HomeMy WebLinkAbout12/08/2021 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, DECEMBER 8, 2021
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM – Via Zoom Webinar
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Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A.BRIEFINGS ON AGENDA ITEMS
1.Confirm Reappointment of Faye Flemister to the Planning Commission
2.Confirm Appointment of Jaime Forsyth to the Bremerton Housing Authority Board of
Commissioners
3.Confirm Appointment of Ryan Burton to Bremerton Housing Authority Board of
Commissioners
4.Resolution to amend and restate the City’s 457(b) Deferred Compensation Plan Document
5.Ordinance to amend Chapter 2.50.050 of the Bremerton Municipal Code to rename the Title
to “457(b) Supplemental Retirement Plan”
6.Services Reimbursement Agreement with Peninsula Community Health Services for
Salvation Army Security Guard Funding
7.2022 Tourism Promotion Services Agreements with the Bremerton Historic Ships
Association, Washington State Science & Engineering Fair, Downtown Bremerton
Association, and Bremerton Chamber of Commerce
8.Ordinance amending Ordinance No. 5408 establishing the City of Bremerton’s Fiscal Year
2021 Budget as amended by Ordinance No. 5424
9.Resolution to ratify the 2021 Amendments to the Kitsap Countywide Planning Policies
10.State of Washington Department of Commerce Local & Community Projects Program Grant
Agreement for the Kitsap Lake Park Renovation Project
11.State of Washington Department of Commerce Local & Community Projects Program Grant
Agreement for the Pendergast Regional Park Improvement Project
12.Professional Services Agreement with Parametrix Inc., for the Kitsap Lake Stormwater
Treatment Retrofit Project
Continued on next page…
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 December 15, 2021 City Council Meeting Agenda…
13.Contract Modification Agreement No. 2 with Herrera Environmental Consultants for the Pine
Road Sub-Basin Stormwater Improvements Project
14.Professional Services Agreement with Parametrix, Inc. for the Decommission Beach Sewer
in Manette (OF-4 to EB-2) Project
15.Ordinance to amend Chapter 17.60 of the Bremerton Municipal Code entitled “Floodplain
Management”
B.GENERAL COUNCIL BUSINESS
o Racial Equity Advisory Committee Monthly Briefing – Chair Leslie Daugs
o Public Works Committee Monthly Briefing – Chair Eric Younger
o Audit Committee Monthly Briefing – Chair Leslie Daugs
o Other General Council Business
C.ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Reappointment of Faye
Flemister to the Planning Commission
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the reappointment of Faye Flemister to the
Planning Commission. Ms. Flemister was appointed to Position 7 of the Commission in November
2020, and her initial appointment was made into a partial unexpired term due to a commissioner’s
resignation. The reappointment of Ms. Flemister will allow her to serve her first full-term of four
years on the Planning Commission and her new term expiration date will be December 31, 2025.
ATTACHMENTS: Application to the committee is available in the Mayor’s Office.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Faye Flemister to the Planning Commission for Position 7 with
the term expiring December 31, 2025.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Jaime
Forsyth to the Bremerton Housing Authority
Board of Commissioners
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Jaime Forsyth as a Board
Commissioner to the Bremerton Housing Authority. The term begins January 1, 2022 and expires
December 31, 2026.
ATTACHMENTS: Application available in the Mayor’s office.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Jaime Forsyth to the Bremerton Housing Authority Board of
Commissioners with a term expiring on December 31, 2026.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Ryan
Burton to the Bremerton Housing Authority
Board of Commissioners
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation for the appointment of Ryan Burton as a Board
Commissioner to the Bremerton Housing Authority. The term begins March 7, 2022 and expires
March 6, 2027.
ATTACHMENTS: Application available in the Mayor’s office.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Ryan Burton to the Bremerton Housing Authority Board of
Commissioners with a term expiring on March 6, 2027.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: December 8, 2021
Resolution to amend and restate the City’s
457(b) Deferred Compensation Plan
Document
COUNCIL MEETING Date: December 15, 2021
Department: Human Resources
Presenter: Charlotte Nelson
Phone: 360-473-5926
SUMMARY: The proposed resolution amends and restates the City’s 457(b) Deferred
Compensation Plan Document. Section 457 of the Internal Revenue Code of 1986, as amended
and the applicable Treasury Regulations requires that 457(b) Plan Documents be restated at least
every five years.
ATTACHMENTS: 1) Resolution No. ____________
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No._________ amending and restating the City’s Deferred Compensation
Plan Document.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
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457 (b) Supplemental Retirement Plan
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, desires to amend and restate in its entirety
City of Bremerton’s 457(b) Deferred Compensation Plan
Document.
WHEREAS, the City adopted an employee 457(b) Deferred Compensation Plan
adopted by Resolution No. 1649 and amended and restated by Resolution(s) 1871 and 1918; and
WHEREAS, Section 457 of the Internal Revenue Code of 1986, as amended (the
“Code”) and the applicable Treasury Regulations requires that Plan Documents be restated at
least every five years; and
WHEREAS, the City Council desires to restate and amend the Plan Document
and update its provisions consistent with the Internal Revenue Code and Treasury Regulations;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City of Bremerton’s 457(b) Deferred Compensation Plan as
adopted by Resolution No. 1649 and as amended by Resolution No. 1918 and as it may have
otherwise been subsequently amended is hereby amended in entirety and restated as the City of
Bremerton’s 457(b) Supplemental Retirement Program Plan Document, which is attached hereto
as Exhibit A and incorporated as if fully set forth herein.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council the___________ day of ____________________,
2021.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 2021.
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457 (b) Supplemental Retirement Plan
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
CITY OF BREMERTON
AMENDED AND RESTATED 457(b)
SUPPLEMENTAL RETIREMENT PROGRAM PLAN DOCUMENT
The Employer, by approval and execution of this document, hereby amends in its
entirety and restates the City of Bremerton’s 457(b) Supplemental Retirement Program Plan as
adopted by Resolution No. 1649 and as amended by Resolution No. and as it may
have otherwise been subsequently amended (“Prior Plan”). The Prior Plan as amended herein
and as set forth in the provisions of this document is hereinafter referred to as the “Plan”.
ARTICLE I. PURPOSE
1.01 The primary purpose of this Plan is to provide a supplemental retirement income
to the Employees of the Employer and the Employees’ Beneficiaries in accordance with the
provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the “Code”) and
the applicable Treasury Regulations.
1.02 In accordance with Section 457 of the Code, all amounts of Compensation
deferred or contributed under the Plan, all property and rights purchases with such amounts and
all income attributable to such amounts and all property and rights are held in trust for the
exclusive benefit of Participants and their Beneficiaries and Alternate Payees pursuant to the
applicable Trust Agreement.
1.03 The Plan and Trust Agreements are intended to satisfy the requirements for
eligible deferred compensation and designated Roth plans under Section 457(e)(1)(A) of the
Code and shall be construed and administered accordingly. To the extent that any term of the
Plan is inconsistent with the provisions of Section 457 of the Code applicable to governmental
employers, the inconsistent term shall, to the fullest extent possible, be treated for all purposes of
the Plan as amended and reformed to conform to the applicable provisions of Section 457 of the
Code.
ARTICLE II. DEFINITIONS
2.01 For purposes of this Plan, the following terms shall have the following meanings:
(a) “Account” means the bookkeeping account maintained for each
Participant reflecting the cumulative amount of the Participant’s Deferred Compensation
account, Designated Roth 457(b) Account (after tax), Rollover Account, Alternate Payee
Account and Beneficiary account including any income, gains, losses, or increases or decreases
in market value attributable to the Plan’s investment of the Participant’s Account(s), and further
reflecting any distributions to the Participant or the Participant’s Beneficiary and any fees or
expensed charged against such Participant’s Account(s).
(b) “Account Balance” The bookkeeping account maintained with respect to
each Participant which reflects the value of the deferred compensation and/or designated Roth
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credited to the Participant, including the Participant’s annual deferrals and or contributions, the
earnings or loss of the Fund (net of Fund expenses) allocable to the Participant, any transfers for
the Participant’s benefit, and any distribution made to the Participant or the Participant’s
Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant’s death,
then a separate Account Balance shall be maintained for each Beneficiary. The Account Balance
includes any account established under Section 6 for rollover contributions and plan-to-plan
transfers made for a Participant, the account established for a Beneficiary after a Participant’s
death, and any account or accounts established for an alternate payee (as defined in section
414(p)(8) of the Code).
(c) “Administrator” means the person or persons named to carry out certain
nondiscretionary administrative functions under the Plan.
(d) “Code” The Internal Revenue Code of 1986, as now in effect or as
hereafter amended. All citations to sections of the Code are to such sections as they may from
time to time be amended or renumbered.
(e) “Committee” means the Supplemental Retirement Committee which is
appointed by the Mayor. The Committee has the power and authority to formally take action and
deliberate on Plan design and investment options on behalf of the Plan. The Committee may
delegate administrative and managerial duties under this Plan.
(f) “Age 50 Plus Catch-up contribution” means the catch-up contribution
for Participants who attain age 50 by the end of the calendar year, as permitted under Code
Section 414(v) and pursuant to Section 3.2(d).
(g) “Alternate Payee Account” means the Account established for an
Alternate Payee pursuant to a Qualified Domestic Relations Order.
(h) “Beneficiary” or “Designated Beneficiary” means the person properly
designated by a Participant to receive the Participant’s benefit under this Plan in the event of the
Participant’s death, or, if none, the Participant’s estate.
(i) “CARES ACT Qualified Individual” is defined as:
1) who is diagnosed with the virus SARS–CoV–2 or with coronavirus
disease 2019 (COVID–19) by a test approved by the Centers for Disease Control and Prevention;
or
2) whose spouse or dependent (as defined in section 152 of the
Internal Revenue Code of 1986) is diagnosed with such virus or disease by such a test; or
3) who experiences adverse financial consequences as a result of
being quarantined, being furloughed or laid off or having work hours reduced due to such virus
or disease, being unable to work due to lack of childcare due to such virus or disease, closing or
reducing hours of a business owned or operated by the individual due to such virus or disease, or
other factors as determined by the Secretary of the Treasury (or the Secretary's delegate).
(j) “Deferrals” means the annual amount of compensation deferred by a
Participant to the Plan, comprising of deferred compensation and Roth 457(b) contributions
(employer cannot make contributions to a designated Roth 457 Plan).
(k) “Deferred Compensation” means the portion of Includable
Compensation not yet earned, which the Participant and Employer mutually agree shall be
deferred, any amount credited to a Participant’s Account by reason of a transfer under this Plan,
or any other amount which the Employer agrees to credit to a Participant’s Account in
accordance with the provisions of this Plan and IRC 457(b).
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(l) “Designated Roth Employer” means an Employer that permits (in
accordance with any applicable procedures as may be required by the Committee) Participants
who are its Employees to make Roth 457(b) Contributions pursuant to Article 6.
(m) “Eligible Deferred Compensation Plan” means a plan established and
maintained by an agency that complies with IRC 457 (b).
(n) “Eligible Rollover Account” means the separate bookkeeping account
maintained by the Administrator within the Plan for a Participant for amounts of Eligible
Rollover Distributions as defined in IRC Section 402(c)(4), including eligible rollover
distributions to a surviving spouse under IRC Section 402(c)(9).
(o) “Eligible Retirement Plan” means an eligible retirement plan as defined
in IRC Section 402(c)(8)(B).
(p) “Employee” Each natural person, whether appointed or elected, who is
employed by the Employer as a common law employee, excluding any employee who is
included in a unit of employees covered by a collective bargaining agreement that does not
specifically provide for participation in the Plan.
(q) “Employer” means City of Bremerton, Washington, the Plan Sponsor.
(r) “Employer Administrator” means the City official(s) designated by the
Mayor to make discretionary decisions in the administration of this Plan.
(s) “Includable Compensation” An Employee’s actual wages in box 1 of
Form W-2 for a year for services to the Employer, but subject to a maximum of $200,000 (or
such higher maximum as may apply under section 401(a)(17) of the Code) and increased (up to
the dollar maximum) by any compensation reduction election under section 125 or 457(b) of the
Code (including an election to defer Compensation under Article 5).
(t) “IRC” means the Internal Revenue Code of 1986, as now in effect or as
hereafter amended.
(u) “Normal Retirement Age” means the age specified in writing by the
Participant. The Normal Retirement Age specified by the Participant must be an age at which
the Participant is eligible to retire pursuant to either the LEOFF, PSERS or PERS retirement
system, by virtue of age, length of service, or both, without consent of the Employer and with the
right to receive immediate retirement benefits without actuarial or similar reduction because of
retirement before some later specified age.
(v) “Participant” An individual who is currently deferring Compensation, or
who has previously deferred Compensation under the Plan by salary reduction and who has not
received a distribution of his or her entire benefit under the Plan. Only individuals who perform
services for the Employer as an Employee may defer Compensation under the Plan.
(w) “Participation Agreement” means an agreement entered into between an
Employee and the Employer, including any amendments or modifications thereof. Such
agreement shall fix the amount of Deferred Compensation, specify a preference among the
investment alternatives designated by the Employer, designate the Employee’s Beneficiary or
Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference.
(x) “Plan-to-Plan Transfer” means a transfer of assets from one eligible
governmental IRC Section 457(b) plan to another eligible governmental IRC Section 457(b)
plan.
(y) “Plan Year” means the calendar year.
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(z)“Prior Plan” means the City of Bremerton’s 457(b) Deferred
Compensation Plan as adopted by Resolution No. 1649 and as amended by Resolution No. 1918
and as it may have otherwise been subsequently amended.
(aa) “Qualified Roth Contribution Program” means a qualified Roth
contribution program as defined in Section 402A of the Code.
(bb) “Qualified Roth Distribution” means a distribution from a Roth
Contribution Account after the Participant has satisfied a five-year holding period and has
attained age 59 ½, died, or become disabled within the meaning of Code Section 72(m)(7), in
accordance with Code Section 402A(d). The five-year holding period is the period of five
consecutive taxable years that begins with the first day of the first taxable year in which the
Participant makes a designed Roth Contribution under the Plan or to another retirement plan
which amount was directly rolled over to the Plan or first makes a Voluntary Employee
Contribution to a Deemed Roth IRA pursuant to Article VI or a contribution to another
(cc)“Roth 457 (b) Account” means the Account(s) established under the Plan
to record a Participant’s Roth 457(b) Contributions, and the income, gains, and losses credited
thereto. A Beneficiary Account or Alternate Payee Account corresponding to the deceased or
relevant Participant’s Roth 457 (b) Contributions may also be referred to as a Roth 457(b)
Account.
(dd)“Roth Deferrals” means amounts contributed by the Employer at the
election of a Participant that (i) have been irrevocably designated by the Participant as Roth
deferrals pursuant to Article II(j) and treated by the employer as gross income at the time the
Participant would have received that amount in cash if the Participant had not made such
election.
(ee) “Separation of Service” means the severance of the Participant’s
employment with the Employer which constitutes a “separation from service” within the
meaning of Section 402(d)(4)(A)(iii) of the Code. In general, a Participant shall be deemed to
have severed his employment with the Employer for purposes of this Plan when, in accordance
with the established practices of the Employer, the employment relationship is considered to
have actually terminated.
(ff) "Trust Agreement" The written agreement (or declaration) made by and
between the Employer and the Trustee under which the Trust Fund is maintained.
(gg) "Trust Fund" The trust fund created under and subject to the Trust
Agreement.
(hh) "Trustee" The Trustee duly appointed and currently serving under the
Trust Agreement.
ARTICLE III. ADMINISTRATION
This Plan shall be administered as follows:
3.01 Duties of the Employer. The Employer shall have the authority to make all
discretionary decisions affecting the rights or benefits of Participants which may be required in
the administration of this Plan. The Employer, through the Mayor, may designate one or more
City officials to perform these functions (collectively, “Employer Administrator”. The Employer
Administrator may;
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1)establish rules and procedures to implement this Plan,
2)enter into agreements with Plan Administrators approved by the
Employer’s legislative body to administer the Plan,
3)make reasonable interpretations of the provisions of the Plan and
4)make minor amendments to the Plan when required to be consistent with
and in compliance with the applicable provisions of the IRC and Treasury Regulations. The
Employer Administrator’s decisions shall be afforded the maximum deference permitted by
applicable law.
3.02 Duties of the Administrator. The Administrator, as agent for the Employer,
shall perform nondiscretionary functions in connection with the Plan, including the maintenance
of Participant’s Accounts, the provision of periodic reports of the status of each Account, and the
distribution of benefits on behalf of the Employer in accordance with the provisions of this Plan.
3.03 Disbursement Pursuant to Plan. Employer shall disburse those amounts which
arise from duly executed Participation Agreements. A duly executed Participation Agreement
shall bear the signatures of the Participant. Each employee’s Participation Agreement shall
become a part of this Plan and is incorporated herein by this specific reference thereto.
3.04 Benefits held in Trust. All amounts deferred under the Plan, all property and
rights purchased with such amounts, and all Income Attributable to such amounts, property, or
rights, must be held in trust for the exclusive benefit of the Participants and their beneficiaries.
3.05 Individual Accounts. An individual account shall be maintained in the name of
each Participant, to which amounts deferred shall be credited.
3.06 Assets of Accounts. With respect to each account hereunder, all dividends,
interest, gains, rents and other increments thereon, shall be credited to such account, and the
assets of each account shall be valued not less than once each year at present value.
3.07 Appointment of Administrator(s). The Employer’s legislative body shall have
the authority to appoint Administrator(s) to carry out the terms and conditions of this Plan.
3.08 Limitation of Liability. The Employers liability is limited as follows:
(a)Employer shall not be required to invest assets nor be responsible for any
loss due to the investment or failure of investment of funds and assets in said deferred
compensation account nor shall Employer be required to replace any loss whatsoever which may
result from said investments.
(b)The Employer shall assume or incur no obligations hereunder except to
exercise due care with respect to the assets from time to time in their custody hereunder pending
application thereof as provided in this Agreement and to exercise due diligence in carrying out
their duties and functions under this Agreement. The Employer shall not be liable for any loss
unless such loss is caused by a breach of its obligations under this Plan.
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ARTICLE IV. LOANS TO CITY EMPLOYEES
4.01 A Participant who is an Employee may apply for and receive a loan from his or
her Account Balance as provided in this Section 4. Any such loan may not be for an amount less
than the minimum amount specified by the Administrator. If not specified by the Administrator,
the minimum loan amount shall be One Thousand Dollars ($1,000).
4.02 Maximum Loan Amount. No loan to a Participant hereunder may exceed the
lesser of:
(a) $50,000, reduced by the greater of (i) the outstanding balance on any loan
from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding
balance on loans from the Plan to the Participant during the one-year period ending on the day
before the date the loan is approved by the Administrator (not taking into account any payments
made during such one-year period), or
(b) one half of the value of the Participant’s vested Account Balance (as of the
Valuation Date immediately preceding the date on which such loan is approved by the
Administrator).
For purposes of this Section 4.02, any loan from any other plan maintained by a
participating employer shall be treated as if it were a loan made from the Plan, and the
Participant’s vested interest under any such other plan shall be considered a vested interest under
this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to
allow the amount of a loan under this Section 4.02 to exceed the amount that would otherwise be
permitted in the absence of this paragraph.
4.03 Terms of Loan. The terms of the loan shall:
(a) require level amortization with payments not less frequently than quarterly
throughout the repayment period, except that alternative arrangements for repayment may apply
in the event that the borrower is on an bona fide unpaid leave of absence for a period not to
exceed one year for leaves other than a qualified military leave within the meaning of section
414(u) of the Code or for the duration of a leave which is due to qualified military service;
(b) require that the loan be repaid within five years unless the Participant
certifies in writing to the Administrator that the loan is to be used to acquire any dwelling unit
which within a reasonable time is to be used (determined at the time the loan is made) as a
principal residence of the Participant; and
(c) provide for interest at a rate equal to one percentage point above the prime
rate as published in the Wall Street Journal on the first business day of the month in which the
loan is approved by the Administrator.
4.04 Security for Loan; Default.
(a) Security. Any loan to a Participant under the Plan shall be secured by the
pledge of the portion of the Participant’s interest in the Plan invested in such loan.
(b) Default. In the event that a Participant fails to make a loan payment under
this Section 4 within 90 days after the date such payment is due, a default on the loan shall occur.
In the event of such default, (i) all remaining payments on the loan shall be immediately due and
payable, (ii) effective as of the first day of the calendar month next following the month in which
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any such loan default occurs, the interest rate for such loan shall be (if higher than the rate
otherwise applicable) the rate being charged on loans from the Plan that are approved by the
Administrator in the month in which such default occurs, (iii) no contributions shall be made on
such Participant’s behalf prior to the first payroll period that follows by 12 calendar m onths the
date of repayment in full of such loan, and (iv) the Participant shall be permanently ineligible for
any future loans from the Plan.
In the case of any default on a loan to a Participant, the Administrator shall apply the
portion of the Participant’s interest in the Plan held as security for the loan in satisfaction of the
loan on the date of Severance from Employment. In addition, the Administrator shall take any
legal action it shall consider necessary or appropriate to enforce collection of the unpaid loan,
with the costs of any legal proceeding or collection to be charged to the Account Balance of the
Participant.
Notwithstanding anything elsewhere in the Plan to the contrary, in the event a loan is
outstanding hereunder on the date of a Participant’s death, his or her estate shall be his or her
Beneficiary as to the portion of his or her interest in the Plan invested in such loan (with the
Beneficiary or Beneficiaries as to the remainder of his or her interest in the Plan to be determined
in accordance with otherwise applicable provisions of the Plan).
4.05 Repayment. The Participant shall be required, as a condition to receiving a loan,
to enter into an irrevocable agreement authorizing the Employer to make payroll deductions from
his or her Compensation as long as the Participant is an Employee and to transfer such payroll
deduction amounts to the Trustee in payment of such loan plus interest. Repayments of a loan
shall be made by payroll deduction of equal amounts (comprised of both principal and interest)
from each paycheck, with the first such deduction to be made as soon as practicable after the loan
funds are disbursed; provided however, that a Participant may prepay the entire outstanding
balance of his loan at any time (but may not make a partial prepayment); and provided, further,
that if any payroll deductions cannot be made in full because a Participant is on an unpaid leave
of absence or is no longer employed by a participating employer (that has consented to make
payroll deductions for this purpose) or the Participant’s paycheck is insufficient for any other
reason, the Participant shall pay directly to the Plan the full amount that would have been
deducted from the Participant’s paycheck, with such payment to be made by the last business day
of the calendar month in which in which the amount would have been deducted.
ARTICLE V. PARTICIPATION
5.01 Eligibility. Any Employee shall be eligible to participate and defer or contribute
compensation under this Plan and upon becoming employed by the Employer.
5.02 Election to Participate. Any Employee may elect to be a Participant by
executing and filing with the Administrator a Participation Agreement consenting to defer or
contribute a portion of his or her salary by the deferral amount specified in the Participation
Agreement. The amount of Deferred Compensation or Roth contribution must be at least $30.00
per month. This minimum amount may be changed by the Employer from time to time. The
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Participation Agreement shall include a designation of a Beneficiary. Such Beneficiary
designation shall remain in effect until the Participant files an executed amendment with the
Administrator designating a new Beneficiary. The Employee shall become a Participant as soon
as administratively possible following the Employee’s filing of a completed and executed
Participation Agreement, or as otherwise permitted by law. Compensation may be deferred or
contributed for any calendar month only if the Participation Agreement has been entered into
before the first day of the month in which compensation is paid or made available.
5.03 Commencement of Participation. An Employee shall become a Participant as
soon as administratively practicable following the date the Employee files a participation election
pursuant to Section 5.02. Such election shall become effective no earlier than the calendar
month following the month in which the election is made. A new Employee may defer or
contribute compensation payable in the calendar month during which the Participant first
becomes an Employee if an agreement providing for the deferral or contribution is entered into
on or before the first day on which the Participant performs services for the Employer.
5.04 Amendment of Annual Deferrals or Contributions Election. Subject to other
provisions of the Plan, a Participant may at any time revise his or her participation election,
including a change of the amount of his or her Annual Deferrals or Contributions, his or her
investment direction and his or her designated Beneficiary. Unless the election specifies a later
effective date, a change in the amount of the Annual Deferrals or Contributions shall take effect
as of the first day of the next following month or as soon as administratively practicable if later.
A change in the investment direction shall take effect as of the date provided by the
Administrator on a uniform basis for all Employees. A change in the Beneficiary designation
shall take effect when the election is accepted by the Administrator.
5.05 Leave of Absence. Unless an election is otherwise revised, if a Participant is
absent from work by leave of absence, Annual Deferrals or Contributions under the Plan shall
continue to the extent that Compensation continues.
5.06 Disability. A disabled Participant may elect Annual Deferrals or contributions
during any portion of the period of his or her disability to the extent that he or she has actual
Compensation (not imputed Compensation and not disability benefits) from which to make
contributions to the Plan and has not had a Severance from Employment.
ARTICLE VI. GENERAL DEFERRAL AND CONTRIBUTION LIMITS
6.01 Maximum 457(b) Contribution Limit. Except as provided in Sections 6.02 and
6.03, the maximum deferred and contributed amount under the Plan for the Participant’s taxable
year shall not exceed the lesser of (a) the maximum dollar amount under IRC Section 457(b ) (2)
(A) and as adjusted for cost of living adjustments described in IRC Section 457(e) (15), both
provisions as currently enacted and hereinafter amended, or (b) 100% of the Participant’s
Includable Compensation as provided in IRC Section 457(b) (2) (B). These limits apply to the
combined amount of deferred compensation and Roth 457 (b) plan contributions.
9
6.02 Special 457(b) Catch-Up Deferral and/or Contributions. For one or more of
the Participant’s last three taxable years ending before the attainment of Normal Retirement Age
under the Plan, the maximum deferral and or contributions shall be the lesser of
(a) twice the applicable dollar amount set forth in Section 6.01; or
(b) the sum of;
(i) The limitation established for the taxable year under Section 6.01,
plus
(ii) The limitation established for purposes of Section 6.01 for each of
the prior taxable years during which the Participant was eligible to participate less the amount of
Compensation deferred by the Participant under the Plan for each of such prior taxable years.
6.03 Age 50 Catch-Up Deferral or Contributions. A Participant who will attain age
50 or more by the end of the calendar year is permitted to elect an additional amount of Annual
Deferrals and/or Contributions, up to the maximum age 50 catch-up Annual Deferrals for the
year. The combined deferrals and contributions shall not be greater than the
(a) amount set forth in IRC Section 414(v)(2)(B) and as adjusted for cost-of-
living adjustments described in IRC Section 414(v)(2)(C), both provisions as currently enacted
and hereinafter amended, or
(b) The amount determined under any other applicable Section of this Plan
(without regard to this Section).
6.04 Participation in more than one Plan. The amount deferred or contributed from
a Participant’s gross income under this Plan or any other eligible plan under section 457 of the
Code shall not exceed the maximum amount allowed under this Article less any amount
excluded from gross income under section 403(b), 402(a)(8), or 402(h)(1)(B) of the Code, or any
amount with respect to which a deduction is allowable by reason of a contribution to an
organization described in section 501(c)(18) of the Code. Consequently, an Employee who
participates in more than one plan (whether or not maintained by the same sponsor) must allocate
the dollar limitation among the plans in which he or she participates.
6.05 Participation in Tax-Sheltered Annuity. If an individual who participates in
an eligible deferred compensation plan also participates in a tax-sheltered annuity program,
contributions that are excludable from his or her gross income under Code Sec. 403 (b) reduce
the limitation, under Code Sec. 457, on the amount of compensation which may be deferred
under the eligible 457 Plan. For purpose of computing the exclusion under Code Sec. 403 (b), an
amount deferred in an earlier taxable year under an eligible State deferred compensation plan
(with regard to the sponsoring entity) is treated as an amount contributed by the employer and
excluded by the employee under Code Sec. 403 (b), if the taxable year of the deferral counts as a
year of service for purposes of Code Sec. 403 (b).
ARTICLE VII. UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT OF 1994.
7.01 Uniformed Services Employment and Reemployment Rights Act of 1994.
Notwithstanding the preceding provisions of Article V, a Participant who is entitled to
reemployment pursuant to the terms of the Uniformed Services Employment and Reemployment
10
Rights Act of 1994 (USERRA) may defer or contribute an additional amount under the Plan as
provided in that Act for the years of his or her service in the uniformed services (as defined in
USERRA). Any such deferrals or contributions will not be subject to the limits set forth above
in the year in which deferred or contributed but will be subject to the limits for the year to which
such deferrals or contributions relate.
ARTICLE VIII. EMPLOYER CONTRIBUTIONS
8.01 The Employer may contribute to the Plan for Participants. Employer
contributions shall vest at the time such contributions are made. For purposes of administering
ARTICLE VI relating to deferral of compensation, Employer contributions shall apply toward
the maximum deferral limits in the Plan Year. The Employer cannot contribute to the
Employee’s Roth account.
ARTICLE IX. DISTRIBUTION OF BENEFITS
9.01 Commencement of Distributions. Except for Unforeseeable Emergency
withdrawals pursuant to Article X or otherwise specifically allowed by the Plan, distributions
from the Plan may not be made to a Participant earlier than:
(a)the calendar year in which the Participant attains age 70 ½ (72 if you reach
age 70 ½ after December 31, 2019); or
(b)the Participant retires or otherwise has a severance from employment. All
irrevocable elections of a benefit commencement date by a Participant or a Beneficiary made
prior to January 1, 2002, and defaulted distributions (other than a defaulted distribution to an
annuity option) may be voided at the election of the Participant or the Beneficiary.
9.02 Election of Benefit Commencement Date. A Participant may elect to
commence distributions of benefits at any time after retirement or other Severance from
Employment, as determined and confirmed by the Plan Sponsor by a notice filed with the
Administrator before the date on which benefits are to commence. The entire trust shall be
distributed to the Participant not later than the Required Beginning Date described in Section
7.05 or shall be distributed, beginning not later than the Required Beginning Date, over the life
of such Participant or over the lives of such Participant and a Designated Beneficiary, or over a
period not extending beyond the life expectancy of such Participant and Designated Beneficiary,
as provided by regulations. However, in no event may distribution of benefits commence later
than the date described in Section 7.05, Required Beginning Date.
9.03 Forms of Distribution. Benefits shall be paid in accordance with the payment
option elected by the Participant. Payment, method of payment, and settlement options are
available as provided by each of the available investment specifications. The Participant shall
elect the method of payment based upon the options then available under the Plan, including but
not limited to lump sum distributions, periodic payment by fixed amount, periodic payment by
fixed time period, partial lump sum payment or purchased annuity. A Participan t or Beneficiary
who has chosen a payment option, other than the purchased annuity option, shall have the ability
to change his payment option subject to any restrictions or limitations imposed by the Plan, the
11
Administrator, an investment option provider, any regulatory agency, or as otherwise required by
law.
9.04 Treasury Regulations Incorporated into Plan. All distributions required under
this Article VIII will be determined and made in accordance with the Treasury Regulations
under promulgated under IRC Section 401(a)(9).
9.05 Required Beginning Date. The Participant’s entire interest will be distributed,
or begin to be distributed, to the Participant no later than the Participant’s required beginning
date, which is to begin no later than April 1 of the calendar year following the later of the
calendar year in which the Participant attains age 70 ½ (72 if you reach age 70 ½ after
December 31, 2019) or has a Severance from Employment.
9.06 Required Minimum Distributions. All distributions under the Plan must
comply with IRC Section 401(a) (9) and the regulations issued thereunder.
(a) Participant dies before entire interest is distributed. If a Participant
dies after the distribution of the Participants interest has begun but before the entire interest has
been distributed to him or her, the remaining portion of such interest will be distributed to the
Beneficiary at least as rapidly as under the method of distribution in effect at the time of the
Participant’s death.
(b) Participant dies before the distribution of the employee’s interest has
begun. If a Participant dies before the Required Beginning Date of distribution, payments to a
Beneficiary must comply with one of the following requirements:
(i) Generally. The entire account value must be distributed within 5
years after the death of such Participant’s death; or
(ii) Designated Beneficiary. If the Designated Beneficiary is a person
other than the Participant’s spouse, distributions to the Designated Beneficiary of the account
must begin no later than 1 year (or such later date as prescribed by the IRC or Treasury
regulations) after the date of the Participant’s death, payable over a period not extending beyond
the life expectancy of the Beneficiary; or
(iii) Spouse as Designated Beneficiary. If the Designated Beneficiary
is the Participant’s surviving spouse, distributions to the surviving spouse must begin no later
than 1 year (or such later date as prescribed by the IRC or Treasury regulations ) after either 1)
the date of death of the participant or 2) the date which the Participant would have attained age
70 ½ (72 if you reach age 70 ½ after December 31, 2019), whichever is later. The account must
then be paid over a period not extending beyond the life expectancy of the spouse.
(c) If the Participant dies before the date distributions begin, the Participant’s
surviving Spouse is the Participant’s Designated Beneficiary, and the surviving Spouse dies
before distributions are required to begin, this Article VIII will apply as if the surviving Spouse
were the Participant.
(d) If the Beneficiary is not a person, such as a trust or an estate, the entire
account value must be distributed according to the five-year rule in (b) (i) above.
(9.07) “Coronavirus-Related Distribution” Except as provided in paragraph (2) of
Section 2202 the CARES Act , the term Coronavirus-Related Distribution or “CRD” means any
distribution from an eligible retirement plan made—
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a. on or after January 1, 2020, and before December 31, 2020,
b. to a “CARES Act Qualified Individual”
i. who is diagnosed with the virus SARS–CoV–2 or with coronavirus
disease 2019 (COVID–19) by a test approved by the Centers for Disease Control and Prevention,
ii. whose spouse or dependent (as defined in section 152 of the
Internal Revenue Code of 1986) is diagnosed with such virus or disease by such a test, or
iii. who experiences adverse financial consequences as a result of
being quarantined, being furloughed or laid off or having work hours reduced due to such virus
or disease, being unable to work due to lack of childcare due to such virus or disease, closing or
reducing hours of a business owned or operated by the individual due to such virus or disease, or
other factors as determined by the Secretary of the Treasury (or the Secretary's delegate).
ARTICLE X. UNFORSEEABLE EMERGENCY DISTRIBUTIONS
10.01 Distribution. If the Participant has an Unforeseeable Emergency before
retirement or other Severance from Employment, the Participant may elect to receive a lump sum
distribution equal to the amount requested or, if less, the maximum amount determined by the
Administrator to be permitted to be distributed under this Article.
10.02 Unforeseeable Emergency Defined. An Unforeseeable Emergency is defined as
a severe financial hardship of the Participant resulting from: an illness or accident of the
Participant, the Participant’s Spouse, or the Participant’s dependent (as defined in IRC Section
152(a)); loss of the Participant’s property due to casualty (including the need to rebuild a home
following damage to a home not otherwise covered by homeowners insurance, e.g. as a result of
a natural disaster); the need to pay for the funeral expenses of the Participant’s Spouse or
dependent (as defined in IRC Section 152(a)); or other similar extraordinary and unforeseeable
circumstances arising as a result of events beyond the control o f the Participant, or as otherwise
permitted by law. For example, the imminent foreclosure of or eviction from the Participant’s
primary residence may constitute an Unforeseeable Emergency. In addition, the need to pay for
medical expenses, including non-refundable deductibles, as well as for the cost of prescription
drug medication, may constitute an Unforeseeable Emergency. Except as otherwise specifically
provided in this Article, neither the purchase of a home nor the payment of college tuition is an
Unforeseeable Emergency.
10.03 Unforeseeable Emergency Distribution Standard. A Distribution on account
of Unforeseeable Emergency may not be made to the extent that such emergency is or may be
relieved through reimbursement or compensation from insurance or otherwise, by liquidation of
the Participant’s assets, to the extend the liquidation of such assets would not itself cause severe
financial hardship, or by cessation of deferrals under the Plan, or as otherwise permitted by law.
This section does not apply to designated Roth Accounts.
10.04 Distribution Necessary to Satisfy Emergency Need. Distributions because of
an Unforeseeable Emergency may not exceed the amount reasonably necessary to satisfy the
emergency need (which may include any amounts necessary to pay any federal, state, or local
income taxes or penalties reasonably anticipated to result from the distribution)
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ARTICLE XI. ELIGIBLE ROLLOVERS AND PLAN-TO-PLAN TRANSFERS
11.01 Eligible Rollovers to the Plan.
(a) Incoming Rollover Contributions. A Participant who is entitled to
receive an Eligible Rollover Distribution from another Eligible Retirement Plan may request to
have all or a portion of the Eligible Rollover Distribution paid to the Plan, provided,
(1) the Eligible Rollover Distribution is made entirely in the form of
U.S. dollars, and,
(2) the Participant demonstrates to the Administrator’s satisfaction that
the amount is a qualifying Eligible Rollover Distribution under IRC Sections 402(c)(4),
403(a)(4), or 408(d)(3),
(b) Definitions of Eligible Rollover Distribution. For purposes of Section
9.01(a) Incoming Rollover Contributions, an Eligible Rollover Distribution means any
contribution of all or any portion of a Participant’s benefit under another Eligible Retirement
Plan to the Plan, except that an Eligible Rollover Distribution does not include:
(i) any installment payment for a period of 10 years or more,
(ii) any distribution made as a result of an Unforeseeable Emergency,
or
(iii) For any other distribution, the portion, if any, of the distribution
that is a required minimum distribution under IRC Section 401(a)(9).
(c) Separate Account for Eligible Rollover Contributions. The Plan shall
establish and maintain for the Participant an Eligible Rollover Account for any Eligible Rollover
Distribution paid to the Plan from any Eligible Retirement Plan that is not an eligible
governmental plan under IRC Section 457(b). In addition, the Plan shall establish and maintain
for the Participant an Eligible Rollover Account for any Eligible Rollover Distribution paid to
the Plan from any Eligible Retirement Plan that is an eligible governmental plan under IRC
Section 457(b).
11.02 Eligible Rollovers from the Plan. A Participant or the surviving Spouse of a
Participant (or a Participant’s former Spouse who is the Alternate Payee under a Domestic
Relations Order, as defined in IRC Section 414(p)) who is entitled to an Eligible Rollover
Distribution may elect, at the time and in the manner prescribed by the Administrator, to have all
or any portion of the distribution paid directly to an Eligible Retirement Plan specified by the
Participant in a direct rollover.
11.03 Plan-to-Plan Transfers - to the Plan.
(a) Permissive Plan-to-Plan Transfers. At the direction of the Employer,
the Administrator may permit a class of Participants who are Participants in another eligible
governmental IRC Section 457(b) plan to transfer assets from said eligible governmental IRC
Section 457(b) plan to the Plan as provided herein. Such a transfer is permitted only if the other
Plan provides for the direct transfer of each Participant’s interest therein to the Plan. Transfers
from other eligible 457 Plans (as defined in IRC Section 457) to the Plan will be accepted at the
Participant’s request if such transfers are in cash.
(b) Effect of Transfers on Annual Deferral and/or Contribution
Limitations. Any such transferred amount shall not be subject to the limitations of Section 6.01
Basic Annual Limitation, 6.02 Special Section 457 Catch-up Limitation, and 6.03 Age 50 Catch-
14
Up Annual Deferral and/or Roth Contributions, as an Annual Deferral/Contribution, provided
however, that the actual amount deferred during the calendar year under both Plans shall be
taken into account in calculating the maximum Annual Deferral/Contribution for that year. The
amount so transferred shall be credited to the Participant’s Account Balance and shall be held,
accounted for, administered, and otherwise treated in the same manner as an Annual
Deferral/Contribution by the Participant under the Plan.
(c) Required Documentation for Transfers to the Plan. The Administrator
may require such documentation from the other Plan as it deems necessary to effectuate the
transfer in accordance with IRC Section 457(e)(10) and Treasury Regulati on Section 1.457-10(b)
and to confirm that the other Plan is an eligible governmental plan as defined in Treasury
Regulation 1.457-2(f).
11.04 Plan-to-Plan Transfers - from the Plan.
(a) Outgoing Plan-to-Plan Transfers Pursuant to Severance of
Employment. At the direction of the Employer, the Administrator may permit a class of
Participants and Beneficiaries to elect to have all or any portion of their Account Balance
transferred to another eligible governmental plan with the meaning of IRC Section 457(b) and
Treas. Reg. 1.457-2(f). A transfer is permitted under this Section 9.04(a) for a Participant only if
the Participant has had a Severance from Employment with the Employer and is a public
employee of the entity that maintains the other eligible governmental 457(b) Plan. Further, a
transfer is permitted under this Section 9.04(a) only if the other eligible governmental 457(b)
plan provides for the acceptance of plan-to-plan transfers with respect to the Participants and
Beneficiaries and for each Participant and Beneficiary to have an amount deferred and or
contributed under the other plan immediately after the transfer at least equal to the amount
transferred.
(b) Outgoing Plan-to-Plan Transfers While Employed. If the Employer
offers an eligible governmental 457(b) plan other than the Plan, and such other plan accepts
transfers, the Participant may transfer the Account Balance in cash from the Plan to the other
plan.
(c) Limitation of Liability. Upon the transfer of assets under this Section
9.04, the Plan’s liability to pay benefits to the Participant or Beneficiary under this Plan shall be
discharged to the extent of the amount so transferred for the Participant or Beneficiary. The
Administrator may require such documentation from the receiving plan as it deems appropriate
or necessary to comply with the is Section 9.04 (for example, to confirm that the receiving plan
is an eligible governmental plan under paragraph (a) of this Section 9.04, and to assure that the
transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to Treas. Reg.
1.457-10 (b).
(d) Correction of Excess Deferrals and/or Contributions. If the Annual
Deferral and/or Contribution on behalf of a Participant for any calendar year exceeds the
limitations described above, or the Annual Deferral and/or Contribution on behalf of a
Participant for any calendar year exceeds the limitations described above when combined with
other amounts deferred or contributed by the Participant under another eligible 457 Plan under
section 457(b) of the Code for which the Participant provides information that is accepted by the
Administrator, then the Annual Deferral and/or Contribution, to the extent in excess of the
applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be
distributed to the Participant.
15
ARTICLE XII. DOMESTIC RELATIONS ORDERS
12.01 Receipt of Domestic Relations Orders. When the Employer, Administrator, or
Plan receives a Domestic Relations Order (DRO), judgment, decree, or order (including approval
of a property settlement agreement) pursuant to 26 USC 414(p) that relates to the provision of
child support, alimony payments, or the marital property rights of Spouse or former Spouse,
child or other dependent of a Participant is made pursuant to the domestic relations law of any
State, then the amount of the Participant’s Account Balance shall be paid in the manner and to
the person or persons so directed in the DRO as the Alternate Payee. Such payments shall be
made without regard to whether the Participant is eligible for a distribution of benefits under the
Plan. The Administrator shall establish reasonable procedures for determining the status of any
such decree or order and for effectuating distribution pursuant to the DRO. Upon receipt of a
DRO:
(a) The Administrator shall notify the Participant and Alternate Payee of the
receipt of the DRO, and
(b) Within a reasonable time, the Administrator will follow the procedure
adopted by the Employer to determine the validity of the DRO. In the event the Administrator
believes that the DRO is acceptable, it will process the DRO in accordance with the
Administrator’s procedures. If the DRO does not appear to be acceptable, the Administrator may
contact the Employer for a final determination and instruction regarding final disposition of the
DRO.
12.02 Validity of DRO. For purposes of this Article XI, a valid DRO is a judgment,
decree, order, or approval of a marital property settlement made pursuant to a state domestic
relations law (including community property law), relating to the property rights of a Participant
and Alternate Payee. In addition, the DRO must:
(a) Create or recognize the existence of the right of an Alternate Payee to all
or a portion of benefits payable with respect to a Participant under the Plan;
(b) Clearly specify the following information:
(i) The name and last known mailing address of the Participant and
Alternate Payee covered by the DRO; and
(ii) The amount or percentage, or the manner in which the amount or
percentage is to be determined, of the Participant’s benefits to be paid to the Alternate Payee;
and
(iii) The number of payments or period which the DRO applies; and
(iv) The Plan to which such DRO applies.
(c) Provide a form of payment to the Alternate Payee that is permitted under
the Plan; and,
(d) Not require the payment of benefits to an Alternate Payee which are
required by a prior DRO to be paid to another Alternate Payee.
12.03 Processing of a DRO. If it has been determined that a DRO applies to a
Participant’s account, unless specifically directed otherwise by the Employer, the Administrator
shall comply with the DRO. The Administrator may place a restrictive hold on a Participant’s
Account Balance while it determines the validity of, and/or processes a DRO. The Administrator
16
shall establish a separate Account Balance for the Alternate Payee and transfer the assigned
value or benefit from the Participant’s account into the Alternate Payee’s separate Account
Balance.
12.04 Rights of an Alternate Payee to Receive Distributions. The Alternate Payee is
entitled to receive distributions immediately upon the establishment of the separate Account
Balance pursuant to Section 10.03 Processing of a DRO. Commencement of distributions must
begin no later than April 1st following the year in which the Alternate Payee attains age 70 ½ (72
if you reach age 70 ½ after December 31, 2019). Distributions made to an Alternate Payee are
reported as taxable income to the Alternate Payee in the calendar year in which the distributions
are received by the Alternate Payee. State taxes, if applicable, and federal taxes will be withheld
from any distribution on the Alternate Payee’s Account Balance based upon the tax withholding
elections of the Alternate Payee. The Alternate Payee may not make any contributions to the
account but is permitted to designate Beneficiaries for the Account Balance and to exercise
exchanges among the investment options as permitted by the Plan.
12.05 No Liability for Prior Distributions. In the event that it is determined that a
DRO is valid and the Participant has begun receiving distributions from the Plan, the Alternate
Payee must commence distribution within sixty (60) days following the date the DRO is
determined to be valid. The Administrator shall only process a DRO to the extent possible based
upon the then current value or benefit in the Participant’s Account Balance.
ARTICLE XIII. CORONAVIRUS-RELATED DISTRIBUTIONS
13.01 Coronavirus-Related Distribution. A Participant who is a Qualified
Individual as defined below may apply for and receive a Coronavirus-Related Distribution, on or
after January 1, 2020, and before December 31, 2020, only, in an amount not to exceed the lesser
of the present value of the vested portion of the Participant’s Account on the date of distribution,
or $100,000. The Program Administrator may rely on the Participant’s certification that the
Participant satisfies the requirements of this subsection (f) in determining whether any
distribution is a Coronavirus-Related Distribution. A Coronavirus-Related Distribution shall not
be treated as an Eligible Rollover Distribution.
(1) A “Qualified Individual” is a Participant who:
(a) is diagnosed with the virus SARS-CoV-2 or with coronavirus
disease 2019 (COVID-19) by a test approved by the Centers for Disease Control and Prevention,
or
(b) has a spouse or dependent (as defined in section 152 of the Internal
Revenue Code of 1986) diagnosed with COVID-19 by a test approved by the Centers for Disease
Control and Prevention, or
(c) experiences adverse financial consequences as a result of
(i) being quarantined, furloughed or laid off or having work
hours reduced due to COVID-19,
(ii) being unable to work due to lack of child care due to
COVID-19,
17
(iii) being unable to work due to closing or reducing hours of a
business owned or operated by the Participant due to COVID-19, or
(iv) other factors as determined by the Secretary of the
Treasury.
(2) A Participant who receives a Coronavirus-Related Distribution may repay
such distribution in one or more contributions to the Plan or to a deem ed IRA established with
this Plan within three years of the Distribution. Such repayment shall be treated for tax purposes
as a Direct Rollover.
13.02. Payment Options. The election of a payment option by a Participant or a
Beneficiary under Section 12.1 must be made no later than thirty (30) days before the
commencement of such benefits. Subject to restrictions established by the Program
Administrator, the Plan shall permit payout options in the form of lump sums, periodic payments
of a fixed amount or fixed duration, or life contingent annuities. Absent such an election, the
Account will be paid in a lump sum. If at the time the payment of a participant or beneficiary’s
vested accumulated account balance (including that portion of the balance attributable to rollover
contributions and earnings) is $1,000 or less, the vested balance shall be paid to the participant or
beneficiary in a lump sum as soon as administratively possible on or after the date the benefit is
otherwise payable, unless the participant or beneficiary elects to have the account balance rolled
over to an eligible retirement plan or remain in the plan subject to restrictions established by the
Program Administrator. See Article XV for rollover distribution options.
ARTICLE XIV. AMENDMENT AND TERMINATION
14.01 Employer may, at any time, amend, modify or suspend this Plan, in whole or in
part, at any time, or cease deferring and or contributing Compensation pursuant to the Plan.
Notwithstanding any other provision of the Plan, Employer in its sole discretion, may terminate
this Plan and discharge in full its obligations under Plan to all Participants or all Participant’s
beneficiaries by distributing to such Participants or beneficiaries the value of the Participant’s
account. No amendment, modification, suspension, termination or cessation shall affect the
rights of Participants or their beneficiaries to the extent of any amount deferred or contributed
prior to the amendment, modification, suspension, termination or cessation.
ARTICLE XV. TRUST FUNDS
15.01 Trust Fund. All amounts of Annual Deferrals and Contributions, all property
and rights purchased with such amounts, and all income attributable to such amounts, property,
or rights shall be held and invested in the Trust Fund in accordance with this Plan and the Trust
Agreement. The Trust Fund, and any subtrust established under the Plan, shall be established
pursuant to a written agreement that constitutes a valid trust under the law of the City of
Bremerton. The Trustee shall ensure that all investments, amounts, property, and rights held
under the Trust Fund are held for the exclusive benefit of Participants and their Beneficiaries.
The Trust Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of
Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the
Trust Fund. It shall be impossible, prior to the satisfaction of all liabilities with respect to
18
Participants and their Beneficiaries, for any part of the assets and income of the Trust Fund to be
used for, or diverted to, purposes other than for the exclusive benefit of Participants and their
Beneficiaries.
ARTICLE XVI. AMENDMENT AND RESTATEMENT OF PRIOR PLAN
16.01 This Plan amends in its entirety and restates the City of Bremerton’s Prior Plan.
This Plan shall apply to all Participants in the Prior Plan on the effective date hereof, and also to
each Employee who elects to participate in this Plan on or after the effective date hereof.
ARTICLE XVII. MISCELLANEOUS
17.01 Choice of Law. This Plan shall be construed under the laws of the State of
Washington.
17.02 Section Headings. The sections headings of this Plan are not a part of this Plan
and shall have no effect upon the construction or interpretation of any part hereof.
17.03 Nonassignability. Neither Participant nor his or her beneficiary shall have any
right to sell, assign, transfer or otherwise convey the right to receive any payment hereunder; nor
shall any such payments be subject to attachment, garnishment or execution of any kind in
connection with any claim against Participant or his or her beneficiary.
17.04 Conflict between Plan and Law. In the event of a conflict of any provision of
this Plan with applicable provisions of the IRC or Treasury Regulations, the provisions of the
IRC or Treasury Regulations will be controlling.
17.05 Severability. Any provisions of this Plan which shall prove to be invalid, void,
or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other
provision shall remain in full force and effect.
IN WITNESS WHEREOF, Employer has caused this Plan to be signed and
attested on this _______ day of ______________, 2021.
CITY OF BREMERTON, Employer
Attest: ____________________________ ___________________________
City Clerk, ANGELA HOOVER GREG WHEELER, Mayor
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: December 8, 2021
Ordinance to amend Chapter 2.50.050 of
the Bremerton Municipal Code to rename
the Title to “457(b) Supplemental
Retirement Plan”
COUNCIL MEETING Date: December 15, 2021
Department: Human Resources
Presenter: Charlotte Nelson
Phone: 360-473-5926
SUMMARY: The proposed ordinance amends Section 2.50.050 of the Bremerton Municipal Code by
changing the Title to 457(b) Supplemental Retirement Plan.
ATTACHMENTS: 1) Ordinance No. ____________
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No._________ amending Section 2.50.050 of the Bremerton Municipal
Code relating to the City’s Deferred Compensation Plan.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A5
1
457 (b) Supplemental Retirement Plan
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, desires to amend and restate in its entirety
City of Bremerton’s 457(b) Deferred Compensation Plan
Document.
WHEREAS, the City adopted an employee 457(b) Deferred Compensation Plan
adopted by Resolution No. 1649 and amended and restated by Resolution(s) 1871, 1918, and
________; and
WHEREAS, the City Council desires to amend the plan name in the Bremerton
Municipal Code; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.50.050 of the Bremerton Municipal Code entitled
"Deferred Compensation/Insurance Options" is hereby amended to read as follows:
2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN
DEFERRED COMPENSATION/INSURANCE OPTIONS.
The City will contribute a total of four percent (4%) of gross salary to options selected by
each person from City deferred compensation and/or tax exempt benefits made available through
approved City policies.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
2
457 (b) Supplemental Retirement Plan
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. ______________
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Services Reimbursement
Agreement with Peninsula Community
Health Services for Salvation Army
Security Guard Funding
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Financial Services
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: The City of Bremerton and Peninsula Community Health Services (PCHS) wish to enter
into a Services Reimbursement Agreement. This is a cooperative effort in which the City will
reimburse PCHS for its payments to the Salvation Army for security services and the Salvation Army
will provide security services at its 6th Street facility. The funds will assist PCHS as it administers the
Stand-by-me program services. The agreement between PCHS and the Salvation Army is attached
and incorporated into the funding agreement as Exhibit A.
ATTACHMENTS: 1) Services Reimbursement Agreement between the City of Bremerton and
PCHS
FISCAL IMPACTS (Include Budgeted Amount: Included in the 2022 Budget at the not to exceed
amount of $30,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the Security Services Reimbursement Agreement
with Peninsula Community Health Services, and authorize the Mayor to finalize and execute the
amendment with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A6
Exhibit A: PSA between PCHS and the Salvation Army
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: 2022 Tourism Promotion
Services Agreements with the Bremerton
Historic Ships Association, Washington
State Science & Engineering Fair,
Downtown Bremerton Association, and
Bremerton Chamber of Commerce
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Finance
Presenter: Melinda Monroe
Phone: (360) 473-5306
SUMMARY: City Council approved Lodging Tax Award recommendations at the Council Meeting
held November 3, 2022, including the following Lodging Tax Fund awardee amounts over the
$25,000 threshold: Bremerton Historic Ships was awarded $40,000.00; Washington State Science &
Engineering Fair was awarded: $32,000.00; Downtown Bremerton Association was awarded:
$33,000.00; and Bremerton Chamber of Commerce was awarded: $25,000.00 for a total of
$130,000.00. Pursuant to BMC 2.76.100, contracts over $25,000.00 require City Council approval.
ATTACHMENTS: Tourism Promotion Services Agreements
FISCAL IMPACTS (Include Budgeted Amount): $600,000.00 is budgeted in the Lodging Tax 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 Tourism Promotion Services Agreement with Bremerton Historic Ships for
$40,000.00; the Tourism Promotion Services Agreement with Washington State Science &
Engineering Fair for $32,000.00; the Tourism Promotion Services Agreement with Downtown
Bremerton Association for $33,000.00; and the Tourism Promotion Services Agreement with
Bremerton Chamber of Commerce for $25,000.00; for a grant total of $130,000.00 and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented, 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
A7
SUBJECT: Study Session Date: October 27, 2021
Acceptance of Lodging Tax Advisory COUNCIL MEETING Date: November 3, 2021
Committee's 2022 Funding Department: City Council
Recommendations Presenter: Michael Goodnow
LTAC Chair
Phone: (360) 473-5280
SUMMARY:
The Lodging Tax Advisory Committee (LTAC) received fourteen (14) requests for funding totaling
469,500. The focus of the committee was on re -opening venues and facilities that support tourism;
supporting organizations that provide tourism related activities and destination marketing or outreach;
and restoring long-time successful events that are attempting to restart after the pandemic.
After interviews were held on October 1 and 8; followed by review and deliberations on October 15,
funding recommendations for 12 of the 14 applicants for a total allocation of $200,000 through Fiscal
Year 2022 are now being presented for City Council's consideration (Exhibit A).
Please note that these recommendations exclude pre -dedicated funding already included in the City
of Bremerton's 2022 Budget for the following:
250,000 for Operations of the Kitsap Conference Center
150,000 for Operations of the Admiral Theatre
ATTACHMENTS: 1) Exhibit A —LTAC Funding Recommendations for 2022
FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that the LTAC's
recommendations may either be accepted or rejected. If any individual recommendation is rejected
by City Council, then the proposed change must be submitted to the LTAC for review and comment,
allowing for up to 45 days before final action on the funding is taken.
Funding may only be allocated to the list of eligible applicants provided by the LTAC.
A delay in funding could potentially impact event planning in progress by organizations.
STUDY SESSION AGENDA: Limited Presentation Rx Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to accept the Lodging Tax Advisory Committee's 2022 Funding Recommendations per Exhibit
A.
COUNCIL ACTION Approve Deny Table Continue No Action
Form Updated 01/02/2018
EXHIBIT A
FY 2022 Bremerton Lodging Tax Funding Recommendations
Organization
Proposed Use of Funding
Request
Recommendations
Bremerton
Symphony Association
Tourism Promotion
2021-2022 Season
$5,000
$5,000
Puget Sound
Navy Museum
Tourism Promotion & Operations
Year-Round
$10,000
$5,000
Bremerton
Bridge Blast
Tourism Promotion & Operations
Bremerton Bridge Blast (June 25, 2022)
$25,000
$16,500
Blackberry Festival
Tourism Promotion & Operations
Blackberry Festival (Sept. 3-5, 2022)
$15,000
$10,000
Bremerton
Historic Ships
Association
Tourism Promotion
Year-Round
$67,000
$40,000
Admiral Theatre
Tourism Promotion
2021-2022 Season
$50,000
0
Visit Kitsap Peninsula
Tourism Promotion & Operations
Year-Round
$25,000
$12,000
Kitsap Historical
Society & Museum
Tourism Promotion & Operations
Kitsap County Fair (TBD Aug. 2022)
Kitsap Antique Show (TBD Sept. 2022)
$25,000
$11,500
Experience Kitsap
Tourism Promotion
$20,000
0
Bremerton Bright
Mural Festival
Tourism Promotion & Operations
Bremerton Bright (July 15-20, 2022)
$75,000
$5,000
Washington State
Science & Engineering
Fair (WSSEF)
Tourism Promotion & Operations
Jr. Science & Humanities Symposium
(February 19-20, 2022)
WSSEF (April 1-2, 2022)
$45,000
$32,000
West Sound
Film Festival
Operations
West Sound Film Festival (August 2022)
$7,500
$5,000
Downtown Bremerton
Association
Tourism Promotion & Operations
Visitor Center Staffing & Expanded Hours
$50,000
$33,000
Bremerton Chamber of
Commerce
Tourism Promotion & Operations
Bremerton Armed Forced Day Parade &
Festival (TBD May 2022)
Visitor Center Staffing & Expanded Hours
$50,000
$25,000
Grand Total
$469,500
$200,000
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Chamber of Commerce)
Rev. 11/2021 Page 1 of 6
TOURISM PROMOTION SERVICES AGREEMENT
BREMERTON CHAMBER OF COMMERCE VISITOR CENTER
The City of Bremerton (“City”) and Bremerton Chamber of Commerce (“Organization”),
referred to collectively as the “Parties,” enter into the following Agreement for Tourism Promotion
services:
I. Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2022 and shall continue in full force
and effect until December 31, 2022 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Twenty-five Thousand dollars and zero cents
($25,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to
the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than
budgeted funding may be decreased.
A. Payment will be released when the following has been fulfilled:
I. The Organization shall submit monthly billing invoices, by the 15th of the month
following the end of the month or quarter in which services were performed, detailing
how activities and services performed by the Organization during the preceding month
have specifically promoted tourism in the City of Bremerton including measurable
results.
II. The Organization will provide proof of insurance, agree to the use of Automated
Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business
license.
B. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a
billing invoice does not conform to this Agreement, the City may withhold payment until the
invoice is brought into compliance. Sample of a conforming invoices and support is provided in
Exhibit B.
I. Such withholding does not relieve the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing
invoices by January 10th, 2023 after the expiration of this Agreement may result
in the forfeiture of remaining unbilled compensation.
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Chamber of Commerce)
Rev. 11/2021 Page 2 of 6
C. The Organization 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.
IV. Relationship of Parties: The Organization 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. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City’s employees and other contractors. 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 Organization. Organization will be solely and entirely responsible for its acts and for the
acts of the Organization'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 contractors to perform the same or similar work.
As an independent contractor, the Organization 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 Organization or its personnel.
As an independent contractor, Organization 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 Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the wo rk when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $1,000,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $1,000,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City’s
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Chamber of Commerce)
Rev. 11/2021 Page 3 of 6
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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 Organization'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.
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization 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 per Exhibit B. Organization shall maintain accounting
records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all
billed amounts.
B. Work Performed at Organization's Risk: Organization 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 Organization's own risk, and Organization 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.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. 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.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. 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.
Contracts Administrator Organization Address
City of Bremerton Bremerton Chamber of Commerce
345 6th Street, Suite 100 409 Pacific Avenue STE 207
Bremerton, WA 98337 Bremerton, WA 98337
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Chamber of Commerce)
Rev. 11/2021 Page 4 of 6
H. 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.
I. 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.
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. 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.
L. 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.
M. Assignment: Any assignment of this agreement by the Organization 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 may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Chamber of Commerce)
Rev. 11/2021 Page 5 of 6
CITY OF BREMERTON Bremerton Chamber of Commerce
By: Greg Wheeler By:
its: Mayor its:
Date:____________________ Date:____________________
Approved as to form: Attest:
________________________
City Attorney, Kylie Finnell City Clerk, Angela Hoover
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Chamber of Commerce)
Rev. 11/2021 Page 6 of 6
EXHIBIT A
Scope of Services
Operations and Marketing of Visit Bremerton! program and the Bremerton visitor center and the
operations and marketing of the May 2022 Armed Forces Day Parade.
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Historic Ships Association)
Rev. 11/2021 Page 1 of 6
TOURISM PROMOTION SERVICES AGREEMENT
BREMERTON HISTORIC SHIPS ASSOCIATION – TURNER JOY
The City of Bremerton (“City”) and Bremerton Historic Ships
Association_(“Organization”), referred to collectively as the “Parties,” enter into the following
Agreement for Tourism Promotion services:
I. Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2022, and shall continue in full force
and effect until December 31, 2022 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Forty Thousand dollars and zero cents
($40,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to
the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than
budgeted funding may be decreased.
A. Payment will be released when the following has been fulfilled:
I. The Organization shall submit monthly billing invoices, by the 15th of the month
following the end of the month or quarter in which services were performed, detailing
how activities and services performed by the Organization during the preceding month
have specifically promoted tourism in the City of Bremerton including measurable
results.
II. The Organization will provide proof of insurance, agree to the use of Automated
Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business
license.
B. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a
billing invoice does not conform to this Agreement, the City may withhold payment until the
invoice is brought into compliance. Sample of a conforming invoices and support is provided in
Exhibit B.
I. Such withholding does not relieve the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing
invoices by January 10th, 2023 after the expiration of this Agreement may result
in the forfeiture of remaining unbilled compensation.
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Historic Ships Association)
Rev. 11/2021 Page 2 of 6
C. The Organization 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.
IV. Relationship of Parties: The Organization 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. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City’s employees and other contractors. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance, an d unemployment
insurance are available from the City to the employees, agents, representatives, or sub-consultants
of the Organization. Organization will be solely and entirely responsible for its acts and for the
acts of the Organization'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 contractors to perform the same or similar work.
As an independent contractor, the Organization 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 Organization or its personnel.
As an independent contractor, Organization 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 Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
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.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $1,000,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $1,000,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City’s
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Historic Ships Association)
Rev. 11/2021 Page 3 of 6
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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 Organization'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.
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization 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 per Exhibit B. Organization shall maintain accounting
records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all
billed amounts.
B. Work Performed at Organization's Risk: Organization 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 Organization's own risk, and Organization 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.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. 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.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. 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.
Contracts Administrator Organization Address
City of Bremerton Bremerton Historic Ships Association
345 6th Street, Suite 100 300 Washington Beach Avenue
Bremerton, WA 98337 Bremerton, WA 98337
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Historic Ships Association)
Rev. 11/2021 Page 4 of 6
H. 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.
I. 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.
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. 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.
L. 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.
M. Assignment: Any assignment of this agreement by the Organization 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 may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Historic Ships Association)
Rev. 11/2021 Page 5 of 6
CITY OF BREMERTON Bremerton Historic Ships Association
By: Greg Wheeler By:
its: Mayor its:
Date:____________________ Date:____________________
Approved as to form: Attest:
________________________
City Attorney, Kylie Finnell City Clerk, Angela Hoover
Bremerton/Year (2022) Lodging Tax Awardee (Bremerton Historic Ships Association)
Rev. 11/2021 Page 6 of 6
EXHIBIT A
Scope of Services
Operations and Marketing of the Turner Joy and promoting the City of Bremerton via brochure
printing and distribution. The BHSA utilizes partnership programs with Puget Sound Attractions
Council and Visit Seattle to attract visitors to the Turner Joy. Additionally, Turner Joy
Marketing utilizing digital and television media to promote Bremerton as a tourist destination.
Bremerton/Year (2022) Lodging Tax Awardee(Washington State Science and Engineering Fair)
Rev. 11/2021 Page 1 of 6
TOURISM PROMOTION SERVICES AGREEMENT
2022 WASHINGTON STATE SCIENCE AND ENGINEERING FAIR - BREMERTON
The City of Bremerton (“City”) and Washington State Science and Engineering
Fair_(“Organization”), referred to collectively as the “Parties,” enter into the following Agreement
for Tourism Promotion services:
I. Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2022 and shall continue in full force
and effect until December 31, 2022 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Thirty-two Thousand dollars and zero cents
($32,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to
the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than
budgeted funding may be decreased.
A. Payment will be released when the following has been fulfilled:
I. The Organization shall submit monthly billing invoices, by the 15th of the month
following the end of the month or quarter in which services were performed, detailing
how activities and services performed by the Organization during the preceding month
have specifically promoted tourism in the City of Bremerton including measurable
results.
II. The Organization will provide proof of insurance, agree to the use of Automated
Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business
license.
B. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a
billing invoice does not conform to this Agreement, the City may withhold payment until the
invoice is brought into compliance. Sample of a conforming invoices and support is provided in
Exhibit B.
I. Such withholding does not relieve the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing
invoices by January 10th, 2023 after the expiration of this Agreement may result
in the forfeiture of remaining unbilled compensation.
Bremerton/Year (2022) Lodging Tax Awardee(Washington State Science and Engineering Fair)
Rev. 11/2021 Page 2 of 6
C. The Organization 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.
IV. Relationship of Parties: The Organization 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. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City’s employees and other contractors. 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 Organization. Organization will be solely and entirely responsible for its acts and for the
acts of the Organization'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 contractors to perform the same or similar work.
As an independent contractor, the Organization 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 Organization or its personnel.
As an independent contractor, Organization 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 Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the wo rk when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $1,000,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $1,000,000.00 per occurrence, for each event. The organization shall have an
affirmative obligation to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified
Bremerton/Year (2022) Lodging Tax Awardee(Washington State Science and Engineering Fair)
Rev. 11/2021 Page 3 of 6
mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite
100, 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 Organization's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation for claims arising out of any operations,
liabilities and obligations to which coverage applies.
VII. General Conditions:
A. Reports and Information: When requested by the City, Organization 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 per Exhibit B. Organization shall maintain accounting
records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all
billed amounts.
B. Work Performed at Organization's Risk: Organization 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 Organization's own risk, and Organization 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.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D. 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.
E. Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F. Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G. 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.
Contracts Administrator Organization Address
City of Bremerton Washington State Science and Engineering Fair
345 6th Street, Suite 100 PO Box 2412
Bremerton, WA 98337 Silverdale, WA 98383
Bremerton/Year (2022) Lodging Tax Awardee(Washington State Science and Engineering Fair)
Rev. 11/2021 Page 4 of 6
H. 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.
I. 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.
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. 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.
L. 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.
M. Assignment: Any assignment of this agreement by the Organization 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 may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
Bremerton/Year (2022) Lodging Tax Awardee(Washington State Science and Engineering Fair)
Rev. 11/2021 Page 5 of 6
CITY OF BREMERTON Washington State Science and Engineering Fair
By: Greg Wheeler By:
its: Mayor its:
Date:____________________ Date:____________________
Approved as to form: Attest:
________________________
City Attorney, Kylie Finnell City Clerk, Angela Hoover
Bremerton/Year (2022) Lodging Tax Awardee(Washington State Science and Engineering Fair)
Rev. 11/2021 Page 6 of 6
EXHIBIT A
Scope of Services
Operations and marketing of the Washington State Science and Engineering Fair promoting the
City of Bremerton as a tourist destination.
WSSEF utilizes:
Direct marketing to 2,369 schools; 1,037,018 students; 58,815 teachers; 6,472
homeschoolers across WA
Direct marketing ~25,000 printed postcards, posters, brochures and pamphlets and
marketing materials
Direct marketing using electronical brochures, pamphlets, articles, forms and promotional
marketing materials
Materials include the City of Bremerton logo, name as a Major Sponsor with contact and
web-link info
Maintaining a website linked to the City of Bremerton website, Facebook and other social
media
Sponsored local hotels and the City of Bremerton are directly web-linked from our
WSSEF website
Bremerton’s “Mayor Wheeler’s 2021 Challenge” is on Bremerton’s website and links to
the WSSEF website
Collaborating with numerous businesses, tourism events and lodging facilities in
promotion campaigns
Marketing and advertising a free science film festival throughout the State (i.e., public
libraries, etc.)
Maintain supporting the current five Regional Fairs funneling students to Bremerton
Developing new Regional Fairs to further grow tourism (WSSEF participants)
Promoting Bremerton to national professional groups and educational societies
The WSSEF in Bremerton is featured in multiple magazine and journal articles; we use
269 mass media outlets
Promotional videos on Facebook and Tweeted have gone global to 80+ countries
International media have published articles (translations required) about WSSEF students
at Bremerton
Our volunteers’ network across Washington State attending conventions, making
presentations, hosting how-to
seminars and a considerable number of other outreach venues – every effort includes
Bremerton
Displays throughout WA State. i.e., Pacific Science Center; Puyallup Fair; Spokane
Mobius Science Center
** In progress: new participation plan with an estimated increase of up to 1,000 student
(tourist) participants
** In progress: new print and online marketing “map” collaboratively showcasing
Bremerton tourism interests
Bremerton/Year (2022)Lodging Tax Awardee (Downtown Bremerton Association)
Rev. 11/2021 Page 1 of 6
TOURISM PROMOTION SERVICES AGREEMENT
DOWNTOWN BREMERTON ASSOCIATION – VISITOR CENTER
The City of Bremerton (“City”) and DOWNTOWN BREMERTON ASSOCIATION
(“Organization”), referred to collectively as the “Parties,” enter into the following Agreement for
Tourism Promotion services:
I. Scope: The Organization shall provide tourism promotion services for the City. Tourism
promotion shall mean activities and expenditures designed to increase tourism to the City.
Tourism promotion activities may include, but are not limited to, advertising, publicizing, or
otherwise distributing information for the purpose of attracting and welcoming tourists to the City.
The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth
its goals and objectives for successful tourism promotion. The event(s) promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2022 and shall continue in full force
and effect until December 31, 2022 unless terminated earlier pursuant to Section IX of this
Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement City
shall pay the Organization an amount not to exceed Thirty-Three Thousand dollars and zero cents
($33,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to
the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than
budgeted funding may be decreased.
A. Payment will be released when the following has been fulfilled:
I. The Organization shall submit monthly billing invoices, by the 15th of the month
following the end of the month or quarter in which services were performed, detailing
how activities and services performed by the Organization during the preceding month
have specifically promoted tourism in the City of Bremerton including measurable
results.
II. The Organization will provide proof of insurance, agree to the use of Automated
Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business
license.
B. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a
billing invoice does not conform to this Agreement, the City may withhold payment until the
invoice is brought into compliance. Sample of a conforming invoices and support is provided in
Exhibit B.
I. Such withholding does not relieve the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing
invoices by January 10th, 2023 after the expiration of this Agreement may result
in the forfeiture of remaining unbilled compensation.
Bremerton/Year (2022)Lodging Tax Awardee (Downtown Bremerton Association)
Rev. 11/2021 Page 2 of 6
C. The Organization 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.
IV. Relationship of Parties: The Organization 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. The Organization and its personnel are independent contractors and
not employees of the City. The Organization and its personnel have no authority to bind the City
or to control the City’s employees and other contractors. 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 Organization. Organization will be solely and entirely responsible for its acts and for the
acts of the Organization'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 contractors to perform the same or similar work.
As an independent contractor, the Organization 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 Organization or its personnel.
As an independent contractor, Organization 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 Organization.
V. Indemnification: Organization shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the wo rk when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Organization shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general liability
insurance coverage of at least $1,000,000.00 per occurrence. In the event Organization organizes,
promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages,
Organization shall also provide evidence that it has obtained products liability and liquor liability
insurance of at least $1,000,000.00 per occurrence, for each event. The City shall be named as
additional insured and it shall be an affirmative obligation upon Organization to advise the City’s
Bremerton/Year (2022)Lodging Tax Awardee (Downtown Bremerton Association)
Rev. 11/2021 Page 3 of 6
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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 Organization'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.
VII.General Conditions:
A. Reports and Information: When requested by the City, Organization 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 per Exhibit B. Organization shall maintain accounting
records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all
billed amounts.
B. Work Performed at Organization's Risk: Organization 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 Organization's own risk, and Organization 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.
C. Place of Work: The Organization shall perform the work authorized under this Agreement at
its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
D.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.
E.Severability: Should any part of this Agreement be found void, the balance of the Agreement
shall remain in full force and effect.
F.Modification: This Agreement may only be modified by written instrument signed by both
Parties.
G.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.
Contracts Administrator Organization Address
City of Bremerton Downtown Bremerton Association
345 6th Street, Suite 100 PO BOX 245
Bremerton, WA 98337 Bremerton, WA 98337
Bremerton/Year (2022)Lodging Tax Awardee (Downtown Bremerton Association)
Rev. 11/2021 Page 4 of 6
H. 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.
I. 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.
J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
K. 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.
L. 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.
M. Assignment: Any assignment of this agreement by the Organization 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 may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will
be entitled to reports showing the status of all services Organization is providing to the City as of
the effective date of termination.
XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
Bremerton/Year (2022)Lodging Tax Awardee (Downtown Bremerton Association)
Rev. 11/2021 Page 5 of 6
CITY OF BREMERTON DOWNTOWN BREMERTON ASSOCIATION
By: Greg Wheeler By:
its: Mayor its:
Date:____________________ Date:____________________
Approved as to form: Attest:
________________________
City Attorney, Kylie Finnell City Clerk, Angela Hoover
Bremerton/Year (2022)Lodging Tax Awardee (Downtown Bremerton Association)
Rev. 11/2021 Page 6 of 6
EXHIBIT A
Scope of Services
The Downtown Bremerton Association (DBA), in partnership with the Bremerton Chamber of
Commerce would like to operate the Bremerton Visitor Center and staff it with a Bremerton
Tourism Coordinator.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance amending Ordinance
No. 5408 establishing the City of
Bremerton’s Fiscal Year 2021 Budget as
amended by Ordinance No. 5424
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Finance
Presenter: Karen Wikle
Phone: (360) 473-5296
SUMMARY: This is a year-end housekeeping action.
The Bremerton City Council adopted the 2021 Annual City Budget by Ordinance 5408 on November
18, 2020, and later amended the budget by Ordinance 5424 on June 16, 2021. In preparation for
closing fiscal year 2021, it is necessary to do a final amendment to the budget to incorporate Council
actions and other unforeseen items that have arisen after the last amendment. This amendment is
necessary to provide adequate expenditure authority for various City funds and departments.
ATTACHMENTS:
• Ordinance No.____ amending the 2021 Fiscal Year Budget
• Exhibit A – 2021 All Funds Revenue & Expenditures
• Detailed supporting schedules by fund
FISCAL IMPACTS (Include Budgeted Amount): Overall 2021 budget will be $216,983,249
(inclusive of fund balances).
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No.____ of the City Council of the City of Bremerton, Washington,
amending Ordinance No. 5408 establishing the City of Bremerton’s Fiscal Year 2021 budget as
amended by Ordinance No. 5424.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A8
1 2021 Final Budget Amendment
ORDINANCE NO. _____ ____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No. 5408
establishing the City of Bremerton’s Fiscal Year 2021 budget as
amended by Ordinance No. 5424.
WHEREAS, the City Council passed the Fiscal Year 2021 City Budget Ordinance
No. 5408 on November 18, 2020; and
WHEREAS, the City Council subsequently amended the Fiscal Year 2021 City
Budget by Ordinance No. 5424 on June 16, 2021 to provide for certain programs and actions
taken up to that point requiring amendment to the 2021 budget; and
WHEREAS, the City Council has previously amended the budget by various
motions and resolutions subsequent to June 16, 2021 which require a formal amendment by
ordinance; and
WHEREAS, several City Departments and Funds are experiencing or anticipate
additional expenses due to factors such as costs related to provision of contracted services,
changed allocations of staff time; and
WHEREAS, several City Departments and Funds require adjustment to revenues
to reflect activity in 2021 or timing changes from that which was anticipated in the 2021 budget;
and
WHEREAS, certain reclassifications of revenues and expenditures are required to
properly reflect budget categories in a manner consistent with actuals in accordance with BMC
3.0.010; and
WHEREAS, each of these actions has an impact on the City of Bremerton’s FY
2020 Annual Budget resulting in the need to amend this Budget document; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 5408 establishing the City of Bremerton’s 2021
Budget as amended by Ordinance No. 5424 is hereby amended as follows:
1) regular revenues and unencumbered fund balances of $216,983,249, the
total for each fund as set forth in Exhibit A, attached hereto and incorporated herein by this
reference, and
2) in accordance with BMC 3.02.010, expenditures and ending fund balances
of $216,983,249 as set forth in Exhibit A
SECTION 2. The totals for the funds noted in Exhibit A are hereby appropriated
for the fiscal year 2021.
2 2021 Final Budget Amendment
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 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. ______
BEG LIC.INTER-CHARGES FINES 2021
FUND AND GOV'T FOR AND OTHER TOTAL
FUND BAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
General Fund
General Government:
City Council 0 0 0 155,561 0 0 155,561
Executive 0 0 0 132,319 0 0 132,319
Financial Services 0 0 0 806,344 0 0 806,344
Legal 0 0 0 616,530 0 0 616,530
Human Resources 0 0 35,272 287,803 0 0 323,075
Community Development 2,935,000 1,285,750 9,400 694,000 50,000 0 4,974,150
Municipal Court 0 0 20,500 210,800 209,400 10,400 451,100
City Auditor 0 0 0 36,291 0 0 36,291
Law Enforcement 0 7,000 367,826 143,600 1,500 500 520,426
Fire/Emergency Medical 2,086,406 1,200 841,104 650,200 3,000 0 3,581,910
Police & Fire Pension 0 0 76,236 0 0 0 76,236
General Facilities 0 0 0 180,019 0 596,600 776,619
Parks 0 0 0 125,500 0 52,000 177,500
Engineering 0 64,000 0 2,183,027 0 0 2,247,027
Non-Departmental 28,511,788 30,600 5,444,559 104,371 732,000 198,000 35,021,318
Beginning Fund Balance 15,067,208 67,900 156,825 15,291,933
Total General Fund 15,067,208 33,533,194 1,388,550 6,862,797 6,326,365 995,900 1,014,325 65,188,339
Special Revenue Funds:
Street 892,182 800,000 0 837,923 115,000 0 756,500 3,401,605
Contingency Reserve 1,518,452 0 0 0 0 0 144,800 1,663,252
Lodging Tax 309,375 470,000 0 0 0 0 4,000 783,375
Parking System 883,974 0 0 0 0 355,500 1,294,831 2,534,305
Comm. Dev. Block Grant 54,640 0 0 1,030,750 25,500 0 80,500 1,191,390
Abatement Revolving Fund 339,712 0 0 0 0 25,000 500 365,212
Police Special Projects 415,736 0 0 0 0 5,000 3,500 424,236
Public Access Television 723,147 0 274,000 0 125,607 0 47,000 1,169,754
Gift & Donations Fund 89,536 0 0 0 0 0 2,100 91,636
Trial Improvement 98,739 0 0 18,000 0 0 600 117,339
One Percent for Arts 12,820 0 0 0 0 0 1,700 14,520
Conference Center Oper (124,448)0 0 435,000 1,023,438 0 356,000 1,689,990
Total Spec. Rev. Funds 5,213,866 1,270,000 274,000 2,321,673 1,289,545 385,500 2,692,031 13,446,615
Debt Service Fund:
2010 UTGO (40,176) 900,000 0 0 0 0 1,000 860,824
Government Center LTGO 86,006 0 0 0 0 0 331,000 417,006
2015 Public Safety Bond 85,830 550,000 0 0 0 0 750 636,580
2019 Refunding LTGO 225,736 330,000 0 3,000 0 0 147,600 706,336
Total Debt Service Fund 357,396 1,780,000 0 3,000 0 0 480,350 2,620,746
Capital Improvement Funds:
General Govt Capital Improv. 3,408,575 1,650,000 0 0 0 0 40,000 5,098,575
Park Facilities Construction 301,520 0 0 1,014,400 0 0 258,150 1,574,070
Residential Street & Sidewalk Fund 2,568,216 1,091,301 125,000 10,000 0 0 115,000 3,909,517
Transportation Projects Fund 1,080,971 491,301 0 8,671,972 0 0 3,696,633 13,940,877
Fire Public Safety Capital 915,241 0 0 0 0 0 0 915,241
Affordable Housing Capital Fund 3,098 0 0 0 0 0 100,000 103,098
Total Capital Improv. Funds 8,277,621 3,232,602 125,000 9,696,372 0 0 4,209,783 25,541,378
Total General Gov't Funds 28,916,091 39,815,796 1,787,550 18,883,842 7,615,910 1,381,400 8,396,489 106,797,078
2021 REVENUE - ALL FUNDS
BEG LIC.INTER-CHARGES FINES 2021
FUND AND GOV'T FOR AND OTHER TOTAL
FUND BAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
2021 REVENUE - ALL FUNDS
Enterprise Funds:
Water Utility 4,609,601 0 0 0 14,945,857 20,000 533,000 20,108,458
Water Capital 11,345,123 0 0 0 0 0 3,605,600 14,950,723
Wastewater Utility 3,808,456 102,000 0 0 16,394,038 18,000 23,000 20,345,494
Wastewater Capital 3,374,292 0 0 0 0 0 9,996,019 13,370,311
Stormwater Utility 1,238,630 0 0 0 4,905,506 7,000 82,500 6,233,636
Stormwater Capital 5,671,750 0 0 0 0 0 4,062,929 9,734,679
Utility Debt Reserve 1,719,347 0 0 0 0 0 22,000 1,741,347
Gold Mountain Golf Complex 610,524 0 0 0 5,234,564 0 24,271 5,869,359
Total Enterprise Funds 32,377,724 102,000 0 0 41,479,965 45,000 18,349,319 92,354,008
Internal Service Funds:
Risk Management 2,732,927 0 0 0 0 0 2,207,829 4,940,756
Employment Security 187,368 0 0 0 0 0 4,000 191,368
Accumulated Leave Liability 449,606 0 0 0 0 0 582,500 1,032,106
ER&R Operations & Maint. 111,511 0 0 0 1,788,869 0 4,350 1,904,730
ER&R Equipment Reserve 4,641,715 0 0 0 0 0 2,171,933 6,813,648
Information Services 1,183,557 0 0 0 1,766,000 0 0 2,949,557
Total Internal Service Funds 9,306,683 0 0 0 3,554,869 0 4,970,612 17,832,164
Total Business Type Funds 41,684,406 102,000 0 0 45,034,834 45,000 23,319,931 110,186,171
Total All Funds 70,600,497 39,917,796 1,787,550 18,883,842 52,650,744 1,426,400 31,716,420 216,983,249
Beginning Fund
Balance
$70,600,497
32%
Taxes
$39,917,796
18%
Licenses & Permits
$1,787,550
1%
Intergovernmental
$18,883,842
9%
Charges for Service
$52,650,744
24%
Fines & Forfeits
$1,426,400
1%Other Revenue
$31,716,420
15%
Revenue Sources - All Funds
1/0/1900
2021
SUPPLIES &DEBT CAPITAL ENDING TOTAL
FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL.BUDGET
General Fund
General Government:
City Council 345,200 63,365 0 0 0 408,565
Executive 273,500 74,022 0 0 0 347,522
Financial Services 1,259,300 358,603 0 0 0 1,617,903
Legal Department 1,577,250 245,915 0 0 0 1,823,165
Human Resources 502,500 288,657 0 0 0 791,157
Community Development 1,902,700 941,680 0 0 75,000 2,919,380
Municipal Court 983,000 544,581 0 0 0 1,527,581
City Auditor 108,294 6,915 0 0 0 115,209
Law Enforcement 11,087,925 1,951,857 0 0 0 13,039,782
Fire/Emergency Medical 10,718,900 1,802,511 0 0 0 12,521,411
Police & Fire Pension 1,479,400 407,000 0 0 0 1,886,400
General Facilities 537,000 887,975 0 540,000 0 1,964,975
General Parks 2,227,800 833,784 0 13,550 132,700 3,207,834
Engineering 2,739,900 351,752 0 0 0 3,091,652
Non-Departmental 8,200 8,492,563 0 0 1,150,800 9,651,563
Ending Fund Balance 10,274,240 10,274,240
Total General Fund 35,750,869 17,251,180 0 553,550 1,358,500 10,274,240 65,188,339
Special Revenue Funds:
Street 1,077,951 1,808,413 0 17,110 0 498,131 3,401,605
Contingency Reserve 0 0 0 0 1,663,252 1,663,252
Lodging Tax 0 350,000 0 0 250,000 183,375 783,375
Parking System 0 1,130,771 542,708 0 70,000 790,826 2,534,305
Comm. Dev. Block Grant 153,200 907,995 0 0 75,550 54,645 1,191,390
Abatement Revolving Fund 0 241,100 0 0 0 124,112 365,212
Police Special Projects 0 203,868 0 0 0 220,368 424,236
Public Access Television 410,200 83,875 0 30,000 0 645,679 1,169,754
Gift & Donations Fund 0 17,000 0 0 0 74,636 91,636
Trial Improvement 0 27,500 0 0 0 89,839 117,339
One Percent for Arts 0 9,000 0 0 0 5,520 14,520
Conference Center Oper 0 1,227,104 32,168 0 0 430,718 1,689,990
Total Spec. Rev. Funds 1,641,351 6,006,626 574,876 47,110 395,550 4,781,102 13,446,615
Debt Service Fund:
2010 UTGO 0 0 856,088 0 0 4,736 860,824
Government Center LTGO 0 0 331,113 0 0 85,893 417,006
2015 Public Safety Bond 0 0 500,550 0 0 136,030 636,580
2019 Refunding LTGO 0 0 531,064 0 0 175,272 706,336
Total Debt Service Fund 0 0 2,218,815 0 0 401,931 2,620,746
Capital Improvement Funds:
General Govt Capital Improv.0 0 0 0 2,142,544 2,956,031 5,098,575
Park Facilities Construction 0 0 0 1,304,150 0 269,920 1,574,070
Residential Street & Sidewalk Fund 238,200 824,228 0 376,000 2,471,089 (0) 3,909,517
Transportation Projects Fund 0 1,160,000 0 10,259,548 146,000 2,375,329 13,940,877
Fire Public Safety Capital 0 442,163 0 472,078 1,000 (0) 915,241
Affordable Housing Capital Fund 0 100,000 0 0 0 3,098 103,098
Total Capital Improv. Funds 238,200 2,526,391 0 12,411,776 4,760,633 5,604,378 25,541,378
Total General Gov't Funds 37,630,420 25,784,197 2,793,691 13,012,436 6,514,683 21,061,651 106,797,078
2021 EXPENDITURES - ALL FUNDS
1/0/1900
2021
SUPPLIES &DEBT CAPITAL ENDING TOTAL
FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL.BUDGET
2021 EXPENDITURES - ALL FUNDS
Enterprise Funds:
Water Utility 5,008,150 7,688,526 923,346 0 2,585,500 3,902,936 20,108,458
Water Capital 0 135,000 0 6,972,085 0 7,843,638 14,950,723
Wastewater Utility 3,526,350 9,007,961 2,094,871 0 2,775,500 2,940,812 20,345,494
Wastewater Capital 0 450,000 0 10,591,865 0 2,328,446 13,370,311
Stormwater Utility 1,572,400 2,605,624 223,655 0 780,500 1,051,457 6,233,636
Stormwater Capital 0 200,000 0 5,217,195 0 4,317,484 9,734,679
Utility Debt Reserve 0 0 0 0 0 1,741,347 1,741,347
Gold Mountain Golf Complex 0 4,719,240 432,195 0 0 717,924 5,869,359
Total Enterprise Funds 10,106,900 24,806,351 3,674,067 22,781,145 6,141,500 24,844,045 92,354,008
Internal Service Funds:
Risk Management 565,000 2,082,829 0 0 0 2,292,927 4,940,756
Employment Security 80,000 0 0 0 0 111,368 191,368
Accumulated Leave Liability 588,700 0 0 0 0 443,406 1,032,106
ER&R Operations & Maint 578,900 1,211,469 0 0 0 114,361 1,904,730
ER&R Equipment Reserves 0 688,613 0 1,163,095 0 4,961,940 6,813,648
Information Services 918,600 871,596 0 0 0 1,159,361 2,949,557
Total Internal Service Funds 2,731,200 4,854,507 0 1,163,095 0 9,083,362 17,832,164
Total Business Type Funds 12,838,100 29,660,858 3,674,067 23,944,240 6,141,500 33,927,406 110,186,171
Total All Funds 50,468,520 55,445,055 6,467,758 36,956,676 12,656,183 54,989,057 216,983,249
Personnel
$50,468,520
23%Supplies & Services
$55,445,055
26%
Debt Service
$6,467,758
3%
Capital Outlay
$36,956,676
17%
Transfers
$12,656,183
6%
Ending Fund
Balance
$54,989,057
25%
Expenditures - All Funds
CITY OF BREMERTON
2021 SUMMARY NET ADJUSTMENTS
ALL FUNDS
For the Year Ended December 31, 2021
2021 Amended Budget Amended
as Adopted by 2021
Fund No.Ord No. 5424 Net Adjustments Budget
001 General Fund
City Council 408,565$ -$ 408,565$
Executive 347,522 - 347,522
Financial Services 1,617,903 - 1,617,903
Legal 1,752,515 - 1,752,515
Human Resources 755,885 35,272 791,157
Community Development 2,919,380 - 2,919,380
Municipal Court 1,527,581 - 1,527,581
City Auditor 95,315 19,894 115,209
Law Enforcement 12,848,782 191,000 13,039,782
Fire/Emergency Services 12,521,411 - 12,521,411
Police/Fire Pension 1,886,400 - 1,886,400
General Facilities 1,964,975 - 1,964,975
Parks & Recreation 3,207,834 - 3,207,834
Engineering 3,162,302 - 3,162,302
Non-Department 5,117,634 4,533,929 9,651,563
Ending Fund Balance 10,248,153 26,087 10,274,240
Total General Fund 60,382,157$ 4,806,182$ 65,188,339$
102 Street 3,401,605 - 3,401,605
103 Contingency Reserve 1,663,252 - 1,663,252
104 Lodging Tax 783,374 1 783,375
105 Parking System 2,534,305 - 2,534,305
106 Community Dev. Block Grant 1,084,658 106,732 1,191,390
108 Abatement Revolving 365,210 2 365,212
110 Police Special Projects 424,236 - 424,236
113 Public Access Television 1,169,755 (1) 1,169,754
114 Gift & Donation Fund 91,636 - 91,636
116 Trial Improvement 117,339 - 117,339
117 One Percent For Arts 14,520 - 14,520
120 Conference Center Operating 1,519,878 170,112 1,689,990
203 2010 LTGO - - -
204 2010 UTGO/LTGO (B)860,824 - 860,824
205 Government Center LTGO 417,007 (1) 417,006
206 2015 Public Safety Bond 636,580 - 636,580
207 2019 Refunding LTGO 706,336 706,336
308 General Gov't Capital Improvement 5,098,575 - 5,098,575
310 Park Facilities Construction 1,574,070 - 1,574,070
314 Residential Street Capital 3,909,517 - 3,909,517
315 Transportation Capital Projects 11,814,773 2,126,104 13,940,877
316 Fire Public Safety 915,241 - 915,241
331 Lower Wheaton Way 103,098 - 103,098
401 Water Utility 19,953,766 154,692 20,108,458
404 Water Capital 14,950,723 - 14,950,723
407 Golf Mountain Golf 5,699,359 170,000 5,869,359
451 Wastewater Utility 20,345,494 - 20,345,494
454 Wastewater Capital 13,370,311 - 13,370,311
481 Stormwater Utility 6,233,636 - 6,233,636
484 Stormwater Capital 9,734,679 - 9,734,679
499 Utility Debt Reserve 1,741,347 - 1,741,347
503 Risk Management 4,940,756 - 4,940,756
506 Employment Security 191,368 - 191,368
507 Accumulated Leave Liability 1,032,106 - 1,032,106
509 ER&R - Operations & Maintenance 1,904,730 - 1,904,730
510 ER&R - Reserves 6,813,648 - 6,813,648
511 Information Services 2,949,557 - 2,949,557
Total All funds 209,449,428$ 7,533,821$ 216,983,249$
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $10,241,852 $10,241,852 $-
Retail Sales 9,300,000 9,300,000 -
Other 13,991,342 13,991,342 -
Licenses and Permits 1,388,550 1,388,550 -
Intergovernmental 2,047,096 6,862,797 4,815,701
Charges for Services 6,326,365 6,326,365 -
Fines and Forfeitures 995,900 995,900 -
Miscellaneous 316,500 316,500 -
Transfers In & Other Financing 697,825 697,825 -
Total Revenues 45,305,430 50,121,131 4,815,701
EXPENDITURES
Personnel Expenses 35,649,975 35,669,869 19,894
Supplies, Services, and Taxes 12,585,529 17,332,180 4,746,651
Capital Expenditures 540,000 553,550 13,550
Debt Service - - -
Transfers Out 1,358,500 1,358,500 -
Total Expenditures 50,134,004 54,914,099 4,780,095
CHANGES IN FUND BALANCE
Net change in fund balances (4,828,574) (4,792,968) 35,606
Fund Balances-beginning 15,076,727 15,067,208 (9,519)
Fund Balances-ending $10,248,153 $10,274,240 $26,087
GENERAL FUND EXPENDITURES BY DEPARTMENT
City Council $408,565 408,565 $-
Executive 347,522 347,522 -
Financial Services 1,617,903 1,617,903 -
Legal Department 1,752,515 1,752,515 -
Human Resources 755,885 791,157 35,272
Community Development 2,919,380 2,919,380 -
Municipal Court 1,527,581 1,527,581 -
City Auditor 95,315 115,209 19,894
Police Department 12,848,782 13,039,782 191,000
Fire Department 12,521,411 12,521,411 -
Police & Fire Pension 1,886,400 1,886,400 -
General Facilities 1,964,975 1,964,975 -
Parks & Recreation 3,207,834 3,207,834 -
Engineering 3,162,302 3,162,302 -
Non-Departmental 5,117,634 9,651,563 4,533,929
Total Expenditures $50,134,004 $54,914,099 $4,780,095
Per the City's Financial Goals and Policies, the target ending fund balance is 8.5% of annual expenditures excluding capital. The
target fund balance for the 2021 budget, as amended, is $4,620,646. The actual ending fund balance after the proposed
amendments is $10,274,240, which is higher than the target amount by $5,653,593. The 2021 budget as proposed, includes an
ending fund balance which exceeds the target, and is increased from the previously adopted budget by $26,087. The financial
planning goal is to maintain an ending fund balance recommended by the Government Finance Officers Association (GFOA) of
16.67%, or $9,061,904. The proposed budget with amendments, exceeds this recommendation by $1,212,336.
FUND 001
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
For the Year Ended December 31, 2021
Budget Adjustments:
Expenditure - Increase Personnel in Auditor for FTE increase .40 to .60 (19,894)
Expenditure - Increase Personnel in Police for Collective Bargaining Agreement (191,000)
Expenditure - Decrease Personnel in Non-departmental for Police Agreement Set-Aside 191,000
Revenue - Increase Intergovernmental in Human Resource for APRA funding 35,272
Expenditure - Increase Supplies & Services in Human Resources for ARPA funding (35,272)
Revenue - Increase Intergovernmental in Police for APRA funding 175,000
Revenue - Increase Intergovernmental in Non-departmental for APRA funds received 5,250,701
Expenditure - Increase Supplies in non-departmental for ARPA Funding (5,250,701)
Revenue - Decrease Intergovernmental in Non-departmental for APRA funding (645,272)
Expenditure - Decrease Supplies in non-departmental for ARPA funding Departmental allocations 645,272
Expenditure - Increase Services in Non-Dept for Gorst Coalition contribution (20,000)
Expenditure - Increase Supplies in Non-Dept for increased costs for online merchant fees (99,500)
Expenditure - Technical correction in Supplies to Capital for Parks -
Net adjustment to ending fund balance required $35,606
Items Previously Approved by Council or Finance Committee
New Items Not Previously Approved by Council
FUND 001
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
STREET FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other 800,000 800,000 -
Licenses and Permits - - -
Intergovernmental (fuel tax)837,923 837,923 -
Charges for Services 115,000 115,000 -
Fines and Forfeitures - - -
Miscellaneous 14,000 14,000 -
Transfers in & Other Revenue 742,500 742,500 -
Total Revenues 2,509,423 2,509,423 -
EXPENDITURES
Personnel Expenses 1,077,951 1,077,951 -
Supplies, Services, and Taxes 1,825,523 1,808,413 (17,110)
Capital Expenditures - 17,110 17,110
Debt Service - - -
Transfers Out - - -
Total Expenditures 2,903,474 2,903,474 -
CHANGES IN FUND BALANCE
Net change in fund balances (394,051) (394,051) -
Fund Balances-beginning 892,182 892,182 -
Fund Balances-ending $498,131 $498,131 $-
Budget Adjustments:
Expenditure - Technical correction in Supplies to Capital for Sign Machine -
Net adjustment to ending fund balance required $-
New Items Not Previously Approved by Council
Items Previously Approved by Council
FUND 102
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
CONTINGENCY RESERVE FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 15,000 15,000 -
Transfers-in & Other Revenue 129,800 129,800 -
Total Revenues 144,800 144,800 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures - - -
CHANGES IN FUND BALANCE
Net change in fund balances 144,800 144,800 -
Fund Balances-beginning 1,518,452 1,518,452 -
Fund Balances-ending $1,663,252 $1,663,252 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 103
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
LODGING TAX FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other (hotel/motel tax)470,000 470,000 -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 4,000 4,000 -
Transfers in - - -
Total Revenues 474,000 474,000 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 350,000 350,000 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out 250,000 250,000 -
Total Expenditures 600,000 600,000 -
CHANGES IN FUND BALANCE
Net change in fund balances (126,000) (126,000) -
Fund Balances-beginning 309,374 309,375 1
Fund Balances-ending $183,374 $183,375 $1
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 104
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PARKING SYSTEM FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures 355,500 355,500 -
Miscellaneous 1,294,831 1,294,831 -
Transfers in & Other Revenue - - -
Total Revenues 1,650,331 1,650,331 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 1,130,771 1,130,771 -
Capital Expenditures - - -
Debt Service 542,708 542,708 -
Transfers Out 70,000 70,000 -
Total Expenditures 1,743,479 1,743,479 -
CHANGES IN FUND BALANCE
Net change in fund balances (93,148) (93,148) -
Fund Balances-beginning 883,974 883,974 -
Fund Balances-ending $790,826 $790,826 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
New Items Not Previously Approved by Council
New Items Previously Approved by Council
FUND 105
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
COMMUNITY DEVELOPMENT BLOCK GRANT
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental 841,000 1,030,750 189,750
Charges for Services 25,500 25,500 -
Fines and Forfeitures - - -
Miscellaneous 5,500 5,500 -
Transfers in 75,000 75,000 -
Total Revenues 947,000 1,136,750 189,750
EXPENDITURES
Personnel Expenses 153,200 153,200 -
Supplies, Services, and Taxes 718,245 907,995 189,750
Capital Expenditures - - -
Debt Service - - -
Transfers Out 75,550 75,550 -
Total Expenditures 946,995 1,136,745 189,750
CHANGES IN FUND BALANCE
Net change in fund balances 5 5 -
Fund Balances-beginning 137,658 54,640 (83,018)
Fund Balances-ending $137,663 $54,645 $(83,018)
Budget Adjustments:
Expenditure - Increase Supplies & Services for BHA HUD COVID CARES Rental Assistance (189,750)
Revenue - Increase Intergovernmental for HUD COVID CARES 189,750
Net adjustment required to the ending fund balance $-
Items Previously Approved by Council
Items Not Previously Approved by Council
FUND 106
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ABATEMENT REVOLVING FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures 25,000 25,000 -
Miscellaneous 500 500 -
Transfers in - - -
Total Revenues 25,500 25,500 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 241,100 241,100 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 241,100 241,100 -
CHANGES IN FUND BALANCE
Net change in fund balances (215,600) (215,600) -
Fund Balances-beginning 339,710 339,712 2
Fund Balances-ending $124,110 $124,112 $2
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 108
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
POLICE SPECIAL PROJECTS FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures 5,000 5,000 -
Miscellaneous 3,500 3,500 -
Transfers in - - -
Total Revenues 8,500 8,500 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 203,868 203,868 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out -
Total Expenditures 203,868 203,868 -
CHANGES IN FUND BALANCE
Net change in fund balances (195,368) (195,368) -
Fund Balances-beginning 415,736 415,736 -
Fund Balances-ending $220,368 $220,368 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
New Items Not Previously Approved by Council
FUND 110
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PUBLIC ACCESS TELEVISION OPERATIONS FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other (city PEG fees)- - -
Licenses and Permits 274,000 274,000 -
Intergovernmental - - -
Charges for Services 125,607 125,607 -
Fines and Forfeitures - - -
Miscellaneous 47,000 47,000 -
Transfers in & Other - - -
Total Revenues 446,607 446,607 -
EXPENDITURES
Personnel Expenses 410,200 410,200 -
Supplies, Services, and Taxes 53,875 83,875 30,000
Capital Expenditures 30,000 30,000 -
Debt Service - - -
Transfers Out - - -
Total Expenditures 494,075 524,075 30,000
CHANGES IN FUND BALANCE
Net change in fund balances (47,468) (77,468) (30,000)
Fund Balances-beginning 723,148 723,147 (1)
Fund Balances-ending $675,680 $645,679 $(30,001)
Budget Adjustments:
Expenditure - Increase Supplies & Services, Professional Srvs Agreement (30,000)
.
Net adjustment to ending fund balance required $(30,000)
Items Previously Approved by Council
Items Not Previously Approved by Council
FUND 113
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GIFT AND DONATION FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 2,100 2,100 -
Transfers in - - -
Total Revenues 2,100 2,100 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 17,000 17,000 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 17,000 17,000 -
CHANGES IN FUND BALANCE
Net change in fund balances (14,900) (14,900) -
Fund Balances-beginning 89,536 89,536 -
Fund Balances-ending $74,636 $74,636 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 114
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
TRIAL IMPROVEMENT FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental 18,000 18,000 -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 600 600 -
Transfers in - - -
Total Revenues 18,600 18,600 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 27,500 27,500 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 27,500 27,500 -
CHANGES IN FUND BALANCE
Net change in working capital (8,900) (8,900) -
Fund Balances-beginning 98,739 98,739 -
Fund Balances-ending $89,839 $89,839 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Not Previously Approved by Council
Items Previously Approved by Council
FUND 116
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ONE PERCENT FOR ARTS FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 1,700 1,700 -
Transfers in - - -
Total Revenues 1,700 1,700 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 9,000 9,000 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 9,000 9,000 -
CHANGES IN FUND BALANCE
Net change in working capital (7,300) (7,300) -
Fund Balances-beginning 12,820 12,820 -
Fund Balances-ending $5,520 $5,520 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 117
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER OPERATIONS
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - 435,000 435,000
Charges for Services 1,023,438 1,023,438 -
Fines and Forfeitures - - -
Miscellaneous 2,500 2,500 -
Transfers In & Other Revenue 353,500 353,500 -
Total Revenues 1,379,438 1,814,438 435,000
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 1,227,104 1,227,104 -
Capital Expenditures - - -
Debt Service 4,390 4,390 -
Transfers Out 27,778 27,778 -
Total Expenditures 1,259,272 1,259,272 -
CHANGES IN FUND BALANCE
Net change in fund balances 120,166 555,166 435,000
Fund Balances-beginning 140,440 (124,448) (264,888)
Fund Balances-ending $260,606 $430,718 $170,112
Budget Adjustments:
Revenue - Increase Intergovernmental for APRA funding 435,000
Net adjustment required to the ending fund balance $435,000
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 120
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
2010 UTGO/LTGO (B)
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $900,000 $900,000 $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 1,000 1,000 -
Transfers in - - -
Total Revenues 901,000 901,000 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service 856,088 856,088 -
Transfers Out - - -
Total Expenditures 856,088 856,088 -
CHANGES IN FUND BALANCE
Net change in fund balances 44,912 44,912 -
Fund Balances-beginning (40,176) (40,176) -
Fund Balances-ending $4,736 $4,736 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 204
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GOVERNMENT CENTER LTGO
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 1,000 1,000 -
Transfers in & Other Revenue 330,000 330,000 -
Total Revenues 331,000 331,000 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service 331,113 331,113 -
Transfers Out - - -
Total Expenditures 331,113 331,113 -
CHANGES IN FUND BALANCE
Net change in fund balances (113) (113) -
Fund Balances-beginning 86,007 86,006 (1)
Fund Balances-ending $85,894 $85,893 $(1)
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 205
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
2015 PUBLIC SAFETY BOND FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $ 550,000 $ 550,000 $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 750 750 -
Transfers in & Other Revenue - - -
Total Revenues 550,750 550,750 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service 500,550 500,550 -
Transfers Out - - -
Total Expenditures 500,550 500,550 -
CHANGES IN FUND BALANCE
Net change in fund balances 50,200 50,200 -
Fund Balances-beginning 85,830 85,830 -
Fund Balances-ending $136,030 $136,030 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 206
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
2019 REFUNDING LTGO
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $ - $ - $ -
Sales 330,000 330,000 -
Other - - -
Licenses and Permits - - -
Intergovernmental 3,000 3,000 -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 2,600 2,600 -
Transfers in & Other Revenue 145,000 145,000 -
Total Revenues 480,600 480,600 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service 530,844 531,064 220
Transfers Out - - -
Total Expenditures 530,844 531,064 220
CHANGES IN FUND BALANCE
Net change in fund balances (50,244) (50,464) (220)
Fund Balances-beginning 225,736 225,736 0
Fund Balances-ending $175,492 $175,272 $(220)
Budget Adjustments:
Expenditure - Increase Debt Service for interest (220)
Net adjustment to ending fund balance required $(220)
New Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 207
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other (Real Estate Excise Taxes)1,650,000 1,650,000 -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 40,000 40,000 -
Transfers in & Other Revenue - - -
Total Revenues 1,690,000 1,690,000 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service - - -
Transfers Out 2,142,544 2,142,544 -
Total Expenditures 2,142,544 2,142,544 -
CHANGES IN FUND BALANCE
Net change in fund balances (452,544) (452,544) -
Fund Balances-beginning 3,408,575 3,408,575 -
Fund Balances-ending $2,956,031 $2,956,031 $-
Budget Adjustments:
Net adjustment required to the ending fund balance $-
Items Previously Approved by Council
Items Previously Approved by Council
FUND 308
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PARK FACILITIES CONSTRUCTION FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental 1,014,400 1,014,400 -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 49,900 49,900 -
Transfers in & Other Revenue 208,250 208,250 -
Total Revenues 1,272,550 1,272,550 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures 1,304,150 1,304,150 -
Debt Service - - -
Transfers Out - - -
Total Expenditures 1,304,150 1,304,150 -
CHANGES IN FUND BALANCE
Net change in fund balances (31,600) (31,600) -
Fund Balances-beginning 301,520 301,520 -
Fund Balances-ending $269,920 $269,920 $-
Budget Adjustments:
Net adjustment required to the ending fund balance $-
Items Previously Approved by Council
Items Not Previously Approved by Council
FUND 310
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENTIAL STREET CAPITAL
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $ - $ - $ -
Sales - - -
Other 1,091,301 1,091,301 -
Licenses and Permits 125,000 125,000 -
Intergovernmental 10,000 10,000 -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 15,000 15,000 -
Transfers in 100,000 100,000 -
Total Revenues 1,341,301 1,341,301 -
EXPENDITURES
Personnel Expenses 238,200 238,200 -
Supplies, Services, and Taxes 824,228 824,228 -
Capital Expenditures 376,000 376,000 -
Debt Service - - -
Transfers Out - 2,471,089 2,471,089
Total Expenditures 1,438,428 3,909,517 2,471,089
CHANGES IN FUND BALANCE
Net change in fund balances (97,127) (2,568,216) (2,471,089)
Fund Balances-beginning 2,568,216 2,568,216 -
Fund Balances-ending $ 2,471,089 $ (0) $ (2,471,089)
Budget Adjustments:
Expenditure - Increase Transfer Out for closing of fund to Transportation (2,471,089)
Net adjustment to ending fund balance required $ (2,471,089)
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 314
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
TRANSPORTATION CAPITAL PROJECTS
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $ - $ - $ -
Sales - - -
Other 491,301 491,301 -
Licenses and Permits - - -
Intergovernmental 8,655,972 8,655,972 -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 145,000 145,000 -
Transfers in 1,096,544 3,567,633 2,471,089
Total Revenues 10,388,817 12,859,906 2,471,089
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 1,160,000 1,160,000 -
Capital Expenditures 9,683,548 10,259,548 576,000
Debt Service - - -
Transfers Out - 146,000 146,000
Total Expenditures 10,843,548 11,565,548 722,000
CHANGES IN FUND BALANCE
Net change in fund balances (454,731) 1,294,358 1,749,089
Fund Balances-beginning 1,425,956 1,080,971 (344,985)
Fund Balances-ending $ 971,225 $ 2,375,329 $ 1,404,104
Budget Adjustments:
Expenditure - Increase Capital Outlay, Kitsap Way/Warren Ave Safety Project (336,000)
Expenditure - Increase Capital Outlay, Kitsap Lake Elem Safety Project (240,000)
Revenue - Increase Transfer In from Residential Streets Fund closing 2,471,089
Expenditure - Increase Transfer Out for Street Fund for Residential Street Support staff (146,000)
Net adjustment required to the ending fund balance $ 1,749,089
Items Previously Approved by Council
Items Not Previously Approved by Council
FUND 315
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
FIRE PUBLIC SAFETY CAPITAL
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous - - -
Transfers in & Other Revenue - - -
Total Revenues - - -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 442,163 442,163 -
Capital Expenditures 472,078 472,078 -
Debt Service - - -
Transfers Out 1,000 1,000 -
Total Expenditures 915,241 915,241 -
CHANGES IN FUND BALANCE
Net change in fund balances (915,241) (915,241) -
Fund Balances-beginning 915,241 915,241 -
Fund Balances-ending $(0) $(0) $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
New Items Not Previously Approved by Council
Items Previously Approved by Council
FUND 316
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
AFFORDABLE HOUSING CAPITAL FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous - - -
Transfers in 100,000 100,000 -
Total Revenues 100,000 100,000 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 100,000 100,000 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 100,000 100,000 -
CHANGES IN FUND BALANCE
Net change in working capital - - -
Fund Balances-beginning working capital 3,098 3,098 -
Fund Balances-ending working capital $3,098 $3,098 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 318
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
WATER UTILITY
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services 14,945,857 14,945,857 -
Fines and Forfeitures 20,000 20,000 -
Miscellaneous 533,000 533,000 -
Transfers in & Other Revenue - - -
Total Revenues 15,498,857 15,498,857 -
EXPENDITURES
Personnel Expenses 5,008,150 5,008,150 -
Supplies, Services, and Taxes 7,580,526 7,688,526 108,000
Capital Expenditures - - -
Debt Service 923,346 923,346 -
Transfers Out 2,585,500 2,585,500 -
Total Expenditures 16,097,522 16,205,522 108,000
CHANGES IN WORKING CAPITAL BALANCE
Net change in working capital (598,665) (706,665) (108,000)
Fund Balances-beginning working capital 4,454,909 4,609,601 154,692
Fund Balances-ending working capital $3,856,244 $3,902,936 $46,692
Budget Adjustments:
Expenditure - Increase Supplies for increased costs for online merchant fees (108,000)
Net adjustment to ending fund balance required $(108,000)
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 401
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
WATER CAPITAL
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 1,060,600 1,060,600 -
Transfers in & Other Revenue 2,545,000 2,545,000 -
Total Revenues 3,605,600 3,605,600 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 135,000 135,000 -
Capital Expenditures 6,707,085 6,972,085 265,000
Debt Service - - -
Transfers Out - - -
Total Expenditures 6,842,085 7,107,085 265,000
CHANGES IN WORKING CAPITAL BALANCE
Net change in working capital (3,236,485) (3,501,485) (265,000)
Fund Balances-beginning working capital 11,345,123 11,345,123 -
Fund Balances-ending working capital $8,108,638 $7,843,638 $(265,000)
Budget Adjustments:
Expenditure - Increase Capital Outlay for Project Reservoir 4 (265,000)
Net adjustment required to the ending fund balance $(265,000)
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 404
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GOLD MOUNTAIN GOLF COMPLEX
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services 4,734,564 5,234,564 500,000
Fines and Forfeitures - - -
Miscellaneous 24,271 24,271 -
Transfers in - - -
Total Revenues 4,758,835 5,258,835 500,000
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 4,219,240 4,719,240 500,000
Capital Expenditures - - -
Debt Service 432,195 432,195 -
Transfers Out - - -
Total Expenditures 4,651,435 5,151,435 500,000
CHANGES IN FUND BALANCE
Net change in working capital 107,400 107,400 -
Fund Balances-beginning working capital 940,524 610,524 (330,000)
Fund Balances-ending working capital $1,047,924 $717,924 $(330,000)
Budget Adjustments:
Expenditure - Increase Supplies & Services for unanticipated professional services (500,000)
Revenue - Increase Charges for Services for unanticipated revenue collections 500,000
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 407
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
WASTEWATER UTILITY
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales 90,000 90,000 -
Other 12,000 12,000 -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services 16,394,038 16,394,038 -
Fines and Forfeitures 18,000 18,000 -
Miscellaneous 23,000 23,000 -
Transfers in & Other Revenue - - -
Total Revenues 16,537,038 16,537,038 -
EXPENDITURES
Personnel Expenses 3,526,350 3,526,350 -
Supplies, Services, and Taxes 8,929,961 9,007,961 78,000
Capital Expenditures - - -
Debt Service 2,094,871 2,094,871 -
Transfers Out 2,775,500 2,775,500 -
Total Expenditures 17,326,682 17,404,682 78,000
CHANGES IN FUND BALANCE
Net change in working capital (789,644) (867,644) (78,000)
Fund Balances-beginning working capital 3,808,456 3,808,456 -
Fund Balances-ending working capital $3,018,812 $2,940,812 $(78,000)
Budget Adjustments:
Expenditure - Increase Supplies for increased costs for online merchant fees (78,000)
Net adjustment to ending fund balance required $(78,000)
New Items Not Previously Approved by Council
Items Previously Approved by Council
FUND 451
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
WASTEWATER CAPITAL
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 260,600 260,600 -
Transfers in & Other Revenue 9,735,419 9,735,419 -
Total Revenues 9,996,019 9,996,019 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 450,000 450,000 -
Capital Expenditures 10,591,865 10,591,865 -
Debt Service - - -
Transfers Out - - -
Total Expenditures 11,041,865 11,041,865 -
CHANGES IN FUND BALANCE
Net change in working capital (1,045,846) (1,045,846) -
Fund Balances-beginning working capital 3,374,292 3,374,292 -
Fund Balances-ending working capital $2,328,446 $2,328,446 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
New Items Not Previously Approved by Council
Items Previously Approved by Council
FUND 454
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
STORMWATER UTILITY
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services 4,905,506 4,905,506 -
Fines and Forfeitures 7,000 7,000 -
Miscellaneous 7,500 7,500 -
Transfers in & Other Revenue 75,000 75,000 -
Total Revenues 4,995,006 4,995,006 -
EXPENDITURES
Personnel Expenses 1,572,400 1,572,400 -
Supplies, Services, and Taxes 2,561,624 2,605,624 44,000
Capital Expenditures - - -
Debt Service 223,655 223,655 -
Transfers Out 780,500 780,500 -
Total Expenditures 5,138,179 5,182,179 44,000
CHANGES IN FUND BALANCE
Net change in working capital (143,173) (187,173) (44,000)
Fund Balances-beginning working capital 1,238,630 1,238,630 -
Fund Balances-ending working capital $1,095,457 $1,051,457 $(44,000)
Budget Adjustments:
Expenditure - Increase Supplies for increased costs for online merchant fees (44,000)
Net adjustment to ending fund balance required $(44,000)
New Items Not Previously Approved by Council
Items Previously Approved by Council
FUND 481
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
STORMWATER CAPITAL
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 1,355,961 1,355,961 -
Transfers in & Other Revenue 2,706,968 2,706,968 -
Total Revenues 4,062,929 4,062,929 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 200,000 218,273 18,273
Capital Expenditures 5,217,195 5,198,922 (18,273)
Debt Service - - -
Transfers Out - - -
Total Expenditures 5,417,195 5,417,195 -
CHANGES IN FUND BALANCE
Net change in working capital (1,354,266) (1,354,266) -
Fund Balances-beginning working capital 5,671,750 5,671,750 -
Fund Balances-ending working capital $4,317,484 $4,317,484 $-
Budget Adjustments:
Expenditure - Technical correction in Capital to Supplies for Rain Gardens -
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 484
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
UTILITY DEBT RESERVE
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 22,000 22,000 -
Transfers in and other - - -
Total Revenues 22,000 22,000 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures - - -
CHANGES IN FUND BALANCE
Net change in working capital 22,000 22,000 -
Fund Balances-beginning working capital 1,719,347 1,719,347 -
Fund Balances-ending working capital $1,741,347 $1,741,347 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 499
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
RISK MANAGEMENT INTERNAL SERVICE FUND
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 2,207,829 2,207,829 -
Transfers in - - -
Total Revenues 2,207,829 2,207,829 -
EXPENDITURES
Personnel Expenses 565,000 565,000 -
Supplies, Services, and Taxes 2,082,829 2,082,829 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 2,647,829 2,647,829 -
CHANGES IN FUND BALANCE
Net change in working capital (440,000) (440,000) -
Fund Balances-beginning working capital 2,732,927 2,732,927 -
Fund Balances-ending working capital $2,292,927 $2,292,927 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 503
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
EMPLOYMENT SECURITY
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 4,000 4,000 -
Transfers in - - -
Total Revenues 4,000 4,000 -
EXPENDITURES
Personnel Expenses 80,000 80,000 -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 80,000 80,000 -
CHANGES IN FUND BALANCE
Net change in working capital (76,000) (76,000) -
Fund Balances-beginning working capital 187,368 187,368 -
Fund Balances-ending working capital $111,368 $111,368 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 506
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
ACCUMULATED LEAVE LIABILITY
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 582,500 582,500 -
Transfers in - - -
Total Revenues 582,500 582,500 -
EXPENDITURES
Personnel Expenses 588,700 588,700 -
Supplies, Services, and Taxes - - -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 588,700 588,700 -
CHANGES IN FUND BALANCE
Net change in working capital (6,200) (6,200) -
Fund Balances-beginning working capital 449,606 449,606 -
Fund Balances-ending working capital $443,406 $443,406 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 507
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
EQUIPMENT RENTAL RESERVE - OPERATIONS AND MAINTENANCE
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services 1,788,869 1,788,869 -
Fines and Forfeitures - - -
Miscellaneous 4,350 4,350 -
Transfers in & Other Financing - - -
Total Revenues 1,793,219 1,793,219 -
EXPENDITURES
Personnel Expenses 578,900 578,900 -
Supplies, Services, and Taxes 1,211,469 1,211,469 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 1,790,369 1,790,369 -
CHANGES IN FUND BALANCE
Net change in working capital 2,850 2,850 -
Fund Balances-beginning working capital 111,511 111,511 -
Fund Balances-ending working capital $114,361 $114,361 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 509
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
EQUIPMENT RENTAL RESERVE - RESERVES
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services - - -
Fines and Forfeitures - - -
Miscellaneous 60,000 60,000 -
Transfers in & Other 2,111,933 2,111,933 -
Total Revenues 2,171,933 2,171,933 -
EXPENDITURES
Personnel Expenses - - -
Supplies, Services, and Taxes 688,613 688,613 -
Capital Expenditures 1,163,095 1,163,095 -
Debt Service - - -
Transfers Out & Other - - -
Total Expenditures 1,851,708 1,851,708 -
CHANGES IN FUND BALANCE
Net change in working capital 320,225 320,225 -
Fund Balances-beginning working capital 4,641,715 4,641,715 -
Fund Balances-ending working capital $4,961,940 $4,961,940 -
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 510
CITY OF BREMERTON
2021 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
INFORMATION SERVICES
For the Year Ended December 31, 2021
Amended Proposed Adj Required
Mid-Year Year-End From The
Budget Budget Amended Budget
2021 2021 2021
REVENUES
Taxes
Property $- $- $-
Sales - - -
Other - - -
Licenses and Permits - - -
Intergovernmental - - -
Charges for Services 1,766,000 1,766,000 -
Fines and Forfeitures - - -
Miscellaneous - - -
Transfers in - - -
Total Revenues 1,766,000 1,766,000 -
EXPENDITURES
Personnel Expenses 918,600 918,600 -
Supplies, Services, and Taxes 871,596 871,596 -
Capital Expenditures - - -
Debt Service - - -
Transfers Out - - -
Total Expenditures 1,790,196 1,790,196 -
CHANGES IN FUND BALANCE
Net change in working capital (24,196) (24,196) -
Fund Balances-beginning working capital 1,183,557 1,183,557 -
Fund Balances-ending working capital $1,159,361 $1,159,361 $-
Budget Adjustments:
Net adjustment to ending fund balance required $-
Items Previously Approved by Council
New Items Not Previously Approved by Council
FUND 511
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: December 8, 2021
Resolution to ratify the 2021 Amendments to
the Kitsap Countywide Planning Policies
COUNCIL MEETING Date: December 15, 2021
Department: DCD
Presenter: Andrea L. Spencer
Phone: (360) 473-5283
SUMMARY: The Kitsap Countywide Planning Policies (CPP’s) are a regional framework prepared
by local governments to coordinate jurisdictional growth planning as directed by the State Growth
Management Act (GMA). The CPP’s were originally adopted and ratified by all Kitsap County local
governments in 1992, and they have been amended several times since then. Between September
2020 and May 2021 the Kitsap Regional Coordinating Council (KRCC) and each of the Planning
Directors in Kitsap began work to update and amend the CPP’s to make them consistent with the
Puget Sound Reginal Council’s Vision 2050 Multi-County Planning Policies. Following a public
hearing on July 6, 2021 the KRCC Board recommended policy revisions, and forwarded the revised
CPP’s to Kitsap County for adoption. The Kitsap Board of County Commissioners passed Ordinance
No. 601-2021 (dated October 11, 2021) adopting the revised CPP’s as recommended by the KRCC
Board. This Ordinance will not take effect until at least three cities ratify the amendments.
City Council ratification of the amendments is requested to be compliant with the procedures outlined
in the CPP’s, (please see Appendix A of the CPP’s which outlines that ratification must occur within
90 days of the ordinance passage by Kitsap County). Note that consideration of this Resolution is a
“housekeeping” measure and the Council cannot make changes to the County-adopted CPP’s. If
changes are desired then ratification needs to be rejected and a request made to the KRCC Board
for consideration of any potential modification(s) to the CPP’s.
ATTACHMENTS:
Proposed Resolution No.
Exhibit A – Kitsap County Ordinance No. 601-2021 Countywide Planning Policies
FISCAL IMPACTS (Include Budgeted Amount): None anticipated.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. _____ ratifying the Kitsap Countywide Planning Policies with the
2021 amendments as adopted by the Kitsap County Board of Commissioners on October 11, 2021.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
A9
Page 1 of 2
Resolution 2021 CPP Amendment Ratification
Rev. 09/2021
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, ratifying 2021 amendments to the Kitsap
Countywide Planning Policies.
WHEREAS, the Countywide Planning Policies (CPPs)is a written policy
statement or statements used solely for establishing a countywide framework from which County
and City comprehensive plans are developed and adopted to ensure that City and County
comprehensive plans are consistent; and
WHEREAS, the Kitsap Regional Coordinating Council (KRCC) originally
adopted CPPs in 1992 to coordinate countywide planning among local jurisdictions, and
WHEREAS, it is necessary and appropriate to update and revise CPPs
periodically to assist the coordination of local planning to keep current with changing conditions
and expectations, and
WHEREAS, the KRCC concluded the 2020-2021 CPP update process with a set
of recommended amendments the Kitsap County Board of Commissioners on July 6, 2021; and
WHEREAS, the Kitsap County Board of County Commissioners adopted the
revised CPPs with the passage of Kitsap County Ordinance No. 601-2021 on October 11, 2021;
and
WHEREAS, under the amendment procedures incorporated in Appendix A of the
CPPs, revisions to the CPPs adopted by the Board of County Commissioners, do not take effect
until ratified by cities and Tribes within Kitsap County; and
WHEREAS, the City of Bremerton considers the CPPs as amended and adopted
by the Board of County Commissioners by Ordinance No 601-2021 on October 11, 2021, to be
of benefit to the planning, development and growth interests of the City and County; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Kitsap Countywide Planning Policies as amended and adopted
by the Kitsap County Board of Commissioners on October 11, 2021 and attached hereto as
Exhibit A are hereby ratified.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
Page 2 of 2
Resolution 2021 CPP Amendment Ratification
Rev. 09/2021
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 20____.
KEVIN GORMAN, Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Resolutions\Community Development\Resolution - 2021 amendments to CPPs Ratification.doc
City of Bremerton Resolution
Ratifying Amendments to the CPP’s
Exhibit A – Kitsap County Ordinance No. 601-2001
From:Pauline Mogilevsky
Subject:RE: FYI: Kitsap County Adoption of Countywide Planning Policies
Date:Monday, October 18, 2021 9:33:36 AM
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 KRCC Boards and Committees,
I am writing to clarify and correct my previous email to note that the Suquamish Tribe and Port
Gamble S'Klallam Tribe have 90 days to ratify the Countywide Planning Policies, in addition to the
Cities having 90 days to ratify. We apologize for the omission in our last email.
Thank you,
Pauline Mogilevsky (she/her)
Land Use Program Lead
Kitsap Regional Coordinating Council
pauline@kitsapregionalcouncil.org
(206) 981-2217
From: Pauline Mogilevsky
Sent: Thursday, October 14, 2021 5:12 PM
Subject: FYI: Kitsap County Adoption of Countywide Planning Policies
Dear KRCC Boards and Committees,
I am writing to share an update about the Kitsap Countywide Planning Policies (CPPs). On October
11, 2021, the Kitsap County Board of Commissioners adopted an ordinance approving revisions to
the CPPs. Attached is the County’s adopting ordinance and includes no changes to CPP revisions
recommended by KRCC on July 6, 2021. In accordance with the approval process outlined in the
current CPP Appendix A and following County action, Kitsap cities have 90 days to ratify with their
respective city councils.
Thank you,
Pauline Mogilevsky (she/her)
Land Use Program Lead
Kitsap Regional Coordinating Council
pauline@kitsapregionalcouncil.org
(206) 981-2217
KITSAP COUNTYWIDE
PLANNING POLICIES (CPP’S)
2021 UPDATE
BREMERTON’S RATIFICATION
WHY CPP
UPDATES?October 2020Dec 20212024
HOW ARE
CHANGES MADE
TO THE CPP’S?
9/2020 to 5/2021
7/2021
10/2021
Oct to
December 2021
OVERVIEW OF CPP CHANGES
•Amendments are focused on ensuring consistency with Puget Sound
Regional Council’s (PSRC) Vision 2050 Plan (also known as the multi-
county planning policies):
•Centers of Growth (Bremerton remains the same as Kitsap’s “Metropolitan City”)
•Distinction between rural centers and communities
•Climate change
•Social and racial equity and strategies to mitigate development
displacement
•Document was reformatted for easier readability
BREMERTON CPP RATIFICATION
•The Kitsap Regional Coordinating Council (KRCC) published the amendments and
invited public comment from May 7 to June 25th and they also held a public hearing on
July 6, 2021. The KRCC Board forwarded the changes for the Kitsap County Board
of Commissioners to consider.
•Kitsap County also invited public comment, and held a public hearing on September
27, 2021, and passed Ordinance No. 601-2021 following a public meeting on October
6, 2021 making amendments to the CPP’s. The amendments will take effect when
three Kitsap jurisdictions ratify the changes.
•The proposed resolution before the Council acts to formally ratify the changes.
•Note that with this resolution the Council cannot make changes to the County-
adopted CPP’s. If changes are desired, then ratification needs to be rejected and a
request made to the KRCC Board for consideration of any potential
modification(s)to the CPP’s.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: December 8, 2021
State of Washington Department of
Commerce Local & Community Projects
Program Grant Agreement for the Kitsap
Lake Park Renovation Project
COUNCIL MEETING Date: December 15, 2021
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The attached Department of Commerce Local and Community Projects Program Grant
Agreement will provide $252,840 to assist in the renovation of Kitsap Lake Park. This grant will
support scope elements not covered by the two RCO Grants the City was awarded for this project
and include a new accessible children’s playground and accessible pathways to access the new play
area.
ATTACHMENTS: 1) Department of Commerce Grant Agreement; 2) Kitsap Lake Park Master Plan
FISCAL IMPACTS (Include Budgeted Amount): This $252,840 grant requires no matching funds
and will be combined with $994k in RCO grants, a $10k Bremerton Parks Foundation grant and
$135k in City cash to fund the estimated $1.39M project.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to enter into the Agreement with the State of Washington Department of
Commerce Grant for the Kitsap Lake Park Renovation Project 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
A10
Washington State Department of Commerce
www.commerce.wa.gov
Grant to
City of Bremerton
through
The 2022 Local & Community Projects Program
For
Kitsap Lake Park Renovation & Accessibility (Bremerton)
Start date: 7/1/2021
TABLE OF CONTENTS
Face Sheet ..................................................................................................................... 1
Special Terms and Conditions ........................................................................................ 2
1. Grant Management .................................................................................. 2
2. Compensation .......................................................................................... 2
3. Certification of Funds Performance Measures ......................................... 2
4. Prevailing Wage Law ............................................................................... 3
5. Documentation and Security .................................................................... 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property .... 4
7. Expenditures Eligible for Reimbursement ................................................ 4
8. Billing Procedures and Payment .............................................................. 4
9. Subcontractor Data Collection……………………………………………… 5
10. Insurance ................................................................................................. 5
11. Order of Precedence ................................................................................ 6
12. Reduction in Funds .................................................................................. 7
13. Ownership of Project/Capital Facilities ..................................................... 7
14. Change of Ownership or Use for GRANTEE-Owned Property ................. 7
15. Change of Use for Leased Property Performance Measure ..................... 7
16. Modification to the Project Budget ............................................................ 8
17. Signage, Markers and Publications .......................................................... 8
18. Historical and Cultural Artifacts ................................................................ 8
19. Reappropriation ....................................................................................... 9
20. Termination for Fraud or Misrepresentation ............................................. 9
General Terms and Conditions ....................................................................................... 1
1. Definitions ................................................................................................ 1
2. Access to Data ......................................................................................... 1
3. Advance Payments Prohibited ................................................................. 1
4. All Writings Contained Herein .................................................................. 1
5. Amendments ............................................................................................ 1
6. Americans with Disabilities Act (ADA) ...................................................... 2
7. Assignment .............................................................................................. 2
8. Attorney’s Fees ........................................................................................ 2
9. Audit ........................................................................................................ 2
10. Breaches of Other State Contracts ..…………………………………………3
11. Confidentiality/Safeguarding of Information .............................................. 3
12. Conflict of Interest .................................................................................... 3
13. Copyright Provision .................................................................................. 4
14. Disputes ................................................................................................... 4
15. Duplicate Payment ................................................................................... 5
16. Governing Law and Venue ....................................................................... 5
17. Indemnification ......................................................................................... 5
18. Independent Capacity of the Grantee ....................................................... 5
19. Industrial Insurance Coverage ................................................................. 6
20. Laws ........................................................................................................ 6
21. Licensing, Accreditation and Registration ................................................ 6
22. Limitation of Authority .............................................................................. 6
23. Noncompliance with Nondiscrimination Laws ........................................... 6
24. Pay Equity……………………………………………………………………….6
25. Political Activities ..................................................................................... 7
26. Publicity ................................................................................................... 7
27. Recapture ................................................................................................ 7
28. Records Maintenance .............................................................................. 7
29. Registration with Department of Revenue ................................................ 7
30. Right of Inspection…………………………………………………… ……….8
31. Savings .................................................................................................... 8
32. Severability .............................................................................................. 8
33. Site Security ............................................................................................. 8
34. Subgranting/Subcontracting ..................................................................... 8
35. Survival .................................................................................................... 8
36. Taxes ....................................................................................................... 8
37. Termination for Cause ............................................................................. 9
38. Termination for Convenience ................................................................... 9
39. Termination Procedures ........................................................................... 9
40. Treatment of Assets ............................................................................... 10
41. Waiver ................................................................................................... 10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
FACE SHEET
Grant Number: 22-96634-085
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Bremerton
680 Lebo Blvd
Bremerton, Washington 98310
3. Grantee Representative 4. COMMERCE Representative
Colette Berna
(360) 473-5429
Colette.berna @ci.bremerton.wa.us
Emily Hafford
Project Manager
(360) 764-0118
Fax 360-586-5880
emily.hafford@commerce.wa.gov
P.O. Box 42525
1011 Plum Street SE
Olympia, WA 98504-2525
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$252,840.00 Federal: State: Other: N/A: 7/1/2021 6/30/2025, contingent on
reappropriation,
6/30/2023 if funds are not
reappropriated
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
91-6001231. SWV0000221-00 91-6001231 N/A
14. Grant Purpose
The outcome of this performance-based contract is for the design and construction of the Kitsap Lake Park Renovation and
Accessibility project, as referenced in Attachment A – Scope of Work.
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. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” –
Certification of Availability of Funds to Complete the Project, Attachment “D” – Certification of the Payment and Reporting of
Prevailing Wages, Attachment “E” – Certification of Intent to Enter LEED process.
FOR GRANTEE FOR COMMERCE
Greg Wheeler, Mayor
Date
Mark K. Barkley, Assistant Director
Date
APPROVED AS TO FORM
Date
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
2
THIS CONTRACT, entered into by and between City of Bremerton (a Unit of Local Government
hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce
(hereinafter referred to as COMMERCE), WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2021, Chapter 332, Section 1075,
made an appropriation to support the 2022 Local & Community Projects Program, and directed
COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the
“Project”).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $252,840.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
3
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE’S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE’S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over $500,000 in state funds. Projects for
which the grant award or legislative intent documents specify that the state funding is to be used for
design only are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender’s security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
4
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice
Voucher (Form A-19), that documents capitalized Project activity performed – by budget line item –
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
5
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
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.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors”
shall mean subcontractors of any tier.
10. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting.
GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget
Attachment C – Certification of the Availability of Funds to Complete the Project
Attachment D – Certification of the Payment and Reporting of Prevailing Wages
Attachment E – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the date the final
payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 26 (Recapture provision) of the General Terms and Conditions.
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the date the final payment is made hereunder.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
8
B.In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 26 (Recapture provision) of the General Terms and Conditions.
16. MODIFICATION TO THE PROJECT BUDGET
A.Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15%).
B.The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%) threshold increase described above.
C.Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D.Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 05-05 or
Executive Order 21-02, where applicable, or GRANTEE shall complete a review under Section 106 of
the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally
and financially responsible for compliance with all laws, regulations, and agreements related to the
preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the
state of Washington in relation to any claim related to such historical or cultural resources discovered,
disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor’s Executive Order 05-05 or Executive Order 21-02 as applicable, coordinate with
Commerce and the Washington State Department of Archaeology and Historic Preservation
(“DAHP”), including any recommended consultation with any affected tribe(s), during Project design
and prior to construction to determine the existence of any tribal cultural resources affected by
Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a
continuing prerequisite to receipt of funds under this Contract.
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
9
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 05-05 and Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 05-05, Executive Order 21-02, or Section
106 of the National Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2023 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the GRANTEE under the Grant.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A.“Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B.“COMMERCE” shall mean the Department of Commerce.
C."GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D.“Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E.”State” shall mean the state of Washington.
F."Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
G.“Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
H.“Vendor” is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. 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.
5. 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.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
2
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the “ADA” 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
auditreview@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
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Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential”
by COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement of, or performance under this contract.
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4
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individuallyby name, the agency previously or currently employed by, job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the “Disputes” clause of this contract.
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
14. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Contract number; and
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be mailed to the Director and the other party’s (respondent’s) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
15. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. “Claim” as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to
perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
GENERAL TERMS AND CONDITIONS
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6
19. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to
collect from the GRANTEE.
20. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
21. 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 Contract.
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein. The funds provided under this contract may not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
or instruction in order to have access to the facilities funded by this grant.
24. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
GENERAL TERMS AND CONDITIONS
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(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
25. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
26. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. 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 Grant.
28. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
GENERAL TERMS AND CONDITIONS
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STATE FUNDS
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30. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. 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.
33. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
34. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE’s duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts.
GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
35. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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37. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
38. 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.
39. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
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 contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
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STATE FUNDS
10
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
40. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
41. 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.
Attachment A
Scope of Work
Funds awarded under this contract will be used for capital expenditures related to the design and
construction of the Kitsap Lake Park Renovation and Accessibility project, located at 1978 Price Road
Northwest, Bremerton.
Construction will include, but not be limited to, replacing a boat ramp and dock, upgrading existing
restroom with a new roof and ADA accessible fixtures, re-grading and replacing existing pathways,
installing a modular wetland, improving access and seating along lake’s edge, a new picnic shelter, ADA
accessible parking, and an ADA accessible children’s play area.
The park upgrades will transform the lakefront park into an accessible park for everyone to enjoy,
regardless of ability.
This project is expected to be complete in June, 2023.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 13 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment B
Budget
Line Item Amount
Architecture & Engineering $133,000.00
Site Acquisition $0.00
Construction $1,144,840.00
Capitalized Equipment $0.00
Construction Management $25,000.00
Other $0.00
Total Contracted Amount: $1,302,840.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment C
Certification of the Availability of Funds to Complete the Project
Non-State Funds Amount Total
Community Development Block Grant $56,000.00
Total Non-State Funds $56,000.00
State Funds
RCO Aquatic Lands Enhancement Grant $438,000.00
RCO Boating Facilities Grant $556,000.00
State Capital Budget $252,840.00
$1,246,840.00
Total Non-State and State Sources
$1,302,840.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE’s governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE’S review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of May 18, 2021,
including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of
Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’S
review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Attachment E
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Kitsap Lake Park Renovation Concept PlanKitsap LakeFuture Parking for “Kitsap Lake to West Belfair Trail”(N.I.C.)Future Wildlife Viewing Platforms & Nature Trails(N.I.C.)Improved Water Access viaRamp, Seating, Accessible Pathways/Parking & Restroom UpgradesWetlandViewpoint & Signage(N.I.C.)New Shelter AccessiblePathways & ParkingFuture Play Area & Seating(N.I.C.)Entry Signage & Landscaping (N.I.C.)Stormwater Vault Treatment System& Trench Drain New AccessibleFishing DockNew AccessibleBoat LaunchAccessible Boat Launch ParkingN.I.C.: Not in Contract
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: December 8, 2021
State of Washington Department of
Commerce Local & Community Projects
Program Grant Agreement for the Pendergast
Regional Park Improvement Project
COUNCIL MEETING Date: December 15, 2021
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The attached Department of Commerce Local and Community Projects Program Grant
Agreement will provide $49,000 to assist in the preliminary survey and development of construction
drawings, specifications and cost estimates for the Pendergast Regional Park Improvement Project.
Improvements include installation of artificial turf on two dirt soccer fields, a new accessible restroom
and accessible pathways.
ATTACHMENTS: 1) Department of Commerce Grant Agreement; 2) Pendergast Regional Park
Improvement Project (Phase II) Plan.
FISCAL IMPACTS (Include Budgeted Amount): This $49,000 grant requires no matching funds.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to enter into the Agreement with the State of Washington Department of
Commerce Grant for the Pendergast Regional Park Improvement Project 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
A11
Washington State Department of Commerce
www.commerce.wa.gov
Grant to
City of Bremerton
through
The Local and Community Projects Program
For
Pendergast Regional Park Phase II
Start date: July 1, 2019
i
TABLE OF CONTENTS
FACE SHEET ................................................................................................................................................ 1
DECLARATIONS .......................................................................................................................................... 3
SPECIAL TERMS AND CONDITIONS ......................................................................................................... 5
1. GRANT MANAGEMENT ................................................................................................................... 5
2. COMPENSATION ............................................................................................................................. 5
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 5
4. PREVAILING WAGE LAW ................................................................................................................ 6
5. DOCUMENTATION AND SECURITY .............................................................................................. 6
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES ............................................................................................ 6
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 6
8. BILLING PROCEDURES AND PAYMENT ....................................................................................... 7
9. SUBCONTRACTOR DATA COLLECTION ....................................................................................... 8
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...................................... 8
11. INSURANCE ..................................................................................................................................... 8
12. ORDER OF PRECEDENCE ........................................................................................................... 10
13. REDUCTION IN FUNDS ................................................................................................................. 10
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 10
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 10
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 11
17. SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 11
18. HISTORICAL AND CULTURAL ARTIFACTS ................................................................................ 11
19. REAPPROPRIATION ...................................................................................................................... 12
20. TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 12
GENERAL TERMS AND CONDITIONS ..................................................................................................... 13
21. DEFINITIONS.................................................................................................................................. 13
22. ACCESS TO DATA ......................................................................................................................... 13
23. ADVANCE PAYMENTS PROHIBITED ........................................................................................... 13
24. ALL WRITINGS CONTAINED HEREIN .......................................................................................... 13
25. AMENDMENTS ............................................................................................................................... 13
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35 ................................................................................ 14
27. ASSIGNMENT................................................................................................................................. 14
28. ATTORNEYS’ FEES ....................................................................................................................... 14
29. AUDIT .............................................................................................................................................. 14
30. BREACHES OF OTHER STATE CONTRACTS ............................................................................. 15
31. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 15
32. CONFLICT OF INTEREST ............................................................................................................. 15
33. COPYRIGHT PROVISIONS ........................................................................................................... 16
34. DISPUTES ...................................................................................................................................... 16
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35. DUPLICATE PAYMENT .................................................................................................................. 17
36. GOVERNING LAW AND VENUE ................................................................................................... 17
37. INDEMNIFICATION ........................................................................................................................ 17
38. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 17
39. INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 17
40. LAWS .............................................................................................................................................. 18
41. LICENSING, ACCREDITATION AND REGISTRATION................................................................. 18
42. LIMITATION OF AUTHORITY ........................................................................................................ 18
43. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 18
44. PAY EQUITY ................................................................................................................................... 18
45. POLITICAL ACTIVITIES ................................................................................................................. 18
46. PUBLICITY ...................................................................................................................................... 19
47. RECAPTURE .................................................................................................................................. 19
48. RECORDS MAINTENANCE ........................................................................................................... 19
49. REGISTRATION WITH DEPARTMENT OF REVENUE................................................................. 19
50. RIGHT OF INSPECTION ................................................................................................................ 19
51. SAVINGS ........................................................................................................................................ 19
52. SEVERABILITY ............................................................................................................................... 19
53. SITE SECURITY ............................................................................................................................. 20
54. SUBGRANTING/SUBCONTRACTING ........................................................................................... 20
55. SURVIVAL ....................................................................................................................................... 20
56. TAXES ............................................................................................................................................. 20
57. TERMINATION FOR CAUSE ......................................................................................................... 20
58. TERMINATION FOR CONVENIENCE ........................................................................................... 20
59. TERMINATION PROCEDURES ..................................................................................................... 21
60. TREATMENT OF ASSETS ............................................................................................................. 21
61. WAIVER .......................................................................................................................................... 22
ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 23
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT.................................................................................................................................................... 25
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
.................................................................................................................................................................... 27
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 29
1
FACE SHEET
Grant Number: 20-96627-190
Project Name: Pendergast Regional Park Phase II
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Bremerton
345 6th St Ste 100
Bremerton, WA 98337-1891
N/A
3. GRANTEE Representative 4. COMMERCE Representative
Colette Berna
Park Preservation & Development Manager
680 Lebo Blvd, Bremerton, WA 98310
(360) 473-5429
Colette.Berna@ci.bremerton.wa.us
Mara Isaacson, Grant Manager
PO Box 42525, Olympia, WA 98504
(360) 742-7665
Mara.Isaacson@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$49,000.00 Federal: State:X Other: N/A: July 1, 2019 June 30, 2025,
contingent on reappropriation;
June 30, 2023 if funds are not
reappropriated.
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
N/A SWV0000221-00 916001231 556846970
14. Grant Purpose
The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the
goals and objectives of The Local and Community Projects Program as referenced in Attachment A – Scope of Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start
as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this
Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment
“A” – Scope of Work, Attachment “B” – Certification of Availability of Funds to Complete the Project, Attachment “C” –
Certification of the Payment and Reporting of Prevailing Wages, Attachment “D” – Certification of Intent to Enter LEED
Process.
FOR GRANTEE FOR COMMERCE
Signature
Print Name
Title
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM
Steve Scheele, Assistant Attorney General
6/30/2021
Date
2
3
DECLARATIONS
GRANTEE INFORMATION
GRANTEE Name: City of Bremerton
Grant Number: 20-96627-190
State Wide Vendor Number: SWV0000221-00
PROJECT INFORMATION
Project Name: Pendergast Regional Park Phase II
Project City: BREMERTON
Project State: Washington
Project Zip Code: 98312
GRANT AGREEMENT INFORMATION
Grant Amount: $49,000.00
Appropriation Number: SHB 1102 SL Section 1042 (2019 Regular
Session)
Re-appropriation Number (if applicable): SHB 1080 SL Section 1041 (2021 Regular
Session)
Grant End Date: June 30, 2025, contingent on reappropriation;
June 30, 2023, if funds are not reappropriated.
Biennium: 2021-2023
Biennium Close Date: June 30, 2023
Earliest Date for Construction Reimbursement: July 1, 2016
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Grant End Date: In the event funds for the project are reappropriated, the contract end date will be
extended pursuant to the reappropriation and consistent with Special Term and Condition 19. Depending
on the reappropriation, a contract amendment may be required.
4
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to s upport the Local
and Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction, or rehabilitati on (a venture hereinafter referred to as
the “Project”).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non-state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE’S approval.
6
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE’s review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over $500,000 in state funds. Projects for
which the grant award or legislative intent documents specify that the state funding is to be used for
design only are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender’s security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate
appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
7
Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after
the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations
page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed
for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on
Attachment A.
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
F. Other costs authorized through the legislation
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through CO MMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW)
portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the
voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15) days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
8
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 claim ed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the
portion of Grant funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
“Subcontractors” shall mean subcontractors of any tier.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE:
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
9
insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance
Policy, including contractual liability, written on an occurrence basis, in adequate quantity t o protect
against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence.
Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide
adequate insurance coverage for the activities arising out of subgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed
staff employed or under contract to the GRANTEE. The state of Washington, its agents, office rs, and
employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of
the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured to
provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest
of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant
shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE’s fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self -insured/liability pool or
self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
10
Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Declarations page of this Grant Agreement
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Certification of the Availability of Funds to Complete the Project
Attachment C – Certification of the Payment and Reporting of Prevailing Wages
Attachment D – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for th e purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
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hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 47 (Recapture provision).
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the date the final paym ent is made
hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 47 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 05 -05 or
Executive Order 21-02, where applicable, or GRANTEE shall complete a review under Section 106 of
the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally
and financially responsible for compliance with all laws, regulations, and agreements related to the
preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the
state of Washington in relation to any claim related to such historical or cultural resources discovered,
disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor’s Executive Order 05-05 or Executive Order 21-02 as applicable, coordinate with
Commerce and the Washington State Department of Archaeology and Historic Preservation
(“DAHP”), including any recommended consultation with any affected tribe(s), during Project design
and prior to construction to determine the existence of any tribal cultural resources affected by
Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a
continuing prerequisite to receipt of funds under this Contract.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 05-05 and Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 05-05, Executive Order 21-02, or Section
106 of the National Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
21. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. ”State” shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
G. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
I. “Grant Agreement” or “Agreement” means the entire written agreement between COMMERCE
and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by
reference.
22. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and the
methodology for those models.
23. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
24. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
25. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state a nd local
government services, and telecommunications.
27. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
28. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
29. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
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If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
30. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
31. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unaut horized 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.
32. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individually by name, the agency previously or currently employed by, job title or position held, and
16
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement.
33. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the e vent the Materials are not considered “works for
hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly d isplay. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
34. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Grant number; and
be mailed to the Director and the other party’s (respondent’s) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both th e Director or the
Director’s designee and the requestor within five (5) working days.
17
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
35. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
36. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
37. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. “Claim” as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to
perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
38. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
39. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial I nsurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of
18
Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s
rights to collect from the GRANTEE.
40. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
41. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant Agreement.
42. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration ,
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
43. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non -compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein. The funds provided under this contract may not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
or instruction in order to have access to the facilities funded by this grant.
44. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or qu ality
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
45. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
19
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
46. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
47. 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 Grant.
48. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
49. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
50. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Grant.
51. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
52. 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.
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53. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
54. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcont racts for
any of the work contemplated under this Grant Agreement without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE
and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written consent of
COMMERCE or as provided by law.
55. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
56. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
57. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
58. 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.
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59. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or r atification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
60. 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.
22
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
61. 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 COMM ERCE.
23
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures to complete the preliminary work of
design and survey in order to be shovel-ready for Phase II improvements to Pendergast Regional Park
50-acre regional park and athletic complex.
The location of the project is 1199 Union Ave, Bremerton, WA 98312.
Project activities will include and not be limited to:
Topographic survey
Cultural and historical resource review
Engineered construction drawings
Specifications and cost estimates
This project began in September 2021 and is expected to be complete in 12 to 15 months.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 33 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
24
25
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Type of Funding Source Description Amount
Grant Washington State Department of Commerce $49,000.00
Other Grants
Grant #1 $
Total Other Grants $0.00
Other Loans
Loan #1 $
Total Loans $0.00
Other Local Revenue
Source #1 $
Total Local Revenue $0.00
Other Funds
Source #1 $
Total Other Funds $0.00
Total Project Funding $49,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
such records available for COMMERCE’s review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
26
27
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
28
29
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
IF EXEMPT: DO NOT SIGN
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
Pendergast Field Improvement Proposed – Phase II
BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services
Agreement with Parametrix Inc., for the
Kitsap Lake Stormwater Treatment Retrofit
Project
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: Public Works & Utilities
Presenter: Gunnar Fridriksson
Phone: (360) 473-5758
SUMMARY: The project will design stormwater treatment vaults at four stormwater outfalls that
currently discharge to Kitsap Lake untreated. The vaults will treat stormwater discharging from the
outfalls to a level that meets Washington State Department of Ecology (Ecology) standards for new
development. Parametrix will develop plans, specifications, and estimates (PS&E) to a 90 percent
complete level as required by the City’s Water Quality Assistance Grant from Ecology (WQC-2020-
BremPW -00047). The grant amount is $93,750, with remaining project costs the City’s responsibility.
ATTACHMENTS: 1. Professional Services Agreement with Parametrix, Inc.
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 and 2022
Stormwater Capital Budget.
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 for design of
the Kitsap Lake Stormwater Treatment Retrofit in the amount of $153,234.00 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
A12
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PROFESSIONAL SERVICES AGREEMENT
Kitsap Lake Stormwater Treatment Retrofit, Project # 879
The City of Bremerton (“City”) and Parametrix, 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, dated October 21, 2021, including any attachments thereto , attached hereto as Exhibit
A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to
Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services
such services shall only be performed upon the express written request of the City. Consultant further
represents that the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are performed.
II.Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work described
in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;
provided however, that additional time shall be granted by the City for excusable delays or extra work
as provided for in Section X.A of this agreement.
III.Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $153,234. Consultant’s charges and bills shall
conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this 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 delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for
such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of its
obligations under this Agreement.
IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressed in
the Scope of Work and is performing independent functions and responsibilities within its field of
expertise. Consultant and its personnel are independent Consultants and not employees of the City.
Consultant and its personnel have no authority to bind the City or to control the City’s employees and
other Consultants. None of the benefits provided by the City to its employees, including, but not
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limited to, compensation, insurance, and unemployment insurance are available from the City to the
employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely
and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives
and sub-consultants during the performance of this Agreement. The City may, during the term of this
Agreement, engage other independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The City’s
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and licensing
fees necessary to perform its obligations under this Agreement. These taxes and fees include but are
not limited to State industrial insurance, Business & Occupation, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City may
withhold the delinquent amount, plus any additional charges arising from the delinquency, from any
payments due Consultant.
V.Indemnification:
A.Consultant shall defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including
all legal costs and attorney fees, arising out of or in connection with the performance of this
Agreement except for that portion of the injuries and damages caused by the City’s sole negligence,
unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds to
avoid any of these covenants of indemnification.
B.Architects, Engineers and Any Other Professional Listed In and Performing Services
Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s
services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of
the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI.Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
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connection with the performance of the work hereunder by the Consultant, its agents, representatives,
employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant 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 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 Liability insurance with limits not less than $1,000,000 limit per occurrence
and aggregate; and
4.Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5.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
Consultant.
All required policies shall be provided on an “occurrence” basis except professional liability
insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all
the required insurance policies and endorsements. The City further reserves the right to reject any
unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought, except
with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any operations,
liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon
Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return
receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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.
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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 or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored at
Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files
available to the City upon its request at all reasonable times for the purpose of editing, modifying and
updating as necessary until such time as the City is capable of storing such information in the City's
offices. Duplicate copies of this information shall be provided to the City upon its request, and at
reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with
respect to the project and are the property of the City. Any reuse by the City for other than the specific
purpose intended will be at City’s sole risk.
C.Use of Photographs and Images. Consultant shall not use or distribute photographs or
images depicting City officials, personnel, property, or equipment whether prepared by Consultant or
provided by City without prior written consent of the City. The City will not unreasonably withhold
its consent.
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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 Bremerton, 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: Gunnar Fridriksson Attn: David Dinkuhn
City of Bremerton Parametrix, Inc.
345 6th Street, Suite 100 60 Washington Ave, Ste 390
Bremerton, WA 98337-1891 Bremerton, WA 98337
J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K.Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L.Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
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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.
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 in writing of the cause of the
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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 it is or has become ineligible for certification. Should Consultant
enter into a covered transaction with another firm, Consultant agrees by signing this agreement that
it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible,
excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
C ITY: CONSULTANT:
CITY OF BREMERTON PARAMETRIX, INC.
By: By:
Print Name: Greg Wheeler Print Name:
Its: Mayor 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\Professional Services Agreement Rev. 09 2021.docx
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit 1 October 2021
EXHIBIT A – SCOPE OF WORK
City of Bremerton
Kitsap Lake Stormwater Treatment Retrofit
INTRODUCTION
This document describes Parametrix’s proposed scope of work (SOW) for permitting assistance and engineering
design for the City of Bremerton’s (City) Kitsap Lake Stormwater Treatment Retrofit (KLSTR) design project. The
overall objective of the project is to design and install stormwater treatment vaults at four stormwater outfalls
that currently discharge to Kitsap Lake. The vaults will treat stormwater discharging at the outfalls to a level that
meets Washington State Department of Ecology (Ecology) standards for new development. The locations of the
four proposed vaults are shown on the attached survey limits maps (Figures 1 through 4). Parametrix will develop
plans, specifications, and estimates (PS&E) to a 90 percent complete level as required by the City’s Water Quality
Assistance Grant from Ecology (WQC-2020-BremPW-00047).
FUTURE SERVICES
This SOW describes tasks to be performed as Phase 1 of the project. It is anticipated that upon completion of
Phase 1, Parametrix will prepare a detailed scope and budget for Phase 2: Final Design, and Phase 3: Construction
Services once funding becomes available. Parametrix shall not proceed with Phase 2 or Phase 3 until the City has
authorized the work and issued a notice to proceed.
Specific tasks for this SOW are described below.
PHASE 1 – ENGINEERING DESIGN
Task 01 – Project Management and Meetings
Objective
Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City and
other members of the design team to review project status.
Activities
The following activities are associated with this task:
Schedule, attend, and document periodic project meetings via conference call. No public meetings are
anticipated for this project.
Manage and direct the project technical team.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-2 October 2021
Provide routine project management and communications (scope, schedule, budget, invoicing, etc.).
Prepare detailed monthly progress reports and progress billings and submit to the City for approval and
payment.
Deliverables
The following deliverables are associated with this task:
Routine correspondence including monthly progress reports and invoices
Assumptions
The following assumptions apply to this task:
Periodic project conference calls will be attended by the Parametrix project manager (PM).
Project duration for 90% design services will be 9 months (December 2021 through August 2022).
Task 02 – Permitting
Objective
Assist the City in preparing the following documents for required permits or approvals: State Environmental Policy
Act (SEPA) determination, Ecology 05-05/106 Form, inadvertent discovery plan, and cultural resources survey.
Activities
The following activities are associated with this task:
Attend a site walk with City staff.
Prepare and submit applications for permits and approvals.
Deliverables
The following deliverables are associated with this task:
SEPA checklist
Ecology 05-05/106 Form
Inadvertent Discovery Plan
Cultural resources survey
Assumptions
The following assumptions apply to this task:
The new vaults will be constructed within the right-of-way and landward of the ordinary high-water line
and no in-water work permits will be required.
The City will be responsible for SEPA public notice requirements.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-3 October 2021
No significant impacts from the project will be identified in the SEPA checklist and no supplemental
documentation will be required.
The cultural resources survey will not identify any previously unrecorded resources, and the project will not
result in any adverse effects to cultural resources.
Task 03 – Preliminary Design (30%)
Objective
Prepare a design report, preliminary (30%) engineering plans, and an engineer’s opinion of probable cost.
Activities
The following activities are associated with this task:
Prepare a design report meeting requirements of the Ecology grant agreement. Preparation of the report
will include hydrologic/hydraulic modeling in accordance with Ecology’s Stormwater Management Manual
for Western Washington (SWMMWW) and City design standards.
Identify potential utility conflicts, mark conflict locations in the field, and work with City Public Works staff
to pothole each location. Incorporate pothole information into design.
Prepare 30% engineering plans.
Prepare a 30% engineer’s opinion of probable cost.
Deliverables
The following deliverables are associated with this task:
Pothole plan
Design report
Proposed plan sheets as follows:
Cover with Vicinity Map and Sheet Index 1 sheet
Legend and Abbreviations 1 sheet
Grading and Drainage Plan and Profile 4 sheets at 1 inch = 20 feet scale
Treatment Vault Details 1 sheet
7 sheets total
30% engineer’s opinion of probable cost
Assumptions
The following assumptions apply to this task:
The Parametrix PM and two lead designers will attend a 30% design review meeting virtually or in person.
Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities
will be performed using City-provided crews and equipment with observation provided by Parametrix.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-4 October 2021
Cost estimates will be based on a combination of historical information on recent similar local projects,
recent WSDOT bid tabs, and a more detailed analysis for the major components.
Task 04 – Final Design (Draft and Final 90% PS&E)
Objective
Prepare draft and final 90% plans, specifications, and engineer’s opinion of probable cost.
Activities
The following activities are associated with this task:
Prepare draft and final 90% engineering plans.
Prepare an engineer’s opinion of probable cost estimate at each deliverable stage.
Prepare special provisions at each deliverable stage.
Prepare contract documents at each deliverable stage.
Deliverables
The following deliverables are associated with this task:
Proposed plan sheets as follows:
Cover with Vicinity Map and Sheet Index 1 sheet
Legend and Abbreviations 1 sheet
General and TESC Notes 1 sheet
Horizontal Control 2 sheets
Demolition & TESC Plan 4 sheets
Drainage Plan and Profile 4 sheets at 1 inch = 10 feet scale
Driveway Grading Plan 1 sheet
Roadway and Drainage Details 3 sheets
Treatment Vault Details 1 sheet
Temporary Traffic Control Plans 4 sheets
22 total sheets
Draft and final 90% engineer’s opinion of probable cost
Draft and final 90% contract documents
One hard copy and one PDF set of all plans (11-by-17-inch), special provisions, and cost estimates at each
deliverables stage
AutoCAD and PDF files of all drawings and documents provided digitally
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-5 October 2021
Two hard copies of bid set plans on full-sized sheets (sealed by Washington P.E.), special provisions, and
contract documents
Assumptions
The following assumptions apply to this task:
Up to four residential driveways will be replaced.
The Parametrix PM and two design leads will attend design review meetings virtually or in person.
Special provisions and all drawings will follow WSDOT format.
Task 05 – Survey
Objective
Parametrix will prepare a survey base map suitable for design of the project. The base map will be prepared and
sealed by a professional surveyor licensed to practice in the State of Washington.
Activities
The following activities are associated with this task:
Establish horizontal control. Set and measure horizontal control necessary for mapping.
Establish vertical control.
Complete topographic mapping and survey underground utilities within that portion shown on attached
Figures 1 through 4. Utility mapping will include the routing of overhead utilities. Topography shall be
surveyed using methods that will produce a 1-foot contour interval base map. The mapping will include,
but will not be limited to, the following aboveground features:
Curb and gutter including existing curb cuts, curb ramps and driveways
Sidewalks and paths
Rockeries and walls
Steps/stairs
Existing structures and buildings
Pavement edges
Ditches
Fences
Driveways, ramps, and boat ramps
Luminaires
Landscaping
Water meters, valves, hydrants, and irrigation control valves
Measure down to top actuator nut of water valves
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-6 October 2021
Electrical transformers, vaults, poles, and hand-holes
Telecommunication risers, vaults, poles, junction boxes, and hand-holes
Gas valves and meters
Storm drain manhole lids with pipe sizes, shape, invert elevations, and material composition
Catch basin rims with pipe sizes, invert elevations, and material composition
Sanitary sewer manhole lids with pipe sizes, invert elevations, and material composition
Culverts with associated pipe sizes, invert elevations, and material composition
Grade breaks, localized depressions, ditches, ridges, and other surface grades
Street signs
Street trees over 4-inch caliper with size, type, and drip line noted
Channelization
Outline of invasive vegetation
Survey and calculate all rights-of-way lying within and adjacent to the mapping limits.
Compile mapping and boundary information into the existing a 1-inch-equals-20-feet scale base map in
AutoCAD/Civil 3D 2018.
Prepare temporary construction easement (TCE) exhibits for encroachments on to private property
during construction.
Deliverables
The following deliverables are associated with this task:
Updated base map at 1-inch-equals-20-feet scale in AutoCAD, Version 2018 in electronic format
Scaled TCE exhibits at 8-1/2-by11-inch format
Assumptions
The following assumptions apply to this task:
Topographic survey and design will be provided in AutoCAD/Civil 3D 2018.
Base map will be developed using Parametrix’s colors, text size/style, and layering conventions.
Except for ROW, no additional property boundaries will be established outside of available GIS parcel line
information.
Surveyed utilities will target known underground utilities identified by the Washington Utility Notification
Center including water, storm sewer, sanitary sewer, communications, and power.
A private underground utility locate firm (APS) will be hired by Parametrix to locate existing utilities, both
conductible and non-conductible, using all industry and best practices. APS will also sweep the project
areas after the known utilities have been marked, to attempt to identify any unknown or abandoned
utilities.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-7 October 2021
Legal description exhibits will not be provided.
Up to eight TCE exhibits will be prepared. The City will prepare the TCE agreements and will perform all
negotiations.
TASK 6 – PUBLIC OUTREACH SUPPORT (NEW TASK)
Objective
Provide 3D graphics for up to three of the new vault locations for the City’s use in public outreach.
Activities
The following activities are associated with this task:
Develop color 3D schematics using SketchUp software.
Deliverables
The following deliverables are associated with this task:
Three each draft and final schematics in 11x17 format
Assumptions
The following assumptions apply to this task:
Schematics will require up to 30 hours of landscape architect time.
Task MR – Management Reserve
Objective
Work under this task will provide additional technical services as requested and authorized in writing by the City.
City of Bremerton 233-1896-8BW
Kitsap Lake Stormwater Treatment Retrofit A-8 October 2021
EXHIBIT B – SCHEDULE
Work Element Completed By
Notice to Proceed December 15, 2021
Survey (4 weeks) January 12, 2022
30% Design (8 weeks) March 9, 2022
Permit Documents (2 weeks) March 23, 2022
Draft 90% PS&E – Ecology Review Set (6 weeks) May 4, 2022
Final 90% PS&E (8 weeks) June 29, 2022
Phase 01 90% Design Project Closeout August 30, 2022
NOTE: The assumed turnaround time for City review of deliverables is 1 week.
PARAMETRIX EXHIBIT C - BUDGET 10/21/2021
TOTAL TOTAL
PHASE TASK 3.00 Burdened Labor Rate $240.81 $218.55 $157.53 $115.50 $120.00 $122.25 $152.55 $127.95 $117.00 $89.91 $158.37 $187.50 $125.40 $111.30 $146.61 HOURS COST
1 1 Project Management and Meetings
Meetings (up to 4)4 4 8 $1,593
Project Management - 9 Mo. (December 2021 through August 2022)9 12 2 9 32 $5,091
Subtotal 13 4 12 2 9 40 $6,684
1 2 Permitting
Site Walk 2 2 2 2 8 $1,344
Ecology 05-05 Form 12 4 16 $1,712
SEPA Checklist 2 12 4 18 $1,946
Inadvertent Discovery Plan 8 2 10 $1,036
Cultural Resources Report (CRC) Incl. 5% markup $3,848
Subtotal 2 2 2 2 32 12 52 $9,887
1 3 Preliminary Design (30%)
30% Review Meeting 2 2 2 6 $1,028
Basin Delineation/Modelling 4 24 28 $3,402
Hydraulic Design and Backwater Analysis 2 8 16 26 $3,590
Drainage Report 2 4 36 42 $5,270
Pothole Plan/Observation 2 8 10 $1,239
SHEETS
Cvr w/ Vty Map & Sht Index (1 sheet)1 1 $116
Legend and Abbreviations (1 sheet)2 2 $231
Drainage Plan and Profile (4 sheets @ 20' scale)4 16 80 100 $12,724
Treatment Vault Details (1 sheet)1 2 4 7 $1,018
SHEET TOTAL - 7
QC 6 6 $1,311
30% Engineer's Opinion of Probable Cost 2 4 8 14 $2,036
Subtotal 13 6 42 181 242 $31,964
1 4 Final Design (Draft & Final 90% PS&E)
Draft 90% Review Meeting 2 2 2 6 $1,028
SHEETS
Cvr w/ Vty Map & Sht Index (1 sheet)1 1 $116
Legend and Abbreviations (1 sheet)2 2 $231
General and TESC Notes (1 sheet)2 2 $231
Horizontal Control (2 sheets)2 12 2 16 $1,994
Demolition & TESC Plan (4 sheets @ 10' scale)4 16 64 84 $10,876
Drainage Plan and Profile (4 sheets @ 10' scale)4 16 80 100 $12,724
Driveway Grading Plan (1 sheet)1 4 32 37 $4,567
Roadway and Drainage Details (3 sheets)3 12 48 63 $8,157
Treatment Vault Details (1 sheet)1 2 4 7 $1,018
Temporary Traffic Control Plan (4 sheets)2 8 48 58 $7,286
SHEET TOTAL - 22
Respond to Ecolgy Comments to Plans 4 4 24 32 $4,365
Draft 90% Contract Docs 12 4 8 8 32 $5,380
Draft 90% Engineer's Opinion of Probable Cost 2 4 12 18 $2,498
Final 90% Contract Documents and Engineer's Opinion of Probable Cost 6 2 8 8 24 $3,620
QC 8 8 $1,748
Subtotal 41 8 76 347 16 2 490 $65,838
1 5 Survey
Survey Field (3 days field) 30 30 $3,339
Boundary Calcs, Set Control, Topographic Base Map 2 20 10 16 48 $6,342
Prepare Draft TCE Boundary Sketches 1 4 5 $871
TCE Exhibits (up to 8 at $800 +/- Each)$6,400
APS (private locates 20 hours @ 115/hr) Incl. 5% Markup $2,415
Expenses (equipment fees + mileage) $654
Subtotal 1 4 2 20 40 16 83 $20,020
1 6 Public Outreach Support
3D graphics for public outreach (up to 3 total in 11x17 format)1 30 31 $3,841
Subtotal 1 30 31 $3,841
1 MR Management Reserve
Management Reserve $15,000
70 14 128 530 12 9 18 32 12 2 20 40 18 907
PROJECT TOTAL $153,234
Project:
City of Bremerton
STAFF
PMX #
Kitsap Lake Stormwater Treatment Retrofit
Sr. Sci.
A. Merrill
Sci. I
A. Weiss
BILLING
MULT.:
Acct.
L. Gilbertson
PM
D. Dinkuhn
Client:
Eng. II
C. Odegard
Survey III
K. Allinson
PLS
L. Miller
Survey I
T. McJunkin
Sr. PC
S. Harris
Survey Tech
S. Sharpe
WP
A. Lucas
Labor Hours Total
23318968BW
Eng. IV
R. Sayles
Sr Eng.
J. Wright
Sr. Contracts
Administrator
J. Johnson
LA
J. Ceralde
Kitsap Lake Stormwater Treatment Budget 102121.xlsx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Modification
Agreement No. 2 with Herrera
Environmental Consultants for the Pine
Road Stormwater Improvements Project
Study Session Date: December 8, 2021
COUNCIL MEETING Date: December 15, 2021
Department: PW & Utilities
Presenter: Gunnar Fridriksson
Phone: (360) 473-5758
SUMMARY: This amendment adds additional services to include design, survey and legal
descriptions, and assistance during construction.
The original project scope of services for this stormwater project did not include the design of
significant roadway improvements on Robin and Eagle Avenues. In the early stages of design, it
became apparent that given the scope of impacts to the roads, both roads would benefit from
improvements with this project. This amendment will add a complete roadway design for Eagle and
close a sidewalk gap on Robin including adding new ADA ramps. This amendment also includes
scope for preparing additional required easements, and construction support services. The original
contract amount was $419,920 with Contract Modification No. 1 increasing the contract amount by
$50,480 for additional survey and design support. This Contract Modification No. 2 increases the
contract amount by $161,782, resulting in a revised contract amount of $632,182.
ATTACHMENTS: 1. Contract Modification Agreement No. 2, 2. Vicinity Map
FISCAL IMPACTS (Include Budgeted Amount): This increase in the contract amount is included
in the approved 2022 project budget and is funded by both the Stormwater Fund and the
Transportation Projects Fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve Contract Modification No. 2 with Herrera
Environmental Consultants for the Pine Road Sub-Basin Stormwater Improvements Project in the
amount of $161,782, 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
A13
Page 1 of 2
Contract Modification No. 2
Pine Road Sub-Basin Stormwater Improvements
CONTRACT MODIFICATION AGREEMENT NO. 2 to
CITY CONTRACT NO. 5910
BETWEEN THE CITY OF BREMERTON AND HERRERA
ENVIRONMENTAL CONSULTANTS
PROJECT: PINE ROAD SUB-BASIN STORMWATER IMPROVEMENTS
CONSULTANT: HERRERA ENVIRONMENTAL CONSULTANTS
DATE: October 22, 2021
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services AGREEMENT (the "Contract") entered into between the City of
Bremerton and Herrera Environmental Consultants on January 16, 2019.
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: See Amended Scope of Work attached as
Exhibit A.
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
December 31, 2023.
Section III. Compensation , is modified as follows:
The original contract amount was $419,920. Contract Modification No. 1 increased the contract
by $50,480, resulting in an amended contract amount of $470,400. Contract Modification No. 2
increases the contract amount by $161,782, resulting in a revised contract amount of $632,182.
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 of the Consultant’s 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
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
Page 2 of 2
Contract Modification No. 2
Pine Road Sub-Basin Stormwater Improvements
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.
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.
City Engineer / Public Works Director approved to process _________________________ (Initials and Date)
HERRERA ENVIRONMENTAL CONSULTANTS THE CITY OF BREMERTON
By: By:
Print Name: Print Name: Greg Wheeler
Its: Its: Mayor
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Gunnar Fridriksson Attn: Matt Fontaine
City of Bremerton Herrera Environmental Consultants
345 6th Street, Suite #100 Denny Building,
Bremerton, WA 98337 2200 6th Avenue #1100
Seattle, WA 98121
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
1
Date: October 21, 2021
To: Gunnar Fridriksson, Project Manager, City of Bremerton
From: Matt Fontaine, Herrera Environmental Consultants
Subject: Request For Authorization of Funds for Additional Scope – Amendment #2
(Bremerton Project # 870, Herrera Project number 18-06910-000)
Herrera Environmental Consultants (Herrera) is assisting the City of Bremerton (City) with work on the Pine Road Basin Stormwater Improvements Project. As the work of the project team has evolved, some aspects of it are beyond what was originally scoped and budgeted for. This memorandum outlines the scope and budget for additional work to be done by the Consultant Team (Herrera, Stantec, CRC, AESI, and AES Consultants, Inc.), supporting a request for additional funds. An itemized budget is attached.
TASK 5.6 – S URVEY I N SUPPORT OF
Issue: Multiple easements will be required for the new storm sewer and Wheel Chair ramps.
Scope: AES Consultants Inc. will complete the following work:
•Obtain legal descriptions and prepare easement exhibits for Sheridan Road outfall (955
Sheridan Road, 1003 Sheridan Road, and 924 Sheridan Road) and wheel chair ramp
encroachment on Robin Avenue (949 E 30th St)
•Stake existing and proposed easements
•Check for existing monuments and property corners
Deliverables:
•Exhibits and legal descriptions for four easements
•Staking of corners of the easement areas prior to construction
TASK 10.3 – A DDITIONAL F INAL D ESIGN S ERVICES
Issue: Poor roadway conditions on Eagle Avenue and E 29th St have been identified and the City will complete a full roadway replacement and driveway approaches instead of trench repair after the new storm drain is installed. This will be from the intersection with Dibb Street through E. 29th St..
EXHIBIT A
2
The City will also add curb and gutter, sidewalks and driveway approaches along the eastern side of Robin Avenue (from Dibb Ave to Sheridan Rd) as this area is a gap in the sidewalk inventory and within the walking route for Armin Jahr Elementary School.
Scope: The Consultant will complete the following final design services (60% and 100% design) that are outside of the current scope of work:
Assumptions:
• Estimated that 8 additional design drawing sheets are required for roadway grading and roadway restoration detail sheets, 4 additional design drawing sheets for ADA
Wheelchair Ramps and Driveway details, and water line profile locations. Included with
these sheets are:
o Details restoration at the back of the new sidewalk with adjacent properties.
o Driveway and sidewalk connections.
o Grading of the ADA ramps and roadway.
o Supporting City staff with property discussions.
o Supporting City staff with private utility relocation work discussions.
• No new channelization is required for roadway striping or crosswalks.
• New signs to replace existing signs that are in conflict with the roadway improvements.
• Design work includes evaluation of identified utility conflicts, identification of relocated water main elevations, and adjustment of the storm drain alignment for consistency with the new sidewalk and proposed roadway cross section.
3
•The cost estimate for the work area will be subdivided into items that are theresponsibility of public works street fund for roadway improvements and stormwaterimprovements.
•Final design for this added project area will be completed according to the generalassumptions and deliverables from the final design scope in the original agreement.
•Documentation related to stormwater requirements will be added to the basis of designreport.
•The stream channel design at the Stephenson Creek inlet structure and Robin outfall
structure will need one additional sheet to realign the stream channel to improve
hydraulic function, improve habitat, and prevent erosion.
Deliverables:
•Included in Final Design deliverables (plans, specifications, and cost estimate). 13additional sheets.
TASK 12 - SUPPORT DURING CONSTRUCTION
The Consultant will provide engineering services during construction to help ensure that the work will be performed in conformance with the contract documents and regulatory
requirements pertaining to the Project.
Assumptions
•The budget assumes the following construction support activities may be included:
•Attendance at preconstruction meeting
•Submittal review – requests for approval of material, requests for information, shopdrawings, working drawings, etc.
•Site inspections: 10 for Herrera, 2 for AESI (geotechnical inspections), 3 for Stantec(structural)
•Professional and technical service to prepare information for inclusion in change ordersprepared by the City.
•Inspection reports and photos will be submitted for each site visit.
•Other support as requested.
4
•The Consultant will be available regularly for discussion during construction and willprovide all reviews and replies within 48 hours of receipt from the City, unless discussedand agreed upon with the City’s Engineer.
•The City will finalize and issue all submittal response, RFIs, and change orders.
•Record drawings will be prepared by the Contractor.
Deliverables
•Written responses to requests from the City.
•Inspection report and photos for each site visit.
Herrera Environmental Consultants
10/21/2021
Attachment B. Cost Estimate for Pine Road Basin Stormwater Improvements Project - Amendment #2
Herrera Project No. 18-06910-000
Task No.5.6 10.3 12
Herrera Labor based on: Burdened Labor Rates
Survey in Support of
Easements
Additional Final
Design Services
Support During
Construction
Staff Title 2021 Burdened Labor Rates
Ewbank, Mark Vice President $244.36 0 13 0 13
Fontaine, Matthew Engineer V $184.85 8 109 22 139
Gray, Shannon Engineer IV $162.13 0 118 22 140
Dhital, Satya Engineer II $123.81 0 276 20 296
Marshall, Eric CAD Technician III $127.63 0 239 0 239
Waggoner, Jonathan Engineer III $161.70 0 92 56 148
Gleason, Rayna Landscape Designer II $99.61 0 4 0 4
Mirabile, Tina Scientist IV $167.90 0 14 0 14
Total Hours per Task 8 865 120 993
Subtotal Labor $1,479 $124,756 $19,165 $145,399
Subtotal Herrera Labor $1,479 $124,756 $19,165 $145,399
4%Escalation on Herrera Labor in 2022 $767 $767
Escalated Subtotal Herrera Labor $1,479 $124,756 $19,931 $146,166
Subconsultants
Subconsultant
AES $4,000 $0 $0 $4,000
Stantec $0 $0 $6,200 $6,200
AESI $0 $0 $5,000 $5,000
2%Fee on Subconsultants $80 $0 $224 $304
Subtotal Subconsultant Cost $4,080 $0 $11,424 $15,504
Travel and Per Diem (PD)
Item Unit Date Updated:
Auto Use Mile $0.56 0 0 200 200
Subtotal Per Diem $0 $0 $112 $112
$0 $0 $112 $112
Grand Subtotal $5,559 $124,756 $31,467 $161,782
Grand Total $161,782
Total
Subtotal Per Diem, Lab Costs, and ODCs
Olympic Manor Neighborhood
Pine Road Interceptor Outfall
Stephenson Canyon Inlet
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: December 8, 2021
Professional Services Agreement with
Parametrix, Inc. for the Decommission
Beach Sewer in Manette (OF-4 to EB-2)
Project
COUNCIL MEETING Date: December 15, 2021
Department: PW&U - Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY:
The project will install an upland low pressure sewer system in the vicinity of E. 16th Street and Marlow
Avenue which will allow for the abandonment of 1,800 feet of gravity beach sewer. The beach sewer
was installed in 1972 and is located between E.16th Street and the base of the Manette Bridge. An
estimated thirteen (13) apartment complexes and condominiums, as well as seven (7) single family
residences currently discharge to the beach sewer. The flow from these properties will be routed to
the proposed upland system using grinder pump systems.
A Request for Proposal (RFP) was sent to four consultants. The City received two proposals. The
proposals were scored based on experience of proposed project personnel, project understanding and
approach, ability to meet schedule, and past performance for similar projects. Parametrix was selected
as the most qualified firm. The contract amount is $412,208.
ATTACHMENTS:
1) Professional Services Agreement with Exhibits A, B, and C; 2) Site Plan.
FISCAL IMPACTS (Include Budgeted Amount):
The project is included in the Wastewater CIP and is funded by an Ecology Clean Water State
Revolving Fund Loan in the amount of $2,300,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION: Move to award the Professional Services Agreement with Parametrix,
Inc. for the Decommission Beach Sewer in Manette (OF-4 to EB-2) Project in the amount of
$412,208 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
A14
Bremerton/Parametrix Page 1 of 8
Decommission Beach Sewer in Manette (OF-4 to EB-2)
November 2021
PROFESSIONAL SERVICES AGREEMENT
Decommission Beach Sewer in Manette (OF-4 to EB-2)
The City of Bremerton (“City”) and Parametrix, 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, dated November 22, 2021, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II.Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section X.A of this agreement.
III.Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $412,208. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
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
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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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 Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B.Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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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 Consultant 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 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 Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4.Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5.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
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.
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The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, 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 or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's offices in Puyallup, Seattle, and Bremerton, 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
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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 Puyallup, Seattle, and Bremerton, 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: Angela Hoover Attn: Mark Yand
City of Bremerton Parametrix, Inc.
345 6th Street, Suite 100 60 Washington Ave, Suite 390
Bremerton, WA 98337-1891 Bremerton, WA 98337
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.
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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.
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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 in writing 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 it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY:
CITY OF BREMERTON
By:
Print Name: Greg Wheeler
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Kylie J. Finnell, Bremerton City Attorney
CONSULTANT:
PARAMETRIX, INC.
By:
Print Name: Jenifer Young
Its: EP&C Division Manager
Date:
ATTEST:
By:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 09 2021.docx
EXHIBIT A
SCOPE OF WORK
Decommission Beach Sewer in Manette (OF-4 to EB-2)
(24 pages)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-1 1 November 2021
SCOPE OF WORK
City of Bremerton
Decommission Beach Sewer OF-4 to EB-2
PROJECT BACKGROUND
This project will protect Sinclair Inlet and the Port Washington Narrows by decommissioning an existing gravity
beach sewer located within the tidelands of the Port Washington Narrows. This project also includes the
installation of small municipal pump stations, individual grinder pump systems, and the low-pressure sewer (LPS)
mains and force mains required to redirect flow from individual waterfront properties away from the beach sewer
to an existing upland sewer system.
The proposed project will eliminate approximately 1,900 feet of gravity sewer, 13 side sewers (laterals), and
5 manholes, all buried along the beach. The section of sewer main to be decommissioned is located along the
shoreline immediately north of the Manette Bridge, starting at Sewage Pump Station EB-2 and ending at
Combined Sewer Outfall No. 4 (OF-4). The overall goal of the project is to eliminate gravity sewer infrastructure in
marine tidelands that is difficult to maintain and potentially deleterious to the marine environment.
This project is funded by a Clean Water State Revolving Fund (CWSRF) Loan for $2,300,000 from the Washington
State Department of Ecology (Ecology) that expires on December 31, 2022.
SUMMARY OF WORK BREAKDOWN
This scope of work includes the following tasks:
Task 1: Survey
Task 2: Preliminary Design (30%)
Task 3: Detailed Design (75%, 100%)
Task 4: Outreach
Task 5: Environmental Permitting
Task 6: Bidding Assistance
Task 7: Services During Construction
Task 8: Project Management
Task 9: Geotechnical Support
Task 10: Electrical Support
Task 11: Management Reserve
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 2 November 2021
DETAILED WORK BREAKDOWN
Task 1: Survey
Subtask 1.1: Survey – Parametrix
Objective
Provide survey services to support design project.
Activities:
The field survey will locate visible evidence of, including but not limited to, the following improvements:
Buildings.
Curbs.
Sidewalks/Paths.
Driveways/curb cuts.
Pavement-delineation between concrete and asphalt.
Retaining walls, bulkheads, and fences – materials and heights.
Storm drainage and storm drain structures.
Sanitary sewer manholes and/or septic tank/drainfield areas as identified to our field survey crew by the
City.
Water valve boxes.
Electrical power vaults and associated surface features.
Telephone pedestals.
Natural gas.
Cable or fiber optic pedestals.
Street lighting.
Fire hydrants.
Signage.
Ponds.
Overhead wires, guy wires.
Meters or utility connects to existing buildings.
Note: Our survey crews are not allowed to enter sub-surface vaults. Our work will be conducted from the
surface, using measure-down techniques. Crews will also not open any structure covers in excess of
80 pounds.
Underground utility location paint marks set by others if visible at time of the field survey.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 3 November 2021
Significant trees with drip lines (6 inches or larger as measured 4-1/2 foot above the ground).
Survey control to support photogrammetric data collection, six field-surveyed ground control points.
Surface locates will be performed in the following described areas. Areas defined below will also employ a
subsurface conductible utility survey.
East 16th Street from the intersection of Wheaton Way to the westerly end of East 16th Street. Along
Wheaton Way from the intersection of East 16th Street along Wheaton Way to the intersection of
Manette Bridge also including the southerly portion of the roundabout, also including Marlow
Avenue, East 13th Street, and the spur street west of Marlow Ave. Said portion highlighted and
shown in Exhibit B.
Beach sewer will be as-built where accessible within the project limits.
Assumptions
All electronic mapping standards will be based on Parametrix drafting standards unless specified
otherwise.
Kitsap County Geographic Information System (GIS) lines will be relied upon except for the ROW areas
delineated.
Right of entry for all private property will be acquired prior to commencement of field survey activities.
City will obtain signed City and Washington Department of Fish and Wildlife (WDFW) right of entry forms.
For safety reasons Parametrix personnel are not permitted to enter enclosed utility structures. These
structures will be detailed and inventoried only to the extent feasible from the surface.
Parametrix field crews may need to perform minor brushing with machetes to conduct this survey, and
we have Client’s permission to do so.
The setting of any survey monuments at any of the subject properties has not been included in this
proposal.
Horizontal datum unless otherwise requested will be NAD83(91) North Zone.
Vertical datum unless otherwise requested will be NAVD88.
Survey base map of existing conditions will utilize the following:
Aerial flight.
Standard survey methods.
Parametrix will perform measure downs of existing storm water and sanitary sewer facilities to determine
pipe size, material, and invert elevations.
Underground utilities will be marked within public ROW only. This will be utilizing a subconsultant, APS Inc
(APS).
Deliverables
1. Project base map in AutoCAD to include property and ROW lines, existing features within the mapping
area, lidar topography, and imagery from existing kitsap county aerial.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 4 November 2021
Additional Services: The following activities are not associated with this task, but may be added for an
additional fee:
1.Aerial flight.
2.Right of Way determination.
3.Private property utility locates and subsequent ground surveying needs.
4.Boundary surveys to be performed in areas deemed crucial by the design team.
5.Ground survey of beach main in areas found to be locatable.
Subtask 1.2: Private Utility Locates – APS
Objective
APS will employ all industry and best practices to designate and mark the known conductible and/or
non-conductible utilities within the project boundaries defined in Exhibit B on the following page.
Activities
APS will sweep the area, after the known utilities have been marked, to attempt to identify any unknown or
abandoned utilities.
Disclaimer
APS and or its employees cannot guarantee that all conductible and/or non-conductible utilities within the project
boundaries can or will be found.
Deliverables
APS will provide paint marks, which will identify the conductible and/or non-conductible utility, utilizing the
standard color scheme for utility paint marks.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 5 November 2021
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 6 November 2021
Task 2: Preliminary Design (30%)
Objective
Prepare basis of design document and 30% level engineering design documents.
Activities
Attend one 2-hour workshop (project kick-off meeting) at the City (two Parametrix staff) to determine
design elements such as ROW pump station basis of design and extent of roadway restoration.
Prepare design for modifications to Overflow Vault No. 4 (OF-4) structure.
Prepare design for new Quadplex E-One pump station and forcemain to pump up (east on) E 16th Street
to a gravity sewer manhole in Wheaton Way that flows south and ultimately to the EB-2 pump station.
Prepare a hydraulic capacity analysis of the gravity system from E 16 th Street to EB-2 to help
determine the impact to the existing gravity system.
Perform site investigations with City staff at the following 12 properties to determine pump station
location, service line alignment, landscape restoration, potential standby electrical generator and existing
electrical service locations, existing electrical panel information (brand, amps, available breakers),
surrounding panel environment, power connection to building housing panel, and assessment of
potential alarm panel location:
1. The Manette Edge Cliff Coast Apartments
2. Narrows East Condos
3. Shores East Condos
4. Manette Shores Condos
5. Sunset Shore Condos
6. 1423 Marlow Avenue
7. 1424 Marlow Avenue
8. 1409 Marlow Avenue
9. 1305 Marlow Avenue
10. 1901 E 13th Street
11. 1903 E 13th Street
12. 1145 Wheaton Way
Complete 30% level design drawings (see Attachment 1: Sheet Index). Any change to the sheet index may
require a contract modification.
Develop 30% Engineer’s Opinion of Probable Construction Cost (EOPCC).
Assist City in identification of required Bidding and Contract Documents.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 7 November 2021
Develop draft Basis of Design Technical Memorandum and perform internal QA/QC.
Assumptions
Hydraulic capacity analysis is limited to determining the approximate capacity in the gravity sewer
compared to the flow being added to the system from the new pump station. It does not include analysis
of existing flows.
City’s review period for 30% design package is 3 weeks.
One meeting with the City to discuss the preliminary design prior to the City’s review of the 30% design
package. The meeting will be attended by three Parametrix staff. The meeting is assumed to be virtual.
The City will provide one set of resolved and consolidated comments on 30% design which will be
incorporated into the 75% design submittal.
Deliverables will be submitted electronically as PDF files using a City-selected cloud-based file transfer
platform or via email. Hardcopies of deliverables are excluded.
Internal Parametrix quality assurance/quality control (QA/QC) documentation is excluded as a deliverable.
City will provide standard design and installation details for grinder pump station, grinder pump valve box
clean-out, grinder pump station wiring diagram, collection valve box clean-out, standard clean-out, side
sewer (pressure to gravity), side sewer (pressure to pressure), concrete sidewalk, and other details.
Acquisition of any easements and/or agreements, including but not limited to Grinder Pump Service
Agreement, Sewer Construction Right of Entry Agreement, and Sewer Easement, are to be obtained by
others at no cost to Parametrix.
City will lead and provide coordination with residents for site investigations.
A total of 60 hours for site investigation efforts is included in this task, which includes office preparation
time, travel time, and field time on-site for the 12 site investigations.
Assumes no consultant site visit for SeaGlass Apartments.
Oyster Bay Beach Sewer Upgrades Contract Documents will be used as a basis for front-ends and
technical specifications for this project.
The City will be providing the majority of the CADD design work for all the general sheets.
Agency and utility coordination will be performed by others at no cost to Parametrix.
Horizontal siting and layout for grinder pump station site plans are fixed after 30% comments are
provided. Any modifications to horizontal siting and layout to this work after 30% comments are
provided may require a contract modification.
Geotechnical engineering to support this task will be managed under Task 9: Geotechnical Support.
Deliverables
30% design drawings as described in Attachment 1 and 30% EOPCC.
Draft Basis of Design Technical Memorandum (to be updated and finalized during detailed design.)
Front-end Bidding and Contract Document table of contents.
Comment response form (electronic).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 8 November 2021
Task 3: Detailed Design (75%, 100%)
Objective
Provide services for detailed design and includes tasks for intermediate (75%) and final (100%) design.
Task 3.1: Intermediate Design (75%)
Activities
Advance drawings to 75% design level (see Attachment 1: Sheet Index).
Develop 75% Bidding Documents (special provisions, supplementary technical specifications, and
front-end Bidding and Contract Documents).
Advance EOPCC to 75% design level and develop draft bid schedule.
Finalize Basis of Design Technical Memorandum.
Perform internal QA/QC.
Assumptions
City’s review period for 75% design package is 3 weeks.
One meeting with the City is included to discuss the intermediate design before the City’s review. The
meeting will be attended by three Parametrix staff and is assumed to be virtual.
The City will provide one set of resolved and consolidated comments on the 75% design which will be
incorporated into the 100% design submittal.
Deliverables will be submitted electronically as PDF files using a City-selected cloud-based file transfer
platform or via email. Hardcopies of deliverables are excluded.
Internal QA/QC documentation is excluded as a deliverable.
Oyster Bay Beach Sewer Upgrades Project Manual will be used as a base for the project.
Electrical Technical specifications required will be Construction Specifications Institute (CSI).
The City will be providing the majority of the CADD design work for the general sheets.
Agency and utility coordination will be performed by others at no cost to Parametrix.
Geotechnical engineering to support this subtask will be managed under Task 9: Geotechnical Support.
Deliverables
75% design drawings as described in Attachment 1.
75% Bidding and Contract Documents.
75% EOPCC and draft bid schedule.
Final Basis of Design Technical Memorandum.
Comment response form (electronic).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 9 November 2021
Subtask 3.2: Final Design (100%)
Activities
Advance drawings to 100% design level.
Advance Bidding Documents to 100% design level.
Advance EOPCC to 100% design level and advance bid schedule to final.
Perform internal QA/QC.
Assumptions
Design review meeting with the City is excluded.
Internal QA/QC documentation is excluded as a deliverable.
Incorporation of City-comments on 100% design package is excluded.
Incorporation of any modifications after 100% design package is submitted may require contract
modification.
No other submittals are included.
City to provide Bidding Requirements and Division 01 Content for incorporation into the Bidding
Documents.
Agency and utility coordination will be performed by others at no cost to Parametrix.
Geotechnical engineering to support this subtask will be managed under Task 9: Geotechnical Support.
Deliverables
Bidding Documents including final plans, technical specifications, front-end Bidding and Contract
Documents, and references including the Geotechnical Report.
100% EOPCC in PDF and MS Excel file formats.
AutoCAD drawing files will be provided upon request for transfer to the Contractor after the Contractor
executes Parametrix release of electronic file form.
Subtask 3.3: Grade Efficiency Audit – Cascade Energy
Activities
Review the 75% design drawings prepared by Parametrix.
Identify energy conservation measures (ECMs).
Develop Investment Grade Efficiency Audit required by the Ecology Agreement.
Assumptions
All meetings will be virtual.
8 hours total work are budgeted for review, analysis, reporting and QA.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 10 November 2021
Deliverables
One final Energy Study (Investment Grade Efficiency Audit) in letter report format suitable for submission
to Ecology.
Subtask 3.4: Potholing - APS
Objective
APS will use their Air Vacuum Excavation System to verify utilities at selected test-hole locations determined by
the City and Parametrix. This process is used to obtain utility and depth information for the project’s design.
Activities
APS, Inc. shall air vacuum excavate approximately 7 test-holes on various utilities as per a map that was
provided to APS, Inc. from Parametrix via email on May 3, 2021, also included at the end of Subtask 4.4 as
an exhibit.
If a test-hole falls in the hard surface, APS, Inc. shall jackhammer this existing asphalt or concrete.
APS, Inc. shall backfill all test-holes with a material approved by the City.
Collect utility and test-hole information for each found utility and record on a test hole data sheet
Assumptions
Restoration is assumed at this time to be 5/8-inch rock backfill and an EZ-Street patch.
A 2-year warranty will be placed on all test-holes from the date the test-hole was completed.
CDF backfill and permanent asphalt repair is excluded from this scope of work.
Grind and overlay of the existing roadway are not included in this scope of work.
Should additional restoration other than what is included in the scope of work be required, additional
fees may be required.
Scope of work assumes that the utility will be between 0 feet and 10 feet in depth.
This estimate is based on design engineering rates in which case prevailing wages do not apply.
All flagging and traffic control and permitting will be obtained by APS and at no cost to Parametrix.
All permitting is assumed to be issued at no cost to APS or Parametrix.
The proposed fee is based on the estimated number of hours it will take to perform the proposed scope
of work.
In the event the project scope increases, a revised project fee will be submitted.
APS will require written authorization to proceed prior to any project start-up.
Deliverables
Excel spreadsheet containing all test-hole data for the project.
Hub with depths left at grade where test-hole was excavated.
Photo of each found utility.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 11 November 2021
Task 4: Outreach
Objective
Support coordination between City Staff, individual property owners, and other stakeholders.
Activities
Review outreach plan prepared by the City.
Participate in up to one “neighborhood” outreach meeting.
Prepare project board one outreach meeting upon request.
Assumptions
The City will provide Parametrix with a public outreach plan for the project; development and
implementation of the plan are not included in this scope of work beyond the support activities noted
above. The plan will be designed to meet the Ecology State Environmental Review Process (SERP) public
participation requirements. These requirements include:
Public advertisement of the meeting(s).
Preparation of a meeting agenda and minutes.
Documentation that all project alterations were discussed and explained.
Documentation that the meeting covered the rate payer impacts of the project (if applicable); and
Documentation and responses to public comments.
In-person or video conferencing outreach will be determined as work progresses.
Neighborhood outreach meeting will last up to 2 hours.
Deliverables
One project board per outreach meeting.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 12 November 2021
Task 5: Environmental Permitting
Subtask 5.1: Environmental Permit Support
Objective
Provide permitting services for the work outlined herein to comply with the City of Bremerton and other
applicable regulatory agencies’ permitting requirements.
Activities
Permit coordination with various agencies at the direction of the City. This activity will include meetings
and consultations with permitting agencies before application submittal to confirm applicability of
permits, fully understand the concerns of the permitting agencies, and comply with all permit application
requirements.
Develop permit memorandum that outlines regulatory requirements. The memorandum will include a
matrix that identifies permits and approvals for work that will occur in the regulated shoreline
environment, aquatic lands (owned by state and federal government), and waters of the United States.
Develop permit matrix that shall identify each expected permit or approval including:
Circumstances that trigger the need for the permit or approval.
Agency issuing the permit including contact information (e.g., contact person).
Expected duration to obtain permit.
Critical issues that may affect obtaining the permit.
Checklist of requirements pertaining to the permits and approvals.
Prepare and submit Joint Aquatic Resources Permit Application (JARPA) for compliance with Clean Water
Act (CWA) Section 404 and River and Harbors Act Section 10 permits (United States Army Corps of
Engineers [Corps]) and CWA Section 401 Water Quality Certification (Ecology).
Prepare Attachment E of the JARPA and submit JARPA package to Washington Department of Natural
Resources (WDNR) for their Aquatic Use Authorization.
Prepare JARPA and submit online for compliance with the WDFW Hydraulic Permit Approval (HPA).
(WDFW may require forage fish surveys, see assumptions below).
Prepare and submit Biological Evaluation (BE) for informal consultation for compliance with Section 7 of
the Endangered Species Act (ESA) (National Marine Fisheries Service [NMFS] and United States Fish and
Wildlife Service [USFWS]).
Prepare State Environmental Policy Act (SEPA) Environmental Checklist for approval (City of Bremerton).
Assist City in preparing the State Environmental Review Process (SERP) information packet.
Assumptions
SEPA Environmental Checklist will be performed by the City at no cost to Parametrix.
It is assumed that permit applications will be supported by the information and deliverables contained in
the preliminary design. Copies of drawings, supporting calculations, and other technical information will
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 13 November 2021
be developed under Task 4 and be provided in the format and quantities necessary to support each
application. The City will review and approve all submittals prior to submission.
Permit meetings and consultations with permitting agencies will include:
One 2-hour meeting with the Corps Seattle Office attended by two Parametrix staff and two City staff.
One 4-hour site visit to the project site with the WDFW and the Suquamish Tribe attended by one
Parametrix staff and one City staff.
One 1-hour pre-application meeting with the City of Bremerton Department of Community
Development (DCD).
Two 1-hour SERP meetings with Ecology attended by one Parametrix staff and one City staff.
Level of effort includes meeting/site visit preparation and travel, and preparation of meeting/site visit
summaries. The City will prepare and submit the pre-submittal conference application package for
the meeting with the DCD.
The project will be eligible for a Corps CWA Section 404 nationwide permit.
All work below the High Tide Line will be performed in the dry, and the BE for informal consultation for
compliance with Section 7 of the ESA will be sufficient for the project. The United States Environmental
Protection Agency (EPA), in coordination with Ecology, will be the federal lead for the consultation effort
with NMFS and USFWS.
A compensatory mitigation plan for impacts to aquatic areas or a shoreline habitat will not be required.
The City will obtain property owner signatures on behalf of Attachment A of the JARPA application form
and the WDFW HPA authorization forms.
Forage fish surveys are excluded.
The SEPA checklist will result in a Determination of Non-Significance or Mitigated Determination of
Non-Significance.
The City will prepare and coordinate the SEPA public notice including posting on the property, publication
in the local newspaper, and mailings to appropriate entities.
The project is exempt from critical areas review per Bremerton Municipal Code (BMC 20.14.145). The City
will prepare and coordinate the exemption request per BMC 20.14.145.
The project is exempt from a Shoreline Substantial Development permit requirement per
WAC 173-27-040 (2)(b). The City will prepare and coordinate the exemption request per BMC 20.02.040.
The project is exempt from a Site Development Permit per BMC 20.58.090 (c)(3).
Utility easements will be obtained by the City.
The City will pay all permitting fees.
All other permitting that may be needed for project completion is excluded.
Deliverables
Permit Memorandum that includes a permit matrix (draft and final versions).
JARPA (draft and final versions).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 14 November 2021
BE (draft and final versions).
WDNR Aquatic Use Authorizations (draft and final versions).
Shoreline Exemption package (draft and final versions).
SERP package cover sheet (draft and final versions).
Subtask 5.2: Cultural Resources
Objective
Provide cultural resource services to comply with the applicable federal and state requirements.
Activities
Coordinate with Ecology regarding their cultural resources review and communicate with local tribes that
may have an interest in or information regarding the project location.
Review background information, conduct a field investigation of the project location, and document
identified archaeological and historic sites (if present).
Prepare cultural resources report with Inadvertent Discovery Plan to Ecology standards, in support of the
National Historic Preservation Act (NHPA) Section 106 consultation process.
Prepare the Ecology cultural resources review form.
Assumptions
Cultural resource services will be conducted by a subconsultant.
No more than one archaeological site will be identified, and no unrecorded historic sites will be identified
within the project area, and no more than 20 shovel test probes will be excavated.
Impact mitigation for archaeological or historic sites will not be required.
If human remains are found within the project area, all cultural resource field investigations will cease
immediately, proper authorities will be notified, and field investigations will not resume until applicable
state laws are addressed.
EPA, in coordination with Ecology, will be the federal lead for the Section 106 consultation process. One
consolidated consultation process will occur for areas above and below the High Tide Line.
Deliverables
Cultural Resources Report with Inadvertent Discovery Plan (draft and final versions).
Ecology cultural resources review form (draft and final versions).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 15 November 2021
Task 6: Bidding Assistance
Objective
Assist the City in the bid selection process and award of the construction contract.
Activities
Deliver the Bidding Documents to the City.
Attend the Pre-Bid Conference at the project site.
Answer questions from Bidders.
Prepare up to two addenda. Addenda required due to consultant errors shall be issued at no cost to the
City.
Assumptions
City will lead the Pre-Bid Conference and provide any documents needed for presentation at the
conference.
Final Bidding Documents that will be delivered to City under this phase will have been assembled and
provided as a deliverable in the detailed design phase.
Geotechnical engineering to support this task will be managed under Task 10: Geotechnical Support.
Deliverables
Responses to Bidder Questions (via e-mail).
Two addenda (electronic).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 16 November 2021
Task 7: Services During Construction
Subtask 7.1: Services During Construction
Objective
Provide support to the City’s Project Manager and staff during the construction phase of the project.
Activities
Attend Preconstruction Conference.
Review submittals.
Review Requests for Information (RFIs) and develop and/or modify relevant engineering details.
Review and provide the City with recommended responses to change order requests.
Perform site visits on an as-needed basis.
Assumptions
City will lead the Preconstruction Conference and provide any documents needed for presentation at the
Conference.
Written observation and/or site visit reports are excluded.
The deliverables outlined in the City’s Ecology Agreement for the Construction Management task will be
provided by others at no cost to Parametrix.
The deliverables outlined in the City’s Ecology Agreement for the Construction task will be provided by
others at no cost to Parametrix.
The deliverables outlined in the City’s Ecology Agreement for the Change Order Allowance task will be
provided by others at no cost to Parametrix.
Geotechnical engineering to support this subtask will be managed under Task 9: Geotechnical Support.
Deliverables
Submittal review sheets.
RFI and change order responses, and stamped engineering details.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 17 November 2021
Subtask 7.2: Record Documents Preparation
Objective
Provide project record drawings to conform with the Contractor’s construction records.
Activities
Revise CADD drawings to conform with markups kept by the Contractor during construction.
Assumptions
Parametrix will not verify completeness and accuracy of the Contractor’s markup drawing set.
This task will be started after Contractor has provided a complete markup drawing set.
No other record documents besides the Record Drawings will be provided.
Assumes 33 sheets maximum.
Deliverables
One 22”x34” and two 11”x17” bond hardcopy sets of the Record Drawings.
CADD files for the project, including sheets and base files (x references), submitted via cloud-based file
transfer site of City’s choice.
PDF copies of the Record Drawings submitted via cloud-based file transfer site of City’s choice.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 18 November 2021
Task 8: Project Management
Objective
Provide oversight, communications, and management of the contract and scope of work. Work includes
administrative project support, including project setup, contracting, schedule management, PM meetings and
general project management services.
Activities
Prepare a project schedule.
Prepare monthly billing review and invoices.
Participate in biweekly project status meetings with the City.
Conduct subconsultant management and contracting.
Provide monthly administrative project support (task set-up, filing, communications).
Update project schedule monthly and provide to City.
Assumptions
Provides up to 24 months of project management services.
Monthly project status meeting includes one Parametrix staff (12 months only - through bidding).
Subconsultant contracting is limited to four firms (potholing, energy optimization, geotechnical services,
and cultural resources).
Oversight and review of subconsultant products is included in task-specific budgets.
Task management and design coordination of technical work is included within each task.
Deliverables
Baseline project schedule.
Monthly invoices with progress report.
Monthly project status meeting and notes (one meeting, virtual).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 19 November 2021
Task 9: Geotechnical Support
Subtask 9.1: Geotechnical Support for Preliminary Design (30%).
Objective
Assess slope stability along bluff for key properties and identify potential impacts to proposed improvements.
Activities
Review available site information including geologic maps, lidar, 3D survey scans, geotechnical/site
information available from permits/City projects along the alignments, as-builts of sewer alignments, and
information regarding maintenance history of existing sewer laterals.
One site visit to observe existing slopes at properties with planned improvement.
Provide assessment of slope conditions and potential impacts of existing conditions to the proposed
improvements.
Assumptions
Site visit will be 4 hours on-site plus 2 hours travel time each direction.
Existing information to be reviewed will be provided to HWA GeoSciences, Inc. (HWA) by the City and the
design team.
No subsurface explorations to be performed for this assessment.
Considerations to be provided based on experience for pipelines constructed in similar bluff conditions.
Deliverables
Slope Assessment Summary Report – via e-mail.
Subtask 9.2: Geotechnical Support for Detailed Design (75%, 100%)
Objective
Provide geotechnical recommendations for installation of grinder pump and new sewer laterals.
Activities
Participate in one team meeting to review proposed improvements selected during preliminary design.
Develop and coordinate site explorations for site evaluation and to provide subsurface data for grinder
pumps and laterals for key properties.
Two site visits, one to mark locates, and the second to verify locates have been completed.
Drill up to nine hand borings for grinder pump locations near slopes, complete boring logs, and assign
testing.
Evaluate suitability of installing laterals by horizontal directional drilling versus open cut.
Provide recommendations for open cut trenches, discussion regarding horizontal directional drilling, and
earthwork and shoring recommendations.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 20 November 2021
Summarize site explorations, conclusions, and recommendations for proposed improvements in a draft
geotechnical report.
Finalize geotechnical report upon receipt of comments from design team.
Provide input for project specifications.
Provide task management and internal QA/QC.
Assumptions
Site access and Street Use permits to be provided by the City at no cost to HWA.
No contaminated materials testing is assumed. In the event contaminated soils appear to be present,
HWA will collect samples and contact the Owner/Designer for directions.
Coordination for site access will be arranged by others, prior to HWA’s site visits.
No more than three site visits will be required to complete the exploration borings.
Deliverables
Draft and Final Geotechnical Report.
Subtask 9.3: Geotechnical Support for Bidding Assistance
Objective
Provide geotechnical recommendations related to Contractor questions during the bidding process.
Activities
Review and respond on up to two rounds of questions from Contractors during the bidding process.
Deliverables
Responses to questions via e-mail.
Subtask 9.4: Geotechnical Support Services During Construction
Objective
Provide geotechnical review of submittals and questions during construction related to geotechnical issues and
observe subgrade conditions for pump installations.
Activities
Review and respond on up to four Contractor RFIs and submittals.
Perform site visits to observe the subgrade conditions for grinder pump installations.
Deliverables
Field Reports for Site Visits.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 21 November 2021
Task 10: Electrical Support
Task 10.1 Electrical Support
Objective
Identify electrical utility power upgrades needed or required at residential homes and businesses. Size and locate
up to 3 standby backup generators and transfer switches. Design electrical components and equipment for sites
with portable generator connection(s).
Activities
Utilize photographs from site investigations to evaluate and determine sites that require electrical
upgrades.
Develop a list of sites that requires upgrades to existing electrical infrastructure and identify specific
categories of upgrades at each site. Three categories of potential electrical improvements include:
Upgrade existing electrical panel (circuit breaker box).
Upgrade existing utility revenue meter enclosure and utility power feed to electrical panel.
Upgrade existing power feed to the building utility revenue meter.
Size and locate up to 3 standby backup generators and transfer switches for the following locations:
Quadplex E-one pump station near OF-4 and the Manette Edge Cliff Coast Apartments
Narrows East Condos
Shore East Condos, Manette Shores Condos, and the Sunset Shore Apartments
Design related to adding portable generator connections at sites as requested by the City to include:
Performing load calculations for new electrical services.
Sizing of main disconnect, distribution panel (for sites with more than one station), conductors, and
conduit.
Locating equipment.
Assumptions
The scope of work includes evaluation of seven single family residential sites and six multifamily
residential sites.
Photos from the site investigations will be used for the evaluation. No electrical site visits included.
Physical description of the improvements will be used in the specifications for the required upgrades or
photos in a specification appendix will be used to identify specific work needed at sites.
Electrical drawings will only be provided for the sites receiving new electrical services. The budget has
assumed that six sites will require new electrical services.
Single family residential grinder pump stations will include a single 1-horsepower pump.
Single family residential grinder pump station design to be based on the E/One WH231 grinder pump
station and the Protect Plus control panel.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 22 November 2021
Multifamily residential sites will be based on E/One including two 1-horsepower grinder pumps in a
6-foot-diameter fiberglass wet well with the Duplex Protect Plus control panel with Sentry Advisor and
portable generator receptacle.
Portable generator receptacle design is described in the next task.
The grinder pump stations will be packaged systems without custom control design and construction. No
programming, telemetry, or SCADA support will be provided.
Individual residential grinder pump station units with a total flow of not more than 1,500 gallons per day
are considered unclassified spaces per NFPA 820.
Residential grinder pump stations with a total flow of more than 1500 gallons per day are considered
Class I, Division I, Group D per NFPA 820.
For stations using existing electrical panels, the City shall be responsible through their Electrical
Contractor to perform load calculations of each electrical service to ensure the service equipment has
capacity to support the new grinder pump equipment. Parametrix shall not provide electrical calculations
for the existing electrical services. City and Electrical Contractor shall defend, indemnify and hold
harmless Parametrix, Parametrix’s officers, directors, partners, employees, and any individuals from and
against any and all costs, losses, and damages caused by breaches of this Agreement by the City or their
Electrical contractor.
Electrical specifications will be in CSI format.
Grinder pump stations with generator receptacle operate a maximum of two 1 horsepower pumps.
For multifamily residential sites, this scope of work is limited to adding design related to new electrical
service and portable generator connections with transfer switches and telemetry integral with the
manufacturer’s pump control panel. The scope of work does not include permanent generators, design
telemetry or integration into existing system.
Drawings developed under this subtask will be limited to eight additional electrical drawings, including
one general sheet; five electrical station plans with site plan, electrical one-line, and load calculations; as
well as two electrical detail sheets, as described in Attachment 1.
The grinder pump station manufacturer’s control panel will include the “Sentry Advisor” package that the
City will use for telemetry communication. The stations will be packaged systems without custom control
design and construction. No programming, telemetry, or SCADA support will be provided.
The grinder pump station manufacturer’s pump control panel will include a portable generator
connection and the equipment necessary to transfer load over to the portable generator.
The City, with help from the Electrical Contractor, will use electrical calculations provided in the contract
drawings to coordinate with the Electrical Utility for the new electrical services.
Engineering support for coordination with the Electrical Utility is not included in this scope of work.
Electrical specifications will be in CSI format and will be limited to a maximum of 12 specification sections.
Deliverables
Eight electrical drawings to be included with other design deliverables under Tasks 3 and 4.
Electrical design elements developed under this subtask will be incorporated as appropriate into the
other design deliverables described in Tasks 3 and 4.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-8BL
Decommission Beach Sewer OF-4 to EB-2 23 November 2021
Task 12: Management Reserve
Management Reserve will consist of a specified amount withheld for management control purposes to address
unknown unknowns within the scope of the project. Task 12: Management Reserve will only be used upon written
authorization of the Owner.
Attachment 1: Sheet List
# of #Sht No.Sheet Description
1 G1.1 Drawing Index, Vicinity Map, and Location Map
2 G1.2 General Notes
3 G1.3 Legend and Abbreviations
4 G1.4 Site Key Map
5 G2.1 Erosion and Sediment Control Notes and Details
6 G3.1 Horizontal Control
7 C1.1 Grinder Pump Installation Plan 1
8 C1.2 Grinder Pump Installation Plan 2
9 C1.3 Grinder Pump Installation Plan 3
10 C1.4 Grinder Pump Installation Plan 4
11 C1.5 Grinder Pump Installation Plan 5
12 C1.6 Grinder Pump Installation Plan 6
13 C1.7 Grinder Pump Installation Plan 7
14 C2.1 Force Main Plan and Profile Sheet Index
15 C2.2 Quadplex E-One Station Site Plan
16 C2.3 OF-4 Vault Modifications
17 C2.10 Marlow Ave Lower Pressure Sewer Plan and Profile
18 C2.11 Typical Sections - 16th Street, Marlow Ave, E 13th Street
19 C2.20 Forcemain Details - Connection to Wheaton Way
20 C2.21 Forcemain Details
21 C3.1 Surface Restoration - 16th Street
22 C3.2 Surface Restoration - Marlow Ave and E 13th Street
23 S1.1 Structural General Notes
24 S1.2 Structural Details
25 E1.1 Electrical Legend and Abbreviations
26 E1.2 The Manette Edge Cliff Coast Apts Electrical Site Plan and One-Line Diagram
27 E1.3 Narrows East Condos Electrical Site Plan and One-Line Diagram
28 E1.4 Shores East Condos Electrical Site Plan and One-Line Diagram
29 E1.5 Manette Shores Condos Electrical Site Plan and One-Line Diagram
30 E1.6 Sunset Shores Apts Electrical Site Plan and One-Line Diagram
31 E1.7 Quadplex E-One Station Electrical Site Plan and One-Line Diagram
32 E1.8 Electrical Wiring Diagrams
33 E1.9 Electrical Details
EXHIBIT B
SCHEDULE
Decommission Beach Sewer in Manette (OF-4 to EB-2)
Anticipated Notice to Proceed January 4, 2022
Alternatives Analysis 30 days from NTP
Design Completion October 1, 2022
Permitting** 12 months from NTP
Bidding Assistance 3-month duration
Anticipated start: October 1, 2022
Services During Construction 8-month duration
Anticipated start: January 2023
Anticipated Construction Completion September 2023
Contract Completion December 2023
** Most permits will be obtained during the design period. The Nationwide Permit from the
USACE Army Corp of Engineers may take up to 18 months.
EXHIBIT C
COMPENSATION
Decommission Beach Sewer in Manette (OF-4 to EB-2)
Task # Description Estimated Cost
1 Survey $ 31,119
2 Preliminary Design (30%) $ 53,543
3 Detailed Design (75%, 100%) $ 112,504
4 Outreach $ 2,014
5 Environmental Permitting $ 45,289
6 Bidding Assistance $ 4,978
7 Services During Construction $ 33,713
8 Project Management $ 21,009
9 Geotechnical Support $ 29,491
10 Electrical Support $ 28,548
11 Management Reserve ** $ 50,000
TOTAL $ 412,208
** Management Reserve to be used only upon written authorization of the Owner.
City of Bremerton Staff Name c. simmons j. linke b. moss
Y.
Mahmoodi j. stolle d. dinkuhn j. wright r. nickel r. pusey
K.
Allinson
A.
Desplanches J. Austin a. lucas s. harris K. Winters A. Merrill A. Weiss S. Krueger C. Tinsley s. sharpe g. harger c. wittman
j.
reinmuth
d.
peterson r. rohler s. wagner k. stuth
Labor Summary Expenses Expense
Total
Subconsultants
Sub
Total TOTAL
Decommission Beach Sewer OF-4 to EB-2 Title/Category PM PE Hydraulics Spec Support Engineering and
Design Support PIC QC QC Survey
Supervisor
Sr
Surveyor Surveyor I Surveyor II Publications
Supervisor
Project Controls
Specialist
Project
Accountant
Scientist/Biologi
st IV
Scientist/Biologi
st I Sr Scientist/Biologist Sr GIS Analyst Technical Lead Surveyor III Electrical EOR Electrical
Designer IV
Electrical
Designer III
Sr Electrical
Engineer
Structural
Engineer
Sr Graphic
Designer Hours Dollars Travel Other APS
(Pothole)
Cascade
Energy
CRC
(Cultural)
HWA
(Geotech)Direct Labor Rate 70.97 63.17 44.80 43.06 33.65 77.19 69.71 80.51 69.32 42.87 25.93 29.86 37.32 39.37 34.81 51.01 28.54 54.87 39.42 40.58 40.41 70.74 48.43 43.37 67.83 70.51 44.17
233-1896-179 Billing Rate 230.98 195.83 138.88 140.15 111.63 248.84 225.84 259.56 238.45 151.50 88.41 99.98 120.90 126.33 112.25 163.65 92.91 177.32 128.31 129.58 134.04 228.07 156.15 139.81 217.62 225.12 143.10
TOTAL FEE ESTIMATE $ 40,652 $ 54,538 $ 9,722 $ 8,970 $ 77,806 $ 747 $ 1,355 $ 3,115 $ 954 $ 1,515 $ 5,305 $ 5,999 $ 4,594 $ 3,032 $ 1,347 $ 8,510 $ 6,690 $ 16,313 $ 1,026 $ 5,183 $ -$ 18,702 $ 937 $ 16,218 $ 2,611 $ 8,780 $ 859 2,040 $ 305,478 $ 380 $ 1,550 $ 1,930 $ 19,400 $ 2,100 $ 6,300 $ 27,000 $54,800 $ 412,208
1.0 Survey 2 2 4 10 60 60 40 178 $ 19,809 260 1,550 $ 1,810 $ 9,500 $ -$ -$ -$ 9,500 $ 31,119
1.1 Survey $ -$ -$ -$ -
Survey - expenses $ -260 1,550 $ 1,810 $ -$ 1,810
Control and Aerial Targets 20 20 40 $ 3,768 $ -$ -$ 3,768
Utility Locates (2,800 LF, 800 LF/Day)2 2 4 10 40 40 40 138 $ 16,041 $ -$ -$ 16,041
1.2 Private Utility Locates - APS $ -$ -$ 9,500 $ 9,500 $ 9,500
2.0 Preliminary Design (30%)35 62 26 4 228 1 2 4 5 6 373 $ 53,543 --$ -$ -$ -$ -$ -$ -$ 53,543
General Sheets (6, includes TESC)2 6 8 $ 1,132 $ -$ -$ 1,132
Civil - (7 Grinder Site Plans, 7 ROW PS & FM, 2 Surface Res)20 80 100 $ 12,847 $ -$ -$ 12,847
PS Design and System Modeling 10 20 20 4 54 $ 7,869 $ -$ -$ 7,869
Cost Estimate 10 10 $ 1,116 $ -
$ -$ 1,116
Specifications 1 2 4 1 1 9 $ 1,529 $ -
$ -$ 1,529
QA/QC 1 2 4 7 $ 1,739 $ -$ -$ 1,739
Submittal 1 2 8 4 15 $ 1,999 $ -$ -$ 1,999
Design Review Meeting 2 2 2 6 $ 1,077 $ -$ -$ 1,077
Response to Comments 1 1 2 1 5 $ 875 $ -$ -$ 875
Site Investigations and Prep 10 50 60 $ 7,891 $ -$ -$ 7,891
Design Coord. (Change/Task/Sub Coord, Issues Log)8 16 32 56 $ 8,553 $ -$ -$ 8,553
Project Kick-Off Meeting + Prep 6 6 4 16 $ 3,007 $ -$ -$ 3,007
Develop Basis of Design Tech Memo, Draft and Final 2 2 6 12 22 $ 3,026 $ -$ -$ 3,026
Review Meeting, virtual, 1 hr, prep and notes 2 1 2 5 $ 881 $ -
$ -$ 881
3.0 Detailed Design (75%, 100%)27 133 44 60 324 2 4 8 14 4 32 31 683 $ 100,504 --$ -$ 9,900 $ 2,100 $ -$ -$ 12,000 $ 112,504
3.1 Intermediate Design (75%)$ -$ -$ -$ -
General Sheets (6, includes TESC)2 10 12 $ 1,578 $ -$ -$ 1,578
Civil - (7 Grinder Site Plans, 7 ROW PS & FM, 2 Surface Res)30 80 110 $ 14,805 $ -$ -$ 14,805
PS Design and System Modeling 20 40 20 16 12 108 $ 16,643 $ -$ -$ 16,643
Cost Estimate and Draft Bid Schedule 20 20 $ 2,233 $ -$ -$ 2,233
Final Basis of Design TM 4 4 $ 912 $ -$ -$ 912
Specifications 1 4 40 20 4 4 73 $ 10,237 $ -$ -$ 10,237
QA/QC 1 2 4 7 $ 1,739 $ -$ -$ 1,739
Submittal 1 2 8 4 15 $ 1,999 $ -$ -$ 1,999
Design Review Meeting 2 2 2 6 $ 1,077 $ -$ -$ 1,077
Response to Comments 1 1 2 1 5 $ 875 $ -$ -$ 875
Design Coord. (Change/Task/Sub Coord, Issues Log)8 16 32 56 $ 8,553 $ -$ -$ 8,553
3.2 Final Design (100%)$ -$ -$ -$ -
General Sheets (7, includes TESC)2 4 6 $ 908 $ -$ -$ 908
Civil - (7 Grinder Site Plans, 10 ROW PS & FM, 2 Surface Res)30 40 70 $ 10,340 $ -$ -$ 10,340
PS Design and System Modeling 8 4 16 16 12 56 $ 8,847 $ -$ -$ 8,847
Cost Estimate and Bid Schedule 20 20 $ 2,233 $ -$ -$ 2,233
Specifications 1 2 20 10 2 2 37 $ 5,234 $ -$ -$ 5,234
QA/QC 1 2 4 7 $ 1,739 $ -$ -$ 1,739
Submittal 1 2 8 4 15 $ 1,999 $ -$ -$ 1,999
Design Coord. ( Change/Task/Sub Coord, Issues Log)8 16 32 56 $ 8,553 $ -$ -$ 8,553
3.3 Grade Efficiency Audit - Cascade Energy $ -$ -$ 2,100 $ 2,100 $ 2,100
3.4 Potholing - APS $ -$ -$ 9,900 $ 9,900 $ 9,900
4.0 Outreach 5 6 11 $ 2,014 --$ -$ -$ -$ -$ -$ 2,014
Neighborhood Outreach Meeting (1) + prep 4 4 $ 924 $ -$ -$ 924
Materials for Outreach Meeting (1 project board)1 6 7 $ 1,090 $ -$ -$ 1,090
5.0 Environmental Permitting 5 7 20 13 52 72 92 8 269 $ 38,869 120 -$ 120 $ -$ -$ 6,300 $ -$ 6,300 $ 45,289
5.1 Permitting $ -$ -$ -$ -
Permit Coordination Meetings 2 18 8 8 36 $ 5,570 120 $ 120 $ -$ 5,690
Permit Matrix and Memo 1 1 4 8 14 $ 1,750 $ -$ -$ 1,750
JARPA 1 16 2 12 32 4 67 $ 7,905 $ -$ -$ 7,905
Biological Evaluation 2 8 4 8 80 8 110 $ 17,969 $ -$ -$ 17,969
WDNR Aquatic Use Authorization 2 2 2 6 $ 736 $ -$ -$ 736
HPA Application 4 2 4 6 16 $ 2,219 $ -$ -$ 2,219
SERP Assistance 1 1 2 8 8 20 $ 2,721 $ -$ -$ 2,721
5.2 Cultural Resource Assessment - CRC $ -$ -$ 6,300 $ 6,300 $ 6,300
6.0 Bidding Assistance 4 8 12 2 2 2 30 $ 4,978 --$ -$ -$ -$ -$ -$ -$ 4,978
Pre-Bid Conference 2 2 $ 462 $ -$ -$ 462
Addenda - up to 2 2 8 12 2 2 2 28 $ 4,516 $ -$ -$ 4,516
7.0 Services During Construction 22 59 113 20 214 $ 33,713 --$ -$ -$ -$ -$ -$ -$ 33,713
7.1 Services During Construction $ -$ -$ -$ -
Services During Construction - Office and Field Support 20 40 80 20 160 $ 25,944 $ -$ -$ 25,944
Pre-Construction Conference 2 2 4 $ 854 $ -$ -$ 854
7.2 Record Drawings - assume 33 sheets * 1hr for drafter and 0.5 hr for eng.16.5 33 49.5 $ 6,915 $ -$ -$ 6,915
8.0 Project Management 72 24 12 108 $ 21,009 --$ -$ -$ -$ -$ -$ -$ 21,009
Project Management - 24 months $ -$ -$ -$ -
Monthly PM meetings 1 hr, .5 hr prep/mtg, .5 hr notes, 1 year 24 24 $ 5,544 $ -$ -$ 5,544
invoicing, budget management, progress letters 24 24 12 60 $ 9,922 $ -$ -$ 9,922
project schedule 24 24 $ 5,544 $ -$ -$ 5,544
9.0 Geotechnical Support - HWA 4 8 12 $ 2,491 --$ -$ -$ -$ -$ 27,000 $ 27,000 $ 29,491
9.1 Geotechnical Support - HWA $ -$ -$ 27,000 $ 27,000 $ 27,000
9.2 Subconsultant Management/Coordination - PMX 4 8 12 $ 2,491 $ -$ -$ 2,491
10.0 Electrical Support 4 56 6 84 12 162 $ 28,548 --$ -$ -$ -$ -$ -$ -$ 28,548
10.1 Electrical Support $ -$ -$ -$ -
Intermediate Design (75%)
(9) Plan Sheets - (1) Cover, (6) Site plan / One-line / Load Calc., (2) Details 24 64 88 $ 14,422 $ -$ -$ 14,422
Specifications 12 12 $ 2,737 $ -$ -$ 2,737
EOPCC 4 4 $ 625 $ -$ -$ 625
QA/QC 6 6 $ 1,306 $ -$ -$ 1,306
Submittal 2 2 $ 242 $ -$ -$ 242
Design Review Meetings 2 2 $ 456 $ -$ -$ 456
Response to Comments 4 4 $ 912 $ -$ -$ 912
Final Design (100%)
(9) Plan Sheets - (1) Cover, (6) Site plan / One-line / Load Calc., (2) Details 10 20 30 $ 5,077 $ -$ -$ 5,077
Specifications 4 4 $ 912 $ -$ -$ 912
EOPCC 2 2 $ 312 $ -$ -$ 312
QA/QC 6 6 $ 1,306 $ -$ -$ 1,306
Submittal 2 2 $ 242 $ -$ -$ 242
11.0 Management Reserve $ ---$ -$ -$ -$ -$ -$ -$ 50,000
Management Reserve $ -$ -$ -$ 50,000
Total Hours 176 279 70 64 697 3 6 12 4 10 60 60 38 24 12 52 72 92 8 40 82 6 116 12 39 6 2040
TOTALS $ 40,652 $54,538 $ 9,722 $ 8,970 $ 77,806 $ 747 $1,355 $3,115 $ 954 $ 1,515 $ 5,305 $ 5,999 $ 4,594 $ 3,032 $ 1,347 $ 8,510 $ 6,690 $ 16,313 $ 1,026 $ 5,183 $ -$ 18,702 $ 937 $ 16,218 $ 2,611 $ 8,780 $ 859 2,040 $ 305,478 $380 $1,550 $ 1,930 $19,400 $2,100 $ 6,300 $27,000 $54,800 $ 412,208
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance to amend Study Session Date: December 8, 2021
Chapter 17.60 of the Bremerton Municipal
Code entitled “Floodplain Management”
COUNCIL MEETING Date: December 15, 2021
Department: DCD
Presenter: Ned Lever
Phone: (360) 473-2398
SUMMARY: This update to the Bremerton Municipal Code (BMC) updates language in Chapter
17.60, incorporates additional definitions in BMC Section 17.60.050, and makes related changes
throughout the chapter.
ATTACHMENTS: 1) Ordinance No. ________ Updated
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ______ amending Chapter 17.60 of the Bremerton Municipal Code
entitled “Floodplain Management.”
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A15
Updated
Page 1 of 18
City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 17.60 of the Bremerton
Municipal Code entitled “Floodplain Management.”
WHEREAS, the current provisions of Chapter 17.60 of the Bremerton Municipal
Code relating to floodplain management are outdated and no longer comply with state and
federal floodplain management requirements; and
WHEREAS, the current provisions of Chapter 17.60 of the Bremerton Municipal
Code relating to floodplain management contain definitions and provisions that are inapplicable
to the City of Bremerton; and
WHEREAS, the City Council desires to amend Chapter 17.60 of the Bremerton
Municipal Code relating to floodplain management in order to comply with state and federal
floodplain management requirements and to remove inapplicable definitions and provisions;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.60 of the Bremerton Municipal Code entitled
"Floodplain Management" is hereby amended to read as follows:
Chapter 17.60
FLOODPLAIN MANAGEMENT
17.60.010 STATUTORY AUTHORIZATION.
The City of Bremerton has the legal authority and responsibility to adopt regulations
designed to promote the public health and general welfare of its citizenry pursuant to Article XI,
Sections 10 and 11 of the Washington State Constitution and Article III of the Bremerton City
Charter.
17.60.020 FINDINGS OF FACT.
(a) The flood hazard areas of the City are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or
otherwise protected from flood damage also contribute to the flood loss.
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City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
17.60.030 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money and costly flood control projects;
(c) To minimize the need for rescue and relief effort associated with flooding and
generally undertaken at the expense of the general public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard;
(f) To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize blight resulting from future
flood;
(g) To ensure that potential buyers are notified that property is in an area of special
flood hazard; and
(h) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
17.60.040 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter includes methods and provisions:
(a) Restricting or prohibiting uses which are dangerous to health, safety and property
due to water or erosion hazards or in flood heights or velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(d) Controlling filling, grading, dredging and other development which may increase
flood damage; and
(e) Preventing or regulating the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards in other areas.
17.60.050 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter
its most reasonable application.
“Alteration of watercourse” means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine waterbody.
"Appeal" means a request for a review of the City Engineer’s interpretation of any
provision of this chapter or a request for a variance.
"Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow
may be evident. AO is characterized as sheet flow and AH indicates ponding.
"Area of special flood hazard" means the land in the floodplain within a community
subject to a one (1) percent or greater chance of flooding in any given year. It is shown on the
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City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30,
VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special
flood hazard”.
“ASCE 24” means the most recently published version of ASCE 24, Flood Resistant
Design and Construction, published by the American Society of Civil Engineers.
"Base flood" means the flood having a one (1) percent chance of being equaled or
exceeded in any given year (also referred to as the “100-year flood”).
"Base flood elevation" or “BFE” means the elevation to which floodwater is anticipated
to rise during the base floodmeans the water surface elevation corresponding to a flood having a
one (1) percent probability of being equaled or exceeded in a given year.
"Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
“Building”: See "Structure."
“Building Code” means the currently effective versions of the International Building Code
and the International Residential Code adopted by the State of Washington Building Code Council.
"Breakaway wall" means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting foundation
system.
"Coastal high hazard area" means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast and any other area subject to
high velocity wave action from storms or seismic sources. The area is designated on the FIRM as
Zone V1-30, VE or V.
"Critical facility" means a facility for which even a slight chance of flooding might be too
great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police,
fire and emergency response installations, and installations which produce, use or store
hazardous materials or hazardous waste.
"Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations, or storage of equipment or materials located within the
area of special flood hazard.
"Elevated building" means, for insurance purposes, a nonbasement building that has its
lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers,
pilings, or columns.
"Elevations certificate" means the official form (FEMA Form 81-31)(FEMA Form 086-
0-33 or as amended) used to track development, provide elevation information necessary to
ensure compliance with community floodplain management ordinances, and determine the
proper insurance premium rate with Section B completed by community officials.
“Essential Facility” has the same meaning as “Essential Facility” defined in ASCE 24.
Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.
“Existing Manufactured Home Park or Subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed before August
5, 1979, the effective date of the floodplain management regulations adopted by the community.
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City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
“Expansion to an Existing Manufactured Home Park or Subdivision” means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
“Flood or Flooding” means:
(a) A general and temporary condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any
source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as
defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on
the surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which
results in flooding as defined in paragraph (1)(a) of this definition.
"Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
“Flood elevation study” means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation
and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known
as a Flood Insurance Study (FIS).
"Flood Insurance Rate Map" or "FIRM" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water
surface elevation of the base flood.
"Floodplain" means any land area susceptible to being inundated by water from any source.
See "Flood or flooding."
“Floodplain administrator” means the community official designated by title to administer
and enforce the floodplain management regulations.
“Floodplain management regulations” means the zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and other application of police power.
The term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
“Flood proofing” means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate
Page 5 of 18
City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
or improved real property, water and sanitary facilities, structures, and their contents. Flood
proofed structures are those that have the structural integrity and design to be impervious to
floodwater below the Base Flood Elevation.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foota designated height. Also referred to as a
Regulatory Floodway.
“Functionally dependent use” means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only fish hatchery
facilities, docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, and does not include long-term storage
or related manufacturing facilities.
"Habitable floor" means any floor usable for living purposes, which include working,
sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage
purposes is not a "habitable floor."
“Highest adjacent grade” means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
(d) Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior,
or
(2) Directly by the Secretary of the Interior in states without approved
programs.
"Increased cost of compliance" or "ICC" means a flood insurance claim payment up to
thirty thousand dollars ($30,000) directly to a property owner for the cost to comply with
floodplain management regulations after a direct physical loss caused by a flood. Eligibility of an
ICC claim can be through a single instance of "substantial damage" or as a result of "cumulative
substantial damage."
"Lowest floor" means the lowest floor of the enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building’s lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at BMC 17.60.300(b).
"Manufactured home" means a structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailer, travel trailers, and other similar vehicles placed
Page 6 of 18
City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the
term "manufactured home" does not include park trailers, travel trailers, and other similar
vehicles.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two (2) or more manufactured home lots for rent or sale.
“Mean Sea Level” means for purposes of the National Flood Insurance Program, the
vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate
Map are referenced.
"New construction" means structures for which the "start of construction" commenced on
or after the effective date of the ordinance codified in this chapter.
“New Manufactured Home Park or Subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after August
5, 1979, the effective date of floodplain management regulations adopted by the community.
“One-hundred-year flood or 100-year flood”: See "Base flood."
“Reasonably Safe from Flooding” means development that is designed and built to be
safe from flooding based on consideration of current flood elevation studies, historical data, high
water marks and other reliable date known to the community. In unnumbered A zones where
flood elevation information is not available and cannot be obtained by practicable means,
reasonably safe from flooding means that the lowest floor is at least two feet above the Highest
Adjacent Grade.
"Recreational vehicle" means a vehicle built on a single chassis, that is four hundred
(400) square feet or less when measured at the largest horizontal projection, designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
"Start of construction" includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within one hundred eighty (180) days of the permit date.
The "actual start" means the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of columns or
any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building including a gas or liquid storage tank that
is principally above ground.
"Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred.
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City Ordinance Form BMC Chapter 17.60
Rev. 09/2021 Floodplain Management
"Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(a) Any project for improvement of a structure to correct pre-cited existing violations
of state or local health, sanitary, or safety code specifications which have been previously
identified by the local code enforcement official and which are the minimum necessary to assure
safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a
state inventory of historic places.
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
“Water surface elevation” means the height, in relation to the vertical datum utilized in the
applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains
of coastal or riverine areas.
“Water Dependent” means a structure for commerce or industry that cannot exist in any
other location and is dependent on the water by reason of the intrinsic nature of its operations,
including but not limited to fish hatchery facilities.
17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the
City of Bremerton.
17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and
Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying
Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and
declared to be a part of this chapter. The best available information for flood hazard area
identification as outlined in BMC 17.60.140(b) shall be the basis for regulation until a new
FIRM is issued that incorporates data utilized under BMC 17.60.140(b). The Flood Insurance
Study is on file at the Bremerton Department of Community Development, 345 6th Street, Suite
600, Bremerton, WA 98337.
17.60.075 COMPLIANCE
All development within a special flood hazard areas is subject to the terms of this
ordinance and other applicable regulations.
17.60.080 PENALTIES FOR NONCOMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this chapter and other applicable regulations.
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Violation of the provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any
of its requirements shall upon conviction thereof be fined not more than one thousand dollars
($1,000) or imprisoned for not more than ninety (90) days, or both, for each violation, and in
addition shall pay all costs and expenses involved in the case. Nothing herein contained shall
prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or
remedy any violation.
17.60.090 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance, easement,
covenant or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
17.60.100 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by manmade or natural causes.
This chapter does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the City, any officer or employee thereof, or the Federal Insurance
Administration for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
17.60.120 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A floodplain development permit shall be obtained before construction or development
begins within any area of special flood hazard established in BMC 17.60.070. The permit shall
be for all structures including mobile homes, as set forth in BMC 17.60.050, and for all other
developments including fill and other activities, also as set forth in BMC 17.60.050. Application
for floodplain development permit shall be made on forms furnished by the City Engineer and
may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location,
dimensions and elevations of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the foregoing. Specifically, the following
information is required:
(a) Elevation in relation to mean sea level of the lowest floor (including basement) of
all structures;
(b) Elevation in relation to mean sea level to which any structure has been
floodproofed;
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(c) Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet the floodproofing criteria in BMC
17.60.310; and
(d) Description of the extent to which any watercourse will be altered or relocated as
a result of proposed development. ; and
(e) Any other such information that may be reasonably required by the Floodplain
Administrator in order to review the application.
17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL
ADMINISTRATOR.
The City Engineer is appointed to administer and implement this chapter, by granting or
denying floodplain development permit applications in accordance with its provisions.
17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER.
Duties of the City Engineer shall include, but not be limited to:
(a) Floodplain Development Permit Application Review.
(1) Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
(2) Review all development permits to determine that all necessary permits
have been obtained from those federal, state, or local governmental agencies from which prior
approval is required.
(3) Review all development permits to determine if the proposed development
is located in the floodway.
If located in the floodway, assure that the encroachment provisions of BMC 17.60.330(a)
are met.
(b) Use of Other Base Flood Data. When base flood elevation data has not been
provided in accordance with BMC 17.60.070, Basis for Establishing the Areas of Special Flood
Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation
and floodway data available from a federal, state or other source, in order to administer BMC
17.60.290, Flood Hazard Protection - Specific Standards, and 17.60.330, Floodways.
(c) Information to Be Obtained and Maintained.
(1) Where base flood elevation data is provided through the Flood Insurance
Study or required as in subsection (b) of this section, obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement.
(2) For all new or substantially improved floodproofed structures:
(i) Verify and record the actual elevation (in relation to mean sea
level) to which the structure was floodproofed; and
(ii) Maintain the floodproofing certifications required in BMC
17.60.120(c).
(3) Records of all variance actions, including justification for their issuance.
(4) Improvement and damage calculations.
(53) Maintain for public inspection all records pertaining to the provisions of
this chapter.
(d) Alteration of Watercourses.
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(1) Notify adjacent communities and the Department of Ecology prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
(3) Interpretation of FIRM Boundaries. Make interpretations, where needed,
as to exact location of the boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between a mapped boundary and actual field conditions). The
person contesting the location of the boundary shall be given a reasonable opportunity to appeal
the interpretation as provided in BMC 17.60.150.
17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY.
The City Council shall hear and decide appeals and requests for variances from the
requirements of this chapter.
17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER.
The City Council shall hear and decide appeals when it is alleged there is an error in any
requirement, decision or determination made by the City Engineer in the enforcement or
administration of this chapter.
17.60.170 VARIANCE - APPEAL TO COUNTY COURT.
Those aggrieved by the decision of the City Council or any taxpayer may appeal such
decision to the Kitsap County Superior Court, as provided by law.
17.60.180 VARIANCE - CONSIDERATIONS.
In passing upon such applications, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the
community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
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17.60.190 VARIANCE - LOTS OF ONE-HALF (0.5) ACRE.
Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half (0.5) acre or less in size contiguous and surrounded by lots with
existing structures constructed below the base flood level, providing BMC 17.60.180(a) through
(k) have been fully considered. As the lot size increases beyond the one-half (0.5) acre, the
technical justification required for issuing the variance increases.
17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH
CONDITIONS.
Upon consideration of the factors of BMC 17.60.180 and the purposes of this chapter, the
City Council may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
17.60.210 VARIANCE - RECORDS AND REPORTS.
The City Engineer shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
17.60.220 VARIANCE - CONDITIONS GENERALLY.
(a) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of Historic
Places that will not preclude the structure’s continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and design of the structure
without regard to the procedures set forth in the remainder of this section.
(b) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as identified in BMC 17.60.180, or conflict with
existing local laws or ordinances.
(e) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(f) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are not
personal in nature and do not pertain to the structure, its inhabitants, or economic or financial
circumstances.
They primarily address small lots in densely populated residential neighborhoods. As
such, variances from the flood elevations should be quite rare.
(g) Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing,
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where it can be determined that such action will have low damage potential, complies with all
other variance criteria, except this section, and otherwise complies with BMC 17.60.240.
17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS.
In all areas of special flood hazards the standards set out in BMC 17.60.240 through
17.60.280 are required.
17.60.240 ANCHORING.
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(b) All manufactured/mobile homes shall be anchored to prevent flotation, collapse or
lateral movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame
ties to ground anchors.
17.60.250 CONSTRUCTION MATERIALS AND METHODS.
(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing and air-conditioned equipment and other
service facilities shall be designed and/or otherwise elevated or located at least one (1) foot
above the base flood elevation so as to prevent water from entering or accumulating within the
components during conditions of flooding.
17.60.260 UTILITIES.
(a) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(b) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems into
floodwaters.
(c) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(d) Water wells shall be located on high ground that is not in the floodway.
17.60.270 SUBDIVISION PROPOSALS.
(a) All subdivision proposals shall be consistent with the need to minimize flood
damage.
(b) All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage.
(d) Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contain at least fifty (50) lots or five (5) acres, whichever is less.
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17.60.280 REVIEW OF BUILDING PERMITS.
Where elevation data is not available either through the Flood Insurance Study or from
another authoritative source (BMC 17.60.140(b)), applications for building permits shall be
reviewed to assure that proposed construction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available. Base flood elevation data and reference
marks are generally provided throughout Bremerton and are indicated on Bremerton’s flood
insurance map. Failure to elevate at least two (2) feet above grade in these zones may result in
higher insurance rates.
17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS.
In all areas of special flood hazards where base flood elevation data has been provided as
set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through 17.60.320 are
required.
17.60.300 RESIDENTIAL CONSTRUCTION.
(a) New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated to one (1) foot or more above base flood
elevation.
(b) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(1) A minimum of two (2) openings have a total net area of not less than one
(1) square inch of every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one (1) foot above
grade.
(3) Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters.
(4) A garage attached to a residential structure, constructed with the garage
floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood
waters.
17.60.310 NONRESIDENTIAL CONSTRUCTION.
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement, elevated to one
(1) foot or more above the level of the base flood elevation, or, together with attendant utility and
sanitary facilities, shall:
(a) Be floodproofed so that below one (1) foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
(c) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for meeting
provisions of this section based on their development and/or review of the structural design,
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specifications and plans. Such certifications shall be provided to the official as set forth in BMC
17.60.140(c)(2).
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in BMC 17.60.300(b).
(e) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one (1) foot below the floodproofed level
(e.g., a building constructed to the base flood level will be rated as one (1) foot below that level).
17.60.315 CRITICAL FACILITY.
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the special flood hazard area (SFHA) one hundred (100) year floodplain. Construction
of new critical facilities shall be permissible within the SFHA if no feasible alternative site is
available. Critical facilities constructed within the SFHA shall have the lowest floor elevated
three (3) feet above BFE or to the height of the five hundred (500) year flood, whichever is
higher. Access to and from the critical facility should also be protected to the height utilized
above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not
be displaced by or released into the floodwaters. Access routes elevated to or above the level of
the base flood elevation shall be provided to all critical facilities to the extent possible.
17.60.320 MANUFACTURED/MOBILE HOMES.
All manufactured/mobile homes in the floodplain to be placed or substantially improved
on sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured/mobile home is elevated one (1) foot or more above the base flood elevation and
be securely anchored to an adequately anchored foundation system to resist flotation, collapse
and lateral movement.
17.60.325 RECREATIONAL VEHICLES.
Recreational vehicles placed on sites in the floodplain are required to either:
(a) Be on the site for fewer than one hundred eighty (180) consecutive days; or
(b) Be fully licensed and ready for highway use, on wheels or jacking system,
attached to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
(c) Meet the requirements for manufactured/mobile homes as found in BMC
17.60.320.
17.60.330 FLOODWAYS.
Located within areas of special flood hazard established in BMC 17.60.070 are portions
of Gorst and Parish Creeks which are designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters which carry debris, potential
projectiles, and erosion potential projectiles, and erosion potential, the following provisions
apply:
(a) Prohibit encroachments, including fill, new construction, substantial
improvements and other development unless certification by a registered professional engineer
or architect is provided demonstrating that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge;
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(b) If subsection (a) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of BMC
17.60.230 through 17.60.320;
(c) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
(1) Repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area; and
(2) Repairs, reconstruction or improvements to a structure, the cost of which
does not exceed fifty (50) percent of the market value of the structure either:
(i) Before the repair or reconstruction is started, or
(ii) If the structure has been damaged, and is being restored before the
damage occurred. Work done on structures to comply with existing health, sanitary, or safety
codes which have been identified by the Code Enforcement or Building Official and are the
minimum necessary to assure safe living conditions shall not be included in the fifty (50) percent
determination in subsection (c)(2) of this section;
(d) Manufactured/mobile homes are prohibited in designated floodways.
17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO
FLOODWAYS.
In areas with base flood elevations (but a regulatory floodway has not been designated),
no new construction, substantial improvements, or other development (including fill) shall be
permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one (1) foot at any point within the community.
17.60.350 COASTAL HIGH HAZARD AREAS.
Located within areas of special flood hazard established in BMC 17.60.070 are coastal
high hazard areas, designated as Zones V1-30, VE and/or V. These areas have special flood
hazards associated with high velocity waters from surges and, therefore, in addition to meeting
all provisions in this chapter, the following provisions shall also apply:
(a) All new construction and substantial improvements in Zones V1-30 and VE (V if
base flood elevation data is available) on the community’s FIRM shall be elevated on pilings and
columns so that:
(1) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated one (1) foot or more above the base flood level;
and
(2) The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind and water loading values shall each
have a one (1) percent chance of being equaled or exceeded in any given year (one hundred
(100) year mean recurrence interval).
A registered professional engineer or architect shall develop or review the structural
design, specifications and plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted standards of practice for
meeting the provisions of subsections (a)(1) and (2) of this section.
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(b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures in Zones V1-30, VE, and V on the community’s FIRM and
whether or not such structures contain a basement. The local administrator shall maintain a
record of all such information.
(c) All new construction within Zones V1-30, VE, and V on the community’s FIRM
shall be located landward of the reach of mean high tide.
(d) Provide that all new construction and substantial improvements within Zones V1-
30, VE, and V on the community’s FIRM have the space below the lowest floor either free of
obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or
insect screening intended to collapse under wind and water loads without causing collapse,
displacement, or other structural damage to the elevated portion of the building or supporting
foundation system. For the purposes of this section, a breakaway wall shall have a design safe
loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot.
Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per
square foot (either by design or when so required by local or state codes) may be permitted only
if a registered professional engineer or architect certifies that the design proposed meets the
following conditions:
(1) Breakaway wall collapse shall result from water load less than that which
would occur during the base flood; and
(2) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage due to the effects of
wind and water loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this determination shall
each have a one (1) percent chance of being equaled or exceeded in any given year (one hundred
(100) year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be usable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human habitation.
(e) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE,
and V on the community’s FIRM.
(f) Prohibit manmade alteration of sand dunes within Zones V1-30, VE, and V on the
community’s FIRM which would increase potential flood damage.
(g) All manufactured homes to be placed or substantially improved within Zones V1-
30, V, and VE on the community’s FIRM on sites:
(1) Outside of a manufactured home park or subdivision;
(2) In a new manufactured home park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or
(4) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood;
shall meet the standards of subsections (a) through (f) of this section, and manufactured
homes placed or substantially improved on other sites in an existing manufactured home park or
subdivision within Zones V1-30, V and VE on the FIRM shall meet the requirements of BMC
17.60.320.
(h) Recreational vehicles placed on sites within Zones V1-30, V and VE on the
community’s FIRM shall either:
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(1) Be on the site for fewer than one hundred eighty (180) consecutive days;
or
(2) Be fully licensed and ready for highway use, on its wheels or jacking
system, attached to the site only by quick disconnect type utilities and security devices, and have
no permanently attached additions; or
(3) Meet the requirements of BMC 17.60.120 (development permit required)
and subsections (a) through (f) of this section.
17.60.350 SEVERABILITY
This ordinance and the various parts thereof are hereby declared to be severable. Should
any Section of this ordinance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the Section so declared to be unconstitutional or invalid.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
KEVIN GORMAN, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
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ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
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