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Home My WebLink About10/16/2024 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * WEDNESDAY, OCTOBER 16, 2024 CITY COUNCIL MEETING AGENDA Council Members and staff will be participating in the meeting in -person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  Members of the public are invited to join the Zoom Meeting by clicking on the link below (Note that participants on Zoom will only be allowed to comment under Section 4 (Consent Agenda) and Section 7 (General Business). No comments will be allowed by Zoom under the Public Hearing: https://bremertonwagov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09  Or One tap mobile: US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 896 9481 3320; Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (Only as necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims and Check Register B. Minutes of Meeting – October 2, 2024 C. Minutes of Study Session – October 9, 2024 D. Confirm Appointment of Jack Paauw to the Bremerton Planning Commission E. Accept Energy Efficiency & Conservation Block Grant (EECBG) from U.S. Department of Energy F. Professional Services Agreement with Casey Civil, PLLC for Construction Management Services for Decommission Beach Sewer (OF-4 to EB-2) Item pulled G. Contract Modification Agreement No. 1 with Commonstreet Consulting, LLC for Homelessness Response Property Management Program Services; and Budget Adjustment 5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda. Please state your name for the record in person, and limit your comments to under 3-minutes… Continued on next page… Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. 6. PUBLIC HEARING – Public comment by Zoom for this item will not be accepted… A. Resolution No. 3388 in Support/Opposition of WA State Ballot Initiative 2117 Concerning Carbon Tax Credit Trading 7. GENERAL BUSINESS A. Overview of the 2024 Comprehensive Plan Housing Element Public Comment only 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: October 16, 2024 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 408555 – 408713 and EFT Numbers V41948 - V42042 in the grand total amount of $ 3,852,762.65 2. Regular Payroll for pay period ending September 30, 2024 in the amount of $ 1,115,300.55 3. Regular Payroll payout for pay period ending September 30, 2024 in the amount of $17,368.45 4. Reissue of stale checks from May and June 2023 VOID Check Numbers 1005938, 1005951, 1232869 in the credit amount of -$1,575.54 and REISSUE Check Numbers 1006080, 1006081, 1232869 in the amount of $1,575.54 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Claims & Check Register as presented. COUNCIL ACTION: Approve Deny Table Continue No Action 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting – October 2, 2024 Study Session Date: N/A COUNCIL MEETING Date: October 16, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on October 2, 2024 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the October 2, 2024 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 2, 2024 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 2, 2024, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council Vice President Anna Mockler presiding. Council Members present were Michael Goodnow, Jane Rebelowski, Jeff Coughlin (5:35 PM), and Denise Frey. Council President Jennifer Chamberlin and Council Member Eric Younger were absent. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell, City Clerk Angela Hoover, Legislative Assistant Christine Grenier, and IT Manager Dave Sorensen. Vice President Mockler announced the City Council is conducting the Council Meeting in-person, and because community involvement is encouraged, the public is invited to also join the meeting in person, or participate via a remote option through Zoom or view on BKAT. MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:  Comprehensive Plan Transportation Element Open House on Tuesday, October 8 from 5:00 to 7:00 PM in the Meeting Chambers  Bike Safety Improvements on Washington Avenue  USS Bremerton Memorial and Navy League Park CONSENT AGENDA 4A – Check Numbers 408445 through 408554 and EFT V41875 through EFT V41947 in the grand total amount of $1,845,663.47; Regular Payroll for pay period ending September 15, 2024 in the amount of $1,088,802.69; Regular Payroll Payout for pay period ending September 15, 2024 in the amount of $1,885.74; and Retiree Payroll for pay period ending September 30, 2024 in the amount of $30,397.40 4B – Minutes of Meeting – September 18, 2024 4C – Minutes of Study Session – September 25, 2024 4D – Confirm Appointment of Susan Blackburn to the Bremerton Arts Commission 4E – Acceptance of Port Security Grant through the Federal Emergency Management Agency (FEMA) for the Purchase of a new Rescue/Fire Boat Questions or comments were submitted from the public by Craig Patti, Fire Captain. 5:38 PM M/S/C/U (Frey/Rebelowski) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously Vice President Mockler announced that as indicated on the Agenda, Public Recognition provides an opportunity for attendees to address the Council on any issue not already on tonight’s Agenda, and there will be no public comments accepted via Zoom, unless prior arrangements were made through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the meeting. She further provided a reminder that it is still Election Season; so please refrain from any endorsements or comments about candidates, or ballot measures. We only ask that you state your name for the record and please limit your comments to 3-minutes or less. A timer system will be used so that everyone is treated fairly. PUBLIC RECOGNITION – Comments from the public were provided by Joslyn LaMadrid; Angie; and Naomi Levine. City Council Reg. Mtg. Minutes Wednesday, October 2, 2024 Page 2 of 3 Vice President Mockler announced that the public is welcome to attend the City of Bremerton’s Budget Workshops on Thursday, October 24 (General Fund), Monday, October 28 (Public Works), and Thursday, November 7 (Deliberations) starting at 3:00 PM “provisionally” in the Mayor’s Conference Room. GENERAL BUSINESS – There were no General Business items… COUNCIL MEMBER REPORTS Denise Frey encouraged residents to attend a Joint District 1 & 2 District Meeting on Tuesday, October 29 from 5:30 to 7:00 PM at the Heathens Bakery located at Lebo Boulevard and Clare Avenue for a discussion on the City of Bremerton’s 20-Year Comprehensive Plan Update; and was very positive about the economic development and culture provided by local craft breweries. Jeff Coughlin appreciated Ms. Frey’s comments on breweries; thanked members of the public who spoke tonight and that it’s important to hear about the impacts of our decisions; also thanked Public Works for working on solutions with business owners to continue “streeteries” downtown; encouraged participation in the 6th Street Active Transportation Improvements Project Online Survey; was pleased with progress on the roundabout; will be planning meetings on the Comprehensive Plan soon; and attended the ribbon cutting ceremony at Mountain View Middle School today. Jane Rebelowski encouraged people to visit Bremerton High School to see beautiful fall color; mentioned that volunteers are needed and that she was pleased with the upgrades at Bremerton Foodline; and lastly, announced that the next District 4 Town Hall Meeting will be on November 21 in the Lobby at Bremerton Foodline, with the speaker to be determined. Michael Goodnow invited the community to First Friday Food Walk on October 4 from 5:00 to 7:00 PM; Calloween on Saturday, October 26 from 5:00 to 10:00 PM; volunteers are welcome for a Callow Avenue Clean-Up on October 12; the next Charleston Business District Meeting on October 15; and reported that his son lost his home during Hurricane Helene and his heart went out to the families. Anna Mockler after reporting on neighbors’ concerns and personal experiences, she then called on the Mayor, Police Chief, and City Attorney to meet with neighbors of alleged nuisance properties in a public meeting; was proud of Bremerton Police for proactive patrols; and hoped people can enjoy fall color in the next few weeks. Vice President Mockler announced that the public is welcome and encouraged to attend the next Study Session on Wednesday, October 9 beginning at 5:00 PM in the Council Conference Room in-person or remotely via Zoom, but there will be no opportunity to comment. With no further business, Vice President Mockler adjourned the Council Meeting at 6:11 PM. Prepared and Submitted by: CHRISTINE GRENIER Legislative Assistant City Council Reg. Mtg. Minutes Wednesday, October 2, 2024 Page 3 of 3 APPROVED by the City Council on the 16th day of October, 2024. ________________________________________ JENNIFER CHAMBERLIN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – October 9, 2024 Study Session Date: N/A COUNCIL MEETING Date: October 16, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on October 9, 2024 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the October 9, 2024 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 9, 2024 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, October 9, 2024 at 5:03 PM in Council Conference Room 603 located in the Norm Dicks Government Center at 345 6th Street, with Council President Jennifer Chamberlin presiding. Other Council Members present were Denise Frey, Jeff Coughlin, Jane Rebelowski, Michael Goodnow, and Anna Mockler. Council Member Eric Younger was absent. Legislative Office Manager Lori Smith provided staff support. President Chamberlin announced that the Study Sessions are always open for the public to attend in-person or view remotely. Any of the items approved for action by the Council tonight, will be placed on the October 16, 2024 Council Meeting Agenda (or as otherwise determined). It was further established that tonight’s agenda was amended to pull Item B3… And that questions or comments by the public may be submitted on any item at any time by email to City.Council@ci.bremerton.wa.us. Zoom recordings of Study Sessions will also be available online within a few days following the meeting. Due to the lack of a presenter, the following two presentations were postponed until following the Agenda Bill Briefings… A. PRESENTATIONS Began at 7:00 PM following Section B: 1. Bremerton Municipal Court 2024-2025 Safety Plan – Judge Tracy Flood; with Kyle Landry, Consultant with WA Administrative Office of the Courts and Faymous Tyra, Community Court Service Support Specialist 2. Bremerton Municipal Court 2024-2025 Improvements Plan – Judge Tracy Flood B. AGENDA BILL BRIEFINGS 1. Confirm Appointment of Jack Paauw to the Bremerton Planning Commission Consent Agenda 2. Accept Energy Efficiency & Conservation Block Grant (EECBG) from U.S. Department of Energy Consent Agenda 3. Professional Services Agreement with Kennedy Jenks for Final Design Services for Tracyton Beach Road Sewer Improvements Project Item pulled 4. Professional Services Agreement with Casey Civil, PLLC for Construction Management Services for Decommission Beach Sewer (OF-4 to EB-2) Consent Agenda 5. Contract Modification Agreement No. 1 with Commonstreet Consulting, LLC for Homelessness Response Property Management Program Services; and Budget Adjustment Consent Agenda 6. Proposed Public Hearing for Resolution in Support/Opposition of WA State Ballot Initiative 2117 Concerning Carbon Tax Credit Trading Public Hearing with no comments allowed via Zoom President Chamberlin called a break from 6:20 to 6:30 PM… 7. Overview of the 2024 Comprehensive Plan Housing Element General Business (A presentation will be provided at the October 16, 2024 City Council Meeting to receive Public Comment only with no action by the Council at this time) City Council Study Session Minutes Wednesday, October 9, 2024 Page 2 of 2 C. GENERAL COUNCIL BUSINESS – This section began at 7:37PM: 1. Public Safety Committee Briefing (Last Meeting 10/3/24) – Chair Denise Frey 2. Regional and Other Committee/Board Briefings 3. Other General Council Business was briefly discussed. President Chamberlin announced that the next Council Meeting will be on Wednesday, October 16, 2024 beginning at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center; and further established that the public is invited to attend in person or remotely, but anyone wishing to speak during Public Recognition via Zoom must submit their request through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the meeting. With no further business, the Study Session was adjourned at 8:05 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 16th day of October, 2024. JENNIFER CHAMBERLIN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 9, 2024 Confirm Appointment of Jack Paauw to the Bremerton Planning Commission COUNCIL MEETING Date: October 16, 2024 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: Mayor Wheeler is seeking confirmation for the appointment of Jack Paauw to Position 6 of the Planning Commission. This appointment is proposed to fill the remainder of an unexpired term which is December 31, 2026. ATTACHMENTS: Application to the committee. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Jack Paauw to the Planning Commission Position 6, with a current term date of December 31, 2026 COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4D From:noreply@civicplus.com To:WebMaster; Greg Wheeler; Jennifer Hayes Subject:Online Form Submittal: Application for City Boards / Commissions / Committee Date:Thursday, October 5, 2023 11:39:52 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application for City Boards / Commissions / Committee Date 10/5/2023 First Name Jack Middle Name Field not completed. Last Name Paauw Home Phone Address1 Address2 Field not completed. City Bremerton State WA Zip 98312 Occupation Real Estate Developer Employer SWG Holdings LLC Work Address1 423 Pacific Ave Work Address2 Suite 402 City Bremerton State WA Zip 98337 Work Phone 425-681-0638 Fax Field not completed. Email jack@soundwestgroup.com Field not completed. Education Local References Steve Sego, Steve Rice, Wes Larson, I am interested in serving: Planning Commission (18 years or older) Is this an application for reappointment? No How long have you lived in Bremerton 3 Why are you applying for this appointment? I believe I can make a difference within our community by sharing my lens on growth, development, economic stability, etc., by bringing my 40+ year career to the table. Which of your personal and / or professional interests prompted you to apply for this appointment? I've been following the Comp Plan updates and presentations. The planning commission is asking good questions and I'd love to help expand on those questions by bringing my national experience forward, boiling it down for what I believe is best to achieve Bremerton's long range planning ideals, and add to the discussion as we work together to achieve the ultimate goal of success for our community. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. No but heavily involved with several organizations in the area. Please list your qualifications for this appointment (include skills, activities, training, education): Registered Architect Certificate of Project Management SVP Design, Development, Construction Delivered over 4,000 multifamily units What are your community interests (committee, organizations, special activities)? Accomplished Skier, Pilot and Captain Greater Kitsap Chamber of Commerce Kitsap Building Association KEDA Please list any accommodations you need to perform volunteer duties: NA We welcome your willingness to serve Bremerton. Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form constitutes a public record and is subject to public release upon request. Prior to release, the following information may be redacted pursuant to RCW 42.56.250(3): Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, driver’s license numbers, identicard numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. Applicants are considered for appointment without regard to race, color, religion, gender, national origin, sexual orientation, age, genetic information, marital or veteran status, or the presence of any disability. Updated 3/24/2020 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 9, 2024 Accept Energy Efficiency & Conservation Block Grant (EECBG) from U.S. Department of Energy COUNCIL MEETING Date: October 16, 2024 Department: PW & U Presenter: K. Ketterer Phone: (360) 473-5334 SUMMARY: $76,670 is available to Bremerton through the EECBG which provides funds for implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency. To reduce the grant administration burden of this federal grant the City proposes to utilize the funds through a voucher rebate option toward the purchase of one (1) Hybrid Ford Explorer Police Interceptor vehicle and four (4) Recon Power Bikes for the Police Department. The new police vehicle will replace a patrol vehicle that is scheduled for replacement in 2025. The grant will cover the base cost of the vehicle but not the specialized outfitting costs for patrol vehicles. ATTACHMENTS: 1) EECBG Terms and Conditions FISCAL IMPACTS (Include Budgeted Amount): The patrol vehicle is in the 2025 budget and the e-bikes are within the Police Department’s budget authority. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy 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 04/19/2024 4E Template Version 12/19/2023 EECBG Program Special Terms and Conditions Special Terms and Conditions Entity Name:___________________________________ (“Recipient”), which is identified in the Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives and the technical milestones and deliverables stated in Attachment 1 to this Award. This Award consists of the following documents, including all terms and conditions therein: Special Terms and Conditions Attachment 1 Federal Assistance Reporting Checklist (FARC)1 Attachment 2 NEPA Determination 2 The following are incorporated into this Award by reference: • DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at http://www.eCFR.gov. • National Policy Requirements (November 12, 2020) at http://www.nsf.gov/awards/managing/rtc.jsp. • The Recipient’s application/proposal as approved by SCEP. • Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL). 1 The FARC will be provided at a later date. 2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal Special Terms and Conditions 2 Table of Contents Subpart A. General Provisions ......................................................................................................................... 4 Term 1. Legal Authority and Effect ....................................................................................................................... 4 Term 2. Flow Down Requirement ........................................................................................................................ 4 Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4 Term 5. Federal Stewardship ................................................................................................................................ 4 Term 6. NEPA Requirements ................................................................................................................................ 4 Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5 Term 8. Reporting Requirements ......................................................................................................................... 5 Term 9. Lobbying ................................................................................................................................................... 5 Term 10. Publications ............................................................................................................................................. 5 Term 11. No-Cost Extension ................................................................................................................................... 6 Term 12. Property Standards .................................................................................................................................. 6 Term 13. Insurance Coverage ................................................................................................................................. 6 Term 14. Real Property ........................................................................................................................................... 7 Term 15. Equipment ............................................................................................................................................... 7 Term 16. Supplies .................................................................................................................................................... 8 Term 17. Property Trust Relationship .................................................................................................................... 8 Term 18. Record Retention ..................................................................................................................................... 8 Term 19. Audits ....................................................................................................................................................... 8 Term 20. Indemnity ................................................................................................................................................. 9 Term 21. Foreign National Participation ................................................................................................................ 9 Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9 Subpart B. Financial Provisions ....................................................................................................................... 10 Term 23. Maximum Obligation ............................................................................................................................. 10 Term 24. Refund Obligation.................................................................................................................................. 10 Term 25. Allowable Costs ..................................................................................................................................... 10 Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10 Term 27. Use of Program Income ......................................................................................................................... 10 Term 28. Payment Procedures ............................................................................................................................. 11 Term 29. Budget Changes ..................................................................................................................................... 11 Subpart C. Miscellaneous Provisions .............................................................................................................. 12 Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12 Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12 Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14 Term 33. Contractor Change Notification ............................................................................................................ 15 Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16 Term 35. Export Control ........................................................................................................................................ 18 Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18 Term 37. Organizational Conflict of Interest ........................................................................................................ 18 Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19 Term 39. Human Subjects Research ..................................................................................................................... 20 Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21 Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21 Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21 Special Terms and Conditions 3 Term 42. Davis-Bacon Requirements ................................................................................................................... 22 Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23 Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29 Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29 Term 46. Transparency of Foreign Connections................................................................................................... 29 Term 47. Foreign Collaboration Considerations .................................................................................................. 30 Special Terms and Conditions 4 Subpart A. General Provisions Term 1. Legal Authority and Effect A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer. The Recipient may accept or reject the Award. Acknowledgement of award documents by the Recipient’s authorized representative through electronic systems used by DOE, specifically The EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/), constitutes the Recipient's acceptance of the terms and conditions of this Award. Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized representative constitutes the Recipient's electronic signature. Term 2. Flow Down Requirement The Recipient agrees to apply the terms and conditions of this Award, as applicable to all subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith. Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub contractors and to require their strict compliance therewith. Term 3. Compliance with Federal, State, and Municipal Law The Recipient is required to comply with applicable Federal, state, and local laws and regulations for all work performed under this Award. The Recipient is required to obtain all necessary Federal, state, and local permits, authorizations, and approvals for all work performed under this Award. Term 4. Inconsistency with Federal Law Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this Award must be referred to the DOE Award Administrator for guidance. Term 5. Federal Stewardship SCEP will exercise normal Federal stewardship in overseeing the project activities performed under this Award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to address deficiencies that develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the project objectives have been accomplished. Term 6. NEPA Requirements DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of Federal funds. Based on all information provided by the Recipient, SCEP has made a Special Terms and Conditions 5 NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the Application approved by the Contracting Officer and the DOE NEPA Determination. The Recipient is thereby authorized to use Federal funds for the defined project activities, except where such activity is subject to a restriction set forth elsewhere in this Award. This authorization is specific to the project activities and locations as described in the Application approved by the Contracting Officer and the DOE NEPA Determination. If the Recipient later intends to add to or modify the activities or locations as described in the approved Application and the DOE NEPA Determination, those new activities/locations or modified activities/locations are subject to additional NEPA review and are not authorized for Federal funding until the Contracting Officer provides written authorization on those additions or modifications. Should the Recipient elect to undertake activities or change locations prior to written authorization from the Contracting Officer, the Recipient does so at risk of not receiving Federal funding for those activities, and such costs may not be recognized as allowable cost share. Condition(s): NEPA Logs if conducting potentially ground disturbing activities. Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Award should be American-made. Term 8. Reporting Requirements The reporting requirements for this Award are identified on the Federal Assistance Reporting Checklist, attached to this Award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the Award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies. Term 9. Lobbying By accepting funds under this Award, the Recipient agrees that none of the funds obligated on the Award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. Term 10. Publications Special Terms and Conditions 6 The Recipient is required to include the following acknowledgement in publications arising out of, or relating to, work performed under this Award, whether copyrighted or not: • Acknowledgment: “This material is based upon work supported by the U.S. Department of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX” • Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.” Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent the views of the U.S. Department of Energy or the United States Government.” Recipients should make every effort to include the full Legal Disclaimer. However, in the event that recipients are constrained by formatting and/or page limitations set by the publisher, the abridged Legal Disclaimer is an acceptable alternative. Term 11. No-Cost Extension As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in advance if it intends to utilize a one-time, no-cost extension of this Award. The notification must include the supporting reasons and the revised period of performance. The Recipient must submit this notification in writing to the Contracting Officer and DOE Technology Manager/ Project Officer at least 30 days before the end of the current budget period. Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of this Award. Term 12. Property Standards The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316. Also see 2 CFR 910.360 for additional requirements for real property and equipment for For- Profit recipients. Term 13. Insurance Coverage Special Terms and Conditions 7 See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real property and equipment for For-Profit recipients. Term 14. Real Property Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.311 before disposing of the property. Except as otherwise provided by Federal statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose. When real property is no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity. The instructions must provide for one of the following alternatives: (1) retain title after compensating DOE as described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2 CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE as specified in 2 CFR 200.311(c)(3). See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved under a Federal award. Term 15. Equipment Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.313 before disposing of the property. Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii). Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d). When equipment acquired under a Federal award is no longer needed, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity. Disposition will be made as follows: (1) items of equipment with a current fair market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as Special Terms and Conditions 8 described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as specified in 2 CFR 200.313(e)(3). See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures. Term 16. Supplies See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices. Term 17. Property Trust Relationship Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. See 2 CFR 200.316 for additional requirements pertaining to real property, equipment, and intangible property acquired or improved under a Federal award. Term 18. Record Retention Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records relating to this Award. Term 19. Audits A. Government-Initiated Audits The Recipient must provide any information, documents, site access, or other assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector General, Government Accountability Office) for the purpose of audits and investigations. Such assistance may include, but is not limited to, reasonable access to the Recipient’s records relating to this Award. Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the Recipient’s financial records or administrative records relating to this Award at any time. Government-initiated audits are generally paid for by DOE. DOE may conduct a final audit at the end of the project period (or the termination of the Award, if applicable). Upon completion of the audit, the Recipient is required to refund to DOE any payments for costs that were determined to be unallowable. If the audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit. DOE will provide reasonable advance notice of audits and will minimize interference Special Terms and Conditions 9 with ongoing work, to the maximum extent practicable. B. Annual Independent Audits (Single Audit or Compliance Audit) The Recipient must comply with the annual independent audit requirements in 2 CFR 200.500 through .521 for institutions of higher education, nonprofit organizations, and state and local governments (Single audit), and 2 CFR 910.500 through .521 for for-profit entities (Compliance audit). The annual independent audits are separate from Government-initiated audits discussed in part A. of this Term and must be paid for by the Recipient. To minimize expense, the Recipient may have a Compliance audit in conjunction with its annual audit of financial statements. The financial statement audit is not a substitute for the Compliance audit. If the audit (Single audit or Compliance audit, depending on Recipient entity type) has not been performed or completed prior to the closeout of the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339, Remedies for Noncompliance. Term 20. Indemnity The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability, including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any character for death, bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent that such liability results from the direct fault or negligence of DOE officers, agents or employees, or to the extent such liability may be covered by applicable allowable costs provisions. Term 21. Foreign National Participation If the Recipient (including any of its contractors) anticipates involving foreign nationals in the performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific information about each foreign national to ensure compliance with the requirements for participation and access approval. The volume and type of information required may depend on various factors associated with the Award. The DOE Contracting Officer will notify the Recipient if this information is required. DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect to deny a foreign national’s access to a DOE sites, information, technologies, equipment, programs or personnel. Term 22. Post-Award Due Diligence Reviews During the life of the Award, DOE may conduct ongoing due diligence reviews, through Government resources, to identify potential risks of undue foreign influence. In the event, a risk is identified, DOE may require risk mitigation measures, including but not limited to, requiring an individual or entity not participate in the Award. Special Terms and Conditions 10 Subpart B. Financial Provisions Term 23. Maximum Obligation The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13 of the Assistance Agreement to this Award. Term 24. Refund Obligation The Recipient must refund any excess payments received from SCEP, including any costs determined unallowable by the Contracting Officer. Upon the end of the project period (or the termination of the Award, if applicable), the Recipient must refund to SCEP the difference between (1) the total payments received from SCEP, and (2) the Federal share of the costs incurred. Refund obligations under this Term do not supersede the annual reconciliation or true up process if specified under the Indirect Cost Term. Term 25. Allowable Costs SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2 CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient must document and maintain records of all project costs, including, but not limited to, the costs paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient claims as cost sharing, including in-kind contributions. The Recipient is responsible for maintaining records adequate to demonstrate that costs claimed have been incurred, are reasonable, allowable and allocable, and comply with the cost principles. Upon request, the Recipient is required to provide such records to SCEP. Such records are subject to audit. Failure to provide SCEP adequate supporting documentation may result in a determination by the Contracting Officer that those costs are unallowable. The Recipient is required to obtain the prior written approval of the Contracting Officer for any foreign travel costs. Term 26. Decontamination and/or Decommissioning (D&D) Costs Notwithstanding any other provisions of this Award, the Government shall not be responsible for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning (D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Award, whether said work was performed prior to or subsequent to the effective date of the Award. Term 27. Use of Program Income If the Recipient earns program income during the project period as a result of this Award, the Special Terms and Conditions 11 Recipient must add the program income to the funds committed to the Award and used to further eligible project objectives. Term 28. Payment Procedures A. Method of Payment Payment will be made by reimbursement by CFO through ACH. Equipment rebate voucher applications will be approved for payment by DOE once the equipment has been installed and all required documentation has been provided. B. Payments All payments are made by electronic funds transfer to the bank account identified attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account. C. Unauthorized Drawdown of Federal Funds For each budget period, the Recipient may not spend more than the Federal share authorized to that award, without specific written approval from the Contracting Officer. The Recipient must immediately refund SCEP any amounts spent in excess of the authorized amount. A. Supporting Documents for Agency Approval of Payments DOE may request additional information from the Recipient to support the payment requests prior to release of funds, as deemed necessary. The Recipient is required to comply with these requests. Supporting documents include invoices, copies of contracts, vendor quotes, proof of installation and other expenditure explanations that justify the payment requests. Term 29. Budget Changes A. Budget Changes Generally The Contracting Officer has reviewed and approved the budget in Attachment 1 to this Award. Any increase in the total project cost, whether DOE share or Cost Share, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be approved in advance and in writing by the Contracting Officer. Any change that alters the project scope, milestones or deliverables requires prior written approval of the Contracting Officer. SCEP may deny reimbursement for any failure to comply with the requirements in this term. Special Terms and Conditions 12 B. Transfers of Funds Among Direct Cost Categories The Recipient is required to obtain the prior written approval of the Contracting Officer for any transfer of funds among direct cost categories where the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total project cost stated in the budget on the recipient’s application. The Recipient is required to notify the DOE Technology Manager/Project Officer of any transfer of funds among direct cost categories where the cumulative amount of such transfers is equal to or below 10 percent of the total project cost, stated in the budget on the recipient’s application. Subpart C. Miscellaneous Provisions Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities With respect to the performance of any portion of the work under this Award which is performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H requirements of the operator of such site. Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall contact the site facility manager for information on DOE and site-specific ES&H requirements. The Recipient is required apply this provision to its contractors. Term 31. System for Award Management and Universal Identifier Requirements A. Requirement for Registration in the System for Award Management (SAM) Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe Recipient must maintain the currency of its information in SAM until the Recipient submits the final financial report required under this Award or receive the final payment, whichever is later. This requires that the Recipient reviews and updates the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. B. Unique Entity Identifier (UEI) SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no longer have to go to a third-party website to obtain their identifier. This information Special Terms and Conditions 13 is displayed on SAM.gov. If the Recipient is authorized to make subawards under this Award, the Recipient: i. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from the Recipient unless the entity has provided its UEI number to the Recipient. ii. May not make a subaward to an entity unless the entity has provided its UEI number to the Recipient. C. Definitions For purposes of this award term: i. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at ). ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier that will be assigned by SAM.gov upon registration. iii. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, subpart C: 1. A Governmental organization, which is a State, local government, or Indian Tribe. 2. A foreign public entity. 3. A domestic or foreign nonprofit organization. 4. A domestic or foreign for-profit organization. 5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. iv. Subaward: 1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the Recipient received this Award and that the Recipient awards to an eligible subrecipient. 2. The term does not include the Recipient’s procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients Special Terms and Conditions 14 and Contractors and/or 2 CFR 910.501 Audit requirements, (f) Subrecipients and Contractors). 3. A subaward may be provided through any legal agreement, including an agreement that the Recipient considers a contract. v. Subrecipient means an entity that: 1. Receives a subaward from the Recipient under this Award; and 2. Is accountable to the Recipient for the use of the Federal funds provided by the subaward. Term 32. Nondisclosure and Confidentiality Agreements Assurances A. By entering into this agreement, the Recipient attests that it does not and will not require its employees or contractors to sign internal nondisclosure or confidentiality agreements or statements prohibiting or otherwise restricting its employees or contactors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. B. The Recipient further attests that it does not and will not use any Federal funds to implement or enforce any nondisclosure and/or confidentiality policy, form, or agreement it uses unless it contains the following provisions: i. ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’’ ii. The limitation above shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, Special Terms and Conditions 15 other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure or confidentiality forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law. Term 33. Contractor Change Notification Except for contractors specifically proposed as part of the Recipient’s Application for award, the Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to the execution of new or modified contract agreements, including naming any To Be Determined contractors. This notification does not constitute a waiver of the prior approval requirements outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from its obligation to comply with applicable Federal statutes, regulations, and executive orders. In order to satisfy this notification requirement, the Recipient documentation must, as a minimum, include the following: • A description of the service to be provided or the equipment to be purchased. • An assurance that the process undertaken by the Recipient to solicit the contractor complies with their written procurement procedures as outlined in 2 CFR 200.317 through 200.327. • An assurance that no planned, actual or apparent conflict of interest exists between the Recipient and the selected contractor and that the Recipient’s written standards of conduct were followed.3 • A completed Environmental Questionnaire, if applicable. • An assurance that the contractor is not a debarred or suspended entity. • An assurance that all required award provisions will be flowed down in the resulting contract agreement. 3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these situations also create at a minimum an apparent conflict of interest. Special Terms and Conditions 16 The Recipient is responsible for making a final determination to award or modify contractor agreements under this agreement, but the Recipient may not proceed with the contractor agreement until the Contracting Officer determines, and provides the Recipient written notification, that the information provided is adequate. Should the Recipient not receive a written notification of adequacy from the Contracting Officer within 30 days of the submission of the contractor documentation stipulated above, the Recipient may proceed to award or modify the proposed contractor agreement. Term 34. Recipient Integrity and Performance Matters A. General Reporting Requirement If the total value of your currently active Financial Assistance awards, grants, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this term. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. B. Proceedings About Which You Must Report Submit the information required about each proceeding that: i. Is in connection with the award or performance of a Financial Assistance, cooperative agreement, or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following: 1. A criminal proceeding that resulted in a conviction, as defined in paragraph E of this award term and condition; 2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3. An administrative proceeding, as defined in paragraph E of this term, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or Special Terms and Conditions 17 4. Any other criminal, civil, or administrative proceeding if: a. It could have led to an outcome described in paragraph B.iii.1, 2, or 3 of this term; b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and c. The requirement in this term to disclose information about the proceeding does not conflict with applicable laws and regulations. C. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this term. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. D. Reporting Frequency During any period of time when you are subject to the requirement in paragraph A of this term, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, Financial Assistance awards, (including cooperative agreement awards) with a cumulative total value greater than $10,000,000, must disclose semiannually any information about the criminal, civil, and administrative proceedings. E. Definitions For purposes of this term: i. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or Financial Assistance awards. It does not include audits, site visits, corrective plans, or inspection of deliverables. ii. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active Financial Assistance awards, cooperative agreements and procurement contracts includes— Special Terms and Conditions 18 1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and 2. The value of all expected funding increments under a Federal award and options, even if not yet exercised. Term 35. Export Control The United States government regulates the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. to protect national security, foreign policy, and economic interests without imposing undue regulatory burdens on legitimate international trade. There is a network of Federal agencies and regulations that govern exports that are collectively referred to as “Export Controls.” The Recipient is responsible for ensuring compliance with all applicable United States Export Control laws and regulations relating to any work performed under a resulting award. The Recipient must immediately report to DOE any export control violations related to the project funded under this award, at the recipient or subrecipient level, and provide the corrective action(s) to prevent future violations. Term 36. Interim Conflict of Interest Policy for Financial Assistance The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- requirements-financial-assistance. This policy is applicable to all non-Federal entities applying for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant, cooperative agreement, or technology investment agreement) and, through the implementation of this policy by the entity, to each Investigator who is planning to participate in, or is participating in, the project funded wholly or in part under this Award. The term “Investigator” means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a project funded by DOE or proposed for funding by DOE. The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports. Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide DOE with an initial FCOI report that includes all FCOIs (i.e., managed and unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be in full compliance with the other requirements set forth in DOE’s interim COI Policy. Term 37. Organizational Conflict of Interest Organizational conflicts of interest are those where, because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to Special Terms and Conditions 19 be impartial in conducting procurement action involving a related organization (2 CFR 200.318(c)(2)). The Recipient must disclose in writing any potential or actual organizational conflict of interest to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in a procurement or transaction using project funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe. For a list of the information that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest Policy for Financial Assistance at https://www.energy.gov/management/department-energy- interim-conflict-interest-policy-requirements-financial-assistance. If the effects of the potential or actual organizational conflict of interest cannot be avoided, neutralized, or mitigated, the Recipient must procure goods and services from other sources when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR 200.340 unless continued performance is determined to be in the best interest of the Federal government. The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring contractor compliance with this term. If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest. Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non-Federal funds) to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video Special Terms and Conditions 20 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. See Public Law 115-232, section 889 for additional information. Term 39. Human Subjects Research Research involving human subjects, biospecimens, or identifiable private information conducted with Department of Energy (DOE) funding is subject to the requirements of DOE Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection of Human Subjects. Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of all proposed human subjects research projects. The IRB is an interdisciplinary ethics board responsible for ensuring that the proposed research is sound and justifies the use of human subjects or their data; the potential risks to human subjects have been minimized; participation is voluntary; and clear and accurate information about the study, the benefits and risks of participating, and how individuals’ data/specimens will be protected/used, is provided to potential participants for their use in determining whether or not to participate. The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and the certification identified in item 2 below to DOE prior to initiation of any project that will involve interactions with humans in some way (e.g., through surveys); analysis of their identifiable data (e.g., demographic data and energy use over time); asking individuals to test devices, products, or materials developed through research; and/or testing of commercially available devices in buildings/homes in which humans will be present. Note: This list of examples is illustrative and not all inclusive. No DOE funded research activity involving human subjects, biospecimens, or identifiable private information shall be conducted without: Special Terms and Conditions 21 1) A registration and a Federal Wide Assurance of compliance accepted by the Office of Human Research Protection (OHRP) in the Department of Health and Human Services; and 2) Certification that the research has been reviewed and approved by an Institutional Review Board (IRB) provided for in the assurance. IRB review may be accomplished by the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of the DOE national laboratories, by the DOE national laboratory IRB. The Recipient is responsible for ensuring all subrecipients comply and for reporting information on the project annually to the DOE Human Subjects Research Database (HSRD) at https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home. Note: If a DOE IRB is used, no end of year reporting will be needed. Additional information on the DOE Human Subjects Research Program can be found at: https://science.osti.gov/ber/human-subjects Term 40. Fraud, Waste and Abuse The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity, economy and efficiency of DOE’s programs and operations including deterring and detecting fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department of Energy activities to include grants, cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit https://www.energy.gov/ig/ig-hotline. Additionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatory disclosures, which states: The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award including the term and condition outlined in appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements Term 41. Reporting, Tracking and Segregation of Incurred Costs Special Terms and Conditions 22 BIL funds can be used in conjunction with other funding, as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the BIL and related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate records for BIL funds and must ensure those records comply with the requirements of the BIL. Funding provided through the BIL that is supplemental to an existing grant or cooperative agreement is one-time funding. Term 42. Davis-Bacon Requirements This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2,000 on an award funded directly by or assisted in whole or in part by funds made available under this award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA). Recipients shall provide written assurance acknowledging the DBA requirements for the award or project and confirming that all of the laborers and mechanics performing construction, alteration, or repair, through funding under the award are paid or will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act). The Recipient must comply with all of the Davis-Bacon Act requirements, including but not limited to: (1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts. (2) being responsible for compliance by any subcontractor with the Davis-Bacon labor standards. (3) receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy and to identify potential compliance issues. (4) maintaining original certified weekly payrolls for 3 years after the completion of the project and must make those payrolls available to the DOE or the Department of Labor upon request, as required by 29 CFR 5.6(a)(2). (5) conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subcontractors and as requested or directed by the DOE. (6) cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation. Special Terms and Conditions 23 (7) posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects. (8) notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, , contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14; disputed labor standards determinations; Department of Labor investigations; or legal or judicial proceedings related to the labor standards under this Contract, a subcontract, or subrecipient award. (9) preparing and submitting to the Contracting Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year. Form submittal will be administered through the iBenefits system (https://doeibenefits2.energy.gov) or its successor system. The Recipient must undergo Davis-Bacon Act compliance training and must maintain competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events. The Department of Energy has contracted with, a third-party DBA electronic payroll compliance software application. The Recipient must ensure the timely electronic submission of weekly certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software. Davis Bacon Act Electronic Certified Payroll Submission Waiver A waiver must be granted before the award starts. The applicant does not have the right to appeal SCEP’s decision concerning a waiver request. For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in- construction. Term 43. Buy American Requirement for Infrastructure Projects *NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this section if your total EECBG Program award is less than $250,000. Special Terms and Conditions 24 A. Definitions Components are defined as the articles, materials, or supplies incorporated directly into the end manufactured product(s). Construction Materials are an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is used in an infrastructure project and is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, drywall, coatings (paints and stains), optical fiber, clay brick; composite building materials; or enginSCEPd wood products. Domestic Content Procurement Preference Requirement- means a requirement that no amounts made available through a program for federal financial assistance may be obligated for an infrastructure project unless— (A) all iron and steel used in the project are produced in the United States; (B) the manufactured products used in the project are produced in the United States; or (C) the construction materials used in the project are produced in the United States. Also referred to as the Buy America Requirement. Infrastructure includes, at a minimum, the structures, facilities, and equipment located in the United States, for: roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and generation, transportation, and distribution of energy - including electric vehicle (EV) charging. The term “infrastructure” should be interpreted broadly, and the definition provided above should be considered as illustrative and not exhaustive. Special Terms and Conditions 25 Manufactured Products are items used for an infrastructure project made up of components that are not primarily of iron or steel; construction materials; cement and cementitious materials’ aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Primarily of iron or steel means greater than 50% iron or steel, measured by cost. Project- means the construction, alteration, maintenance, or repair of infrastructure in the United States. Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure should be considered “public” if it is: (1) publicly owned or (2) privately owned but utilized primarily for a public purpose. Infrastructure should be considered to be “utilized primarily for a public purpose” if it is privately operated on behalf of the public or is a place of public accommodation. B. Buy America Requirement None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless: 1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and Special Terms and Conditions 26 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America Requirement only applies to articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project. C. Certification of Compliance The Recipient must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this Award. The Recipient must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the Recipient. The Recipient must keep these certifications with the award/project files and be able to produce them upon request from DOE, auditors or Office of Inspector General. Special Terms and Conditions 27 D. Waivers When necessary, the Recipient may apply for, and DOE may grant, a waiver from the Buy America Requirement. Requests to waive the application of the Buy America Requirement must be in writing to the Contracting Officer. Waiver requests are subject to review by DOE and the Office of Management and Budget, as well as a public comment period of no less than 15 calendar days. Waivers must be based on one of the following justifications: 1. Public Interest- Applying the Buy America Requirement would be inconsistent with the public interest; 2. Non-Availability- The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or 3. Unreasonable Cost- The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. Requests to waive the Buy America Requirement must include the following: • Waiver type (Public Interest, Non-Availability, or Unreasonable Cost); • Recipient name and Unique Entity Identifier (UEI); • Award information (Federal Award Identification Number, Assistance Listing number); • A brief description of the project, its location, and the specific infrastructure involved; • Total estimated project cost, with estimated federal share and recipient cost share breakdowns; • Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns; • List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each; Special Terms and Conditions 28 • A detailed justification as to how the non-domestic item(s) is/are essential the project; • A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and non-proprietary communications with potential suppliers; • A justification statement—based on one of the applicable justifications outlined above—as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America-compliant bids received for domestic products in response to a solicitation; and • Anticipated impact to the project if no waiver is issued. The Recipient should consider using the following principles as minimum requirements contained in their waiver request: • Time-limited: Consider a waiver constrained principally by a length of time, rather than by the specific project/award to which it applies. Waivers of this type may be appropriate, for example, when an item that is “non-available” is widely used in the project. When requesting such a waiver, the Recipient should identify a reasonable, definite time frame (e.g., no more than one to two years) designed so that the waiver is reviewed to ensure the condition for the waiver (“non-availability”) has not changed (e.g., domestic supplies have become more available). • Targeted: Waiver requests should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) as necessary and justified. Waivers should not be overly broad as this will undermine domestic preference policies. • Conditional: The Recipient may request a waiver with specific conditions that support the policies of IIJA/BABA and Executive Order 14017. DOE may request, and the Recipient must provide, additional information for consideration of this wavier. DOE may reject or grant Special Terms and Conditions 29 waivers in whole or in part depending on its review, analysis, and/or feedback from OMB or the public. DOEs final determination regarding approval or rejection of the waiver request may not be appealed. Waiver requests may take up to 90 calendar days to process. Term 44. Affirmative Action and Pay Transparency Requirements All federally assisted construction contracts exceeding $10,000 annually will be subject to the requirements of Executive Order 11246: (1) Recipients and contractors are prohibited from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. (2) Recipients and contractors are required to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. This includes flowing down the appropriate language to all subrecipients, contractors and subcontractors. (3) Recipients and contractors are prohibited from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, under certain circumstances, the pay of their co-workers. The Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical Assistance Guide 4 should be consulted to gain an understanding of the requirements and possible actions the recipients, subrecipients, contractors and subcontractors must take. Term 45. Potentially Duplicative Funding Notice If the Recipient have or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds (i.e., recipient cost share and federal funds) from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under this Award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding. Term 46. Transparency of Foreign Connections 4 See OFCCP’s Technical Assistance Guide at: https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec 9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp Special Terms and Conditions 30 During the term of the Award, the Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient or contractors: 1. The existence of any joint venture or subsidiary that is based in, funded by, or has a foreign affiliation with any foreign country of risk; 2. Any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a country of risk or foreign entity based in a country of risk; 3. Any current or pending change in ownership structure of the Recipient or contractors that increases foreign ownership related to a country of risk; 4. Any current or pending venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of risk; 5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and 6. Any current or pending foreign business entity, offshore entity, or entity outside the United States related to the Recipient or subrecipient. Term 47. Foreign Collaboration Considerations a. Consideration of new collaborations with foreign organizations and governments. The Recipient must provide DOE with advanced written notification of any potential collaboration with foreign entities, organizations or governments in connection with its DOE-funded award scope. The Recipient must await further guidance from DOE prior to contacting the proposed foreign entity, organization or government regarding the potential collaboration or negotiating the terms of any potential agreement. b. Existing collaborations with foreign entities, organizations and governments. The Recipient must provide DOE with a written list of all existing foreign collaborations in which has entered in connection with its DOE-funded award scope. c. Description of collaborations that should be reported: In general, a collaboration will involve some provision of a thing of value to, or from, the Recipient. A thing of value includes but may not be limited to all resources made available to, or from, the recipient in support of and/or related to the Award, regardless of whether or not they have monetary value. Things of value also may include in-kind contributions (such as office/laboratory space, data, equipment, supplies, employees, students). In-kind contributions not intended for direct use on the Award but resulting in provision of a thing of value from or to the Award must also be reported. Collaborations do not include routine workshops, conferences, use of the Recipient’s services and facilities by foreign investigators resulting from its standard published Special Terms and Conditions 31 process for evaluating requests for access, or the routine use of foreign facilities by awardee staff in accordance with the Recipient’s standard policies and procedures. ________________________________________________________________ Authorized Signature Date Name: Title: Entity Name: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 9, 2024 Professional Services Agreement with Casey Civil, PLLC for Construction Management Services for Decommission Beach Sewer (OF-4 to EB-2) COUNCIL MEETING Date: October 16, 2024 Department: Public Works & Utilities Presenter: David Powell Phone: (360) 473-5268 SUMMARY: Construction management for the Decommission Beach Sewer (OF-4 to EB-2) project in Manette involves close coordination and communication with the contractor, residents, regulatory agencies, archeologist, utilities, and tribes. Although a City inspector will be on site full time, external construction management support is needed in order to effectively deliver this project. Staff has negotiated a scope of work with Casey Civil, PLLC in the amount of $277,669. ATTACHMENTS: 1. Agreement ; 2. Location Map FISCAL IMPACTS (Include Budgeted Amount): The Decommission Beach Sewer in Manette (OF- 4 to EB-2) is identified in the 2025-2030 Capital Improvement Program as CIP Project ID# WW0004 for $4.05M. This project is currently approved for a low interest SFR Loan (Agreement No. WQC- 2020-BremPW -00066) through the Department of Ecology for $2.3M. Staff will be asking Ecology for an increase in the loan amount after contractor bids are opened. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the agreement for Construction Management Services for Decommission Beach Sewer (OF-4 to EB-2) to Casey Civil, PLLC in the amount of $277,669, including sales tax, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4F Item pulled AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 9, 2024 Contract Modification Agreement No. 1 with Commonstreet Consulting, LLC for Homelessness Response Property Management Program Services; and Budget Adjustment COUNCIL MEETING Date: October 16, 2024 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City would to execute Amendment 1 to the agreement with Commonstreet Consulting, LLC. The homelessness response rate was initially estimated to be at a rate of 21 cases per month but has resulted in an actual rate of 46 cases per month. As a result, the City would like to request a budget adjustment from existing funds from the Parking Fund balance for the additional $46,467.50 and in support of this amendment. ATTACHMENTS: Amendment 1 to the Agreement with Commonstreet Consulting, LLC FISCAL IMPACTS (Include Budgeted Amount): $46,647.50 from Parking Fund balance STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve, a budget adjustment in the amount of $46,647.50 to the parking fund, from existing reserves, and authorize the Mayor to finalize and execute Amendment 1 to the Commonstreet Consulting, LLC homelessness response services agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4G Page 1 of 3 Contract Modification no. 1 Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND COMMONSTREET CONSULTING, LLC, COB contract no. 6635 Homelessness Response Property Management Program Services September 1, 2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Common Street Consulting, LLC on January 25, 2024, 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: The estimated monthly visits has increased from 21 per month to an annual average of 46 per month resulting in the following changes to the estimated annual labor costs prorated through December 31, 2024 and effective September 1, 2024. Job title Units (Per Month) actual rate OLD Labor Cost ($1 per Month) NEW Labor Cost ($1 per Month) Differenc e Estimate Labor Costs (4 remaining months) Principal/Sr. Advisor/Program Mgr. 8 304 $1,530 $2,432 $902 $4,510 Project/Property Manager 38 188 $3,760 $7,144 $3,384 $16,920 ROW Agent (s) 94 125 $8,750 $11,750 $3,000 $15,000 Project Controls Specialist/ROW Tech 35 115 $2,070 $4,025 $1,955 $9,775 Other Direct Expenses (ODE) Mileage per visit 46 (visits) 0.655 $1,293 $1,346 $52.50 $262.50 Other Direct Expenses (ODE) Printing, Job Supplies, PPE, Etc. 1 250 $250.00 $250 $0.00 $0.00 Total $26,946.50 $46,467.50 Section III. Compensation , is modified as follows: The original contract amount was Two-hundred Twelve Thousand Dollars ($212,000 .00). The City shall pay the Consultant for the additional work described above, based on time and materials, Page 2 of 3 Contract Modification no. 1 Rev. 09/2021 an amount not to exceed Forty-six thousand, four hundred sixty-seven dollars and fifty cents ($46,467.50) for a total amended contract amount of two hundred fifty-eight thousand, four- hundred sixty-seven dollars and fifty cents ($258,467.50), including this Contract Modification. 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. 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. COMMONSTREET CONSULTING, LLC THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk Page 3 of 3 Contract Modification no. 1 Rev. 09/2021 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Aaron Elton Police Captain City of Bremerton Police Dept. 1025 Burwell St. Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx Published for October 16 Council Meeting Item 5A Public Recognition 10/16/2024 Bremerton City Council: My name is Joslyn LaMadrid, and I am with the Bremerton Prayer Walk and Rock the Block. I continue to write to the city council and speak to implementation of the anti-camping ordinance and the disproportionate and targeted enforcement thereof. I continue to be concerned about absolutely unconstitutional destruction and disposal of personal property by the city. I again acknowledge the Supreme Court case of City of Grants Pass v. Johnson, 23-175 (Supreme Court 2024) that was recently handed down, which only emboldened cities to criminalize homelessness. The stories that I am hearing constitute grave constitutional violations, and put our beautiful city in peril. We are better than this, and I implore you to take action. I generally try to address this city counsel from a humanity standpoint, as I believe everyone has value, and everyone is worthy of being treated with dignity and respect. There is not one person I have met in 4.5 years of consistent interaction that would have chosen this route. There is not one homeless person that wants to be homeless even if that is their current choice. There is not one person suffering from addiction or mental illness that sought this lifestyle out and is enthusiastic about maintaining this type of life. This could be anyone of us on the streets. It could be our family. There are so many different facets to this problem, and there is not one solution that will address and correct it. The Supreme Court clearly pointed out at length the other safeguards in place to protect its citizens from overbearing governments. 1 As identified below, the 8th amendment is NOT the only constitutional constraint being violated. For example, enforcement of the Bremerton ordinance is specifically targeting a select group of people ONLY. Not only are people barred from city property and subjected to criminal trespass charges, the officers are incorrectly taking people’s items and disposing of them without an opportunity for a hearing or a way to retrieve their personal belongings. This is in direct violation of the 4th Amendment to the United States Constitution and its Washington counterpart. Furthermore, this emboldened police force is 1 The Constitution and its Amendments impose a number of limits on what governments in this country may declare to be criminal behavior and how they may go about enforcing their criminal laws. Familiarly, the First Amendment prohibits governments from using their criminal laws to abridge the rights to speak, worship, assemble, petition, and exercise the freedom of the press. The Equal Protection Clause of the Fourteenth Amendment prevents governments from adopting laws that invidiously discriminate between persons. The Due Process Clauses of the Fifth and Fourteenth Amendments ensure that officials may not displace certain rules associated with criminal liability that are “so old and venerable,” “‘so rooted in the traditions and conscience of our people[,] as to be ranked as fundamental.’” Kahler v. Kansas, 589 U. S. 271, 279 (2020) (quoting Leland v. Oregon, 343 U. S. 790, 798 (1952)). The Fifth and Sixth Amendments require prosecutors and courts to observe various procedures before denying any person of his liberty and property, promising for example that every person enjoys the right to confront his accusers and have serious criminal charges resolved by a jury of his peers. One could go on. Martin, at 8. broadening the ordinance to include any resting on public property will not be allowed, as individuals are constantly having to move according to the police or risk jail. This is NOT at all what the ordinance says. I would direct your attention to the plain language of the ordinance. 2 It deals specifically with camping paraphernalia, not a person! While we have not seen widespread litigation in this community as of yet, I assure you that we are not exempt from legal challenges. It is absolutely incomprehensible to me to think there has been so much garbage collected in enforcing this ordinance, and absolutely zero personal property to have been collected. (See Mayor Wheeler's comments at the September 18, 2024, hearing, as well as his information submitted). See also the city’s procedures that were given to me in response to my statement last council meeting (October 2, 2024) in which city officials acknowledge there is very little personal property that was left, and this is based upon hearsay of a third party organization. We have taken pictures of people’s belongings before and after enforcement, and a whole plethora of personal property including medical supplies and devices, tents, sleeping bags, electronics, phones, clothes and other property has been discarded without a second thought of this administration. This is not in accordance with our very own regulations regarding the same. SEE The City's rules for cleanup in an unauthorized encampment. Photographs are to be taken, inventory of personal property, and an opportunity to retrieve this property MUST be provided. 3 On a solution side of this issue, you have a disconnect between the resources available and those being offered. There are simply not enough resources for those on the streets. I have had numerous conversations with people who truly want to come off the streets. There is no detox, there is no treatment, there is no supportive housing available for those after they have gone 3 Prior to cleaning up the Unauthorized Encampment, photographs will be taken of the Encampment showing all abandoned property, garbage, waste, and debris in the area to accurately depict the condition of the Encampment at the time of removal. It is recommended that photographs be taken of Personal Property, both collected for storage or disposed of, unless hazards exist, and it would be unsafe to do so at the time the Encampment is removed. All photographs will be sent to Code Enforcement to be uploaded into SmartGov and assigned a case number by Code Enforcement. Page 5 of the City of Bremerton Risk Management, Removal of Unauthorized Encampments, revised 10/26/23. 2 9.32.020 UNAUTHORIZED CAMPING IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by City Code or ordinance, it shall be unlawful for any person to camp in any park or other public place. This prohibition does not include the use of camping paraphernalia and camping facilities consistent with park rules established by the Parks Director at times parks are open to the public pursuant to BMC 13.04.150. (Ord. 5496 §1, 2024; Ord. 5482 §1, 2023; Ord. 4898 §1, 2004) 9.32.030 UNAUTHORIZED STORAGE IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040, Chapter 10.10 BMC, or as otherwise provided by City Code or ordinance, it shall be unlawful for any person to store, pitch or park camping facilities or to store or pitch camping paraphernalia in any park or other public place. This prohibition does not include the use of camping paraphernalia and camping facilities consistent with park rules established by the Parks Director at times parks are open to the public pursuant to BMC 13.04.150. (Ord. 5496 §1, 2024; Ord. 5482 §1, 2023; Ord. 4898 §1, 2004) through treatment. I have found so many ending up back on the street after finishing treatment because there are no other options. Nobody wants to relapse and start over, and yet these are the predicaments they are faced with. There are so many individuals we have lost contact with so many beautiful individuals who have some hope. I have a pregnant woman on the streets currently that I cannot find during the time to get her into a bed. There are several more who have received housing that we are unable to locate after years of waiting on a list. We have individuals getting arrested and rearrested for trespassing that literally are just resting. We are allowed to rest in this country. We are allowed to exist in this country. It is absolutely incredible to me how so many can sit by while there is such atrocity being carried out in our community. There are significant concerns that should raise red flags for this council. Our solution to this problem is way out of control and I hope and pray we can start to protect our most vulnerable. We don’t have the resources and the answer should not be jail. This is public property, and everyone in our community is entitled to utilize it. Our city government holds the property in trust for the entire community. Not just those who own a house. I would continue to encourage you to take some measures, the least of which should be an independent legal inquiry to the constitutionality of this ordinance, both in the plain language of the ordinance and the selected and targeted illegal enforcement by a police department that is not operating within the confines of the law. 4 Thank you for your time. I continue to pray for this city, and for each of you on this council to hear the potential liabilities and the extreme danger this type of aggressive campaign puts our city in. Most importantly though, this is not how we treat people in a civilized community. The enforcement of this ordinance should shock the conscience of each one of our citizens. Respectfully submitted, Joslyn LaMadrid Bremerton Prayer Walk and Rock the Block 4 It is always considered unlawful police action when acting outside the scope of their authority. In this case, the police harassing individuals to prevent them from existing falls outside the scope of the anti-camping ordinance. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 9, 2024 Resolution No. 3388 in Support/Opposition of WA State Ballot Initiative 2117 Concerning Carbon Tax Credit Trading COUNCIL MEETING Date: October 16, 2024 Department: City Attorney Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: Initiative 2117 would prohibit state agencies from implementing a cap-and-trade or cap- and-tax program. Additionally, it would repeal the 2021 Washington Climate Commitment Act (CCA), a state law that created a cap-and-invest carbon program to reduce greenhouse gas emissions by 95% by 2050 and prepare the state for a future low-carbon economy. RCW 42.17A.555(1) authorizes the City Council to take action to express a collective decision, or to actually vote upon a motion, proposal, or ordinance, or to support or oppose a ballot measure so long as (a) the agenda includes the title and number of the ballot proposition, and (b) members of the public and councilmembers are afforded an approximately equal opportunity to express an opposing view. The attached Resolution is written to be modified to be either in support or opposition. The Council could pass a resolution in support of Initiative 2117, pass a resolution opposing Initiative 2117, or decide not to take any action at all. ATTACHMENTS: Resolution No. 3388 FISCAL IMPACTS: The only project that has currently been approved that includes Climate Commitment Act funding is the View Ridge Elementary – Almira Drive Phase 1 project that was awarded $4.155M. Bremerton project funding awards that are contingent on Climate Commitment Act funding:  $500k for the Warren Avenue Bridge Project design phase.  $5.912M for the View Ridge Elementary – Almira Drive Phase 2 design and construction phase. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION LANGUAGE: Move to adopt Resolution ____ supporting Washington State Ballot Initiative 2117 Concerning Carbon Tax Credit Trading. Move to adopt Resolution ____ opposing Washington State Ballot Initiative 2117 Concerning Carbon Tax Credit Trading. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A Page 1 of 2 Concerning Washington State Ballot Initiative 2117 RESOLUTION NO. 3388 A RESOLUTION of the City Council of the City of Bremerton, Washington, in [Support/Opposition] of Washington State Ballot Initiative 2117 concerning Carbon Tax Credit Trading. WHEREAS, a ballot measure titled “Initiative Measure No. 2117 concerns carbon tax credit trading” is scheduled to go to the voters at the Washington General Election on November 5, 2024; and WHEREAS, the Office of the Secretary of State Elections Division has completed and certified signature verification for Initiative 2117; and WHEREAS, Initiative 2117 reads as follows: This measure would prohibit state agencies from imposing any type of carbon tax credit trading, including “cap and trade” or “cap and tax” programs, regardless of whether the resulting increased costs are imposed on fuel recipients or fuel suppliers. It would repeal sections of the 2021 Washington Climate Commitment Act as amended, including repealing the creation and modification of a “cap and invest” program to reduce greenhouse gas emissions by specific entities; and WHEREAS, RCW 42.17A.555(1) authorizes the City Council to take action to express a collective decision, or to actually vote upon a motion, proposal, or ordinance, or to support or oppose a ballot measure so long as (a) the agenda includes the title and number of the ballot proposition, and (b) members of the public and councilmembers are afforded an approximately equal opportunity to express an opposing view; WHEREAS, consistent with the procedural mandates of RCW 42.17A.555, the City Council considered a resolution in support or opposition of Initiative 2117 at its October 16, 2024 Regular Meeting, during which the public and Coucilmembers were given approximately equal opportunity for expression of a supporting or opposing view on Initiative 2117; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Support/Oppose. The City Council of the City of Bremerton, Washington, adopts this resolution to officially [support/oppose] Initiative 2117 concerning carbon tax credit trading. SECTION 2. Severability. If any one or more sections, subsections, or Page 2 of 2 Concerning Washington State Ballot Initiative 2117 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 of the City of Bremerton, Washington this _____ day of __________________, 2024. JENNIFER CHAMBERLIN, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk Published for October 16 Council Meeting Item 6A Public Comments & Additional Information From:Thomas Knuckey To:Bryan McConaughy/BMcConsulting; Greg Wheeler; Ned Lever; Shane Weber; Kylie Finnell; City Council Subject:RE: Update on funding impact of I-2117 Date:Wednesday, October 9, 2024 11:08:08 AM Mayor – I discussed this with Kylie and am forwarding to the City Council as public comment. Tom Knuckey, P.E. Director of Public Works & Utilities City of Bremerton Desk (360) 473-2376/Cell (360) 710-0039 tom.knuckey@bremertonwa.gov From: Bryan McConaughy/BMcConsulting <bryan@bmcconsulting.net> Sent: Wednesday, October 9, 2024 9:47 AM To: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us>; Shane Weber <Shane.Weber@ci.bremerton.wa.us> Subject: Update on funding impact of I-2117 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. Funding for the Warren Ave Bridge pedestrian project could be in jeopardy if Initiative 2117 is passed. This initiative repeals the Climate Commitment Act. The $16.8B funding Move Ahead WA package passed two years ago, included $25M for the Warren Avenue Bridge. The funding for the bridge was part of the $5.4B that was to be paid via the Climate Commitment Act. The Warren Ave Bridge project is considered a walk and bike improvement project. Senate Transportation Chair, Marko Liias, was recently quoted as saying, “It would require the whole package to be renegotiated….” Is the Gorst Widening project funding in jeopardy? Technically, the project was funded via the $11.4B portion of the Move Ahead WA transportation package that didn’t rely on the Climate Commitment Act funding. But if the Legislature decides to renegotiate the entire package, all projects are put on the table for review and potential change. We are confident that the View Ridge Safe To Schools $6M funding that was included in last session’s supplemental transportation budget will NOT be funded if Initiative 2117 passes. BMcConsulting bryan@bmcconsulting.net (206) 953-6026 From:Travis Merrigan To:City Council Subject:Oppose 2117! Date:Wednesday, October 9, 2024 2:50:15 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Council, Quick note in support of your effort to OPPOSE 2117! Our transportation and climate future depends on bold steps forward. Passing 2117 would be a bad step in the wrong direction. Thanks for your opposition! Travis Merriga From:William Looney To:City Council Subject:Our community deserves to be healthy and safe Date:Wednesday, October 9, 2024 1:02:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Chamberlin, As you know, fossil fuels pose a threat not only to our planet, but to our community. Study after study has shown that extracting, transporting, refining, and burning fossil fuels harms environmental and human health. In short, fossil fuel expansion is undercutting the good work local governments are undertaking on climate action and public health. I’m writing to you today to ask you to please pass a resolution that calls for a Fossil Fuel Non-Proliferation Treaty and pledges to stop the expansion of fossil fuels in our community (and if we've already passed one, please continue working to pass concrete policies to do the same). Passing this resolution will demonstrate your intent to keep our community healthy and safe. You’ll also be showing your support for global action against the climate crisis via the Fossil Fuel Treaty and showing your commitment to taking local action to pass SAFE (Stand Against Fossil Fuel Expansion) policies that stop fossil fuel expansion. All around us, on virtually every continent around the globe, a movement is growing. People from Canada to California from Boulder to Baltimore from the Amazon Sacred Headwaters to the Rhineland from Capetown to Jakarta – and beyond – are fighting fossil fuel expansion: and more often than not, they’re winning. The Treaty and SAFE Cities movements are connecting these neighbors, local groups, elected officials, and government staff and helping them pass policies that take concrete and lasting action to protect community health and safety and address the climate crisis. The Fossil Fuel Treaty has been endorsed by hundreds of organizations collectively representing tens of millions of people, hundreds of municipalities like ours, and 13 nation-states. It's even gaining traction within the halls of the United Nations. The Treaty is aiming to end the exploration for new fossil fuels, phase out existing production in line with a 1.5ºC scenario, and implement a just transition for every worker, community, and country. As a member of your community, I’m asking you to endorse the Fossil Fuel Treaty and show your commitment to ending the expansion of fossil fuels in and around our homes. Together, we can keep our community and planet safe from fossil fuels, speed up the shift to clean, renewable energy, and create good, long-term jobs. I look forward to hearing back from you and working with you to stop the proliferation of fossil fuels. Thank you, William Looney Silverdale, WA From:dianne iverson To:City Council Subject:No on 2117! Date:Wednesday, October 9, 2024 3:43:09 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bremerton City council members, I encourage the Council to take a stand against 2117 which is on the ballot this November. There are many reasons to vote no on 2117 but I will focus on just one. Bremerton is in the midst of change and local transportation projects such as the Almira/ Safe Routes to Schools funding and the multimodal improvements to the Warren Avenue bridge will be dramatically affected if 2117 passes. Let’s continue to make Bremerton a more livable city for our residents. The resources that would be lost for our transportation projects if 2117 were to pass would be a huge step backwards for our community. Thank you for putting this item on your agenda. Dianne Iverson Resident of Bremerton August, 2024 Initiative 2117:Concerning carbon tax credit trading About the Climate Commitment Act: Passed in 2021, the Climate Commitment Act (CCA) is the state’s landmark cap-and-invest program designed to help Washington meet its goal of reducing carbon emissions by 95% by 2050. The program sets a limit on overall carbon emissions in the state and reduces the limit over time. The program also requires Washington’s largest emitting sources and industries to purchase allowances equal to the emissions they produce. The allowances can be obtained through quarterly auctions hosted by the Department of Ecology or bought and sold on a secondary market. As the emissions cap is reduced, the cost of allowances will increase, thus incentivizing covered businesses to reduce their emissions and avoid paying steep costs for compliance. Proceeds from the CCA auctions must be invested in climate projects in Washington focused on improving clean transportation options and addressing environmental justice and health inequity. What Initiative 2117 does: If passed this November, Initiative 2117 (I-2117) would repeal the CCA, shutting the program down and eliminating the accounts to which auction revenues are deposited. The 2022 Move Ahead Washington transportation package, the state’s most recent transportation funding plan for fiscal years 2022 through 2038, depends upon $5 billion from future CCA auction revenues. Brandy DeLange Government Relations Advocate brandyd@awcnet.org Brianna Morin Policy Analyst briannam@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 8/5/24 continued on back Understanding the initiative to repeal the Climate Commitment Act. Local funding impacts A direct distribution of CCA auction revenues was not granted to local governments, but cities and towns are eligible to apply for many grant and loan programs funded by CCA revenues, representing an estimated $350 million, in the 2023-25 state budgets. If I-2117 is passed, funding for these programs may lapse (see CCA-funded programs list on back). Likewise, dozens of state and local transportation projects are slated to be funded with CCA dollars. Some of these projects may be delayed or cancelled if the initiative is passed. CCA investments in Washington Clean transportation $1.5 billion Clean buildings $528 million Clean energy $363 million Environmental justice $345 million Climate mitigation $366 million Agriculture, sequestration, methane reduction $180 million 2023-25 budget appropriations of CCA funding Transportation $1.15 billion Capital $1.4 billion Operating $692 million Total $3.2 billion Auction revenue collected to date $2.15 billion Source: WA State Office of Financial Management Source: WA State Office of Financial Management Brandy DeLange Government Relations Advocate brandyd@awcnet.org Brianna Morin Policy Analyst briannam@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 8/5/24 AWC’s role in initiatives This information is intended for educational purposes only. AWC does not take positions in support or in opposition to ballot initiatives. AWC’s role is to provide factual information that can be shared with elected officials, staff, and local communities. City elected officials may take positions on ballot measures, including statewide initiatives, using specific exceptions to the prohibition on use of public resources. City officials should familiarize themselves with Public Disclosure Commission rules regarding ballot measures. • $30 million for the Clean Alternative Fuel Vehicle Charging and Refueling Infrastructure Program • $2 million for e-bike lending library and ownership grant program • $2 million for clean alternative fuel vehicle sharing program • $20 million for grants for electrical grid integration and innovation projects • $35 million for weatherization programs • $50 million for energy retrofits and solar power for public buildings • $21 million for the Fish Barrier Removal Board • $17.6 million for Floodplains by Design • $25 million for Salmon Recovery Funding Board’s Riparian Grant Program • $35 million for low-income home energy assistance • $41 million for implementation of HB 1181 for GMA climate change planning • $10 million to support local governments and tribes in siting and permitting clean energy projects • $10.7 million for solar power demonstration projects • $20.6 million for public building owners for energy audits • $4 million for implementation of SB 5165 for electric transmission planning • $4 million for the coastal hazards grant program • $10 million for Firewise project grants • $6 million for urban forestry CCA-funded programs in the 2023-25 enacted budgets for which cities are eligible to apply State funding impacts The 2023-25 budgets appropriated $3.2 billion in CCA auction revenues to fund many programs and projects throughout the state. These appropriations are predicated on the allowance auctions scheduled from February 2023 to June 2025. If voters approve I-2117 in November, remaining auctions will not be held and the CCA revenue stream upon which the budgets are built will cease. This would result in a projected revenue shortfall of $758 million for FY 2025, and $3.9 billion through FY 2029. The state’s spending authority of $1.7 billion in CCA revenues for FY 2025 would no longer exist. See the Office of Financial Management’s full fiscal impact statement for more. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 9, 2024 Overview of the 2024 Comprehensive Plan Housing Element COUNCIL MEETING Date: October 16, 2024 Department: DCD Presenter: G. Jackson Phone: (360) 473-5289 SUMMARY: As part of the ongoing 2024 Comprehensive Plan Update, this discussion is intended to gather feedback from the City Council on the Housing Element of the City's Comprehensive Plan. The Housing element is intended to demonstrate that the City has planned for a sufficient number of housing units to account for forecasted population increases, this includes housing for different income levels and housing types. A presentation providing a full overview of the Housing Element will be provided at the meeting. The attached Memo contains resources documenting review of the Housing Element that has occurred thus far. ATTACHMENTS: Staff Memo FISCAL IMPACTS: No impact. STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Informational only. No motion is required. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 7A To: City Council From: Garrett Jackson Date: October 16, 2024 Subject: Comprehensive Plan Update Review SUMMARY As part of the ongoing 2024 Comprehensive Plan Update, this discussion is intended to gather feedback from the City Council on the Housing Element of the City's Comprehensive Plan. This Memo contains resources documenting review of the Housing Element that has occurred thus far. A presentation providing a full overview of the Housing Element will be provided at the meeting. BACKGROUND The Comprehensive Plan update is required by the Washington State Growth Management Act (GMA) in order to demonstrate that Bremerton has the capacity to absorb population and employment increases forecast to the year 2044. Population estimates indicate that the City will grow to 63,757 persons and 58,258 jobs by 2044; this means the City is forecast to increase its population by over 46%, with a 32% increase in the number of jobs. The Bremerton Comprehensive Plan must conform to the Washington State Growth Management Act, Puget Sound Regional Council (PSRC) Vision 2050, and the Kitsap Regional Coordinating Council (KRCC) Countywide Planning Policies. More information about the Bremerton Comprehensive Planning process can be found at Bremerton2044.com . HOUSING ELEMENT, REVIEW RESOURCES The Housing element is intended to demonstrate that the City has planned for a sufficient number of housing units to account for forecasted population increases, this includes housing for different income levels and housing types. The links below will provide information packets from individual workshops where the Housing Element was discussed; videos of these meetings can be found at Bremerton2044.com.  March 20, 2023 Planning Commission Workshop, Housing Element review  September 18, 2023 Planning Commission Workshop, Housing Element review  September 16, 2024 Planning Commission Workshop, Housing Appendix review  Draft Housing Appendix, available with other draft documents on Bremerton2044.com  What are the Root Causes of Homelessness? Informational video DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Review 2 What is the Comprehensive Plan? 20-year Development Plan •Housing •Environment •Transportation •City Services •And more 3 Growth Management Act (GMA) Comprehensive Planning 4 Comprehensive Plan Process: Growth Management Act (RCW 36.70A): Plan for growth Puget Sound Regional Council (PSRC): Plan for growth regionally Kitsap Regional Coordinating Council (KRCC): Ensure GMA is met at a Countywide level through Countywide Planning Policies (CPPs) Population estimates indicate that the City will grow to 63,757 persons and 58,258 jobs by 2044. This represents a population increase over 46%, with a 32% increase in the number of jobs. PSRC Regional Growth Centers 5 Growth Strategy 6 GROWTH STRATEGY 7Bremerton2044.com Council Review Milestones 8 February 7, 2024 -Vision, Goals, Policies and Growth Strategy August 28, 2024 –Updated Comprehensive Plan Schedule September 18, 2024 –Land Use Element Housing Element 9 Existing Housing Conditions & Demographic Information 10 Age of Housing 11 Median Rent Increase 12 Bremerton Poverty Level 2024 Federal Poverty Level (family of 4) $31,200 13 Housing Element Vision 14 Vision –Housing Element To encourage the growth of Bremerton by strategically locating a wide variety of housing types throughout the City in a way that protects the environment and fosters community health. 15 Puget Sound Regional Council Region is expected to grow by 830,000 households by the year 2050 16 17 Planning for housing by income level Kitsap County Area Median Income (family of 4) $119, 700 18 Kitsap County planning for housing by income level 19 Kitsap County Area Median Income (AMI) (family of 4) $119, 700 Support through government subsidy 20 Racially Disparate Impacts 21 Historical Context Bremerton is within the historical territory of the Suquamish people. The Suquamish people have lived, gathered plants, collected ceremonial and spiritual items, hunted, and fished since time immemorial in what is now western Washington State. Sinclair Park consisted of 280 homes in Bremerton that segregated Black residents from 1943 to 1948. Racially Disparate Impact section includes information on the historic exclusion of Black and Asian populations, exclusionary zoning, racially restrictive covenants, and redlining. 22 Home Ownership Rates 23 Policy Evaluation 24 “S” Supportive “A” Approaching “C” Challenging “NA” Not Applicable Each Housing Element policy was reviewed for: •The language itself. •The content and design of the policy. •Likely impacts on housing stock, mix, and disparities. •Whether mitigation efforts are needed. Example of Revised Policy Draft Environmental Impact Statement (DEIS) Alternatives 25 26 Draft Environmental Impact Statement (DEIS) Alternatives 27 Draft Environmental Impact Statement (DEIS) Alternatives Questions? Garrett Jackson (360) 473-5289 garrett.jackson@ci.Bremerton.wa.us 28 Published for October 16 Council Meeting Item 3 – Mayor’s Report MAYOR’S REPORT October 16, 2024 350+ Jobs Coming to Bremerton 555 Pacific Avenue -Tim Ryan Building •Tim Ryan Properties announced signing of a long-term lease up to 10 years with Department of Navy for the office building at corner of Pacific Ave and 6th Street •More than 300 employees will work at the building in support of the Navy's Shipyard Infrastructure Optimization Program (SIOP), which is part of billions of dollars in investment and a years-long effort by the Department of Defense’ to modernize the Bremerton shipyard 350+ Jobs Coming to Bremerton 400 Warren Avenue -Bremerton Maritime Tech Facility •Booz Allen Hamilton announced the opening of its new cutting-edge facility, which will support unmanned maritime technology, immersive engineering, and rapid integration •Focus will be on leading-edge technology for unmanned undersea and surface vehicles. •Facility will support more than 50 employees in engineering, cybersecurity, digital, and operations Wayfinding Project Overview Plan included the design of a signage family, identification of a destination hierarchy, and a guide for Wayfinding implementation. Implementation includes fabrication/installation of approximately 40 signs. This “pilot” phase is focused on downtown but also includes neighborhood signage in Manette and Charleston. Wayfinding Project Sign Family -Formats Wayfinding Project Implementation Fabrication of the signs is anticipated to occur over the next several months off site with signs projected to be installed in early 2025. Additional phases of implementation may be considered for future budget years. For more information, including sign locations, visit the project webpage: https://www.bremertonwa.gov/1281/ Wayfinding-Planning Cover page of the study report. https://www.bremertonwa.gov/1262/West-Kitsap-Way-Planning-Study CITY OF BREMERTON WEST KITSAP WAY PLANNING STUDY •Draft report is available for public review and comment on the project webpage (web link listed below). •Staff will present a summary of the study outcome at the Nov. 13 Study Session •Council will consider acceptance of the study at the Nov. 20 Council Meeting Congratulations to the Bremerton Fire Department as recipients of this year’s Jerry & Nancy Reid Community Spirit Award from the Boys & Girls Club of South Puget Sound for outstanding service to our community! Salmon Tours at Jarstad Park on Nov. 2! •Our City’s Public Works and Utilities is hosting Salmon Tours at Jarstad Park again this year on Saturday, November 2 from 11am-3pm. •We will celebrate the return of salmon to Gorst Creek. •Jarstad Park is one of seven salmon viewing sites open to the public as part of Kitsap Salmon Tours on Nov. 2. •Kitsap Poggie Club will help host the event at Jarstad Park. WSU Extension salmon docents will also support activities at the site. •View all of the Kitsap Salmon Tours activities in Kitsap at: kitsapsalmontours.org Published for October 16 Council Meeting Item 8 – Council Reports COUNCIL DISTRICT 5 Michael Goodnow COUNCIL DISTRICT 4 Jane Rebelowski COUNCIL DISTRICT 2 Denise Frey COUNCIL DISTRICT 1 Jennifer Chamberlin