HomeMy WebLinkAbout05/14/2025 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, MAY 14, 2025
CITY COUNCIL STUDY SESSION AGENDA
Starting at 5:00 PM in Council Conference Room 603
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will
be no opportunities for input. However, public questions or comments may be submitted at any time to
City.Council@bremertonwa.gov. Please remember that the content of the Agenda Bill items is subject to
change; and no action at the Study Session is anticipated. If approved by the Council, these items will be
placed on the May 21, 2025 City Council Meeting Agenda, or as indicated…
Members of the public may click the link below to join the webinar:
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Or One tap mobile:
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0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 873 1826 6756; Passcode: 857582
A. AGENDA BILL BRIEFINGS
1. Confirm Reappointment of Angelica Nery to the Lodging Tax Advisory Committee
2. Approval to eliminate a Code Enforcement Specialist position and to add a Code Enforcement
Officer position to the authorized staffing for the Department of Community Development
3. Resolution to accept Clean Water State Revolving Fund Loan Agreement with the Department of
Ecology to Design the Westside Wastewater Treatment Plant Improvements Project
4. Resolution to accept Clean Water Revolving State Fund Loan Agreement with the Department of
Ecology to Design and Construct the Eastside Treatment Plant UV Replacement Project
5. Proposed 2024 Comprehensive Plan and Development Regulations Discussion only, with final
action anticipated at the June 4, 2025 Council Meeting
6. Proposed 6-Month Moratorium for New Applications for the Bremerton Multi-Family Tax
Exemption (MFTE) Program
B. GENERAL COUNCIL BUSINESS
1. Audit Committee Briefing (Last meeting 4/28/25) – Chair Anna Mockler
2. Public Safety Committee Briefing (Last Meeting 5/1/25) – Chair Michael Goodnow
3. Regional and Other Committee/Board Briefings
4. Other General Council Business (As necessary, and as time allows…)
C. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 14, 2025
Confirm Reappointment of Angelica Nery to
the Lodging Tax Advisory Committee
COUNCIL MEETING Date: May 21, 2025
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging
Tax Advisory Committee as follows: two (2) members from organizations that support activities which
are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that
collect the hotel-motel tax; and an elected official (Council Member).
The Mayor is seeking confirmation for the reappointment of Angelica Nery, General Manager for the
Fairfield Inn & Suites to the Lodging Tax Advisory Committee.
The appointment of Ms. Nery relates to a committee position for businesses that collect the hotel-
motel tax within Bremerton; and for a term expiring on May 17, 2028.
ATTACHMENTS: Application is available in the Mayor’s Office
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Angelica Nery to the Lodging Tax Advisory Committee for the
term expiring May 17, 2028.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A1
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Monday, April 14, 2025 2:19 AM
To: WebMaster <WebMaster@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; Jennifer Hayes <Jennifer.Hayes@ci.bremerton.wa.us>
Subject: Online Form Submittal: Application for City Boards / Commissions / Committee
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 4/14/2025
First Name Angelica
Middle Name Field not completed.
Last Name Nery
Home Phone
Address1
Address2 Field not completed.
City Bremerton
State WA
Zip 98337
Occupation General Manager
Employer HCK2, LLC - Fairfield Inn and Suites Seattle/Bremerton
Work Address1 239 4th Street
Work Address2 Field not completed.
City Bremerton
State WA
Zip 98337
Work Phone 3603772111
Fax Field not completed.
Email
Education Former Brazilian Attorney
Local References Hampton Inn and Suites - Phoebe Payne
Fairfield Inn and Suites Poulsbo - Ashley Walchok
KIAC - Bremerton
I am interested in
serving:
Lodging Tax Advisory Committee
Is this an application for
reappointment?
Yes
If yes, how many years
have you served on this
commission or
committee?
2
How long have you lived
in Bremerton
5 years
Why are you applying for
this appointment?
I believe that I have experience with Lodging and Turism and
being part of the Lodging Tax Advisory Committee will bring
value and responsibility when it comes to decision making for
lodging tax funds.
Which of your personal
and / or professional
interests prompted you
to apply for this
appointment?
My professional interest for being part of the Hospitality
Industry, being a leader and a manager of one of the biggest
properties in Bremerton.
Have you ever served on
any other Bremerton
board, commission,
committee or task
force? If yes, please list.
Kitsap Immigration Association - Board Member
Please list your
qualifications for this
appointment (include
Experience in leadership and management in hospitality
business, tourism analysis, and strategies skills with training.
skills, activities,
training, education):
What are your
community interests
(committee,
organizations, special
activities)?
Organizations and special activities
Please list any
accommodations you
need to perform
volunteer duties:
I am open for the duties where voluteers are mostly needed.
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
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 14, 2025
Approval to eliminate a Code Enforcement
Specialist position and to add a Code
Enforcement Officer position to the
authorized staffing for the Department of
Community Development
COUNCIL MEETING Date: May 21, 2025
Department: DCD
Presenter: Andrea Spencer
Phone: (360) 473-5283
SUMMARY: Human Resources recently conducted a desk audit to assess the roles, responsibilities,
and qualifications of the Code Enforcement Specialist and the Code Enforcement Officer positions
within Community Development. The result of the audit was the recommendation that the Code
Enforcement “Specialist” position be reclassified to an “Officer” position because the duties
performed at the Specialist level are so closely aligned with those of an Officer and that the pay gap
between the positions creates a significant barrier to recruitment and retention. The HR audit is
attached to this agenda bill.
It should be noted that the current position of Code Enforcement Specialist has been vacant since
November 2024 and recruitment to find a qualified candidate has been unsuccessful.
ATTACHMENTS:
Human Resources Desk Audit for Code Enforcement Specialist
Finance Personnel Cost Comparison Estimate
FISCAL IMPACTS (Include Budgeted Amount): Based on 2025 salary rates Finance has
calculated the annual cost of the increase to be just under $27,000. Due to position vacancies the
fiscal impact can be absorbed in the DCD budget for 2025 without modification.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the elimination of the Code Enforcement Specialist Position and add a Code
Enforcement Officer position to the Department of Community Development authorized staffing.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A2
Page 1 of 4
Desk Audit Report
Subject: Evaluation of Code Enforcement Officer and Code Enforcement Specialist Duties
Requested by: Andrea Spencer, Director of Community Development
Prepared by: Charlotte Nelson, Human Resources Manager
Date: April 21, 2025
Purpose of the Audit
This desk audit was conducted to assess the roles, responsibilities, and qualifications of the Code
Enforcement Officer and the Code Enforcement Specialist positions within Community
Development. Specifically, the objective is to determine whether the two roles are substantially
similar and evaluate the position’s compensation.
Community Development has two positions that are dedicated to the City’s Code Enforcement
Program, a “Code Enforcement Officer” (CEO) and a “Code Enforcement Specialist” (CES).
Currently the CES position is vacant and the City has been recruiting for a staff replacement
since November 2024 with no viable candidates applying. Since 2023 there have been two
people that have served in the role of CES, with one individual serving in the position for
approximately 5 months and the most recent serving in the role for 11 months. When both
individuals resigned, they both cited concerns about pay inequity relative to the demands of their
work in comparison to the CEO, and that it is hard to discern the difference between the two
positions. It is important to note that both employees accepted higher pay positions at other
municipalities doing the same work that they were doing for the City of Bremerton. One of the
departing staff members filled out an exit questionnaire, which confirms in writing that their
departure was due to the rate of pay (Appendix A).
This desk audit was not only prompted by these resignations, and the fact that we are unable to
find qualified applicants to backfill the currently vacant CES position but also because the work
program has changed in complexity since the CES position was first created in 2018. When the
CES position was established the person in the role was responsible for proactively addressing
less complex enforcement of nuisances like vegetation and weed overgrowth, garbage and
graffiti issues. Since 2018 the work demands of the Code Enforcement program have grown
substantially and both the CEO and CES positions have had to respond to more complex
community issues like building abatements and court-ordered demolitions, stop work cases, and
unsafe/uninhabitable structures. The result of the changing work difficulty has resulted in the
CES position being responsible for complex work that is indiscernible from the CEO’s.
This desk audit included a thorough comparison between the two closely aligned job descriptions
of CEO and CES and assesses potential discrepancies in their roles, responsibilities, and
compensation structures.
Understanding and addressing these concerns is critical to maintaining a fair and equitable
workplace environment. By analyzing the specific duties, skill requirements, and compensation
levels associated with each position, this report aims to determine whether significant disparities
Page 2 of 4
exist. The findings will provide insight into whether adjustments are needed to ensure that pay
aligns appropriately with the nature of the work being performed.
Methodology
1. Job Description Review: Examined both the CEO and CES job descriptions.
2. Task Analysis: Compared essential functions, required knowledge, and qualifying
education and experience.
Findings
1. Overlap in Duties and Responsibilities A side-by-side comparison of the two roles
reveals significant overlap in the essential functions:
Code Enforcement Specialist Code Enforcement Officer
Conducts investigations, gathers evidence,
issues notice of violation, and prepares
written and oral reports.
Conducts investigations, gathers evidence,
issues notice of violation, and prepares
written and oral reports.
Provide information to complainants, code
violators, city staff and public by phone and
in the field regarding complaint process,
investigation results and abatement actions.
Explains requirements and intent of codes
and explains options and procedures for
compliance.
Provide information to complainants, code
violators, city staff and public by phone and
in the field regarding complaint process,
investigation results and abatement actions.
Explains requirements and intent of codes
and explains options and procedures for
compliance.
Prepares, posts and mails letters and
abatement orders relating to unsafe
structures, garbage accumulation, weeds,
graffiti and other nuisance violations to
ensure compliance with provisions of
municipal ordinances and other applicable
codes and/or laws in abatement procedures.
Prepares, posts and mails letters and
abatement orders relating to unsafe
structures, garbage accumulation, weeds,
graffiti and other nuisance violations to
ensure compliance with provisions of
municipal ordinances and other applicable
codes and/or laws in abatement procedures.
Attend and participate in professional group
meetings; stay current of new trends in the
field of code enforcement.
Attend and participate in professional group
meetings; stay current of new trends in the
field of plans examination and building code
compliance.
Appears as a witness for the City in legal
actions taken to gain compliance.
Appears as a witness for the City in legal
actions taken to gain compliance.
Assists the Code Enforcement Officer in the
preparation and maintenance of detailed
records and statistics related to enforcement
activities and makes summary reports as
required.
Prepares and maintains detailed records and
statistics related to enforcement activities
and makes summary reports as required.
Assists in developing, organizing, and
implementing code enforcement programs
and procedures.
Develops, organizes, and implements code
enforcement programs and procedures.
Page 3 of 4
2. QUALIFYING EDUCATION and EXPERIENCE (Minimum Requirements)
Code Enforcement Specialist Code Enforcement Officer
Bachelor’s degree in engineering, architecture,
planning, building, or a related field, and two
(2) years’ experience in a position of
enforcement of adopted codes, OR any
combination of education, certification, and
experience which provides the applicant with
desired skills, knowledge and ability required
to perform the job.
Associate’s degree in engineering, building, or
a related field, and five (5) years’ experience in
a position of enforcement of adopted codes,
OR any combination of education,
certification, and experience which provides
the applicant with desired skills, knowledge
and ability required to perform the job.
Must obtain Building Inspector certification
within one year of employment.
3. Common Knowledge Requirements
• Health, safety, and sanitation standards for housing and buildings.
• Applicable laws, regulations, and policies (e.g., Washington State and International
codes).
• Modern building construction methods and principles of structural engineering.
• On-site building inspection techniques.
• City operations, policies, and objectives.
• Record-keeping, oral and written communication, and interpersonal skills.
• Office software (e.g., Microsoft Word, Excel) and permit tracking systems.
Additional Knowledge Areas for Officer
• Supervisory techniques.
• Budget tracking for abatement fund and financing.
• Public presentation methods.
4. Workload and Accountability
Discussions with the current CEO and management indicate that both roles handle comparable
inspections and are held to similar performance metrics. Both roles are equally accountable for
the legal and procedural accuracy of their work, with minimal distinction in decision-making
authority.
5. Pay Differential
Currently, the CES position has a monthly salary range of $5,490 to $6,462 while the CEO
position is compensated within a range of $7,193 to $8,505. This reflects a 30.2% difference in
minimum pay and a 31.6% difference in maximum pay between the two roles.
Page 4 of 4
Request for Reclassification
Due to ongoing challenges in filling the CES position and the minimal difference in job duties
performed between the Specialist and Officer roles, the Department is formally requesting that
the Specialist position be reclassified to a CEO position. The difficulty in recruiting and retaining
qualified candidates at the Specialist level suggests that the current salary range and the demands
of the work does not sufficiently reflect the responsibilities or required expertise for the role.
Furthermore, the overlap in duties between the two positions supports the need for a streamlined
classification.
Reclassifying the Specialist position to an Officer position will help attract more qualified
candidates, ensure internal equity, and better align the role’s compensation with market standards
and job expectations.
Human Resources Review, Support and Recommendations
The CES has functioned as a CEO and when comparing the two job descriptions they are
very similar.
1. Equal Compensation: Adjust the salary for the CES to match the compensation for the
CEO, reflecting the equivalent essential functions, required knowledge, accountability
and qualifying education and experience.
2. Job Title Standardization: The two positions should have a unified title of Code
Enforcement officer (CEO) to eliminate ambiguity and ensure consistency.
After a thorough review, Human Resources agrees with the Department’s request to reclassify
the CES position to a CEO position. HR’s analysis confirms that the duties performed at the
Specialist level closely align with those of an Officer and that the existing pay gap creates a
significant barrier to recruitment and retention. Aligning the classification with the Officer
position should improve hiring success, ensure job classification accuracy, and support internal
compensation equity.
Prepared by:
Charlotte Nelson
Human Resources Manager
April 17, 2025
APPENDIX A
Job Class DescriptionCurrent Budget(Wages, Salary, and Benefits)Grade Step0168Code Enforcement Specialist$97,633.5011D0169Code Enforcement Officer$124,081.1516DAnticipated AdditionalCost of Position Upgrade (12 months):$26,447.65Reclassification Cost Comparison (2025 Rates)Code Enforcement Specialist / Code Enforcement Officer
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 14, 2025
Resolution to accept Clean Water State
Revolving Fund Loan Agreement with the
Department of Ecology to Design the
Westside Wastewater Treatment Plant
Improvements Project
COUNCIL MEETING Date: May 21, 2025
Department: PW&U
Presenter: David Powell
Phone: (360) 473-5268
SUMMARY: The City of Bremerton has negotiated a Clean Water State Revolving Fund (CWSRF)
loan agreement (Agreement No. WQC-2025-BremPW-00186) with the Department of Ecology to
provide partial funding to plan and design the Westside Wastewater Treatment Plant Upgrade
Project. The loan is for $2,120,000 over 20 years at a 1.2% interest rate. To secure the loan, a
Resolution by the City Council accepting the loan is required, followed by execution of the loan by the
Mayor.
ATTACHMENTS: 1) Resolution; 2) Loan Agreement; 3) Vicinity Map
FISCAL IMPACTS (Include Budgeted Amount): This project is in the Wastewater Capital budget
for $895,000 in 2025 and $3,568,000 in 2026.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to pass Resolution No. _______ to accept Loan Agreement
WQC-2025-BremPW -00186 from the Washington State Department of Ecology and authorize the
Mayor to 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
A3
Page 1 of 2
Resolution Ecology Loan WQC-2025-BremPW-00186
May 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF BREMERTON
WASHINGTON, APPROVING AND ACCEPTING A $2,120,000
LOAN WITH THE DEPARTMENT OF ECOLOGY, AND
AUTHORIZING EXECUTION OF THE LOAN AGREEMENT
FOR PLANNING AND DESIGN OF THE WESTSIDE
WASTEWATER TREATMENT PLANT IMPROVEMENTS
PROJECT (WQC-2025-BremPW-00186)
WHEREAS, the City of Bremerton (City) owns and operates the Westside
Wastewater Treatment Plant (WWTP) that provides physical, biological and disinfection
treatment for sewage generated from the City of Bremerton before it is discharged into the Puget
Sound, under NPDES #WA0029289; and
WHEREAS, the City Council has determined that certain components of the
WWTP and related electrical and control systems are at or beyond their useful life and in need of
replacement to reliably meet wastewater discharge standards; and
WHEREAS, to finance these improvements, the City applied for and received a
loan award from the Washington State Department of Ecology (Ecology) Water Quality
Combined Funding Program – Fiscal Year 2024 Funding Cycle for $2,120,000; and
WHEREAS, the award is composed of a 20-year Clean Water State Revolving
Fund (CWSRF) Standard Loan at a 1.2% interest rate; and
WHEREAS, the City accepts responsibility to repay the loan and abide by the
provisions of the AGREEMENT; and
WHEREAS, to make the loan funds available to the City, execution of an
approved loan agreement is required,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Purpose. That the City Council hereby authorizes the Mayor to
execute the Loan Agreement with the Department of Ecology, a copy of which is attached hereto
and incorporated herein by this reference as Exhibit A; and to make minor substantive changes
as necessary to execute the Agreement.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
Page 2 of 2
Resolution Ecology Loan WQC-2025-BremPW-00186
May 2025
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 __________________, 2025.
ERIC YOUNGER,
Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 14, 2025
Resolution to accept Clean Water Revolving
State Fund Loan Agreement with the
Department of Ecology to Design and
Construct the Eastside Treatment Plant
UV Replacement Project
COUNCIL MEETING Date: May 21, 2025
Department: Public Works and Utilities
Presenter: David Powell
Phone: (360) 473-5268
SUMMARY: The City of Bremerton has negotiated a Clean Water State Revolving Fund (CWSRF)
loan agreement (Agreement No WQC-2025-BremPW-00182) with the Department of Ecology to
provide partial funding to design and construct the Eastside Treatment Plant UV Replacement
Project. The loan is for $3,964,838 over 20 years at a 1.2% interest rate. To secure the loan, a
Resolution by the City Council accepting the loan is required, followed by execution of the loan by the
Mayor.
ATTACHMENTS: 1) Resolution; 2) Loan Agreement; 3) Vicinity Map
FISCAL IMPACTS (Include Budgeted Amount): This project is in the Wastewater Capital budget
for $500,000 in 2025 and $3,966,593 in 2026.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to pass Resolution No. _______ to accept Loan Agreement
WQC-2025-BremPW -00182 from the Washington State Department of Ecology and authorize the
Mayor to 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
A4
Page 1 of 2
Resolution Ecology Loan WQC-2025-BremPW-00182
May 2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF BREMERTON
WASHINGTON, APPROVING AND ACCEPTING A $3,964,838
LOAN WITH THE DEPARTMENT OF ECOLOGY, AND
AUTHORIZING EXECUTION OF THE LOAN AGREEMENT
FOR DESIGN AND CONSTRUCTION OF THE EASTSIDE
WASTEWATER TREATMENT PLANT UV REPLACEMENT
PROJECT (AGREEMENT NO WQC-2025-BremPW-00182)
WHEREAS, the City of Bremerton (City) owns and operates the Eastside
Wastewater Treatment Plant (WWTP) that provides physical and disinfection treatment for
combined sewage generated during extreme weather events before it is discharged into the Port
Washington Narrows, Puget Sound, under NPDES #WA0029289; and
WHEREAS, the City Council has determined the Ultraviolet Disinfection (UV)
system and related electrical components of the WWTP are at or beyond their useful life and in
need of replacement to reliably meet wastewater discharge standards; and
WHEREAS, to finance these improvements, the City applied for and received a
loan award from the Washington State Department of Ecology (Ecology) Water Quality
Combined Funding Program – Fiscal Year 2024 Funding Cycle for $3,964,838; and
WHEREAS, the award is composed of a 20-year Clean Water State Revolving
Fund (CWSRF) Standard Loan at a 1.2% interest rate; and
WHEREAS, the City accepts responsibility to repay the loan and abide by the
provisions of the AGREEMENT; and
WHEREAS, to make the loan funds available to the City, execution of an
approved loan agreement is required,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Purpose. That the City Council hereby authorizes the Mayor to
execute the Loan Agreement with the Department of Ecology, a copy of which is attached hereto
and incorporated herein by this reference as Exhibit A; and to make minor substantive changes
as necessary to execute the Agreement.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
Page 2 of 2
Resolution Ecology Loan WQC-2025-BremPW-00182
May 2025
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 __________________, 2025.
ERIC YOUNGER,
Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
Agreement No. WQC-2025-BremPW-00182
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Bremerton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
Eastside Treatment Plant UV Replacement
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project protects water quality in the Port Washington Narrows through the design and construction of wastewater
treatment upgrades at the Eastside Treatment Plant in Bremerton , Washington. This project replaces the aging ultraviolet
disinfection system at the Eastside Plant. Benefits include continued disinfection of wastewater effluent .
Project Long Description:
This project protects water quality in the Port Washington Narrows through the design and construction of wastewater
treatment upgrades at the Eastside Treatment Plant in Bremerton , Washington. This project replaces the aging
ultraviolet (UV) disinfection system at the Eastside Plant. Benefits include continued disinfection of wastewater effluent .
The Eastside Plant processes combined sewer flows from East Bremerton during wet weather periods when the volume
of combined sewage exceeds the capacity of the downstream sewage conveyance system. The existing UV system was
$3,964,838.00
$3,964,838.00
$3,964,838.00
$0.00
07/01/2022
12/31/2026
Wastewater Facility
Page 2 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
designed based on the results of an engineering report prepared in January 2001, which analyzed treatment alternatives
and recommended UV disinfection . The Eastside Plant was constructed and put into operation in 2001.
The existing UV disinfection equipment has reached its useful life and replacement parts are no longer manufactured .
The plant has experienced operational challenges associated with the UV treatment channel , including foaming in the
upstream channel of the UV system , issues with the turbidity monitoring control system, and communication problems
with the UV system.
A report titled, “Engineering Report for the City of Bremerton Eastside Treatment Plant Improvements – Phase 1”,
dated December 2023 was prepared by Consor for the RECIPIENT to document these issues .
The report documents current operational challenges and proposed upgrades to the Eastside Plant UV system . The
report also discusses the design selection process for replacing the existing UV disinfection system , electrical and control
equipment within the existing Eastside Plant. This project will design and construct these improvements. Proposed
improvements include replacing the existing UV system with a new , more efficient, UV system located within the existing
channel, and replacement of the associated electrical, instrumentation, and controls components. New water sprayers
will also be installed upstream of the UV system to control foaming .
Overall Goal:
The overall goal of the project is to prevent disinfection equipment failure at the Eastside Plant by replacement of the
current aging system a with a new, more efficient, more reliable UV system.
Template Version 12/10/2020
Page 3 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
UEI Number:HV84RG6NYNG4
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Bremerton
91-6001231
100 Oyster Bay Ave N
Bremerton, WA 98312
345 6th Street
Bremerton, WA 98337
chance.berthiaume@ci.bremerton.wa.us
Template Version 12/10/2020
Page 4 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
David Powell
Engineering Project Manager
345 6th Street
Bremerton, WA 98337
Bremerton, Washington 98337
Email: david.powell@ci.bremerton.wa.us
Phone: (360) 473-5268
Authorized
Signatory
Kimberly Seibold
Financial Analysis
100 Oyster Bay Ave N
Bremerton, Washington 98312
Bremerton, Washington 98312
Email: kim.seibold@ci.bremerton.wa.us
Phone: (360) 473-5929
Billing Contact
Project Manager
Authorized
Signatory
Greg Wheeler
Mayor
345 6th Street, Suite 600
Bremerton, Washington 98337
Email: greg.wheeler@ci.bremerton.wa.us
Phone: (360) 473-5266
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Sue Cook
PO Box 330316
Shoreline, Washington 98133-9716
Email: SUEC461@ecy.wa.gov
Phone: (425) 758-7776
Tammie McClure
PO Box 47600
Olympia, Washington 98504-7600
Email: tmcc461@ecy.wa.gov
Phone: (360) 628-4315
Madison Diaz
PO Box 330316
Shoreline, Washington 98133-9716
Email: mdia461@ecy.wa.gov
Phone: (425) 495-1777
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Bremerton
Vincent McGowan, P.E.
Mayor
Greg Wheeler
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 12/10/2020
Page 7 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
City Clerk Date
Angela Hoover
City Attorney Date
Kylie Finnell
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SCOPE OF WORK
Task Number:1 Task Cost: $30,000.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans)
recipient closeout report (including photos, if applicable). If the RECIPIENT elects to use a contractor to complete project
elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement .
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, and Recipient Closeout Report.
* Properly maintained project documentation.
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
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Page 9 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SCOPE OF WORK
Task Number:2 Task Cost: $916,320.00
Task Title:Design and Environmental/Cultural Review
Task Description:
A. The RECIPIENT will procure professional services in accordance with state law . The RECIPIENT will include
ECOLOGY’s State Revolving Fund Engineering Services Insert in the contract documents between the RECIPIENT and the
professional services team. The RECIPIENT must submit all professional services contracts before ECOLOGY will provide
reimbursement for work performed under this task.
B. The RECIPIENT will design the improvements consistent with the recommended alternative presented in the approved
Engineering Report for the City of Bremerton Eastside Treatment Plant Improvements – Phase I , dated December 2023.
Construction contract documents developed by the RECIPIENT must be consistent with the requirements of Chapter 173-240
WAC.
C. The RECIPIENT will complete the facility designs within one year of Ecology signing this AGREEMENT .
D. The RECIPIENT's design team shall provide a constructability review and quality assurance check of the project drawing
and specification package, and general requirements of the construction bid documents at the 90 percent stage. With the 90
percent design package an engineer’s estimate will also be provided .
E. Final construction contract documents (plans and specifications) will be approved by the RECIPIENT prior to submittal for
ECOLOGY review. Construction plans submitted to ECOLOGY for review and approval will be reduced to no larger than
11" x 17" in size. The project manager may request plans be submitted in either PDF or other electronic format, and
specifications in a searchable PDF or Microsoft Word electronic file . An updated construction cost estimate will be submitted
with each submittal. The project manager may request a spreadsheet of the estimate in electronic file format.
F. The RECIPIENT will prepare a Fiscal Sustainability Plan (FSP) (Asset Management Plan). The RECIPIENT will certify
that a plan that contains at least the minimum required elements listed below has been developed and is being implemented:
G. The RECIPIENT will conduct an Investment Grade Efficiency Audit (IGEA). The RECIPIENT will review their energy use
looking for cost-effective energy savings. The recipient may also submit documentation of an energy efficiency review
conducted within the last five years.
H. The RECIPIENT will submit the minimum requirements as outlined in the Environmental Information Document (EID)
Guidance, Section A and in the State Environmental Review Process (SERP) EID at the time construction contract documents
are submitted to ECOLOGY for approval.
I. The RECIPIENT will provide an Ecology Cultural Resources Review form as part of the minimum SERP requirements . The
RECIPIENT will provide any additional information for ECOLOGY to lead the required cultural resources consultation . Costs
incurred for ground-disturbing activities that occur before cultural resources review will not be eligible for reimbursement.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
J. The RECIPIENT will complete an Ecology inadvertent discovery plan template for their project .
Task Goal Statement:
See overall goal.
Task Expected Outcome:
See overall goal
Deliverables
Design and Environmental/Cultural Review
Number Description Due Date
2.1 Executed contracts for professional services and documentation of the
RECIPIENT’s process for procuring professional services.
2.2 Provide 90% design review and engineer’s estimate.
2.3 Provide final design plans and specifications for review and approval.
2.4 Documentation of an energy efficiency review.
2.5 Complete SERP EID.
2.6 Ecology Cultural Resources Review form.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SCOPE OF WORK
Task Number:3 Task Cost: $0.00
Task Title:Design and Environmental/Cultural Review (Cont.)
Task Description:
J. The RECIPIENT will prepare a Fiscal Sustainability Plan (FSP) (Asset Management Plan). The RECIPIENT will certify that
a plan that contains at least the minimum required elements listed below has been developed and is being implemented:
F.1. An inventory of critical assets that belong to the utility.
F.2. An evaluation of the condition and performance of the critical assets.
F.3. A plan to maintain, repair, and replace the critical assets and to fund those activities.
F.4. A plan to coordinate utilities, including water, sewer, stormwater, and transportation for work in the right-of-way.
F.5. A process to evaluate and implement water and energy conservation efforts as part of the plan .
Task Goal Statement:
See overall goal.
Task Expected Outcome:
See overall goal.
Deliverables
Design and Environmental/Cultural Review (Cont.)
Number Description Due Date
3.1 Certification in EAGL that the Fiscal Sustainability Plan (Asset Management
Plan). has been developed and is being implemented.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SCOPE OF WORK
Task Number:4 Task Cost: $2,998,518.00
Task Title:Construction
Task Description:
A. The RECIPIENT will execute a contract with a contractor selected in compliance with state law . The RECIPIENT will
include ECOLOGY’s State Revolving Fund Specification Insert , Contract Clauses, and Pre-Selection Inserts in the
construction contract documents as applicable. The RECIPIENT will submit Bid Tabs, the Notice of Award, a copy of the
executed contract, and Notice to Proceed before ECOLOGY will provide reimbursement for work performed under this task .
B. The RECIPIENT will complete the construction in accordance with the approved construction contract documents (plans
and specifications). The construction project will include:
B.1. Replacement of the existing UV system with a new UV system located within the existing channel .
B.2. Replacement of associated electrical, instrumentation, and control components.
B.3. Installation of new water sprayers upstream of the UV to control foaming .
C. The RECIPIENT will conduct a pre-construction conference and will invite ECOLOGY staff to the meeting .
D. All recipients of funding for water pollution control facility projects must comply with the SERP in accordance with WAC
173-98-720. All mitigation measures committed to in documents developed in the environmental review process will become
conditions of this agreement.
Task Goal Statement:
See overall goal.
Task Expected Outcome:
See overall goal.
Deliverables
Construction
Number Description Due Date
4.1 Documentation of the RECIPIENT’s procurement process.
4.2 Bid Tabs, the Notice of Award, a copy of the executed construction contract
and a copy of the Notice to Proceed.
4.3 Minutes of the pre-construction meeting.
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Page 13 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SCOPE OF WORK
Task Number:5 Task Cost: $20,000.00
Task Title:Construction Management
Task Description:
A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . If
professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT will
include ECOLOGY’s State Revolving Fund Specification Insert , Contract Clauses, and Pre-Selection Inserts, in the contract
documents as applicable. The RECIPIENT will submit contracts for construction management services before ECOLOGY
provides reimbursement for work performed under this task.
B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to
ECOLOGY for approval prior to any ground disturbing activities . This plan will describe the activities which the RECIPIENT
will undertake to achieve adequate and competent oversight of all construction work.
C. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates
indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and
resubmit to ECOLOGY. A significant change in the scope of work may trigger a SERP review and should be discussed and
coordinated with ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the
construction in the monthly/quarterly progress reports.
D. At completion of construction, the RECIPIENT will provide ECOLOGY’s Project Manager with a set of "as-built" plans
by the expiration date of this agreement (i.e., record construction drawings which reflect changes, modifications, or other
significant revisions made to the project during construction).
E. At substantial completion, the recipient will notify ECOLOGY and coordinate the project’s closeout with ECOLOGY’s
Project Manager.
F. At project completion, the RECIPIENT will submit the Declaration of Construction Completion form to ECOLOGY in
accordance with WAC 173-240-090. The form, when signed by a professional engineer, indicates that the project was
completed in accordance with the plans, specifications, and major change orders approved by ECOLOGY, and is accurately
shown on the as-built plans.
G. The RECIPIENT will prepare and submit an Operations and Maintenance (O&M) manual for the treatment facility, in
compliance with WAC 173-240. A DRAFT O&M Manual will be submitted to ECOLOGY for review & approval, early
stages of the construction of a facility in accordance with WAC 173-240-080(3).
Task Goal Statement:
See overall goal.
Task Expected Outcome:
See overall goal.
Template Version 12/10/2020
Page 14 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
Deliverables
Construction Management
Number Description Due Date
5.1 Executed contract for construction management services and documentation of
procurement process.
5.2 Construction Quality Assurance Plan.
5.3 “As-built” plans.
5.4 Declaration of Construction Completion.
5.5 Operation and Maintenance Manual.
Template Version 12/10/2020
Page 15 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SCOPE OF WORK
Task Number:6 Task Cost: $0.00
Task Title:Change Order Allowance
Task Description:
A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the
project.
B. The RECIPIENT will submit change orders and associated backup documentation to ECOLOGY for approval . Change
orders that are a significant deviation from the approved plans/specifications will be submitted for approval, prior to execution.
A significant deviation shall be as defined in the Water Quality Program Orange Book , section G1-4.2.6 and mean a change in
the selected treatment process, facility size, design criteria, or performance standards that result in changes in expected facility
performance or environmental impacts. All other change orders will be executed and submitted to ECOLOGY within 30 days
of execution. If the change order contains engineering content a P.E stamp is required.
Task Goal Statement:
See overall goal.
Task Expected Outcome:
See overall goal.
Deliverables
Change Order Allowance
Number Description Due Date
6.1 A copy of all executed change orders.
Template Version 12/10/2020
Page 16 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
BUDGET
Funding Distribution EL250333
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
CWSRF-SFY25 (State)
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving
Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K).
Washington State administers the program under Chapter 173-98 WAC. The portion of
this project funded with this funding distribution comes from non-federal source and are
not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single
Audit Act (SAA). However, this project is subject to the federal requirements outlined in
Section 4 and 5 of agreement terms and conditions.
Type:
Funding Source %:
Description:
FD0727Fund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3%
Terms:20 years
Project Start Date: 07/01/2022 Project Completion Date: 12/31/2026
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
10/01/2026
Revenue Secure Lien Obligation of the Recipient
$
$
976
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SRF Loan (State)
07/01/2022 12/31/2026
Loan
Template Version 12/10/2020
Page 17 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
SRF Loan (State)Task Total
Grant and Loan Administration 30,000.00$
Design and Environmental/Cultural Review 916,320.00$
Construction 2,998,518.00$
Construction Management 20,000.00$
Change Order Allowance 0.00$
3,964,838.00$Total:
Template Version 12/10/2020
Page 18 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%3,964,838.00 3,964,838.000.000.00SRF Loan (State)
Total $$0.00 3,964,838.00 $3,964,838.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023)
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Accrued Interest” means the interest incurred as loan funds are disbursed.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a
domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14,
2022.
“Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured
product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives;
or non-permanent products) that 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), (including optic glass), lumber, and
drywall.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
quality problem as described in Chapter 173-98-730 WAC.
“Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid
certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and
repair projects.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount and the estimated schedule for completion of the project .
“Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to
Ecology.
“Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal
funding and meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount and the initiation of operation or completion date, whichever comes first.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries
of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United
States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its
intended purpose. (For loans only)
“Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined
pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including
optical fiber; and lumber.
“Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting
state through the application of coatings, occurred in the Untied States.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county , to the majority of
workers, laborers, and mechanics performing the same work. The rate is established separately for each county.
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and
is the last day eligible costs can be incurred. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a
general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to
a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after
the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the
claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
“Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing
business with or receiving funds from the federal government. This number replaces the DUNS number.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other
public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs.
Contact your Ecology Project Team to determine the appropriate recognition for your project .
H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of
this change within 30 days.
I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results
or water quality project outcomes and the status of long-term environmental results or goals from the project approximately
three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the
RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate
the project, as part of this assessment.
L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial
Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project
administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes ,
ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures.
M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS
BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website
and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only)
2. “Section 319 Initial Data Reporting” form must be completed in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match
projects)
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
(Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date. (For Section 319 funded projects only)
SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319,
State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE
MUNICIPAL GRANT (OSG)
A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface
Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the
federal agency implementing that Act.
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.
C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural
Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination
prior to any property acquisition and above and below ground disturbing activities.
D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services
in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see
https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim).
E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only):
The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal
requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act
(“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following
requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be
produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and
obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general
applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build
America, Buy America Requirements are not applicable to the project .
RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any
reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables,
information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency
funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and
state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default
hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance,
and/or other remedial actions.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning
prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic
manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may
otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings
provision for existing statutory requirements that meet or exceed BABA requirements . The statutory American Iron and Steel
(AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has
previously applied to SRF projects and will continue to do so as part of BABA requirements .
Where manufactured products used in the project are required to be produced in the United States, manufactured product
shall mean 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. The manufactured products included cover the majority of
potential water infrastructure products, including complex products made up of a variety of material types and components.
For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors,
blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment
equipment, dewatering equipment, actuators, and many other mechanical and electrical items.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin, or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology.
H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel
and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National
Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information
about the Act. Pursuant to 15 USC 2225a.
J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
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Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request. Wage determinations and instructions for their use can be found at https ://sam.gov/.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more
stringent requirement shall govern. Washington State prevailing wage rates can be found at
https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The
RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this
provision.
L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the
System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number
under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is
signed.
SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation (upon request)
2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the
General Uploads form in EAGL.
3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL.
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency
projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL.
5. CWSRF Federal Reporting Information form – Must be completed in EAGL.
6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a
wastewater or stormwater facility construction) – Must be completed in EAGL.
7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be
completed in EAGL.
8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be
uploaded to the Environmental and Cultural Review form in EAGL.
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan
provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the
Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
used in the project are produced in the United States. Iron and Steel products means the following products made primarily of
iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe
clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may
request waiver from this requirement from the Administrator of the Environmental Protection Agency . The RECIPIENT must
coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications
for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including
the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT
shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall
be signed by ECOLOGY.
D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project
RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the
requirements in Section 4 and this Section.
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance
public awareness of EPA assistance agreements nationwide . Signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility
-project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
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Recipient Name:
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Eastside Treatment Plant UV Replacement
City of Bremerton
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
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Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
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Recipient Name:
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Eastside Treatment Plant UV Replacement
City of Bremerton
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request .
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc.
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
- The American Iron and Steel Act (Buy American)
- The Build America Buy America Act (BABA) (equivalency projects only)”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable,
inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to
the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of
cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the
portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
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Recipient Name:
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Eastside Treatment Plant UV Replacement
City of Bremerton
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
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Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement ,
the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of
Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the
purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
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Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant 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 use
covered telecommunications equipment, video surveillance services 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
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
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Eastside Treatment Plant UV Replacement
City of Bremerton
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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Eastside Treatment Plant UV Replacement
City of Bremerton
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
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Page 38 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
Template Version 12/10/2020
Page 39 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
Template Version 12/10/2020
Page 40 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
Template Version 12/10/2020
Page 42 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
Page 43 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
Template Version 12/10/2020
Page 44 of 44State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2025-BremPW-00182
Eastside Treatment Plant UV Replacement
City of Bremerton
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 14, 2025
Proposed 2024 Comprehensive Plan and
Development Regulations
COUNCIL MEETING Date: N/A
Department: DCD
Presenter: Garrett Jackson
Phone: (360) 473-5289
SUMMARY: The Planning Commission made a recommendation to the City Council to adopt the
2024 Comprehensive Plan Update and implementing development regulations at an April 21st Public
Hearing. Final Draft documents for the Comprehensive Plan, and implementing Development
Regulations, are available for the City Council and public to review at Bremerton2044.com. Council
held a public hearing May 7th in order to receive comment on final draft documents. This study
session will provide time for the Council to discuss/deliberate, and provide staff with feedback on final
draft documents.
ATTACHMENTS:
None.
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
None.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A5
Published for
May 14
Study Session
Item A5
Comments
# Commentor
& Topic
Comment Summary Action
Required?
This table is organized into the following categories: 1) Support from multiple Council Members, 2) Other policy
change requests, 3) Future zoning code amendments, 4) Information/Analytics, 5) Additional Comments Received
1) SUPPORT FROM MULTIPLE COUNCIL MEMBERS
1 Anna Mockler &
Jane Rebelowski
Wright Creek
Conservation
Wright Creek wetland system should be a priority for conservation Alterations requested
by Council, revisions
anticipated at the 5/28
Study Session
Staff Supplemental Information:
E3(A): Preserve and protect fish and wildlife habitat conservation areas through
regulation, acquisitions, incentives, partnerships with conservation organizations
such as Great Peninsula Conservancy, and other techniques., including The City
should considering participating in regional initiatives such as salmon recovery
plans in the Chico Creek basin, conserving the Wright Creek wetland system, and
other opportunities for environmental protection and enhancement throughout the
City project and other salmon recovery plans.
2 Jane Rebelowski
& Denise Frey
Multimodal
Level of Service
Support for Erik Peterson comments, Multimodal Level of Service, Active
Transportation Plan, and compliance to the Growth Management Act.
Alterations requested
by Council, revisions
anticipated at the 5/28
Study Session
Staff Supplemental Information:
2) OTHER POLICY CHANGE REQUESTS
3 Denise Frey
Parks
Add language to the Comprehensive Plan supporting additional park facilities in the
north end of District 2.
Alterations requested
by Council, revisions
anticipated at the 5/28
Study Session
4 Anna Mockler
Environment
Element
Proposed revised Vision of Environmental Element:
“Conserve and enhance natural resources, critical areas, water quality/quantity, and
environmental amenities while planning for and accommodating sustainable
growth”
Alterations requested
by Council, revisions
anticipated at the 5/28
Study Session
Staff Supplemental Information:
Existing Vision of Environmental Element:
“Protect Bremerton’s natural environment by meeting the needs of today’s citizens
without compromising the needs of future generations.”
KRCC Countywide Planning Policies reference:
5 Anna Mockler
Environment
Element
Proposed revised Policy in Environmental Element:
NE-8 Develop policies and actions to address climate change.
Alterations requested
by Council, revisions
anticipated at the 5/28
Study Session. NOTE:
NE-8 is a KRCC CPP
and not currently in the
Comprehensive Plan.
Revisions limited to
adding this information
in the KRCC section of
Environmental
Element.
Staff Supplemental Information:
Existing Environmental Element Policy:
NE-8 Consider policies and actions to address climate change.
3) FUTURE ZONING CODE AMENDMENTS
6 Jane Rebelowski
Parking
I am in favor of removing all parking minimums throughout the city. Planning Commission
action anticipated May
19, 2025
Staff Supplemental Information: See May 19, 2025 Planning Commission Packet
7 Denise Frey
Parking
Favors market-based parking standards for Harrison Heights Subarea Plan. Planning Commission
action anticipated May
19, 2025
Staff Supplemental Information: See May 19, 2025 Planning Commission Packet
8 Anna Mockler
DCC
Development
Amend zoning & take other actions to encourage development near DCCs.
How can we offer incentives to developers to build multi-family immediately
adjacent to DCCs?
5/15 Comment: Restrictive zoning within 10-minute walkfield of “Centers” for
residential use with commercial on ground floor (as at St V dePaul project), with at
least 50% of housing at 60-80% AMI. Specifically, the empty parking lots behind
the U-Haul at Wycoff and 6th St / Kitsap Way.
Item will added to
future planning efforts
(bullpen)
9 Anna Mockler
Development
Patterns
Discourage McMansions with wide sidewalks and few common areas replacing
mature forest in car-dependent settings
No action requested
by Council
10 Anna Mockler
Development
Patterns
Require Council approval for all proposed structures >35 feet high. No action requested
by Council
11 Anna Mockler
Neighborhood
Business
Neighborhood business districts should have the same requirement for public
access that DCC
No action requested
by Council
12 Anna Mockler
Tree Canopy
Central Bremerton has very little canopy. For equity’s sake, provide central
Bremerton – especially low-income neighborhoods – with real shade trees. Plant
them along streets, in parks, in parking lots, in public areas. Post 3-5 year bonds on
contractors who install, to ensure they live.
“Consider vegetation selection” is not a strong mandate. Our BMC 20.50, our
PROS plan, and others, all call for focus on native vegetation.
Replace with “Plant native or nearby trees with maximum heights >40 feet".
Planning Commission
review 2nd half of
2025
Staff Supplemental Information:
See Planning Commission 4/21/25 Packet, New Business, Landscaping Code,
Critical Areas Ordinance, Shoreline Master Program to be updated in 2nd half of
2025
13 Anna Mockler
Priority Habitat
& Species
1) “Species of local importance” are mentioned as an option. How is this option
exercised?
2) Priority Habitat & Species Map
Make sure we’re consistent with Kitsap County, which has reportedly revised
Priority Habitat & Species to include beaver habitat, e.g., Pendergast ’s
beaver/otter wetland. Final draft hasn’t come out yet.
Planning Commission
review 2nd half of
2025
Staff Supplemental Information:
Habitats & Species of Local Importance BMC 20.14.720(f)
See Planning Commission 4/21/25 Packet, New Business, Landscaping Code,
Critical Areas Ordinance, Shoreline Master Program to be updated in 2nd half of
2025
4) INFORMATION/ANALYTICS
14 Jane Rebelowski
Police Positions
The math appears to be incorrect on positions in Police Department. Section 3.21
states 81 positions budgeted but listed are only 77 positions.
No action requested
by Council
Staff Supplemental Information: Point in time jobs information, all positions were not
filled
15 Anna Mockler
Greenhouse
Gas Emissions
Requests more information on GHG emissions, what has helped reduce them, and
potential mitigation measures
[1] Kitsap County Communitywide Geographic Greenhouse Gas Emissions 8/2022
Page 6 -- Total GHG emissions in 2019 increased 16% compared to the last
inventory year (2015; Figure 22).
The largest GHG emissions sources are building electricity (~36%), onroad
transportation (~19%), and tree loss (~17%) (Figure 11, Figure 33).
No action requested
by Council
Staff Supplemental Information: See Environmental Appendix
HB 1181 new climate change and resiliency element required by 2029
16 Anna Mockler
Shoreline
Management
Program
Shoreline Master Program, p.22. We’ve had these goals for a long time. Please
give us an assessment of how well they’ve succeeded since the last Comp Plan.
How did the 2021 amendment, allowing rebuilding to existing footprint, regardless
of height or nearness to critical shoreline processes, serve to protect our shorelines
of statewide significance?
Please update us about the work the City has done to provide opportunities for the
general public to have access to enjoying shorelines.
Where are the separate maps included in the SMP?
Planning Commission
review 2nd half of
2025
Staff Supplemental Information: See Planning Commission 4/21/25 Packet, New
Business, Landscaping Code, Critical Areas Ordinance, Shoreline Master Program
to be updated in 2nd half of 2025
17 Anna Mockler
Mapping Scale
1) Can’t see central Bremerton well on any of these maps. Are there larger or
interactive maps somewhere? At this scale, there are no wetlands in central
Bremerton, no frequently-flooded areas, etc.
Where are these maps from? When are they from?
Who supplied the definitions of text to the left of each map?
2) Frequently Flooded Areas Map
Only visible 100-yr flood plain at this scale is near Gorst.
Revisions will be
presented at the 5/28
Study Session.
Revisions are limited
to updating mapping to
include sources.
Staff Supplemental Information:
Interactive map available Kitsap County Parcel Search
Map Data Sources: Washington Geological Survey, Washington State Department
of Natural Resources, Washington State Department of Fish & Wildlife, and Kitsap
County Open Data GIS
18 Anna Mockler
Geologic
Hazards
Geologically Hazardous Areas Map
Both the KCCGGGE (2022) and the KCCRS (2020) discuss the increased risk of
landslides with the increase of extreme rain events. Major landslides this year in
Alaska – with no historic precedent -- are just one result of extreme events resulting
from climate crisis.
Make sure we’re using most up to date geologic research before issuing land use
permits on slopes. Our climate has changed dramatically.
Planning Commission
review 2nd half of
2025
Staff Supplemental Information:
See Planning Commission 4/21/25 Packet, New Business, Landscaping Code,
Critical Areas Ordinance, Shoreline Master Program to be updated in 2nd half of
2025
19 Anna Mockler
Multifamily
Housing LDR
Amend zoning to permit 3-story residential multi-family infill in LDRs (low-density
residential areas).
Currently, these are not permitted in low-density residential areas. This is exactly
where they would fit well, especially where they bring sidewalks in their permitting
requirements. The photo of the house in Bellevue in our district digests should
serve as a model for this kind of infill housing.
No action requested
by Council
5) ADDITIONAL COMMENTS RECEIVED
20 Anna Mockler
Citizen/Resident
Throughout: change “citizen” to “resident”; change “citizens” and “citizenry” to
“residents”.
Revisions will be
presented at the 5/28
Study Session
21 Anna Mockler
Neighborhood
Centers
Manette is now the only Neighborhood Center (p.20)?? Why were other
Neighborhood Centers left out?
No action requested
by Council
22 Anna Mockler
Urban Forest
Establish programs and policies that maintain and increase forests and vegetative
cover (ibid.) Where are such policies? What specific actions is COB taking to
“support continued planting of Bremerton’s urban forest...” (p.79, E1-P) How do we
assess increase or maintenance of our “urban forest”?
Revisions will be
presented at the 5/28
Study Session limited
to referencing future
adoption of Utility Land
Management Plan.
23 Anna Mockler
Annual Review
(E-1 (H)) Protect critical areas, habitat and the natural environment through land
use plans, surface water and stormwater management plans and programs,
comprehensive park plans, development regulations and site -specific project
review. Annually review specific development regulations as used by Permit
Technicians to ensure that the regulations fulfil this intent.
No action requested
by Council
24 Anna Mockler
Multifamily
Housing LDR
(EA-6). Bremerton’s western portion contains forested areas and undeveloped
lands, including watersheds (Union River, Gorst Creek, Anderson Creek, Wright
Creek), which support a high diversity of species. These forests, typically second -
growth mixed conifer and deciduous, are home to amphibian species like the tailed
frog and Pacific giant salamander, as well as various small mammals (e.g., otters,
beavers, shrews, moles, flying squirrels, tree voles).
Revisions will be
presented at the 5/28
Study Session
25 Anna Mockler
Multifamily
Housing LDR
Ensure that limited-equity housing cooperatives are legal in Bremerton, as they are
in Bainbridge etc.
No action requested
by Council
26 Anna Mockler
Council Permit
Approval
Require Council approval, per BMC 26.02.040(d) for all permit applications for: FC
(Freeway Corridor) zones; drive-throughs; gas stations; buildings >35 ft high.
No action requested
by Council
27 Anna Mockler
Speed Limits
TRANSPORTATION ELEMENT
Citywide – Maximum speed in City is 30mph.
Lower all 35 mph to 30mph; 30mph to 25mph; all 25mph to 20mph
No right turn on red
All bicycle lanes to be protected
Level of stress to be considered equivalent importance to level of service when
evaluating traffic flow, road channelization, etc.
No action requested
by Council
28 Anna Mockler
Multifamily
Housing LDR
District Six –
A) Traffic calming on 13th St between Wycoff and Kitsap Way:
Create dedicated Nbound lane on Kitsap Way at Callow – move up from Tier 3 and
actively seek funding, AND
Block Kitsap Way at 13th and at Corbett (as done on 11th St near High School) to
prevent left-hand turns from Ebound lanes, AND
Make one-way westbound, with current eastbound lane as 10 mph “shared street”,
OR
Add speed humps on eastbound lane, OR
Reclaim about 12’ of ROW from property owners on N side of 13th for sidewalks, at
very high cost, OR
Some other specific, spelled-out method of making this street safe for kids to walk
to school and adults to walk to work, restaurants, etc.
B) Four-way stop at blind intersection of 15th & Lafayette, with marked crosswalk
C) No Left Turn signs at Kitsap Way at 13th St and at Corbett. Map apps often tell
drivers to make this left; signage would eliminate this dangerous suggestion.
No action requested
by Council
From: Marianne Weber <marianne@elevatedservices.com>
Sent: Tuesday, May 13, 2025 9:30 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Wes Larson <wes@soundwestgroup.com>
Subject: MFTE Lender Opinion
Good Evening City Council,
I was asked to pass along a letter from one of our many lenders here at Sound West Group. They
are real estate investors, lenders, and partners in the Puget Sound Region. The MFTE program helps
new construction secure more favorable terms in the lending phase, which assists with making the
project viable, raising the required equity, and having a better loan to value option. If interested,
Wes Larson, CEO of Sound West Group, would be happy to walk through creating a pro forma for a
new construction build and showing how the MFTE lever changes the metrics to make a project
viable. We have one project that wouldn’t move forward without the program, period. Thank you for
your time and consideration.
Kindest Regards,
Marianne Weber
Principal | VP Development, Property Management, CAM
SOUND WEST GROUP | ELEVATED PROPERTY SERVICES
My working day may not look like your working day.
Please don’t feel obligated to reply to this e-mail outside of your normal working hours.
Thank you!
marianne@soundwestgroup.com
(360) 850-7242
423 Pacific Ave, Ste 402
Bremerton WA 98337
soundwestgroup.com
CONFIDENTIALITY NOTE: This e-mail contains information belonging to Sound West Holdings LLC, its principals, affiliates or
subsidiaries, which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the
individuals or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not
the intended recipient, any dissemination, distribution or copying is strictly prohibited.
IMPORTANT TAX INFORMATION: To insure compliance with U.S. Treasury Department regulations, we advise you that, unless
otherwise expressly indicated, any federal tax advice contained in this correspondence was not intended or written to be used, and
cannot be used, for the purpose of: (i) avoiding tax-related penalties under the Internal Revenue Code of 1986, as amended, or
applicable state or local tax law provisions; or (ii) promoting, marketing or recommending to another party any tax-related matters
addressed herein.
H A L
HAL Real Estate Inc.
2025 First Avenue, Suite 700 Seattle, WA 98121 t 206.448.5080 www.halrealestate.com
May 13, 2025
Bremerton City Council
345 6th St., Suite 100
Bremerton, WA 98337
Re: Recommended Continuance of MFTE Program
Dear Members of the Bremerton City Council,
It has come to our attention that the City is considering terminating the Multifamily Tax Exemption
(MFTE) Program in Bremerton. We strongly oppose this proposal, as the program serves as a vital
incentive to foster development through tax abatement.
Bremerton, as a tertiary market, relies heavily on such incentives to stimulate growth and attract
investment. As is widely understood, development costs have escalated significantly in recent years.
Today, the cost to build in Bremerton is comparable to that in Seattle. However, investors demand higher
risk-adjusted returns for projects in tertiary markets, which programs like the MFTE help facilitate.
HAL has been an active real estate investor in the Puget Sound region since 1993. Over the past decade,
we have invested approximately $500 million across 24 projects, with a total value of around $2 billion.
While headquartered in Seattle, we operate as a subsidiary of a large public company with an estimated
market capitalization of approximately $10 billion. This structure allows us to close transactions swiftly
and with considerable flexibility. Notably, we do not raise outside equity; all investments are funded
solely from our own balance sheet.
We believe supporting the MFTE program is crucial to ensuring Bremerton remains an attractive market
capable of continuing its growth trajectory. We urge you to reconsider any plans to eliminate this
important policy tool.
Thank you for your attention to this matter. We appreciate your commitment to fostering a vibrant and
prosperous Bremerton.
Sincerely,
HAL Real Estate Inc.
By:
Name: Roger Long
Its: Vice President
Date: 5/13/2025
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 14, 2025
Proposed 6-Month Moratorium for New
Applications for the Bremerton Multi-Family
Tax Exemption (MFTE) Program
COUNCIL MEETING Date:
Department: City Council
Presenter: Jane Rebelowski
Phone: (360) 473-5280
SUMMARY: A discussion to consider a temporary suspension of new applications for the MFTE
program in Bremerton for six months, allowing for a comprehensive evaluation of its fiscal impact and
effectiveness—particularly regarding tax exemptions granted to market-rate units.
This proposal is in response to the 2025-2026 Council Goals & Priorities:
8. Housing Equity
ii. Continue to evaluate and adopt regulations that foster the development of housing for low
income and support creation of “missing middle” housing
iii. Review Multi-Family Tax Exemption Policy
ATTACHMENTS: 1) Summary 2) Draft Ordinance 3) Email from Department of Community
Development with Project and Rent Limits 4) Email from Kitsap County with Market and Value
Analysis 5) Email from Department of Community Development with Project & Application List
6) Ordinance No. 5463 adopted 11/2/22
FISCAL IMPACTS (Include Budgeted Amount): TBD
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. authorizing a 6-month moratorium on new applications to
the Multi-Family Tax Exemption Program.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
A6
Six-Month Moratorium Plan: Bremerton Multifamily Tax
Exemption (MFTE)
Objective
To temporarily suspend new applications for the MFTE program in Bremerton for six
months, allowing for a comprehensive evaluation of its fiscal impact and effectiveness—
particularly regarding tax exemptions granted to market-rate units.
Background
The MFTE program offers property tax exemptions to developers building or
rehabilitating multifamily housing. An 8-year exemption is granted for market-rate units,
while a 12-year exemption requires 20% of units to be affordable.
Recent data and reports indicate:
The 8-year (no affordability requirement) is disproportionately favored.
The 12-year exemption with affordability requirements is underutilized.
The program may be increasing tax burdens on other residents due to foregone
revenue from exempted properties.
Implementation Plan
1. Moratorium Ordinance
Adopt a six-month moratorium on new MFTE applications.
Exclude projects already approved or under construction.
Justify as a pause to determine whether tax exemptions for market-rate housing
benefit the public.
2. Evaluation Task Force
Composed of city staff, developers, and community reps (51% of the total
committee).
Charged with assessing the program’s costs, affordability impact, and alignment
with city housing goals.
3. Data & Fiscal Analysis
Total property tax revenue lost due to MFTE exemptions over the past 5 years.
Number of market-rate vs middle income housing units created.
DRAFT – Discussion
5/14/25 Study Session
Estimate of how much additional property tax has been shifted to other
taxpayers.
4. Public Input
Host town halls and listening sessions.
Survey renters, homeowners, and housing advocates on perceived impacts.
5. Deliverable
A full report by the end of the moratorium with recommendations:
o Reform or repeal of the MFTE program.
o Shift toward programs with more binding affordability guarantees.
o Clear metrics for evaluating public benefit of tax incentives.
Sources & References
City of Bremerton MFTE Program Overview:
https://www.bremertonwa.gov/280/MFTE
Kitsap Affordable Housing Recommendations Report:
https://www.bremertonwa.gov/DocumentCenter/View/8503/Kitsap -Bremerton-
Affordable-Housing-Study---Appendix-A-PDF
RCW 84.14 – Multifamily Property Tax Exemption:
https://app.leg.wa.gov/RCW/default.aspx?cite=84.14
Bremerton City Council meeting packets and budgets (for estimating tax shift
impact):
https://www.bremertonwa.gov/AgendaCenter
1
Proposed Moratorium to
MFTE Program - 2025
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, authorizing a 6-month moratorium on new
applications to the Multi-Family Tax Exemption (MFTE) Program.
WHEREAS, The MFTE program offers property tax exemptions to developers
building or rehabilitating multifamily housing. An 8-year exemption is granted for market-rate
units, while a 12-year exemption requires 20% of units to be affordable.
WHEREAS, Recent data and reports indicate: The 8-year (no
affordability requirement) is disproportionately favored. The 12-year exemption
with affordability requirements is underutilized. The program may be increasing
tax burdens on other residents due to foregone revenue from exempted properties.
WHEREAS, a temporary suspension of new applications will allow
for a comprehensive evaluation of its fiscal impact and effectiveness, particularly
regarding tax exemptions granted to market-rate units.
NOW THEREFORE;
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are hereby adopted and
incorporated as set forth herein in full.
SECTION 2. Moratorium. The Bremerton City Council does hereby declare a
moratorium on the acceptance of new applications to the Multi-Family Tax Exemption Program.
During said moratorium, no application will be accepted for this purpose within the City of
Bremerton.
SECTION 3. Pending Applications. Substantially completed applications, filed and
accepted by the City for the Multi-Family Tax Exemption Program, shall not be affected by this
moratorium.
SECTION 4. Duration. The moratorium established herein shall be for a period
of six months from adoption, unless extended as provided by law, subject to a public hearing
being held days from adoption if the City Council does not make findings of fact justifying
the moratorium during a public hearing(s) held within that time period. This moratorium may
also be terminated earlier by motion of the City Council.
DRAFT
Discussion
5/14/25 Study Session
2
Proposed Moratorium to
MFTE Program - 2025
SECTION 5. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force on
____________________.
PASSED by the City Council the___________ day of ____________________, 2025.
_________________________________
ERIC YOUNGER, Council President
Approved this ________ day of ________________________, 2025.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2025.
EFFECTIVE the ________ day of ______________________, 2025.
ORDINANCE NO. ____________
From: Kelli Lambert <Kelli.Lambert@ci.bremerton.wa.us>
Sent: Friday, April 4, 2025 3:07 PM
To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Greg Wheeler
<Greg.Wheeler@ci.bremerton.wa.us>; Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>
Subject: RE: MFTE Info for PFIP Committee
Councilman Coughlin,
The MFTE information you requested is attached.
The table lists projects currently receiving MFTE, projects approved but not yet completed, and the
one application that is in review (for the Spyglass Hill Apartments 12 Year Extension).
The separate document shows the rent limits for Low- and Moderate-Income households. These
are based on 2024 Area Median Income (AMI), the HUD site has not yet updated AMI for 2025.
Please me know if I can answer any questions about this.
Best,
Kelli Lambert
Senior Planner
City of Bremerton |345 6th Street | Bremerton, WA 98337
Physical Location: Suite 600 | Mailing: Suite 100
360.473.5245
Kelli.Lambert@BremertonWA.gov
**If you would like to contact the Department of Community Development please
email dcdpermits@ci.bremerton.wa.us, or individual staff members from our DCD Staff
Directory , you may also call our main line 360-473-5275. For a complete list of all City
staff please visit the City Staff Directory page. The initial information you provide will
help determine how best to assist you, whether that is through a phone call, email,
virtual meeting, or onsite visit.**
From: Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>
Sent: Wednesday, March 26, 2025 9:41 AM
To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>
Cc: Mike Riley <Mike.Riley@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us>; Greg
Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Kelli Lambert <Kelli.Lambert@ci.bremerton.wa.us>
Subject: Re: MFTE Info for PFIP Committee
Hi Jeff -
We can pull together the data for the first two items (buildings/units that fall under the
MFTE program, and the HUD low & middle-income rates), and we should be able to get you
the information by Friday April 4th. We don't track the data for the ad valorem tax
exemption rates, that'll have to be obtained through the KC Assessor.
Andrea
From: Jeff Coughlin
Sent: Tuesday, March 25, 2025 8:38 PM
To: Andrea Spencer
Cc: Jane Rebelowski; Michael Goodnow; Mike Riley
Subject: MFTE Info for PFIP Committee
Hi Andrea,
At the next PFIP meeting on April 22 we will be diving into the MFTE program, and were
hoping to get ahead of time the following data if possible.
• The buildings (and units in each) that fall under the MFTE program, including:
o How how many fall under the 8, 12, and 20 year MFTE.
o For the 12 and 20 year MFTE, how many are designated low and how many
middle income.
o When each building (and # of units) is dropping off the MFTE program.
• What is the current low- and middle-income rates?
o (Knowing this is based on county-wide median income, and we could apply a
Bremerton factor.)
• What is the current ad valorem tax exemption for each building (and # of units)?
o We may be able to look this up via county assessor as well if the city doesn't
have it.
I will also be working with building owners to get the current market-rate rents, but if the
city had any data on that, greatly appreciated.
Anything else you think may be helpful is also greatly appreciated, and happy to chat on
the phone if anything isn't clear or I may have misstated anything.
Thanks!
Jeff
--
This e-mail and further communication may be subject to public disclosure, if requested under the Washington Public Records Act (RCW
42.56).
MULTIFAMILY TAX EXEMPTIONS
PROJECT MFTE
PERIOD
UNIT
COUNT
# of AFFORDABLE
UNITS
EXEMPTION
PERIOD
STATUS
CURRENTLY RECEIVING MULTIFAMILY TAX EXEMPTION
Spyglass Hill
646 Highland Avenue
8 80 N/A 2018 - 2025
B Flats
252 4th St.
8 27 N/A 2019 - 2026
Ambrose (Bay Vista)
4520 Bay Vista Blvd
8 216 N/A 2021 - 2028
1010 Burwell Apts
1010 Burwell St
8 25 N/A 2023 - 2030
Marina Square
280 Washington Ave
8 270 N/A 2023 - 2030
Blue Ridge Apts, Phase I
1911 NE Riddell Rd
8 193 N/A 2025 - 2032
606 Apartments
606 Burwell
12 71 15 2016 - 2027 14 Low, 1 Moderate
Harborside Flats
240 Burwell
12 56 12 2022 - 2033 6 Low, 6 Moderate
The Sage Apartments
2090 Wheaton Way
12 28 25
(6 required)
2025 - 2036 All units currently rent for $1280
(all affordable to Low Income)
PROJECTS APPROVED, NOT YET COMPLETED
Narrows at Clare
Townhomes
2745 Clare Avenue
8 16 N/A
2026-2033
Conditional approval expires
10/1/2027
Broadmoor Commons
Constellation Loop
8 33 N/A TBD Conditional approval expires
5/7/2027
Blue Ridge Apts, Phase II
(address) Riddell Rd
8 130 N/A TBD Conditional certificate not yet
issued (Under Construction)
APPLICATIONS IN REVIEW
Spyglass Hill Apts
646 Highland Avenue
12 80 16 2026 - 2037 12 Year Extension:
Contract in Review
Multifamily Tax Exemption
Income Levels and Rent Limits for Affordable Units
Table 1. HUD Income Levels for the Bremerton-Silverdale MSA
1 Person 2 Person 3 Person 4 Person
Area Median Income
(AMI) 2024
$83,821 $95,760 $107,761 $119,700
Moderate = 115% of AMI $96,394 $110,124 $123,925 $137,655
Low = 80% of AMI $67,050 $76,600 $86,200 $95,750
Table 2. Rent Limits for Affordable Units*
Based on 2024 AMI Bremerton-Silverdale MSA
1 Person 2 Person 3 Person 4 Person
Moderate = 115% of
AMI
$2,410 $2,753 $3,098 $3,441
Low = 80% of AMI $1,676 $1,915 $2,155 $2,394
*Including utility costs
From: Shannon Lewis <SLewis@kitsap.gov>
Date: April 16, 2025 at 11:01:25 AM PDT
To: Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>
Cc: Holly Becksted <hbecksted@kitsap.gov>
Subject: RE: MFTE City of Bremerton
Good morning, Jane
I have included Holly Becksted in on this response.
Holly replaced me as the Levy Specialist a few years ago when I was promoted as the
Administrative Supervisor.
It’s possible that I may be retired by this time next year, so I want to make sure she is
familiar with the information you are seeking.
I believe the three attachments will contain the information you requested.
The Excel file includes the properties that have been approved for the multi-family tax
exemption.
The market value as well as the taxable value is shown.
The taxable value is the amount that is not exempt and is the value that the properties
are paying taxes on.
There is an estimate of the amount that would have been paid if there was no
exemption.
This was done by taking the Estimated Rate with No Exemption and applying it to the
total market value. (Rate X .Market Value / 1,000)
The Estimate Rate is about 0.207 lower than the actual combined rates for 2025.
Most of the exempt properties are in tax code 0010. One is in tax code 0060, which
includes all the listed tax districts under 0010 except the Port of Bremerton.
Tax codes reflect the consolidation of tax districts that serve the same property owners.
We apply the tax code to each property that is served by the same tax districts.
This allows us to apply one consolidated rate to these properties.
I included the affected tax districts and their levy rate under tax code 0010. Then I
included the percentage of the individual levy rates from the total (consolidated) rate.
The PDF attachment is a report with the same rates for tax codes 0010 and 0060. The
reports show the factor for each levy rate which falls in line with percentages.
The second worksheet shows the estimated levy rate property owners in tax codes
0010 and 0060 would have paid if the properties were taxable.
I come up with tax rates about 0.207 lower if the properties were fully taxable.
As in the case with any exemption, taxes not paid by exempt properties are shifted to
nonexempt properties.
The estimated shift of property taxes to a single-family residence in the City of
Bremerton, using the 2025 median assessed value of 386,340, is 79.97.
(386,340 X 0.207 / 1,000 = 79.97)
This is the final year of exemption for the Spyglass Apartments. They will be fully
taxable for 2026.
There was a new exemption for the Wheaton Way Apartments for 2025.
This property sold February 21, 2025, to the Housing Authority of the City of Bremerton,
which is a publicly owned entity, making the property fully exempt as of the date of sale.
If you have any questions or if I can be of further assistance, please let me know.
Shannon Lewis
Administrative Supervisor
Kitsap County Assessor’s Office
slewis@kitsap.gov
(360) 337-7094
(360) 337-4874 fax
Office hours: Monday - Thursday 9AM – 4:00 PM & Fridays 9AM – 12:00 PM
From: Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>
Sent: Wednesday, April 16, 2025 7:16 AM
To: Shannon Lewis <SLewis@kitsap.gov>
Subject: MFTE City of Bremerton
Hello Shannon,
Hope you are enjoying our beautiful weather! When you have time can you please provide
me with the current properties in Bremerton city limits that are receiving the Multi Family
Tax Exemption. Please include the “lost” tax revenue and the percentage changes that tax
payers are shouldering. I appreciate your help.
Jane Rebelowski
Public Works Committee Chair
Finance Committee member
District 4 Councilor
Levies by Tax Code, Tax Status, and Tax DistrictTax Code: 0010 Tax Year: 2025 Tax Status: TWednesday April 16, 2025 7:50 AMPage 1 of 1Voted % Dist # LevyRateLevyNoLevy Name FactorCity? Active?LevyType100010001000100183008300861086108610861087008700870087018800880088019301960000051000010200050640007080000065000000 0.583529 0.025000 0.013000 0.025936 1.608711 0.867343 0.000000 1.898943 0.000000 1.076675 1.471078 0.088168 0.144276 0.500000 0.195288 0.000000 0.000000 0.044441 0.274411 0.066184 0.002835 0.001474 0.002942 0.182460 0.098374 0.000000 0.215378 0.000000 0.122116 0.166849 0.010000 0.016364 0.056710 0.022150 0.000000 0.000000 0.005040 0.031124COUNTY CURRENT EXPENSECOUNTY MENTAL HEALTHCOUNTY VETERANS RELIEFCOUNTY CONSERVATION FUTURESSTATE SCHOOL PART 1STATE SCHOOL PART 2SCHOOL DIST NO 100 GENERALSCHOOL DIST NO 100 SPECIAL GENLSCHOOL DISTRICT NO 100 CAPITAL PROJECTSSCHOOL DIST NO 100 GO BONDCITY OF BREMERTONCITY OF BREMERTON BONDCITY OF BREMERTON 10 GO REFCITY OF BREMERTON EMSPORT OF BREMERTON GENERALPORT OF BREMERTON LMT GO BONDPORT OF BREMERTON IDDPUBLIC UTILITY DIST NO 1 GENERALREGIONAL LIBRARY GENERALRRRROSNSBBRBBERRRRRYY 36.38 8.816799Rate
Levies by Tax Code, Tax Status, and Tax DistrictTax Code: 0060 Tax Year: 2025 Tax Status: TWednesday April 16, 2025 7:56 AMPage 1 of 1Voted % Dist # LevyRateLevyNoLevy Name FactorCity? Active?LevyType100010001000100183008300861086108610861087008700870087019301960000051000010200050640007080000000 0.583529 0.025000 0.013000 0.025936 1.608711 0.867343 0.000000 1.898943 0.000000 1.076675 1.471078 0.088168 0.144276 0.500000 0.044441 0.274411 0.067683 0.002900 0.001508 0.003008 0.186593 0.100602 0.000000 0.220256 0.000000 0.124882 0.170629 0.010227 0.016734 0.057994 0.005155 0.031829COUNTY CURRENT EXPENSECOUNTY MENTAL HEALTHCOUNTY VETERANS RELIEFCOUNTY CONSERVATION FUTURESSTATE SCHOOL PART 1STATE SCHOOL PART 2SCHOOL DIST NO 100 GENERALSCHOOL DIST NO 100 SPECIAL GENLSCHOOL DISTRICT NO 100 CAPITAL PROJECTSSCHOOL DIST NO 100 GO BONDCITY OF BREMERTONCITY OF BREMERTON BONDCITY OF BREMERTON 10 GO REFCITY OF BREMERTON EMSPUBLIC UTILITY DIST NO 1 GENERALREGIONAL LIBRARY GENERALRRRROSNSBBRBBERRYY 37.21 8.621511Rate
Name Account number 2025 Market Value 2025 Taxable Value 2025 Exempt Value 2025 Tax Rate 2025 Taxes Estimated Rate With No Exemption 2025 Taxes If No Exemption Applied Notes
606 Lorax Co 3718-014-001-0403 19,476,730 0 19,476,730 8.816799 0.00 8.608605 167,667.48
Spyglass Hill Apartments LLC 3712-002-001-0107 22,572,910 200,050 22,372,860 8.816799 1,763.80 8.608605 194,321.27 2025 Final Year of Exemption - Taxable for 2026
Sound West Quincy Square 8219-000-001-0009 8,094,090 0 8,094,090 8.816799 0.00 8.608605 69,678.83
Bay Vista 5597-000-012-0103 63,887,790 594,490 63,293,300 8.816799 5,241.50 8.608605 549,984.77
Burwell Subsidiary LLC 3718-007-009-0102 10,819,630 159,690 10,659,940 8.816799 1,407.95 8.608605 93,141.92
Marina Square (Sound West)8222-000-001-0004 36,078,440 0 36,078,440 8.816799 0.00 8.608605 310,585.05
Marina Square (Sound West)8222-000-002-0003 38,364,530 0 38,364,530 8.816799 0.00 8.608605 330,265.10
1010 Apartments LLC 3718-022-014-0104 5,827,630 165,110 5,662,520 8.816799 1,455.74 8.608605 50,167.77
Wheaton Way Apartments 3972-000-006-0309 6,393,060 262,750 6,130,310 8.816799 2,316.61 8.608605 55,035.33 Sold to Bremerton Housing Authority 2/21/2025
Sage Apartments 3967-001-017-0608 5,778,870 236,860 5,542,010 8.621511 2,042.09 8.415604 48,632.68 Tax Code 0060
Riddell/Almira Apartments-Phase 1 012401-2-195-2106 53,365,480 0 53,365,480 8.816799 0.00 8.608605 459,402.35
Totals 270,659,160 1,618,950 269,040,210 9,869.00 2,328,882.55 Estimated tax amount if fully taxable
2,319,013.56 Estimated tax amount shifted to others
Tax Code 0010 District Levies 2025 Rate % of Total Rate
County Current Expense 0.583529 6.62%
County Mental Health 0.025000 0.28%
County Veterans Relief 0.013000 0.15%
County Conservation Futures 0.025936 0.29%
State School Part 1 1.608711 18.25%
State School Part 2 0.867343 9.84%
School District 100 - Enrichment 1.898943 21.54%
School District 100 - Bond 1.076675 12.21%
City of Bremerton 1.471078 16.68%
City of Bremerton - Bond 0.088168 1.00%
City of Bremerton - Refund Bond 0.144276 1.64%
City of Bremerton EMS 0.500000 5.67%
Port of Bremerton 0.195288 2.21%
Public Utility District 0.044441 0.50%
Regional Library 0.274411 3.11%
Total Levy Rate 8.816799 100.00%
Tax Code 0060 District Levies 2025 Rate % of Total Rate
County Current Expense 0.583529 6.77%
County Mental Health 0.025000 0.29%
County Veterans Relief 0.013000 0.15%
County Conservation Futures 0.025936 0.30%
State School Part 1 1.608711 18.66%
State School Part 2 0.867343 10.06%
School District 100 - Enrichment 1.898943 22.03%
School District 100 - Bond 1.076675 12.49%
City of Bremerton 1.471078 17.06%
City of Bremerton - Bond 0.088168 1.02%
City of Bremerton - Refund Bond 0.144276 1.67%
City of Bremerton EMS 0.500000 5.80%
Public Utility District 0.044441 0.52%
Regional Library 0.274411 3.18%
Total Levy Rate 8.621511 100.00%
From: Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>
Sent: Tuesday, May 13, 2025 10:09 AM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Eric Younger <eric.younger@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>;
Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Garrett Jackson
<Garrett.Jackson@ci.bremerton.wa.us>; Kelli Lambert <Kelli.Lambert@ci.bremerton.wa.us>
Subject: Information Related to MFTE
Councilmembers -
In advance of the Council Study session tomorrow, and to assist with you with determining
if a MFTE moratorium should be moved forward I thought that I would share a couple of
resources with you:
1. The Washington State Joint Legislative Audit & Review Committee (JLARC) audited
the MFTE program in 2019 and they published this report:
JLARC Report
JLARC Report - Washington
The law has a broad goal: increase multifamily housing, including affordable housing, in urban centers that need it. The Multifamily Housing Property Tax Exemption (MFTE) provides
an 8- or 12-year property tax exemption on new, expanded, or updated multifamily housing. leg.wa.gov
As a result of this audit there were changes at the State level to the MFTE program to
include more reporting measures so that future audits could produce more
conclusive data to determine the results of the program. Bremerton has been
submitting annual reports to the State since the inception of the program here
locally.
2. If you would like to invite them, there is a staff member at the Washington State
Department of Commerce MFTE Program that is available to jurisdictions to answer
questions and we would be happy to reach out to them to see if they could attend a
meeting with you. The website linked here contains a lot of good information about
MFTE programs.
3. At the meeting last week a few Councilmembers inquired about which projects
might be affected if a moratorium is enacted. Attached is a pdf that contains a list
of the projects that are currently receiving the MFTE exemption, and those that are
under construction (these would be unaffected by a moratorium). I believe that
you've seen this portion of the list previously - what we've newly added to the list is
our best estimate of the projects that are in development that are eligible to receive
an exemption - these are the projects most likely to be affected by a
moratorium. Please keep in mind that this last addition to the table is our best
estimate, there may be other plans in development that we may not be aware of.
Andrea
Andrea L. Spencer, AICP
Director of Community Development
City of Bremerton
Office Location: 345 6th Street, Suite 600, Bremerton WA 98337
Mailing Address: 345 6th Street, Suite 100, Bremerton WA 98337
Voice 360.473.5283 | Fax 360.473.5278
Want to be the first to know what’s going on in Bremerton?
Sign up for e-News: www.BremertonWA.gov/e-News
MULTIFAMILY TAX EXEMPTIONS – MAY 2025 PROJECT MFTE PERIOD UNIT COUNT # of AFFORDABLE UNITS EXEMPTION PERIOD STATUS CURRENTLY RECEIVING MULTIFAMILY TAX EXEMPTION Spyglass Hill 646 Highland Avenue Marianne Weber (Sound West) 8 80 N/A 2018 - 2025 Receiving exemption B Flats 252 4th St. Marianne Weber (Sound West) 8 27 N/A 2019 - 2026 Receiving exemption Ambrose (Bay Vista) 4520 Bay Vista Blvd Sam Mullen (The Wolff Co.) 8 216 N/A 2021 - 2028 Receiving exemption 1010 Burwell Apts 1010 Burwell St Joseph Brotherton 8 25 N/A 2023 - 2030 Receiving exemption Marina Square 280 Washington Ave Marianne Weber (Sound West)) 8 270 N/A 2023 - 2030 Receiving exemption Blue Ridge Apts, Phase I 1911 NE Riddell Rd David Dearth 8 193 N/A 2025 - 2032 Receiving exemption 606 Apartments 606 Burwell Crossbeam Investments 12 71 15 2016 - 2027 Receiving exemption Harborside Flats 240 Burwell Redside Partners (Cassadee Erickson) 12 56 12 2022 - 2033 Receiving exemption The Sage Apartments 2090 Wheaton Way Jennifer Kreidler-Moss (PCHS) 12 28 25 (6 required) 2025 - 2036 Receiving exemption (all units affordable to Low Income) Narrows at Clare Townhomes 2745 Clare Avenue Will Mentor 8 16 N/A 2026-2033 Exemption begins 2026. Expected to be owner-occupied
MULTIFAMILY TAX EXEMPTIONS – MAY 2025 PROJECT MFTE PERIOD UNIT COUNT # of AFFORDABLE UNITS EXEMPTION PERIOD STATUS Spyglass Hill Apts 646 Highland Avenue Marianne Weber (Sound West) 12 80 16 2026 - 2037 12 Year Extension, begins 2026 Total Units Receiving Exemption: 1062 PROJECTS APPROVED, NOT YET COMPLETED Broadmoor Commons Constellation Loop Kjell Lindberg (MTT) 8 33 N/A TBD Conditional approval expires 5/7/2027 Blue Ridge Apts, Phase II (address) Riddell Rd) David Dearth 8 130 N/A TBD Conditional certificate expired 12/26/2027 Total Units Approved for Exemption: 163 APPLICATIONS ELIGIBLE Evergreen Pointe Sheldon Blvd Marianne Weber (Sound West) 123 Previously approved, conditional approval expired Bay Bowl 2313 Wheaton Way Mark Goldberg 187 Previously approved, conditional approval expired Bremerton Landing 4800 Prospector St. Austin Roupe 82 Building Permit in Review Reyna View Mixed Use 2410 1st St. Alex Mejia 14 Building Permit in Review Wheaton Way Housing 2512 Wheaton Way Dale Sperling 52 Conversion of Office Space to Apts; Building Permit in Review Harrison Heights Apartments 2520 Cherry Avenue Anna Thompson 336 Presubmittal Conference Held 4/9/25
MULTIFAMILY TAX EXEMPTIONS – MAY 2025 PROJECT MFTE PERIOD UNIT COUNT # of AFFORDABLE UNITS EXEMPTION PERIOD STATUS 606 Apartments 606 Burwell Crossbeam Investments 71 Inquired re: 12 year extension (current MFTE ends 12/31/2027) Total: 865
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Published for
May 14
Study Session
Public Comment
Item A6
401 2nd Avenue South, Suite 200, Seattle, WA 98104 ● 206-622-7833
606 Apartments
606 Burwell St
Bremerton, WA 98337
May 13, 2025
City Council
Bremerton
Dear Members of the City Council,
I am writing on behalf of 606 Apartments, a key Multi-Family property within Downtown Regional Center to
express our strong support for the continuation of the property tax exemption program currently benefiting our
community. As owners and managers of a multifamily property, we believe this program is crucial not only for
local residents but also for the overall stability and prosperity of the city.
The property tax exemption has played an essential role in enabling us to maintain affordable rents, keep our
property in good condition, and continue to provide housing to a diverse range of residents, including students,
military and low-to-moderate-income individuals. In an environment where property taxes continue to rise, this
exemption has been a critical tool in preventing rent increases that would otherwise burden our tenants and
potentially force them to seek housing elsewhere.
Moreover, the exemption has allowed us to reinvest in our property, improve safety & security concerns, and
make upgrades that benefit both our residents and the surrounding community. These improvements have not
only enhanced the quality of life for those living in the complex but have also contributed to the overall
development and vibrancy of our neighborhood.
Without the continuation of this property tax exemption, we would face significant financial challenges, which
could ultimately result in higher operating costs, reduced investment in the property, and—most concerning—
higher rents that could displace vulnerable tenants. The ongoing availability of this exemption helps us avoid
these outcomes and supports our goal of maintaining a stable, affordable, and thriving community.
We respectfully urge the City Council to continue the property tax exemption program for Multi-Family
properties like ours. The positive impact of this program extends far beyond the immediate financial relief for
property owners and helps to foster long-term stability and affordability in our city.
Thank you for your time and consideration. We appreciate your ongoing support and look forward to working
together to ensure that Bremerton remains a place where all residents can live, grow, and thrive.
Sincerely,
Ron Bianco
Senior Operations Manager
606 Apartments
Demographic Detail Report
Property: 606 Apartments
Unit Employer Industry
100 PSNS Government
101 PSNS Government
102 PSNS Government
103 US Navy Military
104 PSNS Government
105 US Navy Military
Victoria Women's Clinic Medical
106 Target corporation Retail
107 United States Navy Military
108 US Navy Military
Starbucks Food Service
109 PSNS Government
110 US Navy Military
111 Amazon Online Retail
112 FreddyTs Bar and Grill Food Service
Retired Unemployed
113 NA NA
114 University of Washington Medical
115 United States Navy Military
116 Northwest Health Law Advocates Law
117 PSNS Government
200 Corporate Housing NA
201 PSNS Government
Bay Pointe Assisted Living
202 US Navy Military
203 United States Navy Military
204 Bremerton Municipal Court Government
205 PSNS Government
206 Kitsap County Government
207 Us Navy Military
208 US Navy Military
209 US Navy Military
Law Office of Bryan and Jetter PLLC Law
210 Corporate Housing NA
211 US Navy Military
212 Victra, Inc.Phone Retailer
213 Unemployed Unemployed
214 PSNS Government
215 Leidos Inc IT
216 Corporate Housing NA
217 Unemployed NA
Sound Transit Public Transit
300 Crossbeam Investments Property Management
301 US Navy Military
US Navy Military
302 US Navy Military
303 US Coast Guard Military
304 PSNS Government
305 Corporate Housing NA
306 Corporate Housing NA
307 US Navy Military
308 Yoko Yoko Food Service
309 Yoko Yoko Food Service
Chungs Food Service
310 Digitalis Education Solutions Inc Education
311 Marriot International Hotel Service
Aithre Inc Aviation
312 PSNS Government
1 of 2
Demographic Detail Report
Property: 606 Apartments
Unit Employer Industry
313 US Navy Military
314 US Navy Military
Unemployed NA
315 PSNS Government
316 US Navy Military
317 US Navy Military
400 US Navy Military
Chick-fil-A Food Service
401 Peninsula Community Health Services Health
Department Of Defence Military
402 US Navy Military
403 PSNS Government
404 C-Swift Construction
Dentistry For Children Densitry
405 US Navy Military
Unemployed NA
406 US Coast Guard Military
407 NA NA
408 US Navy Military
409 NA NA
410 Self Cosmetology
411 PSNS Government
Starbucks Food Service
412 Self Nanny
Department Of Defence Military
413 Amazon Online Retail
414 NA NA
415 Unemployed NA
Crossbeam Investments Property Management
416 PSNS Government
NA NA
417 Retired NA
Retired NA
2 of 2
From: Marianne Weber <marianne@elevatedservices.com>
Sent: Tuesday, May 13, 2025 9:30 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Wes Larson <wes@soundwestgroup.com>
Subject: MFTE Lender Opinion
Good Evening City Council,
I was asked to pass along a letter from one of our many lenders here at Sound West Group. They
are real estate investors, lenders, and partners in the Puget Sound Region. The MFTE program helps
new construction secure more favorable terms in the lending phase, which assists with making the
project viable, raising the required equity, and having a better loan to value option. If interested,
Wes Larson, CEO of Sound West Group, would be happy to walk through creating a pro forma for a
new construction build and showing how the MFTE lever changes the metrics to make a project
viable. We have one project that wouldn’t move forward without the program, period. Thank you for
your time and consideration.
Kindest Regards,
Marianne Weber
Principal | VP Development, Property Management, CAM
SOUND WEST GROUP | ELEVATED PROPERTY SERVICES
My working day may not look like your working day.
Please don’t feel obligated to reply to this e-mail outside of your normal working hours.
Thank you!
marianne@soundwestgroup.com
(360) 850-7242
423 Pacific Ave, Ste 402
Bremerton WA 98337
soundwestgroup.com
CONFIDENTIALITY NOTE: This e-mail contains information belonging to Sound West Holdings LLC, its principals, affiliates or
subsidiaries, which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the
individuals or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not
the intended recipient, any dissemination, distribution or copying is strictly prohibited.
IMPORTANT TAX INFORMATION: To insure compliance with U.S. Treasury Department regulations, we advise you that, unless
otherwise expressly indicated, any federal tax advice contained in this correspondence was not intended or written to be used, and
cannot be used, for the purpose of: (i) avoiding tax-related penalties under the Internal Revenue Code of 1986, as amended, or
applicable state or local tax law provisions; or (ii) promoting, marketing or recommending to another party any tax-related matters
addressed herein.
H A L
HAL Real Estate Inc.
2025 First Avenue, Suite 700 Seattle, WA 98121 t 206.448.5080 www.halrealestate.com
May 13, 2025
Bremerton City Council
345 6th St., Suite 100
Bremerton, WA 98337
Re: Recommended Continuance of MFTE Program
Dear Members of the Bremerton City Council,
It has come to our attention that the City is considering terminating the Multifamily Tax Exemption
(MFTE) Program in Bremerton. We strongly oppose this proposal, as the program serves as a vital
incentive to foster development through tax abatement.
Bremerton, as a tertiary market, relies heavily on such incentives to stimulate growth and attract
investment. As is widely understood, development costs have escalated significantly in recent years.
Today, the cost to build in Bremerton is comparable to that in Seattle. However, investors demand higher
risk-adjusted returns for projects in tertiary markets, which programs like the MFTE help facilitate.
HAL has been an active real estate investor in the Puget Sound region since 1993. Over the past decade,
we have invested approximately $500 million across 24 projects, with a total value of around $2 billion.
While headquartered in Seattle, we operate as a subsidiary of a large public company with an estimated
market capitalization of approximately $10 billion. This structure allows us to close transactions swiftly
and with considerable flexibility. Notably, we do not raise outside equity; all investments are funded
solely from our own balance sheet.
We believe supporting the MFTE program is crucial to ensuring Bremerton remains an attractive market
capable of continuing its growth trajectory. We urge you to reconsider any plans to eliminate this
important policy tool.
Thank you for your attention to this matter. We appreciate your commitment to fostering a vibrant and
prosperous Bremerton.
Sincerely,
HAL Real Estate Inc.
By:
Name: Roger Long
Its: Vice President
Date: 5/13/2025