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Home My WebLink About05/17/2006 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 MAY 17,2006 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB06-100) B. Meeting Minutes - April 19, 2006 (#AB06-101) C. Meeting Minutes - April 26, 2006 (#AB06-102) D. Appointment of John Ales to the Arts Commission (#AB06-103) E. 2006 Contract Addendum with the BREMERTON HOUSING AUTHORITY for Supplemental Police Services with the City of Bremerton Police Department (#AB06-104) F. Professional Services Agreement with SHANNON & WILSON, INC. for Retaining Wall Design on Charleston Beach Road in conjunction with the SR304 Transportation Improvement Project (#AB06-105) G. Resolution No. 2995, recognizing the Vacation of Wycoff Avenue north of 26th Street (#AB06-106) H. Resolution No. 2996, Setting a Hearing Date of June 7, 2006 for Vacating 240-feet of Lafayette Avenue lying just south of 6th Street (#AB06-1 07) I. Resolution No. 2997, authorizing commencement of Cable Franchise Renewal Proceedings with WAVE BROADBAND pursuant to the 1984 Cable Act (#AB06-108) 6. PUBLIC HEARINGS A. Second of 2 Public Hearings on First Amended Concession Agreement between the City of Bremerton and OLYMPIC SOCCER & SPORTS CENTER, LLC [First Public Hearing was held May 3, 2006] (#AB06-097) B. Public Hearing for 2007 CDBG/HOME Policy Plan and Application (#AB06-109) 7. GENERAL BUSINESS - There are no NEW BUSINESS items scheduled... 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING .. Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK yOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT ~. C\A.k . tAc, \.l,~ 0 L I ~~ WP/0 -f b CG-~ S~~~ os> . CLA~ .I-J;JOE 4<;; e1VL. ?J 55:' C 13E A/ 651 c ~ 17~Q/ '* g i5~~~: ~y7 ~,:, ~ VZ l/?J'f~ ~o/I4A/cf Y4 01+ s~ + Slo:Rd ~ I by.r:-~ bep~~j~ ~' k-;;~~fJ ~7~4~ P ~ ~~ ~~. ::Z:-'fCJ~ \fN- Ol)--V\- ~ ~ I ~ tJad ~ ~ ~ tf:;r ""'" yt.... Sa.---e ~ tV,'r; rV'-Y ~ ~ v:; ~ "'e" ~, v ~ ~ ~ ~ G(/~/ ~ ~~~~ ~~ ~ IO;~ 1./1. ~ vz.. s ~ t7 Ov) .$8 0~~ ~ ~~. ~ ~~relcl w,'1/ ~P"1cN~~ ~ ~/ e-J)~ be ~pt-,*~fJ~ ~ 4, ~ cJ't:0 Ov bd fcf ~JY rJL;r s~ o.-.-.fl AX~p~V6~' ;{//f/'i.f2tJlv 7 OT7?J 3rfO '6$"'(0 fJ~:4~ Dr Sr;- €1ISS1J awJ]~/ tJ;I ~8J(1 BILL # u~ -/00 DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~A ........................................................................................ SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: ~-(7-O ~ Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~~y ~ RECOMMENDED MOTION: Move to approve: \ CONSENT AGENDA I2'J \ 1) Check#'s 30S':2!7 ~ .36f~> ;;t; /"::;P'-> .,_, . ~.?~?/ ~/'11c ". /~.>' ..~:--.d/.rj..~r:.. I (::fl~.'...--.-'.::...-::- '':" . -~~ ~--7; _~,~",., - . - . -. .- ~- "':'- - -~.. - ~/-- --.-, RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. -------GOUNGIJ;::AGiioN:- Ii2J-Approve - D--Deny- - 0- Table o Continue - 0 No ActiO!) ----- DIGITAL RECORDING." CITY COUNCIL MEETING MINUTES Wednesday, April 19, 2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,. Washington, Wednesday, April 19, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Adam Brockus, and Brad Gehring. Council Member Wendy Priest was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation provided by of Reverend Paul Meeker of Our Saviour's Lutheran Church. President McConnell · Announced that a Pre-Council Session was held in Council Conference Room 603 from 5:00 to 5:30 PM; which included a 10-minute Executive Session to discuss "LITIGATION" per RCW 42.30.110(1)(i); · Items 6A, 6B, and 7 A have been pulled from the agenda tonight; and · Informed the public that starting next month, there will no longer be a Council Meeting held if there is a 5th Wednesday of the month; but instead, the Council will hold a Study Session. MAYOR'S REPORT Mayor Bozeman presented Jim Svensson from the Department of Community Development, the Mayor's Employee Appreciation plaque for the Month of April 2006; and also recognized his dedicated public service to the City and wished him well on his recent retirement. Derek Kilmer, Representative from the 26th Legislative District, provided an update on some of the accomplishments of the recent legislative session. Laura Lyon provided a briefing on preparing for pandemic flu, an outbreak of a new influenza virus that spreads rapidly. It was explained that the new virus affects only birds or animals at first, but gradually changes to affect people as well. A pandemic begins when the new flu virus is easily passed from person to person. People would have no immunity to it and no vaccine exists to prevent it. For more information, a web site has been set up at WW\'V.pandemicflu.gov. PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS Dorothy Franklin, Director for Transitional Options for Women, a newly formed organization in Kitsap County that assists women recently released from prison. She was here to ask the Council, the City, and the community for their support. Council Member Dianne Robinson left the Council Meeting at approx.6:00 PM and did not return... CONSENT AGENDA A. Check Numbers 307800 to 307860; and EFT- 8942 to EFT-8943; EFT-8945 to EFT-8951; EFT -8953 to EFT -8957; EFT -8944P; EFT -8952P; and EFT -8939C in the amount of $496,039.32 (#AB06-074) B~. .Minutes of Meeting - March 15, 2006 (#AB06-075) C. Minutes of Meeting - March 22, 2006 (#AB06-076) City Council Reg. Mtg. Minutes Wednesday, April 19, 2006 Page 2 of 4 D. Minutes of Meeting - March 29, 2006 (#AB06-077) E. 2005 Collective Bargaining Agreement between the City of Bremerton and IAFF LOCAL No. 437 (#AB06-078) F. Accepting concurrent Jurisdiction with the United States Navy for Federal Property located within the Bremerton City Limits (#AB06-079) G. Sole Source - Single Source Purchase of PlanetAir HD50 Tow Aerator and Related Budget Adjustment (#AB06-080) H. Approval of Application by the SEATTLE OUTBOARD ASSOCIATION for the 2006 Kitsap Lake HydroFest Race on May 20 & 21, 2006 (#AB06-081) I. Contract Modification between the City of Bremerton and WASTE MANAGEMENT, INC;for transport of biosolids (#AB06-082) . J. Lease Agreement between the City of Bremerton and CAMPFIRE USA CENTRAL PUGET SOUND COUNCIL, and GIRL SCOUTs-ToTEM COUNCIL for use of real property, including the building commonly known as the Girl Scout & Camp Fire Building located at 1109 Warren Avenue (#AB06-085) There were no other comments from the public. 6:02:25 M/S/C/U (Arends/Brockus) Move to approve the Consent Agenda as presented. &1\ PUBLIC HEARING AND ORDINANCE NO. 49&8, AUTHORIZING EXEMPTIONS FROM AD VALOREM PROPERTY TAXATION FOR NEW MULTI FAMILY HOUSING IN DESIGNATED CENTERS (#I\BO& 083): Item was pulled from the Agenda... A Study Session will be held to discuss this item on Tuesday, May 9, 2006 at 5:00 PM in the Council Conference Room... &B PUBLIC HEARING AND RESOLUTION NO. 2994, APPROVING THE HIGHLAND & PLEASANT AVENUES DESIGN GUIDELINES (#ABO& 084): Item was pulled from the Agenda... 6C - SECOND PUBLIC HEARING (WITH NO COUNCIL ACTIONl ON RESOLUTION NO. 2993 REGARDING THE CHANGE-IN-USE AND FUTURE SALE OF CITY PARKS PROPERTY LOCATED AT 1109 WARREN AVENUE (#AB06-071): First Public Hearing was held on AprilS, 2006 Roger Lubovich, City Attorney, asked the Council to delay action on this item until May 17, 2006. He explained that after talking with the attorney representing the CAMP FIRE USA CENTRAL PUGET SOUND COUNCIL, and GIRL SCOUTs-ToTEM COUNCIL, a lease was negotiated that would allow for the current tenants to remain in the building for a period not to exceed 3-years while the City is planning for the right-of-way improvements. An amendment is being proposed for this Resolution that would prevent demolishing the building until the lease is terminated or expires. Jane White-Vuillet, CEO of CAMP FIRE USA CENTRAL PUGET SOUND COUNCIL, thanked the Mayor, City Council, City Attorney Roger Lubovich, and Assistant City Attorney Ken Bagwell for negotiating this lease that would allow them additional time in the building; and spoke in support of the friendly amendment to Resolution No. 2993. Ron Van Hollebeke, representing the KIWANIS OF BREMERTON, was here to ask the City not to surplus the property that is behind the Girl Scout building where the tennis courts are currently located so that the building could be moved there. He presented a bid from NICKEL BROS. HOUSE MOVING USA to show what it would cost. _n_ -~--- ------- -~-----,._- City Council Reg. Mtg. Minutes Wednesday, April 19, 2006 Page 3 of 4 Susan Lundman, Regional Membership Manager was here to speak on behalf of Grace Chien, CEO of GIRL SCOUTs-ToTEM COUNCIL, and to express their appreciation for this lease agreement. John T. Hoffman asked while the City is revitalizing, it not forget to save the best of what we have. Jessica Rothery explained her positive experience while being a part of Girl Scout Troop 313 for the last 9-years, and really hoped that the City would not surplus the Girl Scout Hall. Karen Fortner felt that each rock of the large fireplace in the Girl Scout Hall represented a child that earned their self worth while with Girl Scout or Camp Fire. Michelle EaQuinta felt a connection with this building from the years she spent as a Girl Scout, and therefore asked that the City not tear it down. . Verna Clark, a Camp Fire volunteer, distributed information to Council Member Arends that showed a lot of the history for this building, and concurred with the previous requests to not tear it down. Mrs. Arends confirmed that she received the packet of information, and provided it to the City Attorney. Mr. Shepherd asked for a summary report that would show the cause of accidents at the intersection of 11th & Warren; and added that he would be out of town on the proposed date of May 17, 2006 for the next Public Hearing. Mr. Lubovich stated that another date would then be required because a unanimous vote of the entire Council is required to surplus park property; therefore it was suggested that action be delayed until June 7, 2006. 6:28:28 M/S/C (Arends/Maupin) Move to amend Resolution No. 2993 as presented by the City Attorney, and to continue the hearing to June 7,2006. Voted in favor of Motion: Brockus, Arends, Maupin, Wofford, Gehring, McConnell Voted opposed to Motion: Shepherd 7A REORGANIZATION OF POSITIONS IN THE PARKS & RECREATION DEPARTMENT (#AB06 071 ): Item was pulled from the agenda. . . COUNCIL MEMBER REPORTS Mr. Gehrina encouraged emergency preparedness and the various web sites available with detailed information; and discussed the 2-day Firefighter 101 training he would be participating in this week. Mr. Brockus announced the next District 3 Community Meeting would be held on Tuesday, May 2, 2006 from 7:00 to 8:30 PM at the Manette Senior Center located at 13th & Nipsic to discuss "Manette Neighborhood Centers - Are We Ready to Start Planning" with Chris Hugo from the City's Department of Community Development. Mr. Shepherd provided information on the Sinclair Inlet Clean-Up event held last weekend; the Kitsap County Earth Day program here in the Chambers on April 22; and a tree planting project on April 29 along Warren Avenue by volunteers from Kitsap Trees. Lastly, he announced that a District.S Community Meeting would be held on Thursday, May2S, with further details to be announced soon. Ms. Arends discussed her attendance at the Health Department Finance Committee meeting. ... .- - ~------- ---_.~--------------- City Council Reg. Mtg. Minutes Wednesday, April 19, 2006 Page 4 of 4 Mr. Maupin reported on his attendance at the Kitsap Transit Board meeting with fellow Council Member Arends where they discussed fast ferries; and the Puget Sound Regional Council (PSRC) Growth Management Policy Board Meeting to discuss Vision 2020+20. He also participated in an interesting panel discussion on growth management in front of the Leadership Kitsap class with Assistant City Attorney Ken Bagwell. Mr. Wofford thanked fellow Council Member Mike Shepherd for his volunteer work, and at the same time providing a reminder of the many opportunities there are available for citizens wishing to volunteer. With no further business, President McConnell adjourned the regular business meeting of the City Council at 6:42 PM. prlifll~ LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM/PJ/ls/cg .- --- -- ----- --- DATE SUBMITTED: m 0. '1 e I ')-0 0 0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # {Jh -IO;L 5(. I....................................................................................... SUBJECT: Minutes of Meeting - Apr; I :J. (p I ?-O 0 {t; Committee Meeting Date: N/ A COUNCIL MEETING Date: rYlo. y 17 j 2-00 (p Department: City Council Presenter: Cecil McConnell, Council President Phone: (360) 473-5280 SUMMARY: Attached are the meeting minutes for the Council Meeting held ApYi ( .2 & I l c::c> '=' ATTACHMENTS: Meeting Minutes for ftf~ I ;Z (p) :Lc:::. 0 Co FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: / COUNCIL PRESIDENT: <~~;;::::;:;{ .!'~~;~~~:~'J:::"1:~>{~r:;( RECOl\IMENDED MOTION: Move to pass the CONSENT AGENDA as presented. I CONSENT AGENDA IS! I . __.-.-:-=-.<=QJJNCIL.ACTION: ~ Approve .. 0 Deny_ . .[J~:rable=~ -=~-g~Contrnue~DNo-Acti6n-=-==---=---~- DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 26, 2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th. Street, -Bremerton, Washington, Wednesd~y, April 26, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Reverend Dr. Harold M. Brockus. President McConnell announced that a Pre-Council Session was held in Council Conference Room 603 from 5:00 to 5:30 PM. PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS Adam Brockus announced the next District 3 Community Meeting would be held on Tuesday, May 2, 2006 from 7:00 to 8:30 P.M. at the Manette Senior Center located on Nipsic Avenue to discuss "Planning our Manette Neighborhood Center: Are We Ready?"; and also provided information about Teen Fest that will be held at the Kitsap Mall on Saturday April 29, 2006 from 5:00 to 8:00 PM for all teens throughout Kitsap County. Mike Shepherd announced that a District 5 Community Meeting would be held on May 25 to discuss neighborhood and individual planning for the flu pandemic. Brad Gehrina discussed the opportunity he had to participate in the Fire Operations 101 training last week. CONSENT AGENDA A. Check Numbers 307861 through 308058; and EFT-8958 through EFT-8964; EFT-8966 through EFT-8969; and 8965P in the amount of $1,782,170.25; and Regular Payroll in the amount of $613,510.92 for period ending April 15, 2006 (#AB06-087) B. Approve the hiring of Wyn Birkenthal as the new Director of Parks & Recreation above Rate 1 of the "2006 Management Salary Plan"; and to confirm his appointment (#AB06-088) There were no other comments from the public. 5:38:17 M/S/C/U (PriesUArends) Move to approve the Consent Agenda as presented. - With no further business, President McConnell adjourned the regular business meeting of the City Council at 5:40 PM. Council Members then reconvened in Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items. P~~d~ L RI SMITH . Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM/PJlls/cg _ ______~_____~_____ _ ______u ______~___ DA TE SUBMITTED: April 24, 2006 AGENDA BILL CITY OF BREMER TON CITY COUNCIL BILL # 0(0- L03 51) ........................................................................................ SUBJECT: Appointment to the Arts Commission Committee Meeting Date: May 10, 2006 COUNCIL MEETING Date: May 17, 2006 Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: There is a vacancy on the Arts COllU11ission due to the resignation of Leanne Ryan. It is recommended the vacancy be filled by John Ales. A TT ACHMENTS: Application for appointment. FISCAL IMP ACTS (Include Budgeted Amount): n/a APPROV ALS: DEP AR TMENT DIRECTOR- CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ /$ff " /. P' / )!:.?)~~~4/ RECOMMENDED MOTION: Move to confirm the appointment of John Ales to the Arts Commission. FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: CONSENT AGENDA ~ COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Application For City Boards/ Commissions/ Committee Note: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appoiritment. (Please type or print clearly) Date: 2/1/2006 Name: John FIRST Peter MIDDLE Ales LAST Home Address: 405 Shore Drive NUMBER STREET Occupation: Architect Home Phone: (360) 782-0751 WA STATE Bremerton CITY 98310 ZIP Employer: Mithun Inc. Work Address: 1201 Alaskan Way Suite 200 NUMBER STREET Work Phone: --.- ~--~-=--- WA Seattle CITY 98101 STATE ZIP Fax: (206) 623-7005 E-Mail: johnales(a2earthlink.net Education: Masters of Architecture - Washington University, St. Louis BA Architectural Studies & BS Constructruction Management - University of Washington, Seattle Local References (names and phone numbers): Steven Priest (360) 373-2764 Don Wesley (360)265-2374 Brag Gehring (360) 373-5910 J am interested in serving (please check one or more): D Disability Action Committee D Civil Service Commission (18 yrs. and older) D Urban Forest Committee D Public Access Citizens Advisory Committee D Community Development Block Grant Advisory Board D Youth Council D Safe Streets Steering Committee D Board of Appeals, Housing/Building Codes IS] Arts Commission o Planning Commission (18 yrs. and older) o Parks & Recreation Commission o Ethics Commission o Parking Advisory Board o Mayor's Select Committee on Law Enforcement o Bremerton Housing Authority o Solid Waste Management o Citizen's Commission on Council Salaries Is this an application for reappointment? No If yes, how many years have you served on this commission/committee? N/A City Appointment Application Page 1 of 1 Why are you applying for this appointment? I believe that the Arts Commission will have the chance to help enliven and beautifY our city during this exciting time of urban renewal and wished to contribute my time and talents to this commission. Which of your personal and/or professional interests prompted you to apply for this appointment? I feel that I can give back to the community by using the skills that I have developed in the design and development fields by serving on the Arts Commission. Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes, please list: Yes, I am currently serving on the Civil Service Commission. Please list your qualifications for this appointment (include skills, activities, training, education): I hold a BA in architecture and BS construction management from the University of Washington as well as a Masters of Architecture from Washington University in St. Louis. One of the major strength I can bring to the Commission is my professional experience working in the design and building industry. What are your community interests (committees, organizations, special activities)? I am currently serving Civil Service Commission for Bremerton. I have worked on Habitat for Humanity homes in St. Louis and Seattle. I recently volunteered my professional services for the site and conceptual design of a new group of Habitat for Humanities homes in south King County. Through the University of Washington School of Architecture, T volunteered at local elementary schools by talking about the architectural profession. I have been an active member of the Seattle Chapter of the American Institute of Architects and have volunteered at several of their functions. I have also volunteered time at my church, St Demetrious Greek Orthodox Church. We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at (360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed form to: Mayor's Office, 345 6th Street, Suite 600, Bremerton W A 98337. City Appointment Application Page 2 of2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # . O~ - i O<<t- DATE SUBMITTED: May 2, 2006 se ........................................................................................ SUBJECT: Bremerton Housing Authority Contract Addendum for Supplemental Police Services with the City ofBremerton Police Department Committee Meeting Date: 05-10-2006 COUNCIL MEETING Date: 05-17-2006 Department: Police Presenter: Lt. Greg Rawlins Phone: 473-5233 SUMMARY: The City ofBremerton Police Department has a contract with the Bremerton Housing Authority to provide police service for the Westpark Housing development. The 2006 contract requires an addendum to meet new BHA community policing requirements for the Firs Apartment construction area. The 2006 addendum identifies financial terms and specific services. The contract is through September 2006 or until the Russell Road construction project is complete. ATTACHMENTS: 2006 Contract Addendum for Supplemental Police Services APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: FISCAL IMPACTS (Include Budgeted Amount): The Bremerton Police Department will obtain additional funding from BHA in order to conduct police patrols as indicated in the addendum. The . supplemental services will not exceed $27,012.00. /,1 // I -'4~ /~;~ MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: IP~&// I "'1 .. ... ./.. .... .._-;;;:::7 /~ CONSENT AGENDA m ;t!::'~ c:..-? : ~ ~7 ~:z::- e-' ?' RECOMMENDED MOTION: Move to approve the 2006 service contract addendum with the Bremerton Housing Authority to support community policing services in Westpark Housing and authorize the Mayor to finalize and execute the contract addendum with substantially the same terms and conditions as contained in the proposed agreement. COUNCIL ACTION: . D Approve__.D-Deny___ 0 Table _n-----D-Continue-:-::[J~~()~A.~!.i~.l!: ". ._----------~-- FROM :BREMERTON POLICE-PATROL FAX NO. :3604735396 Ma~. 02 2006 10:52AM P2 Contract Addendum for Supplemental Police Services The Housing Authority of the City of Bremerton ("BHA Q) and the Bremerton Police Department ("City"), referred to collectively as the "Parties", are entering into an agreement for supplemental police services as of April 18, 2006, for a term of up to five months. Length of contract depends on construction project of Russell Road. When the road project Is completed, Bremerton Police Department selVlces identified In this contract will no longer be deemed necessary. Final approval of this contract Is subject to BHA Board of Directors" approval at their meeting on April 26, 2006. The extended contract will apply to the overtime salary for additional security patrols in the area of the Rrs Apartment Complex, including designated Firs parking lots, and the Firs II Construction area. The fOllowing are the professional services to be provided: The Bremerton Police Department will obtain additional funding from BHA in order to conduct police patrols In Westpark in the area of The Firs Apartment complex, designated parking areas for Firs residents, and the construction area for The Firs II through September 2006 or until the Russell Road construction project is completed. Supplemental patrols would operate in 4 hour shifts up to a maximum of 24 hours per week. This would consist primarily of blkelfoot patrols and marked police vehicles. The Supplemental Services will not exceed 27.072 dollars. CITY OF BRa=MERTON By: _.... ."..._____ Cary Bozeman, Mayor By:__.. Craig E. Rogers, Chief of Police APPROVED AS TO FORM: By:_~._...~~~_", Roger A. Lubovich. City Attorney RECEIVED FOR FILING: By: __, _ Paula Johnston, City Clerk DATE SUBMITTED: May 1,2006 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # llicdoS' Sf ........................................................................................ SUBJECT: Professional Services Agreement with Shannon and Wilson, Inc. for Retaining Wall Design on Charleston Beach Road in conjunction with the SR 304 Transportation Imrprovement Project. Committee Meeting Date: May 10, 2006 COUNCIL MEETING Date: May 17,2006 Department: PW &U, Engineering Presenter: Luke Korpi Phone: 473-5342 SUMMARY: In completing the design for the next phase of the SR 304 Transportation Improvement Project, the City found that a retaining wall is necessary along a portion of Charleston Beach Road which has a steep slope. The wall will be approximately 275 feet long and vary in height from 4 to 12 feet. The City has negotiated a Professional Services Agreement with Shannon and Wilson, Inc. to provide engineering design services for the retaining wall. The not-to-exceed amount of the agreement is $40,000.00. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement; 3. Site Map; 4. Aerial Photo Exhibit FISCAL IMP ACTS (Include Budgeted Amount): This project is funded by the State Nickel Gas Tax and is approved in the 2006 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: , FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: I CONSENT AGENDAA;J I RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Shannon and Wilson, Inc. in an amount not-to-exceed $40,000.00 to provide engineering design services for the retaining wall on Charleston Beach Road in conjunction with the SR 304 Transportation Improvement Project and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. COUNCIL ACTION: D Approve D Deny D Table ab/Agenda Bills 2006/PSA with Shannon and Wilson, SR304 Retaining Wall D Continue D No Action Council Summary Professional Services Agreement with Shannon & Wilson, Inc. Design of Retaining Wall SR 304/Charleston Beach Road The City is in the design phase of the final stage of the SR 304 Transportation Improvement Project, the Navy Yard Highway Phase. This last phase of work will focus on SR 304 from the Missouri Gate at Naval Station Kitsap - Bremerton to the SR 304 interchange with SR 3. Included in the work on SR 304 is the construction of a westbound HOV lane, landscaping of both shoulders and a center median, and eiiminating all access from the highway to the adjacent properties to improve safety through the corridor. As part of the mitigation for eliminating property access in the area, the City will be reconstructing Charleston Beach Road (CBR) with a new alignment, roadway, utilities and sidewalks. As part of the new alignment, the City has known a retaining wall would be needed to be able to construct along a portion-of the roadway which has a 60 foot high steep slope directly adjacent to the roadway. Acquisition of one key parcel along CBR has allowed the City to complete the topography of the area and we have found the wall to be taller than originally anticipated. The Public Works and Utilities Department does not have adequate expertise available to assess and design the required retaining \Nall. The Department proposes entering into a Professional Services Agreement (PSA) with Shannon a& Wilson, Inc. to provide the expertise necessary to provide analysis, options and design of the retaining wall, together with assistance during bidding for questions on the wall design, and observation and inspection during construction of the wall. Shannon & Wilson was selected after a review of qualifications of consultants listed on the City's Professional Services Roster. The agreement with Shannon & Wilson is for a maximum of $40,000. The cost for their work will be covered by the project budget of $11 ,000,000, which has been funded by the state nickel gas tax. PROFESSIONAL SERVICES AGREEMENT [SR 304 T.I.P.; Navy Yard Highway Phase Retaining Wall Design] Contract #xxXx The City of Bremerton ("City") and Shannon and Wilson, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 27, 2006, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be perfonned upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided by December 31, 2007, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $40, 000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. BremertonlShannon & Wilson, Inc. SR 304 T.I.P.; Navy Yard Highway Phase Page 1 of6 IV. Reiationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its persollnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except that Consultant shall not be required to indeIru"ifj City for damages caused by the City's . negligence or the negligence of third parties over whom the consultant has no authority or control. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. BremertonlShannon & Wilson, Inc. SR 304 T.I.P.; Navy Yard Highway Phase Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and propeliy damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XeD) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professionai Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Shannon & Wilson, Inc. SR 304 T.I.P.; Navy Yard Highway Phase Page 3 of6 VII. General Conditions: A. Reports and InfOlmation: When requested by the City, Consultant shall TIunish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and repOlis, including those in electronic fOTInat, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/Shannon & Wilson, Inc. SR 304 T.I.P.; Navy Yard Highway Phase Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Dept. of Public Works & Utilities 3027 Olympus Drive Bremerton, Wa. 98310 Contractor Address Shannon & Wilson, Inc. 400 N 34th St.; Suite 100 P.O. Box 300303 Seattle, W A 98103 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out ofthis Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein confened in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out ofthis Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/Shannon & Wilson, Inc. SR 304 T.1.P.; Navy Yard Highway Phase Page 5 of6 other Party substantially fails to perform through no fault of the ternlinating Party, and the non- performing Pmiy does not commence correction of the failure of perfornlance within thiliy (30) days of the telminating Party's sending notice to the non-perfomling Party. .l~.Lll'}y Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may sunmlarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc BremertonJShannon & Wilson, Inc. SR 304 T.I.P.; Navy Yard Highway Phase Page 60f6 EXHIBIT A SCOPE OF WORK FOR DESIGN OF RET AINING WALL SR 304/CHARLESTON BEACH ROAD, BREMERTON,W ASHINGTON We are pleased to submit this scope of services to assist you with design and construction of a proposed retaining wall on Charleston Beach Road in Bremerton, Washington. We understand that the City of Bremerton (City) proposes to build a new roadway adjacent to the existing Charleston Beach Road. Between approximately Stations 40+00 and 45+00 of the existing road, the proposed roadway will extend to the toe of a nearly 60-foot-high steep slope. A retaining wall would be necessary to support a 5- to 7-foot-high cut next to the steep slope. Our scope of services includes conducting a site reconnaissance, performing subsurface explorations, evaluating and analyzing the feasibility and cost of up to three wall alternatives or schemes, providing a geotechnical report, assisting in design and specification preparation, assisting during contractor bidding, and providing support during construction. PROJECT AND SITE UNDERSTANDING We understand that the proposed wall would be approximately 275 feet long and located at the toe of a steep slope that is approximately 60 feet high. Currently, a vacant building and trailer occupy the site. The vacant building is approximately 5 to 6 feet away from the slope at the south end of the proposed wall. It appears that fill may have been placed between the west wall orthe building and the steep slope. The trailer is located about 30 feet north of this building. From what we understand, before the trailer was placed on the site, the trailer owner cut back into the steep slope to create space. After an unknown time, the slope failed. A gravity retaining wall consisting of Ultra block Lock-Block ™ concrete blocks was subsequently constructed to retain the slope toe at this location. Portions of this wall lean outward. Beyond the trailer to the north, the land is vacant and gently slopes to the east. We understand that a stacked block gravity wall, a soil nail temporary shoring wall, and a soldier pile and lagging wall will likely be considered. We understand that the stacked block wall is the preferred option. To implement this alternative, the existing block wall, which is in the middle of the proposed wall location, would likely need to be removed. This would require excavating into the steep slope. Temporary shoring, such as a soil nail wall, may be necessary to support this cut. Alternatively, a soldier pile and lagging wall could be constructed in frorit of the existing ecology block wall. Depending on construction costs and the City's preference, the soldier pile wall could extend for some distance beyond the limits of the existing wall. Based on our field observations during our reconnaissance of the site and our exploration program, we will SCOPE OF SERVICES Page I of4 evaluate different wall schemes. We will evaluate different wall types, the concept of a composite system, and inclined and vertical waii systems. SCOPE OF SERVICES We assume that the chosen wall alternative wi1llikely be a stacked block gravity wall. If this structure type is appropriate for the ground conditions and is chosen, we will complete design calculations for this type of wall, in accordance with applicable Washington Department of Transportation (WSDOT) design standards. If a different wall system is chosen, e.g., a reinforced stacked block or soldier pile and lagging wall, we will recommend earth pressures and other appropriate geotechnical design parameters for wall design. We will provide recommendations and design for a reinforced stacked block wall, ifrequested. For a structural wall, e.g., soldier pile wall, we assume that design work would be performed by the City or a structural engineer. If temporary shoring is necessary to construct the selected structure type, we will provide applicable recommendations for the design of a temporary wall system. However, we assume that design work for this system would be performed by the City, a structural engineer, or the Contractor. Our tasks and assumptions associated with our scope of services are: ~ A Shannon & Wilson geotechnical engineer and/or engineering geologist will visit the site to observe conditions and look for evidence of past or potential slope instability, including soil exposures indicative of landslides, groundwater seepage, surface water conditions, and vegetation associated with landslide areas. During this site visit, the boring locations will be chosen and marked for the utility locate. ~ We will review selected in-house files pertaining to nearby properties, geologic maps and hazard maps in our library, and other historical site information that you provide to us. ~ We will coordinate a field exploration program to obtain subsurface information for wall design. We will coordinate our activities with the City of Bremerton. We assume that full access to the site will be arranged for us. We also assume that any permits required to perform our on-site services would be obtained for us by others. We will call the one- call public locate number to locate utilities on public property near or on the site. ~ We will explore subsurface soil conditions by drilling a maximum of five borings at the property, using a limited access track rig. We will drill one boring to a depth of about 40 feet near the existing stacked block wall to obtain subsurface information for a tall gravity or soldier pile wall. If we observe a distinct change in subsurface conditions, we propose to drill a second hole farther away from the slope. This hole would be advanced to about 15 feet below design finish grade. We propose to drill three more borings along remaining locations near the slope to a depth of about 15 feet below design finish grade. The holes will be drilled using hollow-stem auger drilling techniques. A groundwater well or piezometer will be installed in one of the holes, if appropriate. SCOPE OF SERVICES Page 2 of4 A Standard Penetration Test sampler will be used to retrieve soil samples during drilling. ll..n experienced field engineer or geologist from our office wi]] log the borings. Samples will be obtained every 2.5 feet until 20 feet below the ground surface, and every 5 feet thereafter. Upon completion of the borings, the holes will be backfilled to the ground surface. Completed borehole locations will be located by measuring distances from existing site features. No environmental sampling is included in our scope of services. For worker safety, soil samples will be screened during drilling with a photoionization detector (PID). If contamination is detected, either with the PID or by visual or olfactory observation, drill cuttings will be contained in drums and left on site for later testing and disposal. The cost for drum storage and testing (Lld disposal is not included in our cost estimate. If contamination is not detected, as expected, drill cuttings will be left on-site, unless otherwise requested. ~ We will conduct limited geotechnical laboratory testing in general accordance with appropriate American Society for Testing and Materials (ASTM) standards to determine index and engineering properties of selected samples. Tests may include determination of natural moisture content, grain size distribution, and plasticity characteristics (Atterberg limits). No environmental testing is included. ~ Based on the results of our site reconIlaissance and exploration, and the laboratory test programs, we will evaluate and recommend wall alternatives. We will consider wall geometry, performance requirements, constructability issues, and aesthetic or environmental restraints, if they exist, to determine the feasibility of options considered. In addition, we will provide rough construction cost estimates for the different alternatives. We assume that our discussions with the City during this evaluation process will be conducted via teleconferences. We will fax or email you documents for review before our scheduled teleconferences. ~ We will prepare a letter report, which presents the results of our explorations, laboratory tests, and analyses, and our recommendations for wall design and construction. A draft of this letter report will be submitted electronically to the City for review before it is finalized and reproduced. ~ After the wall alternative is selected, we will assist in drawing and specification preparation. We understand that the City will be preparing these documents. We assume that we will submit our input electronically to the City, for the City to incorporate it into their documents. We have assumed that the wall alternative selected will be a stacked block gravity wall. If this alternative is feasible, economical, and selected, we would prepare design details for this wall. If a stacked block wall is not selected, we will review design drawings and specifications prepared by others for the selected wall type. Where applicable, we assume that standard WSDOT design drawings and specifications will be used. SCOPE OF SERVICES Page 3 of4 ~ We will be available to assist during the bid process, as requested. We assume this will be lilnited to telephone and e!nail correspondence and have included an allovv'ance for a maximum of 8 hours. II> As requested, we have included an allowance of 40 hours for construction observation, 8 hours for a meeting in Bremerton, and 6 hours of supervision. SCOPE OF SERVICES Page 4 of4 SHANNON & WILSON, INC. EXHIBIT B JOB COST ESTlrvIATE FOR GEOTECILf\.~ICAL SITE STlJDY Proposal No.: 2]-3-51094-001 Project: SR 304/Charleston Beach Ro; Client: City of Bremerton By: Imm TASK Rate Quantity Subtotal NON-LABOR SUBCONTRACT Hollow Stem Auger Drilling with Limited Access Rig Borings will be perfonned by Boretec Inc.- 3 to 4 borings to 15 to 20 feet, 1 boring to 40 feet. Mob and Demob $400.00 lea 1 total $400 Hourly charges (moving, set up, clean up) $]75.00 Ihr 1.5 hours $263 Track Drilling $]7.00 1ft ] 10 feet $1,870 Extra samples $] 7.00 lea ]6 total $272 Install 2" Well Materialsl Install $13.00 1ft 20 feet $260 Flush completion $200.00 leach ] total $200 Bentonite chips $]2.00 /bag 12 bags $]44 Subtotal $3,409 Washington State Sales Tax 8.8% $]2.67 Drilling Subtotal $3,42] Drilling Mark-upl Contingency ]0.0% $5]3 Final Drilling Subtotal $3,934 REIMBURSABLES Reproduction costs $50.00 Itotal ] total $50 Vehicle Mi]eage (4 trips @ 135 mi]es/RT) $0.445 Imile 540 miles $240 Photoionization Detector (PID) $86.00 Iday 2 day $In Reimbursables Subtotal $462 LABORATORY TESTING Water Content $10.00 lea 24 ea $240 Atterberg Limit $] 20.00 lea ] ea $]20 Grain Size (wash sieve < 3/4") $100.00 lea I ea $]00 Laboratory Testing Subtotal $460 NON-LABOR TOTAL $4,857 EXHIBIT B Cost Estimate/wp/eet 4-24-06 Page] of4 21-3-50194-001 SHANNON & WILSON, INC. EXHIBIT B JOB COST ESTIMATE FOR GEOTECP~~ICAL SITE STUDY Proposal No.: 21-3-51094-001 Project: SR 304/Charleston Beach Ro, Client: City ofBremerton By: lmm TASK Rate Quantity Subtotal SHANNON & WILSON LABOR FIELD OBSERVATION Site Reconnaissance, mark boring locations Senior Engineer $95.00 /hr 12 hr $1,140 Exploration Coordination, Utility check, Field Prep Senior Engineer $95.00 !hr 2 hr $190 Engineer IV $85.00 !hr 2 hr $170 FIELD OBSERVATION (cont.) Field Observation during Drilling Senior Principal Engineer $120.00 !hr 1 hr $120 Senior Engineer $95.00 !hr 2 hr $190 Engineer IV $85.00 /hr 30 hr $2,550 Review Samples, Prepare Logs, Assign Lab Testing Senior Principal Engineer $120.00 !hr 1 hr $120 Senior Engineer $95.00 !hr 2 hr $190 Engineer IV $85.00 !hr 3 hr $255 Word Processing $65.00 !hr 1 hr $65 Field Observation Subtotal $4,990 EXHIBIT B Cost Estimate/wp/eet 4-24-06 Page 2 of 4 21-3-50194-001 EXHIBIT B SHANNON & WILSON, INC. JOB COST ESTIIVIA TE FOR GEOI'EC}L~~ICAL SITE STUDY TASK Rate Subtotal DESIGN PHASE $120.00 Ihr $95.00 Ihr $82.00 Ihr $190.00 $120.00 $95.00 $65.00 Ihr Ihr Ihr Ihr DESIGN PHASE (cont.) Bid Assistance Vice President Senior Principal Engineer Senior Engineer Design Phase Subtotal $190.00 Ihr $120.00 Ihr $95.00 Ihr Proposal No.: 21-3-51094-001 Project: SR 304/Charleston Beach Ro; Client: City ofBremerton By: lmm Quantity 8 hr 16 hr 4 hr Ihr 8 hr 32 hr 4 hr Ihr 3 hr 4 hr S&W FIELD OBSERVATION & DESIGN PHASE LABOR SUBTOTAL Project Management Senior Principal Engineer $120.00 /hr 1 hr $120 Senior Engineer $95.00 /br 8 hr $760 Evaluation offeasibility and cost of up to three different wall schemes and associated analyses Vice President $190.00 Ihr 2 hr $380 Senior Principal Engineer $120.00 Ihr 8 hr $960 Senior Engineer $95.00 Ihr 24 hr $2,280 Drafter $82.00 Ihr 4 hr $328 Letter Report Preparation (draft will be submitted electronically before reproduction) Vice President $190.00 Ihr 2 hr Senior Principal Engineer $]20.00 Ihr 6 hr Senior Engineer $95.00 fnr 24 hr Drafter $82.00 Ihr 4 hr Clerical $65.00 Ihr 2 hr Review of Design Drawings Senior Principal Engineer Senior Engineer Drafter Specification Preparation Vice President Senior Principal Engineer Senior Engineer Clerical TOTAL (NON-LABOR + LABOR) FOR DESIGN PHASE EXHIBIT B Cost Estimate/wp/eet 4-24-06 Page 3 of 4 $380 $720 $2,280 $328 $130 $960 $1,520 $328 $190 $960 $3,040 $260 $190 $360 $380 $16,854 $21,844 $26,701 21-3-50194-001 SHANNON & WILSON, INC. EXHIBIT B JOB COST ESTIIV!ATE FOR GEOTECHNICAL SITE STlJDY Proposal No.: 2]-3-5]094-00] Project: SR 304/Char]eston Beach Ro; Client: City of Bremerton By: Imm TASK CONSTRUCTION PHASE One meeting in Bremerton Senior Principal Engineer Senior Engineer Construction Observation Vice President Senior Principal Engineer Engineer IV Construction Phase Subtotal Rate Quantity Subtotal $]20.00 /hr $95.00 /hr 8 hr 8 hr $960 $760 $]90.00 /hr $]20.00 Ihr $85.00 /hr 2 hr 4 hr 40 hr $380 $480 $3,400 $5,980 S&W CONSTRUCTION PHASE LABOR SUBTOTAL $5,980 TOT AL (NON-LABOR + LABOR) - DESIGN AND CONSTRUCTION PHASES $32,68] ADMINISTRA TIVE RESERVE $7,319 TOTAL BUDGET $40,000 EXHIBIT B Cost Estimate/wp/eet 4-24-06 Page 4 of 4 21-3-50194-001 EXHIBIT C CITY OF BREMERTON SR 304 T.I.P.; NAVY YARD HIGHWAY PHASE RETAINING WALL DESIGN FEE SCHEDULE March 28, 2006 Fees For Pmfessional Services Fees for Shannon & Wilson's services are based on the actual time expended on the project, including travel, by our personnel and will be computed by multiplying the actual number of hours worked times the following rates: Officer Sr. Staff Consultant Staff Consultant Senior Associate Associate 190.00 170.00 145.00 150.00 130.00 82.00 65.00 60.00 65.00 55.00 48.00 Overtime 102.00 81.00 75.00 80.00 68.00 60.00 SPECIAL SERVICES Expert IestImonv. Hourly rates will be doubled for time spent actually providing expert testimony. These rates are for the 2006 calendar year. At the end of each calendar year, our rates will be adjusted for the next calendar year. Reimbur-sable Expenses Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include, but are not limited to, expenses for out-of-town travel aild living, information processing equipment, instrumentation and field equipment rental, special fees and permits, premiums for additional or special insurance where required, long distance telephone charges, local mileage and parking, use of rental vehicles, taxi, reproduction, local and out-of-town delivery service, express mail, photographs, film, laboratory equipment fees, shipping charges and supplies. A unit price of $7.00 per hour will be charged for computer time to prepare spreadsheets, $25.00 per hour for AutoCAD and modeling software use, and $35.00 per hour for GIS computer work. m- .. ---I ......I~ '-~D 111'- '1- ___ l1li1- COUNCIL EXHIBIT P.S.A. rOR SHANNON AND WILSON SR304 TI.P.; NA VY YARD HIGHWA Y PHASE PORTION or SEC. 22y T.24.N.y R.1E.y W.M. CITY or BREMERTON KITSAP CO., WA PROPOSED RETAINING WALL ffilu "'::;' i iti CJ ~:iL~--- ~~ "'" . -- -.a__ .w___M' . ........ ~ ~ lU (J) <:~ On.. Cd) >- "" ...J D t:~~ W;z COaJ:: ~~5C -- <: S:2 u.. fA\y' [t $: ~ .:( J: 0 '-!k,!# , ~<:Q2: :'<0 I!.JUj Q cr: 0 :2: lU U -.J~~j:: D~n. ~~sgs~~~ ::J~~Cl~~S2 QO.:- ""u IJ... a.. ~ . o . -.: r0\. n <e; ....: ~ ~ Cd) D .~ t) a...~ UJ ~ ((ff) AGENDA BILL CITY QF BREMERTON CITY COUNCIL BILL # 0<0-10(0_ DA TE SUBMITTED: May], 2006 5" g.m...............8..............B.......&.........~.~..D............................... SUBJECT: Resolution # .1.qCJ~ Recognizin~ the Vacation of Wycoff A venue north of 26l Street. Committee Meeting Date: May 10, 2006 COUNC1L MEETING Date: May 17 , 2006 Department: PW&U, Engineering Presenter: Luke Korpi Phone: 473.5342 SUMMARY: The portion of Wycoff A venue depicted in Exhibit A of the proposed resolution was vacated in 1986, pursuant to the Laws of 1889-1890, Section 32, Chapter 19, which state that C\ny county road, not opened for public use within five years of being dedicated, is considered to be vacated by operation of law. This resolution provides a fOlmal recognition of the vacation and will allow the official County database to be modified to reflect the change in boundaries. ATTACHMENTS: 1.) Resolution # ;),1'5'; 2.) Aerial Photo Exhibit; 3.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ $~ jJ1t~~ q-~ 'C'~7 ~~~..~ I CONSENT AGENDA JiZJ I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution # aq'i~ recognizing the vacation of Wycoff Avenue north of 26th Street. COUNCIL ACTION: 0 Approve ab, Agenda Bills 2006, Wycoff Vacation o Deny o Table D Continue D No Action RESOLUTION NO. J.'1t;tS" A RESOLUTION of the City Council of the City of Bremerton, Washin~ton, recognizing the 1896 vacation of Wycoff Avenue north of 26t Street. WHEREAS, a portion of Wycoff Avenue was dedicated as a county road in 1891 in an area that was subsequently annexed into the City ofBremerton in 1954; and WHEREAS, the laws in effect at the time of the dedication required the roadway to be opened for public use within five years of dedication. The road was not opened by 1896, therefore, the roadway was automatically vacated by operation of law; and WHEREAS, the City desires to recognize and acknowledge that the portion of Wycoff Avenue depicted on Exhibit A attached hereto and by this reference incorporated herein has been vacated by operation of law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton hereby recognizes and acknowledges that, pursuant to the Laws of 1889-1890, Section 32, Chapter 19, the portion of Wycoff Avenue depicted on Exhibit A has been vacated by operation of law. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ,2006. day of APPROVED AS TO FORM: CECIL McCONNELL, Council President ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Public W orks\ Wycoff Vacation. doc Wycoff A venue - Resolution ~ (F VACA770N \\ GOVERNMENT LOT 8 \ Patented 11/20/1880 \ ~ Val 1 Pg 209 ~/STlNG ~OREUNE , (~\\ \ 0' \ 'j \"~ "-A () \ \. :v \ \ '\ I \ \ \ 3 12 I" \ \ _K ---1..' \ \ \ VACA TED \( PG, 217 \\ -il--I \ f'\ \\";-z- \ I I I \\ ~ \ ~ \ I 01U I 1\ I \ \"6 \ 6_Ji-14~3J~, I ~ \s, . \ 71819j1OV1 II \17Yr \ ~ ) I ~\~ I I\~I\\~'~ I ,,09 I I 1 'I I \ \<?s,i - ~\ \~ro 26TH STREET '\ (CLA Y STREET) \ -\ EXHIBIT A FOR RECOGNlnON OF 1896 WYCOFF A VENUE VACA nON PORnON OF G.L. 8 SEC. 10, T25N, R1E, 'WM 4/20/06 - G.F. J:J - 90/0Z//7 WM '3tCl 'N9c.1 lOt .~3S B "TfJ dO NOI.1C10d 3nN3/\ V ddO~AM dO NOI.1 V~V/\ fJNIZINfJO~3C1 .1181HX3 ENGINEERING STAFF REPORT RECOGNIZING VACATION OF WYCOFF AVENUE NORTH OF 26TH STREET PREPARED BY: Gunnar Fridriksson SUMMARY Applicant: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Location: Wycoff Avenue, from 26th Street to vacated State Street. BACKGROUND This section of Wycoff Avenue has technically already been vacated. In accordance with the Laws of 1889-1890, Section 32, Chapter 19, any county road which has not opened for public use within five years of being dedicated, is considered to be vacated by operation of law. This law was rescinded in 1906. However, since this portion of Wycoff Avenue was dedicated as a county road in 1891 by the Plat of Sheridan, and no roadway was constructed in the area by 1896, it is subject to that law. The City of Bremerton annexed this area from Kitsap County in 1954. The City desires to recognize the effect of this law by processing a formal vacation resolution. The resolution will correct official county and city records and mapping which still show this street as being right-of-way. RIGHT OF WAY CONDITIONS . Functional Classification . Existing R-O-W Width . Proposed R-O-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access Varies, 30 to 60 feet N/A 18 feet asphalt None None April 2006 Portion of Wycoff Avenue Vacation Page 1 of 4 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: N/A. Street has been previously vacated. Existing roadway/driveway serves one parcel and was constructed for this property development in the early 1960's. The majority of the right of way is unimproved. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: N/A. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: N/A. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: N/A. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: N/A. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: N/A. April 2006 Portion of Wycoff Avenue Vacation Page 2 of 4 SHORELINE ACCESS N/A. This portion of right-of-way does partially terminate on the shoreline access. However, the height of the bank to the shoreline is approximately 60 feet on a vertical slope. UTILITIES All private utility companies have been contacted. Easements for any utilities within the vacated right of way will need to be negotiated with the private property owner. SUFFICIENCY OF SIGNATURES N/A. Formalization of vacation. Right of way vacated in 1896 by operation of law. COMPENSATION No compensation is due. STAFF RECOMMENDATION Staff recommends that this Street Vacation be approved to formalize and complete the vacation of this ortion of W coff Avenue. .. Looking northerly from 26t April 2006 Portion of Wycoff Avenue Vacation Page 3 of 4 , ,":~~1~~";~ .'~;.>:i> . . " ,', ~, "~l"'{1G"'.I,.>~~,_.~t .n L~ ~ ,._'..1",,,' .~-' ~ .'~.cf\'g _.~,h',~._ ,1~~~,' '-t...' I' '_, :..';':~ ;~.~~) '; ,. _,,"'.~;t '''t., ,,' ,1!:_,")~\-'", '\:.~-~.;~,~~ _-~"'_ " . ~'7j}!, '~~'::1;. .\}itf:. '-, \~::"~.. ',..4::* " . .;V.,.. ' . '.,:'" "~; ." f/:~ f~tt~~ "':"'_:~'-""}l,;lr,":~. " ...~.-:~~'" '~j' Looking northerly from top of bluff towards shore, Approximately 60 foot vertical drop to beach, April 2006 Portion of Wycoff Avenue Vacation Page 4 of 4 DA TE SUBMITTED: May 1, 2006 AGENDA BILL CITy'OF BREMERTON CITY COUNCIL BILL # 0",-, ~ 7 SH .......................'................................................................. SUBJECT: Resolution # ~ Setting Committee Meeting Date: May 10, 2006 a Hearing Date of June 7, 2006, for Vacating COUNCIL MEETING Date: May 17,2006 240 feet of Lafayette Avenue lying just south Department: PW&U, Engineering of 6th Street. Presenter: Luke Korpi Phone: 473.5342 SUMMARY: The City received a petition from Kuntheary P. Goodson and signed by 100% of the abutting property owners to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. The road was dedicated with the plat of the First Addition to Charleston in April of 1916. No roadway has ever been constructed, and the right of way currently has a dirt driveway to the applicant's residence. The City Council is requested to establish a hearing date of June 7, 2006, to consider the proposed vacation. ATTACHMENTS: 1.) Resolution # ~; 2.) Site Map; 3.) Aerial Exhibit 4.) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): There is no budget impact. /~~ J2'Jf;;:-. >~ RECOMMENDED MOTION: Move to pass Resolution # ~ setting a hearing date of June 7, 2006, to consider the proposed vacation of 240 feet of Lafayette Avenue, lying just south of 6th Street. APPROV ALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION:-D Approve- D-Deny D Table ab, Agenda Bills 2006, ROW Vac Lafayette/Agenda Bill for Reso' - - ------ -~- ------- --- ---- --.-.. I CONSENT AG~NDA ll1l1 D Continue D No Action RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of 240 feet of Lafayette Avenue lying just south of 6th Street. WHEREAS, the City received a petition signed by the owners of more than two- thirds of the property on a front footage basis to vacate 240 feet of Lafayette Avenue lying just south of 6th Street. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on June 7, 2006, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force inlmediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ,2006. day of CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk. ab/2006 Agenda Bills/ROW Vac Lafeyette/Reso 1 Lafayette Avenue, Public Hearing ---1 ~k I I ""0, "- OJ o > .LL <[ NE CORNER OF 1/ Sl.'l.SEL- I I I '- A R E~::::~~:j~ A CA TI ON 6TH STREET 1 I I I 1 o '" 1 'CArlI:-RON !. \-II:-RCI:-R' -/ ~-l ~-i ~ ~I I ~07-oo ~--- 2 - ~I <[ u ~ o LL 'GOODSON' --.f- 3 ~ l 4 14003-00- /5 fb--- ~ ~ /9 /10 r; 4 -d'- 'CI-IR1SWGI:-R' 5 ~ -;:- I 'CRA'>ILI:- i' EXH/B/ T 9 IwLi I ~110- i,,;_ -- c, ! I ~II -CC-~I ~12---1 <[ ~13 ~~~ -.J - 10 --3--- FOR VACA T/ON OF PORT/ON LAFA YETTE A VENUE SEC 75) T24N) R7E) WM r I ~~~ W ~~& (.-1 w<:t:<!: -; 12:J~~ ~ -~D ----- ~;;J >- w 12 ~~ 13 C/ TY OF BREMER TON 4/20/06 - G.F. /113 114 APPL/CAN T - GOODSON L1 1 /I r---. ~I I~ I 'jif 11"'; . <"'" " .... . ~'i~:?'; .'->~ FOR VACA T/ON OF PORT/ON LAFA YETTE A VENUE SEC 75j T24Nj R7Ej WM C/ TY OF BREMER TON 4/20/06 - GF APPL/CAN T - GOODSON ENGINEERING STAFF REPORT STREET VACATION REQUEST PORTION OF LAFAYETTE AVENUE SOUTH OF 6TH STREET CITY COUNCIL HEARING DATE: PREPARED BY: June 7, 2006 Gunnar Fridriksson SUMMARY Applicant: Kuntheary P. Goodson 342 N. Lafayette Avenue Bremerton, WA 98312 Location: Lafayette Avenue, from 6th Street to approximately 240 feet south thereof BACKGROUND The applicant has petitioned the City of Bremerton to vacate 240 feet of Lafayette Avenue, lying just south of 6th Street. The roadway was dedicated with the plat of the First Addition to Charleston (Vol. 4, of the book of plats Pg. 57) in April of 1916. No roadway has ever been constructed, and the right of way currently has a dirt driveway to the applicant's residence. RIGHT OF WAY CONDITIONS · Functional Classification · Existing R-Q-W Width · Proposed R-Q-W Width · Pavement Width · Surface Type . Curb and Gutter . Sidewalks Local Access 36 feet N/A None Dirt/Gravel None None April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 1 of 5 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of Lafayette Avenue is not required for public use. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this. unimproved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public use. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners to date. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 2 of 5 SHORELINE ACCESS This portion ot right-ot-way does not provide shoreline access. UTILITIES No public or private utilities are located within the vacation area. SUFFICIENCY OF SIGNATURES The request tor the vacation was made by 100% ot the owners abutting the property to be vacated. COMPENSATION This is a Class III right-ot-way as detined in Ordinance 4664. This type ot right-ot-way is limited to a public easement which is generally unimproved and tor which no public tunds have been expended in the acquisition or in providing improvements. No compensation is required tor Class III right-ot-way. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 3 of 5 Looking southerly from across 61 Street at proposed vacation. Looking westerly along 61 Street at intersection with proposed vacation. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 4 of 5 Looking southerly at proposed vacation from south of 6 Street. Blooming tree in background is located at the top of approximate 40 foot steep slope in right of way. April 2006 Portion of Lafayette Avenue south of 6th Street Vacation Page 5 of 5 DATE SUBMITTED: 5-3-06 BILL # Ol9 - loB AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~x:. ........................................................................................ SUBJECT: Resolution No. a,Qr7 authorizing commencement of Cable Franchise Renewal Proceedings with Wave Broadband pursuant to the 1984 Cable Act Committee Meeting Date: 5-10-06 COUNCIL MEETING Date: 5-17 -06 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: Section 626(a) ofthe Cable Act provides that, during the six-month period after timely receipt of a request from the cable operator (Wave Broadband), the City shall commence proceedings which afford the public in the City of Bremerton appropriate notice and participation, for the purpose of identifying the future cable-related community needs and interests and reviewing the performance of the cable operator under the current franchise. On March 20,2006 Wave formally requested that the City commence formal renewal proceedings but also indicated its desire to reach a mutually satisfactory franchise renewal agreement with the City through informal negotiations as per Section 626(h) of the Cable Act. ATTACHMENTS: Proposed Resolution and Wave letter dated March 20,2006 FISCAL IMPACTS (Include Budgeted Amount): No direct fiscal impact although failure to commence formal franchise renewal proceedings could jeopardize the City's interests in future franchise negotiations. APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: $'~~<~~? I CONSENT AGENDA .18l1 -Z7i~ r ..,.-0. RECOMMENDED MOTION: Move to pass Resolution # aQ't1 authorizing commencement of cable franchise renewal proceedings in accordance with provisions of the 1984 Cable Act and written requests from Wave Broadband. .. COUNCIL ACTION: 0 Approve 0 DeIly._~.. DJ.Jlbl~---~.:...==O--Co~tin~e=_O~<?Action- - .---~---~ RESOLUTION NO. a~ '1 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing commencement of cable franchise contract renewal proceedings in accordance with the provisions of the 1984 Cable Act and written requests from Wave Broadband. WHEREAS, WaveDivision Holdings, LLC d/b/a Wave Broadband ("Wave") currently provides cable services in the City of Bremerton pursuant to a franchise agreement authorized by Ordinance No. 4635, and amended by Resolutions 2724 and 2905, which expires on December 8, 2008; and WHEREAS, Section 626 of the Cable Communications Policy Act of 1984 (Cable Act) 47 USC ~546, establishes both formal and informal procedures that govern the franchise renewal process; and WHEREAS, the City ofBremerton is the franchising authority for cable services within its city limits; and WHEREAS, Section 626(a) of the Cable Act allows a cable operator to request that the franchising authority commence proceedings which afford the public in the franchise area appropriate notice and participation, for the purpose of identifying the future cable-related community needs and interests and reviewing the performance of the cable operator under the franchise during the then current franchise term; and WHEREAS, Section 626( a) of the Cable Act requires that the cable operator make a request for the above referenced proceedings during the six month period which begins with the 36th month beforethe franchise expiration; and WHEREAS, Section 626(a) ofthe Cable Act requires that the franchising authority commence such proceeding not later than six months after the date such request is made; and WHEREAS, in a letter (Exhibit A) to the City of Bremerton dated March 20, 2006, Wave formally requested that the City commence formal renewal proceedings in accordance with the requirements of Section 626(a-g) of the Cable Act but also indicated its desire to reach a mutually satisfactory franchise renewal agreement with the City through informal negotiations as per Section 626 (h) of the Cable Act; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Cable Franchise Renewal Proceediltgs SECTION 1. Wave's March 20, 2006 letter formally requesting the commencement of renewal proceedings under Section 626 of the Cable Act was submitted in a timely manner and is hereby acknowledged. SECTION 2. The Mayor or his designated representative is authorized to implement the necessary processes and procedures to enable the City to comply with all of its obligations under Section 626 of the Cable Act. SECTION 3. The City hereby commences proceedings to afford the public in the franchise area appropriate notice and participation for the purpose of identifying future cable- related community needs and interests, and reviewing the performance of the cable operator under the franchise during the current franchise term. SECTION 4. Pursuant to the request by Wave, the Mayor or his designated representative is authorized to commence an informal franchise renewal process pursuant to Section 626(h) ofthe Cable Act, while reserving the City's right to implement the formal processes outlined by Section 626(a-g) of the Cable Act. SECTION 5. Severability. If anyone 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 ofthis Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council ofthe City of Bremerton, Washington this , 2006. day of CECIL MCCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Finance\Wave cable franchise renewal 4-26-06 Fina1.DOC 2 Cable Franclzise Renewal Proceedings U)tlV SM BROADBAND VIA CERTIFIED MAIL / RETURN RECEIPT REOUESTED March 20,2006 Paula Johnson City Clerk City ofBremerton 345 6th St. Suite 600 Bremerton, WA. 98337-1873 Re: WaveDivision Holdings, LLC d/b/a Wave Broadband ("Wave") / City ofBremerton, W A. -- Request for Cable Television Franchise Renewal Ms. Johnson; Our records indicate that the cable television franchise ordinance issued by the City of Bremerton and held by Wave will expire on Dec. 8, 2008. We are writing you now, 32 months in advanceofthe franchise expiration date, to notify you of Wave's desire to renew the franchise and to request thafformalfranchise renewal proceedings be commenced pursuant to Section 626(a) of the Cable Communications Policy Act of 1984, 47 U .S.c. ~ 546 (the "Cable Act"). We also request that the City of Bremerton enter into informal renewal discussions with. Wave pursuant to Section 626(h) of the Cable Act. In our experience, virtually all franchise renewals are completed through informal negotiations. During our informal renewal discussions, the formal procedures of the Cable Act will be held in abeyance. By electing to move forward with informal renewal negotiations, however, neither Wave nor the City of Bremerton waives any of their respective rights under the Cable Act and either may request that formal renewal negotiations be re-commenced at any time. We ask that you send to us any community needs assessments relating to cable television services that have been completed by the City. We will forward to you shortly Wave's proposal for the renewal of the franchise. In the meantime, if you have any questions, please do not hesitate to call me. We look forward to a speedy and cooperative renewal process and to continuing to provide quality cable television service to our subscribers in the City ofBremerton. {00226318.DOC;1} EXHIBIT A E o u -c c: co .c "Cl co o .0 !f! co ;;: ~ ;;: co ~ "? ;:::: co 6 cg . M X .co LL e;:;- N M cb N q> cg cg or;> ~ M N W ~ :s: c.b cg or;> ~ cg cg M co en ~ -c tv .c ~ o 1:: o a- D :E ~ ~ u..i uj en ~ l!) .... AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# Oft, - OCf7 /....:..^ ::....,......."'.....,.":.".".".. '" ~'-"'-',..."-.."'.,_...-'" .;':;",,"~,:.~-.'--.,., \,ij;rAiM':f""'.~:~:ji~:~~i .:;:::.M. ; ,'~-"I.":~"'~"~cU;' , :':::"".\.:" '~,>,:'~,::,',:>2~~,':::,:2~{;;'~,;;:~~;";i:_;.~:~~~~,,,~~. DATE SUBMITTED: April 20, 2006 .;(n;J:. p~ k:i{.~ u~~i.~7............................................................. I SUBJECT: First Amended Concession Committee Meeting Date: April 26, 2006 JUYle ~20D' Agreement Between City ofBremerton and COUNCIL MEETING Date: May 3,2006 'r-/4tA.y-'/7) .~ (p Olympic Soccer & Sports Center, LLC Department: City Attorney's Office Presenter: Roger Lubovich Phone: 473-2345 SUMMARY: The City and Olympic Soccer & Sports Center currently participate in a concession agreement relating to soccer fields at Pendergast Park. Olympic Soccer & Sports Center desires to construct an additional indoor soccer field and is requesting additional space for its facility. The proposed agreement amends the concession agreement by adding space to the concession area and updating other provisions of the contract. fINO fvh/, t !feCl.r/?!j S aY'e:. reZc.Jfrt;;/ ~V'e..- Co Uvtt.-il a L+lC>\A-, ( fI1~ 'f :3 I 200 <P a. t-1d.. JVI1 ~ 7;, 2-oD ':J ATTACHMENTS: Proposed First Amended Concession Agreement Between City of Bremerton and Olympic Soccer & Sports Center, LLC j Pa.f"-S ~ ~e.ue.M-)~ Co~"",,'5S,~ Me.~'t'\ . ~'\U 'i 1>1/0) j t-t ItI,,'k.,... FISCAL IMPACTS (Include Budgeted Amount): The agreement provides additional compensation above the existing arrangement of$937.50 per month adjusted annually by a CPI adjustment capped at 2% per year and subject to periodic re-openers. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: ,,' / FINANCE DIRECTOR: MAYOR: -----~ .".,....._---"""" ----- FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: '~L?( I CONSENT AGENDA 0 I RECOMMENDED MOTION: ~6'" J. ffih 1-1 ,-,1/1 ~p r ~. '1J I~'~ Move to approve the First Amended Concession Agreement Between City of Bremerton and Olympic Soccer & Sports Center, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms as presented. COUNCIL ACTION: DAppro\Te 0 Deny o Table -- --0 Continue - DNoAttion-- FIRST AMENDED CONCESSION AGREEMENT BETWEEN CITY OF BREMERTON AND OLYMPIC SOCCER & SPORTS CENTER, LLC This First Amended Concession Agreement between the City of Bremerton (CITY) and Olympic Soccer & Sports Center, LLC (CONCESSIONAIRE) specifically amends the Concession Agreement entered into between the parties on June 20, 2001 ("Concession Agreement") collectively referred to hereinafter as ("Agreement") WHEREAS, CONCESSIONAIRE desires to construct an addition to the current structure to add a second indoor playing field to the facility, and WHEREAS, the CITY has agreed to amend the Concession Agreement to grant additional space to the concession for the second indoor playing field, NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the Concession Agreement is hereby amended to read as follows: ' ARTICLE 1. CONCESSION. 1.1 Concession of Premises. 1.1.1 Premises Described. CITY hereby grants a ground and use concession to CONCESSIONAIRE for the Premises, approximately fifty thousand square feet (50,000 sq. ft.) of undeveloped land (except as developed by CONCESSIONAIRE) within the confines of the . Pendergast Regional Park on real property legally described in Exhibit A attached hereto and incorporated by reference for development, construction, maintenance and operation, for profit, of an indoor athletic facility including current or future building(s), fixtures, appurtenances, parking and exterior landscaping (hereinafter referred to as "Improvements"), and generally shown in the preliminary building and site plan in Exhibit B attached hereto and incorporated by reference. (Collectively referred to as "Premises") Premises does not include the fee ownership or leasehold interest ofthe real property upon which the Premises are located. CONCESSIONAIRE hereby agrees to the terms and conditions of this Agreement. The PARTIES agree that approximately twenty thousand square feet (20,000 sq. ft.) of the Premises are currently undeveloped with no permanent structures, and that and that the CONCESSIONAIRE intends to construct an addition to the current structure to add a second indoor playing field to the Premises ("Second Field"). The PARTIES further agree that any and all current or future development and construction of Improvements on the Premises are owned by CONCESSIONAIRE subject to any security interest oflender, if any and subjectto the CITY's right, title and interest at the expiration or termination of this Agreement pursuant to Article 2.4. The common address of the Premises is 1199 Union Avenue Bremerton W A, 98312. 1 ..-... --. -~~- ~----_._- ---- ------.- 1.1.2 Right of Entry. In addition to the Premises described above, the CITY grants CONCESSIONAIRE 1) an Access Right of Entry to access the Premises to the public right-of- way and 2) a 15 foot Perimeter Right of Entry around the perimeter of the Premises for maintenance and repair of the Improvements (Collectively "Rights of Entry") as identified in Exhibit_. CONCESSIONAIRE's use of the Rights of Entry granted herein shall not be used ih a manner inconsistent with or interfere with the CITY's use ofthe property. CONCESSIONAIRE shall not install any structures or other improvements on the Rights of Entry without the CITY's prior written approval. Such approval shall be at the CITY's sole discretion. The Rights of Entry shall run for the term of this Agreement. 1.2 Possession, Quiet Enjoyment & Covenants. Except as provided in Articles 3 & 4.3 herein, the CONCESSIONAIRE shall be entitled to exclusive possession of the Premises upon commencement of the development and construction of the Premises as defined by Article 5.4 herein. Upon taking possession of the Premises, and on performing all the covenants and conditions herein, the CONCESSIONAIRE shall peaceably and quietly have, hold, and enjoy the Premises at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the Premises during the full term of the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the PARTIES. No change in CITY's ownership of the Premises, or rights to the payments hereunder, however accomplished, shall operate to . enlarge the obligations or reduce the rights of CONCESSIONAIRE. No change in CITY's ownership of the Premises shall be binding upon CONCESSIONAIRE for any purpose until CONCESSIONAIRE shall have been given notice thereof. ARTICLE 2. TERM OF AGREEMENT 2.1 Term. The term of this Agreement shall be fifteen (15) years, commencing June 20, 2001, the EFFECTIVE DATE of this Agreement. 2.2 Option to Renew. The CITY agrees to offer the CONCESSIONAIRE three (3) successive ten (10) year options to renew this Agreement, contingent upon 1) CONCESSIONAIRE remaining in full compliance with the terms and conditions of this Agreement and 2) the CITY accepting the level of insurance coverage required in Article 8.5.2 for each new ten (10) year term exercised by CONCESSIONAIRE, which acceptance will not be unreasonably denied. Each ten (10) year option to renew shall renew automatically unless CONCESSIONAIRE gives the CITY prior written notice of its desire not to renew or the CITY gives CONCESSIONAIRE prior written notice of CONCESSIONAIRE's failure to be in full compliance with the terms and conditions of this Agreement in which case the CONCESSIONAIRE shall be given the opportunity to cure such default pursuant to Article 7.2. The CONCESSIONAIRE may terminate this Agreement at any time with prior written notice to the CITY. The CITY may request a review of insurance coverage required in Article 8.5.2 pursuant to Article 3.1.2. The CITY may request CONCESSIONAIRE to cure any default and come into full compliance with the terms 2 ~-~---~--~----~,- --------.... - -~- -------------------..-.--- ----- and conditions ofthis Agreement at any time pursuant to Article 7.2. The failure of CONCESSIONAIRE to provide prior written notice not to renew or failure of the CITY to accept the level of insurance coverage or cure any default or request full compliance with the terms and conditions of this Agreement shall not constitute a waiver by either party. 2.3 Right of First Refusal. Upon the expiration of all terms of this Agreement, CONCESSIONAIRE shall have a Right of First Refusal for a new Concession but this right shall only extend to the right to operate a recreation facility similar in scope to the uses identified and authorized in Article 4.1.1 of this Agreement and only if the CITY requests such use in its solicitation for a concessionaire for the Premises. If the City desires a different use for the Premises, then CONCESSIONAIRE shall not have a Right of First Refusal. 2.4 Improvements-Expiration or Termination of Agreement. Upon the expiration ofthe term(s) of this Agreement or upon the termination of this Agreement, other than as a result of condemnation proceedings, the then existing Improvements on the Premises will become the property of and owned by the CITY and the CITY shall have all right, title and interest in the same. ARTICLE 3. CONSIDERATION 3.1. Consideration for Concession. 3.1.1 Cash and Premises Use. As consideration for the ground and use concession granted by the CITY to the CONCESSIONAIRE by Article 1 herein, the CONCESSIONAIRE shall provide fair and equitable compensation to the CITY in the form of cash payments and hours of use of the Premises. Premises use by the CITY shall be governed by Article 3.3 herein. Based upon Exhibit C, the CONCESSIONAIRE shall pay the CITY Nine Hundred Thirty Seven Dollars and Fifty Cents ($ 1 OOO.OO)per month beginning on the effective date of this Agreement and further shall provide the CITY with an annual total of 150 hours of Premises use. The Premises use shall be per hour per field; said kinds of use to be determined at the sole discretion of the CITY. The monthly cash payment shall be adjusted every year during the term(s) of this Agreement based upon the prior years' Consumer Price Index (CPI) for all urban consumers as published by the United States Department of Labor for Seattle-Tacoma-Bremerton, all items (1982-84-100). For purposes of the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (ie. June 2006- June 2007). The CPI adjustment shall occur on the following January 1 st of each year during the term of this Agreement. No adjustment, whether an increase or a decrease, shall exceed two percent (2%) annually. CONCESSIONAIRE shall pay make this payment to the City by the fifteenth day of the month following the end of each month. CONCESSIONAIRE may prepay these monthly paynients on a quarterly, semi-annual or annual basis or as otherwise approved by the CITY. 3.1.2 Re-Opener of Compensation and Insurance Coverage. At any time within 180 days prior to the beginning of each ten (10) year term or any time after the beginning of any ten (10) year term, either party may request are-opener of the consideration and leasehold tax set 3 .--- ----------------------------------- -- -------- --_._-~.._-,- - -. .. - -. - -- -----~----_._- -------------~------------~--- forth in Article 3 and the insurance coverage required in Article 8.5.2. The parties acknowledge that it is the intent to provide no more than one re-opener for each ten (10) year term, or remaining portion thereof if notice to re-open is given after the beginning of the new term, unless the parties mutually agree to additional re-openers. Upon such request, the parties will, in good faith, review the consideration, leasehold tax and/or insurance coverage, and further, negotiate and make appropriate adjustments to reflect changes in market values and use ofthe Premises using as the basis the date and the consideration, leasehold taxes, insurance coverage, use of Premises and other relevant factors which established the figures requested to be reviewed. In the event the PARTIES cannot reach an agreement following review and negotiation, the PARTIES agree to mediate the issues in dispute. . 3.1.3 Leasehold Excise Tax. Pursuant to RCW 82.29A.020(1), concessions fall within the definition of leasehold interest, therefore, even though this Agreement is not for a lease, it is still subject to the leasehold tax set forth in Chapter 82.29A RCW. Accordingly, CONCESSIONAIRE agrees to pay, in addition to other taxes and fees pursuant to Article 8.4.2, the leasehold excise tax pursuant to Chapter 82.29A RCW. The tax will be based on the current value of use of the property through this Agreement (concession rate value) as set forth in Exhibit C in the amount of$21,000.00 per year. Since partial consideration to the City for this property use consists of hours offield use at the Premises established through a formula based upon the current hourly value of field use, no adjustments will be made for the property use or value of field use during the term(s) of this Agreement. Therefore, for purposes of assessment and payment of the leasehold tax only, the value ofthe use of the property ($21,000.00) will be adjusted every five years during the term(s) of this Agreement based upon the prior five years' Consumer Price Index (CPI) for all urban consumers as published by the United States Department of Labor for Seattle-Tacoma-Bremerton, all items (1982-84-100) For purposes of the CPI adjustment, the base shall be the June 2002 CPI index June to June every five years (ie. June 2002- June 2007). The CPI adjustment shall occur on the following January 1 st of each year during the term of this Agreement. No adjustment, whether an increase or a decrease, shall exceed two percent (2%) annually. In addition, CONCESSIONAIRE agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the City harmless from the same. CONCESSIONAIRE shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing. CONCESSIONAIRE may prepay these quarterly payments on a semi-annual or annual basis or as otherwise approved by the CITY. 3.2 Athletic Equipment/Personal Property Use. Premises use by the CITY received as consideration for this Agreement does not include the use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property. Use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property will be negotiated separately between the CITY and the CONCESSIONAIRE and is outside the scope of this Agreement. 4 ~ -- ~ ---------------~~- ---- ~._-----------~-----~--~~~- 3.3 Timing of Premises Use by CITY. The consideration paid by the CONCESSIONAIRE in the form of Premises use by the CITY shall commence accruing from the EFFECTIVE DATE of this Agreement. It is mutually understood and agreed that the CITY can receive its full annual compensation of 150 hours of Premises use at any time during the 12 month period-beginning with the EFFECTIVE DATE of this Agreement and every 12 month period thereafter. 3.4 Premises Use by CITY. 3.4.1. Types of Use. The hours of Premises use provided by the CONCESSIONAIRE to the CITY in consideration for this Agreement are intended to provide recreational opportunities of a suitable and compatible nature for the residents of the CITY as part of the Parks and. Recreation programs. Such Premises use by the CITY shall be without cost to the CITY to the extent of the 150 hours annually, pursuant to Article 3.2 herein. 3.4.2 Maintenance & Utility Costs/Clean-Up After Use. The CONCESSIONAIRE shall be responsible for all overhead costs, including the utilities and general maintenance, ofthe Premises during the use of the Premises by the CITY. The CITY agrees to clean-up the Premises after each CITY use. 3.4.3 Damage, Claims, & Liability. The CITY shall be responsible for all damage or claims that may arise out of the Premises use by any of the CITY's employees, agents, guests, or invitees. The CITY, during such periods of use, shall supervise or cause the CITY's employees, agents, guests, or invitees to be supervised. The provisions for mutual indemnity, hold harmless, and liability insurance pursuant to Articles 8.5 & 8.6 herein apply during Premises use by the CITY. 3.5 Scheduling Premises Use by CITY. The CITY and the CONCESSIONAIRE shall meet at times as necessary, to determine how such Premises use hours shall be allocated to the CITY in the upcoming quarter in accordance with the following provisions. 3.5.1 Spring and Summer Quarters. The CITY shall have the full discretion to determine which hours of Premises use the CITY intends to use during the Spring quarter (April, May, & June) and Summer quarter (July, August, & September) of each year. At the CITY's discretion, the CITY has the right to schedule its full annual compensation of 150 hours of Premises USE during the Spring and Summer quarters. 3.5.2 Fall and Winter Quarters. The CONCESSIONAIRE shall have the full discretion to determine which hours of Premises use the CONCESSIONAIRE intends to use during the Fall quarter (October, November, & December) and Winter quarter (January, February, & March) of each year. The CONCESSIONAIRE has the right to schedule the CITY's remaining compensation, if any, of Premises USE not previously scheduled by the CITY during the Spring and Summer quarters. 5 -~--------------------- -. ------------- .-- - -~---------- --- -~---------- -- ----- 3.6 CITY's Increased Premises Use. The CITY shall have the full discretion to determine which hours of the CITY's Premises use will be accounted against the CITY's annual compensation of 150 hours. The CITY may increase its hours of Premises use beyond its annual compensation by paying to the CONCESSIONAIRE an hourly rate then in effect by the CONCESSIONAIRE and with scheduling at the discretion of the CONCESSIONAIRE. ARTICLE 4. USE & OPERATION OF PREMISES 4.1 Use of Premises 4.1.1 Indoor Athletic and Recreational Uses. The CONCESSIONAIRE will use: and occupy the Premises throughout the full term of this Agreement for the purpose of providing indoor athletic, educational, entertainment, community activities, and recreational opportunities, all related to the operation of an indoor recreation facility. CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the full term of this Agreement. 4.1.2 Incidental Uses. The CONCESSIONAIRE may provide concessions in the form of food and beverage and the sale of incidental items directly related to the use ofthe recreation facility including, but not limited to, gym equipment, soap, shampoo, and similar shower supplies, and clothing related to athletic pursuits. 4.1.3 Security and Nuisance During Use. The CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the full term of this Agreement. The CONCESSIONAIRE shall use the Premises for no unlawful purposes and shall not use or occupy the Premises in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.2 Operating Hours. The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, the CONCESSIONAIRE shall continuously conduct and carryon the CONCESSIONAIRE'S permitted uses and shall keep the Premises open for business and cause the CONCESSIONAIRE'S business to be conducted therein during the usual business hours of each and every business day as mutually agreed upon. This provision shall not apply if the Premises should be closed and the business of CONCESSIONAIRE is temporarily suspended on account of labor strikes, lockouts, or similar causes beyond the reasonable control of CONCESSIONAIRE, or for maintenance, remodeling, repair, or renovation as approved by the CITY in writing (including approvals of any construction schedules.) The CONCESSIONAIRE covenants and agrees to provide sufficient personnel, and to keep the Premises adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. The CONCESSIONAIRE, in order to keep its business commitments, shall be in operation in accordance with sound business practice. 4.3 Entry by CITY. CITY may enter the Premises at all times to inspect; provide services required hereunder; post notices of CONCESSIONAIRE's noncompliance with the provisions of 6 ________.._ - __~_______ ------0- ___ _________n.._________ this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the right to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the Premises. 4.4 Health Inspections. CONCESSIONAIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. CONCESSIONAIRE shall allow the Bremerton-Kitsap County Health Department to make regular and ordinary inspections of the Premises as said health department may deem proper. 4.5 Maintenance, Repair, & Improvements 4.5.1 Maintenance. CONCESSIONAIRE shall, at its sole cost and expense, clean and maintain the Premises, and make repairs, restorations, and replacements to the Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the Premises as and when needed to preserve them in "first class" condition and repair (less normal wear from use) throughout the full term. CONCESSIONAIRE shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. CONCESSIONAIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If CONCESSIONAIRE fails to make such repairs, restorations, or replacements, CITY may make them at the expense of CONCESSIONAIRE and such expense will be paid by CONCESSIONAIRE within fifteen (15) days after delivery of a statement for such expense. 4.5.2 Sidewalks Maintenance. At its sole cost and expense, CONCESSIONAIRE shall maintain any sidewalks on the Premises in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions, and shall be responsible for the removal of ice and snow from the sidewalks. 4.5.3 Janitorial Services. At its sole cost and expense, CONCESSIONAIRE shall keep the Premises clean, and shall provide sufficient janitorial services to maintain a tidy appearance on andabout the Premises. CONCESSIONAIRE shall provide landscaping maintenance services, as applicable such that landscaping on the Premises remains healthy, attractive, and well maintained. 4.5.4 Repair of Damage. In the event any damage or injury shall occur to the Premises of any kind or nature whatsoever, CONCESSIONAIRE shall promptly cause said damage or injury to be fully repaired at CONCESSIONAIRE'S own cost and expense. In the event 7 ^--- ~~--------- ---------------------- - -- --- ------ CONCESSIONAIRE fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the Premises and accomplish such repairs and bill CONCESSIONAIRE who will pay the bill within fifteen (15) days after delivery of a statement for such expense. 4.5.6 Improvements. The CONCESSIONAIRE shall be solely responsible for providing adequate funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY. 4.5.7 Alterations of Premises after Construction. After such time as the Premises have been completed and accepted as defined above, the CONCESSIONAIRE shall not make. a!1y material alteration to the Premises including any changes to the landscaping, without the CITY'S prior written consent. 4.6 Signs. CONCESSIONAIRE may place and maintain signs upon the Premises in accordance with applicable sign and zoning codes of the CITY. 4.7 Utilities. 4.7.1 Utility Services and Expense. The CONCESSIONAIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by CONCESSIONAIRE on the Premises, whether or not such services are billed directly to CONCESSIONAIRE. CONCESSIONAIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of utility appurtenances and appliances for use in supplying such utilities and services to and upon the Premises. The CITY, upon request of CONCESSIONAIRE, and at the sole expense and liability of the CONCESSIONAIRE, will join with CONCESSIONAIRE in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. CONCESSIONAIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of servIces. 4.7.2 Trash & Garbage. The CONCESSIONAIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage ' generated within or on the Premises. The CONCESSIONAIRE shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.8 Parking. The CITY will be responsible to provide adequate parking to support the Premises and its operations. 8 -- --- ~~~--- ----------~ ---~-_._- 4.9 Hazardous Substances. 4.9.1 Definition. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.9.2 Information. CONCESSIONAIRE shall keep upon the Premises, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Premises that CONCESSIONAIRE has provided to any governmental agency in the previous quarter. CONCESSIONAIRE shall, upon request and at CONCESSIONAIRE'S expense, provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that CONCESSIONAIRE is required to report to any governmental agency, CONCESSIONAIRE shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with CONCESSIONAIRE'S clean-up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to CITY in CITY'S sole discretion, CITY may so notify CONCESSIONAIRE and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the Premises to conduct the cleanup or remediation and charge CONCESSIONAIRE the costs thereof. All information described herein shall be provided to CITY regardless of any claim by CONCESSIONAIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.56RCW. 4.9.3 Indemnification. CONCESSIONAIRE agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from CONCESSIONAIRE'S use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CITY agrees to hold harmless, protect, indemnify, and defend CONCESSIONAIRE from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the Premises as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the Premises by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.10 Risk of Loss. All personal property of any kind or description whatsoever in the Premises shall be at the CONCESSIONAIRE's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. However, CONCESSIONAIRE is not responsible for losses or claims of stolen property under the care and contol of the CITY during the CITY'S use periods. ARTICLE 5. DESIGN & CONSTRUCTION OF PREMISES 5.1 Design. The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington (hereinafter referred to as the DESIGN 9 --~------ - -"----- -- --_.__.~ -- ---- --~------- ._----~------- -------- - --- - --- - -" ------------------- -----------~---_. - ENGINEER), who shall design the indoor athletic facility, the Second Field and other related Improvements, The CITY shall have the right to approve the final design of the Improvements and shall have a continuing right to approve the exterior color of any structure on the Premises. CONCESSIONAIRE shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the Premises. 5.2 Building & Site Plans. The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, to prepare building and site plans for the Premises, which shall reference the structure, the Second Field and other related Improvements, utilities generally, and landscape plan as applicable. The CITY shall have the right to approve the final building and site plans. 5.3 Construction/Site Work/Fencing. The CONCESSIONAIRE shall be solely responsible for all development and construction of the Premises and hold the CITY harmless from any and all claims arising out of the development and construction ofthe Premises pursuant to Article 8.6 herein. CONCESSIONAIRE shall be responsible for the site work, all required permits and grading. CONCESSIONAIRE shall properly barricade the work area and install signage directing unauthorized person from entering onto the building site during any phase of development or construction. Unless otherwise agreed fencing shall be placed around the work area. In addition, the building site shall be kept in a clean and organized condition during development periods. CONCESSIONAIRE shall be responsible for site security, traffic and pedestrian warnings at the site during the development and construction phases. 5.4 Construction Deadlines. CONCESSIONAIRE shall be required to commence development and construction of the Second Field within six months of the EFFECTIVE DATE of this Agreement. Commencement of development and construction of the Second Field is defined as that date upon which physical movement or grading of the soil in preparation for construction of any structure on the Premises. CONCESSIONAIRE shall be required to complete the development and construction of the Premises within one year of the EFFECTIVE DATE of this Agreement. Completion of the development and construction of the Second Field is defined as that date upon which all final occupancy permits are obtained by the CONCESSIONAIRE. 5.5 Failure to Meet Construction Deadlines/Time of Essence. Except as provided in Article 8.15 herein, it is mutually understood and agreed that failure by the CONCESSIONAIRE to meet the development and construction deadlines shall constitute a material breach of this Agreement by the CONCESSIONAIRE and the CITY, at its option, can terminate this Agreement for cause pursuant to Article 7. Time is of the essence with this Agreement. 5.6 Stormwater Drainage, Sewer, & Water Lines. The CONCESSIONAIRE will be responsible for relocating storm drains, sewers, and water lines to the Premises, as required to complete any development and construction of the Premises. 5.7 Development and Construction Fees & Expenses. The CONCE;SSIONAIRE shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with 10 - - -- -. ------- ----..------. the development and construction of the Premises. In addition, CONCESSIONAIRE shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington. 5.8 Escrow Requirements To Ensure Performance of Contractors. It is mutually understood and agreed that the CONCESSIONAIRE will, prior to the commencement of development and construction of the Premises pursuant to Article 5.4 herein, place into escrow funds sufficient to ensure contractor performance through completion of construction and development ofthe Premises. 5.9 Not a Public Works Project. The development and construction of the Premises is not a public works project requiring the payment of prevailing wages. CONCESSIONAIRE is the developer and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with the CONCESSIONAIRE regarding the Premises other than as grantor of a concession and user of the Premises. The CITY is not involved with, nor has any responsibilities for, the biding, contracting or operations of the Premises and will occupy no space in the Premises. The CONCESSIONAIRE does not deem itself required to pay prevailing wages nor will the CONCESSIONAIRE be obligated to payor to contract for prevailing wages or any other standard of payment controls associated with this project. This provision is a material part ofthe consideration for this Agreement. The project signage and all literature, advertising by either the CITY or CONCESSIONAIRE shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a public work project directly or indirectly. 5.10 No Liens. Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that the CONCESSIONAIRE shall have no authority, express or implied, to create or place or to allow to be created or placed any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with CONCESSIONAIRE, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to CONCESSIONAIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing CONCESSIONAIRE from its obligations hereunder, require CONCESSIONAIRE to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. CONCESSIONAIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender, against this Agreement or against the right, title, and interest of the CITY in the Premises or under the terms ofthis Agreement, including reasonable attorney's fees and costs incurred byc:ITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a 11 continuing provision applicable to future repairs and improvements after the initial construction phase. ARTICLE 6. FINANCING & SECURITY INTERESTS 6.1 Financing - No CITY Obligation. CONCESSIONAIRE shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the Premises. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or improvement associated with the facility except as provided herein or mutually agreed upon. The CONCESSIONAIRE shall, in applying and obtaining financing, inform any lender that the CITY has no financial obligations associated with the construction, maintellance, repairs or subsequent improvements to the Premises. 6.2 Security Interest in Premises & Agreement/Consent. The CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of CONCESSIONAIRE in and to this Agreement and in the Premises, and in any building facility, personal property and fixtures in the Premises ("Collateral") to lender for financing purposes. The CITY shall recognize lender's first priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. CONCESSIONAIRE acknowledges that the CITY will not grant any security interest to any lender in CITY real property nor will the CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CITY real property. In the event of default by CONCESSIONAIRE to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interest/interests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: a. Acquire CONCESSIONAIRE'S interest in the Collateral either by a deed in lieu of foreclosure or actual foreclosure; b. Rent and/or grant a ground and use concession of the Premises subject to this Agreement pending foreclosure of the Collateral by lender; c. Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; d. Take possession of any or all of the Collateral, obtain right of substitution for CONCESSIONAIRE and operate said Collateral; and/or e. Appoint a receiver. Any assignment or transfer under Article 6.2 is subject to Article 8.7. Lender shall have no interest in improvements located on the Premises at the time of expiration of the term or terms of this Agreement pursuant to Article 2, at which time, all improvements shall become the property of the CITY. 6.3 LENDER's Reliance on Term and Renewal Options. The City acknowledges that the CONCESSIONAIRE, in making application for financing, may be required to have an assurance that the terms of this Agreement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confirms its authority to provide the ten-year Agreement term with three options to extend the ten-year Agreement for a total of forty years with the renewal options conditioned solely upon the CONCESSIONAIRE maintaining current payments 12 and remaining in full compliance with the terms and conditions of this Agreement. Lender may, but is not obligated to exercise the right to renew and extend the terms of this Agreement as set forth herein. Additionally, the CITY acknowledges that, after any original financing commitments by the CONCESSIONAIRE have been satisfied, these financing provisions shall be applicable to all future advances or financing required by the CONCESSIONAIRE and used solely for the improvements and repairs of the Premises. 6.4 Surrender of the Collateral. No surrender of Collateral or the Premises subject to this Agreement or any other act of CONCESSIONAIRE shall be deemed to terminate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with CONCESSIONAIRE unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been previously notified in writing and has consented to such amendment or modification in writing. 6.5 Notice of Default and Lender's Rights. 6.5.1 Notice of Default. If CONCESSIONAIRE defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 6.11 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon CONCESSIONAIRE pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 6.11 below. Such notice of default shall specify the event or events of default then outstanding and the time period at the end of which the indicated action would become effective. 6.5.2 Termination for Monetary Default. If the notice of default given by CITY to lender relates to a monetary default and CONCESSIONAIRE has not cured such monetary default within 30 days after lender receives the notice and CONCESSIONAIRE'S failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement pursuant to Article 7 if such monetary default is not cured by either CONCESSIONAIRE or lender within forty-five (45) days after lender receives the notice of default. 6.5.3 Termination for Non-Monetary Default. If the notice of default given by CITY to lender relates to a non-monetary default and CONCESSIONAIRE has not cured, or diligently pursued curing, such non-monetary default within thirty (30) days after lender receives the notice,.CITY shall take no action to terminate this Agreement if: a. Within sixty (60) days after CITY'S notice to lender regarding CONCESSIONAIRE'S failure to cure (or failure to diligently pursue a cure) lender notifies CITY of its intent to realize upon its security interest and commences realization within sixty (60) days thereafter, and diligently pursues realization; and b. Lender pays CITY at time of notification all monies or performances due that may be in default up to the day lender notifies CITY of lender's intent and further pays or performs 13 . - .---- --------- ------~---------~--~--_..~-- .- ---.-- ------ - -------------------- - ---..-. _. - all consideration that accrues during the period after lender so notifies CITY and completes such other performances that may be required or come due under this Agreement. CITY shall not terminate this Agreement because of CONCESSIONAIRE'S breach of any terms of this Agreement relating to the solvency of CONCESSIONAIRE or the institution of any bankruptcy, insolvency, receivership or related action by or against CONCESSIONAIRE as long as lender cures any default under this Agreement by CONCESSIONAIRE as provided herein, except that lender shall not be required to cure any defaults relating to solvency of CONCESSIONAIRE. 6.6 Right to Assign. Lender shall have the right to assign its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption and agreement to perform and be bound by all of the terms of this Agreement, lender shall be relieved from further liability under this Agreement. If a lender finances the purchaser, assignee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. Any successor lender shall be bound by the terms and conditions of this Agreement. 6.7 Disposition of Insurance Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made 'by CONCESSIONAIRE, CITY agrees that CONCESSIONAIRE and lender shall have the right to such proceeds so long as none of CITY'S property, utilities or other services therein are damaged or such damages are repaired. u In the event the CITY'S land is substantially damaged and CONCESSIONAIRE'S improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY'S improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral. 6.7 Right to Participate in Litigation. Lender shall have the right to participate in any litigation, arbitration or dispute directly affecting the Collateral or interest of CONCESSIONAIRE or lender therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim. CITY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 6.8 Incorporation of Lender's Protection Provisions. Lender shall be a beneficiary of all rights of CONCESSIONAIRE herein including but not limited to the warranty, indemnity, hold harmless, choice of law and venue, costs and attorney's fees as provided herein. 6.9 Right to Remove Collateral. In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Collateral, including but not limited to building facility, furniture, movable trade fixtures and equipment, from the Premises at any reasonable time and that the Collateral shall remain personal property even though the trade fixtures may be affixed to or placed upon the Premises. In the event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or interest !n the Collateral. 14 - - -- _._~.._---- _.~~-----_. 6.10 Notices. All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. ARTICLE 7. TERMINATION 7.1 Failure to Perform 7.1.1 Obligation to Perform. Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession CONCESSIONAIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of CONCESSIONAIRE's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in the PARK, however shall not permit a loss of business, or other damage to CONCESSIONAIRE by reason of its actions pertaining to the PARK. 7.1.2 Payments to Other Parties. Except as otherwisecexpressly provided hereunder, all obligations of the CONCESSIONAIRE under this Agreement will be performed by CONCESSIONAIRE at CONCESSIONAIRE's sole~ost and expense. If CONCESSIONAIRE fails to pay any sum of money owed to any party other than CITY for which CONCESSIONAIRE is liable hereunder, or if CONCESSIONAIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days after notice thereofby CITY, CITY may; without waiving or releasing CONCESSIONAIRE from its obligations, make any such payment or perform any such other act to be made or performed by CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of 1 Y2 percent per month or the maximum rate permissible by law, from the date of such payment by CITY. 7.2 Default. This Agreement and the concession granted herein may be terminated for default as follows: 7.2.1 CITY's Default. CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by CONCESSIONAIRE, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within thirty (30) days of CONCESSIONAIRE's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 7.2.2. CONCESSIONAIRE's Default. The occurrence of anyone or more ofthe following events constitutes a default under this Agreement by CONCESSIONAIRE: (1) CONCESSIONAIRE shall be in default ofthe performance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of thirty (30) days after written 15 ~ - -- -------------~-~_."_.._---~--- notice is given by CITY provided that ifthe nature of CONCESSIONAIRE's obligations is such that more than thirty (30) days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty (30) days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) CONCESSIONAIRE shallbe adjudged a bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for CONCESSIONAIRE's estate and such appointment is not vacated within thirty (30) days; or (3) Premises become vacant or deserted for a period of thirty (30) days; or (4) if this Agreement shall be assigned or the Premises concessioned by CONCESSIONAIRE other than in accordance with the terms of this AGREEMENT and such default is not cured within twenty (20) days after written notice to CONCESSIONAIRE; or (5) CONCESSIONAIRE shall fail to make any payment when due, or fail to makeany other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereof by CITY; or (6) CONCESSIONAIRE shall fail to comply with the same concession term or covenant on three occasions during any 10 year term, even if such breach is cured within the applicable cure period. The CITY's right to terminate pursuant to this Article for failure of CONSCESSIONAIRE to cure a default is subject to the lender's right to cure pursuant to Articles 6.5.2 and 6.5.3. 7.2.3 Default for Other Cause. This Agreement may be immediately terminated for other cause by a party ifthe other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non-performing party does not commence correction of the failure of performance within thirty (30) days of the terminating party's sending notice to the non-performing party. 7.3 Remedies Are Cumulative. Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 7.4 Destruction of Premises & Use of Insurance Proceeds. Unless otherwise mutually agreed by the PARTIES, in the event the Premises are destroyed or injured by fire, earthquake, or other casualty, then CONCESSIONAIRE shall proceed to rebuild and restore the Premises, or such part thereof as may be injured as aforesaid. In the event of any loss covered by the insurance policies described and required pursuant to Article 8.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by CONCESSIONAIRE first to rebuild and restore the Premises and replace the improvements, fixtures, and equipment, which may be damaged or destroyed by such casualty. 7.5 Duties upon Termination. Upon termination of this Agreement, and unless otherwise arranged, CONCESSIONAIRE shall remove from the PARK. all its personal property, goods, and effects. In the event that the CONCESSIONAIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by the CONCESSIONAIRE. It is mutually understood and agreed that the real property constituting the Premises of this Agreement is the real property _ _______L6_____ _~__H_ -- - -- -- - ---- ~- -----~--------~---~--------------- of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement. 7.6 Eminent Domain. The following rules shall govern the rights and duties of the PARTIES in the event of interference with the possession of the Premises by CONCESSIONAIRE by right of eminent domain or private purchase in lieu thereof. 7.6.1 Rights of Termination. If the whole of the Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty-five percent (25%) of the Premises shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the Premises were concessioned, then CITY and CONCESSIONAIRE shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain, a fair value shall be placed on this Agreement and the Premises with the compensation thereof awarded solely to CONCESSIONAIRE, or lender pursuant to its security interest, if any. 7.6.2 Non-Termination. If any part of the Premises shall be so taken and this Agreement is not terminated, then the CITY shall, at its own cost and expense, restore the remaining portion ofthe.Premises to the extent necessary to render it reasonably suitable for the purposes for which it was concessioned. 7.6.3 Compensation. The compensation awarded or paid upon such a total or pClrtial taking of the Premises and/or this Agreement shall belong to and be apportioned between the CITY and CONCESSIONAIRE in accordance with their respective interests as determined by a court of competent jurisdiction. Additionally, CONCESSIONAIRE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to CONCESSIONAIRE. CITY shall have no claim to condemnation proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral, nor shall lender gave any interest in CITY's condemnation proceeds, if any. ARTICLE 8. GENERAL CONDITIONS 8.1 Relationship of PARTIES. 8.1.1 CONCESSIONAIRE Independent Contractor Status. The PARTIES intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to the CONCESSIONAIRE. CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor athletic facility and is performing independent functions and ___________________17 - ~---- ---~---------~~------ responsibilities within its field of expertise. CONCESSIONAIRE and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the CONCESSIONAIRE shall be deemed to be an employee, agent, servant or representative of the CITY. CONCESSIONAIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, CONCESSIONAIRE is responsible for its own management. The CITY's administration and enforcement ofthis Agreement shall not be deemed an exercise of managerial control over CONCESSIONAIRE or its personnel. 8.1.2 No Third Party Rights Created. It is mutually understood and agreed that this Agreement is solely for the benefit of the PARTIES hereto and gives no right to any othecparty except as provided by Article 6 herein. 8.1.3 No Joint Venture/Partnership. It is mutually understood and agreed that no joint venture or partnership formed as a result of this Agreement. 8.2 Notices. Except as provided in Article 6 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the Premises as CONCESSIONAIRE's address for notice purposes. All notices shall be delivered to the following addresses: CITY Address City of Bremerton Attn: Director of Parks and Recreation 680 Lebo Boulevard Bremerton, W A 98310 CONCESSIONAIRE Address Olympic Soccer & Sports Center, LLC Attn: Mr. Dennis Michael, Manager P.O. Box 5047 Bremerton, W A 98312-0466 8.3 Reports & Information. When requested by the CITY, CONCESSIONAIRE shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. CONCESSIONAIRE shall_ maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP). 8.4 Permits, Licenses, Taxes, & Fees. 8.4.1 Permits, Licenses, & Other Documents. The CONCESSIONAIRE shall possess a current Bremerton Business License and shall obtain all regulatory licenses and permits, including all construction and building permits, necessary to fulfill CONCESSIONAIRE's obligations under this Agreement at CONCESSIONAIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. _____~L8_____ __ 8.4.2 Taxes & Fees. As an independent contractor, the CONCESSIONAIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including leasehold excise tax pursuant Chapter 82.29A RCW, ad valorem taxes, taxes imposed on personal property, all other assessments for improvements or benefits which are assessed on the Premises, income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the CONCESSIONAIRE's obligations under this Agreement. The parties acknowledge that for the purpose of real estate taxes, the use of the Premises is limited to those uses identified in Article 4.1.1. 8.5 Insurance. 8.5.1 Fire, Earthquake, & Casualty Insurance. The CONCESSIONAIRE agrees that, at all times during the full term of this Agreement and at its own expense, CONCESSIONAIRE shall, at its sole cost and expense, maintain in full force and effect adequate fire, earthquake, and other casualty coverage covering the Premises and its contents, including all personal property, fixtures, improvements. Such policy shall include a replacement cost endorsement. CONCESSIONAIRE will shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten-day cancellation notice to CONCESSIONAIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the Premises to its pre-casualty condition. 8.5.2 Liability Insurance. Prior to the commencement date of this Agreement, CONCESSIONAIRE, at its own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ("CGL") providing coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the CONCESSIONAIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at the CONCESSIONAIRE's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the CONCESSIONAIRE, and provide coverage for the full term ofthis Agreement. CONCESSIONAIRE shall insure that the CITY's Risk Manager is given thirty-calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 8.5.3 Release and Waiver of Subrogation. Any policy of insurance carried by either CITY or CONCESSIONAIRE pursuant to anyobligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver 19 shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor CONCESSIONAIRE shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Premises or PARK, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. 8.6 Hold Harmless, Indemnification, & Industrial Insurance. 8.6.1 Hold Harmless & Indemnification. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and the CONCESSIONAIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 8.6.2 Industrial Insurance. The PARTIES have specifically negotiated CONCESSIONAIRE's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of CONCESSIONAIRE's indemnification and hold harmless of the CITY, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the CITY. 8.7 Successors & Assigns. The CITY and CONCESSIONAIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Except as provided in Article 6 herein, neither party shall assign the contract in part or as a whole, without the written consent of the other. Except as provided in Article 6 herein, the CONCESSIONAIRE shall not subcontract any of the Premises, services, facilities, or equipment, or delegate any of its duties under this Agreement without the prior written approval of the CITY The CITY acknowledges that the CONCESSIONAIRE shall be authorized to sub- concession areas within the Premises to food and beverage purveyors, equipment sales, and similar supporting concessions. When requested, approval by the CITY of a subcontract or assignment shall not be umeasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or 20 equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Notwithstanding the foregoing, provided CONCESSIONAIRE is not in default, the CONCESSIONAIRE may assign its inter~st in this Agreement without seeking CITY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the PARTIES and their respective heirs, personal representatives, successors, and assigns. 8.8 Bankruptcy. Except as provided in Article 6 herein, PARTIES agree that ifthe CONCESSIONAIRE is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day arid at the time the bankruptcy petition is filed. 8.9 Compliance with Laws. The CONCESSIONAIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity based on ability and fitness to all persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The CONCESSIONAIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts must be complied with. The CONCESSIONAIRE agrees to indemnify and hold harmless the City from all damages assessed for the CONCESSIONAIRE's faIlure to comply with the Acts and Standards issued thereunder. The CONCESSIONAIRE is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this Agreement. 8.10 Nondiscrimination. PARTIES shall not discriminate in employment or services to the public on the basis ofrace, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. 8.11 Choice of Law & Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 8.12 Costs & Attorneys' Fees. In any action brought to enforce any provision ofthis Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the Premises to the CITY or eviction ofthe CONCESSIONAIRE during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. ....21--.-- --- --- ----~ .----- --~---- ---~-----~ 8.13 Modification. This Agreement may only be modified by written instrument signed by both PARTIES. 8.14 Change in Law/Renegotiation. The PARTIES agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. 8.15 Force Majeure. Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control ofthat obligated party ("Force Majeure"). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 8.16 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 8.17 Illegal Provisions - Severability. Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 8.18 Article Headings, Gender, & Number. Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the PARTIES only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to' the gender and number appropriate in the context. 8.19 Entire Agreement. This Agreement and its Exhibits constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, . written or oral, that have not been set forth in the text of this Agreement. ___22___ ---- -- ---~------~--~-----~_. -------~-~- ---. .-. - - - - --- - .-.-----.- --.------------- 8.20 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.21 Recording. Upon the execution of this Agreement the CITY will cause this Agreement to be recorded with the land use records of Kitsap County, Washington. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Bremerton and Olympic Soccer & Sports Center, LLC as of the day of ,2006. OLYMPIC SOCCER & SPORTS CENTER, LLC a Washington limited liability company By: Dennis Michael, Manager STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) On this day of ,.2006, before me personally appeared , to me known to be the of OLYMPIC SOCCER & SPORTS CENTER, LLC, a Washington limited liability company, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this day of ,2006. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires I 23 -~-------- - - ----~------_. --. _.________m__________ _____._.. _.. ___ _______ _____ -- - - -----. .-.-------..- CITY OF BREMERTON a Washington municipal corporation By: Cary Bozeman, Mayor APPROVED AS TO FORM: Roger A. Lubovich, City Attorney ATTEST: Paula Johnston, City Clerk LIST OF EXHIBITS Exhibit A - Legal Description of Premises Exhibit B - Preliminary Building and Site Plans Exhibit C - Appraisal and Compensation information STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that CARY BOZEMAN is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF - BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this day of ,2006. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires R:\Legal\Legal\Files\Current Active Files\Olympic Soccer\Amendment No. I. v2 (clean).doc 24 - . . - -- -- .. ----------~~~------------- G ; J \ , 1 I \ \ .......\ :eel J :~~ - ::y .'C\ f~ c~ . ~ . ~~ . .Iii!, ~ Vl' u.... --: ':,. . ..!?'"'. .... .... . "f:~ B ... " \; \. ,A.'.: , " ,,,,, ....~, '\.;i; \ i \ I I I I I / I / _~I- ..; / ,/ / (/A; .' \.......~.<.......,:. "<::,WiJI , '\ " " r ......l. ...................'............... ,..:, ". :jt.~: '.:, .\"-.., "\ '- ~:"~ / / / /' :- . '\.. I .."" / l' / \'~ i' , t.\ ~ ' , 't- ". '. A:.f...\; '. ' . . "'~\ "j ,t, .' \. ~ / '- ~'\ 2 / '--- ~ ...... ij).... 5:1~'. I __ _-g -r.--J li\ . ti Q '{, [ ,~ . -,,:.t- " , / '" 3L~f '.~ /., . "" ..0 '" \ .~, . .~.. \~~n (-~i~~'<"~ ~~~rr~~~~;;j;;0'C;,~r?,~~',~:(~~0ii \\. .<1 "" '.' .,,' >, ~. ,. 'ii.':.'1..~.5~. '" '::;~ It"'- ._)"!t. .1.'.'.\ ,'~;'\ ,t' ,.}~ r..... '. \, ,r' '--, ~;~ ~ p. :~....~.....' ,.~w i~ " . ~" .:<' "'.'" '" ,... .,.j'(~j ...... " "" \. ~-""'_._-- 1~ . If, l .,t :;;~ ". &: \ \c ., ", -h.'i,t" '" :;''i~ ';~; ;~f~::i::~ '''-:1 \. ".x~~*. ,.,\, .,.) __ _. .rr..~"=1 -~--- /..\ _ --------:.:::-.::.::.::.::~---.~~HIBITR-=-~-- _J:.----:.-:-[. -~==---~-:=- - - .. .ml~__::=.==-~-c '2 9 tS:.~ (j~ EXHIBIT C Value and Compensation !IStjWffifj~~ji '-"~"',' ,~,-'..','. '., - ,',.---,-.,.:..,."'.,,,.,,,-, '.-.,..-, June 2001 concession site area Addition to concession site area Total Site Area 30,000 square feet 20,000 square feet 50,000 square feet l$J'Ei~ June 2001 value for 30,000 square feet ($0.138 per sq. ft. x 30,000) Determining new concession value (1) $0.20 per sq. ft. for the June 2001 concession site area and proposed addition (50,000 sq. ft.) ($0.20 per sq.ft. x 50,000 = $10,000.00) (2) Add $2,000.00 for outdoor lighting and parking (3) Add $9,000 for field use (150 hours x $60 Ihr) Total Concession Value $4,140.00 $21,000.00 DE;FEJRNfININ~~MONE;FAR;~i~OMPENSAml............@...\.i.'.'. N....j........j!....j~.;.j.....:...fii ~ :'~w,','," ':0.'_ '_'.. """_ ____ ___ ___,_____ , ' . "'.': ,_,",':"'.',,_,," _._:',,, _.________._,_____,-___,___.___._,__;,'._._,~-,- _.',','" " .....:.,: ',', ,::': "'.." ,_ __ _ . , "".:'y" ...' :.;:: :<., .', :,~::,,,,, ",~., _ .~_-'" _ _,' ___._ ____, _' ,____ u_ ._':'. ___.,'",__,,;- 150 hours offield time valued at $60 per hour = $9,000 Concession value ($21,000) minus field time ($9,000) $12,000 per year monetary compensation _~~~ .__.__CQNCESSION_AGREEMENT_._~______._______. Exhibit C . . ------------ ------------- BREMERTON PARKS & RECREATION DEPARTMENT PARKS & RECREATION COMMISSION MEETING Minutes of September 27,2005 680 Lebo Boulevard, Bremerton, W A 98310 Attendance: Susan Bell, Dave Boynton, Wanda Butler, Steve Corda and Doug Groneman and Carol Johnson Nick Garguile Ken Mickelsen, Tom Cressman, JeffElevado, Jodi Wroblewski and Barbara Forbes Absent: Staff: I. Meeting Called to Order by Chairman Groneman at 5:34 p.m; II. Approval of Agenda: Bell/Butler (M/S/C/U) III. Items from Audience: None IV. Approval of Minutes - August 23,2005. CordalBell (M/S/C/U) V. New Business: 1. Lions Park - Path Resurfacing. Prior to tonight's meeting, Mr. Mickelsen had forwarded a memo to the Commission regarding the City's intent to take down some of the poplar trees at Lions Park. The City has since changed their position on the project and will not take down any trees. The department will reposition the path near field 3 <and resurface it all. VI. Old Business: 1. Discussion - Expansion of Soccer Building. Olympic Soccer & Sports Center has selected option # 1 as presented to the Commission in April 2005. The next step of the process is to develop a new lease agreement to include the expansion of the building. Mr. Mickelsen explained how the City determined the value of the land if OSSC were to expand its facility. OSSC leases approximately 30,000 sf from the City. An appraisal was conducted in 2001 which determined the value of the land was 13.8 cents per sf ($4,140 for rent purposes). The current agreement for the ice arena is 19.8 cents per square foot. With the City Attorney's assistance, the department determined the rate at $.20 per square foot. (The department averaged the two rates and included inflation.) The rental agreement also calls for rental values for parking spaces. The current agreement lists 45 parking spaces at $250 per year at 60%. The department is suggesting an additional 23 parking spaces for a total land value of $10,200. $12,000 (land rental for two sites) + $22.200 (rental value for the 68 parking spaces) = $34,200 (Fair Rental Rate) There is a provision in the current lease with OSSC which allows 182 hours of use by the City in lieu of cash payments. The department has determined that it will only need 150 of those hours. Commissioner Corda asked, "How does the 10,000 less square feet affect the final figure? It will probably reduce it by $2,000. Commissioner Johnson wondered if the Ice Arena also pays for parking spaces. They paid for a portion of the expanded parking lot. Commissioner Groneman asked "Where will this money go to?" OSSC would like it dedicated to Pendergast Park. Commissioner Boynton commented that if the motion passes, he would hope the Commission heavily endorse the provision to dedicate the revenue from OSSC for future development projects at Pendergast. He also reported that he had received phone calls from the Christoherson and Lindgren families. During the early development stage of Pendergast Park, these families had donated many hours of their own time, equipment and money for softball fields; Both families had voiced their objections to the expansion. Based on the City's formula to establish a fair rental rate on the soccer facility, the Commission agreed that the City should pursue negotiations with OSSC, with the caveat that revenue from the facility be dedicated to future Pendergast Park projects. Corda/Johnson (MIS/C). VII. Staff Report. 1. Introduction of Holly Peterson - Recreation Coordinator. JeffElevado introduced the new coordinator for the Senior Center, Holly Peterson, to the Commission. Mr. Elevado complimented Lisa Garland, a recreation coordinator from the pool, who had stepped in at the Senior Center prior to Ms. Peterson's arrival. Ms. Garland was able to continue the Center's programs and services without any interruptions. Commissioner Boynton asked that a letter be placed in Ms. Garland's personnel file acknowledging this. 2. Upcoming Events and Programs. · During the two-week annual maintenance service at the Glenn Jarstad Aquatic Center, staff had repaired and cleaned the pool liner. ADA improvements were also made to the locker room doors. · Skate Park - The contractor is still working on another project at Tacoma, but has informed Mr. Cressman that they should have a full crew next week to work on our skatepark. . Lions Park Picnic Shelter - groundbreaking ceremony on Oct. 7th at 12:30 p.m. The project should be completed by December 2005. . Dog Park Meeting schedule for Oct. 6th at 6:30 p.m. at Sheridan Community Center. The fund raising committee has accumulated approximately $900 for the park. vm. Commissioners' Comments and Questions Bell: None Boynton: Congratulated the department for another successful softball season. Butler: She is very pleased with the appearance of all the parks and the improvements to the exterior of the Sheridan Community Center. Corda: He recently spoke with Mark Martin who has assisted with the skatepark design. He wanted to express his appreciation to the City for acknowledging his contribution to the project. Groneman: None Johnson: Has any Senior Center staffbeen sick? None that we have heard, but we will have to see if the furnace will affict the staff during the winter. IX. Adjournment. Meeting adjourned at 6:49 p.m. AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Concession Agreement Between the City of Bremerton and Olympic Soccer & Sports Center, LLC FOR AGENDA OF: JUNE 6 p2001 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: J. Wroblewski, Acting Director DATE SUBMITTED: May 23, 2001 Fiscal & Budget Committee: t Operations Committee: ~ ENDORSEMENTX' IN FORMA T10N_ IC' ;' ~/ / MAYOR~'7vJ' J . ~;:(~ 3. EXHIBITS: 2. · Concession Agreement ***REVISED AGREEMENT WILL BE AVAILABLE ON 6/4/01,b'"'' APPROVED BY COUNCIL PRESlD~ -- COUNCIL PRESIDE "//./- .....- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Bremerton Parks & Recreation Department has been working with Olympic Soccer & Sports Center, -LLC. for the past year on their proposal to build and operate an indoor soccer field at Pendergast Regional Park. Mr. Larry Smith and Mr. Dennis Michael met with the Parks & Recreation Commission and discussed their proposals on a number of occasions. The Parks & Recreation Commission have supported these endeavors and advised the parties to develop their plans with the Parks & Recreation Department. Last year, Mr. Smith and Mr. Michael of OSSC presented this project to the City Council who responded favorably to the concepts. On January 31, 2001, the City Council approved changing the Pendergast Regional Park Master Plan in order to accommodate the site of an indoor soccer facility. 8. RECOMMENDATION: J>l.O- comic I L fiCT I Q~I HQU I RED OtJ r I RST P.E.'\Q I tJC. . Motion to authorize the Mayor to enter into a Concession Agreement with Olympic Soccer and Sports Center, LLC. for the construction and operation of an indoor soccer field facility at Pendergast Regional Park. 9. RESPONSIBLE OFFICIAL: JoAnne Wroblewski ENFORCEMENT OFFICIAL: JoAnne Wroblewski EXPIRATION DATE: REVIEW DATE: PULLED TABLED 10. NOTICE Oy ACTION APPROVED~ DISAPPRoVED_ AMENDED COUNCIL DIRECTIVE: DATE: 1 L AGENDA BILL #: _ 0 I - _ i I S 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued): The City and the Olympic Soccer & Sports Center, LLC. developed this concession agreement that calls for a term of 10 years plus three additional 10 year renewal options provided that the contract is in good standing and that OSSC notifies the City as outlined in the agreement. Additionally, per Washington State Law, the concession agreement reflects a proper reimbursement arrangement by which the City Parks & Recreation Department has use of the facility for 182 hours per year. The scheduling of such hours is outlined in the Agreement. The Agreement also calls for mutually agreed upon conditions for the operations and maintenance of the facilities. 5. IMPACT OF NON-PASSAGE: Olympic Soccer & Sports Center, LLC. will not be able to go forward with their plans. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Per Washington State Law, the concession agreement reflects a proper reimbursement arrangement by which the City Parks & Recreation Department has use of the facility for 182 hours per year. The scheduling of such hours is outlined in the Agreement. The Agreement also calls for mutually agreed upon conditions for the operations and maintenance of the facilities. The Parks & Recreation Department predicts that the year-around presence of this facility will draw patrons to the park on a year-around basis. This is a positive impact to the regular operations at Pendergast Regional Parks as it will increase security and usage of the park. Additional maintenance or operation impacts at the park will be minimal. 7. RESEARCH SOURCES: There are similar operations in the cities ofBeIlingham (a skating arena) and Mt. Vernon (an indoor soccer facility). Both of these operations are successful. ------ ----------------------- "--------~-~--_.- -. \ ---,_._-------------~--- . - - -. ,~----- EXHIBIT - 6/6/01 Concession Agreement CITY OF BREMERTON PARKS & RECREATION DEPARTMENT PARKS & RECREATION COMMISSION MEETING (UNAPPROVED) Minutes of May 22, 2001 Sheridan Community Center 680 Lebo Blvd., Bremerton, WA 98310 Attendance: Susan Bell, David Boynton, Lonnie Dawson, Nick Garguile, Sr., Douglas Groneman and Carol Johnson Wanda Butler Jodi Wroblewski and Barbara Forbes Absent: Staff: I. Call to Order: Vice-Chairman Boynton called the meeting to order at 5:34 p.m. Chairman Groneman proceeded with meeting as of5:36 p.m. ll. Approval of Agenda: M/SIU (Garguile/Dawson) ID. Items from Audience: None. IV. Approval of Minutes - April 24, 2001: M/SIU (Boynton/Garguile) V. New Business: None to address. VI. Old Bnsiness: a. Acquisition of Property: At the last meeting, the Commission recommended that we determine what the GSA requirements regarding the replacement of property as it might relate to the acquisition of property downtown. If so, the Commission would like to apply the $50,000 (SR-3 Park) toward the grant. If not, the Commission may recommend to purchase the property near Stephenson Canyon. Ms. Wroblewski is waiting to hear from GSA. b. Kitsap Lake Committee: Ms. Wroblewski reported that Councilman Jim Reed chaired a District 9 public meeting on May 9, 2001, regarding Kitsap Lake issues. Barry Cook, chairman of the Kitsap Lake Committee, presented the recommendations at the meeting. Mr. Cook report.ed that the Bremerton Assistant City Attorney had reviewed the recommendations and had concerns regarding line of travel ( counter-clockwise) as an ordinance as well as dealing with the noise issues. There was discussion regarding changing the speed limit from 45mph to 36 mph. Two other recommendations to amend the level of alcohol to .08 and defme the noise level (decibel) were suggested. There was a great deal of discussion regarding enforcement of the ordinances. Mr. Reed has been working with Brothers Honda to supply an appropriate watercraft for police use. Ms. Wroblewski advised the Commission that Mr. Cook would be coming to the Parks & Recreation Commission with the Committee's recommendations. . c. . Comprehensive Plan~' With the assistance from Ameri Corps, 100 surveys were distributed to each City Council district (total of 900). Twenty percent of the surveys were returned (250). Becky Lorber is in the process of summarizing the data. Ms. Wroblewski had distrIbuted the data from the surveys that were _distributf:din the fall of 2000. In addition, Ms. Wroblewski distributed a facilities matrix that displayed the parks and their amenities. She requested the Commission to review the data and think of requirements that would constitutes a community park, neighborhood park, and regional park. Ms. Bell questioned if they should consider the park by size or by the user group. Ms. Wn)blewski responded that the Commission should consider that question. It was decided that they should consider size, location, facilities on it, who uses it, and any potential future user changes or needs. Mr. Boynton asked if they should make recommendations or prioritize where the. City should focus their energy on (i.e. develop more walking paths or trails at Stephenson). Ms. Wroblewski commented that that question is in the survey. Mr. Dawson noticed that the Gateway is not in the matrix. Ms. Wroblewski stated that the department will be responsible for maintaining it and should add this to the information. Commission agreed to meet on June 5, 2001 (5:00 p.m. at the Sheridan Community Center) to discuss the plan. d. Park Facility Use Policies: Nothing to report at this time. e. Penden!ast Lease Project: Ms. Wroblewski reported that the concession agreement between Olvmpic Soccer and Sports Center. LLC, has been completed. She indicated that she would be presenting an agenda bill regarding this matter to City Council next week. Ms. Wroblewski reviewed a number of specific conditions of the concession agreement with the Commissioners. She pointed out that the agreement is for ten years, with 3-ten year options. Ms. Wroblewski commented that the Agreement requires that OSSC must be in good standing with their contract terms (i.e. maintenance kept up. etc.) and must give proper notification to the City. She also pointed out that in lieu of a dollar fee. the Parks & Recreation Department will be able to use the facility for 182 hours at the City's discretion as outlined in the Agreement. The hours are based on the appraised value of the property including parking and calculated with the rental rate for that period of time. There was a great deal of discussion regarding receiving hours in lieu of payment. Commissioner Bovnton asked if it was too late to change the payment to some amount of money that could be put in a development fund for the Park. Ms. Wroblewski indicated that it was late in the proceedings. and that when negotiations began regarding the terms of the agreement over a year ago. it was agreed that the hour method of reimbursement would be a better way to deal with inflation for both parties. and that this would demonstrate a partnership. Commissioner Garguile commented that OSSC was using this form of pavment as a business arrangement in order to manage their cash flow. Commissioner Bell asked what kinds of activities would the department be using it for. Ms. Wroblewski outlined a number of activities (such as sport camps. Playground programs. sports tournaments. possibly even a concert other similar event. etc) that the Department would sponsor in this covered facility. M/SIU (Bovnton/Garguile) Moved to approve lease recommendation as prepared and authorize the Parks & Recreation Commission Chairman. Douclas Groneman. to sign the City Council Agenda Bill . Vll. Staff Report: a. Pendergast Lighting Project: Repaired one of the conduits that had been damaged. - Project on track. The lighting ceremony should be sometime in the middle of June. b. Evergreen Park Project - Phase ll: Had pre-construction meeting with contractor. Notice will be sent out for the "dirt turning." Still haven't heard from the Corp of Engineers regarding the shoreline permit. c.Gold Mountain Clubhouse: Walls are going up. Completion is tentatively scheduled for sometime in September. d. Kitsap Regional Coordinating Council (KRCC): A work group under KRCC has been meeting to discuss park and recreation facilities. Part of the driving force behind the group is the Public Facilities District and Kitsap County Parks & Recreation. One of the group's goals is to develop a scope of projects that can go to the voters in 2002. The KRCC is inviting anyone who is interested in parks and recreation facilities to a roundtable on June 20th from 1:00 to 5:00 p.rn. If any of the Commission members are interested in attending, they must contact Ms. Wroblewski. VIII. Commissioners' Comments and Questions: Bell: None BoyntQn: Pleased with the number of citizens enjoying the parks. Dawson: None Garguile: Regarding Bachmann Parks and 9th Street Mini-park, he would like signs reminding patrons of the ordinance requiring pets to be on leashes and for people to clean-up after their pets. Groneman: None. Johnson: Would like the Commission to review the park rental fees. Staff will put on next month's agenda. IX. Adjournment: Meeting adjourned at 6:47 p.m. (Boynton/Johnson) RESPECTFULLYSUBNnTTED BY: JODI WROBLEWSKI DATE SUBMITTED: 05/02/06 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # Oto-, Oq '-8 ....~tit.11((..~~~.....~................................................................, SUBJECT: 2007 Draft C~G/HOME Committee Meeting Date: 05/1 0/06 Policy Plan and Application Public Hearing COUNCIL MEETING Date: 05/17/06 Department: DCD Presenter: Betsy Howe Phone: 360-473-5211 SUMMARY: The Policy Plan remains substantially the same; however, certain parts of the applications have proposed alterations to keep the format consistent with the Kitsap County CDBG/HOME applications. A memo detailing the changes is attached. ATTACHMENTS: Staffmemo outlining proposed changes to 2007 CDBG/HOME Policy Plan, Draft 2007 CDBG/HOME Policy Plan. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ---:;;. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ;1 CONSENT AGENDA 0 I RECOMMENDED MOTION: Move to approve the 2007 CD Application. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action "-" ---~~-------~ DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To~ Bremerton City Council If'lfOm: Betsy Howe, CDBG Program Coordinator ~ Date: May 2, 2006 Re: 2007 Proposed CDBG/HOME Policy Plan and Application The 2007 Community Development Block Grant (CDBG) funding cycle has begun. Enclosed for your review and approval is the draft 2007 COBG I HOME Policy Plan. It remains substantially the same except for the following proposed changes: Application Scorina. This is the most significant proposed change. This recommended change was initiated by the CAC that handles Capital Improvement, Planning and Economic Development projects. The general opinion of the group is that the existing score sheets are restrictive and do not lead to a discussion of how projects compare with one another and what is best for the community as a whole. Each member scores the projects individually with no opportunity to discuss and reach consensus. The score sheets for Housing, Capital and Planning projects differ (with different maximum totals possible), yet these projects compete against one another for the same funding allocation, which eliminates the presumed 'fairness' of the current system. There is no score sheet for Economic Development projects, so those are (ineffectively) scored with the Capital Projects sheet. The new proposal is a two-part system: A more rigorous examination and score by CDSG I HOME staff to determine project eligibility, viability, and agency capacity before the proposal reaches the CAC, and a more comprehensive discussion sheet to help the CAC reach consensus and make final funding recommendations. This proposal is modeled closely with the system currently used by the Kitsap County CDBG, a program governed by the same HUD rules as the City's. Attachment A to this memo is Sections" and III as they appeared in last year's Policy Plan; Attachment B is the proposed replacement; a merged Section " to be used for all applications. (Section III in last year's Policy Plan was redundant and can be eliminated if this change is approved). After a comprehensive discussion of HUO and local requirements, CAC members will be asked to give each project an overall priority rating with a resulting list of prioritized funding recommendations. The first two pages of Attachment B are forms for a more rigorous CDSG staff analysis, a necessary procedure that has been less structured in previous years. Application Attachment coding: This is a minor change. Every application contains a series of attachments pertaining to the requesting agency and the proposed project. I have renumbered and reorganized the attachments to the City's application to match those of the Kitsap County CDBG/HOME application to streamline the process for those agencies that apply for funds from the City and County. Nt> attachments have been lost and the application remains HUD compliant. Add Language to Attachment E-5 (Capital Application}: f would like to add the following language to the Preliminary Environmental Review Questionnaire as a declaration of the applicant's Agency Director: "I understand that upon submittal of this application, no further funds, of any kind, can be spent on this project until a HUD approved Environmental Review is complete. Funds being spent on the project after application submittal could jeopardize the eligibility of the project for HUD funds." This language is added at the recommendation of the Seattle regional HUD office and is intended to prevent requesting agenci.es from violating HUD environmental requirements earrty in the project. Other minor clerical corrections have been made throughout the document, such as changing "The Sun" to "The Kitsap Sun". I have included Attachments A and B, and a complete copy of the Policy Plan for your reference. The Plan, an 82-page dowment, is presented in duplex mode to decrease its size. A full sized copy can be accessed on the City's website at http://www.ci.bremerton.wa.us/displav. php?id=864 . Should you have any questions or concerns about the proposed changes, or any other portion of the Policy Plan and Application, please don't hesitate to contact me at 473-5211. pART II , .: '.... 2006,c]OBGALLqGAtION. POLIGY ,- " <,', .c,".-,": -""""_" . "_'_n ',' _ .'.., How will CDBC funds be distributed among various eligible activities? Funds available for various eligible CDBG activities are determined by Federal regulations and local priorities. Federal regulations limit the amount of funds which can be allocated to public service projects to 15% of the annual CDBG entitlement, plus 15% of the program income received during the City's immediately preceding program year The City receives program income from the revolving housing loan program. These funds do not impact the annual CDBG allocation. The amount available for public services will be 15% of the federal allocation. The amount of funds that can be allocated to planning and administration projects, including the overall administration of the City of Bremerton's CDBG Program, is limited to 20% of the annual grant Federal regulations require that a minimum of 70% of the annual grant funds go to projects that directly benefit low and moderate income persons. Funds allocated under the CDBG program must meet one of the priorities identified in the Kitsap County Consortium Consolidated Plan for 2001 through 2006. The City of Bremerton and Kitsap County joined together as a consortium in order to assure receiving HOME funds. The Consolidated Plan identifies five general priorities related to housing, homeless, and non-housing community needs to be addressed with Federal funds. Please note, that activities that are included in the plan may not be prioritized in the City's Policy Plan. The Consolidated Plan priorities are listed below (the order listed does not establish any categorical priority): 1. Homelessness To ensure that decent, accessible, affordable, and suitable housing is available in the County and Cities and to support services that meet the needs of individuals and families who are homeless or at risk of homelessness, the Kitsap County community will · Provide a variety of decent and safe emergency transitional and affordable permanent housing; · Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness prevention, and rental assistance; · Develop, coordinate, and maintain sufficient support services to sustain low- income and special needs populations' independent living 2. Special Needs Populations' To ensure that suitable, effective assistance is available for vulnerable persons in special needs populations who are in need of housing, support or care services, the Kitsap County community will: · Maintain, improve and increase effective services and suitable housing; CD13G/HOMr:: Pu\r'! NJD ApPLICATIOrJ Attachment A PAGl:5 . Ensure effective service delivery and housing availability through supportive ordinances and regulations; . Support efforts to develop an entry system for special population clients that ensures links with appropriate diagnosis, placement, support and treatment; . Increase and maintain the availability of effective, timely life skills training and work preparation to promote self sufficiency. "Special Needs Populations include the following cat~gories: elderly, frail elderly, persons wj~h disabilities (mental, pllysical, developmental), persons liVing with HIV/AIDS, persons fleeing domes lie violence, persons WIth alcohol or other drug addiction and people affected by more than one identification. 3. HousinQ To ensure access to affordable, decent, safe and appropriate transitional and permanent housing for all individuals and families, the Kitsap County community will: . Increase the stock of affordable rental units throughout the County (except in Bremerton where an increase will be considered only when dilapidated structures are demolished or rehabilitated) through preservation, rehabilitation and construction . Increase the number of new homeowners among low/moderate income individuals and families through fair housing efforts, education, housing counseling, financial assistance and affordable construction; . Improve and retain existing housing stock through preservation, rehabilitation, weatherization, accessibility and planning efforts; . Support education and training that builds community awareness of lead-based paint hazards and incorporate new studies and regulations into any planning for mitigation; . Improve the safety and livability of neighborhoods through revitalization and/or demolition of inappropriate or dilapidated structures; 4. Community Development To ensure the safe livability of neighborhoods, the preservation of important facilities, public access to facilities and services, and planning activities, that primarily benefit low-income persons, Kitsap County will: . Support a continuum of social and health services for low/moderate income persons in Kitsap County; . Provide suitable access to all public buildings in the cities and County; . Support planning and projects that preserve or increase housing for low income and moderate income populations; . Support local efforts toward SOlving public facility needs, especially those identified in capital facilities plans; · Meet urgent Community Development needs, which pose a serious and immediate risk to public health or safety. CDBG/HOME PLAN AND ApPLlCATlmJ PAGE 6 5. Economic Development To ensure a thriving community, with livable wage jobs and long-term economic and social viability, Kitsap County community will: · Support creation and retention of livable wage jobs, and essential job preparation; · Assist low-income individuals who wish to establish, expand or stabilize a small business by providing loans and supportive technical assistance and training; · Revisit existing economic development plans and modify them as necessary to develop and maintain infrastructures that encourage living wage jobs; · Support the continuum of social services for low/moderate working persons in Kitsap County that promote self-sufficiency. categories based on the number and quality of applications received. Funds will be awarded according to the (eligible and reasonable) amount requested by the applicant until the amount available in the category is allocated. The minimum award for public service activities is $7,500, and the maximum is $25,000 The recommendation to be forwarded to the City Council will consist of the projects in each category that receive the highest ranking score based on the funding distribution described above or redistributed as described above. Applicants will be notified of the status of their applications. A public hearing will be held and the Bremerton City Council will make the final decision concerning activities to be included in the 2006 Action Plan. ---------------------- ----_.__._~ 15% maximum What are the five threshold requirements? The application was received by the due date (Postmarks are not accepted) The application is substantially complete (applicants will have the opportunity to repair minor clerical errors). The applicant is eligible as of the application due date. The project or activity addresses a national objective. The project or activity is eligible under the CDBG program. What is the proposed distribution of 2006 CDBG funds? --.-.--.-----~--.___~_n_~_.____~_~__.___________ Public/Human Services $111,240 Planning & Administration $148,321 --_._---------~---_._---- ---------_._----~----- 20% maximum .__._-----_._------~--- ~----- Capital Projects . _.._....~.._._-----------,- ESTIMATED TOTAL $482,042 ----------------- $741,603 What are the Criteria each of the applications will be rated on? The City anticipates receiving more eligible proposals that address priorities identified in the Consolidated Plan than can be funded. The following criteria will be utilized to select activities to be funded. The actual rating form that will be used to evaluate applications is included in part III. You are strongly encouraged to review it and make sure you respond to the criteria when completing the questions required in the application. It is unlikely that any application will address all of the criteria. Note: The <JlT1ount the City will receive in 2006 is an estimate. We will not know the actual amount until Congress approves the federal HUD budget. How will Projects be selected for funding? City staff will review applications to assure they are complete and meet threshold requirements. Projects that do not meet threshold requirements will not be considered for funding. Applications that are complete and meet threshold requirements will be provided to members of the Citizen Advisory Committee for review. Each applicant will have the opportunity to orally present their project and answer questions concerning the application during a brief interview with the Advisory Committee. Based on the application and the interview, each member of the Committee will rate the application according to criteria described in this section. Activities in each category (public service, housing, capital/economic development, and planning,) will be rated in comparison with other activities in the same category. Tile scores of the Committee members, on each activity, will be averaged to determine the final activity score. Once projects have been rated and ranked, funds will be awarded to projects as follows: Projects will be ranked in numerical order according to their rating. The Advisory Committee may recommend a redistribution of the funds among the CDBG/HOME PI AN AND ApPLlGM ION PAGE'" CDBG/HOME PLAN AND AIJPLICA riOI'I PA(,[ B ![.........~--__~~---:-I[G~TS~~\~Ryl~E.~Rrt~RIi,...... jsq IL .......f:lOl.J~INGAcTI"'rrIE~GRI:rgRiA./. . --2] ..i<.~.< ...,'n_ ," Public service activities include, but are not limited to: child care, heatth care, job training, recreation pro(Jrams, education programs, public safety services, fair housing activities, services for senior citizens, services for homeless persons, and drug abuse counseling and treatment. The minimum grant award will be $7,500 and the maximulll award will be $25,000. Increasing the opportunity for homeownership and providing sl;lPport to homeowners is the City's priority concerning use of CDBG funds In relalion to housing. CDBG funds Will not be used to support private rental housing. Housmg projects Include. but are not limited to housing rehabilitation projects, weatherization, and increasing housmg opportunities for the homeless. Projects that address the following criteria will receive priority: The criteria to be used to evaluate public service activities is based on issues identified by service organizations, the Continuum of Care Coalition, Navigating Change meetings and the Family Policy Principals developed by fhe State of Washington. Projects that address the following criteria will receive priority: Activifies that address priorities identified in community planning efforts. (0-30 pts) 2 Projects that are effective in addressing the identified need. Appropriateness and impact (0-1 Opts) Project Design (0-10pts) CosL (0-1 Opts) 3 Projects that are a collaboration between 2 or more agencies to best serve a client group. (0-10 pts) 4 Projects that address a basic need (food, shelter, or clothing). (0-10 pts) 5 Projects that have tile greatest impact on the Lives of clients in relation to the cost of services will receive a priority. (0-10 pts) 6 Projects that address a defined problem through prevention and thus reduce crises and tile need for future services. (0-10 pts) 7 Projects that include a fair and realislic system for measuring both short-range and long range progress. (0-10 pts) 8 Projects that directly address child care issues, prepare people to get a job, and or employ people who are currently on TANF will receive priority. (0-1 Opts) 9 Projects that address a problem tl18t results in a health or safety hazard for low and very low income persons. (0-10 pts) 10 Quality points--Citizen Advisory Members have the option of providing up to +10 or -10 points For projects lhat are eittler exceptional or projects they feel will have a negative impact on the community. (-10-+10 pts) Activities that address priorities identified in community planning efforts. (0-30 pts) 2 Projects that are effective in addressing the identified need. Appropriateness and impact (0-1 Opts) Project Design (0-1 Opts) Cost (0-1 Opts) 3 Projects that promote homeownership either through rehabilitation or homebuyer assistance programs. (0-30 pts) 4 Projects that leverage private funds or other public funds. (0-10 pts) 5 Projects that have the greatest" impact on the lives of clients in relation to the cost of the activity will receive a priority. (0-10 pts) 6 Loans will receive priority over grants. (0-10 pts). 7 Projects that will bring units to a condition to meet federal housing quality standards. (0-10 pts) 8 Projects that include post-assistance maintenance requirements. (0-10 pts) 9 Quality points--Citizen Advisory Members have the option of providing upto +10 or -10 points for projects that are either exceptional or projects they feel Will have a negative impact on the . community. (-10-+10 pts) CDBG/HOME Pl.Ahl At-11J ApPLICATION PAGe 9 CDBG/HOME PLAN AND Apf-'LlCA nON Pi\G!~ 10 ~----~--,---~:"............D---..F~....9AP']"~k.'~R9.JES"fsi9~I,.E~i.~'.....'.'.".,..,.",."" conditions of the public interest security agreements will vary depending on the type of project assisted. . Restrictions on the ChanQe-of-Use of CDSG Assisted Property All CDBG recipients must agree to restrict the use of the property to the intended purpose for which the funds were awarded for a minimum of 5 years after close out of the project This is to ensure compliance with HUD requirements restricting trle change in use of property acquired, constructed or improved with CDBG assistance, and to ensure continued public benefit '\\11 Capital proposals include a variety of projects such as community centers, senior centers, health and day care centers, water and sewer facility improvements, parking, street Improvements, parks and playgrounds. Projects that address the following criteria will receive priority: Activities that address priorities identified in community planning efforts. (0-30 pts) Projects that are effective in addressing the identified need Appropriateness and impact (0-10pts) Project Design (0-1 Opts) Cost (0-1 Opts) Projects that address slum and blighting conditions in areas meeting the deflnllion of a slum and blight area under state or local law. (0-10 pts) Projects that include post assistance maintenance and operation requirements. (0-10 pts) Projects that have the greatest' impact on the lives of clients in relation to the cost of the activity will receive a priority. (0-10 pts) Projects that address a problem that results in a health or safety hazard for low and very low income persons. (0-10 pts) Projects that leverage private funds or other public funds. (0-10 pts) Qua!ity points--Citizen Advisory Members have the option of providing up to +10 or -10 pOints for projects that are either exceptional or projects they feel will have a negative impact on the community. (-10-+10 pts) What are the other policies and regulations that apply? · Consistency with applicable City, County, and/or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards. 2 . Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that CDBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDBG funds. 3 4 . Guidelines for Evaluation and Selecting Economic Development Proiects The City of Bremerton will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit 5 6 . Egual Opportunity All CDBG proposals must comply with federal, state, local laws, and executive Orders which prohibit discrimination on the grounds of race, creed, color, national origin, sex, age, marital status, or the presence of any disability. Discrimination is prohibited in the provision of a service or facility funded with CDBG funds, and in all other aspects of administering a CDBG proposal including contracting, procurement, and employment. 7 8 . Minimizing the Loss of Low and Very Low Income Dwelling Units Any CDBG proposal that would directly result in any occupied or vacant low and very low income dwelling units being (1) demolished, or (2) converted to a use other than as low and very low income housing must include a realistic plan to provide replacement housing within three years of the commencement of the demolition or rehabilitation relating to conversion. · Approval of the Implementing Agency Proposals submitted by applicants other than the Agency, City or County Department that will Implement them must be reviewed and approved by the appropriate Implementmg Agency, City, or County Department prior to submittal. · Legally Binding Public Interest in CDBG Assisted Property HUD requires that facilities acquired, constructed or improved with CDBG funds be :'publicly owned" and that the CDBG public interest be protected. The public (CDBG) Interest will be secured, when appropriate, through a lien on the propelty recorded as a deed of trust, and a promissory note explaining the sale and change of use provIsions that accompany CDBG assisted real property. The specific terms and . Minimizing Displacement and Providing Relocation Assistance It is the policy of the City of Bremerton CDBG Program to discourage CDBG proposals that would cause displacement of people or businesses. Any proposal for CDBG funds that is likely to cause displacement must include relocation assistance payments in the budget. Relocation assistance must be provided consistent with the federal Uniform Relocation Act. . Federal Wage Rates (Davis-Bacon) CDSG/HOME PI,AN ^ND APPLICf,"fION CDBG/HOME PLAN MID ApPl,ICA liON PM')E 12 PAGE 11 Pursuant to the Davis-Bacon Act, federal wage rates apply to almost all construction projects over $2,000. Applications that involve construction must consider Davis- Bacon wage rates in the budget. There are few exceptions to the Davis-Bacon Act such as public agency use of force account crews and the rehabilitation of single family homes and small multi-family buildings. Meet those needs in a way that maintains their dignity and respects their choices Culturally relevant services and supports that: . Explicitly recognize the culture and beliefs of each family and use thesl~ as resources on behalf of the family; Provide equal access to culturally unique communities in pl.anning and prowams, and day-ta-day work, and actively address instances where ~learly disprop~rtlOnate needs e~lst; an? Enhance every clIlture's ability to achieve self-sufliclency and contribute In a productive way to the larger community Coordinated services that: Develop strategies and skills for collaborative planning, problem solving, and service . Federal Audit Requirements Private non-profit agencies expending $300,000 or more in federal funds annually (whether CDBG alone or CDBG in conjunction with other federal funds) must have an annual audit conducted by an independent auditor in accordance witll OMB A- 133 Audit Standards for Private Non-Profit Organizations. Agencies are responsible to meet this audit requirement. delivery; . Lead-Based Paint Abatement Any proposed homeownership, rental housing, rehabilitation or acquisition project tllat involves a (1) pre-1978 structure, and (2) would likely house a child age 6 or less must be informed of the possible hazards of lead based paint and a plan must be developed for addressing the presence of lead based paint under 24 CFR 35.105. Costs for abatement must be included in the rehabilitation budget. Encourage coordination cmd innovation by providing both formal and informal ways for people to communicate and collaborate in planning and programs; Allow clients, vendors, community people, and other agencies to creatively provide the most effective, responsive, and flexible services; and Commit to an open exchange of skills and information; and expect people throughout the system to treat each other with respect, dignity, and understanding. Locally planned services and supports that: .. . . OperClte on the belief that each community has specIal charactenstlcs, needs and strengths; . Supplantinq Federal regulations prohibit using CDBG funds to supplant (replace or substitute for) local funds for public services or ongoing responsibilities of general local government. The intent of this federal regulation is to prevent local government from using the availability of federal CDBG dollars as an excuse to reduce local funding commitments. Include a cross-section of local communtty partners from the public and private sectors, in the planning and delivery of services and supports; and Support these partners in addressing the needs ,of their communities through both short range and long range planning and in establishing priorities within state and federal standards. . Architectural Barriers Act (ABA) and the Americans with Disabilities Act (ADA) The ABA requires certain buildings or other facilities that receive Federal funds to be designed, constructed or altered in accordance with standards tllat insure accessibility, to, and use by physically handicapped people. The ADA provides comprehenSive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further requires that facilities for first occupancy are readily accessible and that architectural and structural barriers are removed when possible in existing facilities. Community based prevention that: Encourages and SUpPOIts state residents to create positive conditions in ttleir communities to promote the well being of families and reduce crises and the need for future services. Outcome-based services and supports that: Include a fair and realistic system for measuring both short-range and long-range progress and determining whether efforts make a difference; , Use outcomes and indicators that reflect the goals that communities establish for themselves and their children; Works towards these goals and outcomes at all staff levels and in every agency; and Provide a mechanism for informing the development of program policies. Customer service that: Provides a climate that empowers staff to deliver quality programs and services; Is provided by courteous, sensitive, and competent professionals; and Uphold the dignity and respect of individuals and families by providing appropriate stLlff recognition, information, training, skills and support. Creativrty that: Increases the flexibility of funding and programs to promote innovation in planning, development, and provision of quality services; and Simplifies and reduces or eliminates rules that are barriers to coordination and quality . Family Policy Principles In the early 1990s the State of Washington conducted a number of focus groups throughout the State. Approximately 400 people, who were receiving human services at the time were asked to describe the characteristics of services that would be most effective for them. The Family Policy Principles reflect their collective response, and form tile basis for the Washington State Human Service Policy. The principals, which have been incorporated in the rating of applications, are listed next services. Fanlily-oriented services and supports that: Respond to the changing nature of families; Respond to what individuals and familles say they need, and , CO[1G/HOME PLAN AND ArPI.ICATION PAGE 13 CDBG/HOME PLAN Ar-lLJ ApPUCAl 10r'l PN3[14 c · _R~~Tlir~oo6cDr:3GRATING,CRIJERIA This section contains rating forms for each of the application categories CDBG/HOME PLi;N AND Ar,'PLICA TION Ii .'..'.ioM.'.GP~.~~q~~I~$~R\ii9t:~~A,.ING.9~1~~R!A'..." 1. In order to encourage the development of community priorities and to maximize the impact of the limited CDBG funds, activities that address priorities identified in community planning efforts will receive higher consideration. The need for the specific activity is clearly defined and prioritized in a community wide plan. (If the plan does not 30 clearly prioritize the activity, it does not fall in this category). The need for the specific activity is clearly identified in a community wide plan. 20 The need for the specific project is clearly defined and prioritized in an agency plan. 10 -- The need for the specific project is clearly defined in the application (not in community or agency plan). 5 The need for the project is not ciearly defined. 0 2. Projects that are well developed and effective in addressing an identified need will receive priority. For each sub-section (a, b, and c) choose one score of 0, 5, or 10 points. a. Appropriateness and impact: The solution is appropriate to address the need and will have a major impact on the problem or condition 10 The solution is appropriate to address the need and will have an impact on the problem or condition. 5 The solution will have little impact on the problem or condition. 0 b. Project Design. 1---.-- - The design of the proposed project is well thought out. The application includes a realistic schedule for 10 completion, identifies and controls potential problems 1---- The proposed groject is adequately thought out The schedule is adequate and potentiai obstacies are 5 identified. The proposed project does not include a realistic schedule nor identify or control potential problems. 0 -- --'- c. Cost --- Costs are well defined. The project is ready to proceed if funded. 10 Costs are realistic. The project is ready, with minor issues, to proceed if funded. -~ Costs are questionable. There appear to be major issues that may delay the project if funded 0 3. Projects that are a collaboration between 2 or more agencies to best serve a client group will receive priority. (Choose one score.) Two or more agencies are/will be working together to provide the specific service to the clients (joint application 10 with a iead agency). Two or more agencies will coordinate with each other to provide the specific seNice. 5 -- --- There is little or no coordination with other agencies. 0 4. Projects that address a basic need (food, shelter, or clothing) will receive priority. The project addresses a basic need (food, sheiler, or clothing). The project does not address a basic need. ---ill PAGE 15 CDBG/HOME PLAN NJD AI'PUCAT10N rAG!.: 16 5. Projects that have the greatest impact on the lives of clients in relation to the cost of sewices will receive a priority. (This factor is designed to prioritize projects that maximize benefits with limited funds.) 11.?q06~Bi~~~%~~@r~~~~~1~1~tlgA~IBI~~I~~~S~~0; c-- a. Impact on the lives of clients is major in relation to cast of services 10 b. Impact on the lives of clients is average in relation to cost of services. 5 c. Impact on the lives of clients is minor in relation to cost of services. 0 6. Projects that address a defined problem through prevention and thus reduce crises and the need for future services will receive priority. (Choose 0, 5, or 10 points for the score.) The project directly addresses a defined problem through prevention. (Points are based on the degree to which the issue is defined and the extent to which the project prevents the problem). The project does not address a problem through prevention. 7. Project that include a fair and realistic system for measuring both short-range and long range progress will receive priority. (Choose 0, 5, or 10 points for the score.) Results of the project are defined in short and long term outcomes rather than in units. (Points are based on the degree to which the outcome is defined and can be measured.) Results of the project are not defined in "planned outcomes" 8. Projects tl/at directly address child care issues, prepare people to get a job, and or employ people who are currently on TANF will receive priority. (Choose 0 or 15 points.) ~The proje~t directly addresses child care issues, prepares people to get a job. and/or employs people who currently are on T ANF. The project does not directly address any of the above issues. 9. Projects that address a problem that results in a health and/or safety hazard for low and very low income persons will receive a priority. (Clloose 0, 5, or 10 points for tile score.) ---- The project addresses a problem creating health and/or safety hazards for low and very low income persons. (point spread based on the degree the health and safety problem is defined and the extent to which the project will _,:ddress the need) Tile project does not address a problem creating health and safety hazards for low and very low income persons. Applicant Project Name Rating Factors CAC #1 CAC #2 CAC #3 CAC #4 CAC #5 1. Need/Community Planning (0-30) 2a. Appropriateness and Impact (0-10) 2b. Project Design (Q-10) 2c. Cost (0-10) 3. Collaboration (0-10) 4. Basic Need (0-10) 5. Benefit (0-10) 6. Prevention (0-10) 7. Progress measures (0-10) 8. Child care/employment (0-15) 9. Health and Safety Hazards (0-10) 10. Quality Points (-10-+10) 5-10 Total (-10-145) + o 10, Quality points: Citizen Advisory members have the option of providing up to +10 or -10 points for projects that are either exceptional or projects they feel will have a negative impact on the community. A specific reason for awarding points, either + or- must be stated. COOG/HOME:: PI11N AND ApPLICATION Total of five CAC I'lItings = = RATING divided by 5 Individllall'lltillg f01"1II of five CAC Olelllbel's to be attached PAGE 17 CDBG/HOME Pl.Atl AND ApPLICATION [JA(X;:W Explanation: If .2oo~f[)a(;PLAf'JNING.~A"INGCRlifgRIA.. . ill 1. Plans that result in the development of specific community priorities will receive priority. The plan will result in the development of specific community priorities 30 The plan will result in the development of general community priorities 15 The plan will not result in priorities. 0 2. Plans that upon implementation will benefit low and moderate income persons will receive priority. The plan will benefit low and moderate income persons 20 o The plan will not benefit low and moderate income persons 3. Projects that are a collaboration between 2 or more agencies will receive priority. Two or more agencies are/will be working together to develop the plan. 10 Two or more agencies will coordinate with each other to develop the plan 5 No coordination with other agencies 0 4. Projects that plan and promote neighborhood and local improvements will receive priority. The plan will promote neighborhood and local improvements The plan will not promote neighborhood and local improvements 10 o 5. Quality points: Citizen Advisory members have the option of providing up to +10 or -10 points for projects that are either exceptional or projects they feel will have a negative impact on the community. A specific reason for awarding points, either + or- must be stated. Explanation: COBG/HOME PLAN NJD APPLICATION PAGl.::'18 CDBG/HOME PLAN AND ApPLICATION PAUL:. 20 ~-:20~-6G;~~~~y~t~~~I~g~~~Ji~~fl~~~IL5~I~NBAEIr, Applicant Project Name Rating Factors CAC #1 CAC #2 CAC #3 CAC #4 CAC #5 1. Develapment af Specific Cammunity Priorities (0-30) 2. Benefit to. law and maderate jncome persans (0-20) 3. Callaboratian (0-10) 4. Neighborhaod and lacal impravements (0-10) 5. Quality Paints (-10-+10) Total (-10-80) + ____.____L.__ Total of five CAe ratings = divided by 5 = RATING Individual "nlting fOl"m of five CAe llIembc..s 10 he attaclwd CDBG/HOME PLAN A(~!J ApPlICA nON PAG~ 21 r . ._'n ..........._'.._..... n__u._ _ ,_..._.,_'_' .... .......'.... '...., '. ...."..\_ ....: .... .... 2006CDf3GHOl.lSINGRATIt.J(.iGRITE~IA .... '\~l 1. In order to encourage the development of community priorities and to maximize the impact of the limited CDBG funds, activities that address priorities identified in community planning efforts will receive higher consideration. The need for the specific activity is clearly defined and prioritized in a community wide plan. (If the plan does not 30 clearly prioritize the activity, it does not fall in this category). The need for the specific activity is clearly identified in a community wide plan. 20 The need for the specific project is clearly defined and prioritized in an agency plan. 10 The need for the specific project is clearly defined in the application (not in community or agency plan). 5 The need for the project is not clearly defined. 0 2. Projects tllat are well thought out and effective in addressing tile identified need will receive priority. For each sub-section (a,b, and c) choose one score of 0, 5, or 10 points. a. Appropriateness and impact The solution is appropriate to address the need and will have a major impact on the problem or condition. 10 The solution is appropriate to address the need and will have an impact on the problem or condition. . 5 The solution will have little impact on the problem or condition. 0 b. Project Design: The design of tbe proposed project is well thought out. The application includes a realistic schedule for 10 completion, identifies and controls potential problems. The proposed project is adequately thought out Tile schedule is adequate and potential obstacles are 5 identified The proposed project does not include a realistic schedule nor identify or control potential problems. 0 c. Cost: Cost are well defined. The project is ready to proceed iffunded. 10 Costs are realistic. The project is ready, with minor issues, to proceed jf funded. 5 Costs are questionable There appeor to be major issues that may delay proceeding with the project if funded. 0 3. Projects that promote homeownership either through rehabilitation or homebuyer assistance programs will receive priority. (Choose 0 or 30 points.) The project is entirely for homeownership activities The project is not entirely for homeownership activities 4. Projects that leverage private funds or other public funds will receive priority. (0, 5, or 10 points) ; Each activity leverages one dollar or more of private/other funds for each dollar of CDBG funds. 10 COOG/HOME PLAr~ AND APPLICATION PAGe: 22 E()ch activity levemges between 50 and 99 cents of private/other funds for each dollar of COSG funds. 20...0...6CO.....8. G.. AD. \t...IS. O. R.......y. ic...o. M. M.I1-l"E.Ec;QMP.I..l-...A. .......1:.1.9. ~/..S.fi. E. E....T. .... .. . '.. . . ... . 'I-IQUSINGiAflflL1c::A1:IONS . . . . . Each activity levera9€s less than 50 cents of private/other funds for each dollar of COBG funds. 5. Projects that have the greatest impact on the lives of clients in relation to the cost of services wifl receive a priority. (0, 5, or 10 points) Impacl. on the lives of clients is major in relation to cost of services 10 Impact on the IJves of clients is average in relation to cost of services 5 Impact 011 the lives of clients is minor in relation to cost of services 0 Applicant Project Name 6. Loans will receive priority over grants. (0, 5, or 10 points) Rating Factors CAC #1 CAC #2 CAC #3 CAC #4 CAC #5 Project provides loans 10 Project provides grants and loans 5 Project provides grants 0 1. Need/Community Planning (0-30) 2a. f'ppropriateness and Impact (0-10) 2b./Project Design (().10) 7. Projects that will bring units to a condition to meet federal housing quality standards wifl receive priority. (0, 5, or 10 points) 2c. Cost (0-10) Project will bring all units assisted to a condition to meet federal housing qualily standards 10 Project will bring at least half of all units assisted to a condition to meet federal housing quality standards 5 Project will bring less ttlan half of the units to a condition to meet federal housing quality standards. 0 3. Promotes Homeownership (0-30) 4. Leveraging (0-10) 5. Benefit (0-10) 8. Programs that include post-assistance maintenance requirements wilf receive priority. (0 or 10) 6. Loan (0-10) Housing program includes adopted post..asslstance maintenance requirements 7. Standard Condition (0-10) Housing program does not include adopted post -assistance maintenance requirements 8. Maintenance (0-10) 9. Quality points: Citizen Advisory members have the option of providing up to +10 or -10 points for projects that are either exceptional or projects they feel wilf have a negative impact 011 the commullity. A specific reason for awarding points, either + or- must be stated. Explanation: 9. Quality Points (-10-+10) Total (-10-150) + '1'01:11 of five CAC mtings = divided by 5 = RATING Jndividualmtillg form of five CAe members to be attached CDDG/HOME PL/lJJ "ND ApPLICATION PAGE 23 CDBG/HOME PLAN AND ApPUCA nON rAGE 24 [ ..'...'r~oo6c6~Gc;APIJALPROJEC,TRATi~GCRiT~RIA.:... .... -:. .:" :::P:-"...,: _'_''',_,''', n,.,,__',' ". _,n ','__......__"... 1. In order to encourage tile development of community priorities and to maximize tile impact of the limited CDSG funds, activities that address priorities identified in community planning efforts will receive higher consideration. The need for the specific activity is clearly defined and prioritized in a cOllllTIunity wide plan. (If the plan does not 30 clearly prioritize the activity, it does not fall in this category) The Ileed for the specific activity is clearly identified in a community wide plan. 15 The need for the specific project is clearly defined and prioritized in an agency plan. 10 The need for the specific project i~ clearly defined in the application (not in cornmunity or agency plan) 5 The neerJ for the project is not clearly defined 0 2. Projects that are well thought out and effective in addressing the identified need will receive priority. (For each subsection a, b, and c, choose one score.) a. Appropriateness and impact: The solution is appropriate to address the need and will have a major impact on the problem or condition. 10 The solution is appropriate to address the need and will have an impact on the problem or condition. 5 The solution will have little impact on the problem or condition. 0 b. Project Design: Th(: design of the proposed project is well thought out. The application includes a realistic $chedule for 10 completion, jdentitie.s and controls potential problems. The proposed project is adequately thought out. The schedule is adequate and potential obstacles are 5 idE!ntified. The proposed project does not include a realistic schedule nor identify or control potential problems. 0 c Cost <1nd proiect r~adincss: Budqet is completed. all funds have been committed. site is under applicant's control fif applicable). 20 Cosls are well defined. The.project is ready to proceed when all funds are committed and released. 10 Costs are realistic. The project is ready, with minor issues, to proceed if flmded. 5 Costs are questionable. There appear to be major issues that may del::lY proceeding with the project if funded. 0 3. Activities that address slum and blighting conditions in areas meeting the definition of a slum and bligllt area under state or loeallaw wil1 receive a priority. Activity addresses slum and blig!lt conditions in an Clrea determined to be blighted Activity does not occur in an area determined to be blighted , 4. Programs that include post-assistance maintenance and operation requirements . will receive priority. Project includes (-jdopled post-assistance maintenance requirements 10 CDBC:;/HOME PLAr~ AND ApPLIC:A'IIOr~ PA(;E 25 Project does not include adopted post-assistance maintenance requirements o 5. Projects that have tile greatest impact on the lives of clients in relation to the cost of services will receive a priority. (This factor is designed to prioritize projects that maximize benefits with limited funds.) Impact on the lives of clients is major in relation to cost of services 10 Impact on the lives of clients is average in relation to cost of services 5 Impact on the lives of clients is minor in relation to cost of services 0 6. The project will address a problem that results in a health and/or safety hazard for low and very low income persons. The project addresses a problem creating health and/or safety hazards for low and very low income persons. 5-10 (points are based on the degree the health and safety problem is detined and the extent to which the project will address the need) The project does not address a problem creating health and safety hazards for low and very low income persons. 0 7. Projects that leverage private funds or otller public funds will receive priority. Each activity leverages one dollar or more of private/other funds for each dolJar'of CDBG funds. 10 Each activity leverages between 50 and 99 cents of private/other funds for each dollar of CDBG funds. 5 Each activity leverages less than 50 cents of private/other funds for each dollar of CDBG funds. 0 8. Quality points: Citizen Advisory members have the option of providing up to +10 or -10 points for projects that are either exceptional or projects they feel will have a negative impact on the community. A specific reason for awarding points, eitller ~ or- must be stated. Explanation: CDBG/HOME PLAN AND APPL1CATlor~ PAGE 26 ... ..20.06GDBG.A[)\JISbRY.COMMITn:.~....G()MRIL.ATIQN...~.HI;ET..... . ... .... ..GJ.\P:ITAEP~q~EcrAPPLICATIONS . Applicant Project Name Ratin~- Facto~;----------- - GAC#1 - CAG #2 CAG #3 I GAG #4- CAC #5 1. Need/Community Planning (0-30) 2a. Appropriateness and Impact (0-10) 2b. Project Design (O-JO) ._-----~-~_.._--------------~- ------ -----. --------.---- 2c. Cost (0-20) 3. Slum and Blight (0-10) 4. Operation and Maintenance (0-10) 5. Benefit(0-10J --------------_._--~-~_.~--~- -~---. ----~--~- 6. Health and Safety (0-10) 7. Leverage"(O-JO) -=-~= - - -- .- -__=E 8. Quality Points (-10-+10) Total (-10-130) + Total of liVl' CAe ratings = divided by 5 = RATING Individual rating form of five CAC membl,rs to be attached CDBG/HOME PLAt J MiD ApPLlCATIOH PAGE 27 Attachment B PART II 2007 COBG ALLOCATION POUCY How will CDBG funds be distributed among various eligible activities? Funds available for various eligible COBG activities are determined by Federal regulations and local priorities. o Federal regulations limit the amount of funds which can be allocated to public service projects to 15% of the annual CDBG entitlement, plus 15% of the program income received during the City's immediately preceding program year. The City receives program income from the revolving housing loan program. These funds do not impact the annual CDBG allocation. The amount available for public services will be 15% of the federal allocation. · The amount of funds that can be allocated to planning and administration projects, including the overall administration of the City of Bremerton's CDBG Program, is limited to 20% of the annual grant. o Federal regulations require that a minimum of 70% of the annual grant funds go to projects that directly benefit low and moderate income persons. o Funds allocated under the CDBG program must meet one of the priorities identified in the Kitsap County Consortium Consolidated Plan for 2006 through 2010. The City of Bremerton and Kitsap County joined together as a consortium in order to assure receiving HOME funds. The Consolidated Plan identifies five general priorities related to housing, homeless, and non-housing community needs to be addressed with Federal funds. Please note, that activities that are included in the plan may not be prioritized in the City's Policy Plan. The Consolidated Plan can be viewed in its entirety online at: http://www.ci.bremerton.wa.us/displav.php?id=790. The Consolidated Plan priorities are listed below (the order listed does not establish any categorical priority): 1. Homelessness To ensure that decent, accessible, affordable, and suitable housing is available in the County and Cities and to support services that meet the needs of individuals and families who are homeless or at risk of homelessness, the Kitsap County community will: . Provide a variety of decent and safe emergency tran~itional and affordable permanent housing; . Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness prevention, and rental assistance; . Provide critical supportive services to support housing options for the homeless. 2. Special Needs Populations'" To ensure that suitable, effective assistance is available for vulnerable persons in special needs populations who are in need of housing, support or care services, the Kitsap County community will: . Maintain, improve and increase effective services and suitable housing; CDBG/HOME PLAN AND ApPLICATION PAGE 5 . Ensure effective service delivery and housing availability through supportive ordinances and regulations; . . Support efforts to develop an entry system for special population clients that ensures links with appropriate diagnosis, placement, support and treatment; . Increase and maintain the availability of effective, timely life skills training and work preparation to promote self sufficiency. *Special Needs Populations include the following categories: elderly. frail elderly, persons with disabilities (mental, physical, developmental), persons living with HIV/AIDS, persons fleeing domestic violence, persons with alcohol or other drug addiction and people affected by more than one identification. 3. Housina To ensure access to affordable, decent, safe and appropriate transitional and permanent housing for all individuals and families, the Kitsap County community will: . Increase the stock of affordable rental units throughout the County and City through preservation, rehabilitation and construction . Increase the number of new homeowners among low/moderate income individuals and families through fair housing efforts, education, housing counseling, financial assistance and affordable construction; . Improve and retain existing housing stock through preservation, rehabilitation, weatherization, accessibility and planning efforts; . Support education and training that builds community awareness of lead-based paint hazards and incorporate new studies and regulations into any planning for mitigation; . Improve the safety and livability of neighborhoods through revitalization and/or demolition of inappropriate or dilapidated structures; . Promote equal treatment of all who seek homeownership by removing impediments to fair housing. 4. Community Development To ensure the safe livability of neighborhoods, the preservation of important facilities, public access to facilities and services, and planning activities, that primarily benefit low-income persons, Kitsap County will: . Support a continuum of social and health services for low/moderate income persons in Kitsap County; . Provide suitable access to all public buildings in the cities and County; . Support planning and projects that preserve or increase housing for low income and moderate income populations; . Support local efforts toward solving public facility needs, especially those identified in community wide planning efforts; . Meet urgent Community Development needs, which pose a serious and immediate risk to public health or safety. CDBG/HOME PLAN AND ApPLICATION PAGE 6 5. Economic Development To ensure a thriving community, with livable wage jobs and long-term economic and social viability, Kitsap County community will: . Support creation and retention of livable wage jobs, and essential job preparation skills; · Assist low-income individuals who wish to establish, expand or stabilize a small business by providing loans and supportive technical assistance and training; · Revisit existing economic development plans and modify them as necessary to develop and maintain infrastructures that encourage living wage jobs; · Encourage and foster new businesses offering living wage jobs in the County. What is the proposed distribution of 2007 COBG funds? > <.i. ~ Public/Human Services $94,798 15% maximum Planning & Administration $126,397 20% maximum Capital Projects $410,790 ESTIMATED TOTAL $631,985 Note: The amount the City will receive in 2007 is an estimate. We will not know the actual amount until Congress approves the federal HUD budget. What are the other policies and regulations that apply? · Consistency with applicable City. County. and/or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards. . Approval of the Implementing Agency Proposals submitted by applicants other than the Agency, City or County Department that will implement them must be reviewed and approved by the appropriate implementing Agency, City, or County Department prior to submittal. · LeQaltv BindinQ Public Interest in COBG Assisted Property HUD requires that facilities acquired, constructed or improved with CDBG funds be "publicly owned" and that the CDBG public interest be protected. The public (CDBG) interest will be secured, when appropriate, through a lien on the property recorded as a deed of trust, and a promissory note exptaining the sale and change of use provisions that accompany COBG assisted rea/: property. The specific terms and conditions of the public interest security agreements will vary depending on the type of project assisted. CDBGfHOME PLAN AND ApPLICATION PAGE 7 . Restrictions on the Chanae-of-Use of COBG Assisted Property All COBG recipients must agree to restrict the use of the property to the intended purpose for which the funds were awarded for a minimum of 5 years after close out of the project. This is to ensure oomp\iance with HUn requirements restricting the change in use of property acquired, constructed or improved with CDSG assistance, and to ensure continued public benefit. . Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that COBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDSG funds. .. Guidelines for Evaluation and Selecting Economic Development Projects The City of Bremerton will utiJize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. . Equal Opportunity All COBG proposals must comply with federal, state, local laws, and executive orders which prohibit discrimination on the grounds of race, creed, color, national origin, sex, age, marital status, or the presence of any disabi'ity. Discrimination is prohibited in the provision of a service or facility funded wi;th CIDBG funds, and in all other aspects of administering a COBG proposa~ ,ncluQing oonkactm.g, procurement, and emp~oyment. .. Minimizina the Loss of Low and Very Low 'ncome Dwemna Units Any COBG proposal that woufd directly result in any occupied or vacant low and very low income dwelling units being (1) demolished, or (2) converted to a use other than as low and very low income housing must include a realistic plan to provide replacement housing within three years of tl!1e commencement of the demolition or rehabilitation relating to conversi'on. .. Minimizing Displacement and Providing Relocation Assistance It is the policy of the City of Bremerton CDBG Program to discourage COBG proposals that would cause displacement of people or businesses_ Any proposal for COSG funds that is likely to cause displacement must include relocation assistance payments in the budget. Relocation assistance must be provided consistent with the federal Uniform Relocation Act. .. Federal WaQe Rates (Oavis-Bacon\ Pursuant to the Davis-Bacon Act, federal wage rates apply to almost all construction projects over $2,000. Applications tha,t involve construction must consider Oavis- Bacon wage rates in the budget. There are few exceptions to the Davis-Bacon Ad: such as public agency use of force account crews and the rehabilitation of single family homes and small multi-family buildings. COSG/HOME PLAN AND ApPLICATION PAGE 8 . Federal Audit ReQuirements Private non-profit agencies expending $300,000 or more in federal funds annually (whether COBG alone or COBG in conjunction with other federal funds) must have an annual audit conducted by an independent auditor in accordance with OMB A-133 Audit Standards for Private Non-Profit Organizations. Agencies are responsible to meet this audit requirement. ~ Lead-Based Paint Abatement Any proposed homeownership, rental housing, rehabilitation or acquisition project that involves a (1) pre-1978 structure, and (2) would likely house a child age 6 or less must be informed of the possible hazards of lead based paint and a plan must be developed for addressing the presence of lead based paint under 24 CFR 35.105. Costs for abatement must be induded in the rehabilitation budget . SupplantinQ Federal regulations prohibit using CDBG funds to supplant (replace or substitute for) local funds for public services or ongoing responsibilities of general local government. The intent of this federal regulation is to prevent local government from using the availability of federal COBG dollars as an excuse to reduce local funding commitments. · Architectural Barriers Act (ABA) and the Americans with Disabilities Act (ADA) The ABA requires certain buildings or other facil'ities that receive Federal funds to be designed, constructed or altered in accordance with standards that insure accessibility to, and use by physically handicapped people. The ADA provides comprehensive civil rights to individuals with disabilities in tJ:1e areas of employment, public accommodations, State and locaf government services, and telecommunications. It further requires that facilities for first occupancy are readily accessible and that architectural and structural barriers are removed when possible in existing facilities. . Family Policy Principles In the early 1990s the State of Washington conducted a number of focus groups throughout the State. Approximately 400 people, who were receiving human services at the time were asked to describe the characteristics of services that would be most effective for them. The Family Policy Principles reflect their collective response, and form the basis for the Washington State Human Service Policy. The principals, which have been incorporated in the rating of applications, are listed next Family-oriented services and supports. that: · Respond to the changing nature of families; · Respond to what individuals and families say they need, and · Meet those needs in a way that maintains their dignity and respects their choices. Culturally relevant services and supports that: e Explicitly recognize the culture and beHefs of each family and use these as resources on behalf of the family; e Provide equal access to culturally unique communities in planning and programs, and day-to-day work, and actively address instances where clearly disproportionate needs exist; and CDBG/HOME PLAN AND ApPUCATfON PAGE 9 o Enhance every culture's ability to achieve self-sufficiency and contribute in a productive way to the larger community. Coordinated services that: · Develop strategies and skills for collaborative planning, problem solving, and service delivery; o Encourage coordination and innovation by providing both formal and informal ways for people to communicate and collaborate in planning and programs; · Allow clients, vendors, community people, and other agencies to creatively provide the most effective, responsive, and flexible services; and G Commit to an open exchange of skills and information; and expect people throughout the system to treat each other with respect, dignity, and understanding. Locally planned services and supports that: · Operate on the belief that each community has special characteristics, needs and strengths; · Include a cross-section of local communi'ty partners from the public and private sectors, in the planning and deWvery oj seNK:es and supports; and · Support these partners in addressing the needs of their communities through both short range and long r:<;inge planning and in establishing priorities within state and federal standards. Community based prevention that: · Encourages and supports state residents to create positive conditions in their communities to promote the well being of families and reduce crises and the need for future services. Outcome-based services and supports that: · Include a fair and realistic system for measuring both short-range and long-range progress and determining whether efforts make a difference; · Use outcomes and indicators that refred the goa~s that communities establish for themselves and their children; · Works towards these goals and outcomes at all staff levels and in every agency; and · Provide a mechanism for informing the development of program policies. Customer service that: · Provides a climate that empowers staff to deliver quality programs and services; · Is provided by courteous, sensitive, and competent professionals; and III Uphold the dignity and respect of individualS and families by providing appropriate staff recognition, information, training, skills and support. Creativity that: · Increases the flexibility of funding and programs to promote innovation in planning, development, and provision of quality services; and Simplifies and reduces or eliminates rules that are barriers to coordination and quality services CDBG/HOME PLAN AND ApPUCATION PAGE 10 How will Projects be selected for funding? All 2007 applications will be reviewed and rated against the City of Bremerton policies for the use of these funds. The Review Team, which will consist of CDSG program staff, City accountants, and a Citizens' Advisory Committee, will review the submission requirements, agency capacity, and the programlproject An interview with the Citizens' Advisory Committee will also be considered. The review process is summarized below: Step 1 - Submission Requirements CDSG Staff will review the application to ensure: " Application is complete (applicants may have the opportunity to repair minor clerical errors) · Applicant meets eligibility requirements as of the application due date o Project or activity addresses a national objective · Project or activity is eligible under the CDSG program · Project is consistent with the Consolidated Plan and Priority Needs Step 2 - Technical review A review team, composed of CDSG staff and City accountants, will review the orQanizational capacity of the agency (see rating sheet on page 12), and the fiscal capacity of the agency (see rating sheet on page 13). Performance records of previous CDBG or HOME recipients will also be considered. Results of this Review will be shared with the Citizens' Advisory Committee before interviews. Step 3 - Project Proposal Review and Interviews The Citizens' Advisory Committee assigned to each group of projects will review all applications, meet with the Review Team to review technical scoring, and conduct agency interviews. They will consider Priority Needs,. project and agency effectiveness and readiness, Family Policy Principles, and the mix of overaH requests. They will deliberate (using the Citizen Advisory Committee Application Review Sheet on page 14) and compile a list of funding recommendations. These recommendations will be presented and discussed at a public meeting; on September 12, 2006. at the City's Department of Community Development conference room (see calendar on page iii of this Plan). The recommendations will then be presented to the Bremerton City Council at a Public Hearing on October 4, 2006. The final funding decision will be made by the City Council at the same Public Hearing. CDBG staff wtn suomiit the 2007 Acti.on Plan to HUD on November 1, 2006. CDBGfHOME PLAN AND ApPLICATION PAGE 11 ORGANIZATIONAL CAPACITY Name of Applicant Board reflects a diverse representation of the community including minority and consumer participation, professionals from the community at large, persons with low incomes, and consumer advocates 0-10 Points Board membership provides sufficient opportunities participation (i.e. board vacancies, size and term length) for community 0-10 Points Organizational structure of the agency is clearly defined 0-5 Points Program is adequately staffed I supervised 0-5 Points Chart reflects sufficient staffing and structure for the requested services / project identified in the application 0-5 Points Includes documentation that autborizes organization to conduct CDBGIHOME activities (i.e. 501 (c)(3), public charter, business license, etc.), along with Statement of Experience, IRS 990, and Secretary of State CHO-l and Annual ~~ ~h~ Proposed Project aligns with the Mission Statement 0-5 Points Agency has adopted a policy of non-discrimination based on handicap, gender, race, etc. for all staff, volunteers, clients and participants, and does not deny program benefits for any persons needing reasonable accommodation 0-5 Points Comments: Total Rating: Reviewer: Title: Date: CDSG/HOME PLAN AND ApPLICATION Score PAGE 12 ORGANIZATIONAL FINANCIAL MANAGEMENT Name of Applicant R9~fiN({nitr~rtt~';QMlY,i:~i:i;D~;i' S co re IRS 990 is consistent with submitted audit and Secretary of State Annual Report 0-5 Points Secretary of State CHO-l Form (for non-profits) is consistent with submitted audit and Secretary of State Annual Re ort 0-10 Points Secretary of State Non-Profit Corporate Annual Report is consistent with submitted audit and agency's own annual report 0-5 Points Q'~g~.~I~-~~*!Q_:9~~Jj9i~~fh~~!~~~,~:\M:Q~i~f.r,q~fli~}ild/;;:.~::.,:~:,~t:::~!~.__:~:~:.;(..:.-:,-,,;:::~:: .:. .;, Records and program documents support mvestmentin activities to Benefit lmv-income individuals 0-5 Points Organization clearly demonstrates reinvestment in community 0-5 Points Demonstrates compfiance with Generally Acceptable Accounting Principles 0-5 Points f,9r.:!\.O:Qrg~fii~~t~Q'~S:~;'>;',::jt' ., '-;, ".,-'." ' Audit of Financial Statements Agency has independent review or audit by a CPA (as required by HUD) for the last fiscal year Independent Review OR Audit 0-5 Points 0-10 Points Audit or financial statement demonstrates adequate financial management (includes Management report) Independent Review OR Audit 0-5 Points 0-10 Points Annual Report Agency's Annual Report is completed for the last fiscal year 0-15 Points Total Rating: Comments: Reviewer: Title: Date: CDBGfHOME PLAN AND ApPLICATION PAGE 13 CITIZEN ADVISORY BOARD APPLICATION REVIEW SHEET . . 1. Review of Organizational Capacity Report: Are there remaining questions from the review sheet? 2. Review of Organizational Financial Management: Are there remaining questions from the review sheet? 3. Review of Application: A. Narrative Questions I. Does the proposed project fit within the organization's mission and history? II. Does the project description: 1. Address a national objective and community need? 2. Show that the project will address a significant portion of the identified unmet need with the requested funds? 3. Show that the requesting agency will partner with other community agencies? 4. Address the needs of low and very low income people? III. Does the project's outreach plan and history demonstrate opportunities for persons with disabilities, limited English speaking, and minority clients to gain access to the project? IV. What will be the positive changes projected for this project and can they be documented, evaluated and monitored? B. Are project budget and resources adequate and reasonable for the expected outcome( s)? C. Are the program goals and outcomes clear and specific? D. Does the project fit within the agency's Mission Statement? E. Has the organization successfully managed CDSG I HOME funds effectively in past grants? F. Does the Annual Report reflect a well run organization with the capacity to manage the proposed project? G. If funding request is to support the salary of a position does the job description reflect the requested need within the project? H. Does the salary summary reflect an adequate and balanced salary structure? I. Does the annual report support the activities described in the application and does the report reflect a commitment to the goals of the CDSG program? J. Does the project's history demonstrate a commitment and well thought out plan and need? K. For Capital Projects, does the Operating I Management Plan demonstrate the ability of the organization to carry out and maintain the proposed project? CDBG/HOME PLAN AND ApPLICATION PAGE 14 L For Capital Projects, does the operating budget I proforma provide for a realistic ongoing financial support of the proposed project? M. For Capital Projects requiring a relocation plan, does the plan meet the required criteria and is it fully presented? 4. Overall Rating: High Priority; would like to see funded Needed Project; should be funded if funding is available Not a priority; should not be funded CDBG/HOME PLAN AND ApPLICATION PAGE 15 !--~-------~_.~- CDBG/HOME ....................................................................................................... ii STAFF CONTACTS ............................................................................................. ii 2007 CDBG ALLOCATION SCHEDULE ............................................................ iii CDBG PUBLIC SERVICE CITIZEN ADVISORY COMMITTEE .......................... iv CDBG CAPITAL AND PLANNING CITIZEN ADVISORY COMMITTEE ............ iv 2007 PROPOSED DISTRIBUTION OF CDBG FUNDS ....................................... v CITIZEN PARTICIPATION PLAN ....................................................................... vi FIVE YEAR CONSOLIDATED PLAN ............................................................... viii SECTION 108 LOAN GUARANTEE .................................................................... x OTHER CITIZEN PARTICIPATION OPPORTUNITIES ......................................xi Part I..................................................................................................................... 1 2007 CDBG/HOME ALLOCATION - GENERAL INFORMATION ......................1 PART II................................................................................................................. 5 2007 CDBG ALLOCATION POLICY ................................:..................................5 PART III 2007 NATIONAL OBJECTIVES........................................................ 16 2007 NATIONAL OBJECTIVES AND ELIGIBILITY REQUIREMENTS ............16 P ART V ......................................................;.......................................................24 2007 CDBG APPLICATIONS ............................................................................24 PUBLIC/HUMAN SERVICES APPLICATION........................................................ PLANNING APPLlCA TION.................................................................................... HOUSING PROJECTS APPLICATION ................................................................. CAPITAL PROJECTS APPLICATION................................................................... Department of Community Development 2007 CDBG/HOME POLICY PLAN and APPLICATION FOR FUNDING L 2007 CDBG/HOME PLAN AND ApPLICATION I- I I L. I I i .:COBG/HOMESTAFF CONTACTS I I L Wednesday ADMINISTRATION AND PUBLIC SERVICE ACTIVITIES Wednesday Program Administrator Telephone: Fax: E-Mail: Mailing address: Wednesday (360) 473-5375 (360) 473-5138 City of Bremerton Department of Community Development 345 6thth Street, Suite 600 Bremerton, WA 98337-1873 Wednesday Friday Wednesday Friday PLANNING AND CAPITAL PROJECTS 2001 COSG. AI::1::6CATioN:.S~HEOlJLE 04/1 2/06 04/26/06 05/10/06 05/17/06 05/19/06 06/07/06 07/21/06 08/03/06 07/24/06 08/18/06 08/21/06 08/28/06 09/01/06 09/05/06 09/07/06 09/12/06 09/27/06 10/04/06 10/27/06 1/01/07 Advertise Availability of 2007 Draft Policy Plan (Ad to be placed in The Sun) www.ci.bremerton.wa.us Public Meeting on 2007 Draft Polic~ Plan DCD Conference Room, 345 61 Street, Suite 600, 3:00 PM Present Proposed 2007 Policy Plan/New Advisory Board Member at City Council Study Session, City Council Office, Suite 600 5:00PM Bremerton City Council Public Hearing on 2007 Policy Plan 345 6th Street, 5:30 PM Final 2007 Policy Plan and Application Packet Available 345 6th Street, Suite 600, DCD www.ci.bremerton.wa.us Technical Assistance Meeting City Council Chambers, 345 61h Street, 1 'I Floor Applications Due in City of Bremerton, by 5:00 p.m. DCD, 345 6th Street, Suite 600 (Postmark is not acceptable) Advisory Committee Member Training City Council Chambers, 345 6th Street, 1st Floor Staff Technical Review Application Package to Citizen Advisory Committees CDBG Advisory Committee Review and Interviews Advisory Committee Recommendations to DCD Staff Funding recommendations posted on City's website Public Meeting to Comment on Funding Recommendations DCD Conference Room, 345 6th Street, 3:00 PM City Council Committee meeting on Funding Recommendations Publish DRAFT Action Plan to HUD City Council Hearing on Funding Recommendations 345 61h Street, 5:30PM Annual Action Plan to HUD CDBG Program Year Begins ii 2007 CDBG/HOME PLAN AND ApPLICATION iii Thursday Betsy Howe, Program Coordinator Telephone: Fax: E-Mail: Mailing address: 2007 CDBG/HOME PLAN AND ApPLICATION (360) 473-5211 (360) 473-5138 Betsy. Howe@ci.bremerton.wa.us City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Monday to Friday Monday Monday to Friday Tuesday Thursday Tuesday Wednesday Wednesday Thursday Sunday r-'~~------'-' I I I I I I I I I 1 I I I I I I I I I I I I I 1 I ! I I I I I I L ',C~BG':Pl:JBLlC S~RVIC~ CITIZEN ADVISORY COMMITTEE Position . 1 Member from the City at large Open . 2 Members from the West Bremerton Area Tina Davis Faye Flemister . 2 Members from the East Bremerton Area Open Ronald Smith From then on 3 year staggered terms 2007 PROPOSEDDISTRIBUi"IO,N'OF CDBGFl..!NDS, ' Term Estimated Funding Available for the 2007 CDBG Allocation Process 1/1/06-12/31/08 Tentative Estimate of 2007 Entitlement (2006 allocation less anticipated 7% cut) 1/1/04-12/31/06 1/1/04-12/31/07 Tentative Program Income (PI) Available Total Entitlement + PI 1/1/04-12/31/06 1/1/04-12/31/07 Reallocated Funds prior year projects: Total Available for allocation ,C:DBG.GAplt~L ,AND PLANNING:CITIZEN ADVISORY COMMITTEE Available for 2006 Public Service (15% of entitlement + PI ) Available for COB DCD 2006 Planning and Admin (20% of entitlement + PI) subtotal Available for Capital Projects ( 65% of entitlement + PI + recaptured' capital project funds) · 1 Councilmember (appointed by the Council President) Will Maupin 1/1/04-12/31/06 . 1 Planning Commissioner (appointed by Commission President) Jessica Kennedy 1/1/04-12/31/06 Three Community Members appointed by the Mayor: . 1 Member from the City at large Open . 1 Member from the West Bremerton Area Open . 1 Member from the East Bremerton Area Mike Eversole From then on 3 year staggered term 2007 CDBG/HOME PLAN AND ApPLICATION 1/1/06-12/31/08 1/1/04-12/31/06 1/1/04-12/31/07 iv 2007 CDBG/HOME PLAN AND APPLICATION 511,985 120,000 631,985 o 631,985 94,798 126,397 221,195 410,790 631,985 v r------------------- I I I I I I I I i I I I I I i I I I I I I I i I I I I I I I I I I I L___ 11'0---- crtlzEN PARTICIPATIONPLAN INTRODUCTION The City of Bremerton has received federal Community Development Block Grant (CDBG) funds for over 20 years. During the period 1992 through 1995 the City deferred its status to allow Kitsap County to become an urban county entitlement. The City regained its entitlement status in 1996. The City has formed a consortium with the Urban County for the period of 2005-2008 and beyond under the HOME program in order to better assure the receipt of funds under this program. Each year the City of Bremerton is eligible to receive CDBG funds. There are specific rules and regulations governing the allocation and use of the funds, including provisions for citizen involvement in decision making. The City of Bremerton is committed to assuring opportunities for citizen involvement in decisions concerning activities taking place within their communities. The citizen participation plan outlines opportunities for citizen involvement in community development and housing programs. While the citizen participation plan gives citizens maximum opportunity to participate in the planning, implementation and assessment of housing and community development programs, final authority for development, modification and execution of programs lies with the Bremerton City Council. APPLICABLE PROGRAMS The programs covered by the citizen participation plan are the Community Development Block Grant (CDBG) Program including the Section 108 Loan Guarantee Program (an extension of the CDBG Program) and the HOME Program. PURPOSE The purpose of the Citizen Participation Plan is to provide an ongoing mechanism to insure widespread citizen participation whereby all citizens have an opportunity to fully express their needs and wishes for community improvement. Special efforts will be made to encourage participation by: low and moderate income persons, particularly those living in slum and blighted areas and residents of predominately low and moderate income neighborhoods. minorities and non-English speaking persons, as well as persons with disabilities. This plan provides for representation of all of the citizens of the City of Bremerton by allowing them to have a voice in the decision-making process and giving them greater power and control over activities taking place within their communities. 2007 CDBG/HOME PLAN AND ApPLICATION i DEFINITIONS CITIZEN ADVISORY COMMITTEES Two five-member committees established by the Mayor consisting of citizens representing East and West Bremerton and the City at-large. The Citizen Advisory Committees assist the Development Department in reviewing CDBG and HOME applications, interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council. One committee recommends spending for Public Service activities, the other for Capital and Planning projects. Two of the five committee members are appointed ex officio from the City Council and the Planning Commission. COMMUNITY OR PUBLIC MEETING A meeting hosted by the Development Department to obtain citizens views and opinions concerning planning, implementation, or assessment of activities. At least ten days before the scheduled meeting, the date, location and time will be advertised in The Kitsap Sun. Additionally, notices may be mailed to impacted citizens, organizations, local papers, and papers having minority circulation. KITSAP REGIONAL COORDINATING COUNCIL (KRCC) Comprised of three Kitsap County Commissioners and the Mayors of Port Orchard and Poulsbo, Mayors and City Council Representatives from Bremerton and Bainbridge Island, and representatives of the Port Gamble S'Klallam Tribe and Suquamish Tribe. Responsible for establishing policies for the administration of the HOME program. COMMUNITY DEVELOPMENT DEPARTMENT The City of Bremerton Community Development Department. TECHNICAL ASSISTANCE MEETING A meeting hosted by the Community Development Department to inform citizens and funding applicants of technical aspects relating to the CDBG and HOME programs. At least ten days before the scheduled meeting, the date, location and time will be advertised in The Kitsap Sun. Additionally, notices may be mailed to impacted citizens and organizations. PUBLIC HEARING A hearing hosted by the Bremerton City Council. Notice of public hearings will be published in accordance with the City's policy for publishing notices. Whenever practical, the Community Development Department will also publish a notice of the hearing, if it relates to the programs covered under this plan. Additionally, notices may be mailed to impacted citizens, organizations, local papers, and papers having minority circulation. vi 2007 CDBG/HOME PLAN AND ApPLICATION vii I-~--~--------- I I I I I I I I I I I ! F'!vE"YEARCONSOLlDATED PLAN disabilities, will be contacted to encourage participation in the development of the consolidated plan. The Consolidated Plan is the result of a process set forth by the Department of Housing and Urban Development (HUD) to replace the planning and application aspects of the Community Development Block Grant (CDBG) and HOME programs with a single document. Kitsap County HOME Consortium is required to submit the Consolidated Plan for the HOME participating jurisdiction (which consists of the Urban County and the City of Bremerton). The Consolidated Plan is available online at http://www.ci.bremerton.wa.us/displav.php?id=790 or a copy can be requested from the City of Bremerton Department of Community Development. 5. The Community Development Department will place an advertisement in The Kitsap Sun announcing the acceptance of applications for funding under the HOME/CDBG program. There are a number of specific elements in the Consolidated Plan, including: 6. At least one technical assistance meeting will be held within the City of Bremerton. During the meetings, the Community Development Department will provide information to citizens concerning who can apply for funds, funds expected to be available, the estimated amount of funds that will benefit low and moderate income persons, the range of activities that may be undertaken, priorities for funding, application submission requirements, the application deadline, and how decisions concerning funding will be made. Applications will be made available in a format accessible to persons with disabilities upon request. an assessment of housing needs (primarily of low and moderate income people) and needs of homeless people; an analysis of the City of Bremerton and Kitsap County's housing market; a discussion of the City of Bremerton and Kitsap County's strategies, priority needs, and objectives for housing and community development activities; and two action plans, one that describes the activities Kitsap County will undertake to address priority needs during the next program year utilizing HOME, CDBG, and Public Housing Comprehensive Grant funds and one that describes the activities the City of Bremerton will undertake to address priority needs during the next program year utilizing CDBG funds. Applications may be obtained from, and must be submitted to, the City of Bremerton Community Development Department, 345 6th Street, Suite 600, Bremerton, WA 98337-1873,360.478.5375. Applications are also available on the City of Bremerton website: http://www.ci.bremerton.wa.us/displav.php?id=816 Staff at the Community Development Department is available to provide technical assistance to citizens and organizations concerning the submission of applications. The Community Development Department will review applications to determine compliance with technical aspects of the programs. The Citizen Advisory Committee will review all proposals and interview applicants. Governments, service providers, citizens, and non-profiVprofit agencies, are encouraged to identify needs and priorities, assist in the development of strategies, and to participate in the allocation process. Following are specific opportunities available for citizens to participate in the development of the information to be incorporated in the Consolidated Plan. 7. Applicants submitting proposals will be notified in writing whether or not the Citizen Advisory Committee has recommended their proposal for funding. The notification will include the date, time and place of the public hearing before the Bremerton City Council. 1. At least one community meeting will be held to obtain the views of citizens, public agencies, and other interested parties concerning housing and community development needs, including non-housing community development needs and priorities during development of the plan. 8. A summary of the action plan will be published in The Kitsap Sun and copies will be available at public libraries listed in the resource section of this plan and the City of Bremerton office. The summary will describe the contents and purpose of the action plan, and include a list of locations where copies of the entire proposed plan may be examined, along with the date, location, and time of the Bremerton City Council Public Hearing to adopt the plan. Citizens will be provided a period of at least 30 days to review and comment on the plan. Comments or views of citizens will be considered at the public hearing, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the final consolidated plan which will be submitted to HUD. 2. The Community Development Department will specifically consult with appropriate social service agencies regarding the housing and community development needs and priorities of children, elderly persons, persons with disabilities, homeless persons and other persons served by such agencies. 3. The Community Development Department will coordinate with the Bremerton Housing Authority (BHA) and Kitsap County Consolidated Housing Authority (KCCHA) to encourage participation of residents of public and assisted housing developments, and other low income residents of targeted revitalization areas, ir:l the process of developing and implementing the consolidated plan. 9. The Community Development Department will submit the Action Plan, including the projects proposed to be funded, to Kitsap County to include in the draft consolidated plan. 4. Agencies working with low and moderate income persons, particularly those living in slum and blighted areas and residents of predominately low and moderate income neighborhoods, minorities, non-English speaking persons, and persons with 2007 CDBG/HOME PLAN AND ApPLICATION viii IX 2007 CDBG/HOME PLAN AND ApPLICATION . .~. SECTION loa LOAN GUARANTEE OTHER. CITIZEN PARTICIPATION . OPPOFl;rUNFI!IES~ :', .'0 .".. >', __' ',. 1 Guarantee loan funds may be used for activities described in 24 CFR 570.703 provided such activities meet the general requirements of the CDBG program as descnbed at 24 CFR 570.200. Eligible activities include, but are not limited to: acquisition and rehabilitation of real property; specific relocation assistance; clearance, demolition and removal activities; site preparation; specific economic development activities; acquisition, construction, reconstruction, rehabilitation, or installation of public facilities; and specific construction of housing by non-profit organizations. The Section 108 process may be conducted in conjunction with the CDBG entitlement process. However, the Section 108 application must be addressed separately. The following actions will occur to encourage citizen participation prior to submission of an application for loan guarantee assistance to HUD: IMPLEMENTATION Each program is unique and requires an individual form of citizen involvement during the implementation phase. Each project will use the form of citizen involvement most appropriate to the project's purpose. AMENDMENTS Citizens will be notified and have an opportunity to comment on any substantial changes or amendments proposed to the Action Plan. A substantial change which requires an amendment to the final. statement consists of: A change in the amount to be expended on a project equal to a 10% increase or decrease to the total CDBG/HOME allocation to that project in the specific project. Canceling an approved project or adding a new project. A change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds. Amendments to the Action Plan will be recommended by the Community Development Department and acted upon by the City of Bremerton City Council at a regularly scheduled Public Hearing. Notice of the proposed amendment will be published in The Sun at least thirty (30) days prior to the Public Hearing to allow for public comment prior to implementation of the proposed amendment. Comments or views of citizens will be considered at the public hearing, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the substantial amendment of the final consolidated plan which will be submitted to HUD. 1. A notice will be placed in The Kitsap Sun describing: the amount of guaranteed loan funds expected to be made available, including program income expected to be made available by the activities carried out with guaranteed loan funds; eligible activities; the estimated amount of funds planned. to be used to benefit low and moderate income people; the proposed actiVities likely to result m displacement; and where citizens may obtain additional information about the proposed application. At least one community meeting will be held to obtain the views of citizens, public agencies, and other interested parties concerning co~munity development and housing needs and development of proposed actiVities. The meetmg may be combined with other CDBG meetings if each subject is treated separately. 2. 3. Technical assistance will be provided, by the Community Development Department, to those requesting assistance in developing proposals for loan guarantee assistance, particularly to groups representing persons of low and moderate income. Any request for a change in the amount to be expended.equal to or less than 10% increase or decrease to the CDBG/HOME allocation in a specific project shall not be considered a substantial amendment requiring citizen notification. However, prior written consent of the CDBG Administrator is required. The change must be submitted by the grantee in writing and shall specifically state the reasons for the requested increase and lor decrease. All budget requests will be reviewed and approved or denied by the Community Development Division. 4. The proposed application will be presented during the City of Bremerton City Council's public hearing process for adoption. Citizens and organizations are encouraged to attend the hearing and testify concerning the application. Comments will be incorporated into the application as appropriate. Requirements previously stated relating to meeting needs of non-English speaking residents, responding to citizens complaints, . and addressing displacement shall apply to the Section 108 Citizen participation requirements. PERFORMANCE REPORTS 1. A description of the performance report will be published in The Kitsap Sun and copies will be available at public libraries listed in the resource section of this plan and at the City of Bremerton office. 5. 2. Citizens will be provided a period of at least 15 days to review and comment on the report(s). Comments or views of citizens will be considered in the report(s), and a summary of any comments or views not accepted and the reasons therefore, will be attached to the performance report(s) which will be submitted to HUD. 2007 CDBG/HOME PLAN AND ApPLICATION x 2007 CDBG/HOME PLAN AND ApPLICATION xi I-----~~._-~~-- I i ! i I I I I I I I ~----"" GENERAL INFORMATION A notification will be placed in the following newspaper which is the paper of record at least ten days before a public meeting is held concerning a program described in this plan: The Kitsap Sun TECHNICAL ASSISTANCE Any citizen may contact the Department of Community Development for technical assistance in relation to programs described in this Plan. The Department will help citizens understand the Community Development Programs, the procedures for submitting proposals, the Citizen Participation Plan and other program requirements so they can effectively participate in the Housing and Community Development Program and process. Notices may also be published in papers of racial/ethnic circulation. The notice will indicate when and where the pubtic meeting will be held. Meetings are often held at the following location (please see attached maps): Norm Dicks Government Center 345 6th Street Bremerton, WA COMPLAINTS All written citizen complaints will be referred to the appropriate person(s) or agencies for action. Under normal circumstances, the Department of Community Development will respond to the person making the complaint within 15 days. All complaints and responses will be kept on file. The following local planning department may be contacted concerning planning issues: DISPLACEMENT Bremerton Community Development Chris Hugo, Director 345 6th Street, Suite 600 Bremerton, WA 98337-1873 360.478.5275 The following actions will be or have been taken to minimize displacement: A policy has been developed stating proposals likely to cause displacement of people or businesses are discouraged. Any proposal for funds that is likely to cause displacement must include relocation assistance payments in the budget. Relocation assistance must be provided consistent with the federal Uniform Relocation Act. EFFECTIVE DATE This plan became effective January 1, 1996, and will remain in effect as long as Community Development Block Grant activities are ongoing or until superseded or modified by a new plan. RESOURCES If you have questions concerning the programs identified, or would like copies of policies described in this plan, please contact: CDBG Program Administration: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337-1873 (360)473-5211. A copy of policies described in this plan will be available for review at the following Library: Bremerton 1301 Sylvan Way Bremerton, WA 98310 (360) 377-7601 2007 CDBG/HOME PLAN AND ApPLICATION xii xiii 2007 CDBG/HOME PLAN AND ApPLICATION I- I I I I I I i ,F~art'I,2007C[)BGIH0'ME ALLOcATION -GENERAL INFORMATION The National Objectives are included in the CDBG regulations at 24 CFR 570.208 and described in detail in Part III of this package. What is the Community Development Block Grant (CDBG) Program? The program is authorized by Title I of the Community Development Act of 1974. Federal funds are provided to local governments to assist in the development of decent housing, a suitable living environment, and expanded economic opportunities primarily for persons of low and moderate income. CDBG funds must be used for activities determined by the federal government to be eligible, however the local government determines which eligible use is appropriate in the community. The City of Bremerton is an "entitlement city" and receives an annual CDBG allocation from the federal government. The City accepts applications from various organizations to implement CDBG activities. Each application, at a minimum must meet the three threshold requirements. It must: 1) be implemented by an eligible applicant/recipient; 2) be eligible under the CDBG program requirements (24 CFR parts 570.201-270.207); and 3) meet one of the three national objectives. What are eligible activities? Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201- 570.207. More information concerning eligible activities, and special circurnstances relating to the activities, can be found in Part III of this package. A list of some of the activities follows: Acquisition of real property by purchase, lease or donation Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements Code enforcement in deteriorated or deteriorating areas Clearance, demolition and removal and rehabilitation of buildings and improvements Removal of material and architectural barriers Public services (including labor, supplies and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs Planning activities Assistance to Community Based Development Organizations (CBDO) to carry out projects Assistance to carry out economic development projects Housing services such as housing counseling and energy auditing Assistance to facilitate and expand homeownership opportunities for low and very low income people Lead based paint hazard evaluation and reduction How much money is available? In 2006 the City of Bremerton received $550,522. The amount for 2007 is dependent on the federal HUD budget and will not be known until it is appropriated. It is estimated that the program will receive a reduction in funds. We are estimating the annual entitlement to be available in 2007 at $511,985. For more detailed estimated funding information please see page v. Who is an eligible applicant/recipient? Eligible applicant/recipients include: City departments Other local public agencies Public and private nonprofit organizations (501 (c)(3) Section 301 (d) small business investment companies Local development corporations Private profit organizations may implement certain economic development and micro enterprise activities. Faith based organizations consistent with the President's initiative The following activities generally are not eligible for CDBG funding: . New residential housing construction, except in special circumstances Regular government operations Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government (except for the removal of architectural barriers) Income payments such as payments to individuals or families for food, clothing, or rent, except In certain circumstances Political activities Are there rules or regulations that I should consider when thinking about submilling an application? All projects are subject to environmental review, civil rights compliance, and procurement reqUirements. Some of the other things that may affect the amount you request, and your proJect, are labor standards, relocation, local hire, American Disability Act, and audit requirements. Additionally applicants must: Demonstrate an active governing body or board of directors with skills and experience to provide leadership and direction to the agency; Demonstrate the legal, financial, and programmatic ability to administer the proposed project; and, Meet the City's requirements for contracting agencies such as insurance requirements, audit and financial requirements. What constitutes a complete application? All required elements are included and complete (applicants will have the opportunity to repair minor clerical errors). The application must meet HUD's three Threshold Requirements: o The applicant is eligible as of the application due date. o The project or activity addresses a National Objective (for CDBG applications) o The project or activity is eligible under the CDBG or HOME program. What are the three National Objectives? An eligible CDBG activity must either: Principally benefit low and very low income households; Reduce or prevent slum and blight; or, Meet an urgent need CDBG/HOME PLAN AND ApPLICATION PAGE 1 CDBG/HOME PLAN AND ApPLICATION PAGE 2 ~----_.-----_._--_._--~-_._._~---- I I I I I I I I I I I How do I apply? Complete an application and submit (POSTMARK IS NOT ACCEPTABLE) by 4:30 PM on July 21, 2006 to: What is the HOME Program? The HOME Investment Partnerships Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: *expand the supply of decent, safe, sanitary, and affordable housing; *strengthen the abilities of state and local governments to provide housing; *expand the capacity of nonprofit community based housing development organizations; and *leverage private sector participation in financing affordable housing. CDBG Programs City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337 Eligible applicants will be required to take part in an interview with the Citizen Advisory Committee between August 281h - September 1, 2006. How much money is available? Approximately $425,547 in HOME funds will be available through the City in 2007. 15% or approximately $63,832 will be available to Community Development Housing Organizations (CHDOs) and 5% or approximately $21,277 will be available to Kitsap County for administration and 5% or approximately $21,277 will be available to the City for administration. How do I get help with the application? Attend the pre-application workshop scheduled June 7, 2006 at the Norm Dicks Government Center Council Chambers, 345 6th Street, 1" Floor, Bremerton. Community Development workshops will be held at 9 am and Public Service workshops will be held at 1 pm. Call Betsy Howe at 473-5211 or 473-5375 for help. What are the City's Priorities for Use of HOME funds? HOME funds will primarily be used for projects that promote homeownership. Projects that promote rehabilitation and renovation of existing buildings will be preferred over projects that promote construction on vacant sites. How will applications be reviewed and projects selected? City staff will review the application to assure it is complete, the applicant and project meet the three threshold requirements, and the project is consistent with the Consolidated Plan. Projects not meeting the threshold requirements will be disqualified from consideration for funding. Such projects will not be rated. A Citizens Advisory Committee appointed by the Mayor will review public service applications, interview applicants, rate and rank the projects utilizing the process outlined in Part II, and present their recommendation to the Bremerton City Council. A separate Committee, consisting of appointees by the Mayor plus one council member and one planning commissioner, will similarly review Capital and Planning applications. A public hearing will be held and the Bremerton City Council will make the final decision concerning activities to be included in the 2007 Action Plan. The 2007 Action Plan will be sent to the U.S. Department of Housing and Urban Development by November 15, 2006 for approval. What is the Process for allocation of HOME funds? Applications will be accepted year round Application will be submitted to the City's Department of Community Development (OeD) Application will be reviewed by DCD staff for technical requirements Staff will contact Council person in District where proposed project is located Neighborhood meeting will be held if appropriate (Council person will determine the scope of meeting) Applicant may present the proposed project to an interview panel. (If Panel is used): Recommendations of the panel will be presented at City Council Committees Recommendations of the panel will be presented to City Council City Council will approve or deny funding When will funds be available? Funding is dependent on the federal HUD budget being ratified. In "normal" years this is by March. We will not be able to sign contracts with sub recipients until we receive a contract from HUD. Remember the budget is an estimate; we will not know the actual amount until after HUD's budget is approved. Certain funds can be committed to projects after the first of the year. Where do I get an application or more information? Call Betsy Howe at 473-5211 or 473-5375 if you are interested in applying for funds under the HOME Program. CDBG/HOME PLAN AND ApPLICATION PAGE 3 CDBG/HOME PLAN AND ApPLICATION PAGE 4 i- I I I ! ....PART)! 200'7 CDBG.ALLOCATION POLICY How will CDBG funds be distributed among various eligible activities? Funds available for various eligible CDBG activities are determined by Federal regulations and local priorities. Federal regulations limit the amount of funds which can be allocated to public service projects to 15% of the annual CDBG entitlement, plus 15% of the program income received during the City's immediately preceding program year. The City receives program income from the revolving housing loan program. These funds do not impact the annual CDBG allocation. The amount available for public services will be 15% of the federal allocation. The amount of funds that can be allocated to planning and administration projects, including the overall administration of the City of Bremerton's CDBG Program, is limited to 20% of the annual grant. Federal regulations require that a minimum of 70% of the annual grant funds go to projects that directly benefit low and moderate income persons. Funds allocated under the CDBG program must meet one of the priorities identified in the Kitsap County Consortium Consolidated Plan for 2006 through 2010. The City of Bremerton and Kitsap County joined together as a consortium in order to assure receiving HOME funds. The Consolidated Plan identifies five general priorities related to housing, homeless, and non-housing community needs to be addressed with Federal funds. Please note, that activities that are included in the plan may not be prioritized in the City's Policy Plan. The Consolidated Plan can be viewed in its entirety online at http://www.ci.bremerton.wa.us/displav.php?id=790. The Consolidated Plan priorities are listed below (the order listed does not establish any categorical priority): 1. Homelessness To ensure that decent, accessible, affordable, and suitable housing is available in the County and Cities and to support services that meet the needs of individuals and families who are homeless or at risk of homelessness, the Kitsap County community will: . Provide a variety of. decent and safe emergency transitional and affordable permanent housing; . Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness prevention, and rental assistance; . Provide critical supportive services to support housing options for the homeless. 2. Special Needs Populations' To ensure that suitable, effective assistance is available for vulnerable persons in special needs populations who are in need of housing, support or care services, the Kitsap County community will: . Maintain, improve and increase effective services and suitable housing; CDBG/HOME PLAN AND ApPLICATION PAGE 5 . Ensure effective service delivery and housing availability through supportive ordinances and regulations; . Support efforts to develop an entry system for special population clients that ensures links with appropriate diagnosis, placement, support and treatment; . Increase and maintain the availability of effective, timely life skills training and work preparation to promote self sufficiency. *SpeciaJ Needs Populations include the following categories: elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons living with HIV/AIDS, persons fleeing domestic violence, persons with alcohol or other drug addiction and people affected by more than one identification. 3. Housinq To ensure access to affordable, decent, safe and appropriate transitional and permanent housing for all individuals and families, the Kitsap County community will: · Increase the stock of affordable rental units throughout the County and City through preservation, rehabilitation and construction . Increase the number of new homeowners among low/moderate income individuals and families through fair housing efforts, education, housing counseling, financial assistance and affordable construction; . Improve and retain existing housing stock through preservation, rehabilitation, weatherization, accessibility and planning efforts; . Support education and training that builds community awareness of lead-based paint hazards and incorporate new studies and regulations into any planning for mitigation; . Improve the safety and livability of neighborhoods through revitalization and/or demolition of inappropriate or dilapidated structures; . Promote equal treatment of all who seek homeownership by removing impediments to fair housing. 4. Community Development To ensure the safe livability of neighborhoods, the preservation of important facilities, public access to facilities and services, and planning activities, that primarily benefit low-income persons, Kitsap County will: . Support a continuum of social and health services for low/moderate income persons in Kitsap County; · Provide suitable access to all public buildings in the cities and County; · Support planning and projects that preserve or increase housing for low income and moderate income populations; · Support local efforts toward solving public facility needs, especially those identified in community wide planning efforts; · Meet urgent Community Development needs, which pose a serious and immediate risk to public health or safety. CDBG/HOME PLAN AND ApPLICATION PAGE 6 5. Economic Development To ensure a thriving community, with livable wage jobs and long-term economic and social viability, Kitsap County community will: . Support creation and retention of livable wage jobs, and essential job preparation skills; . Assist low-income individuals who wish to establish, expand or stabilize a small business by providing loans and supportive technical assistance and training; . Revisit existing economic development plans and modify them as necessary to develop and maintain infrastructures that encourage living wage jobs; . Encourage and foster new businesses offering living wage jobs in the County. . Restrictions on the Chanoe-of-Use of CDBG Assisted Properly All CDBG recipients must agree to restrict the use of the property to the intended purpose for which the funds were awarded for a minimum of 5 years after close out of the project. This is to ensure compliance with HUD requirements restricting the change in use of property acquired, constructed or improved with CDBG assistance, and to ensure continued public benefit. What is the proposed distribution of 2007 CDBG funds? . Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that CDBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDBG funds. Public/Human Services $94,798 15% maximum Planning & Administration $126,397 20% maximum Capital Projects $410,790 ESTIMATED TOTAL $631,985 . Guidelines for Evaluation and Selectino Economic Development Proiects The City of Bremerton will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. Note: The amount the City will receive in 2007 is an estimate. We will not know the actual amount until Congress approves the federal HUD budget. . Eaual Opportunity All CDBG proposals must comply with federal, state, local laws, and executive orders which prohibit discrimination on the grounds of race, creed, color, national origin, sex, age, marital status, or the presence of any disability. Discrimination is prohibited in the provision of a service or facility funded with CDBG funds, and in all other aspects of administering a CDBG proposal including contracting, procurement, and employment. . Minimizino the Loss of Low and Very Low Income Dwellino Units Any CDBG proposal that would directly result in any occupied or vacant low and very low income dwelling units being (1) demolished, or (2) converted to a use other than as low and very low income housing must include a realistic plan to provide replacement housing within three years of the commencement of the demolition or rehabilitation relating to conversion. What are the other policies and regulations that apply? . Consistency with applicable City, County, and/or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards. . Approval of the Implementina Aaencv Proposals submitted by applicants other than the Agency, City or County Department that will implement them must be reviewed and approved by the appropriate implementing Agency, City, or County Department prior to submittal. . Leoallv Bindino Public Interest in CDBG Assisted Properly HUD requires that facilities acquired, constructed or improved with CDBG funds be "publicly owned" and that the CDBG public interest be protected. The public (CDBG) interest will be secured, when appropriate, through a lien on the property recorded as a deed of trust, and a promissory note explaining the sale and change of use provisions that accompany CDBG assisted real property. The specific terms and conditions of the public interest security agreements will vary depending on the type of project assisted. . Minimizino Displacement and Providino Relocation Assistance It is the policy of the City of Bremerton CDBG Program to discourage CDBG proposals that would cause displacement of people or businesses. Any proposal for CDBG funds that is likely to cause displacement must include relocation assistance payments in the budget. Relocation assistance must be provided consistent with the federal Uniform Relocation Act. . Federal Waae Rates (Davis-Baconl Pursuant to the Davis-Bacon Act, federal wage rates apply to almost all construction projects over $2,000. Applications that involve construction must consider Davis- Bacon wage rates in the budget. There are few exceptions to the Davis-Bacon Act such as public agency use of force account crews and the rehabilitation of single family homes and small multi-family buildings. CDBG/HOME PLAN AND ApPLICATION PAGE 7 CDBG/HOME PLAN AND ApPLICATION PAGE 8 . Federal Audit Reauirements Private non-profit agencies expending $300,000 or more in federal funds annually (whether CDBG alone or CDBG in conjunction with other federal funds) must have an annual audit conducted by an independent auditor in accordance with OMB A-133 Audit Standards for Private Non-Profit Organizations. Agencies are responsible to meet this audit requirement. Family-oriented services and supports that: Respond to the changing nature of families; Respond to what individuals and families say they need, and Meet those needs in a way that maintains their dignity and respects their choices. Culturally relevant services and supports that: Explicitly recognize the culture and beliefs of each family and use these as resources on behalf of the family; Provide equal access to culturally unique communities in planning and programs, and day-to-day work, and actively address instances where clearly disproportionate needs exist; and Enhance every culture's ability to achieve self-sufficiency and contribute in a productive way to the larger community. Coordinated services that: Develop strategies and skills for collaborative planning, problem solving, and service delivery; Encourage coordination and innovation by providing both formal and informal ways for people to communicate and collaborate in planning and programs; Allow clients, vendors, community people, and other agencies to creatively provide the most effective, responsive, and flexible services; and Commit to an open exchange of skills and information; and expect people throughout the system to treat each other with respect, dignity, and understanding. Locally planned services and supports that: Operate on the belief that each community has special characteristics, needs and strengths; Include a cross-section of local community partners from the public and private sectors, in the planning and delivery of services and supports; and Support these partners in addressing the needs of their communities through both short range and long range planning and in establishing priorities within state and federal standards. Community based prevention that: Encourages and supports state residents to create positive conditions in their communities to promote the well being of families and reduce crises and the need for future services. Outcome-based services and supports that: Include a fair and realistic system for measuring both short-range and long-range progress and determining whether efforts make a difference; Use outcomes and indicators that reflect the goals that communities establish for themselves and their children; Works towards these goals and outcomes at all staff levels and in every agency; and Provide a mechanism for informing the development of program policies. Customer service that: Provides a climate that empowers staff to deliver quality programs and services; Is provided by courteous, sensitive, and competent professionals; and Uphold the dignity and respect of individuals and families by providing appropriate staff recognition, information, training, skills and support. Creativity that: Increases the flexibility of funding and programs to promote innovation in planning, development, and provision of quality services; and Simplifies and reduces or eliminates rules that are barriers to coordination and quality services . Lead-Based Paint Abatement Any proposed homeownership, rental housing, rehabilitation or acquisition project that involves a (1) pre-1978 structure, and (2) would likely house a child age 6 or less must be informed of the possible hazards of lead based paint and a plan must be developed for addressing the presence of lead based paint under 24 CFR 35.105. Costs for abatement must be included in the rehabilitation budget. . Supplantina Federal regulations prohibit using CDBG funds to supplant (replace or substitute for) local funds for public services or ongoing responsibilities of general local government. The intent of this federal regulation is to prevent local government from using the availability of federal CDBG dollars as an excuse to reduce local funding commitments. I I I ! I I I I i I I I I I I I I I I I I I~_____.._-~-------- . Architectural Barriers Act (ABA) and the Americans with Disabilities Act (ADA) The ABA requires certain buildings or other facilities that receive Federal funds to be designed, constructed or altered in accordance with standards that insure accessibility to, and use by physically handicapped people. The ADA provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further requires that facilities for first occupancy are readily accessible and that architectural and structural barriers are removed when possible in existing facilities. . Familv Policv Principles In the early 1990s the State of Washington conducted a number of focus groups throughout the State. Approximately 400 people, who were receiving human services at the time were asked to describe the characteristics of services that would be most effective for them. The Family Policy Principles reflect their collective response, and form the basis for the Washington State Human Service Policy. The principals, which have been incorporated in the rating of applications, are listed next: COBG/HOME PLAN AND ApPLICATION PAGE 9 CDBG/HOME PLAN AND ApPLICATION PAGE 10 r ___um. ! How will Projects be selected for funding? All 2007 applications will be reviewed and rated against the City of Bremerton policies for the use of these funds. The Review Team, which will consist of CDBG program staff, City accountants, and a Citizens' Advisory Committee, will review the submission requirements, agency capacity, and the program/project. An interview with the Citizens' Advisory Committee will also be considered. The review process is summarized below: Step 1 - Submission Requirements CDBG Staff will review the application to ensure: Application is complete (applicants may have the opportunity to repair minor clerical errors) Applicant meets eligibility requirements as of the application due date Project or activity addresses a national objective Project or activity is eligible under the CDBG program Project is consistent with the Consolidated Plan and Priority Needs Step 2 - Technical review A review team, composed of CDBG staff and City accountants, will review the orqanizational capacitv of the agency (see rating sheet on page 12), and the fiscal capacity of the agency (see rating sheet on page 13). Performance records of previous CDBG or HOME recipients will also be considered. Results of this Review will be shared with the Citizens' Advisory Committee before interviews. I I I i I I I I I i I i I I i I I I I I I I ~_n_______ Step 3 - Project Proposal Review and Interviews The Citizens' Advisory Committee assigned to each group of projects will review all applications, meet with the Review Team to review technical scoring, and conduct agency interviews. They will consider Priority Needs, project and agency effectiveness and readiness, Family Policy Principles, and the mix of overall requests. They will deliberate (using the Citizen Advisory Committee Application Review Sheet on page 14) and compile a list of funding recommendations. These recommendations will be presented and discussed at a public meeting on September 12, 2006 at the City's Department of Community Development conference room (see calendar on page Hi of this Plan). The recommendations will then be presented to the Bremerton City Council at a Public Hearing on October 4, 2006. The final funding decision will be made by the City Council at the same Public Hearing. CDBG staff will submit the 2007 Action Plan to HUD on November 1,2006. CDBG/HOME PLAN AND ApPLICATION PAGE 11 I i I I I I I I I II' ORGANIZAIIONALCAPACrFY. ., ~ Name of Applicant ......; "IF.,..:':-',,, Score Board reflects a diverse representation of the community including minOlity and consumer participation, professionals from the community at large, persons with low incomes, and consumer advocates 0-10 Points Board membership provides sufficient opportunities participation (i.e. board vacancies, size and term lenath) for community 0-10 Points ',>>',', ~i.".,,"'..',' ,".."/.;;":;C :~".,',,~ Organizational structure of the agency is clearly defined 0-5 Points Program is adequately staffed / supervised 0-5 Points Chart reflects sufficient staffing and structure for the requested services / project identified in the anolication 0-5 Points brg1ilif!atiQ~M~DlftIi:""; , , }:. :~~";"~Z' -\,>+-~ >"~<_~,:O~10'~P~ Includes documentation that authorizes organization to conduct CDBG/HOME activities (i.e. SOI(c)(3), public charter, business license, etc.), along with Statement of Experience. IRS 990. and Secretary of State CHO-I and Annual Report 0-5 Points Proposed Project aligns with the Mission Statement 0-5 Points :.': ";':<""'" Agency has adopted a policy of non-discrimination based on handicap, gender, race, etc. for all staff, volunteers. clients and participants, and does not deny program benefits for any persons needing reasonable accommodation 0-5 Points Total Ratinl!: Comments: Reviewer: Title: Date: CDBG/HOME PLAN AND ApPLICATION PAGE 12 r--.---------~.-~--_____~ i i I I I iORGANI:zATIONALFINANCIAL MANAGEMENT CITIZEN, ADVISORY B~ARDAPPLJc5ATION~REVII=W;SHEET ,0,1 Name of Applicant 1. Review of Organizational Capacity Report: Are there remaining questions from the review sheet? I I I I CDBG/HOME PLAN AND ApPLICATION L ___ ,.; >U;';.' '), '.,,; ,;;~", ,', ~;-' ;;.c Score IRS 990 is consistent with submitted audit and Secretary of State Annual Renort 0.5 Points Secretary of State CHO-l Form (for non-profits) is consistent with submitted audit and Secretary of State Annual Reuort 0-10 Points Secretary of State Non-Profit Corporate Annual Report is consistent with submitted audit and aoencv's own annual renort 0-5 Points QJ=glfiiizi!tiofi~oth~BNa?Noli~pToi:;I~~;','7:.:;c:i7~.. ',~:::::;---::o?rs.:Eoi~s Records and program documents support investment in activities to Benetit low.income individuals 0-5 Points Organization clearly demonstrates reinvestment in community 0-5 Points Demonstrates compliance with Generally Acceptable Accounting Princinles 0-5 Points .' .".,;, ,," :"", " ',,:'.. ,," ".....2 Audit of Financial Statements Agency has independent review or audit by a CPA (as required by HUD) for the last tiscal year Independent Review 0-5 Points OR Audit 0-10 Points Audit or tinancial statement demonstrates adequate financinl mnnagement (includes Management report) I ndepeudent Review 0-5 Points OR Audit 0-10 Points Annual Report Aoencv's Anuual Report is completed for the last fiscal year 0-15 Points Total Rating: Comments: Reviewer: Title: Date: 2. Review of Organizational Financial Management: Are there remaining questions from the review sheet? 3. Review of Application: A. Narrative Questions i. Does the proposed project fit within the organization's mission and history? ii. Does the project description: 1. Address a national objective and community need? 2. Show that the project will address a significant portion of the identified unmet need with the requested funds? 3. Show that the requesting agency will partner with other community agencies? 4. Address the needs of low and very low income people? iii. Does the project's outreach plan and history demonstrate opportunities for persons with disabilities, limited English speaking, and minority clients to gain access to the project? iv. What will be the positive changes projected for this project and can they be documented, evaluated and monitored? B. Are project budget and resources adequate and reasonable for the expected outcome(s)? C. Are the program goals and outcomes clear and specific? D. Does the project fit within the agency's Mission Statement? E. Has the organization successfully managed CDBG / HOME funds effectively in past grants? F. Does the Annual Report reflect a well run organization with the capacity to manage the proposed project? G. If funding request is to support the salary of a position does the job description reflect the requested need within the project? H. Does the salary summary reflect an adequate and balanced salary structure? I. Does the annual report support the activities described in the application and does the report reflect a commitment to the goals of the CDBG program? J. Does the project's history demonstrate a commitment and well thought out plan and need? K. For Capital Projects, does the Operating / Management Plan demonstrate the ability of the organization to carry out and maintain the proposed project? PAGE 13 CDBG/HOME PLAN AND ApPLICATION PAGE 14 I---------~~----_._----_. L. For Capital Projects, does the operating budget / proforma provide for a realistic ongoing financial support of the proposed project? M. For Capital Projects requiring a relocation plan, does the plan meet the required criteria and is it fully presented? PART III . 200TNATION.AL'dBJECTIVES; A~b E[J~IBII:JFY<Fi'EQ.l:IIREMENTS'$' 4. Overall Rating: _ High Priority; would like to see funded _Needed Project; should be funded jf funding is available _Not a priority; should not be funded As stated in Part I, each activity must meet a national objective and must be eligible in order to be funded. The following information is provided to assist you in defining the eligibility and national objective that your activity meets and the type of information you need to provide to the City. Specific regulations that govern the CDBG program are available in our office. What are the National Objectives? (Benefit Criteria) An eligible CDBG activity must either (1) principally benefit low and very low income households, (2) reduce or prevent slum and blight, or (3) meet an urgent need. The vast majority of the City's CDBG activities are designed to benefit low and very low income persons and households. The following outlines the way in which CDBG projects can meet a national objective. The criteria are then described in more detail. I. Principally benefit low and very low income A. Area Benefit B. Limited Clientele (1) At least 51% of beneficiaries are low or very low income persons/households (a) Presumed Benefit (b) Agency Requires Client Information (c) Income Eligibility Requirement (Direct Benefit) (d) Nature/location (2) Removal of Architectural Barriers (3) Assistance to Owners of Micro enterprises (4) Employment Support Services C. Housing Activities (Residential) D. Job Creation or Retention - Economic Development II. Reduce or Eliminate Slum or Blight A. Area Basis B. Spot Basis III. Meet an Urgent Community Need Potential applicants must be able to demonstrate that their proposed CDBG activity addresses one of these national objectives in one of several ways described below. I. Benefit Low and Very Low Income Persons To meet this national objective, an applicant must document that the proposed project will benefit predominantly low and very low income persons or households. A low income person/household is one whose annual income does not exceed 80% of the area median income for the City of Bremerton. The following shows income limits by household size for the City of Bremerton. CDBG/HOME PLAN AND ApPLICATION PAGE 15 CDBG/HOME PLAN AND APPLICATION PAGE 16 1---------------- I i INCOME LIMITS a. Presumed Benefit An activity may benefit one of the following groups who are presumed by HUD to be principally low and very low income: abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, and migrant farm workers. Applicants must: NUMBER IN FAMILY LOW INCOME 1 $35,550 2 $40,650 3 $45,700 4 $50,800 5 $54,850 6 $58,950 7 $63,000 8 $67,050 *lIremertoll SMs:.t. Published by HUn. Gross Annunllncome. Rflectil'e 03/06/06 ~ Demonstrate that the facility or service is designed for and used predominantly by one of the groups identified above. b. AQencv Requires Client Information Which Shows 51 % or More are Low and Very low Income For example, community health clinic and most other agencies keep information on client income and family size. The information will be able to document whether or not 51% or more of the clientele are persons whose family income does not exceed low and very low income limits for Kitsap County. Note: Income qualification criteria from other programs (such as state poverty guidelines) may be substituted provided those criteria are at least as restrictive as the HUD income limits. Applicants must: There are several different ways that CDBG activities can benefit low and very low income persons: ~. Attach a map with the boundaries of the project's service area delineated (the surrounding geographic area in which all or most of the people benefiting from the project reside): E! Explain why that particular geographic area is the service area for the project; o Indicate on the map residential and commercial areas within the service area boundary; and o Provide documentation that 51% or more of the residents within the service area are low and very low income persons/households. o Provide documentation of the total number of clients/households served in 2005 (if this is an existing service); o State what percent of the clients/households served in 2005 were low or very low income (or met criteria that are stricter); o Provide a copy of the income qualification criteria that were used to screen clients and to determine the percent that were low and very low income; o Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and o Agree to maintain documentation of the client's incomes for the CDBG contract period. c. Income EliQibilitv Requirements (Direct Benefit) This means that the agency uses income screening to limit the benefits of the CDBG funded activity to only those persons who are low and very low income. For example, a housing counseling program would screen potential clients and use the CDBG funds to pay for the counseling only of those who are income eligible. Applicants must: A. Area Benefit This is defined as an activity, the benefits of which are available to all residents in a particular area, where at least 51% of the residents are low and very low income persons. In addition, the area must be orimarilv residential. Examples of area benefit activities include parks (that serve the immediate area), water and sewer projects, sidewalks and streets, and other public improvements that are available to all residents in a particular area. Applicants must: If you would like assistance in determining if your project is in a low income area, please contact us at 473-5211 or 473-5375. o Screen clients by family size and income; 0' Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and o Describe how the program/project would limit the benefits of the CDBG funded activity exclusively to low and very low income persons/households. d. Nature/Location of Activitv Allows Conclusion of Primarilv Low and Very Low Income Benefit This means that the activity is of such a nature and in such a location that it may be concluded that the clientele will be primarily low and very low income; for example, a food bank near an assisted housing project. B. Limited Clientele 1. An activity which benefits a limited clientele, at least 51 % of whom are low or very low income persons/households. There are four types of activities in this category: l_ _ _~"."OMC~" .""^-,~"'" ,~" CDBG/HOME PLAN AND ApPLICATION PAGE 18 I-----~------~----- I I I I I i I i I I I I I I I I i I I I I I I I I i I I I I I I Applicants must: ~ Screen households for family size and income eligibility. If a residential structure contains two dwelling units, at least one must be occupied by low or moderate income households. If it contains more than 2 units, at least 51 % must be occupied by low and moderate income households. o Explain how the nature, and if applicable, the location of the proposed project, establishes that it is used primarily for low and very low income persons. 2. Removal of Architectural Barriers A project which removes material or architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned non-residential buildings, facilities and improvements, and the common areas of residential structures containing more than one dwelling unit is considered a limited clientele activity. Note: This refers to the removal of existing barriers. It does not apply to new construction. D. Job Creation or Retention Activities These are economic development activities which are designed to create or retain permanent jobs, where at least 51% of the jobs, computed on a full-time equivalent basis, can be documented to employ low and very low income persons for the geographic area where it is located. There are very specific elements of this national objective. Please contact the Community Development staff to discuss your project prior to submitting an application. 3. Assistance to Owners of Micro enterprises When assistance is to be provided to a micro enterprise (a commercial enterprise that has five or fewer employees, one or more of whom owns .the enterprise) the owner must qualify as low or moderate income. Note: for micro enterprise projects under the limited clientele national objective justification, the low and moderate income threshold applies only to the owner; there are no income requirements for the workers the owner employs. II. Reduce or Eliminate Slum and Blight An activity may meet the national objective of reducing or eliminating slum and blight, instead of benefiting low and very low income people. There are two different ways that CDBG activities can meet this second national objective. If CDBG assistance is only provided for training or supportive services (peer support programs, counseling, child care, transportation, and other similar services) to assist business(es), the percentage of low and moderate income persons assisted may be less than 51% if the proportion of the total cost borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. For example: A new business moves into town and begins an on-site day care program for workers. The total cost of the day care is $10,000. There are 40 children, 3 of which meet qualifications as low and moderate income. The maximum amount chargeable to the CDBG program is $750.00. ($10,000/40 =$250 X 3 = $750). A. Area Basis A project must be located in an area defined as a slunl or blighted area under state or local law; the conditions which qualified the area as slum or blight must be on record; and the project must specifically address one or more of these conditions. 4. Employment Support Services B. Spot Basis A CDBG project to eliminate slum and blight on a spot basis (for example, outside of a locally designated slum or blighted area) must be limited to activities necessary to eliminate specific conditions posing a threat to the public health or safety. The health or safety hazard must be identified, and the scope of the project must be limited to correcting the hazard. III. Meet an Urgent Community Need i i I I I I I I I i I I I I L-____.___~_ Applicants must: o Maintain data documenting the total cost of the service, Screen clients by family size and income; and provide a copy of the client intake form highlighting the questions regarding family size and income levels. Use of this category is extremely rare. It is designed only for activities that alleviate emergency conditions. Urgent need activities must meet the following criteria: C. Housina Rehabilitation Activities (Residential) The existing conditions must pose a serious and immediate threat to the health and/or welfare of the community; These are activities providing or improving permanent residential structures which are or will be occupied by low and very low income households. It does not include group homes or shelters for the homeless, which are considered limited clientele activities. The existing conditions are of recent origin or recently became urgent (generally, within the past 18 months); The recipient is unable to finance the activity on its own; and Applicants must: Other sources of funding are not available. CDBG/HOME PLAN AND ApPLICATION PAGE 19 CDBG/HOME PLAN AND ApPLICATION PAGE 20 1------------- I I I I I I I I I i I I I I I I I I I I I ! I I I I i I I I ! I I I What are Eligible Activities? To be considered for funding, a CDBG proposal must also be an eligible activity under the federal CDBG regulations. A variety of activities serving low and very low income people are eligible activities as well as any special requirements or limitations that apply to use of CDBG funds. The applicant should recognize that the City may have local priorities within each of these categories of federally eligible activities that reflect local needs. Local priority policies are described in Part II of this document. develop policy-planning management capacity to rationally and effectively determine needs, set long and short term objectives, devise programs and activities to meet these objectives, and carry out management, coordination, and monitoring of activities necessary for effective planning implementation; .:. Provide assistance including loans and grants for activities carried out by public and private non-profit organizations including: acquisition of real property; acquisition, construction, reconstruction, rehabilitation and installation of certain public facilities, site improvements and utilities; and commercial or industrial buildings or structures and other commercial or industrial real property improvements; and planning; .:. Acquisition of real property in whole or in part by public agencies or private non-profit organizations which is: blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth; appropriate for rehabilitation or conservation activities; and, appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources and scenic areas; the provision of recreational opportunities, or the guidance of urban development; .:. Assistance to Community Based Development Organizations (CBDO) to carry out neighborhood revitalization, community economic development, or energy conservation. A CBDO is an organization with specific characteristics such as: it is organized under State or local law to engage in community development activities; has as its primary purpose the improvement of the physical, economic or social environment of the area; may be either non profit or for profit provided any monetary profit to its shareholders must be only incidental to its operation; it must maintain at least 51% of its governing body's membership for low and moderate income residents of its geographical area of operation, owners or senior officers of private establishments, or representatives of low and moderate income neighborhood organizations located in the area of operation. The Development staff is available to review other requirements with entities interested in becoming CBDOs. .:. Acquisition, construction, reconstruction or installation (including design features and improvements that promote energy efficiency of these) of public works facilities (except of buildings for the general conduct of government), and site or other improvements; .:. Code enforcement in deteriorated or deteriorating areas where such enforcement together with public and private improvements or services are expected to arrest the decline of the area; .:. Provide assistance to private, for-profit entities, when the assistance is appropriate to carry out an economic development project (that shall minimize to the extent practical, displacement of existing businesses and jobs in neighborhoods) that: create or retain jobs for low and very low income people; prevents or eliminates slums and blight; meets urgent needs; creates or retains businesses owned by community residents; assists businesses that provide goods or services needed by, and affordable to, low and very low income residents; provide technical assistance to promote any of the activities described above; .:. Clearance, demolition, removal, and rehabilitation (including rehabilitation which promotes energy efficiency) of buildings and improvements, such as interim assistance, and financing of public or private acquisition for rehabilitation, and rehabilitation of privately owned properties, including the renovation of closed school buildings; '.' Special projects directed to the removal of material and architectural barriers which restrict the mObility and accessibility of elderly and handicapped persons; .:. Relocation payments and assistance to individuals, families or businesses displaced permanently or temporarily by a CDBG funded project consistent with the Federal Uniform Relocation Act; .:. Provide technical assistance to public or non-profit entities to increase the capacity of that entity to carry out eligible neighborhood revitalization or economic development activities; .:. Public/human services, including but not limited to those concerned with employment, crime prevention, chiid care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State) during any part of the twelve-month period immediately preceding the date of submission of the CDBG Action Plan; .:. Housing services such as housing counseling, energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant based rental assistance and other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate under CDBG or under Title II of the Cranston-Gonzales National Affordable Housing Act; .:. Planning activities necessary to: develop a comprehensive community development plan; .:. Provide assistance to public and private organizations, agencies and other non-profit and for profit entities to enable such entities to facilitate economic development by: CDBG/HOME PLAN AND ApPLICATION PAGE 21 CDBG/HOME PLAN AND ApPLICATION PAGE 22 I I I I I I I L providing credit such as through direct loans and loan guarantees, establishing revolving loan funds, and facilitating peer lending programs for the establishment, stabilization and expansion of micro enterprises; providing technical assistance, advice and business support services (including assistance, advice, and support relating to developing business plans, securing funding, conducting marketing, and otherwise engaging in micro-enterprise activities) to owners of micro-enterprises and persons developing micro- enterprises; and providing general support, such as peer support programs, counseling, child care, transportation, and other similar services to owners of micro-enterprises and persons developing micro-enterprises; .:. Provide direct assistance to facilitate and expand homeownership among persons of low and very low income by using such assistance to: subsidize interest rates and mortgage principal amounts for low and very low income homebuyers; finance the acquisition by low and very low income homebuyers of housing that is occupied by the homebuyers; acquire guarantees for mortgage financing obtained by low and very low income homebuyers from private lenders, except that funds may not be used to directly guarantee such mortgage financing and grantees may not directly provide such guarantees; provide up to 50% of any down payment required from low and very low income homebuyers; or pay reasonable closing costs normally associated with the purchase of a home incurred by a low or very low income homebuyer. .:. Lead based paint hazard evaluation and reduction, as defined in Section 104 of the Residential Lead Based Paint Hazard Reduction Act of 1992. What are Ineligible Activities? is) New Residential Housing Construction - CDBG funds generally cannot be used to construct new residential housing units, although activities in support of new housing construction may be eligible. (exception: CBDOs may use CDBG funds for new housing construction) Please note that group homes and shelters are not considered residential housing and are eligible for CDBG for new construction. is) Regular Government Operations - CDBG funds cannot be used to fund the ongoing responsibilities of general local government. is) Government Buildings - Government buildings such as city halls, police stations, jails and other buildings predominantly for the general conduct of government are not generally eligible for CDBG assistance. A major exception is rehabilitation to remove architectural barriers, which is eligible, even in government buildings. is) Income payments - CDBG funds cannot be used for income payments such as payments for income maintenance or housing allowances. is) Political Activities - CDBG funds cannot be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities. COBG/HOME PLAN AND ApPLICATION PAGE 23 PARTIV 200TCOBG APPliCAtiONS II INTRODUCTION: Applications have been designed to gather necessary information about your organization and project to determine compliance with federal CDBG requirements and consistency with local policies for use of funds. Applications should be clear and concise. ApPLICATION DUE DATE: Aoolications must be received (oostmark NOT acceotable) bv Julv 21. 20064:30 PM at: City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 ApPLICATION SUBMISSION Four separate application packages are provided in this section. The application you use will be determined based on the type of project you are proposing. Activity Type Required Attachments Public Service A,B,C Planning A,B,C Housing A,B,O Capital Projects A, B, E Each application consists of 3 components: 2007 CDBG Funding Application Form Response to Rating Factors Attachments . Provide one original application submission consisting of the 3 components described above (include all attachments). . Provide five additional copies of the application submission consisting of: 1. 2007 CDBG Funding Application Form 2. Response to Rating Factors 3. Project Feasibility Attachment (C, D, or E, depending on the application category) Technical Assistance A technical assistance meeting will be held Wednesday, June 7, 2006, at 345 6th Street, Bremerton in the Council Chambers. CDBG/HOME PLAN AND ApPLICATION PAGE 24 I- I I I I I I I I 2007 Community Development Block Grant PUBLIC/HUMAN SERVICES APPLICATION Use this application for projects or programs which involve public services delivered to low-income Bremerton Residents. -I I I I i I I I I I I I I I CDBGPUBLlC S,ERVIC,EAPPLICATION, Appii<5ation'CoQtentsJ ,Checklist 2007 CDBG Funding Application Form Response to Rating Factors Attachments Attachment A (Organizational Capacity) "A-1 A Board Profile, attach the names and addresses of Board Members A-2 An organizational chart showing all staff, board members and volunteer positions A-3 Organizational Data (i.e. 501 (c)(3). public charter, bylaws or business license #) A-4 Non-Discrimination Policies Attachment B (Organizational Financial Management) "B-1 Most Recent Monthly financial statement including year-to-date information. B-2 Most recent Financial Audit or Financial Statement prepared by a CPA including findings. If your audit exceeds 50 pages, please include and executive summary and one full copy of the audit. B-3 A statement of experience including operating statements and lender references and record of performance, qualifications, capacity to carry out the project described in this application and the agency's capacity to manage grants. B-4 IRS 990 (for non-profits) B-5 Secretary of State CHO-1 Form (for non-profits) also known as the Charitable Solicitations Renewal Form. B-6 Secretary of State Non-Profit Corporate Annual Report (for non-profits) Attachment C (Project Feasibility) "C-1 Total Budget, Form 1 "C-2 2007 Agency Budget, Form 2 "C-3a Sources of Financing "C-3b Uses of Financing C-4 National Objective and Eligibility Determination C-5 Outcome Evaluation C-6 Commitment letters from other funding sources for this project C-7 Job Description (if requesting funding for personnel) C-8 Mission Statement "C-9 Agency CDBG/HOME History Form "C-10 Salary Summary for entire Agency C-12 Annual Report. If your report exceeds 50 pages, please include a summary and one copy of the full report. **Form provided within packet , i I I I I I I I I I I I I i I I I I I I I I i i ! i I I I I I i I I . I I '-- I~l ::t'Yf~_tl 2007 CDSG FUNDING APPLICATION FORM . PUBLICSER:VICE ApPIJCATJON( Response ,to. R~tir:lg:Fac!or~., Check the appropriate box to Identify the type of funds for which you are applying: o Public Service 0 Planning 0 Housing 0 Capital Improvement Your project will be rated on the rating criteria as given in Part II of the Policy Plan. Review the factors carefully and identify below how your project relates to the criteria. It is unlikely that any application will address all of the criteria. Indicate by N/ A if the criterion is not applicable to your application. Limit your response to a maximum of 4 pages. CDBG Fund Request $ Project Title Briefly describe your project: (3 to 4 sentences) (If this projecl has been previously funded, please use the same Iitle) Project Description Funds will be used to (25 words or less with specific numbers/goals): 1. Is the project you are proposing identified/prioritized in a community or agency plan? If so, explain how, identify the plan, and provide sufficient information, to address rating criteria number 1. 2. Question 2 has three sections a. Describe how you determined that the project is the most appropriate method to address the need. Describe the impact the project will have on the problem or condition the project is addressing. b. Provide a schedule for completion of the project including specific milestones to be accomplished. Describe any potential obstacles in completing the project. c. Describe how you determined costs. What is the status of any other funds needed to complete the project? Clarify the information in the budget forms if necessary. 3. Describe if you are collaborating or coordinating with other agencies to provide the service. Attach documentation if available. 4. Describe how the project addresses a basic need (food, shelter, or clothing). 5. Describe the impact the project will have on the lives of the people using the services/facility in relation to the cost of the service/facility. 6. Describe how the project will directly address the defined problem through prevention and thus reduce crises and the need for future services. 7. Describe how you will determine the success of the project. Results of the project that are defined in short and long term outcomes will receive a priority. Attachment C-6 can be used to help document this criteria. 8. Describe how the project directly addresses child care issues, preparing people to get a job and/or employs people who are currently on TANF. 9. Describe how the project addresses a problem that creates health and safety hazards for low and very low income persons Project Location (physical address) Geographic Service Area Census Tract(s) Number of Unduplicated People Directly Benefiting from this Project Applicant Name Mailing Address Agency Director Telephone # Name e-mail address Staff Contact Name and Title e-mail address Telephone and Fax # Federal Tax 1.0. # Type of Organization: Public Agency Private Nonprofit Other (Specify) Are you a Certified Housing Development Organization (CHDO) or Certified Community Based Development Organization (CBDO)? DYes D No If not, are you planning on becoming a Certified CHDO or CBDO? DYes D No Authorized Signature Date r---- I I I I I . AftACHMENT,A-1 AGENCY STAFF AND BOARDP.ROFILE . , _. .' ~ ~ '_ 1- " . - - - " ~ : Signature and Title 01 Applicant: Date: AGENCY NAME: PROJECT NAME: Total Total' 'Alrican Asian/Pacific Hispary'?' NativeAmericanl Senior Citizen LOW INCOME Employees Minority Arhii'rican," :Islander' " . AlaskarfNative' (Over 60) CATEGORIES ., " ,. -- M F ,M; i= M F M F M F M F M F M F .. BOARD OF DIRECTORS OFFICIALS & ADMIN. PROFESSIONALS I;' , TECHNICIANS . PROTECTIVE SVC, WORKERS PARA PROFESSIONALS OFFICE.. CLERICAL SKILLED CRAFT SERVICE.. MAINT, VOLUNTEERS OTHER Provide any documentatIon of afflfmatlve actIon taken or proposed to mcrease.mmonty/female representatIOn on Board of Directors, volunteers or In the permanent work force. -l en I I - I I ~ I I )> I I r I I en I I ,., en ::J 0 C >- U 0 or <1l 0 -l 0- <' "Q. " "- c )> 0 0)' III 0' ~ ~ <1l n r or Cl. ~ '" i!i. l1> )> 9f ~ Z r r III " 3 c: ~ z 0 Z G'l en 0 c: :Il 0 m en if> if> '" '" '" '" '" '" '" '" '" '" '" '" 0 I I I I I I I I I I I I I I 0 3 ~ iD a. if> '" '" '" '" '" '" '" '" '" '" '" '" 0 I I I I I I I I I I I I I 0 ::J g: 0' ::J !!!. if> '" '" '" '" '" '" '" '" '" '" '" '" ;;' I I I I I I I I I I I I I ::J g <' l1> )> (0 <1l ::J " '< Z '" 3 <1l (fJ o r:: ... o C1) III o -, :!! .:J III g~ -. - :J- calli .. 0 . ::r l>3 = CD' " :J ':C _ 00 -. .'"' C1) (,), .0-..-., -,Ill "'Ii'":" r:: :J . 0;- '5': .Ie (fJ 0'.. r:: ' .... '0 'C1). III -0 (3 co' Sl. z '" 3 <1l Project Cost Amount CDBGlHOME Funds Other Source of Funds PERSONNEL Managers Staff SUBTOTAL SUPPLIES/EQUIPMENT Office Supplies Equipment SUBTOTAL 'ADMINISTRATiON Advertising Audit Insurance/Bonds Postage/Printing Rent/Utilities Communication TrainingfTravel Transportation SUBTOTAL ACQUISITION COSTS Acquisition SUBTOTAL DEVELOPMENT SOFT COSTS Appraisal Design and A & E Processing/Settlement and Financing Marketing Operating Reserve SUBTOTAL DEVELOPMENT HARD COSTS Clearance/Demolition Construction Rehabilitation Improvements SUBTOTAL OTHER COSTS Relocation Operating/Maintenance expenses SUBTOTAL TOTAL PROJECT COST Agency Name " . '. . AttachmentC"3(b) , ,tI,se olFinancing - AII'Fimding,Solirces ATTACHMENTG~4 . ", -.,. ,..". '. " National Objective. andEI.igi bility . l:)etermihatio ~:_' Project Name Project Name Agency Name Indicate the national objective your project meets. Attach the documentation specified for the national objective (refer to PART III of this manual). o Principally benefit low and very low income o Area Benefit o Limited Clientele o At least 51 % of beneficiaries are low or very low income persons/households (identify a, b, c, or d below; documentation will be determined by the letter selected) (a)D Presumed Benefit (b)D Agency Requires Client Information (c)D Income Eligibility Requirement (Direct Benefit) (d)D Nature/location o Removal of Architectural Barriers o Assistance to Owners of Micro enterprises o Employment Support Services o Housing Activities (Residential) o Job Creation or Retention - Economic Development o Reduce or eliminate Slum or Blight · Identify how you think your project is eligible according to CDBG requirements. Part III provides additional information concerning eligibility requirements. o Acquisition of real property o Acquisition, construction reconstruction or installation of public works facilities o Code enforcement o Clearance, demolition, removal, and rehabilitation of buildings and improvements o Removal of material and architectural barriers which restrict the mobility and accessibility o Public/human service o Planning activities o Assistance to Community Based Development Organizations (CBDO) o Economic development project o Housing services o Assistance to facilitate economic development o Assistance to expand homeownership o Lead based paint hazard evaluation and reduction "'If your agency has an administrative overhead rate pre--approved, please attach documentatIon. I----~------'-~-----------------------------~----------- I I I I Resources Staff Violence Prevention CUlTicuIum Partnerships: University, Counseling Center. Sheriff. Schools Participants 4 Resources PROCESS Activities Deli very of violence prevention curriculum in the schools (pre- K through 4'" Grade) Intensive Violence prevention groups to high risk youth UI! DARE Family empowerment ~ PROCESS Activities UIB ~~~ Attachment C-5 Outcome Evaluation Outputs 4-6 hours of violence prevention education for ] 890 students 480 students recei ve intensive prevention training in 10 week ~roups of 6-10 students each .. 185 at-lisk families reeei ve outreach assistance. ~ OUTCOME Outcomes Improvement in healthy peer social communication reduction of violent behaviors in schools improved schoo] related behaviors consumer satisfaction Attachment C-5 Outcome Evaluation Outputs III /~~~~ OUTCOME Outcomes nl~ ~ ~ Goals Violence prevention III~ Goals ~ ~ I--------------~. I I I I i I I I I I i I I I I I i I I I I I I I L~___ AfrACHMENTC~H):,. .. Sall.uy~iJmmary Public.Service Proj~cts ..' . Attachment Cog. ~:Agen.cy, ~DBG/HOME 'History.'Form Agency Name: Project Name Agency Name Project Name Description 2007 Projected Budqet Number of professional FTEs Number of clerical FTEs Number of all other FTEs SalarY.Jnformation '. ., " Salary of Director Salaries of Professional Staff Salaries of Clerical Staff Other Salaries Description Description Description Description Totals Total Payroll Cost (including payroll taxes) Total Cost of Benefits Total Cost of Retirement Total Salary and Fringe Costs Provide a history of your agency's management of CDBG and/or HOME Projects since 2001. \'~"~,~,r,,,~ I,:..... 'Proj~cI ." . .... ..Dollar ..' . Funds c. CDBG or HOME City or CountY "."~'G .>- ., Amounl', ' Expended'by 'Funds .. " ,. . '. ;. 12/31/05 , c ' , ". COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 What is the agency's insurance program for general liability/officers and board/volunteers, etc.? Does the agency have any threatened or pending litigation? No Yes (if yes, attach explanation) Does the agency have any audit or IRS problems? No Yes (If yes, attach explanation) Authorized Signature Date ,CDBGPLANNINGAPPLlCAj"ION ApplicCiti 6n< ConteritsFSheckii st 2007 CDBG Funding Application Form Response to Rating Factors Attachments Attachment A (Organizational Capacity) hA_1 A 80ard Profile, attach the names and addresses of 80ard Members A-2 An organizational chart showing all staff, board members and volunteer positions A-3 Organizational Data (i.e. 501 (c)(3), public charter...) A-4 Non-Discrimination Policies Attachment 8 (Organizational Financial Management) 8- 1 Most recent monthly financial statement 8-2 Most recent Financial Audit or Financial Statement prepared by a CPA, inciuding findings. 8-3 A statement of experience including operating statements and iender references and record of performance, qualifications, and capacity to carry out the project described in this application 8-4 IRS 990 (for non-profits) 8-5 Secretary of State CHO-1 Form (for non-profits) 8-6 Secretary of State Non-Profit Corporate Annual Report (for non-profits) I I I I I I I I I I I I I I I L________________ 2007 Community Development Block Grant Attachment C (Project Feasibility) PLANNING APPLICATION C-2 hC-3a **C-3b C-4 hC-5 C-6 hC_? C-8 Commitment letters from other funding sources for this project Sources of Financing Uses of Financing Project History Agency CD8G/HOME History form Mission Statement Salary Summary Annual Report Use this application for projects or programs which involve the development or implementation of community plans. **Form provided within paCket I I I I I I I ! i I I I I I I I i I I i [_n__ __ In)' ~i~~lll~1 PLl\Nf..fINGAPPi::fC~TIPN . Re.sponse Jo:RatingFactors i 2007 CDBG FUNDING APPLICATION FORM Check the appropriate box to Identify the type of funds for which you are applying: D Public Service D Planning 0 Housing 0 Capital Improvement Your project will be rated on the rating criteria as given in Part II of the Policy Plan. Review the factors carefully and identify below how your project relates to the criteria. it is unlikely that any application will address all of the criteria. Indicate by N/A if the criterion is not applicable to your application. Limit your response to a maximum of 4 pages. CDBG Fund Request $ Project Title Briefly describe your project: (3 to 4 sentences) (If this project has been previously funded, piease use the same title) Project Description Funds will be used to (25 words or less with specific numbers/goais): 1. Describe the anticipated results of the planning activity. Explain if the plan will result in the development of specific community priorities. 2. Describe who will benefit from implementation of the planning effort and how they will benefit. Project Location (physical address) Geographic Service Area Census Tract(s) 3. Describe if you are collaborating or coordinating with other agencies to develop the plan. Attach documentation if available. Number of Unduplicated People Directly Benefiting from this Project 4. Does the plan promote neighborhood and local improvements? Explain. Applicant Name Mailing Address Agency Director Name e-mail address Telephone # Staff Contact Name and Title e-mail address Telephone and Fax # Federal Tax I.D. # Type of Organization: Public Agency Private Nonprofit Other (Specify) Are you a Certified Housing Development Organization (CHDO) or Certified Community Based Development Organization (CBDO)? 0 Yes 0 No If not, are you planning on becoming a Certified CHDO or CBDO? 0 Yes 0 No Authorized Signature Date r----~-~.--~----------------~--------. I ATTACHMENTA~1 . AGENC'{STAFFAND BOARD PROFilE ,'~ R ~. , , AGENCY NAME: PROJECT NAME: Total ;-. Tota/~ . 'African ' 'A'siillliPacific' , . Hispanic' ; NativeAme'ricanl, Senior Citizen LOW INCOME Employees ~inOiity , Amerjcan~-' islander' Alaskan Native" (Over 60) CATEGORIES , ,'" , h M F M,,;' F M F M F M F M F M F M F BOARD OF DIRECTORS OFFICIALS & ADMIN, ", ",:. PROFESSIONALS r , , TECHNICIANS PROTECTIVE SVC, WORKERS PARA PROFESSIONALS OFFICE, CLERICAL SKILLED CRAFT SERVICE, MAINT, '. VOLUNTEERS , OTHER Provide any documentation of affirmatIve action taken or proposed to increase minority/female representation on Board of Directors, volunteers or in the permanent work force. Signature and Title of Applicant: -i (f) I I 3' I I ::? I I ;l> I I r I I (f) I I 'T1 en 0 c >- u 0 iD ro 0 -i cr <' 'Q. C'l Q. C 0 5' OJ ~ ~ ro ;l> '" ~ o' ~ d r- iD OJ CD ;l> ~ ~ Z r- r- '" "T1 3 c ~ z c Z Gl en 0 c :0 0 m en .<1> <I> '" '" '" '" '" '" '" '" '" '" '" '" 0 I I I I I I I I I I I I I I 0 3 3 a' CD a. <I> '" '" '" '" '" '" '" '" '" '" '" '" 0 I I I I I I I I I I I I I 0 :l a. ;+ o' :l !!!. <f> '" '" '" '" '" '" '" '" '" '" '" '" -i I I I I I I I I I I I I I CD :l ![ <' CD Date: ;l> <0 CD ::l C'l '< Z OJ 3 ro en o c: ." o >CD 'l/l o. _. !!. ::I" III '~ )> -.- - -,' _. III too ';j' )> 3,' ;::CD '''tl,:::l ..,>'~ 02.0 CD. W ,0...... -Ill .~'T1 ~ c: '::I 9: "::I ,to (ff 0' c: o~" CD ,..Ill. -0 .2. ro g, z OJ 3 ro I~-~----------~-- I ,'Attachment C-3(b) 'Useof'Financirig - All, Funding Sources Agency Name Project Name Project Cost Amount COBGlHOME Funds Other Source of Funds PERSONNEL Managers Staff SUBTOTAL SUPPLlES/EQUIPMENT Office Supplies Equipment SUBTOTAL 'ADMINISTRATION Advertising Audit Insurance/Bonds Postage/Printing Rent/Utilities Communication Training/Travel Transportation SUBTOTAL ACQUISITION COSTS Acquisition SUBTOTAL DEVELOPMENT SOFT COSTS Appraisal Design and A & E Processing/Settlement and Financing Marketing Operating Reserve SUBTOTAL DEVELOPMENT HARD COSTS Clearance/Demolition Construction Rehabilitation Improvements SUBTOTAL OTHER COSTS Relocation Operating/Maintenance expenses SUBTOTAL TOTAL' PROJECT COST . . "'If your agency has an admInistratIve overhead rate pre-approved, please attach documentation. ;Attacl1mel:!t <:>5., . Agency.CDBG/HOME History,j=orm. Agency Name Project Name Provide a history of your agency's management of CDBG and/or HOME Projects since 2001. . Year Project 0611ar", : . Fu';~s . '.' 'COBelo: HOME ,; . City.or County.:. . Amount '. Expended .hy ,. Fu~ds , .12/31/05' , CDBG 0 COUNTY 0 HOME 0 CITY 0 CDSG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 CDSG 0 COUNTY 0 HOME 0 CITY 0 CDSG 0 COUNTY 0 HOME 0 CITY 0 CDSG 0 COUNTY 0 HOME 0 CITY 0 CDSG 0 COUNTY 0 HOME 0 CITY 0 , , What is the agency's insurance program for general liability/officers and board/volunteers, etc.? Does the agency have any threatened or pending litigation? No Yes (if yes, attach explanation) Does the agency have any audit or IRS problems? No Yes (if yes, attach explanation) Authorized Signature Date 1----- ------~-----~- I I I I I ! i I I i I I I I i Agency Name: Project Name ATTACHMENT C-? Salary Summary Planning Projects Description 2007 Projected Budget Number of professional FTEs Number of clerical FTEs Number of all other FTEs Salary Information Salary of Director Salaries of Professional Staff Salaries of Clerical Staff Other Salaries Description Description Description Description Totals Total Payroll Cost (including payroll taxes) Total Cost of Benefits Total Cost of Retirement Total Salary and Fringe Costs 2007 Community Development Block Grant HOUSING PROJECTS APPLICATION Use this application for projects which involve the acquisition, rehabilitation, and/or construction of real property for residential use. L r---~--~ I I I I I <mSG,HOUSING :APPLICATION ~p,plicatibnContents IChecklist iD] 1~~t~~i 2007 CDBG FUNDING APPLICATION FORM 2007 COSG Funding Application Form Check the appropriate box to Identify the type of funds for which you are applying: o Public Service 0 Planning 0 Housing 0 Capital Improvement Response to Rating Factors CDBG Fund Request $ Attachments Project Title Attachment A (Organizational Capacity) (If this project has been previously funded, please use the same Iftle) Project Description Funds will be used to (25 words or less wffh specific numbers/goals): **A-1 A-2 A-3 A-4 A Board Profile, attach the names and addresses of Board Members An organizational chart showing all staff, board members and volunteer positions Organizational Data (i.e. 501 (c)(3) , public charter...) Non-Discrimination Policies Project Location (physical address) Attachment B (Organizational Financial Management) Geographic Service Area Census Tract(s) B-1 Most recent monthly financial statement including year-to-date information B-2 Most recent Financial Audit or Financial Statement prepared by a CPA, including findings. If your audit exceeds 50 pages, please include an executive summary and one copy of the full audit. B-3 A statement of experience including operating statements and lender references and record of performance, qualifications, capacity to carry out the project described in this application, and capacity to manage grants. 8-4 IRS 990 (for non-profits) B-5 Secretary of State CHO-1 Form (for non-profits) 8-6 Secretary of State Non-Profit Corporate Annual Report (for non-profits) Number of Unduplicated People Directly Benefiting from this Project Applicant Name Mailing Address Agency Director Name e-mail address Telephone # Attachment D (Project Feasibility) "0-1 (a) Sources of Financing "0-1 (b) Uses of Financing 0-2 Commitment letters from other funding sources for this project 0-3 Management Plan "0-4 National Objective and Eligibility Determination 0-5 Operating Pro Forma 0-6 Plans and Specs for the Project 0-7 Relocation Plan, if appropriate 0-8 Mission Statement "0-9 Agency CDBG/HOME History Form "0-10 Salary Summary 0-11 Annual Report. If your report exceeds 50 pages, please include a summary and one copy of the full report. Staff Contact Name and Title e-mail address Telephone and Fax # Federal Tax I.D. # Type of Organization: Public Agency Private Nonprofit Other (Specify) Are you a Certified Housing Development Organization (CHDO) or Certified Community Based Development Organization (CBDO)? 0 Yes 0 No If not, are you planning on becoming a Certified CHDO or CBDO? 0 Yes 0 No **Form provided within packet Authorized Signature Date I I I I I I I I I I I I I I I I I 1 I 1 I I L 2007 Housing Application Response to Rating Factors Your project will be rated on the rating criteria as given in Part II of the Policy Plan. Review the factors carefully and identify below how your project relates to the criteria. It is unlikely that any application will address all of the criteria. Indicate by N/A if the criterion is not applicable to your application. Limit your response to a maximum of 4 pages. Briefly describe yourproject: (3 to 4 sentences) 1. Is the project you are proposing identified/prioritized in a community or agency plan? If so, explain how, identify the plan, and provide sufficient information to address rating criteria number 1. 2. Question 2 has three sections d. Describe how you determined that the project is the most appropriate method to address the need. Describe the impact the project will have on the problem or condition the project is addressing. e. Provide a schedule for completion of the project including specific milestones to be accomplished. Describe any potential obstacles in completing the project. f. Describe how you determined costs. What is the status of any other funds needed to complete the project. Clarify the information on the budget form if necessary. 3. Does your project promote homeownership either through rehabilitation or homebuyer assistance programs? Explain. 4. Does your project leverage private funds or other public funds? How much will the CDBG funds leverage? Attach documentation if available. 5. Describe the impact the project will have on the lives of the people using the services/facility in relation to the cost of the service/facility. 6. Does your project provide grants or loans? What are the terms? 7. Do you require that units are brought to federal housing quality standards (HQS)? If so how do you determine that they are brought to HQS. 8. Does your housing program have adopted post assistance maintenance requirements? Attach a copy of the requirements if it does. 9. Describe how the project addresses a problem that results in health and safety hazards for low and very low income persons W ...J u: o 0: D- C '0: ,....<( '0' <(m I-C ffiz "::ii!! <( J:LL ()LL <(<( I=~ <(>. () z w C) <( l!J ::; a ~ S a -.J c:: .~ a- :~ to (.}.... .... ~ .~ Q. d5 l!J ::; ~ I- (.) l!J a [ '1:,i<Q,) ~.~ 'a3~ ~c:: "'1:1 .~ CI). ~~ <::"'. lJ.. ::; lJ.. ::; lJ.. ::; lJ.. ::; lJ.. ::; lJ.. ::; f:3 6:: a <.'J f:! C5 V) ~ <: ~ ~ ~ Q ~ ~ :;; ~ ~ '3 ~ Cl .2; Lu a:: (.) :0 (} tE CIJ a if . ' ",,' '. ;' ", ~ Ul ~ ~ G 1::: ~ ~ ~ ~ " 00: ~ if~ I. I, . ' ," ' '3 ~ o Cii V) tl: o if ll.J C? ~ 0: a ," . ,I.,' , -' G ffi d t;: ~ ~ ~ I-- <: ~ '" is n i!! a 'is "E <U o <n c: o c: o ~ c: Q) '" ~ a. ~ .'!! <U EO ,l!! ~ c:: o so EO Q) '" <U ~ " so .2 "0 Q) :g g. ~ o c:: Q) "'" <'l -,2 " , . ~ 1ij fi '" .::: o c:: 2 <'l c: Q) ~ " .g ~ Q) <U 2 ~,,2 s: ~ ffi ct ~ 2: a 1:' Q) c: ~ Q) a. Q) oS s: c; ~ Q) Q) 1:' .2 g .E:j <1J Cl .~..<" 11 :E ~i< '?6~' 9:::c:: c:: <1J .~ U)' "'- .'" c: "fij '~.~ "'1: '" . C lJ.. ,]1."5: ,~ ~~ ::; , '" _:t lJ.. ~s ~Q Jj ::; ~ ~ >- (.) di <.'J '" " , , .'," " ll.J " S 0: IJj ffi ~ ~ ~ c: .~ 2: '" '0 .5!> i::: "t) c:: <1J 1':> .2 <1J c:: .Ql Ul I-----~----------- -- . Attachment D-1 (a) -Sol,lrC~SClf _FfQahcing ~ All Project Funding Sources Agency Name Project Name Source (Name) Committed Conditional Tentative Federal: - $ - $ - $- - $ - $ - $- State: $ $ $- - - - $ - $ - $ - - Local: $ - $ - $ - - $ - $ - $ - - Applicant: $ - $ - $ - - $ - $ - $ - - Private: $ - $ - $ - - $ - $ - $ - - In-kind: $ - $ - $ - - $ - $- $ - - Subtotals: $ $ $ TOTAL ALL FUNDING SOURCES $- i I I L_____ Attachment:D-l(b) Use of Financing - AIIFUn.ding!Sourc~s Agency Name Project Name Project Cost Amount CDBGlHOME Funds Other Source of Funds PERSONNEL Managers Staff SUBTOTAL SUPPLIES/EQUIPMENT Office Supplies Equipment SUBTOTAL "ADMINISTRATION Advertising Audit Insurance/Bonds Postage/Printing RenVUtilities Communication Trainingrrravel Transportation SUBTOTAL ACQUISITION COSTS Acquisition SUBTOTAL DEVELOPMENTAL SOFT COSTS Appraisal Design and A & E Processing/Settlement and Financing Marketing Operating Reserve SUBTOTAL DEVELOPMENTAL HARD COSTS ClearancelDemolition Construction Rehabilitation Improvements SUBTOTAL OTHER COSTS Relocation Operating/Maintenance expenses SUBTOTAL TOTAL PROJECT COST *If your agency has an administrative overhead rate pre-approved, please attach documentation. L I~ i I I I I I I I I I I I I I I I ! i I . ATTACHMENT D-4 National'Objective and Eligibility Determination Attachment D~9 AgencyCDBG/HOME Hi~tory Form. Agency Name Project Name Agency Name Project Name Indicate the national objective your project meets. Attach the documentation specified for the national obiective (refer to PART III of this manual). o Principally benefit low and very low income o Area Benefit o Limited Clientele o At least 51% of beneficiaries are low or very low income persons/households (identify a, b, c, or d below; documentation will be determined by the letter selected) (a)O Presumed Benefit (b)O Agency Requires Client Information (c)O Income Eligibility Requirement (Direct Benefit) (d)O Nature/location o Removal of Architectural Barriers o Assistance to Owners of Microenterprises o Employment Support Services o Housing Activities (Residential) o Job Creation or Retention - Economic Development o Reduce or eliminate Slum or Blight Provide a history of your agency's management of CDBG and/or HOME Projects since 2001. Part /11 provides additional information concerning efigibility Year Project Dollar Funds CDBG or,HOME City or County Amount . Expended j Funas by 12/31/05 , CDBG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 CDBG 0 COUNTY 0 HOME 0 CITY 0 . CDBG requirements. Identify how you think your project is eligible according to requirements. o Acquisition of real property o Acquisition, construction reconstruction or installation of public works facilities o Code enforcement o Clearance, demolition, removal, and rehabilitation of buildings and improvements o Removal of material and architectural barriers which restrict the mobility and accessibility o Public/human service o Planning activities o Assistance to Community Based Development Organizations (CBDO) o Economic development project o Housing services o Assistance to facilitate economic development o Assistance to expand homeownership o Lead based paint hazard evaluation and reduction What is the agency's insurance program for general liability/officers and board/volunteers, etc.? Does the agency have any threatened or pending litigation? No Yes (if yes, attach explanation) Does the agency have any audit or IRS problems? No Yes (if yes, attach explanation) Authorized Signature Date r~~~-~~-~-~~-----~-----~--~ I I I I I I I I I I I I I I I I I I I I I i I I I I I ! I I I l ,AttachmeritD-1 0- SOl.lrcesofiFinanciiig - All Project Furading Sources Agency Name Project Name Description 2007 Projected Budget Number of professional FTEs Number of clerical FTEs Number of all other FTEs Salary~lnformation Salary of Director Salaries of Professional Staff Salaries of Clerical Staff Other Salaries Description Description Description Description Totals Total Payroll Cost (including payroll taxes) Total Cost of Benefits Total Cost of Retirement Total Salary and Fringe Costs 2007 Community Development Block Grant CAPITAL PROJECTS APPLICATION Use this application for projects which involve public facilities or the acquisition, rehabilitation, and/or construction of real property. I--~--------- I I I I I I I I I I "COBGCAPITAL APPLICATION ,Application Contents! Checklist rID \"',f~~~J 2007 CDBG FUNDING APPLICATION FORM 2007 COBG Funding Application Form Check the appropriate box to Identify the type of funds for which you are applying: D Public Service D Planning 0 Housing D Capital Improvement Response to Rating Factors CDBG Fund Request $ Attachments HE-1a HE-1b E-2 E-3 **E-4 *'E-5 E-6 E-7 E-8 E-9 E-10 E-11 HE-12 HE-13 E-14 Project Title Attachment A (Organizational Capacity) (If this project has been previously funded, please use the same title) Project Description Funds will be used to (25 words or less with specific numbers/goals): HA-1 A-2 A-3 A-4 A Board Profile, attach the names and addresses of Board Members An organizational chart showing all staff, board members and volunteer positions Organizational Data (i.e. 501 (c)(3), bylaws, public charter or business license #) Non-Discrimination Policies Attachment B (Organizational Financial Management) Project Location (physical address) B-1 B-2 Geographic Service Area Census Tract(s) Most recent monthly financial statement including year-to-date information Most recent Financial Audit or Financial Statement prepared by a CPA including findings. If your audit exceeds 50 pages, please include an executive summary and one copy of the full audit. A statement of experience including operating statements and lender references and record of performance, staff qualifications, and capacity to carry out the project described in this application. IRS 990 (for non-profits) Secretary of State CHO-1 Form (for non-profits), also known as the Charitable Solicitations Renewal Form. Secretary of State Non-Profit Corporate Annual Report. Number of Unduplicated People Directly Benefiting from this Project B-3 Applicant Name B-4 B-5 Mailing Address B-6 Agency Director Attachment E (Project Feasibility) Name e-mail address Telephone # Sources of Financing Use of Financing Commitment letters from other funding sources for this project Management Plan National Objective and Eligibility Determination Preliminary Environmental Review Checklist Purchase and Sale Agreement, if applicable Operating Pro Forma Plans and Specs for the Project Relocation Plan, if appropriate Neighborhood Notification Plan, if appropriate Mission Statement Agency CDBG/HOME History Form Salary Summary Annual Report (if your report exceeds 50 pages, please include five summaries and one copy of the full report) **Form provided within packet Staff Co ntact Name and Title e-mail address Telephone and Fax # ! i I I I I I I I I I l__________ Federal Tax 1.0. # Type of Organization: Public Agency Private Nonprofit Other (Specify) Are you a Certified Housing Development Organization (CHDO) or Certified Community Based Development Organization (CBDO)? 0 Yes 0 No If not, are you planning on becoming a Certified CHDO or CBDO? 0 Yes 0 No Authorized Signature Date I'~__U__ I I I I I I I I I . .CAPIT AL .APPLlCATION .Response to Rating Factors Your project will be rated on the rating criteria as given in Part II of the Policy Plan. Review the factors carefully and identify below how your project relates to the criteria. It is unlikely that any application will address all of the criteria. Indicate by N/A if any criterion is not applicable to your application. Limit your response to a maximum of 4 pages. Briefly describe your project (3 to 4 sentences). 1. Is the project you are proposing identified / prioritized in a community or agency plan? If so, explain how, identify the plan, and provide sufficient supporting information. ,w .-I ii: o a: c.. o a: ,..... <C <i;O ....m z.O wZ ::l!:<C J:'LL uLL <c<C I=~ <C:>- u '.z w; C). <C 2. Question 2 has three sections: a. Describe how you determined that the project is the most appropriate method to address the need. Describe the impact the project will have on the problem or condition the project is addressing. b. Provide a schedule for completion of the project including specific milestones to be accomplished. Describe any potential obstacies in completing the project. c. Describe how you determined costs. What is the status of any other funds needed to complete the project. Clarify the information on the budget form if necessary. 3. Does the project address slum and blighting conditions in an area meeting the definition of a sium and blight area under state or local law? Attach documentation. 4. Will your program require additional maintenance funding after initial assistance from CDBG? Attach a copy of the requirements if it does. 5. Describe the impact the project will have on the lives of the people using the services/facility in relation to the cost of the service/facility. 6. Describe how the project addresses a problem resulting in health and safety hazards for low and very low income persons. 7. Does your project leverage private funds or other public funds? How much will the CDBG funds leverage? Attach documentation if available. I l~__,_, ~ ~ i- 1cl C3 [ ~ l!.. 0 II ~ :;: ~ 0 -J c: " l!.. .~ C3" .~ <0 ll~ .Q~ ~ ~- 'C:' rJ.~ l!.. ,'~~ '" 00:C: ..~;~ ~ \1li~ <=,00: ~~ l!.. c: <1l sr.... ~ :i: ~.~ l!.. '0 ~ ~~ c: <1l .~ (j) ~ "'-,. 00:' 'c: l!.. c: <1l .~--g ~'CJ.) 00:"". ~ 00: , . ,,Co l!.. I"" .~ .' .,..,'" ~'g ,; " .' ~~ .. .. , , .. ~. ..... .' , . .. -- .,' .. " '" l!.. " _OJ ~.2' ~I:l. GJ ~ ~ ~ ffj " ~ '" ~ ~ '" ~ 0 1'5 i- Ci: Cl 1:; t;: <: 0 00: ~ ~ CI) [fj ffi ~ a ~ ~ C? OJ ~ 0 i:3 G 0: f.': u. ~ 1:; ~ f: ~ II "' UJ 0 Ef ::: ~ :! OJ ~ ~~ ~ ~ " <3 " tJ: ....0: C? S 5 it 6 tE 0 " ~~ ll: ~ it '" i': QJ 0 Ef !:: a:: C5 CI) s: 0 ~ ~ >- II tIi ~ 00: ,; 12 .J2 "' ~ ~ c: <1l E " I:l. " oS " ~ o ~ " ~ c: ~ ~. .E " ~ !2 o 1? '" o c:n c: o c: o N 1i3 '" ~ Q ~ .!!! '" E .!!! ~ " o c: E " '" <1l ~ " " .E '0 " rJ 8- ~ o c: .2? .!!! is t <1l ~ jij E :EO .::: o c: o '" .!!! c: " E " " .g ~ <1l ~ S e Q ~ <1l Q '" <1l .0 8: 00: ~ o ~ i::: "0 c: <1l ~ <1l c: .!2> CI) 1--------------- I . Attachment E-1(a) _ ~Sources.ofFinancing- All Project Funding Sources Attachm~ntE-J(I:j), , Use ,of Financing - AI,' 'Funding Sources Agency Name Project Name Agency Name Project Name Source (Name) Committed Conditional Tentative Federal: - $ - $ - $ - - $ - $ - $ - State: $- $ $ - - - $ - $ - $ - - Local: - $- $- $- - $- $- $ - Applicant: - $- $ - $- - $- $ - $- Private: - $- $- $ - - $ - $- $ - In-kind: - $ - $- $ - - $ - $ - $ - Subtotals: $ $ $ TOTAL ALL FUNDING SOURCES $- Project Cost Amount CDBGIHOME Funds Other Source 01 Funds PERSONNEL Managers Staff SUBTOTAL SUPPLIES/EQUIPMENT Office Supplies Equipment SUBTOTAL 'ADMINISTRATION Advertising Audit Insurance/Bonds Postage/Printing RenVUtilities Communication TraininglTravel Transportation SUBTOTAL ACQUISITION COSTS Acquisition SUBTOTAL DEVELOPMENT SOFT COSTS Appraisal Design and A & E Processing/Settlement and Financing Marketing Operating Reserve SUBTOTAL DEVELOPMENT HARD COSTS Clearance/Demolition Construction Rehabilitation Improvements SUBTOTAL OTHER COSTS Relocation Operating/Maintenance expenses SUBTOTAL TOTAL PROJECT COST , . - If your agency has an administrative overhead rate pre.approved, please attach documentatIon. A~T ACHMENTE-4 'National:Objective and' Eligibility Det!!rmination ;o.tlactlllient E~5, . .... .' CDBG'.C.apital Projects. .'... .' Pre1i lTli nary, Emlirorimental' Review:QuestI on n~ i re Agency Name Project Name Indicate the national objective your project meets, Attach the documentation specified for the national obiective (refer to PART V of this manual). At the site under consideration for the project, please make an observation for each of the seven Compliance Factors listed below. Enter a "Y" for Yes or "N" for No in the space for the given condition. Fill in the blank with the appropriate answer for all other questions, o o o Principally benefit low and very low income Area Benefit (Part V pages 1 and 2) Limited Clientele o At least 51% of beneficiaries are low or very low income persons/households (identify a, b, c, or d below; documentation will be determined by the letter selected) (a)O (b)O (c)O Project Name and Address: 4) Presumed Benefit (Part V page 1) Agency Requires Client Information (Part V page 3) Income Eligibility Requirement (Direct Benefit)(Part V pages 3 & (d)O Nature/location (Part V page 4) o Removal of Architectural Barriers (Part V page 4) o Assistance to Owners of Microenterprises (Part V page 4) o Employment Support Services (Part V page 4 & 5) o Housing Activities (Residential) (Part V page 5) o Job Creation or Retention - Economic Development (Part V page 5) o Reduce or eliminate Slum or Blight (Part V page 5) ENVIRONMENTAL COMPLfANCE FACTORS 1.) HISTORIC PRESERVATION Does the project involve a building greater than 50 years old? If yes, does the project involve rehabilitation of some sort? Are you aware of any historically significant events that have taken place at the site? Note: If the structure is greater than 50 years old and rehabilitation is proposed, the State Historic Preservation Officer (SHPO) must be contacted (as well as any local historic office). If the property is on the National Register of Historic Places (NRHP), eligible for listing, located in a Historic District, or adjacent to a NHRP, additional action may be required. · Identify how you think your project is eligible according to CDBG requirements. P.artypages 6 through 10 provides additional information concerning eligibility requirements. o Acquisition of real property o Acquisition, construction reconstruction or installation of public works facilities o Code enforcement o Clearance, demolition, removal, and rehabilitation of buildings and improvements o Removal of material and architectural barriers which restrict the mobility and accessibility o Public/human service o Planning activities o Assistance to Community Based Development Organizations (CBDO) o Economic development project o Housing services o Assistance to facilitate economic development o Assistance to expand homeownership o Lead based paint hazard evaluation and reduction 2.) FLOODPLAIN MANAGEMENT Is the property where the proposed project is located in a Coastal High Hazard Area, flood way or have a finished floor below the 100 year flood plain? Does the project propose the development of impervious surfaces (roof or concrete)? If yes, approximately how many square feet of impervious surface will be developed? Note: Property in a flood plain will require flood insurance, If you need help making this determination, you may contact the City of Bremerton, Community Development Office at (360) 473-5211 for information regarding the Floodplain areas of Bremerton. I--~-~~-~~-~~-~-~~-~-- I I I I I I i I I I I I I I I I I I I I I I 3.) COASTAL ZONE MANAGEMENT Is the proposed project site within 200 ft. of the Ordinary High Water Mark? Does the proposed site have high pressure gas lines or overhead transmission lines present within 200 square feet? B.) Hazardous Waste . Will the proposed project be located on fill land? If yes, what materials were used for the fill? Is the project area on or near a site suspected of posing a potential environmental hazard such as a dump, land fill, or industrial location containing hazardous wastes? "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. 9.) LAND USE HISTORY . What, if any, prior uses existed on the property? Does the site or the adjacent areas of the proposed project have the appearance of a swamp, marsh, or slough? Does the project appear to be wet (standing water) at any time of the year? I UNDERSTAND THAT UPON SUBMITTAL OF THIS APPLICATION, NO FURTHER FUNDS, OF ANY KIND, CAN BE SPENT ON THIS PROJECT UNTIL A HUD APPROVED ENVIRONMENTAL REVIEW IS COMPLETE. FUNDS BEfNG SPENT ON THE PROJECT AFTER APPLICATION SUBMITTAL COULD JEOPARDIZE THE ELIGIBILITY OF THE PROJECT FOR HUD FUNDS. 4.) WETLANDS PROTECTION Note: A "Yes" response to any of these questions may be an indicator that some form of mitigation could be required for the project. 5.) NOISE Is the proposed project site within 1,000 feet of a Highway (usually a four lane road) or within 3,000 feet of a Railroad? Signature of Agency Director 6.) ENDANGERED SPECIES Is the proposed project site a habitat area for any endangered species? Name (PRINTED) 7.) AIR Date Do you know if the proposed project site has any asbestos located on the property? 8.) HAZARDS A.) Explosive or Flammable Tanks Does the site for the proposed project have any visible storage tanks for a flammable substance with in a quarter (1/4) of a mile? Is the proposed site within a quarter (1/4) of a mile from a loading terminal for a flammable substance? ~ I-------------'-'-~--- I I I I I I I I I i I I I i I I i I I I I I I I I I I I I I I I I I I I I I I ---~-----~-~- 'Attachme.nt E-12 ~g~ncy CDBGlHOME .History Forn;t ATTACHMEN:T E~13. . 'Salary, Summary.Capital Prbjects' Agency Name Project Name Agency Name Project Name :.Ye'ar: I '. , p '. .. I."'" rOJect' , . ..... '.' 'Donar:' Funds '. .'. ,Amount.: Expended . by..12131/06: CDBGorHOME. City or County' Funds COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 COBG 0 COUNTY 0 HOME 0 CITY 0 , I Description 200TProjected Budget Number of professional FTEs Number of clerical FTEs Number of all other FTEs Salary Information .' Salary of Director Salaries of Professional Staff Salaries of Clerical Staff Other Salaries Description Description Description Description Totals Total Payroll Cost (including payroll taxes) Total Cost of Benefits Total Cost of Retirement Total Salary and Fringe Costs Provide a history of your agency's management of CDBG and/or HOME Projects since 2001. What is the agency's insurance program for general liability/officers and board/volunteers, etc.? Does the agency have any threatened or pending litigation? No Ves (if yes, attach explanation) Does the agency have any audit or IRS problems? No Ves (if yes, attach explanation) Authorized Signature Date