HomeMy WebLinkAbout04/15/2009 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 983370 Phone (360) 473-5280
*** AMENDED***
APRIL 15, 2009
CITY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General CounCil Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. ANNOUNCEMENTS & PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register (#AB09-072)
B. Minutes of Meeting - April 1, 2009 (#AB09-073)
C. Minutes of Study Session - April 8,2009 (#AB09-074)
D. Purchase of Trailer-Mounted Generator for Water Utility Emergency Power Needs (#AB09-
075)
E. Resolution No. 3080 establishing May 20, 2009 as a hearing date to vacate roadways
within Bay Vista (formerly known as Westpark) (#AB09-076)
F. Approval of 2009 KPS Rates & Underwriting Criteria (#AB09-077)
G. Office of Public Defense $15,000 Grant Acceptance (#AB09-078)
H. Professional Services Contract with ROVANG FONG & ASSOCIATES for Legal Representation
for Indigent Persons (#AB09-079)
I. Interlocal Agreement with Kitsap County for Court Security Services (#AB09-080)
J. Voluntary Separation Request for Fire Captain Jeff Childs (AB09-081)
K. Resolution No. 3081 establishing an Identity Theft Prevention Program (#AB09-082)
L. Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police
Officers Guild (BPOG) (#AB09-083)
6. GENERAL BUSINESS
A. Resolution No. 3082 accepting the SYLVAN PRODUCTS, INC. annexation request, and
authorizing submittal of a 75% Petition for annexation (#AB09-085)
"
B. Resolution No. 3083 accepting the PAIJE & PALMER PROPERTIES LLC and ALPINE
EVERGREEN CO. INC. annexation requests, and authorizing submittal of a 75% Petition for
annexation (#AB09-086)
Continued on back...
flAmericans 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.
::'.
7. PUBLIC HEARING
A. Recovery Act 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Application
(#AB09-084 )
B. Public Hearing, and Resolution No. 3084 adopting the 2010 CDBG/HOME Policy Plan
(#AB09-087)
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.
COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMITIED: 4/15/2009
BILL # 09-072
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SA
............................................................................................
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: April 15, 2009
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
Claims & Check Register
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
A TTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~d~C~~4
CONSENT AGENDA IZ]
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
1) Check #'s 330923 through 331196 and EFT's 8662 through 8705 in the amount of$2,021,848.39.
2) Regular Payroll for the pay period ending March 31,2009 in the amount of $809,409.69.
3) Regular Payroll Payout for the pay period ending March 31,2009 in the amount of$21,935.48.
COUNCIL ACTION: IZ] Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED:
BILL # O~ - 073
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
........................................................................................
N/A
APril 15', ;2.00'1
City Council
Cecil McConnell
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held A-pn I I, 2-.00 Cf
SUBJECT: City Council Meeting Minutes
for meeting of
Pr f(" II, ;LOOC(
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
ATTACHMENTS: Meeting Minutes for A-pd l I, 200 cr .
FISCAL IMPACTS (Include Budgeted Amount): NI A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
NIA
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~:1;;7~~)
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 1 , 2009
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
April 1 , 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6t11 Street, Bremerton, Washington, with Council President Cecil McConnell
presiding. Council Members present were Nick Wofford, Carol Arends, Mike Shepherd, Roy
Runyon, and Adam Brockus. Council Members absent were Brad Gehring, Dianne Robinson, and
Will Maupin. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and
Legislative Assistant Lori Smith.
A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting
moved to the First Floor Meeting Chambers.
The Pledge of Allegiance was led by Council Member Adam Brockus followed by the invocation
provided by Pastor Eric Roberts of New Life Assembly.
MAYOR'S REPORT - There was no Mayor's Report tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
David Overton, property owner within "SKIA", thanked the City for all their efforts in making
annexation possible, and looked forward to being a part of Bremerton.
Adam Brockus reminded the public that a Mother's Day Event hosted by the Manette Business
Association would be held on Saturday, May 2nd from 1 :00 to 4:00 PM.
Roy Runyon announced that there will be a Kiwanis Park Volunteer Workday on Saturday, April 4
from 8:00 AM to 3:00 PM. For more information, please contact Bev Luckey Short at (360) 337-
0842 or mmitww@yahoo.com.
Mike Shepherd mentioned the upcoming Earth Day events including a Sinclair Inlet Clean-Up on
Saturday, April 25th beginning at 10:00 AM by the boardwalk; a design charette for the shoreline
pedestrian path on April 24 & 25 involving the National Parks Service, Suquamish Tribe, and the
City of Bremerton; a public meeting at 8:00 PM on April 25th regarding the shoreline pedestrian
path from Charleston to Gorst; and that he would be representing the City on a trip to Kure, Japan
in honor of the 40th anniversary of the Sister City Program.
Katrina Folkerson from the Kitsap Family YMCA provided an update on all of the events and
activities taking place at the "Y" this month. Elementary Tee-Ball team registration will begin on
April 13 for children in Kindergarten through 4th Grade and practices will be held on Mondays and
Wednesdays at West Hills Elementary School. Healthy Kids Day will be on April 11 from 1 :00 to
3:00 PM and will include exercises and healthy snacks.
Vern LaPrath expressed his concern about the proposed increase in car tabs and believes the
City instead needs to be more fiscally responsible. President McConnell explained that no action
has yet been taken and the issue has been deferred until June.
CONSENT AGENDA.
A. Check Numbers 330678 through 330677; and EFT-8621 through EFT-8661 in the amount of
$2,481,469.49; Regular Payroll in the amount of $729,417.77 for the pay period ending March
15, 2009; and Retiree Payroll in the amount of $88,852.12 for the pay period ending March 31,
2009 (#AB09-065)
B. Minutes of Meeting - March 18, 2009 (#AB09-066)
C. Minutes of Study Session - March 25, 2009 (#AB09-067)
City Council Reg. Mtg. Minutes
Wednesday, April 1 , 2009
Page 2 of 4
D. Reappointment of John Cockburn to the Planning Commission (#AB09-068)
There were no questions or comm~nts from the public. . .
5:47:25 M/S/C/U (Arends/Brockus) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
Finance Director Andv Parks provided a PowerPoint@ presentation on the "Plan to Address the
City'S Projected Financial Shortfall- Dated AfJril1, 2009", which will address all three General
Business items scheduled tonight for Council action...
6A - AUTHORIZING THE MAYOR TO SUBMIT A COPS HIRING RECOVERY PROGRAM
(CHRP) GRANT APPLICATION (#AB09-069): Finance Director Andv Parks explained that the
COPS Hiring Program 2009 grant award allows the Police Department and City to create and
preserve jobs and increase their community policing capacity and crime prevention efforts. There
is no local match required in year on and grant funding is based on current entry-level salary and
benefits packages. The City requests permission to apply for $900,000 to provide funding to
maintain four police officer positions. The City is expected to fully provide funding for the
additional costs associated with increases in salary and benefits after year one and fund the
positions for one year at the completion of the grant period in 2012.
There were no questions or comments from the public. . .
5:55:00 Motion was made and discussion by Council Members continued...
Mrs. Arends believed that there are questions that have not been answered therefore she could
not support the item tonight; and questioned if there was another COPS Grant that the City
previously applied for and still has not used. Mr. Parks answered there was a $245,000 grant that
the City will eventually receive and be used as an off-set for 2009. The COPS grant tonight if
approved, would be utilized in 2010.
Mr. Shepherd asked for clarification on the hiring component of the grant. Mr. Parks responded
that the grant would allow the City to retain their officers for the current service level for three more
years or hire new officers; and added that the City would not be considering police officer layoffs
assuming funding is acquired.
Mr. Runvon stated that he supports the "authorization" for the City to "apply" for this grant
because he wants to see the current level of officers maintained.
Mr. Wofford stated that per Chief Rogers, the Police Department has vacancies and he hoped
that this grant would allow the positions to be filled.
Mr. McConnell was concerned about the approximate $400,000 that would be required by the City
in year four; believed that the intent of the grant would be to maintain service by filling vacancies
and hiring officers who would be part of the reduction in force, and since the city has not indicated
that would happen, he did not think the city would qualify for the funding. Mr. Parks explained that
without additional funding, the plan will be to reduce the Department by two officers.
6:09:35 M/S/C (Brockus/Runyon) Move to authorize the Mayor to execute and submit a 2009
COPS Hiring Recovery Program (CHRP) Grant.
\
Voted in favor of Motion: Runyon, Shepherd, Wofford, Brockus
Voted opposed to Motion: Arends, McConnell
Motion carried: 4-Yes; 2-No
City Council Reg. Mtg. Minutes
Wednesday, April 1, 2009
Page 3 of 4
6B - ORDINANCE NO. 5078, AMENDING CHAPTER 3.50 OF THE BREMERTON MUNICIPAL
CODE (RELATING TO UTILITY TAXES FOR WATER, WASTEWATER, AND STORMWATER
UTILITIES) TO ADD AN ADDITIONAL PAYMENT IN LIEU OF TAX FOR 2009 (#AB09-070):
Finance Director Andy Parks summarized that the proposed ordinance added an additional
payment in lieu of tax fee for 2009. The payment will generate $550,000 in additional revenue to
the General Fund for the 2009 budget year. Spending reductions through labor concessions and
other spending reductions will offset the additional payment.
There were no questions or comments from the public. ..
6:12:31 Motion was made and discussion by Council Members continued...
Mr. Shepherd understood that this was a temporary rate reduction which in turn means that more
tax will be generated without an "increase" in taxes, but he was concerned that the $500,000 will
not be replaced next year and so believed a more permanent, long-term fix should be addressed.
Mr. Runyon considered \ that this was an emergency situation, and asked if there would be a rate
increase to the citizens if the Council passed this proposed ordinance tonight. Mr. Parks
responded no. Mrs. Arends agreed with these comments, and clarified that this action was really
a "payment in lieu of taxes" and not a tax increase.
Mr. Wofford clarified that there are two separate funds that should not be confused... There is the
"utilities", which is separate Enterprise Fund which operates just like a separate business, and the
utility tax has been raised in the last couple of years basically by the cost of living. And then there
is the General Fund that the City is using savings from employee concessions by transferring the
funds from the Enterprise Fund to the General Fund to help pay for the other functions of the City.
6:25:22 M/S/C (Runyon/Wofford) Move to approve Ordinance No. 5078, amending BMC Chapter
3.50 relating to utility taxes for water, stormwater, and wastewater utilities.
Voted in favor of Motion: Arends, Wofford, Brockus, Runyon, McConnell
Voted opposed to Motion: Shepherd,
Motion carried: 5-Yes; 1-No
6C - ORDINANCE NO. 5079, AMENDING ORDINANCE NO. 5071, WHICH ADOPTED THE
FISCAL YEAR 2009 BUDGET; AND AUTHORIZE THE TRANSFER OF $1 MILLION OF .
EXCESS VEHICLE RESERVE FUNDS FROM THE EQUIPMENT RENTAL AND RESERVE
(ERR) FUND (#AB09-071 ): Finance Director Andy Parks reported that the Bremerton City
Council adopted the 2009 Annual City Budget by Ordinance No. 5071 on December 3, 2008.
Current revenue projections anticipate a shortfall in budgeted revenue. A combination of new
revenue and expenditure reductions as addressed in the plan to address the City's projected
financial shortfall, dated March 25, 2009 is proposed. He said the focus at this time is on reducing
the spending.
John Thomas expressed his concern that the City has proposed similar action in the past and
does not believe the previous requests for increases' have been paid back.
6:29:41 Motion was made and discussion by Council Members continued...
Mr. Shepherd reiterated his concern that this action was to repair a budget that he previously
recognized had problems; and does not believe that proposed deductions are clear.
6:47:18 M/S/C (Runyon/Brockus) Move to approve Ordinance No. 5079, amending Ordinance No.
5071 which adopted the Fiscal Year 2009 Budget arid to authorize the transfer of $1-million of
excess vehicle reserve funds from the Equipment Rental and Reserve (ERR) fund.
City Council Reg. Mtg. Minutes
Wednesday, April 1, 2009
Page 4 of 4
Voted in favor of Motion: Arends, Wofford, Brockus, Runyon, McConnell
Voted opposed to Motion: Shepherd
Motion carried: 5-Yes; 1-No
COUNCIL MEMBER REPORTS
Adam Brockus for the benefit of comments made earlier by Mr. LaPrath, he discussed the
purpose of 1-747 regarding property taxes; and encouraged Manette residents to comment on the
Manette Sub-Area Plan.
Roy Runyon provided contact information for the Kitsap Economic Development Alliance (KEDA)
and encouraged any small business that may be having financial trouble to contact them.
Mike Shepherd wished happy birthday to all three of his children who have a birthday this month;
Alisha (age 20), Jack (age 18), and Sean (age 24). He also encouraged reading the book
"Breakfast at Sally's... One Homeless Man's Inspirational Journey", written by Richard LeMieux
who lived homeless in Bremerton, after his ~usiness failed.
Carol Arends mentioned there were a lot of good events going on in the City right now, and
reminded everyone to be thankful for all of the groups who serve the public, especially children;
and encouraged everyone to be mindful of the many things they have to be thankful for.
Nick Wofford thanked John Cockburn for continuing to volunteer his services on the Planning
Commission, and reminded all citizens of the many volunteer opportunities that are available. He
commented that he too read "Breakfast at Sally's" and found it very interesting.
With no further business, President McConnell adjourned the Council Meeting at 6:56 PM.
~n~~
o I SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED: BILL # ~ - 074
AGENDA BILL
CITY OF BREMERTON 5"
CITY COUNCIL '-'
........................................................................................
N/A
Ap~l U <51 :Le>o '1
City Council
Cecil McConnell
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held A P('~ / g I .2..009
SUBJECT: City Council Meeting Minutes
for meeting of
/
t1f6/ g I 200cr
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
ATTACHMENTS: Meeting Minutes for A pv\1 g I 2-009
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~/;7~t/
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, April 8, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton,
Washington, Wednesday, April 8, 2009, at 5:00 PM, with Council President Cecil McConnell
presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Mike Shepherd was
absent. Legislative Assistant Lori Smith was present to provide staff support.
President McConnell announced that an Executive Session would be held prior to the Study
Session, which was closed to the public; but emphasized that the Study Session immediately
following the Executive Session was open to the public, however there would be no opportunities for
input or participation; that no action will be taken, and the content of these items is subject to change.
President McConnell then closed the meeting at 05:02 PM.
A. 10-MINUTE EXECUTIVE SESSION to discuss "Labor Negotiations" per RCW 42.30.140 (4)(b)-
Carol Conley, Human Resources Manager
President McConnell reconvened the meeting for the Study Session at 05: 12 PM.
B. NO DISCUSSION ITEMS
1. Purchase of Trailer-Mounted Generator for Water Utility Emergency Power Needs - Kathleen
Cahall, Water Resources Manager; and Brad Gehring, Public Works Committee Chair
Consent
2. Proposed resolution to establish May 20,2009 as a hearing date to vacate roadways within
Bay Vista (formerly known as Westpark) - Mike Mecham, City Engineer; and Brad Gehring,
Public Works Committee Chair Consent
3. 2009 KPS Rates & Underwriting Criteria - Carol Conley, Human Resources Manager; and
Nick Wofford, Finance Committee Chair Consent
4. Office of Public Defense $15,000 Grant Acceptance - Theresa Ewing, Municipal Court
Administrator; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Consent
5. Professional Services Contract with ROVANG FONG & ASSOCIATES for Legal Representation for
Indigent Persons - Theresa Ewing, Municipal Court Administrator; and Will Maupin, Public
Safety, Parks, & Planning Committee Chair Consent
6. Interlocal Agreement with Kitsap County for Court Security Services - Theresa Ewing,
Municipal Court Administrator; and Will Maupin, Public Safety, Parks, & Planning Committee
Chair Consent
7. Recovery Act 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Application -
Police Chief Craig Rogers; and Will Maupin, Public Safety, Parks, & Planning Committee
Chair General Business
8. Voluntary Separation Request for Fire Captain Jeff Childs - Fire Chief AI Duke; and Will
Maupin, Public Safety, Parks, & Planning Committee Chair Consent
City Council Study Session Minutes
Wednesday, April 8, 2009
Page 2 of 2
B. FULL DISCUSSION ITEMS
1. Proposed resolution adopting Identity Theft Prevention Program - Andy Parks, Finance
Director; and Nick Wofford, Finance Committee Chair Consent
2. Proposed resolution accepting the Sylvan Products, Inc. annexation request, and authorizing
submittal of a 75% Petition for annexation - Andrea Spencer, Department of Community
Development Director; and Will Maupin, Public Safety, Parks, & Planning Committee Chair
General Business
3. Proposed resolution accepting the Paije & Palmer Properties LLC and Alpine Evergreen Co.
Inc. annexation requests, and authorizing submittal of a 75% Petition for annexation - Andrea
Spencer, Department of Community Development Director; and Will Maupin, Public Safety,
Parks, & Planning Committee Chair General Business
4. Proposed public hearing and resolution to adopt the 2010 CDBG I HOME Policy Plan - Marie
Vila, CDBG I HOME Administrator; and Will Maupin, Public Safety, Parks, & Planning
Committee Chair Public Hearing
C. GENERAL COUNCIL BUSINESS
1. Council Committee Chair Reports - Briefings were provided by Nick Wofford, Chair of the
Finance Committee; Brad Gehrinq, Chair of the Public Works Committee; and Will Maupin,
Chair of the Public Safety, Parks, & Planning Committee. .
2. Other General Council Business - Community Development Director Andrea Spencer
discussed with the Council that the city is required to update our Shoreline Master Program by
2012. Currently there are efforts underway to coordinate among all the jurisdictions in Kitsap
County in this update process and the Kitsap Regional Coordinating Council (KRCC) is
discussing how they may facilitate this process. Staff is working with the other jurisdictions
and will be collaborating where feasible, however staff will be ensuring that local control of the
development regulations is maintained and not mandated by the KRCC Board. Ms. Spencer
I
will be drafting correspondence for the Mayor's signature to communicate Bremerton'.s
position to the KRCC Board.
President McConnell adjourned the Study Session at 6:56 PM.
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED: March 10, 2009
BILL # D9 - 075
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
51>
..&a.~.........8..............m.....s...a.s.~....B.m....sma.......s....a....................
SUBJECT:
Trailer-mounted Generator
For Water Utility Emergency Power Needs
Committee Meeting Date: March 10, 2009
COUNCIL MEETING Date: April 15, 2009
Department: Public Works and Utilities
Presenter: K. Cahall, Water Resources ,hJ!JI./
Manager (I""~
Phone: 473-2315
SUMMARY: Power outage caused by extreme weather such as wind and ice and other circumstances is
the most common emergency faced by the water system. The Water Resources Division has a need for a
150 kW trailer-mounted diesel generator for emergency operation of critical water supply facilities on the
east side of the Bremerton water service area. The new generator would provide the water system reliable
emergency power to continue supplying water from water sources on both sides of the bridges from the
East Bremerton area to west of Gorst. Bids were requested from three vendors and two submitted
responses.
ATTACHMENTS:
Bid Tabulation Sheet
Goods and Services Agreement
FISCAL lMPACTS (Include Budgeted Amount):
This item was budgeted in the Water Utility capital budget for $75,000. The low bid was received
from Cummins Northwest, Inc for $60,825.00.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING D
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION:
It is recommended to approve the purchase of this trailer-mounted generator through a goods and
services agreement and authorize the Mayor to finalize and execute the agreement with substantially
the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
CITY OF BREMERTON
BID TABULATION
BID TITLE: lSO k UJ T~ ~}r -WlmuJeJ ~~
DATE OPENED: idovua~ 18 1 ;(ooq
OPENED BY: i tdaI M--.A', ~
RECORDED BY:
BID
BIDDER BOND ITEM 1 ITEM 2 ITEM J ITEM 4 NET BID TAX TOTAL
REC'D 6. t.. 0/0
Cu.>>1m1JtS N LJ I TI1 c... (p 0, B~o & 0 r 902S"" 5, a30,QS- & {P,05S.ct5
PlWA'~ t- ?cwer ~~ 71, Beq , 7^1, g9q (p, ^llIO ,"IS- 81/ 3aGQ. 4~
N e.. -f)(J\Utr S YS~ NO~es. ? OilS:::, e.
SUMMARY TOTAL BID COMMENTS
/-oLi) b,-do(tr ~ {Pfi 1 OS-S . '1 S- T-I-eYVl y1I1e~ts Sp ec,(;Ca. -h 'crY} I
1/ NW rVrl_ uJlt-aAL
CITY COUNCIL PUBLIC WORKS AND UTILITIES COMMITTEE
MARCH 10,2009
WATER RESOURCES EMERGENCY GENERATOR NEED (Capital Project #4406)
Power outages caused by wind and other extreme weather is the most common emergency
faced by the water system. The windstorm in December 2006 caused loss of power at the
City's main water supply sources at McKenna Falls, Anderson Creek, and Gorst for about 17
hours while the majority of our water customers remained in power. Other parts of the country
have experienced more extensive power outages such as the east coast blackout in 2003. A
major earthquake could also ~use a multi..cJay power outage. The Water Utility plans for
power outages by storing water in reservoirs and having emergency generators at the ready.
The Water Resources Division has a need for a 150 kW trailer-mounted diesel generator for
emergency operation of critical water supply facilities on the east side of the Bremerton water
service area. We currently have a 180 kW portable diesel generator stored on the east side of
the service area at Well 14. This unit would be transferred to the west side where there are
larger power needs and noise from the running genset is not an issue at the more remote
locations.
The genset would provide the
water system reliable emergency
power to continue supplying water
from sources on both sides of the
bridges from Central Valley Road
area to sources west of the golf
course. It would have noise
attenuation since it would be used
in residential areas.
A new generator was budgeted for
2008 and a specification has been
written. Generators are no longer
available on the 2008 state bid list.
It is recommended the Water Utility
pursue the purchase of this
additional generator and carryover
the budgeted amount for capital for
purchase early in 2009.
Bids were requested and two were
received: one from Cummins for $60,825 and one from Pacific Power for $74,889. The
Cummins bid was acceptable and it is recommended we enter into a goods and services
agreement with them.
The photo above i.s an example of the type of generator proposed for purchase.
GOODS AND SERVICES AGREEMENT
TillS AGREEMENT, is entered into between the City ofBremerton, a Washington Municipal Corporation ("City"), and Cmnmins
Northwest, Inc. ("Vendor"), whose mailing address is:
811 SW Grady Way
PO Box 9811
Renton, WA 98057-3000
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the
City: A 150-kW trailer-mounted portable generator as specified in the attached specification.
2. TIME OF COMPLETION. Vendor shall cOmplete the work and provide all goods, materials and services within 30 calendar days
from the date all parties have signed this Agreement.
3. COMPENSATION. The City shall pay the Vendor the total amount of $66,055.95 including applicable Washington State Sales
T ax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to
the following schedule:
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or
unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the
City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the Cityfor any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to
deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due
the Vendor.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an indepen4ent contractor and not as an
employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state
disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agen.ts, employees
and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services,
including all required licenses for Contractor's officers, agents, employees and sub-contractors.
5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or
more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion
of this Agreement.
B. The Vendor's failure to complete this Agreement within the time specified in this Agreement.
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 1
C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor.
D. The Vendor's failure to complete with federal, state or local laws, rules or regulations.
E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until
the goods, materials and services required by this Agreement are completed and fully performed.
6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the
performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written
change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate.
The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City
before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its
right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the
equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided
below:
A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the
Vendor shall:
1. hnmediately give. a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the
following information:
a. The date of the Vendor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting
a schedule change or disruption.
3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City
shall have access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest
is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid
protest.
B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods,
materials and services required by the City under this Agreement.
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 2
C. Vendor's Acceptance of Changes. The Ve.ndor accepts all requirements of a change order by: (l) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as
provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect
and consequential costs, including costs of delays related to any work, either covered or affected by the change.
D. Failure'to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional
entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and
detennination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely
waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of
the occurrence of the events giving rise to the claims. Any claimlor daniages, additional payment for any reason, or extension of time, whether
under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in
strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set
forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts
giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth r~gardingprotests in Section 7(A)(2)( a)-
(e).
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME AllOWED SHAlL BE
AN ABSOLUTE WAIVER OF ANy CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT
CLAIM OR CAUSED BY THAT DELAY.
Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days
from the date the contract work is complete.
8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's
acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date
such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete
the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
9. INDEMNIFICATION. Vendor shall defend, indemnifY and hold the City, its officer, officials, employees, agents and volunteers
harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection
with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 3
indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event ofliability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and
the City, its officers, officials, employees, agents and vohlllteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS JNDEMNIFICATION CONSTITUTES THE
CONSUL TANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEL YFOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to
persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents,
representatives, employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing:
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 occwrence basis with limits no less than $1,000,000 combined single
linnt per OCCUlTence and $2,000,000 aggregate for personal injury, bodily injwy and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed operationslhroad form property damage; and
employer's liability.
Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor.
All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), wmch shall be
provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work pet.formed by
or on behalf of the Vendor and a copy of the endorsement nanling the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all the required insurance policies.
The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
The Vendor's insurance shall be primary insurance as respects the City and the City shall be given tl1irty (30) days prior written notice
by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage.
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 4
The City also reserves its llllqualified 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.
11. MISCELLANEOUS.
A Licenses and T axes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill
Vendor's obligations llllder this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any
payments due llllder this contract to the City Clerk for payment of such taxes which have been declared delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the
following list shall take precedence:
1. Addenda, if any,
2. Contract,
3. Specifications,
4. Terms and Conditions,
5. Contractor's proposal.
C. Documents IncolJlorated by Reference. The following documents are incorporated by reference, to include, but not be
limited to:
1. Terms and Conditions,
2. Specifications,
3. Proposal, and
4. Non-Collusion Affidavit.
D. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified
and available to perform the work to which the employment relates.
E. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every
aspect in the performailce of this Agreement.
F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk,
and Vendor shall be responsible tor any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
G. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If
any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall
be available exclusively llllder the jurisdiction, venue and rules of the Kitsap COllllty Superior Court, Kitsap County,
Washington.
H. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 5
shall be responsible for payment of its own legal costs and attorney's fees inclllTed in defending or bringing such claim or
lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement
1. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below,
unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the
address stated in this Agreement.
Notices to be sent to:
Notices to be sent to:
VENDOR:
CITY:
Attn: Richard Dickson
Cummins Northwest, Inc.
PO Box 9811
Renton, WA 98507-3000
Attn: Kathleen Cahall
City of Bremerton
3027 Olympus Drive
Bremerton, W A 98310
J. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void.
K. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of the City and Vendor.
E. Severability. If anyone or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or
invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in
full force and effect.
M. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all
prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or
altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the
parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the
terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
VENDOR:
CITY:
City ofBremerton
By:
Print Name:
Its:
Date:
By:
Print Name:
Its:
Date:
APPROVED AS TO FORM:
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 6
By:
Bremerton City Attorney
ATTEST:
By:
City Clerk
Goods and Services Agreement 3-09
Cummins Northwest, Inc.
Trailer-mounted Generator
Page 7
RX Date/Time 02/18/2009 10:45
FEB-17-2009 10:33PM fROM-Cummins Northwest
+4252358202
+425-235-8202
P.OOl
T-082 P.OOl Hao
(j)
c.
Cummins
Northwest, Inc.
811 SW Grady Way (98055)
PO Box 9811
Renton, WA 98057-3000
(425) 235-3400 Fax: (425) 235-8202
\
Power System Quotation
Date: February 17,2009
# Pages: '3 ,
To: Kathleen Cahall
Fax Number: 360-413-5398
Company: CitY of Bremerton
Phone Number: 360-473-5270
From:
Richard Dickson
Title:
Power Generation Sales
Direct line: 425-277-5340
Email: richard.dickson@cummins.net
Project Name: 150 kW Generator Quotation
Kathleen
Attached js Cummins Northwest quotation to supply a 150 kW trailer - mounted Portable
Generator. Thank you for the opportunity to provide this quotation.
Richard Dickson
Direct 425 277-5340
Cell: 206794-9801
Emai1: richard.dickson@cummins.com
Powerlul SolotlonS -Dependable SUDPon -(VERY nMl
www.cumminsnorthwest.com
This rransmis:;ion is intended for the ~olc \l$C oflhe individu.'lI and entity 10 wholll it is addressed, and may contain infomlation that. is privi)cScU.
cOl1fjdt:l)t.ial and ~etllpl from disclosun: undl:l" npplil:ablc law. You nn: b~eby noulied thut an)' d;~semin:ltioll, distnl)Ulion or duplication of lbi~
It;\l\.,missiofl by someone oilier than the intcnd~ adorcssee or j~ do:sigr>atcl ngent is strielly pl1lluoitcrl. lr your receipt (If this lloll1smission is ill
error, pka:;c notify this fum i.lImcdialely by collect call and scrrl th~ origil1nl tr.l1ISmi5sion to \IS by remm mail ill the nhove addrc5S.
C Power
. Generation
anon
IIJ.
120104.1
RX Date/Time 02/18/2009 10:45
FEB-IT-200S 10:33PM FROM-Cummin. Northwe.t
+4252358202
+425-235-8202
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Quotation
Cummins Northwest, LLC
611 SW Grady Way
Renton W A 98057 United States
February 18, 2009
Project Name: City of Bremerton 150kW Trailer Mounted Gensel
Quotation~ 1673000000029031
Thank you for your inquiry. We are pleased to quote as followS;
Item .
: Description " , '
USD
..
Diesel Genset~ 60Hz-150kW
lnstall-US-Nonroad Installation-In USA,Nonroad
1500SGAC
A331-2
L090-2
L 119-2
F173-2
R002-2
6268-2
H702-2
B184-2
A366-2
H536-2
H609-2
A362-2
H606-2
KA08-2
K631-2
A292.2
KP81-2
KU11.2
KT86-2
F206-2
F1 79-2
C127-2
Genset-Diesel.6DHz,150kW
Duty Rating-Standby Power
Listing-UL 2200
Cert-EPA,Nonroad CI,Tier 3 per 40 CFR 89
Enclosure-Steel,Sound Att,level 2.w/Exhaust System
VOltage.277/480,3 Phase,Wye,4 Wire
Alternator-60Hz,12 Ld,Broad Rng,Full1 Ph Outp,105C
GENSET CONTROL-POWERCOMMAND 2,2
Exciter/Regulator~Pmg. 3 Phase Sensor
Engine Governor-Electronic, Isochronous Only
Display Language-English
Control Mounting-Left Facing
Heater-Control Cabinet, 120V AC
Meters-AC Output.Analog
Alarm-Audible, Engine Shutdown
Relays-Genset Status, User Configured
Heater-Alternator, 120 Volt AC
Circuit Breaker Or Entrance Box-Right & Left Side
CirBrkr-600A,Left.3P ,600/690V, S5 RMS,80'%, UUIEC
ClrcuitBreaker-250A, Right.3P ,240V .TM,80%U L
Wind Rating-150 MPH,Steel Housing
Skidbase-Housing Ready
Separator-Fuel/Water
1
1
,
1
1
1
1
1
,
1
1
1
1
1
1
1
1
1
1
1
1
,
1
1
RX Date/Time 02/18/2009 10:45
FEB-17-2009 lO:34PM FROM-Cummins Northwest
A422~2
A333-2
E125.2
H389-2
E089-2
H036-2
D036-2
L026-2
L031-2
A322-2
F065-2
F180-2
H268-2
CP01 -2
SPEC-B
3rd Breaker
LOW FUEL
ALARM
ISOLATORS
Battery Charger
Trailer
Posi Lock
Freight
+4252358202
+425-235-8202
T-082 P,003 F-680
@
Engine Starter - 12 vac Motor
Battery Charging Alternator-Normal Output
Engine Cooling-High Ambient Air Temperature
Shutdown-Low Coolant Level
Extension-Engine Coolant Drain
Coolant Heater-120 Volt Ac, Single phase
Engine Air Clea.ner-Heavy Duty
Test Record-Certified
Genset Warranty-5 Year Comprehensive
Packing-Skid, Poly Bag
Rack-Battery
Window-Enclosure,Control Viewing
Extension-Oil Drain
Common Parts Listing
Product Revision - B
Circuit Breaker 250 Amp, 3 pole wI shunt trip, 600 VAG. wired to 120/208 VAG
Low Fuel alarm in daytank - 35"/", annunciated at control panel.
Korfund pad type isolators
Sens 10 amp NFPA 110 battery charger with float.
Tandem aJ<le. 10,000 GVWR trailer with integral single wal1200 gallon fuel
tank, stabilizer jacks (4), tongue jack, electric brakes, breakaway safety switch,
toolbox, adjustable receiver height. Spare tire and rim.
Crouse Hinds E0200 Male Posi-lock Distribution Panel Wired to 200 Amp
BreaKer.
Incoming Trailer Freight
Voltage Selector 3 position voltage selector switch, 120/208V & 277/480V 3 phase and
120/240V 1 phase '
Hubbals
Hubbel receptacles for coolant heater, charger, auto start signal. 20 A circuit
breaker box.
P.003
1
1
1
1
1
1
1
1
1
1
,
1
1
1
1
1
1
4
,
1
1
,
RX DatelTime 02/18/2009 10:45
FEB-IT-ZOOS 10:34PM FROM-Cummins Northwest
+425 235 8202
+425-235-8202
P.OO4
T-082 P.004 F-680
lY
Battery HD Starting battery. Lead acid. 1
LITERATURE O&M Manuals in CNW Binder 3
Upfit Up-fit Labor to install PosHock Panel. charger, 3rd breal~er, 3-position selector 1
switch, HUbbell connector. MOunt Generator
TRAINING One on-site training session 4 hours for up to 10 persons. 1
Delivery DeliveJY to jobsite. 1
STARTUP On-site startup and 2 nour loadbank test. 1
Commercial Commercial Accessories 1
Accessories
Grand Total $60.825.00
OPTIONAL
DEDUCT
Slartup, 2 hour Icadbank test. acceptance testing, and training at CNW
Renton in Lieu of on-site. Same day.
-$1500.00
NOTES:
1. THIS QUOTATION IS SUBJECT TO CUMMINS
NORTHWEST, LLC STANDARD TERMS &
CONDlrIONS. SEE ATTACHMENT
2. A ONE YEAR MAINTENANCE AGREEMENT IS
NOT INCLUDED IN THIS QUOTATION.
AVAILABLE FOR AN ADDITIONAL PRICE.
3. REGARDING SELECTIVE COORDINATION
FOR NEC ARTICLE 700 AND 701 LOADS.
CUMMINS GENERATORS ARE EQUIPPED
WITH THE MANUFACTURERS RECOMMENDED
THERMAL MAGNETIC CIRCUIT BREAKER.
INFORMATlON REGARDING THIS DEVICE
CAN 8E SUPPLIED UPON REQUEST. THIS
QUOTATION IS NOT VALID-IF ANY CHANGES
TO THIS CIRCUIT BREAKER(S) IS REQUIRED
TO COORDINATE WITH OTHER DEVICES IN
THE ELECTRICAL DISTRIBUTION SYSTEM. IF
g,~ 'lo SCGlvL W{
+rut
~ 5,;;l,30,'1S-
RX Date/Time
FEB~17-20D9 lO:34PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+425-235-8202
CHANGES ARE REQUIRED. THE CUSTOMER
MUST PROVIDE A COpy OF THE
COORDINATION STUDY LISTING THE
MANUFACTURERS MODEUPART NUMBER OF
THE DISCONNECT DEVICE TO BE SUPPLIED
WITH THE GENERATOR AND A REVISED
QUOT ATION WILL BE ISSUED-
Submitted by
--
ichard Dickson, Industrial Generator Sales
richard.dickson@cummins.com
Direct: 425-277-5340
Mobile: 206~794-9801
Fax: 425~235-8202
T-082 PODS
P.005
H8D
\.:V
RX DatelTime 02/18/2009 10:45
FEB-17-20D9 10:34PM FROM-Cummins NorthwBst
+4252358202
+425-235-8202
P.006
T-DB2 P.DDS/031 F-S80
...........
Cummins Northwest, LLC
Attachment to Quotation
-Exclusions-
Fuel System:
All fuel for testing and initial fill.
Electrical:
Field terminations of wiring, and lugs other than those detailed in our submittal.
Docum entation:
Third party electrical testing and certification. seismic calculations. coordination
studies, stamp~~d engineering calculations, emissions testing. all other services
and material not specifically listed in the preceding quotation.
Unless stated otherwise, three sets of 0 & M manuals are available upon
request. Electronic documentation may be available at an additional cost
MiscellaneoUS:
Taxes and Perm its:
Any applicable sales tax, permits. licenses.
All items listed are excluded and will onlY. be supplied bv Cummins Northwest. LLC if aQreed uoon. in
writinCl. bva sales representative for Cummins Northwest. LLC.
Current factory lead time is 12-14 weeks after drawing approvals.
-Terms and Conditions-
" This offer and quotation incorporates and is contingent upon acceptance of the terms and
conditions in the standard Sales Order of Cummins Northwest, LLC. Purchase Orders or other
documents with terms and conditions that are inconsistent with the CNW standard Sales Order
will not be accepted unless agreed to in writing by an officer of Cummins Northwest. LLC.
. Prices are valid for 30 da~
" If included in the quotation, all on-site startup, testing and training assumes weekdays, during
standard CNW business hours. Additional char~es mav be added 'for work reauested to be
done on overtime. weekends. and holldavs.
. F.O.B. factOrl. freiaht allowed to iobsite. off-Ioadina is not included
. Factory direct shipments require credit approval prior to shipment
. Terms are C.O.D. or net 30 days UQon a""rovaJ of credit
" Equipment held for longer than 30 days may be charged a monthly storage fee
. Cancellation charges are 25% minimum after release of order
CLARIFICA nONS AND COMMENTS
Gensel quoted is Cummins current ISO kW Generator with a Model QS87. 7 litre (408 cu. in.) in-line 6
cylinder 4 cycle engine. This replaces the previous 9 liter (543 cu. in.) engine for this kilowatt range.
120204 rev. '2/07
RX Date/Time 02/18/2009 10:45
FEB-17-2009 lO:84PM FROM-Cummins Northwest
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CITY OF BREMERTON
PUBLIC WORKS AND UTILITIES DEPARTMENT
WATER RESOURCES DIVISION
EQUIPMENT SPECIFICATIONS:
PORTABLE, DIESEL, TRAILER-MOUNTED GENERATOR
Bidders may list variations to these minimum specifications in the "'COMMENTSu section of the
Bid sheets. Bidders may also suggest alternatives to specified name brand products specified
by the City of Bremerton in the "COMMENTS" section as an t\ Approved Equal'. To be
considered as an ft Approved Equaf', the specifications of the suggested alternative ~ be
attached for our review. Bidders are also encouraged to list and price any options which are
felt to enhance the use of item bid and/or would be desirable. All standard equipment is to be
included, specified or not.
VENDOR
1\1 b TZyg LJ ~ $/)- LL G
PART 1 =- GENERAL REQUIRED CRITERIA
Cu]1,M 1 rJ S
MEETS
1.01 - Scope SPEC? COMMENTS
YES NO
A. Provide complete factory assembled generator set
equipment with digital (mlcroproc;essor~based) electronic
generator set controls, digital governor. and digital voltage 'L
regulator. Generator to be installed on a tandem axle
transportable trailer for a complete operating system;
including, but not limited to, the items as specified hereinafter.
B. Provide factory test, startup by a supplier authorized by Y:.
the equipment manufacturer(s), and on~$ite testing of the
system.
C. The generator set manufacturer shall warrant all 'i
equipment provided under this section, whether or not it Is
manufactured by the generator set manufacturer, so there is
one source for warranty and product service. Technicians
specifically trained and certified by the manufacturer to
support the product and employed by the generator set
supplier shall service the generator set.
Page 1 of 25
R)( DatelTime
FEB-17~20Q9 10:34PM
02/18/2009
FRO~Cummins Northwest
10:45
+4252358202
+425-235-8202
T-082
P.OOB/031
(!:)
P,008
F-6BO
D. The manufacturer shall provide product literature. \1
perfollTlance data, and engineered shop drawings of the I\.
generator set and trailer at the time of bid submittal.
MEETS
1.02 .. Codes and Standards SPEC? COMMENTS
YES NO
A. The generator set and its installation and on-site testing 'i.
shall conform to the requirements of the following codes and
standards:
1. CSA C22.2, No. 14 - M91 Industrial Contml X
Equipment
2. CSA 282, 1989 Emergency Electrical Power Supply Y-..
for 8uilcUngs
3. EN50082-2. Electromagnetic Compatibility - Generic "y....
Immunity Requirements, Part 2: Industrial.
4. EN5S011, Limits and Methods of Measurement of y
RadIo Interference Characteristics of Industrial,
Scientific and Medical Equipment.
5. FCC Part 15, Subpart B. X.
6. IEC8S28 part 4. Control Systems for Generator Sets "'A.
7. IEC Std 801.2, 801.3, and 801.5 for susceptibility, y.
conducted, and radiated electromagnetic emissions.
8. IEEE446 - Recommended Practice for Emergenoy )(
and Standby Power Systems for Commercial and
Industrial Applications
Page 2 of 25
RX DatelTime
FEB"17"2009 IO:34PM
02/18/2009 10:45
FROM"Cummins Northwest
+425 235 8202
+42H35-B202
P.009
T-OB2 P.009/031 F-680
@)
9. IEEE587 for voltage surge resistance. '^-
10. Mil std 4610 -1993. MilitElry standard, Y..
Electromagnetic Interference Characteristics.
11. Mil std 4620 - 1993. Military Standard, 1\.
MeCl$Urement of Electromagnetio Interference
Characteristics.
12. NEMA ICS10"1993 - AC Generator sets. X
13. NFPA70 - National Electlical Code. Equipment shall
be suitable for use in systems in compliance to X
Articles 700, 701, and 702.
14. NFPA99 - Essential Electrical Systems for Health .x
Care Facilities
15. NFPA 110 - Emergency and Standby Power
Systems. Tile generator set shall meet all X
requirements for level 1 systems. Level 1 prototype
tests required by this standard shall have been
performed on a complete and functional unit.
Component level type tests will not substitute for this
requirement.
16. UL508. The entire control system of [he generator .x
set shall be UL508 listed and labeled.
17. UL2200. The generator set shall be listed to UL2200 t.. /
or submit to an independent third party certification
process to verify compliance as installed.
B. The generator set manufacturer shall be certified to ISO X
9001 International Quality Standard and shall have third party
certification verifying quality assurance in
designJdevelopment. production. installation, and service, in
accordance with ISO 9001.
Page 3 of 25
RX DatelTime 02/18/2009 10:45
FEB-17-2009 IO;34PM FROM-Cummins Northwest
+4252358202
+425-235-8202
P.010
T-OB2 P.OIO/031 F-6BO
~
C. Acceptable Manufacturers
1. This system shall be sopplied by an approved,
nalional supplier who has been regularly engaged in i
the production of engine-driven alternator sets,
automatic transfer switches, and associated co ntrols
for a minimLlm of ten years, providing one source of
supply and responsibility.
2. To be classified as a manufacturer, the builder of the
generator set must manufactUre at least the engine X
or alternator.
3. The manufacturer shall have printed literature and
brochures describing the standard series specified, 'f..
not a one-of-a-I<ind fabrication or package.
Page 4 of 25
RX DatelTime 02/18/2009 10:45
FEB-17-2009 10:35PM FROM-Cummins Northwest
+4252358202
+425-235-B202
P.Oll
T-OB2 P.Oll/031 F-680
(0
PART 2 - PRODUCTS
2.01 - OTHER E.QUIPMENT TO BE MEETS COMM~NTS
SPEC?
PROVIDED YES NO
A. Trailer
1. Capable of transporting the unit at highway speeds. '/.-
Trailerto be rated at the appropriate GVW to carry
the genset, fun fuel tank., and 1,500 pounds of
accessories. Total trailer length not to exceed 18
feel.
2. Trailer consists of: dual axle assEJmbly designed for
low center of gravity consisting of steel bed, and '}..
radial tires including spare.
I
~ Trailer chassis: welded steel channel construction
...
with minimum 200 gallon integral fuel tank.
Provide:
a. 6~inch adjustable height 2 5116" ball hitch
b. Electric brakes with breakaway system for both
axles
c. Safety chains with hooks X
d. GVW rated four stabilizer jacks with feet
e. Heavy duty tongue jack.
f. Steel fenders
g. License plate bracket
h. 12 volt Ice 7 wire round trailer plug
i. Brake, turn, tail. and license plate lights
i. Finish: 2 coats etching primer, 2 coats industrial
enamel. Trailer is to be painted black or to match
manufacturer's standard color.
4. Trailer shall comply with applicable $tate of X
Washington Code and Federal MOlor Vehicle Safety
Standards (49 CFR Part 571).
Page 5 of 25
RX DatelTime
FEB-17-2009 10:35PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+425-235-8202
T-082 P.012/031
UJ;/
P.012
F-680
B. Outdoor, Weather-Protective. Sound
Attenuating Housing
1. The generator set shall be provided with a sound-
attenuated housing which allows the generator set to
operate at full rated load in the ambient conditions
specified. The enclosure shall reduce the sound
level of the generator set while operating at full rated ~
load to a maximum of 77.5 dBA at any location 7
meters from the generator set in a free field
environment. Housing configuration and materials
used may be of any suitable design which meets
application needs, except that acoustical materials
used shall be 011 and water resistant. No foam
matelials shall be used unless they can be
demonstrated to have the same durability and life as
fiberglass.
2. The enclosure shall indude hinged doolS for access
to both sides of the engine and altemator. and the 1....
control equipment. Key-locking doer latches shall be
provided for all doors. Door hinges shall be stalnleS5
steel.
3. The enclosure shall be provided with an exhaust
silencer which is mounted inside of the enclosure. i
and allows the generator set package to meet
specitied sound level requirements. Silencer and ,
exhaust shall include a rain cap and rain shield.
4. AU sheet metal shall be primed for corrosion
protection and finish painted with the manufadurer's X.
standard color. All sl.llfaces of all metal parts shall be
primed and painted.
5. Painting of hoses, clamps, wlnng harnesses, and
other non-metallic service parts shall not be X-
acceptable. Fasteners used shall be corrosion
resistant, and designed to minimize marring of the
painted surface when removed for normal instaUation
or service work.
Page 6 of 25
RX Date/Time
FEB~17~2009 IO:35PM
02/1 8/2009 1 0:45
FROM-Cummins Northwest
+425 2358202
+425~m~B20Z
T~OBZ P.013/031
GY
P.013
HBO
MEETS
2.02 p Generator Set SPEC? COMMENTS
yes NO
A. Ratings
1. The generator set shall operate at 1800 rpm and at a X.
voltage of: 277/480 Volts AC. three phase, four-wire.
60 hertz.
2. The generator set shall be rated at 150 kW. 188 kVA
at 0.8 PF, based on site conditions of: altitude 1,000 .x
ft. (330 metelS), ambient temperatures up to 104
degrees F (40 degrees C).
3. The generator set rating shall be based on standby 'k
service.
S.Performance
1. Voltage regulation shall be plus or minus 2 percent f.....
for any constant load between no load and rated
load. Random voltage variation with any steady load
from no load to full load shall not exceed plus or
minus 2 percent.
2. Frequency regulation shall be isochronous from
steady state no load to steady state rated load. '^-
Random frequency variation with any steady load
from no load to full load shall not exceed plus or
minus 0.25%.
3. The diesel engine-generator set shall pick up a single
step load of 100% nameplate kW and power factor, ~
less applicable derating factors, with the engine-
generator set at operating temperature.
4. Motor starting capabmty shall be a minimum of 770
kVA. The generator set shall be capable of ~
recovering to a minimum of 90% of rated no load
voltage following the application of the specified kVA
load at near zero power factor applied to the
generator set.
Page 7 of 25
RX DatelTime
FEB-IT-200e 10:35PM
02/18/2009 10:45.
FROM-Cummins Northwest
+4252358202
+425-235-8202
5. The alternator shall produce a clean AC voltage
wavefonn, with not more than 50/0 total harmonic
distortion at full linear load, when measured from line k
to neutral, and with not more than 3% in any single
hannonic. and no ard order harmonics or their
multiples. Telephone influence factor shall be less
than 40.
6. The generator set shall be certified by the engine
manufacturer to be suitable for use at the installed X
location, and shall meet all applicable exhaust
emission requirements at the time of commissioning.
C. Construction
1. The engine.generator set shall be mounted on a ....1
heavy-tJuty steel base to maintain alignment between ^
components. The base shall incorporate 3 battery
tray with hold-down clamps within the rails.
2. All switches. lamps, and meters in the control system
shall be oil-tight and dust-tight All active control oJ
components shall be installed within a UUNEMA 3R ^
enclosure. There shall be no exposed points in the
control (with the door open) that operate in excess of
50 volts.
D. Connections
1. A three position rotary selector switch to reconfigure
the output voltage between any three combinations
of:
"A
a. Low wye (120/208 VAC)
b. Series delta (120/240 VAC)
c. High wye (2n/480 VAC)
2. Thermal magnetic UL listed, shunt trip main line
circuit breakers rated at 600 VAC 200 amps must be
mounted on the side of the AC connection panel. vf
The line side connections are to be made at the ^
factory. Equip the shunt trip circuit breaker to
coordinate with the Crouse-Hinds Posi-Lok.limit
switch and de-energize the circuit breaker whefl not
is use.
Page 8 of 25
T-082 P.014/031
Cb>
P.014
H8G
RX DatelTime
FEB-17-2009 lO:35PM
02/18/2009 10:45
FROM~Cummins Northwest
+425 235 8202
+42H35~8202
T-082 P.OI5/C3l
(&
P.015
H8C
3. Generator Main Line Circuit Break.ers: Provide
molded case, 3 pole. minimum of 22,000 amp 'J....
interrupting capacity. provide separate braakers
rated at 250 amps, 600 VAC and 500 amps, 240
VAe.
4. High wye (277/480 VAC): Install q Crouse-Hinds AC
power Distribution System Posi-Lok panel, Model
E0200~ 1662LS-5, connected to the 200 amp, 600
VAC mainline circuit breaker. The limit switch on the X.
Posi~Lok panel shall be wired to the shunt trip on the
main line circuit breaker, such that the shunt trip
break.er cannot be dosed until the 5th connector is
inserted fully, and will trip the breaker if the 5th
connector is rotated. Posi~Lok panel shall be wired
for clockwise phase rotation for Black~Red-Blue
sequence.
5. Series delta (120/240 VAC): Install receptacle for J...
standard three prong 120 VAC.
6. Low wye (1201208 VAC): Install lugs set up for 3
pole 240 VAC main line breaker. Maintain clockwise '/...;
phase rotation for L 1-L2~L3 sequence,
MEETS
2.03 - Engine and Engine Equipment SPEC? COMMENTS
YES NO
A. The engine shall be diesel, 4 cycle, radiator and fan ~i.J~-rlhlls b c.i L',..a {)lP.. I ij c:tw
cooled. Minimum displacement shall be 543 cubic inches, ~ 40B c. U. I H (b. (, q L)
with G cylinders. The horsepower rating of the engine at its
minimum tolerance level shall be sufficient to drive tl1e /!.~& I Nt. JJ TPl e. 5" L\~ C.(;.lrI.
alternator and all connected accessories. Two cycle engines !I'lG I~f C5 rH /..orJGe.Jl.
are not acceptable. A"#lol~lh_! (~ft TfJ..g: tS() Kw
Cl.t-l t!. ~A""l"o tL..
(;) (JOT lL a t! joJ C, . !oJ c... M f1. 112 1 s..
L 0 Jl '0 S fl. c.. I (f C.f:>'1, .:. p,)'
c..!.l-rl (J..l A. ,
Page 9 of 25
RX DatelTime
FE8-IT-2009 10:35PM
02/18/2009 1 0:45
FROM-Cummins Northwest
+425235 B202
+425-235':'8202
T-OB2 P.016/031
~
P.016
F-6BO
Engine accessories and features shall include:
B. An electronic governor system shall provide automatic
isochronous frequency regulation. The governing system
dynamic capabilities shall be controlled as a function of
engine coolant temperature to provide fast, stable operation X
at varying engine operating temperature conditions. The
control system shall actively control the fuel rate and
excitation as appropriate to the state of the generator set.
Fuel rata shall be regulated as a function of starting,
accelerating to start disconnect speed, accelerating to rated i
speed. The governing system shall include a programmable
warm up at idle and cool down at idle function. While
operating in idle state. the control System shall disable the
alternator excitation system.
C. Skid-mounted radiator and cooling system rated for full
load operation in 122 degrees F {50 degrees C) ambient as
measured at the generator air inlet, based on 0.5 in H7,O
external static head. Radiator shall be sized based on a core
temperature that is 20F higher than the rated operation "t..
temperature, or prototype tested to verify cooling
performance of the enginelradiator/fan operation in a
controlled environment The cooling system shall be filled
with a 50lS0-ethylene glycolfwater mixture by the equipment
manufacturer. Rotating parts shall be guarded against
accidental contact
D. Electricstarter(s) shall be capable of three complete X
cranking cycles without overheating.
E. Unit shall include a positive displacement, mechanical, full X
pressure, lubrication oil pump.
F. Full flow lubrication oil filters with replaceable spin-on X
canister elements and dipstick oil level indicator.
G. An engine driven, mechanical, positive displacement fuel
pump. Fuel filter with replaceable spin-on cani~er element. ~
Fuel cooler, suitable for operation at the generator set at full
rated load in the ambient temperature specified shall be
provided if required for operation due to the design of the
engine and tl1e installation.
H. Replaceable dry element air cleaner with restriction '"
indicator.
Page .10 of 25
RX DatelTime
FEB-17-2009 10:35PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+425-235-8202
T-082 P.017/031
~
P.017
F-S80
I. Flexible supply and return fuel lines. X
J. Engine mounted battery charging alternator, 40-ampere X
minimum, and solid-state voltage regulator.
K. Coolant heater
1. Engine mounted. thermostatically controlled. coolant X
heater. Heater voltage shall be 120VAC. The
coolant heater shall be UL499 Ifsted and labeled.
2. The coolant heater shall be installed on the engine
with silicone hose connections. Stsel tubing shall be X.
used for connections into the engine coolant system
whereverthe length of pipe run exceeds 12 inches.
3. The coolant heater installation shall be specifically c
designed to provide proper venting of the system.
The coolant heater shall be installed using shutoff X
valves to isolate the heater for replacement of the
heater element. The valves shall allow the heater
element to be replaced withDut draining the engine
cooling system Dr significant coolant loss.
4. The coolant heater shall be provided with a DC
thennostat, installed at the engine thermostat X.
housing. An AC power connection box shall be
provided for a single 120VAC power connection to
the coolant heater system.
5. The coolant heater(s) shall be sized as
recommended by the engine manufacturer to warm
the engine to a minimum of 104F (40C) in a 40F (4C) X
ambient, in compliance with NFPA110 requirements,
or the temperature required for starting and load
pick.up requirements of this specification.
6. Install an electrical junction box for the coolant heater
and battery charger. Install separate circuit breaker.;
for the coolant heater and battery charger. On the X
line side for the circuit breakers, connect to a flanged
weatherproof inlet, 20 ampere, 125 V NEMA 5-20P
configuration. The connected load for the coolant
heater and battery charger shall be limited to 16
amperes combined. \
Page 11 of 25
RX DatelTime
FEB-17~2aa9 la:35PM
02/18/2009 1 0:45
FROM-Cummins Northwest
+4252358202
+425~235-m2
L Provide vibration isolators, spring/pad type. quantity as ~
recommended by the generator set manufacturer.
M. Starting and Control Battery(s) shall be calcium/lead
antimony type, 24 volt DC, sized as recommended by the X.
engine manufacturer, complete with battery cables and
connectors.
N. Provide exhaust silencer for engine of size and type as
recommended by the generator set manufacturer and X.
approved by the engine manufacturer. Exhaust system shall
be installed according to the engine manufacturer's
recommendations and applicable codes and standards.
O. A UL IistedJCSA certified 10 amp voltage regulated
battery charger with 120 VAC power supply shall be provided
and installed in the generator enclosure. Input AC voltage
and DC output voltage shall be as required. Charger shall be
equipped with float, taper and equalize charge settings.
Operational monitors shall provide visual output along with 'If
Individual fonn C contacts rated at 4 amps, 120 VAC, 30VDC 1'\
for remote indication of:
1. Loss of AC power- red light
2. Low battery voltage - red light
3. High battery voltage. red light
4. Power ON - green light (no relay contact)
Charger shall include an Analog DC voltmeter and ammeter,
12-hour equalize charge timer, and AC and DC fuses.
Page 12 of 25
T-a82 p,alS/a3t
(l!Y
P.018
H80
RX Date/Time
FEB-1T-2009 lO:36PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+425-23H202
P.019
T-OB2 P.019/03! F-680
CB>
MEETS
2.04 - AC Generator SPEC? COMMENTS
YES NO
A. The AC generator shall be; synchronous. four pole. 2/3
pitch. revolving field. drip-proof construction, single pre-
lubricated sealed bearing, air cooled by a direct drive
centrifugal blower fan, and directly connected to the engine "'J...
with flexible drive disc. All insulation system components
shall meet NEMA MG1 temperature Ilm~s for Class H
insulation system. Actual temperature rise measured by
resistance method at full load shall not exceed 125 degrees
Centigmde-
B. The generator shall be capable of delivering rated output ~
(kVA) at rated frequency and power factol', at any voltage not
more than 5 percent above or below rated voltage.
C. A permanent magnet generator (PMG) shall be included
to provide a reliable source of excitation power for optimum
motor starting and short circuit performance. The PMG and j.
controls shall be capable of sustaining and regulating current
supplied to a single phase or three phase fault at
approximately 300% of rated current for nat more than 10
seconds.
D. The sublransient reactanoe of the alternator shall not
exceed 12 percent. based on the standby rating of the 'X.
generator set.
MEETS
2.05 - Generator Set Control SPEC? COMMENTS
YES NO
A. The generator set shall be provided with a
microprocessor-based control system that is designed to
provide automatic starting, monitoring, and control functions
for the generator set. The control system shall also be X
designed to allow local monitoring and control oftlle
generator set. The control shall be mounted on the generator
set. The control shall be viblCltion isolated and prototype
tested to verify the durability of all components in the system
under the vibration conditions encountered.
Page 13 of 25
RX DatelTlme
FEB-17-2009 10:B6PM
02/18/2009 1 0:45
FROM-Cummins Northwest
+425 235 8202
+425-235-8202
T-082 P.020/0Bl
(0
P.020
F-680
e. Control Switches
The generator set mounted control shall include the following
features and functions:
1. MODE SELECT Switch. The mode select switch j..
shall initiate the following control modes. When in
the RUN or Manual position the generator set shall
start, and accelerate to rated speed and voltage as
directed by the operator- In the OFF position, the
generator set shall immediately stop, bypassing all
time delays. In the AUTO position. the generator set
shall be ready to accept a signal from a remote
devioe to start and accelerate to sated speed ami
voltage.
2. EMERGENCY STOP swItch. Switch shall be Red
"mushroom-head" push-button. Depressing the "i..
emergency stop switch shall cause the generator set
to immediately shut down and be locked out from
aut.omatic restarting.
3. RESET switch. The RESET switch shall be used to
clear a fault and allow restarting the generator set '^
after it has shut down for any fault condition.
4. PANEL LAMP switch. Depressing the panel lamp
switch shall cause the entire panal to be lighted with
DC control power. The panel lamps shall X
automatically be switched off 10 minutes after the
switch Is depressed or after the switch is depressed a
second time.
C. Generator Set AC Output Metering
The generator set shall be proVided with a meteling set
including the following features and functions:
1. Analog voltmeter, ammeter, frequency meter, power ^
factor meter, and kilowatt (KW) meter. Voltmeter and
ammeter shall display all three phases. Meter scales
shall be color coded in the follOWIng fashion: green
shall indicate normal opera ling condition, amber shall
indicate operation in ranges that indicate potential
failure, and red shall indicate failure impending.
Metering accuracy shall be within 0.5%_
Page 14 of 25
RX DatelTime 02118/2009 10:45
FEB-17-2009 10:36PM FROM-Cummins Northwest
+4252358202
i-42S-m-8202
P.021
T-082 P 021/031 F-580
2. Digital metering set, 0.5% accuracy, to indicate
generator RMS voltage and current, frequency,
output current. output KW, KW hours, and power 1... ,
factor. Generator output voltage shall be available in
line-te-Iine and line-to-neutral vol1ages, and shall
display all three-phase voltages (line to neutral or line
to line) simultaneously.
3. The control system shall monitor me total load all the
generator set, and maintain data logs of total X
operating hours at specific load levels ranging from 0
to 110% of rated load, in 10% increments. The
control shall display hours of operation at less than
30% load and total hours of operation at more than
90% of rated load.
4. The control system shall log total number of
operating hours, total KWH, amI total control on 1.-
hours, as well as total values since reset.
5. Both analog and digital metering is required. The
analog and digital metering equipment shall be driven 'A
by a single microprocessor, to provide consistent
readings and performance.
D. Generator Set Alarm and Status Display
1. The generator set control shall include LED alarm
and status indication lamps. The lamps shall be ""
high-intensity LED type. The lamp condition shall be
clearly apparent under bright lighting conditions.
Functions indicated by the lamps shall include:
2. The control shall include five configurable alarm- X
indicating lamps. The lamps shall be field adjustable
for function, color. and control action (status, Warning,
or shutdown).
3. The control shall include green lamps to indicate the
generator set is running at rated frequency and
voltage. and that a remote start signal has been
received at the generator set. Tile running signal 'J...
shall be based on actual sensed voltage and
frequency on the output terminals of the generator
set.
€V
Page 15 of 25
RX DateiTime 02/18/2009, 10:45
FEB-17-2009 lO:36PM FROM-Cummins Northwest
+4252358202
+425-235-8202
P.022
T-082 P.022/031 F-680
@
4. The contrOl shall include a flashing red lamp to
indicate the control is not in automatic state and red '"
common shutdown lamp.
5. The control shall include an amber common warning 'A.
indication lamp. ~
6. The generator set control shall Indicate 1he existence
of the following alarm and shutdown conditions on an '%.
alphanumeric digital display panel:
a. low oil pressure (alarm)
b. low oil pressure (shutdown)
'k
c. oil pressure sender failure (alann) X.
d. low coolant temperature (alarm) ~
e. high coolant temperature (alann) }<
f. higl1 coolant temperature (shutdown) X
g. high oil temperature (warning) 'X.
h. engine temperature sender failure (alarm) 'A
i. low coolant level {alarm or shutdown-selectable} X
I
J. fail to crank (shutdown) )(
k. fail to startlovercrank (shutdown) X
l. over.speed (shutdown) X
m. low DC voltage (alarm) X
,
n. high DC voltage (alarm) ~
o. weak. battery (alann) X
p- low fuel-daytank (alarm) X
Page 16 of 25
RX Date/Time
FEB-1T-2009 10:36PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+425-235-8202
T-082 P.023/031
(iiJ
P.023
Hao
q. high AC voltage (shutdown) ~
r. low AC voltage (shutdown) X.
s. under frequency (shutdown) X
t. over current (warning) X.
u. over current (shutdown) X
v. short circuit (shutdown) X
w. over load (alarm) X
x. emergency stop (shutdown) 'A.
7. Provisions shall be made for indicaUon of four
customer-specified alafTTl or shutdown conditions.
Labeling of the custamer-specified alarm or shutdown
conditions shall be of the same type and quality as X.
the above-specified conditions. "The non-automatic
indicating lamp shall be red, and shall flash to
indicate the generator set is not able to automatically
respond to a command to start from a remOle
location.
8. The conlrol shutdown fault conditions shall be X
configurable for fault bypass.
E. Engine Status Monitoring
1. The following information shall be available from a
digital status panel on the generator set control: 'f...
a. engine oil pressure (psi or kPA)
b. engine coolant temperature (degrees F or C) 'X
c. engine oil temperature (degrees F or C) 1A
d. engine speed (rpm) X
e. number of hours of operation (hours) X
Page 17 of 25
RX DatelTime
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+425-235-8202
T-082 P.024/031
CtY
P.024
F-680
f. number of start attempts X.
g. battery voltage (DC volts) X.
2. The control system shall also incorporate a data
logging and display provision to allow logging of the
last 10 warning or shutdown indications on the
generator set, as well as total time of operation at ~
various loads, as a percent of the standby rating of
the generator set.
F. Engine Control Functions.
1. The control system provided shall include a cycle
cranking system, which allows for user selected
crank time, rest time, and # of cycles. Initial setllngs ^
shall be for 3 cranking periods of 15 seconds each,
with 15-second rest period between cranking periods.
2. The control system shall include an idle mode
control, which allows the engine to run in idle mode in X.
the RUN position only. In this mode, the alternator
excitation system shall be disabled.
r
3. The control system shall include an engine governor
control, which functions to provide steady state
frequency regulation as noted elsewhere in this "'/...
speclfication. The governor control shall include
adjustments for gain, damping, and a .ramping
function to control engine speed and limit exhaust
smok.e while the unit is starting.
4. The control system shall include lime delay start
(adjustable 0-300 seconds) and time delay stop X.
(adjustable 0-600 seconds) functions.
5. The control system shall include sender failure
monitoring logic for speed sensing, oil pressure, and "-
engine temperature which is capable of
discriminating between failed sender or wiring
components, and an actual failure conditions.
Page 18 of 25
RX Date/Time
FEB-17-2009 lO:36PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+425-235-8202
T-082 P.025/031
(if)
P.025
F-680
G. Alternator Control Functions
1. The generator set shall include a full wave rectified
automatic digital voltage regulation system that is
matched and prototype tested by the engine
manufacturer with the governing system provided. It
shall be immune from misoperation due to load-
induced vohage waveform distortion and provide a
pulse width modulated output to the alternator
exciter. The voltage regulation system shalt be
equipped with three-phase RMS sensing and shall
control buildup of AC generator voltage to provide a 'l
linear rise and limit overshoot. The system shall
include a torque-matching characteristic. which shall
reduce output voltage in proportion to frequency
below an adjustable frequency threshold. Torque
matching chalQcteristic shall be adjustable for roll.off
frequency and rate, and be capable of being curve-
matched to the engine torque CUfVe with adjustments
in the field. The voltage regulator shall include
adjustments for gain. damping, and frequency roll-off.
Adjustments shall be broad range, and made via
digital raise-.lower switches, with an alphanumeric
LED readout to indicate setting level. Rotary
potentiometers for system adjustments are not
acceptable.
2. . Controls shall be provided to monitor the ol.ltput
current of the generator set and initiate an alarm
(over current warning) when load current exceeds "'A
110% oftM rated current ofthe generator set on any
phase for more than 60 seconds. The controls shall
shut down and lock out the generator set when
output current level approaches the thermal damage
point of the alternator (over current shutdown). The
protective functions provided shall be in compliance
to the requirements of NFPA70 article 445.
Page 19 of 25
RX DatelTime
FEB-IT-2009 10:36PM
02/18/2009 10:45
FROM-Cummi~s Northwest
+4252358202
+42H35-8202
T-oal P.02S/031
6:9
P.026
HBO
3. Controls shall be provided to individually monitor all
three phases of the output current for short circuit
conditions. The control/protection system shall
monitor the current level and voltage. The controls
shall shut down and lock out the generator set when 1-..
output current level approaches the thennal damage
point of the alternator (short circuit shutdown). The
protective functions provided shall be in compliance
to the requirements of NfP A 70 article 445.
,
4. Controls shall be provided to monitor the KW load on
the generator set, and initiate an alarm condition
(over load) when total load on the generator set
exceeds the generator set rating for in excess of 5 ^
seconds. Controls shall include a load shed control,
to operate a set of dry contacts (for use in shedding
customer load devices) when the generator set is
over1oaded.
5. An AC over/undervoltage monitoring system that
responds only to true RMS voltage conditions shall
be provided. The system shall initiate shutdown of
the generator set when alternator output voltage X
exceeds 110% of the operator~set voltage level for
more than 10 seconds, or with no intentional delay
when vOltage exceeds 130%. Under voltage
shutdown shall occur when the output voltage of the
alternator is less than 85% for more than 10 seconds.
Page 20 of 25
RX DatelTime 02/18/2009 1 0:45
FEB-17-Z00S 10:a7PM FROM-Cummins Northwast
+425 235 8202
+425-m-S202
P.027
T-082 P.027/031 F-SSO
PART 3 - OPERATION
@
MEETS
3.01 - Sequence of Operation SPEC? COMMENTS
YES NO
A. Generator set shall start on receipt of a start signal from
remote equipment. The start signal shall be via hardwired X.
connection to the generator set control.
S, The generator set shall complete a time delay start period 1
as programmed into the control.
C. The generator set control shall initiate the starting
sequence for the generator set. The starting sequence shall X.
incluae the followIng functions:
1. The control system shall verify that the engine is
rotating when the starter is signaled to operate. If the
engine does not rotate aftertwo attempts, the control
system shall shut down and lock out the genemtor
set, and indicate "faU to crank" shutdown.
2. The engine shall fire and accelerate as quickly as
practical to start disconnect speed. If the engine
does not start, it shall complete a cycle cranking ,
process as described elsewhere in this specification. ~
If the engine has not started by the completion of the
cycle cranking sequence, it shall be shutdown and
locked out, and the control system shall indicate "fail
to start".
3. The engine shall accelerate to rated speed and the
alternator to rated voltage. Excitation shall be
disabled until the engine has exceeded programmed "t..
idle speed, and mgulated to prevent over voltage
conditions and oscmation as the engine accelerates
and the alternator builds to rated voltage.
4. On reaching rated speed and voltage, the generator
set shall operate as dictated by the control system in '/....
isochronous state.
5. When all start signals have been removed from the
generator set, it shall complete a time delay stop '^-
sequence. The duration of the time delay stop period
shall be adjustable by the operator.
6. On completion of the time delay stop period, the 'A.
generator set control switch off the excitation system
and shall shut down.
Page 21 of 25
KX Uatefllme
FE8~17-2009 10:37PM
UlllB/20lJ8 10:45
FROM-Cummins Northwest
+425 235 8202
+425-235-8202
T-082 P.028/031
@
P.028
F-680
7. Any start signal received afterthe time stop
sequence has begun shall immediately terminate the ~
stopping sequence and return the generator set to
isochronous operation.
Page 22 of 25
RX DatelTime
FEB-IT-200B 10:3TPM
02/18/2009
10:45
+4252358202
+425-235-8202
P.029
F-6BO
FROM-Cummins Northwest
1-082 P.029/031
@j)
PART 4 - OTHER REQUIREMENTS
MEETS
4.01 .. Submittals SPEC? COMMENTS
YES NO
A. Within 10 days after award of contract, provide four sets of
the following information for review:
1. Manufacturer's product literature and performance X
data, sufficient to verify compliance to specifioation
requirements.
2. A paragraph by paragraph specification compliance
statement. describing the differences between the )(
specified and the proposed equipment.
3. Manufacturer's certification of prototype testing. X
4. Manufacturer's published warranty documents. '^-
5. Shop drawings showing plan and elevation views X
wIth certified overall dimensions, as well as wiring
interconnection details.
6. Interconnection wiring diagrams showing all external
connections required, with field wiring terminals 1t
marked in a consistent point-te-point manner.
7. Manufacturer's installation instructions. X.
MEETS
4.02 - Factory Testing SPEC? COMMENTS
YES NO
A. The generator set manufacturer shalf perform a complete
operational test on the generator set prior to shipping from
the factory. A certified test report shall be provided. '/...
Equipment supplied shall be fully tested at the fadory for
function and pelformance.
B. Factory testing may be witnessed by the owner and
consulting engineer. Costs for travel expenses will be the X.
responsibility of the owner and consulting engineer. Supplier
is responsible to provide two weeks notice far testing.
Page 23 of 25
RX Date/Time
fEB-IT-Z009 10:3TPM
02/18/2009 10:45
FROM-Cummins Northwest
+425 235 8202
+425-235-B202
1-082 P.030/0S!
~
P.030
F-680
C. Generator set factaI)' tests on the equipment shall be
perfonned at rated load and rated power factor. Generator
sets that have not been factory tested at rated power factor "'A.
will not be acceptable. Tests shall include: run at full load,
maximum power, voltage regulation, transient and steady-
state governing, single step load pickup, and function of
safety shutdowns.
D. Equipment shall be initially started and operated by ''A..
representatives of the manufacturer.
MEETS
4.03 On-Site Acceptance Test SPEC? COMMENTS
YES NO
A. Unit acceptance tests Ie be conducted on-site shall
include a "cold start" test, a two hour full load test, and a one ~
step rated load pickup test in accordance with NFPA 110.
ProvIde a resistive load bank and make temporary
connections for full load test, if necessary.
B. Test each alarm and all automatic shutdowns of the
generator set. "k
C. Demonstrate correct phase rotation. 'k
D. Demonstrate proper operation of engine water jacket
heater and battery charger. '^-
E. Contraclor shall deliver and install the complete electrical
generating system accordance with the City's instructions '^
after award of contract. Fuel for site test will be provided by
City unless unit is rejected. On-wheel delivel)' is allowable.
MEETS
4.04 Training SPEC? COMMENTS
yes NO
A. The equipment supplier shall provide training for the
facility operating personnel covering operation and 'A
maintenance of the equipment provided. The training
program shall be not less than 4 hours in duration and the
class size shall be limited to Hi persons. Training date shall
be coordinated with the facility owner.
Page 24 of 25
RX Date/Time
FEB-17-2009 10:37PM
02/18/2009 10:45
FROM-Cummins Northwest
+4252358202
+42H35-8202
T-oe2 P.031/031
V;J
P.031
F-6aQ
MEETS
4.05 - Warranty SPEC? COMMENTS
YES NO
A. The generator set and associated equipment shall be
warranted for a period of not less than 5 years from the date X
of commissioning against defects in materials and
workmanship.
,
8. The warranty shall be comprehensive. No deductibles
shall be allowed fDr travel time, service hours, repair parts i
cost. etc.
MEETS
4.06 Owner's Manuals SPEC? COMMENTS
YES NO
A. Provide three sets of owner's manuals specific to the
product supplied and must accompany the equipment on
delivery. The general operating instructions. preventative ^
maintenance, wiring diagrams, schematics, and parts
exploded view specific to this model must be included.
Page 25 of 25
DATE SUBMITTED: April 1, 2009
SUBJECT: Resolution No. 303D to
establish May 20, 2009 as a hearing date to
vacate roadways within Say ."P..
C- Frewierll Koovin a.S viestya ie.)
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUMMARY: The Bremerton Housing Authority (BHA) wishes to redevelop the World War II
vintage housing area known as Westpark. BHA has petitioned the City of Bremerton to vacate all the
roadways within the boundaries as Bay Vista Commons assisted senior housing complex. As phases
of development are completed, BHA will be conveying new roadways to the City.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
ATTACHMENTS: 1) Resolution No. 3030 ; 2) Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): None.
BILL # bR — 07
SE
April 8, 2009
April 15, 2009
Engineering
Mike Mecham
473 -5288
CONSENT AGENDA [
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to pass Resolution No. 3080 setting a hearing date of May 20,
2009 for vacating roadways within Bay Vista (formerly known as Westpark).
COUNCIL ACTION: 111 Approve 111 Deny 111 Table ❑ Continue ❑ No Action
RESOLUTION NO. 3080
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of roadways within Bay Vista, formerly
known as Westpark.
WHEREAS, Bremerton Housing Authority has initiated the vacation to
facilitate redevelopment of Bay Vista; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on May 20,2009 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. Severabilitv. 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 immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2009.
CECIL MCCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
1
Bay Vista Resolution
STREET VACATION REQUEST
ROADWAYS WITHIN BAY VISTA
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:
PREPARED BY:
May 20,2009
Gunnar Fridriksson
SUMMARY
Applicant: Bremerton Housing Authority
c/o Nancy Rees Austin, Development Manager
P.O. Box 4640
Bremerton, WA 98312
Location: Bay Vista, formerly known as Westpark, Re-Development
BACKGROUND
The applicant for this right of way vacation is redeveloping the existing housing
development known as Bay Vista, formerly Westpark. Bay Vista is a development
originally constructed by the United States of America as housing for shipyard workers
during World War II. After the war, the housing development was transferred to
Bremerton Housing Authority who continues to run the site today. The redevelopment
of the entire site began with the construction of the Firs II assisted senior housing
complex and the relocation of the northerly portion of Russell Road. The applicant will
be completing the redevelopment of the site in phases with' each new phase dedicating
. new roadways to service the area. The new streets will provide better overall operating
characteristics for the area and superior function to the existing roadways.
RIGHT-OF-WAY CONDITIONS
EXISTING ROADWAY
NEW ROADWAY
. Functional Classification
. R-O-W Width
. R-O-W Areas
. Pavement Width
. Surface Type
. Curb and Gutter
. Sidewalks
Local Access
Varies
301 ,032 sq. ft.
Varies
Concrete
Standard curb
4 foot sidewalk
Local Access
Varies
944,048 sq. ft.
Varies
Asphalt
Standard curb
5 foot sidewalk
February 2009
Vacation of Roadways within Bay Vista Redevelopment
Page 1 of 5
HEARING CONSIDERA liONS
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:
With the redevelopment of the site, the existing roadways will not be required for
public use. The relocated roadways will be superior in public access and
function.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan, and
facilitates development of the Bay Vista project.
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:
Maintenance costs of the newly constructed roadways will be comparable to the
cost to maintain the existing streets.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Traffic circulation characteristics for the new roadways will be under the auspices
of the Bay Vista redevelopment plan and will be superior to the existing streets.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The relocated roadways will be consistent with future redevelopment of Bay Vista
and is expected to meet future public transportation needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The petitioner, Bremerton Housing Authority, is the only abutting property owner.
February 2009
Vacation of Roadways within Bay Vista Redevelopment
Page 2 of 5
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All. private utility companies have been contacted. Cascade Natural Gas, Qwest and
Comcast will retain easements. Permanent utilities easements are to be reserved for
the existing City water, sewer and storm lines. All existing utilities will be relocated with
each new phase of construction. Said easements will be vacated upon dedication of
the new alignment for the roadways.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
This right-of-way is Class 1, as it was conveyed to the City in fee title by quit claim dated
August 10,1951. The value of the vacated right of way is $2,212,240, which is based
on the average property value of the abutting properties weighted on a front footage
basis. Compensation will be paid in the form of a dedication of like-kind in Bay Vista to
the satisfaction of the City for the relocation of the roadway for the anticipated
redevelopment of Bay Vista. If a like-kind dedication is not made within five (5) years,
then the City may, upon demand, require payment of the then current assessed value.
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 with easements
reserved for all existing and future utilities. Said easements to be vacated upon
dedication of the new roadways and utilities.
February 2009
Vacation of Roadways within Bay Vista Redevelopment
Page 3 of 5 .
+----... ~,'.:lia".:__~:..-.7;'r,~ "::+--......~;'
.':6":~~~:~;:~~~
Looking northwesterly on Russell Road towards McNeal Avenue.
Looking easterly along McNeal Avenue from Russell Road.
February 2009
Vacation of Roadways within Westpark Redevelopment
Page 4 of 5
Looking northeasterly from the old portion of Russell Road to the new portion with the Firs II
development.
Typical existing housing at the site.
February 2009
Vacation of Roadways within Westpark Redevelopment
Page 5 of 5
DA TE SUBMITTED: 3/26/09
BILL # D Cf - 0 77
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: 2009 KPS Rates &
Underwriting Criteria
Committee Meeting Date: 4/8/09
COUNCIL MEETING Date: 4/15/09
Department: Financial Services
Presenter: Carol Conley, HR Mgr.
Phone: 473-5347
SUMMARY: Approval of KPS 2009 Rates and Underwriting criteria and authorization of formal
execution of the 2009 contracts between the City and Kitsap Physicians Service (KPS) for employee
group health insurance coverage by the Mayor. The new rates,which were negotiated on our behalf
by our benefits consultants, Willis of Seattle, reflect an 11.65% rate increase above 2008 levels. It
should also be noted that the City's contribution towards dependents coverage is at 90%, while the
employee's contribution for dependents coverage is 10%.
A TT ACHMENTS: KPS 2009 Premium Rates & Underwriting Criteria.
FISCAL IMP ACTS (Include Budgeted Amount): The 2009 Budget has adequate budgeted funds in
personnel benefits for this rate increase.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: : I move to approve the 2009 KPS Premium rates and Underwriting
criteria between the City and KPS, and authorize the Mayor to finalize and execute the contracts with
substantially the same terms and conditions as presented.
/'
/'
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
KPS Health Plans
400 Warren Avenue
P.O. Box 339
Bremerton, WA 98331-0039
Attachment B
Premium Rates and Underwriting Criteria
For
City of Bremerton
Period: January 1, 2009 - December 31, 2009
Premium Rates
PLAN A & RETIREES
ACTIVE
LEOFF I 690.58
LEOFF II & non-LEOFF Employees 501.45
Spouse 555.86
1 st Dependent 251.03
2nd and all other Dependents 202.04
LEOFF I RETIREES (UNDER AGE 65\
Subscriber 1807.13
Spouse 990.00
1 st Dependent 246.99
2nd and all other Deoendents 197.39
PLAN B & RETIREES
ACTIVE
LEOFF II & non-LEOFF Emolovees 433.60
Spouse 485.71
1 st Dependent 220.97
2nd and all other Dependents 171.93
LEOFF I RETIREES (UNDER AGE 65\
Subscriber N/A
Spouse 822.25
1 st Dependent 208.99
2nd and all other Dependents 168.98
Note: Rates include Vision and is for Employees ONLY (Active and COBRA).
Underwriting Criteria
The Premium rates quoted above for this Group Plan are based on the following underwriting criteria.
KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria.
}- Active Employees must work a minimum of twenty (20) hours per week unless otherwise
negotiated and agreed by both KPS and Group.
}- Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may
provide coverage to Group's Employees.
~ Subject to prior KPS approval, Group may select multiple KPS health plan offerings.
~ The minimum level of participation required is seventy-five percent (75%) of eligible Employees.
~ Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible
Employees may reside outside of the State of Washington.
~ KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent
(10%) or more from the census provided to KPS by Group at the time Group was initially rated.
DATE SUBMITTED:
BILL #
6Cf-079
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
s'=-
..............a.......................................m...............m................1
SUBJECT: Office of Public Defense
Grant Acceptance
Committee Meeting Date: 04/0812009
COUNCIL MEETING Date: 04/15/2009
Department: Municipal Court
Presenter: Theresa Ewing
Phone: 473-5242
SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant
and was awarded $15,000.00 for the proposed public defense improvement project.
This money is intended to be used for improvements including adding an attorney to lower public
defense caseloads, providing a defense attorney at first appearances, and adding investigator and
interpreter services, as proposed in the City's grant application.
ATTACHMENTS: Letter of Acknowledgement
FISCAL IMPACTS (Include Budgeted Amount): The OPD funding is a revenue source for
$15,000.00 to be used directly for Public Defense in the City of Bremerton Municipal Court. These
monies will be fully expended as part ofthe 2009 Public Defense Contract. There are no matching
funds needed.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~
. 'I~'~'
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to accept the grant from the Office of the Public Defense.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
#.
,..
Internet Email: opd@opd.wa.gov
WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE
(360) 586-3164
FAX (360) 586-8165
January 20,2009
RECEIVED
Theresa Ewing
Court Services Manager
Bremerton Municipal Court
900 Pacific Avenue
Bremerton,VVA 98337
JAN 2 12009
BY
MUNICIPAL COURT
Re: RCVV 10.101 Application for City Grant Funds
Dear Ms. Ewing:
VVashington State Office of Public Defense (OPD) is pleased to award city grant funds pursuant to RCW
10.101.080 to the City of Bremerton. Enclosed is a check in the amount of$~5,000 in state funds for the
City's proposed public defense improvement project. If the City of Bremerton uses state BARS coding,
these funds should be received under BARS revenue code 334.01.2X.
By accepting this grant, the City ofBremerton agrees the funds will be used for improvements including
adding an attorney to lower public defense caseloads, providing a defense attorney at first appearances, and
adding investigator and interpreter services, as proposed in the City's grant application. If this use changes
during the year, please notify OPD in advance so we can discuss the changes.
Chapter 10.101 RCVV requires cities awarded funds to demonstrate to OPD that they are either llleeting the
public defense standards referenced in RCVV 10.101.030, or that the funds received are used to make
appreciable demonstrable improvements in the delivery of public defense services. Accordingly, OPD will
be observing the court at least one time during the year.
As a reminder, OPD needs a copy ofBremerton's new public defense ordinance after it is enacted and a copy
of new 2009 public defender contracts or contract amendments that include Chapter 10.101 RCVV's training
and non-public defense time reporting requirements. ill addition, by the end of July 2009 OPD will request a
brief report describing how the grant funds are being spent, as well as the impact the funds are having on the
City's public defense and justice systems. .
OPD's Public Defense Services Managers are available to provide assistance to support the CitY of
Bremerton's efforts or to answer questions. Please feel free to contact David DeLong, Eric VVeston or Kathy
Kuriyama at the above telephone number. We look forward to working with you.
Sincerely,
~~
Director
Enclosure (check)
711 South Capitol Way · Suite 106 · P.O. Box 40957 · Olympia, Washington 98504-0957
o
)
,PAY TO THE
()RpER OF:..
~PAY...
~ONLY~"E
o
P'
'4:,. I.
e ,I .
. tl ,=, ~ &
STAT'E..OF.WASHINGTQN
OFFjC~OF:.STATETREASqRER OLYMPIA
',OFFICE <OF PUBLIC DEFENSE
(360) ~86;'3164 . ' .'. , ' .'
I"
, ~~~,,:,,-,,' ~ ," ""BR~'
, ,'56733~~:,':::'0~;;.}~O?"
',.:,::PAY THIS 'AMOUNT " '.
. 'CITyqFBREMERTON
, 900 PACIFIC AVE.
IiREMERTQNWA, 98337
NEGOTIABLE'FOR '180 DAYS (jN-'oRiAFfER;AB6~llATE~;" 7
, ,," ~' ~' '", ~>'; ;' f -....';., , <"
o " ".; :r' >1~)";:~~' ',":\
."~(jfi*/!iJii~
, " ; \ ' , ' ",' .' , ' ~ /", , "', ~ '
III L. :i 2 . III I:. 2 5 . 0 55? b I: 5 b ? :i :i 0 . :i III
r....
PAYMENT IS FROM WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE
QUESTIONS? CALL (360) 586-3164
--0560
REMITTANCE ADVICE
VENDOR COPY
PAYEE
CITY OF BREMERTON
VENDOR NUMBER
0000054382-00
BATCH WARRANT #
08-589 567330M
PAYMENT DATE
01 20 2009
INV DATE INVOICE # - MESSAGE ACCOUNT # PAYMENT 10 DOCUMENT # AMOUNT
01 16 09 FY 09 CITY GRANT 812 15,000.00
15,000.00 lE
.
"
DATE SUBMITTED:
BILL #
Dcr - 07Cf
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SJ,f
.......................................................................................1
SUBJECT: Contract for Professional
Services - Legal Representation for Indigent
Persons
Committee Meeting Date: 04/08/2009
COUNCIL MEETING Date: 04/15/2009
Department: Municipal Court
Presenter: Theresa Ewing
Phone: 473-5242
SUMMARY: The Office of RovanglFong and Associates and the City of Bremecton are entering
into a Contract for Professional Services - Legal Representation for Indigent Persons. This contract
will be for the 2009 year and is to be renegotiated by December 31 st, 2009.
ATTACHMENTS:
Contract for Professional Services - Legal Representation for Indigent Persons between RovanglFong
and Associates and the City of Bremerton
FISCAL IMPACTS (Include Budgeted Amount): Budget Amount: $190,000 to be paid in
$15833.33/month installments over the 12 month period.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~<
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve the contract for Professional Services - Legal Representation for Indigent Persons .
between RovanglFong and Associates and the City of Bremerton and authorize the Mayor to finalize
and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: D Approve 0 Deny D Table D Continue D No Action
City of Bremerton
Public Defense Services
2009 Contract for Services
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Table of Contents
DEFINITIONS 2
PUBLIC DEFENSE STANDARDS 4
DURATION OF CONTRACT 4
SCOPE OF WORK 4
PERFORMANCE AND QUALIFICATIONS 6
PAYMENT 9
REPORTING REQUIREMENTS 9
OPERATING BUDGET 11
INTERNAL CONTROL AND ACCOUNTING SYSTEM 11
ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS 11
OTHER EMPLOYMENT 11
CORRECTIVE ACTION 12
TERMINATION AND SUSPENSION 12
DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) 14
EQUAL EMPLOYMENT OPPORTUNITY 14
OTHER LEGAL REQUIREMENTS 14
INDEMNIFICATION 15
INSURANCE 15
ESTABLISHMENT AND MAINTENANCE OF RECORDS 15
AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS 16
CONTRACTUAL RELATIONSHIP 17
ASSIGNMENT AND SUBCONTRACTING 17
INVOL VEMENT OF FORMER CITY EMPLOYEES 17
NO CONFLICT OF INTEREST 18
ERRORS & OMISSIONS; CORRECTION 18
CONFIDENTIALITY 18
EXTRA WORK 18
MISCELLANEOUS PROVISIONS 19
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2009 CONTRACT FOR
CITY OF BREMERTON PUBLIC DEFENSE SERVICES
WHEREAS, this Contract is made and entered into by and between The City of Bremerton ("the
City"), a Washington municipal corporation and Rovang Fong & Associates ("Public
Defender"), whose address is 569 Division Street, Suite A, Port Orchard, W A 98366.
WHEREAS, the City desires to have legal services, as described in the Contract, performed for
indigent persons legally entitled to appointed representation in the City of Bremerton, by Rovang
Fong & Associates, as an independent contractor.
WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to
this Contract are provided for the sole purpose of provision of legal services to indigent persons
prosecuted with crimes in Bremerton Municipal Court.
NOW, THEREFORE, in consideration ofthe mutual benefits to be derived, the promises and
covenants contained herein, and other good and valuable consideration, the parties CONTRACT
AND AGREE as follows:
Section 1: DEFINITIONS
A. Case Assignment: A case assignment is that particular case assigned by the City.
B. Case Credit: Case credit is a unit of work. The total number of units that each attorney is
expected to perform is listed in the case credit workload standards.
C. City: City is the City of Bremerton.
D. Client: An indigent person who has been assigned to the Public Defender by the City.
E. Completed Case: A completed case involves all necessary legal action from arraignment
through disposition or the necessary withdrawal of counsel after the substantial delivery oflegal
services. This includes the filing of a notice of appeal upon the client's request, application to
proceed in forma pauperis on appeal, and a motion for appointment of appellate counsel.
F. Contract Administrator: Contract Administrator is the City of Bremerton Municipal
Court Administration.
G. Court: Court is the Municipal Court ofBremerton.
H. Criminal Case: A case is anyone charge or series of related charges filed against one
defendant/respondent.
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I. Criminal Case Disposition: Case disposition shall mean the dismissal of charges, the
entering of an order of deferred prosecution, an order or result requiring a new trial, imposition
of sentence or deferral of same, or dispositional continuance and any other hearing onLhat-caus~e~
number.
1. A restitution hearing ordered at the time of original disposition shall be included
as part of the case credit as defined by this disposition description. It shall include the filing of a
notice of appeal, if applicable.
J. Discovery: Discovery consists of those reports, letters, memorandums, after-action
reports, incidents reports, witness statements, officers' statements, expert witness reports which
the City Prosecutor is obligated to provide on a continuing basis under the City or State code and
pursuant to the State and Federal Constitutional requirements.
K. Legal Service: Legal service is legal representation provided by an individual, licensed
attorney and associated paraprofessional staff to an individual client, pursuant to a case
assignment or court appointment. The attorney will be required by the Public Defender to satisfy
the Code of Professional Responsibility, the law of the State of Washington and the United
States in the full discharge of the duties to each individual client under this Contract.
L. Indigent Defendant: An indigent defendant is a person determined indigent by the Court,
as being eligible for a court-appointed attorney, pursuant to RCW 10.101.
M. Mayor: Mayor is the Mayor of Bremerton or designee.
N. Misdemeanor Practice Area:
1. Misdemeanor Case: Any criminal case' filed by the Bremerton City Attorney or
designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor.
2. Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of
appeal, if necessary, perfecting the record following the filing of the notice of appeal, preparation
of the transcript pursuant to Rule 6.3a RALJ, preparing such briefs and memoranda as are
required, arguing the case in Superior Court, and handling such paperwork as the Superior
Court's decision and orders direct.
3. Misdemeanor Writ: A writ involves filing notice, perfecting the record, preparing
such briefs and memoranda as required, arguing the case in Superior Court and handling such
paperwork as the Superior Court's decision and orders direct.
O. Paraprofessional Staff: Investigators, social workers and paralegals.
P. Public Defender: The Public Defender is Rovang Fong & Associates.
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Section 2: PUBLIC DEFENSE STANDARDS
The City adopts the following standards for the delivery of Public Defense Services, pursuant to
RCW 10.101.030:
A. Compensation of Counsel: Compensation of counsel shall be in accordance with the
schedule set forth in Attachment 1.
B. Duties and Responsibilities of Counsel: The duties and responsibilities of counsel shall be
in accordance with this agreement.
C. Caseload Limits: Public Defender caseloads for Bremerton misdemeanor cases shall be
no higher than 450 case credits per-attorney per-year. The supervising attorneys shall not carry a
caseload.
D. Responsibilitv for Expert Witness Costs: After approval by the Court, expert witness fees
will be paid by the City.
E. Attornevs and Staff: The Public Defender shall provide two attorneys and one
paraprofessional staff person to provide services pursuant to this contract.
G. Supervision: The Public Defender shall provide supervising attorneys at the following
standards: one supervisor for every two attorneys.
Section 3: DURATION OF CONTRACT
This Contract shall commence on the first (1st) day of January 2009 and terminate the thirty-first
(31 st) day of December 2009 unless extended or terminated earlier pursuant to the terms and
conditions of this Contract.
Section 4: SCOPE OF WORK
A. Purpose: The purpose of this agreement is to provide legal services through effective
assistance of counsel to indigent persons. Legal Services shall be statutorily and constitutionally
based.
B. Professional Conduct:
1. The Public Defender shall provide the services of attorneys and staff members in
compliance with all ofthe applicable laws and administrative regulations of the State of
Washington, the United States, Bremerton Municipal Code, and the Washington State Rules for
Professional Conduct (RPC).
2. Nothing in this contract shall be construed to impair or inhibit the exercise of
independent, professional judgment by an attorney employed by the Public Defender with
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respect to any client wherein an attorney-client relationship has been established pursuant to the
terms of this Contract.
3. Nothing in this contract shall require or permit, without the consent ofthe client,
access to or disclosure of any confidential communication made by a client to any attorney
employed by the Public Defender or any such confidential communications made to agents or
employees of the Public Defender for such attorney; the advice given by an attorney to a client;
or any other statements and materials privileged from disclosure in a court oflaw.
4. Attorneys and staff employed by the Public Defender shall not solicit or accept
any compensation, gifts, gratuities or services from any client.
C. Eligible Population: The population served shall be indigent persons legally entitled to
appointed legal services in Bremerton Municipal Court, as assigned by the Court.
D. Case Assignment: The Public Defender shall accept case assignments, including case
assignments above the projected variance levels. The City shall pay the Public Defender for
work in excess of the variance levels of this Contract.
E. Conflicts: The Public Defender reserves the right to decline to advise or represent any
client on the basis of actual legal, ethical, or professional conflict of interest. The Public
Defender shall be responsible for checking for conflicts and identifying if a conflict exists. The
Public Defender shall have a written policy which explains how they define conflict cases. This
policy must be approved by the Contract Administrator. The Public Defender shall perform a
conflicts check before any substantial work is done on the case. No payment shall be made for
work done on cases which are subsequently identified as conflicts with the exception of cases in
which (after work has been performed) the client obtains a new attorney at his own expense or
through a request to the Court; or for other extraordinary circumstances approved by the City
including, but not limited to, information or evidence which defense counsel could not have
reasonably known or discovered at the time of the initial conflicts check.
F. Duties and Responsibilities of the Public Defender: In order to perform its
responsibilities under the Contract, the Public Defender shall have the power and duty to:
1. Hire all Public Defender personnel;
2. Provide fiscal management; establish compensation of personnel; maintain
payroll records and provide payments for all personnel including withholding of income taxes,
payment of social security taxes, payment of worker compensation and industrial insurance taxes
(where applicable), and fringe benefits;
3. Supervise and maintain the quality of staff and services received or performed,
and provide internal evaluation sessions as necessary;
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4. Suspend remove, or terminate personnel not adequately performing the duties and
responsibilities assigned, mishandling funds, engaging or condoning misconduct, or whose
conduct or continued performance of duties is detrimental to the Public Defender program;
5. Accept and represent all cases and clients officially referred by the Court unless
withdrawal from such representation is allowed in accordance with provisions as stated above;
6. In the event that this contract is terminated or not renewed, complete the
representation of all clients who have been referred by the Court during the period in which the
contract is in effect for the compensation received or receivable under the terms of the Contract,
provided that completed representation is not made impossible by a client's failure to appear.
G. Duties and Responsibilities of Public Defender Attorneys: In order to perform their
duties under this Contract, staff attorneys of the Public Defender shall:
1. Counsel and represent in all ensuing criminal proceedings before appeal those
clients who are officially referred by the Court. Such services include, but are not limited to:
preparation for and representation of the client at the pretrial hearings, trial and at sentencing
hearings or any other related proceedings. .
2. Use City funding to represent clients only in criminal mattersqn Bremerton
Municipal Court. Attorneys shall not use City funding to represent clients in any matter which is
civil in nature.
3. Counsel clients with regard to their rights to appellate review and file any
necessary notice for appellate review when requested by a client.
Section 5: PERFORMANCE AND QUALIFICATIONS
A. Practice Standards and Records
1. The Public Defender shall ensure that all attorneys, paraprofessional staff and
supervisors shall maintain contemporaneous records of all legal services provided on a specific
case. The records shall provide a factual description ofthe work done and shall be sufficiently
detailed to allow monitoring oflegal service activity by the Contract Administrator.
2. Upon closing a case, all attorney, paraprofessional and supervisor files associated
with the case shall be cross referenced and accessible as a whole for monitoring by the Contract
Administrator.
3. The Public Defender shall establish practice standards to address the following
substantive areas of contract compliance. The practice standards shall set objective expectations
for each position and shall be measurable by objective means. With each practice standard, the
Public Defender shall include a procedure for monitoring compliance with the standard. Written
practice standards are due to the Contract Administrator for review by July 1, 2009. Practice
standards should address the following areas:
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a. Attorney practice, including but not limited to;
1. Lawyer-client relationship, initial case actions, investigation and
preparation, preliminary hearings; disposition without trial; trial;
post conviction or fact finding and any other areas of attorney
practice deemed appropriate by Public Defender management or
Board.
11. Attorney use of paraprofessionals and expert service.
b. Paraprofessional practice.
c. Supervision of attorneys and paraprofessionals.
4. The Public Defender agrees that, within available resources, reasonable efforts
will be made by the Public Defender to continue the initial attorney assigned to a client
throughout any case in which representation is undertaken. The Public Defender is not
prohibited from rotating attorneys or from assigning a single attorney to handle various aspects
of legal proceedings for all indigent persons where such method of assignment is the most
reasonable method of obtaining effective legal representation for indigent persons.
5. A member of the Public Defender staff shall visit any assigned in-custody
criminal defendant and obtain basic contact and other fundamental intake information for a bond
hearing within one (1) working day from notification to the Public Defender of the assignment of
the case and the in-custody status of the client. This provision applies to clients in custody at any
facility within Kitsap County.
6. The Public Defender attorneys shall make contact with all assigned clients within
five (5) working days from a case assignment or no later than the day prior to the first pretrial
hearing whichever comes first.
7. The Bremerton City Attorney's Office or designee is responsible for making a
copy of discovery available to the Public Defender. The Public Defender shall obtain discovery
as soon as possible after case assignment but no later than three (3) business days of the
assignment, whether initial or subsequent, on any case. The Public Defender shall obtain a copy
of discovery at arraignment if available.
8. Discovery shall be reviewed within five (5) days after receipt for purposes of
determining any conflicts of interest. The Public Defender shall notify the Contract
Administrator immediately of any conflict of interest as defined by the Washington State Rules
of Professional Conduct. The Public Defender shall provide the Contract Administrator with a
written explanation stating the basis for the conflict in its notification. .
9. The Public Defender shall establish and enforce policies and procedures to ensure
that attorney time and other Defender resources funded by this Contract shall only be used for
work which is authorized by this Contract.
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10. The Public Defender shall ensure that a preliminary written response to any
written complaints concerning services provided by the employees of the Defender or the
Defender itself shall be submitted to the Contract Administrator within three (3) working days of
the date the complaint is received by the Public Defender. Written complaints include e-mail
communications from the Contract Administrator. The Contract Administrator shall copy the
two supervising attorneys on any complaints sent to the Public Defender.
11. The Public Defender shall establish policies ~d procedures for pro-bono work
provided by staff of the Public Defender. These policies and procedures shall assure that any
such pro bono work is not provided to the exclusion or detriment oflegal services that are the
subject of this Contract.
B. Minimum Attorney Qualifications:
1. Every attorney providing indigent defense services must be a licensed member of
the Washington State Bar and be a member in good standing of the Bar.
2. Every Public Defender attorney shall satisfy the minimum requirements for
practicing law in Washington as determined by the Washington Supreme Court; seven (7) hours
of each year's required continuing legal education credits shall be in courses relating to criminal
law practice or other areas of law in which the Public Defender provides legal services to clients
under the terms of this Contract or is approved by the Washington State Office of Public
Defense. The Public Defender will maintain for inspection on its premises records of
compliance with this provision.
3. The Public Defender may employ interns pursuant to Admission to Practice Rule
(APR) 9. No more than 5% of the cases handled by the Public Defender may be assigned to Rule
9 interns.
4. The Public Defender attorneys who supervise the misdemeanor attorneys must
have at least three years of criminal defense experience in superior, district or municipal courts in
Washington State. .
5. Unless prior written approval has been granted by the Contract Administrator, no
attorney may provide services under this contract if that attorney has been removed from
representation in a case for failure to perform basic services necessary to the case or to the client,
or in any manner has been found to be ineffective on appeal by either an ethics panel or by an
appellate court.
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C. Evaluations:
The Public Defender Supervisor, or hislher designee, shall evaluate the professional performance
of Public Defender attorneys and paraprofessional staff annually. Attorney evaluations should
include monitoring of time and caseload records, review of case files, quality of case preparation,
as well as in-court observation. Paraprofessional evaluations shall be sufficiently comprehensive
to assess the quality of the actual work performed. The Contractor shall submit to the City a
summary report of the annual attorney performance evaluations. The Contractor shall make
available to the City its evaluation criteria and evidence evaluations were conducted, although all
evaluations are to be confidential between the Contractor's director and the Contractor attorney.
Section 6: PAYMENT
A. In 2009, the City shall reimburse the Public Defender for the services as specified in
Section 4, Scope of Work, in the amount not to exceed $190,000.
Any obligation by the City to provide any amount beyond what is available is specifically
conditioned on passage by the Bremerton City Council of a supplemental appropriation. In the
event that no additional funds are available, the caseloads and payments as currently described
shall be renegotiated to reflect total funds available.
B. The Public Defender shall provide the City with a certification of completed case
assignments twenty (20) working days after the close of each calendar month. The City will pay
the Public Defender by the thirtieth (30) working day of the following month.
,
C. The Public Defender will receive no fee for a misdemeanor case when the Court
dismisses the case upon the motion of the prosecuting attorney before any legal services have
been provided.
D. In the event of failure to comply with any items and conditions of this Contract or to
provide in any manner the work or services as agreed to herein, the City reserves the right to
withhold any payment until the City is satisfied that corrective action has been taken or
completed. This option is in addition to and not in lieu of the City's right to termination as
provided in Section 13 of this Contract.
Section 7: REPORTING REQUIREMENTS
Case Management System: The Public Defender will use a case management system that will
allow them to file the monthly report described below electronically.
Reporting: As of July 1, 2009, the Public Defender will provide the City with monthly
electronic reports in spreadsheet format on all closed cases. Cases must be closed within 60 days
after the last hearing on the case. These reports must contain:
· Defendant's name
· Cause number( s)
(I Criminal charges filed
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· If it was a probation review hearing
· Disposition of each charge
It Number of court hearings
· Number of failures to appear and warrants issued
· Defendant's jail custody status prior to sentencing
· Bench Trial, Jury Trial, Plea or Dismissal
· If dismissal, reason for the dismissal
· Whether an appeal was filed
· Attorney( s) name( s)
· Date case assigned
· Date case closed
· Hours spent by attorney
· Hours spent by each type of support staff, investigators, social workers, or
paralegals
As of July 1,2009, the Public Defender must provide the Contract Administrator the reports
described below.
Report Title Due Date
Open and Closed Case Reports including Monthly (by 20th day of the following month)
attorney assignment
Expenditure Reports Monthly
Additional Credit Forms (used if the Court Monthly
appoints a public defender to a case)
Certification of Case Credits (certs) Agency response 10 days after receipt of Certs
from OPD
Quarterly Case Credit and Case Allocation Quarterly (April, July, October, January)
Report
Salary and Staff Position Reports, including Quarter! y
calendar coverage
Year-end Report of Reserve Accounts and January
Operating Accounts
Year-end Attorney Case Assignment Report January
Year-End Closed Case Report January
Annual Financial Statements, IRS Form 990, August
Audit Report including management letters
Additional summaries, reports or documents as Varies
requested by the Contract Administrator with
reasonable notice
The City of Bremerton, or any of its duly authorized representatives, shall have access to any
such books, records and documents for inspection, audit and copying. The report is due on or
before the twentieth (20th) day of the following month for services of the prior month. Payment
may be withheld if reports are not submitted on time.
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The Public Defender will immediately notify the Contract Administrator in writing when it
becomes aware that a complaint lodged with the Bar Association has resulted in reprimand,
suspension, or disbarment of an attorney providing services under this Contract.
Section 8: OPERATING BUDGET
The funds provided by the City to the Public Defender pursuant to the terms of this Contract are
solely for expenses that are directly and legitimately related to the performance of the provisions
of this Contract. In the event the City determines that funds paid pursuant to this Contract were
expended for any purposes other than those set forth in this Contract, such expenditure shall
constitute a material breach of this Contract. Income and expenses, including prorated overhead
costs, for the Bremerton Municipal Court cases shall be reported and traceable in a method
consistent with accounting standards noted below. If the Public Defender receives any revenue
from any other source, the costs paid, including prorated overhead, for work done with that
revenue shall be reported and traceable according to the accounting standards noted below.
Section 9: INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Public Defender shall establish and maintain a system of accounting and internal controls
that comply with generally accepted accounting principles and financial reporting standards
applicable to publicly supported not-for-profit corporations as prescribed by the Financial
Accounting Standards Board.
Section 10: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS
All official notices under this Contract shall be delivered to the following addresses (or such
other address( es) as either party may designate in writing):
Ifto City:
City of Bremerton
345 6th Street, Suite 600
Bremerton, VVA 98337
If to the Public Defender:
Rovang F ong & Associates
569 Division Street, Suite A,
Port Orchard, VV A 98366
Section 11: OTHER EMPLOYMENT
The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall
have as their primary employment representation of indigent clients in Bremerton Municipal
Court. The Public Defender further agrees that it will abide by all provisions ofthis Contract
regarding Personal Performance ofthis Contract.
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Section 12: CORRECTIVE ACTION
If the City believes that a breach of this Contract has occurred, and if the City believes said
breach to warrant corrective action, the following sequential procedure shall apply:
A. The City will notify the Public Defender in writing of the nature of the breach;
B. The Public Defender shall respond in writing within three (3) workIng days of its receipt
of such notification, which response shall indicate the steps being taken to correct the specified
deficiencies, and the proposed completion date for bringing the Contract into compliance, which
date shall not be more than ten (10) working days from the date of the Public Defender's
response;
C. The City will notify the Public Defender in writing of the City's determination as to the
sufficiency of the Public Defender's corrective action plan. The determination of the sufficiency
of the Public Defender's corrective action plan will be at the sole discretion of the City; however,
the City's determination of the sufficiency ofthe Public Defender's corrective action plan shall
take into consideration the reasonableness of the proposed corrective action, in light of the
alleged breach. In all cases where corrective action is determined by the City to be appropriate,
the City shall work with the Public Defender to implement the plan;
D. In the event that the Public Defender does not respond within the appropriate time with
the corrective action plan, or the Public Defender's corrective action plan is determined by the
City to be insufficient, the City may commence termination of this Contract in whole or in part
pursuant to Section 13 (A) Termination and Suspension;
E. In addition, the City may withhold any payment owed the Public Defender or prohibit the
Public Defender from incurring additional obligations of funds until the City is satisfied the
corrective action has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 13 Termination and Suspension.
Section 13: TERMINATION AND SUSPENSION
A. The City may terminate this Contract in whole or in part upon ten (10) days' written
notice to the Public Defender in the event:
1. The Public Defender substantially breaches any duty, obligation, or service
required pursuant to this Contract.
2. The Public Defender engages in misappropriation of funds or fraudulent
disbursement of funds.
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3.
feasible.
The duties, obligations, or services herein become impossible, illegal, or not
4.
The City determines that the Public Defender Services are no longer necessary.
Before the City terminates this Contract pursuant to subsection 13. A. - Termination and
Suspension, the City shall provide the Public Defender written notice oftermination, which
notice shall include the reasons for termination and the effective date of termination. The Public
Defender shall have the opportunity to submit a written response to the City within (10) working
days from the date ofthe City's notice. If the Public Defender elects to submit a written
response, the Contract Administrator will review the response and make a determination within
ten (10) days after receipt of the Public Defender's response.
In the event this Contract is terminated in whole or in part pursuant to Subsection A of this
Section, the Public Defender shall be liable for damages, including the reasonable costs of the
procurement of similar services from another source unless it is determined by the Contract
Administrator that (i) no default actually occurred, or (ii) the failure to perform was without the
Public Defender's control, fault or negligence.
B. In the event that for any reason, expected or actual funding from any source, not to
include funding appropriated by the City from City funds, shall be reduced, withdrawn,
suspended, or otherwise not available, the City may suspend or terminate any portion of this
Contract which relies on the reduced, withdrawn, suspended, or otherwise unavailable funds.
The City will notify the Public Defender in writing that the specific funding is no longer
available for all or part of this Contract, and upon receipt of such notice, the Public Defender will
be released from performing the services required under the tem1S of this Contract which relied
upon such funding. The City will be released from contracted liability with the Public Defender
for cases not yet assigned pursuant to portions of this Contract for which funds have not been
received by the City.
In the event that any such termination or suspension is required, the termination or suspension of
services required to be performed under the terms of this Contract shall be limited to such
services that directly rely on such funding; the balance ofthis Contract shall remain in full force
and effect.
C. In the event of the termination or suspension of this Contract, the Public Defender shall
remit any unexpended balance of funds paid for cases assigned and not completed, less the
amount the City and the Public Defender agree shall be necessary to deliver services in those
cases. The Contract Administrator may request the Public Defender to attempt to withdraw from
any case assigned and not completed. Provided that, should a court require, after the Public
Defender has attempted to withdraw, the appearance of counsel from the Public Defender for any
client previously represented by the Public Defender where such representation is no longer the
obligation of the Public Defender pursuant to the terms of this Contract, the City will honor
payment to the Public Defender upon judicial verification that continued representation is
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required. The amount to be paid to the Public Defender shall be on the same basis as assigned
counsel payments.
D. In the event that termination is due to misappropriation of funds, non-pyrformance of the
scope of services, or fiscal mismanagement, the Public Defender shall return to the City those
funds, unexpended or misappropriated, which, at the time of termination, have been paid to the
Public Defender by the City.
E. Otherwise, this Contract shall terminate on the date specified herein, and shall be subject
to extension only by mutual agreement of both parties hereto in writing.
F. Nothing herein shall be deemed to constitute a waiver by either party of any legal right or
remedy for wrongful termination or suspension of the Contract.
H. In the event of termination, suspension, or non-renewal of this Contract, all cases not
required to be completed by the Public Defender shall be returned to the Contract Administrator
for reassignment.
Section 14: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION)
A. The Public Defender shall address questions or claims regarding meaning and intent of
the Contract or arising from this Contract in writing to the City Contract Administrator, within
ten (10) calendar days of the date in which the Public Defender knows or should know of the
question or claim. The City will ordinarily respond to the Public Defender in writing with a
decision, but absent such written response, the question or claim shall be deemed denied upon
the thirtieth day following receipt by the City.
Section 15: EQUAL EMPLOYMENT OPPORTUNITY
A. The Public Defender shall not discriminate against any employee or applicant for
employment because of race, religion, creed, age, color, sex, marital status, sexual orientation,
gender identity, political ideology, ancestry, national origin, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification.
Section 16: OTHER LEGAL REQUIREMENTS
A. General Requirement: The Public Defender, at no expense to the City, shall comply with
all applicable laws of the United States and the State of Washington; the Charter and ordinances
of The City of Bremerton; and rules, regulations, orders, and directives of their administrative
agencies and the officers thereof. Without limiting the generality of this paragraph, the Public
Defender shall specifically comply with the following requirements of this section.
B. Licenses and Similar Authorizations: The Public Defender, at no expense to the City,
shall secure and maintain in full force and effect during the term of this Contract all required
licenses, permits, and similar legal authorizations, and comply with all requirements thereof.
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Section 17: INDEMNIFICATION
The Public Defender does hereby release and shall defend, indemnify, and hold the City and its
employees and agents harmless from all losses, liabilities, claims (including claims arising under
federal, state or local environmental laws ), costs (including attorneys' fees), actions or damages
of any sort whatsoever arising out ofthe Public Defender's performance of the services
contemplated by this Contract to the extent attributable to the acts or omissions, misconduct or
breach of this Contract by the Public Defender, its servants, agents, and employees. In
furtherance of these obligations, and only with respect to the City, its employees and agents, the
Public Defender waives any immunity it may have or limitation on the amount or type of
damages imposed under any industrial insurance, worker's compensation, disability, employee
benefit or similar laws. The Public Defender acknowledges that the foregoing waiver of
immunity was mutually negotiated and agrees that the indemnification provided for in this
section shall survive any termination or expiration of this Contract.
Section 18: INSURANCE
Insurance certification required. The Public Defender must carry the following coverages
and limits of liability:
· General Liability with a minimum limit of liability of$l,OOO,OOO combined single
limit each occurrence bodily injury and property damage.
e Automobile Liability covering owned and non-owned vehicles with a minimum limit
ofliability of $1 ,000,000 combined single limit each occurrence bodily injury and
property damage.
e Professional Liability (Errors, and Omissions) for attorneys with a minimum limit of
liability of $2,000,000 each claim.
G "\\1 orkers' Compensation per statutory requirements of the Washington industrial
insurance RCW Title 51.
Section 19: ESTABLISHMENT AND MAINTENANCE OF RECORDS
A. The Public Defender shall maintain accounts and records, including personnel, property,
financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed in the performance of this
Contract.
B.. The Public Defender further covenants and agrees that it shall maintain all records which
sufficiently and properly reflect all costs and indirect costs of any nature for any subcontracts or
personal service contracts. Said records shall include, but not be limited to, documentation of
any funds expended by the Public Defender for said personal service contracts or subcontracts,
documentation of the nature of the service which is rendered, and records which demonstrate the
15
amount of time spent by each subcontractor or personal service contractor rendering service
pursuant to the subcontract or personal service contract.
C. These records shall be maintained for a period of (6) years after termination hereof unless
permission to destroy them is granted by the Office of the Archivist in accordance with RCW
Chapter 40.14. .
D. Willful failure to maintain or produce records or other required documentation during the
time for maintenance of records may result in specific, related costs being disallowed. In the
event the City has reason to believe that such a failure exists, notice shall be given to the Public
Defender and the Public Defender shall respond in writing. The time for notification and
response shall be the same as set forth in Section 13.A
Section 20: AUDITS. RECORDS. AND ANNUAL FINANCIAL STATEMENTS
A. The Public Defender shall maintain records and accounts in accordance with accepted
accounting practices, including records of the time spent by the Public Defender on each case.
The Public Defender must ensure that the City has full access to materials necessary to verify
compliance with all terms of this contract. At any time, upon reasonable notice during business
hours and as often as the City may deem necessary for a period of six (6) years, the Public
Defender shall provide to the City right of access to its facilities, including those of any
subcontractor, to auditing records, data, invoices, materials, payrolls and other data relating to all
matters covered by this contract. Provided that if any such data, records or matelials are subject
to any privilege or rules of confidentiality the Public Defender must maintain such data in a form
or manner to provide same to the City that will not breach such confidentiality or privilege.
The Public Defender shall maintain such data and records in an accessible location and condition
for a period of not less than six (6) years following the receipt of final payment under this
Contract, unless the City agrees in writing to an earlier disposition.
The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public
Defender's performance under this Contract and to make available all information reasonably
required by any such evaluation process or ongoing reporting requirements established by the
City. The results and records of said evaluations and reports shall be maintained and disclosed in
accordance with RCW Chapter 42.17.
Notwithstanding any of the above provisions of this paragraph, all Constitutional, statutory,
and common law rights and privileges of any indigent client are not waived. Provided
further that nothing in this section shall require the disclosure of the names of any client
represented pursuant to RCW 13.34 et seq, or RCW 71.02 et seq, or RCW 71.05 et seq.
B. All such reports as are required under the terms of this Contract shall be submitted to the
City via electronic media (e-mail attachment or diskette) within the time limits for each report.
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Section 21: CONTRACTUAL RELATIONSHIP
The relationship of the Public Defender to the City by reason of this Contract shall be that of an
independent contractor. This Contract does not authorize the Public Defender to act as the agent
or legal representative of the City for any purpose whatsoever and neither the Public Defender
nor its employees shall be deemed employees of the City. The Public Defender is not granted
any express or implied right or authority to assume or create any obligation or responsibility on
behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. It is
expressly understood and agreed that the Public Defender and the Public Defender's employees
shall in no event be entitled to any benefits to which City employees are entitled, including, but
not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave
or leave benefits. The Public Defender shall complete this Contract according to the Public
Defender's own means and methods of work, which shall be in the exclusive charge and control
of the Public Defender and which shall not be subject to control or supervision by the City,
except such requirements for performance as are specified in this City.
The Public Defender agrees that it has secured or will secure at the Public Defender's own
expense, all persons, employees, and equipment required to perform the services
contemplated/required under this Contract. The Public Defender further agrees that any
equipment or materials acquired with funds provided by this Contract shall be utilized for the
purpose of perf01111ing the services contemplated/required by this Contract.
Section 22: ASSIGNMENT AND SUBCONTRACTING
The Public Defender shall not assign or subcontract any of its obligations under this Contract
without the City's written consent, which may be granted or withheld in the City's sole
discretion. Said consent must be sought in writing by the Public Defender not less than fifteen
(15) days prior to the date of any proposed assignment. Any subcontract made by the Public
Defender shall incorporate by reference all the terms of this Contract. The Public Defender shall
ensure that all subcontractors comply with the obligations and requirements of the subcontract.
The City's consent to any assignn1ent or subcontract shall not release the Public Defender from
liability under this Contract, or from any obligation to be performed under this Contract, whether
occurring before or after such consent, assignment, or subcontract.
Section 23: INVOLVEMENT OF FORMER CITY EMPLOYEES
A. The Public Defender shall promptly notify the City in writing of any person who is
expected to perfOlm any of the Work funded by this contract and who, during the twelve (12)
months immediately prior to the expected commencement date of such work or subcontract, was
a City officer or employee.
B. The Public Defender shall ensure that no Work or matter related to the Work funded by
this contract is performed by any person (employee, subcontractor, or otherwise) who:
(1) was a City officer or employee within the past twelve (12) months; and
17
(2) as such was officially involved in, participated in, or acted upon any matter
related to the Work.
Section 24: NO CONFLICT OF INTEREST
The Public Defender confirms that the Public Defender does not have a business interest or a
close family relationship with any City officer or employee who was, is, or will be involved in
the Public Defender selection, negotiation, drafting, signing, administration, or evaluating the
Public Defender's performance. As used in this section, the term "Public Defender" shall include
any employee of the Public Defender who was, is, or will be involved in the negotiation,
drafting, signing, administration, or performance of the Contract. As used in this section, the
term "close family relationship" refers to the following: spouse or domestic partner; any
dependent parent, parent-in-law, child, son-in-law, or daughter-in-law; or any parent, parent-in-
law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of a City officer or
employee described above.
Section 25: ERRORS & OMISSIONS: CORRECTION
The Public Defender shall be responsible for the professional quality of all services furnished by
or on the behalf of the Public Defender under this Contract. The Public Defender, without
additional compensation, shall correct or revise any Public Defender services immediately upon
notification by the City. The obligation provided for in this section with respect to any acts or
omissions during the term of this Contract shall survive any termination or expiration of this
Contract.
Section 26: CONFIDENTIALITY
The parties agree that they will not permit the duplication or disclosure of any information
designated in advance by the other party as "Confidential and Proprietary" to any person (other
than its own employee, agent, or representative who must have such information for the
performance of that party's obligations hereunder) unless such duplication, use or disclosure is
specifically authorized in writing by the other party or is required by law. "Confidential and
Proprietary" information does not include ideas, concepts, know-how or techniques related to
infonnation that, at the time of disclosure, is in the public domain unless the entry of that
information into the public domain is a result of any breach of this Contract. Likewise,
"Confidential fu'1d Proprietary" information does not apply to information that is independently
developed, already possessed without obligation of confidentiality, or rightfully obtained from a
third party without an obligation of confidentiality.
Section 27: EXTRA WORK
The City may desire to have the Public Defender perform work or render services in connection
with this project other than that expressly provided for in the "Scope of Work" section of this
Contract. This wiJI be considered extra work, supplemental to this Contract, and shall not
proceed unless authorized by an amendment. Any costs incurred due to the performance of extra
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work prior to execution of an amendment will not be reimbursed under this Contract or an
amendment.
Section 28: MISCELLANEOUS PROVISIONS
A. Amendments: No modification of this Contract shall be effective unless in writing and
signed by an authorized representative of each of the parties hereto.
B. Binding Agreement: This Contract shall not be binding until signed by both parties. The
provisions, covenants and conditions in this Contract shall bind the parties, their legal heirs,
representatives, successors, and assigns.
C. Applicable Law/Venue: This Contract shall be construed and interpreted in accordance
with the laws of the State of Washington. The venue of any action brought hereunder shall be in
the Superior Court for Kitsap County.
D. Remedies Cumulative: Rights under this Contract are cumulative and nonexclusive of
any other remedy at law or in equity.
E. Captions: The titles of sections are for convenience only and do not define or limit the
contents.
F. Severabili1y.;. If any term or provision of this Contract is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Contract shall not be
affected thereby, and each term and provision of this Contract shall be valid and
enforceable to the fullest extent permitted by law.
G. Waiv~:c. No covenant, term or condition or the breach thereof shall be deemed waived,
except by written consent of the party against whom the waiver is claimed, and any waiver of the
breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or
succeeding breach of the same or any other covenant, term or condition. Neither the acceptance
by the City of any performance by the Public Defender after the time the same shall have
become due nor payment to the Public Defender for any portion of the Work shall constitute a
waiver by the City of the breach or default of any covenant, term or condition unless otherwise
expressly agreed to by the City, in writing.
H. Entire Contract: This document, along with any exhibits and attachments, constitutes the
entire Contract between the parties with respect to the \V ork. No verbal agreement or
conversation between any officer, agent, associate or employee of the City and any officer,
Public Defender, employee or associate of the Public Defender prior to the execution of this
Contract shall affect or modify any of the tenns or obligations contained in this Contract.
1. Negotiated Agreement: The parties acknowledge that this is a negotiated agreement, that
they have had the opportunity to have this Contract reviewed by their respective legal counsel,
and that the terms and conditions of this Contract are not to be construed against any party on the
basis of such party's draftsmanship thereof.
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J. Political Activitv Prohibited: None of the funds, materials, property, or services provided
directly or indirectly under this Contract shall be used in the performance of this Contract for any
partisan political activity or to further the election or defeat of any candidate for public office.
K. Security Access: City shall provide Public Defender three (3) access codes for entry into
the court facility after hours, except that the Public Defender shall provide the names of those
individuals who' will use the access codes.
L. . Parking: City shall provide two (2) parking slots near the Municipal Court for Public
Defender Staff.
IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained
herein, or attached and incorporated and made a part hereof, the parties have executed this
Contract by having their representatives affix their signatures below.
CITY OF BREMERTON
PUBLIC DEFENDER
CARY BOZEMAN, MAYOR
Date:
By:
Its:
Date:
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
R:\Legal\Legal\Contracts\Municipal Court\Public Defender Contract.doc
20
DATE SUBMITTED:
BILL #
Oq- 0 80
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
.......................................................................................1
SUBJECT: INTER-LOCAL
AGREEMENT FOR COURT SECURITY
SERVICES
Committee Meeting Date: 04/8/2009
COUNCIL MEETING Date: 04/15/2009
Department: Municipal Court
Presenter: Theresa Ewing
Phone: 473-5242
SUMMARY: The inter-local agreement between the City of Bremerton and Kitsap County for Court
Security Services is being renewed for the period of March 5, 2009 to March 5,2010 with the option
of extending the initial term for an additional 12 months. The inter-local agreement provides for the
daily security services during business hours for the Municipal Court. The compensation is provided
for in Attachllent A for the years 2009 and 2010.
ATTACHMENTS:
Inter-Local Agreement for Court Security Services (KC089-09) including Attachment A listing fiscal
impacts.
FISCAL IMPACTS (Include Budgeted Amount): Adequate funds are currently included in the 2009
Municipal Court Budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
,0"". OC:
"-J c-_.........
c_. ,,_
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~.
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING
RECOMMENDED MOTION:
Move to approve the Inter-Local Agreement between the City of Bremerton and Kitsap County
and authorize the Mayor to finalize and execute the agreement with the same terms and conditions
as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES
KC-OB9-09
This Agreement is entered into by and between Kitsap County, a political subdivision
of the State of Washington (hereinafter referred to as the COUNTY) and the City of
Bremerton, a Municipal Corporation of the State of Washington, (hereinafter referred to as
the CITY).
WHEREAS, the parties are authorized to enter into agreements for the joint
provision of governmental services pursuant to RCW 39.34, the Interlocal Cooperation Act,
and
- ~ - -,- .~- -, --
WHER~S the County presently employs court securitY officers pursuant to the
authority found .in RCW 9.41.300(b) and pursuant to Resolution Number 82295 of the
Kitsap County Superior Court executed August 25,1995, and
WHEREAS the City desires to contract with the County for the furnishing of a full
time Court Security Officer ,to ,provide security and screening services for the City's
municipal court. Now, therefore the County and the City mutually agree as follows:
Section 1 GENERAL TERMS
1.1 PURPOSE. The purpose of this Agreement is to provide by this
contract the services of a full-time Court Security Officer by the County
to the City under the terms and conditions specified in this Agreement.
1.2 PAYMENT OF COSTS. The City shall reimburse the County the costs
of providing the City with a full-time Step 5 Court Security Officer, the
costs of which are as identified in Attachment A hereto. The -costs
subject to reimbursement shall be subject to such adjustm~ntsas may
be provided for in the County's collective bargaining agreement
covering its employees. Both the County and the City shall be bound
_ by,.the terms and provisionspf the County's collective bargaining
agreement covering court services for Court Security Officers together
with any future amendments or modifications thereto. The City shall
provide coverage for the Court Security Officer during the regular
morning, lunchtime and afternoon breaks of the Court Security Officer
- with anindividual-designated-by the Gity:u
1.3 SUPERVISION OF COURT SECURITY OFFICER. At all times, the
Court Security Officer shall remain an employee of the County and
shall remain under the supervision and control of the Kitsap County
Sheriffs Office: The supervisory contact within the Kitsap County
Sheriff's Office shall be Support Services Sergeant or such other
Kitsap County Sherjffs employee as may be designated.
Bremerton, City, lnterlocal for Security Officer 089-09
- 1 -
1.4 MODIFICATION. The terms oUhis Agreement shall not be altered or
modified unless agreed to in writing by the County and City and such
writing shall be executed with the same for,malities as are required for
the execution of this document.
1.5 APPLICABLE LAW AND VENUE. This Agreement shall be construed
and interpreted in accordance with the laws of the State of Washington
and the venue of any action brought hereunder shall be in the Superior
Court of Kitsap County.
1.6 WAIVER. . The failur~of eit~e~.party to insist upon strict performance of
anybf the terms and conditions of this Agreement shall not be
:construed to be a waiver or relinquishment of same, but the same shall
be and remain ;in full force and effect.
1.7 ENTIRE AGREEMENT. This Agreement (constitutes the entire
agreement'between the City and County regarding the subject matter
of thEn~ontract. Any oral orwrittentepresentations not incorporated in
the contract are specifically excluded.
Section 2 DURATION
2.1' 'This Agreement Shall take affect on March 5,:2009 for an initial period
of 12 months. The City will have the option of extending the initial term
by a period of an additional 12 month(s) by giving written notice to the
County of 'its intention to :extend as provided in' Section 4.1 of this
Agreement. "
Section 3 ".INDEMNIFICATION
3.1 The City:willholdharmless,'indemnify and defend the County, its
.officers,: officials, employees and agents, from and ,against any and all
c1aims;actions,suits,Jiability,loss, expenses; damages and judgments
of'any nature whatsoever,.including reasona,ble costs and attorneys'
fees:indefense thereof for injury; sickness, disability or death to
persons ordamageto property or business, caused by or arising out of
the City'sacts.;~errors 'ot'omissions 'incbflr'lection 'with' the performance
of the contract.
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3.2 The County will hold.harmless,indemnifyand defend the City, its
bfficers, officials, employees and agents, from :andagainst any and all
claims, actions, suits;'liability, loss, expenses,.damag,es and judgments
of any nature whatsoever, including reasonable costs and attorneys'
fees,ln 'defense thereof ''for injury, ~sickness, disability or death to
persons or damage to property or business, caused by or arising out of
Bremerton, City, Interlocal for Security Officer 089-09
-2-
3.3 the. County's acts, errors or omissions In connection with the
performance of the contract.
3.4 The obligations under Section 3 of this Agreement include, but are not
limited to, investigating, adjusting and defending all claims alleging loss
from action, error or omission, or breach of any common law, statutory
or other delegated duty by the parties, the parties' employees, agents
or subcontractors.
Section 4 NOTICES
4.1 All notices required by this Agreement to be given to the County shall
be made in writing and personally delivered or sent by first class mail,
postage prepaid to:
County:
Director of Administrative Services
619 Division Street, MS-7
. Port Orchard, WA 98366
4.2 All notices required by this Agreement to be given to the City shall be
made in writing and personally delivered or sent by first class mail
postage prepaid to:
City:
Court Administrator
900 Pacific Avenue
Bremerton, WA 98337
Section 5 TERMINATION
5.1 Either party of this Agreement may terminate this Agreement by
providing 30 calendar days written notice to the other party as provided
in Section 4 of this Agreement.
5.2 If funding for the underlying project or matter is withdrawn, reduced or
limited in any way after the Contract is signed or becomes effective,
the City. may summarily terminate the Contract notwithstanding any
other termination provision in the Contract. Termination under this
provision will be effective upon the date specified in the written notice
of termination sent by City to the County. No costs incurred after the
effective date of the termination will be paid.
Section 6 SEVERABILITY
Bremerton, City, lnterlocal for Security Officer 089-09
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"6.1 In the event any provision of this Agreement is found invalid or contrary
to law, the remainder of this Agreement shall not be affected thereby.
Dated this _ day of
,2009.
Cary Bozeman
Mayor City of Bremerton
APPROVED AS TO FORM:
Bremerton City Attorney's Office Date
DATED this
ATTEST:
day of
,2009.
BOARD OF COUNTY COMMISSIONERS KITSAP
COUNTY, WASHINGTON
Charlotte Garrido, Chair
Josh Brown, Commissioner..
Steve Bauer, Commissioner
Opal Robertson, Clerk of the Board
APPROVED AS TO FORM:
Deputy Prosecuting Attorney.
. Date
ATTACHMENT A TO
INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES
2009:
The City shall reimburse the County for the wages and employment-based benefits
necessary and incidental to providing the City with a full-time Step 5 court security officer
under the collective bargaining agreement covering court security officers. Those costs are
as follows:
· Wages, benefits, and employer's share of employment taxes (estimated to be
$54,409 per year);
.VnifQHn(e~timated to be $4QO.00),and uniform cleaning (estimated to be $265.00
per year);
· Overtime wages worked; c
· Cost of living increases (COLAs) authorized by the Kitsap County Board of
Commissioners subsequent to this agreement;
· Travel reimbursement, if applicable.
In addition, in the event the court security officer assigned to the City is absent for personal
reasons (e.g., sick and annual leave), the City will pay the County a per diem rate
consisting of the annual wages and benefits of a Step 5 court security officer estimated to
be $209.00 per day (annual salary of $54,409 divided by 260 work days per year) to cover
the sick and annual leave absences.
2010:
Same as 2009 except:
· Wages, benefits, and employer's share of employment taxes (estimated to be
$57,494 per year);
· 2010 per diem rate consisting of the annual wages and benefits of a Step 6 court
security officer estimated to be $221.00 per day (annual salary of $57,494 divided by
260 work days per year) to cover the sick and annual leave absences.
DATE SUBMITTED: March 19,2009
BILL #
0'1-091
51"
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Approval of Voluntary
Separation Request for Jeff Childs
Committee Meeting Date: April 8, 2009
COUNCIL MEETING Date: April 15, 2009
Department: Fire Department
Presenter: Al Duke
Phone: 473-5381
SUMMARY: Jeff Childs of the Bremerton Fire Department has applied for the voluntary separation
program implemented by City Council under Ordinance No. 5068. The program requires that the
position vacated remain vacant for at least one year unless otherwise approved by City Council. The
intent is that the separation results in a quantified ongoing savings for at least one year. It is proposed
that the employee receive a one month incentive payment rather than a three month incentive
payment. The incentive payment would be applied to COBRA payments until that one month of
severance has been expended. The resulting savings from the voluntary separation will be at least
$11,367 for 2009 and $31,197 for 2010.
ATTACHMENTS: Va \v l'\To.ry 54'~ol"\ A-t:Jr-e.e.Yt1.e+cr
FISCAL IMPACTS (Include Budgeted Amount): The General Fund will realize an annual savings
of at least $11,367 for 2009 and $ 31,197 for 2010.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~4
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the voluntary separation request for Jeff Childs.
COUNCIL ACTION: D Approve D Deny D Table
o Continue 0 No Action
.
.
.
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VOLUNTARY SEPARATION AGREEMENT
This AGREEl\tlENT is executed by and between the CITY OF BREl\tIERTON,
W ASHINGT~N, h~reinafter ret:~rred. to as th~ "~ity", ~he IAFF LO,cal 437, he,~einaft~r refer~ee
to as the "Ul1Ion/GuIld", and Jett ChIlds here1l1after referred to as 'Employee on tl1JS 15-
day of p..~f,...f L- , 2009.
WHEREAS, Employee is currently employed by the City and as such is a member of the
Uriion/Guild; and
WHEREAS, the City offers a voluntary separation program pursuant to Ordinance No.
5068 that offers financial incentives to employees who voluntarily separate from City
employment; and
WHEREAS, Employee desires to take advantage of the voluntary separation incentive,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto hereby agree as follows:
1. That Employee acknowledges that they agree to participate 111 the City's voluntary
separation incentive program pursuant to Ordinance No. 5068.
2.
That Employee will separate from City employment effective MA'-/ i
,2009.
3. That Employee acknowledges and understands that the voluntary separation program is a
management tool and not an employee right and that Employee does not have a
contractual right to any financial incentive offered by the City.
4. That Employee's participation is entirely voluntary and that no-one has made any
promises or threats inducing Employee to participate in the program.
5. That Employee acknowledges and understands that accepting the financial incentive
pursuant to the City's voluntary separation program will make Employee ineligible to
receive unemployment compensation.
6. That Employee acknowledges and understands that should Employee return to City Fire
Department, or its successor Regional Fire Authority, if established, service within five
years following the acceptance of a voluntary separation incentive payment, Employee
will be required to repay the incentive payment. Employee may return to employment in
another City department in a non-benefited position. In such case, Employee will not be
required to repay the incentive payment.
7.
That Union/Guild have agreed to Employee's participation in the City's voluntary
separation incentive program as set forth in Ordinance No. 5068.
- I -
8.
That the City will pay to Employee an incentive payment of the equivalent of one month
salary as follows: The City will pay Employee's (not family) COBRA payment until the
equivalent of one months severance has been expended.
9. Employee, and his/her successors, heirs and assigns, hereby release and forever discharge
the City and, as applicable, its employees, representatives, successors, heirs, agents and
assigns, from any and all claims, demands, costs, actions, causes of action, suits, or
arbitration of any kind or nature whatsoever, including but not limited to any claims for
breach of contract, intentional tort, discrimination, wrongful termination, wage and hour
claims, claims under any federal, state, or local statute or regulation, claims for attorney's
fees, costs or other expenses of litigation, or claims related in any way, directly or
indirectly, to Employee's employment with the City. However, nothing in this
Agreement shall impair the Employees right, if any, to retirement benefits payable by the
State of Washington to the Employee.
10.
The City hereby releases and forever discharges Employee from any and all claims,
demands, damages, costs, actions, causes of action, suits or arbitration of any kind or
nature whatsoever, including but not limited to claims related in any way, directly or
indirectly, to Employee's employment with the City. The City further releases and
forever discharges the Union/Guild, and any of its representatives or agents, from any and
all claims, demands, damages, costs, actions, causes of action, suits or arbitrations of any
kind or nature whatsoever, related in any way, directly or indirectly, to its representation
of Employee.
11. The Union/Guild, its agents and representatives, hereby release and forever discharge the
City and, as applicable, its employees, representatives, successors, heirs, agents and
assigns, from any and all claims, demands, damages, costs, actions, causes of action, suits
or arbitration of any kind or nature whatsoever, related in any way, directly or indirectly,
to Employee.
12. For the purpose of implementing a full and complete release and discharge of all parties,
the parties expressly acknowledge that this agreement is intended to include in its effect,
without limitation, all claims which the undersigned did not know or suspect to exist in
their favor at the time of execution hereof, and this agreement contemplates the
extinguishment of any such claim or claims.
13. Nothing in this Agreement shall prevent the parties from bringing suit or pursuing other
legal or equitable remedies to enforce the terms of this Agreement.
14. This Agreement represents the complete and exclusive agreement between the parties in
settlement of all matters, claims, and disputes between them arising from or relating to
the matters set forth herein, and supersedes all prior written or' oral agreements, offers,
discussions, or understandings with respect to Employee. This Agreement may only be
amended in writing, signed by the parties.
15.
This Agreement shall be interpreted and enforced under the laws of the State of
Washington. The venue for any action shaH be in Kitsap County, Washington.
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16.
All parties acknowledge that they have had full opportunity to consult with a legal
representative of their choice before executing this Agreement, and that they are 110t
relying on any representations other than as specifically stated herein.
17. If any provision of this Agreement is held to be illegal, invalid or unenforceable under
present or future laws, such provision shall be fully severable and this Agreement shall be
construed and enforced as if such provision had never comprised a part of this
Agreement, and the remaining provisions of this Agreement shall remain in full force and
effect, and shall not be affected by the illegal, invalid or unenforceable provision or by its
severance from this Agreement.
18. This Agreement is non-precedent-setting due to the unique nature of the circumstances
sunounding Employee and the Union/Guild, and shall not be deemed to bind any party to
take similar action in any subsequent matter, whether or not involving Employee or the
Union/Guild. Further, the parties agree that this Agreement shall not be admissible in any
subsequent proceeding, grievance or arbitration hearing involving another employee other
than Employee, except by mutual agreement of the parties.
THE PARTIES, BY SIGNING THIS AGREEl\fENT, CERTIFY THAT (A) THEY
ENTER THIS AGREEl\fENT AND ACCEPT THE TERMS VOLUNTARILY,
WITHOUT DURESS (B) THEY HAVE HAD THE OPPORTUNITY TO REVIEW THIS
AGREEl\fENT WITH THE UNION/GUILD AND/OR LEGAL REPRESENTATIVES,
AND (C) THEY HAVE FULL KNOWLEDGE AND UNDERSTANDING OF THE
TERMS AND CONSEQUENCES OF THIS AGREEl\fENT.
CITY OF BREMERTON
Cary Bozeman, Mayor
President, Union/Guild
"~I
Ii
, (
EMPLOYEE
, U~
~@l" --41-<<71
eff hilds
Al Duke, Depart ent Head
APPROVED AS TO FORM:
~~~=:-~~=.~~---
R gel' A. Lubovi~h>Cit.y..Att()rney--
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DATE SUBMITIED: Aprill,2009
BILL # 0 q - 0 B 2.
'-
AGENDA BILL
CITY OF BREMERTON C '"
CITY COUNCIL J'"
......................m............,.......................................................81
Nt>, 308 {
SUBJECT: Resolution Adopting Identity
Theft Prevention Program
Committee Meeting Date: April 8, 2009
COUNCIL MEETING Date: April 15, 2009
Department: Financial Services
Presenter: Andy Parks
Phone: 360-473-5722
SUMMARY: The Federal Trade Commission issued regulations requiring financial institutions and
creditors to develop and implement written identity theft programs by May 1, 2009, under the Fair
and Accurate Credit Transaction Act of 2003 (FACT A). Municipal utilities are subject to these
requirements, and the City Councils of all cities that operate utilities must adopt programs that meet
the requirements ofF ACT A. These identity theft prevention programs must provide for the
identification, detection, and response to patterns, practices, or specific activities - known as "red
flags" that could indicate identity theft. A Program and adopting Resolution have been developed for
Council approval.
ATTACHMENTS: 1) Resolution Adopting Identity Theft Prevention Program ~~s{)I~cSY\~. 3081
2) Identity Theft Prevention Program
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to adopt Resolution No. 30Bt
Bremerton Identity Theft Prevention Program.
establishing the City of
COUNCIl- ACTION: 0 Approve 0 Deny 0 Ta?le
o Continue 0 No Action
RESOLUTION NO. ,30 B I
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting an Identity Theft Prevention
Program for the City ofBremerton.
WHEREAS, The Fair and Accurate Credit Transactions Act of2003, an
amendment to the Fair Credit Reporting Act, required rules regarding identity theft protection to
be promulgated; and
WHEREAS, Those rules become effective May 1, 2009, and require municipal
utilities and other departments to implement an Identity Theft Prevention Program, and
WHEREAS, The City Council has determined. that an Identity Theft Prevention
Program is in the best interest of the municipality and its citizens. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, W ASIllNGTON,
DOES HEREBY RESOL VB AS FOLLOWS:
SECTION 1. The Identity Theft Prevention Program attached hereto as Exhibit
A and incorporated herein by this reference is hereby adopted for the City of Bremerton.
SECTION 2. The City Council hereby authorizes the Mayor or designee to
administer the Program and authorizes the Mayor to modify and make amendments deemed
necessary to implement the goals of the Program.
SECTION 3. 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 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City ofBremerton, Washington this_
, 2009.
CECIL McCONNELL, Council President
1
Identify Theft Prevention Program
~
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R: \Legal\Legal\Resolutions\Finance\Identity Theft Policy. doc
2
Identify Theft Prevention Program
The City of Bremerton
IDENTITY THEFT PREVENTION PROGRAM
Purpose
This Identity Theft Prevention Program is designed to aid in the detection, prevention and mitigation of
identity theft in connection with the opening of a Covered Account or an existing Covered Account
and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of
the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit
Transactions Act (FACTA) of2003.
Definitions
1. For purposes of this Program, the term "Identity Theft" means a fraud committed or attempted
using the identifying information of another person without authority.
2. For purposes of this Program, the term "Covered Account" means (1) an account that the City
offers or maintains, primarily for personal, family, or household purposes that involves or is designed
to permit multiple payments or transactions, such as a utility account; and (2) any other account that
the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the
safety and soundness of the City from identity theft, including financial, operational, compliance,
reputation or litigation risks.
3. For purposes of this Program, the term "Red Flag" means a pattern, practice, or specific activity
that indicates the possible existence of identity theft.
4. For purposes of this Program, the term "Identifying Information" means any name or number that
may be used alone or with any other information to identify a specific person; this includes name,
social security number, date of birth, official state or government issued driver's license or
identification number, alien registration number, government passport, fIlld employer or tax
identification number. .
1
The Program
This Program includes policies and procedures to:
1. Identify relevant red flags for covered accounts;
2. Detect red flags;
3. Respond appropriately to any red flags that are detected to. prevent and mitigate identity theft;
4. Ensure the Program is updated periodically to reflect changes in risks to customers and to the safety
and soundness of the creditor from identity theft. The program shall, as appropriate, incorporate
existing policies and procedures that control reasonably foreseeable risks; and
5. Provide for continued administration of the Program.
Identification of Relevant Red Flags
The following events/occurrences reasonably indicate the potential for identity theft and are considered
"Red Flags" for purposes of this program:
1. Alerts, notifications, or other warnings received from consumer reporting agencies or service
providers, such as fraud detection services:
a. A fraud or active duty alert is included with a consumer report.
b. A consumer reporting agency provides a notice of credit freeze in response to a request for a
consumer report.
c. A consumer reporting agency provides a notice of address discrepancy.
d. A consumer report indicates a pattern of activity that is inconsistent with the history and usual
pattern of activity of an applicant or customer, such as:
i. A recent and significant increase in the volume of inquiries;
11. An unusual number of recently established credit relationships;
111. A material change in the use of credit, especially with respect to recently established
credit relationships; or
iv. An account that was closed for cause or identified for abuse of account privileges.
2. The presentation of suspicious documents, such as:
a. Documents provided for identification appear to have been altered or forged.
b. The photograph or physical description on the identification is not consistent with the
appearance of the applicant or customer presenting the identification.
c. Other information on the identification is not consistent with information provided by the
person opening a new covered account or customer presenting the identification.
d. Other information on the identification is not consistent with readily accessible information that
is on file.
e. An application appears to have been altered or forged, or gives the appearance of having been
destroyed and reassembled.
3. The presentation of suspicious personal identifying information, such as:
a. Personal identifying information provided is inconsistent when compared against external
information sources used by the City.
i. The address does not match any address in the consumer report.
b. Personal identifying information provided by the customer is not consistent with other
personal identifying information provided by the customer.
c. Personal identifying information provided is associated with known fraudulent activity as
indicated by internal or third-party sources used by the City. For example:
2
1. The address on an application is the same as the address provided on a fraudulent
application; or
11. The phone number on an application is the same as the number provided on a fraudulent
application.
d. Personal identifying information provided is of a type commonly associated with fraudulent
activity as indicated by internal or third-party sources used by the City. For example:
i. The address on an application is fictitious, a mail drop, or a prison; or
ii. Phone number is invalid, or is associated with a pager or answering service.
e. The address or telephone number provided is the same as or similar to the account number or
telephone number submitted by an unusually large number of other persons opening accounts
or other customers.
f. The person opening the covered account or the customer fails to provide all required personal
identifying information on an application or in response to notification that the application is .
incomplete.
g. Personal identifying information provided is not consistent with personal identifying
information that is on file with the City.
h. If the City uses challenge questions, the person opening the covered account or the customer
cannot provide authenticating information beyond that which generally would be available from
a wallet or consumer report.
4. The unusual use of, or other suspicious activity related to, a covered account:
a. Shortly following the notice of a change of address for a covered account, the City receives
a request for the addition of authorized users on the account.
b. The customer fails to make the first payment or makes.an initial payment but no subsequent
payments.
c. A covered account is used in a manner that is not consistent with established patterns of
activity on the account. There is, for example:
i. Nonpayment when there is no history of late or missed payments;
ii. A material increase in the use of available credit.
d. A covered account that has been inactive for a reasonably lengthy period of time is used
(taking into consideration the type of account, the expected pattern of usage and other
relevant factors).
e. Mail sent to the customer is returned repeatedly as undeliverable although transactions
continue to be conducted in connection with the customer's covered account.
f. The City is notified that the customer is not receiving paper account statements.
g. The City is notified of unauthorized charges or transactions in connection with a customer's
covered account.
5. Notice from customers, victims of identity theft, law enforcement authorities, or other
persons regarding possible identity theft in connection with covered accounts held by the City
of Bremerton:
a. The City is notified by a customer, a victim of identity theft, a law enforcement authority,
or any other person that it has opened a fraudulent account for a person engaged in identity
theft.
3
Detection, Prevention and Mitigation
1. Detection: In an effort to ensure proper detection of any Red Flags, all customers must provide at
least the following information/documentation before any new covered account will be opened:
a. Full Name;
b. Address where service is to be provided.
c. Mailing Address, (a residential or business street address for an individual; for an individual
who does not have a residential or business street address, an Army Post Office (APO) or
Fleet Post Office (FPO) box number, or the residential or business street address of next of
kin or of another contact individual; or for a person other than an individual (such as a
corporation, partnership, or trust), a principal place of business, local office, or other
physical location; and;
d. Telephone Number of the individual responsible for the account.
For any account holder of a covered account for which the above information is not already on file
at the City, the customer will be contacted within a reasonable period of time after discovering the
missing info~ation to obtain the necessary information.
2. Preventing and Mitigating Identity Theft: In the event a Red Flag is detected, the City will take
reasonable steps to prevent the occurrence of identity theft to mitigate any harm caused thereby. In
order to respond appropriately to the detection of a Red Flag, the City shall consider any
aggravating circumstance( s) that may heighten the risk of identity theft. After assessing the degree
of risk posed, the City will respond to the Red Flag in an appropriate manner, which may include:
a. Monitoring a covered account for evidence of identity theft;
b. Contacting the customer;
c. Changing any passwords, security codes, or other security devices that permit access to a
covered account;
d. Reopening a covered account with a new account number;
e. Not opening a new covered account;
f. Closing an existing covered account;
g. Not attempting to collect on a covered account or not selling a covered account to a debt
collector;
h. Notifying law enforcement; or
1. Determining that no response is warranted under the particular circumstances.
Record retention areas containing documents with sensitive identifying information will be locked
when not in use. Desks, work areas, printers and fax machines will be cleared of all documents
containing sensitive identifying information when not in use. Records will be disposed of in
accordance with state and federal law. All electronically stored identifying information will be
stored in a secure environment. Access into the system containing identifying information requires
a password. The system will automatically disable the password after the designated number of
unsuccessful login attempts. Only the System Administrator can reissue another password. Upon
termination, employee passwords are immediately disabled.
4
Updating the Program
This Program shall be updated periodically to reflect changes in risks to customers of the City from
identity theft based on factors such as: .
1. The experiences of the City with identity theft;
2. Changes in methods of identity theft;
3. Changes in methods to detect, prevent, and mitigate identity theft;
4. Changes in the types of accounts that the City offers or maintains; or
5. Changes in the business arrangements of the City, including service provider arrangements.
Administration of the Program
The Director of Financial Services or other person designated by the Mayor is responsible for
implementation and administration of the Program. The designee will report to the Mayor at least
annually on compliance by the City with the Program. The report shall address material matters
related to the Program and evaluate the effectiveness of the policies and procedures in addressing the
risk of identity theft in connection with the opening of covered accounts and with respect to existing
covered accounts. The Mayor will approve any material changes to the Program as necessary to
address changing identity theft risks.
Oversight of Service Provider Arrangements
The City shall take steps to ensure that the activity of a service provider is conducted in accordance
with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity
theft whenever the City engages a service provider to perform an activity in connection with one or
more covered accounts.
Duties Regarding Address Discrepancies
A notice of address discrepancy is a notice sent to the City by a consumer reporting agency that
informs us of a substantial difference between the address for the consumer that we provided to request
the consumer report and the addressees) in the agency's file for the consumer. The City may use the
following means to confirm that a credit report relates to the consumer for whom it was requested, if
the City receives a notice of address discrepancy from a nationwide consumer reporting agency:
1. Verification of the address with the consumer;
2. Review of the utility's records;
3. Verification of the address through third-party sources; or
4. Other reasonable means.
5
DATE SUBMITTED: 4/8/09
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
OQ.-o<03
5L
........................................................................................
SUBJECT: Collective Bargaining
Agreement between the City and the
Bremerton Police Officers Guild (BPOG)..
Executive Session Date: April 8, 2009
COUNCIL MEETING Date: April 15, 2009
Department: Financial Services
Presenter: Carol S. Conley, HR
Manager
Phone: 473-5347
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and the BPOG resulting in the attached Collective Bargaining Agreement (CBA). These
negotiations have been discussed with Council in Executive Session. This CBA replaces the current
one that expired on December 31,2008. The new CBA is for a three (3) year term, beginning January
1, 2009 through December 31, 2011. It was ratified by the BPOG membership. Council approval is
required to implement this agreement.
A TT ACHMENTS: Proposed Collective Bargaining Agreement between the City and BPOG.
FISCAL IMPACTS (Include Budgeted Amount): F4act of implementing this contr,act for
2009 is estimated as $234,266. A4udget fllRtiudlfl",.l.t in ~estimated amount of $4,125 will be
required from the Human Resources budget under Professional Services in addition to the amount of
$234,266 included in the Police Department budget, to fund the contract for 2009.
APPROVALS:
DEPARTMENT MANAGER:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET: ~~~~ . h' I CONSENT AGENDA ~ I
OPERATIONS: ~ ;; ~ - .
COUNCIL PRESIDENT: ~~ ~z;;,,,,-:,,,,~~ .'
RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and
between the City and the BPOG, January 1; 2009 through December 31, 2011, and authorize the
Mayor to finalize and execute the agreement in substantially the same form as presented, and make
the necessary amendments to the budget.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Proposed contract for ratification 4/1/09
PROPOSED LABOR AGREEMENT BY AND BETWEEN
THE
CITY Of BREMER TON
AND
BREMERTON POLICE OFFICERS GUILD
JANUARY 1,2002-6 THROUGH DECEMBER 31, 2011G&
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of
Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton
Police Officers Guild hereinafterlqIown as the "Guild" for the purpose of setting forth the wages, hours arid working
conditions which shall be in effect during the term of this Agreement for employees included in the bargaining unit
described in Article 2 below.
ARTICLE 1
DISCRIMINATION ALLEGATIONS
1.1
An employee who believes that he or she has been the subject of unlawful discrimination on the basis of
political affiliation, age, sex, marital status, race, creed, color, religion, national origin. sexual orientation.
or activity protected by RCW 41.56 shall seek relief through the appropriate local, state or federal agency
charged with investigating such matters~ and shall not process such complaints thrOl:lt;h the Grie'lance
Procedure of this .\;reemcnt. T A' d w/chang:e
ARTICLE 2
- RECOGNITION
2.1
The City recognizes the Guild as the sole and exclusive bargaining representative for the purpose of
negotiations concerning wages, hours and working conditions for the bargaining unit described in the
State of Washington Public Relations Commission Decision No. 2371-PECB dated the 10th day of
January, 1986 as: "All full-time and regular part-time uniformed employees holding the rank of sergeant
or below in the Bremerton Police Department; excluding all confidential or supervisory and other
employees of the employer."
ARTICLE 3
GUILD DUES
3.1
DUES DEDUCTIONS: The City will deduct monthly Guild dues and initiation fees uniformly required
of membership from the pay of those employees who provide written authorization to the City to make
such deductions. The City will transmit the total amount of deductions to the Treasurer of the Guild.
3.2
MAINTENANCE OF MEMBERSHIP: An employee who is a member of the Guild upon the date of
the signing of this Agreement and an employee who joins the Guild subsequent to the date of the signing
of this Agreement shall maintain membership in good standing with the Guild through the payment of
periodic dues assessed by the Guild during the term of this Agreement. An employee who was not a
member of the Guild prior to September 3, 1986 shall not be subject to this Article.
I 3.3
SERVICE FEE OPTION: New employee~ within thirty (30) calendar days of hire and all other
employees shall elect whether that employee wishes to (I) join the Guild and pay Guild dues and fees or
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 1 of29
Proposed contract for ratification 4/1/09
(2) decline to join the Guild and pay a service fee equivalent to regular Guild initiation fees and dues to
the extent permitted by law.
3.4
EQUIVALENT DUES PAYMENT: In accordance with RCW 41.56.122, objections to joining the
Guild which are based on bona fide religious tenets or teachings of a church or religious body as may be
determined by the Public Employment Relations Commission will be observed. Any such employee shall
pay an amount of money equivalent to regular Guild dues to a nonreligious charity mutually agreed upon
by the employee affected and the Guild. T A' d w/chamre
3.5
FAILURE TO COMPLY: An employee who fails to comply with this Article shall be terminated upon
notice of such fact in writing from the Guild to the City. Termination of such an employee shall become
effective within thirty (30) calendar days from the date the City received the notice, unless the employee
has remedied the delinquency withi.n said thirty (30) calendar day period provided that the regular
habitual failure to timely pay dues, service fees or charitable contributions shall, upon the request of the
Guild, result in the discharge of the offending employee. TA'd w/change 11-19-08
3.6
HOLD HARMLESS: The Guild shall indemnity. defend -and hold the City harmless from any and all
liability to third parties resulting from the administration of the provisions of this Article. TA'd w/change
11-19-08
ARTICLE 4
GUILD ACTIVITY
4.1
CONDUCT OF GUILD BUSINESS: Guild business, such as handling grievances and other legitimate
, routine matters, may be conducted on Police Department premises provided that such business does not
interfere with Police Department operations and is authorized by the Police Chief or designee. Scheduled
Guild meetings may be held in Police Department facilities provided that such meetings do not interfere
with Police Department operations and are approved in advance by the Police Chief or designee.
I 4.2
GUILD REPRESENTATIVES: The Guild shall provide written notice to the ~.1a)'or, the Manager
Director of Human Resources and the Police Chief of the names of the officials authorized to represent
the Guild immediately upon their election or appointment. The City will provide reasonable access to City
premises to such authorized representatives for the purpose of handling grievances and other legitimate
Guild business provided that such access does not interfere with the work and duties of Guild employee
representatives or of other on-duty employees. The Police Chief or designee shall grant an employee who
is also an Guild Representative reasonable release time while on duty for the purpose of handling
grievances and other legitimate Guild business, provided that such release time does not unreasonably
interfere with the work and duties of the employees or of other on-duty employees. TA'd w/change 11-
19-08
4.3
USE OF CITY PROPERTY: Use of City property is authorized as provided below.
4.3.1 USE OF EQUIPMENT: The following Police Department equipment is authorized for use by
authorized Guild representatives for Guild business:
4.3.1.1
WORD PROCESSING EQUIPMENT,
TYPEWRITERS: when needed for short work.
COMPUTERS
AND
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 2 of 29
Proposed contract for ratification 4/1 /09
4.3.1.2
COPY MACHINES: up to five (5) copies of documents for members of the
Guild's board. If more are needed, the Guild shall reimburse the Police
Department for costs subsequent to receipt of an itemized billing. T A'd w/change
11-19-08
4.3.1.3
TELEPHONE: Local calls are approved. Costs of long distance calls and FAX
use shall be reimbursed by the Guild to the Police Department subsequent to
receipt of an itemized billing.
4.3.2 BULLETIN BOARDS: The Police Department shall permit the reasonable and lawful use of
bulletin boards by the Guild for the posting of notices relating to official Guild business.
ARTICLE 5
WAGES
5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is
attached hereto and made a part hereof which reflects the following:
. Effective January 1. 2009 January 1,2006, Appendix "A" reflects a five perceilt (5%) two and a
half percent (2.5%) increase.
. Effective January 1, 20]Q3., the wage increase shall be based upon 100% of the CPI-W for
Seattle/Tacoma/Bremerton as of June 30, 2002-6 with a minimum increase of 2% and a
maximum increase of 5%:., ph:!s a one percent (1.0%) adjustment.
!...-Effective January 1, 20ll.(}8, the wage increase shall be based upon 100% of the CPI-W for
Seattle/Tacoma/Bremerton as of June 30, 20~W: with a minimum increase of 2% and a
maximum increase of 5%:. , plus a one and a half percent (1.5%) adjustment.
. Step percentages are calculated after the annual CPI-W is applied. CPI-W will be calculated out
to three (3) decimal places. Longevitv pav rates are calculated from the base rate at 100%.
Published hourlv wages are estimates and actuals mav vary (due to pennv rounding) and will be
calculated bv the Citv pavroll software svstem.
5.1.1 Advancement through the hourly wage rates from the first step through the final step will occur
upon completion of the prescribed number of full year(s) of continuous employment since the employee's
initial hire date, or in the case of Sergeant's, the date of promotion. In the event an employee is on
approved leave of absence without pay, the employee's next wage rate advancement date will be extended
by the actual number of days the employee was absent on such leave. No such step increase shall be
denied employees who have met acceptable performance standards. Step increases may be withheld for a
maximum of six (6) months. The denial of a step increase is subject to the grievance procedure.
5.1.2 A new employee's wage rate shall be set at the first step of the pav scale: however. year rate,
except that a new employee who has prior paid work experience as a full time Patrol Officer in a
police service which operates a full time service using paid employees, may be hired up to and
including the fifth (5th) step based upon qualifications and relevant years and type of prior
experience. Placement at higher than the first step shall be at the discretion of the Chief with the
approval of the Human Resources Manager Director and Financial Services. TA'd w/changes 11-
19-08
Proposed Contract for Ratification
City of Bremerton and the BPOG
1I112009 - 12/31120 11
Page 3 of 29
Proposed contract for ratification 4/1/09
5.2
LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous
serviCe with the City, shall be calculated on the individual employee's hourly wage rate and shall be paid
as follows:
LEOFF I:
Lelllrth of Continuous Service
Rate Per Hour
o through 5 years continuous employment
Commencing 6 through 10 years continuous employment
Commencing 11 through 15 years continuous employment
Commencing 16 through 20 years continuous employment
Commencing 21 through 25 years continuous employment
Commencing 26 years and over continuous employment
0%
1.25%
2.5%
3.75%
5%
6.5%
LEOFF II:
Length of Continuous Service
Rate Per Hour
o through 5 years continuous emplovment
Commencing 6 through 10 years continuous employment
Commencing 11 through 15 years continuous employment
Commencing 16 through 20 vears continuous employment
Commencing 21 through 25 years continuous employment
Commencing 26 years and over continuous emplovment
0%
1.25%
2.5%
7.75%
9%
10.5%
Per MOD 8/16/07
5.3
ON CALL PAY: When the Employer places an employee on "on-call status," the employee shall be
compensated at a rate of one-third (1/3) the regular hourly rate of pay for time spent on call. The following
time spent on call is compensable: When an employee is required to remain at any particular place during
the on-call time, and the employee must be prepared to respond. This provision shall not apply to
employees who normally carry cell phones or other electronic communication devices ~, and such
employees' time off shall not be restricted. T A' d w/changes 11-19-08
5.4
OFFICER IN CHARGE: When a patrol officer is assigned substantially the full duties of Sergeant, the
officer will be paid at a rate as if promoted to Sergeant for the duration of the assignment. This shall not
apply to Master Police Officer's (MPOs). TA'd w/changes 11-19-08
ARTICLE 6
HOURS OF WORK
6.1
NORMAL HOURS OF WORK: The normal hours of work shall be forty (40) hours per week.
6.2
SHIFTS:
6.2.1 Patrol shifts for the Operations Division are as follows:
Day
Swing
6 a.m. - 2 p.m.
2 p.m. - 10 p.m.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 4 of29
Proposed contract for ratification 4/1/09
Graveyard
10 p.m. - 6 a.m.
Days off will be assigned by supervisors as currently practiced. Other shifts may be worked, provided
they do not exceed forty (40) hours per week and are mutually agreed to by the Employer and employee.
Individuals that apply for other Operational units of work such as Bike Patrol, Boat Patrol, Traffic Unit,
K-9 Unit, School Resource, special grant assignments, agree up front when selected for the assignment to
mutually agree to adjust hours as outlined in the assignment announcement. The Department shall
provide at least 72 hours advance notice of the need to adjust schedules for these special units. The
Department shall work on resolutions with the employee when a change in the work week creates
personal issues and shall seek volunteers from within that work unit first before requiring such officers to
change their schedule.
The Support Services DiyisioH is comprised of the Special Operation Group, General Investigations,
ComfHl:Iflity Resource Unit and other speeialty non patrol units of 'Nork. Employees of this Division are
scheduled to ',york eight (&) daily hours or as mutually a~reed. Moved - See 6.2.6
6.2.~+ Shift assignments within the Patrol and Traffic Unit Divisions shall be bid by seniority at least
twice annually, on March 1 sl and September 1 st, provided that no more than thirty-three percent
(33%) of the positions within the Patrol and Traffic Unit Division shall be exempt from the
bidding process and assigned as is provided below. For the purposes of this section, seniority
shall be defined as all paid regular time worked as a commissioned officer with the City of
Bremerton Police Department. Special events and emphasis patrol for the tTraffic Unitdi'.'ision
shall be excluded from Article 6. TA'd w/changes 11-19-08
6.2.1~ Exempt positions may be assigned at the sole discretion of the Chief of Police, provided that no
officer past his or her one-year probationary period may be reassigned to another shift more often
than once every six months.
6.2.1; Notwithstanding 6.2.~+ and 6.2.l~, the Chief of Police may reassign any non-probationary
employee for just cause twice each year and probationary employees may be reassigned to shifts
at the discretion of the Chief of Police.
6 . 2 . 54 Sergeants shall be allowed to bid for shifts on the basis of time since promotion to
Sergeant, provided Section 6.2.2 and 6.2.3 above shall not apply to Sergeants, and provided
further, the Chief of Police may assign a Sergeant to a particular shift without regard to seniority
when such assignment is reasonably necessary to the efficient provision of police services.
6.2.6 The Support Services Division is comprised of the Special Operation Group. General
Investigations. Community Resource Unit and other specialty non-patrol units of work.
Emplovees of this Division are scheduled to work eight (8) daily hours or as mutually agreed.
6.3
SHIFT EXCHANGES: Employees may exchange full or partial shifts when the change does not
interfere with the duties and responsibilities of the employees in their positions and provided that the
immediate supervisors of such employees find that no interference will occur as the result of a mutually
agreeable shift exchange. The Police Chief or the Chiefs designee may overrule such a finding by the
immediate supervisor in the event that the Department's service or training needs require specific
employees to be on duty during their assigned shifts.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 5 of29
Proposed contract for ratification 4/1/09
6.4
6.5
6.6
7.1
7.2
7.3
SHIFT CHANGEOVER COORDINATION: An employee who has been transferred from one shift to
another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which
results in the employee receiving at least eight (8) hours of rest between work shifts. In the event that the
transfer from one shift to another results in an employee receiving less than eight (8) hours of rest
between work shifts, the employee shall be paid overtime for time worked during the eight (8) hour
period between work shifts. An employee who receives a minimum of eight (8) hours of off-duty time
between work shifts. shall not be eligible for overtime compensation for shift changeover coordination
time.
ASSIGNMENT TRANSFER REVIEW REQUEST: Assignment transfers (those not covered by
Section 6.2 and subsections) will be made at the discretion of the Police Chief or designee. Except in
emergencies, at the employee's request, the Police Chief will provide his/her reason for the assignment
transfer prior to the transfer. The employee may submit information as to why the assignment transfer
should not take place. The Police Chief will review the information and inform the employee of his/her
decision. Transfers resulting from operational or performance related issues are not subject to the
grievance procedure. Transfers resulting from misconduct or disciplinary issues are subject to the
grievance procedures. It shall be understood that these specialty non-patrol assignments are temporary in
nature and there is no guarantee as to the amount of time an employee will serve in that assignment.
TA'd with changes 11-19-08
TRAINING: Work shifts may be changed by the employer to accommodate structured training as
follows:
a) At least seven (7) calendar days advance notice is provided to the employee.
b) The shift change will be for full day training schools/sessions.
c) If training is scheduled during a normal day off, the employee will keep his/her normal work
schedule and be paid overtime.
d) The parties further agre,e that the foregoing may be changed by mutual agreement, on a case-by-
case basis. I
e) An unpaid lunch break during which the employee is not considered on duty or subject to
responding to calls shall be granted for a full 8 hour training day when the training occurs off site
and is not city-sponsored.
ARTICLE 7
OVERTIME
OVERTIME DEFINED: Overtime is all required and authorized work performed III excess of an
employee's normal work schedule.
OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and-one-half
(1 'lS) times an employee's hourly rate in cash or in one-and-one-half (1 'lS) times the overtime hours
worked in compensatory time. Overtime compensation in compensatory time may be granted upon the
request of the employee and with the approval of the Police Chief or designee.
LIMITATION ON COMPENSATORY TIME: The maximum allowed accrual of compensatory time
is sixty (60) hours and all time accrued in excess of that maximum shall be paid at the applicable rate,
provided that time earned may be cashed out upon the employee's request as provided below. A request
for compensatory time can be denied if it "unduly disrupts" the operation of the Department. Undue
disruption is more than inconvenience to the Department. This will be determined on a case-by-case
basis. For requests to use one day of compensatory time one-day notice is required.' For request to use
more than one (1) day of compensatory time, five (5) days notice is required.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/l!2009 - 12/3l!2011
Page 6 of 29
Proposed contract for ratification 4/1/09
Employees who wish to cash out accumulated compensatory time will have the option of receiving this
pay at the end of November of each year. Employees who exercise this option shall submit their request
in writing to the Chief no later than November 1st each year. It shall be the sole responsibility of the
employee to request cash out of accumulated compensatory time in a timely manner, therefore, any such
requests received after the November 151 deadline will be disapproved and sent back to the employee.
7.4
CALL BACK OVERTIME: An employee who has left the workplace and who is called back to duty
with less than twenty-four (24) hour notice for a period of time which is less than three (3) hours, shall
receive a minimum of three (3) hours of overtime compensation.
7.5
COURT AND/OR SUBPOENAED APPEARANCES: An employee who appears in Court arising out
ofhislher employment with the City or who responds to a subpoena on behalf of the City on off-duty time
shall receive a minimum ofthree (3) hours of overtime compensation for such appearance.
7.5.1 An employee who has been subpoenaed to appear in Court shall call the Court on the morning of
the date of the scheduled appearance to confirm that the subpoena is still active. If the subpoena
remains active after the telephone call, the employee shall then qualify to receive a minimum of
three (3) hours of overtime compensation for responding to the subpoena. If the subpoena is no
longer active after the employee calls in, no compensation shall be due the employee.
7.6
For civil subpoenas, payment for off-duty subpoena appearance is based on matters resulting from the
employee performing police duties for the City. Off-duty officers will be compensated for total time in
Court at the overtime rate of payor a minimum of three (3) hours whichever is greater. Witness fees
received by the officer from the plaintiff or defendant shall be assigned to the City. This Agreement does
not include other subpoenaed appearances, such as Civil Service or arbitration subpoena, or compensation
for telephone calls. The employee shall furnish a copv to his/her immediate supervisor Hotif)' the Chief or
designee as soon as possible after the subpoena is served. T A' d w/changes 11-19-08
7.7
When the City is the employer, all such overtime police work will be first offered to BPOG Police
Officers, subject to the Bremerton Police Management Association (BPMA) bargaining unit Letter of
Understanding date April 1, 2002. For each such police overtime project, BPD management will
reasonably provide information regarding the scope of the project, manpower needs, anticipated duration,
and work-related expectations associated with the project. In the event that BPPG Police Officer
bargaining unit employees are unable to provide all police overtime service needs, or manpower shortages
are observed or anticipated, BPD Management will advise and consult with BPOG to identify needs and
staffing alternatives. Other agency commissioned law enforcement staffing should be utilized only after
reasonable and practicable efforts have been made to fill manpower needs by BPOG Police Officers.
ARTICLE 8
VACATION LEAVE
8.1
VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regularly scheduled
work time including paid holiday, sick leave, vacation and other paid leave time (this change effective
January 1, 2007) and excluding time for which workers' compensation time loss benefits are paid
pursuant to the following schedule:
Period of Continuous Full Time Emolovment
Annual Accrual
Date of Hire through 5 years
104 hours
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 70f29
Proposed contract for ratification 411/09
6th year
7th year
8th
year
9th year
1 Oth year
11 th year
12th year
13 th year
14th year
15th year
16th year
1 ih year and thereafter
120 hours
128 hours
136 hours
144 hours
152 hours
160 hours
168 hours
176 hours
184 hours
192 hours
200 hours
208 hours
8.2
V ACA TION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon
completion of six (6) full months of employment; provided, however, the Chief of Police may grant an
exception to the six-month rule due to mitigating circumstances. Vacation time must be taken in segments
of one-half (Yz) hour or more. Vacation time must be fully accrued prior to the time an employee takes
any vacation time off. TA'd w/changes 11-19-08.
8.3
VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or
designee. Emplovees Personnel shall be allowed to bid for vacations based upon seniority following the
shift bidding process; provided that vacation requests for time not scheduled throughout the bidding
process shall be scheduled by mutual agreement. Patrol employees who have been approved vacation
leave shall give no less than twenty-four (24) hours notice ifthev decide not to take the leave as approved
and instead report for work.
8.4
MAXIMUM VACATION ACCRUAL: The maximum number of vacation accrual hours that any
employee shall be allowed to carry forward from one calendar year to the next is as follows:
Years of
Continuous Emolovment
Maximum Balance
0-2 years
2-5 years
5-10 years
10-15 years
15-20 years
20+ years
160 hours
200 hours
240 hours
280 hours
320 hours
360 hours
8.4.1 In the event an employee has been prohibited from taking sufficient vacation time to reduce his or
her vacation balance to the maximum allowable carryover at the end of a calendar year, the
excess hours shall be paid out in cash at the employee's straight time hourly rate unless the Chief
approves an extension of the time period beyond the end of the calendar year during which the
employee must take all vacation hours which exceed the maximum allowable carryover. An
employee who fails to request scheduled vacation time during the year and whose accrued
vacation hours exceed the maximum carryover balance at the end of the calendar year shall forfeit
such excess vacation hours.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 80f29
Proposed contract for ratification 4/1/09
8.5
VACATION PAY-OUT: Upon the retirement, resignation, or termination of an employee or upon the
date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid
to the employee in a cash lump sum payment.
8.6
DONATIONS OF VACATION LEAVE: Donations of Vacation . leave permit employees to aid a
fellow employee (or their immediate families) who is suffering from an extraordinary or severe illness,
injury, impairment, physical or mental condition which Qas caused or is likely to cause the employee to
take leave without payor to terminate his or her employment prior to a determination that the affected
employee is not expected to recover to an extent that will enable the employee to resume his or her
normal duties or the duties of another position with the City or another employer.
8.6.1 ELIGIBILITY: An employee or employee's immediate family member (as defined in the
FMLA) who (1) is suffering from an illness or injury causing his or her extended absence from
work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation,
sick and floating holiday leave, may request donations of vacation leave.
8.6.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be submitted to
the Chief of Police requestiH; employee's Department Head accompanied by medical
documentation verifying the medical condition requiring the need for leave, and the time period
during which the employee can reasonably be expected to be absent from work due to the
condition. Upon verifying that the requesting employee meets all of the eligibility requirements
above and upon determining that the medical documentation received provides appropriate
verification of the medical condition and time period involved, the Department Head will
recommend the employee's request for donations of vacation leave be approved by the Mayor.
The Mayor will review the request to assure that all of the requirements set forth in this
subsection have been met and, if so, shall approve the employee's request for donations of
vacation leave. TA'd w/changes 11-19-08.
&448.6.3 CONDITIONS OF DONATION: An employee who has been employed for at
least six (6) months who desires to donate accrued vacation leave to a requesting
employee will do so as a free and voluntary act and no duress or coercion shall be placed
upon an employee to make such donation of his/her accrued vacation leave. Employees
who are utilizing donated leave to cover their own absences may not donate leave to
another employee until such time as they have returned to their normal schedule, and any
excess donations made to them have been returned pursuant to 8.6.5 below. An
employee who desires to donate vacation leave shall complete a Donation of Vacation
Leave Form and submit it to his/her Department Head. The donated vacation leave will
be transferred to the requesting employee's sick leave balance with the next payroll
report. Forms will be date stamped and all time donated shall be in full hour increments
and shall be credited to the employee on an hour-for-hour basis. A monthly update of the
condition of the employee by the attending primary medical doctor shall be required and
furnished to the Department Director.
8.6.4 USE OF DONATED LEAVE: An employee who has received donated vacation leave
will be able to use the leave in the same manner as if he or she had personally accrued the
leave, provided that the use of the leave is in conformance with the provisions of this
Article.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 9 of 29
Proposed contract for ratification 4/1 109
8.6.5 LEAVE ACCRUED FROM DONATED LEAVE: While using donated leave, anv leave
accmed will be used first each pay period before the balance is deducted from the donated leave.
TA'd 11-19-08.
8.6.6 UNUSED DONATIONS: In the event of excess donations received but not used due to early
recovery, resignation, retirement or death, all donations received but not utilized shall be returned
to the donating employee(s) based on the proportion of hours that employee donated in relation to
the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours
total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall
be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose
will not be considered as time used during the donor's performance rating period and does not
count as sick leave used for Sick Leave incentive purposes.,. TA'd w/changes 11-19-08.
ARTICLE 9 HOLIDAYS
9.1
HOLIDAYS OBSERVED: The following holidays shall be observed by the City:
New Years Day
Martin Luther King's Birthday
President's Day Memorial Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided
that the City takes official action to have such holiday also observed by the City.
9.2
FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by
the employee on a day mutually agreeable to the employee and the Police Chief or designee.
9.3
HOLIDAY COMPENSATION: Employees shall receive an additional eleven (11) days vacation leave
per year in lieu of holidays, except as enumerated in the premium holiday compensation section. The
accrual and payment of such additional compensation shall be in accordance with the Employer's
established practice in this regard.
I 9.4
PREMIUM HOLIDAY COMPENSATION: An employee who works during the term of this
Agreement on a holiday shall be compensated at the rate of one-and-one-half (1 Y2) times the employee's
hourly rate of pay. It is recognized that non-uniformed officers are not scheduled to work on the holidays
enumerated in this section but that such employees may work such holidays at their regular rate of pay
shall accrue an additional day to their vacation bank for each of the following holidays: President's Day,
Martin Luther King's Birthday, Veteran'~ Day and the Day after Thanksgiving. The days shall be
allocated to the vacation bank as each of these holidays arise to those officers in a non-uniformed
assignment.
ARTICLE 10
SICK LEAVE
10.1
SICK LEAVE ACCRUAL: Employees shall accrue sick leave time with pay at the rate of .046154
hours for all normal hours of work including holiday, sick leave, vacation and other paid leave time
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 10 of29
Final language changes to BPOG contract for clarification !i(g,!iIoof~4ii~y~1tq~g
10.2 MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue
'~~'_'.7' -'-"" "'- "'-+"'71"!t!""_'_-"'~-~'U~ -tr:~~ ~.
sick leave to a maximum of twelve hundred (1,200) hours a:s~O'f~,Noyemfierlkh'of
~1s1i~o/~1iiii - - - -..-
10.3 SICK LEAVE WORK PERFORMANCE BONUS - Effective January 1.
2010 employees who accrue over the 1200 hour maximum mav cash out 50% of
the hours over the 1200 hours and receive this bonus on the November 22nd pay
day. and their sick leave balance will be reduced to 1200 hours.
I 0.~4 SICK LEAVE RETIREMENT OR DEATH PAYMENT:
"':-'r;-~:..t,"'?"",~-'~'_':.""")~-" ~_ ,,_ ''''~ ._"" -~;'L^C<-"" ~t_'; ~" <.'-~
~I:6l5'\!1f;iii.~mE'0E'EfCli;~ employee~ who retir~ from City service on a service
retirement or an employee 'Nho dies shall be provided a Sick Leave Retirement
Payment at thirty-five percent (35%) of the employee's accrued and unused sick
leave hours to a maximum of 35% oC1200 hours (a maximum total of 420
hours). X!l~tti~)m:~l1{~~(ml~~m:~'[~~tQ
N:'-"--C."O,;'"" ,p;,;r'~~~r6r:aT~;~))B~tff~r~IithI'if~Yfu'ilfeffiil1~~'lli~~imPIR)~~~
Ql;i\tlie'(. 'it .. . eHo the employee's estate at the employee's regular
base hourly wage-rate in effect at the time of retirement or death. [The bargaining
unit shall take a referendum of the bargaining unit at the time of contract
ratification as to a VER^~ cash out option. If that referendHm is approved, the
following language shall be added: "The payment shall be made to a VER^~
program mutually agreed between the Guild and the City.]
Proposed contract for ratification 4/1/09
10.2
10.3
10.1;
10.~4
10.~~
excluding time for which workers' compensation time loss benefits are paid. The maximum annual
accrual is ninety-six (96) hours.
MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of
twelve hundred (1,200) hours.
SICK LEAVE WORK PERFORMANCE BONUS - Effective January 1. 2010 emplovees who accrue
over the 1200 hour maximum mav cash out 50% of the hours over the 1200 hours and receive this bonus
on the November 22nd pav dav. and their sick leave balance will be reduced to 1200 hours.
SICK LEAVE INCENTIVE: An employee who takes thirty-two (32) hours or less of sick leave in any
full calendar year shall have eight (8) hours added to his or her vacation leave balance at the beginning of
the following calendar year .
SICK LEAVE RETIREMENT OR DEATH PAYMENT: An employee who retires from City service
on a service retirement or an employee '1.'ho dies shall be provided a Sick Leave Retirement Payment at
thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of35% of
1200 hours (a maximum total of 420 hours). The payment will be made to The pavment shall be made to
a HRA VEBA program. In the event an emplovee dies before reaching retirement. the employee or the
payment will be made to the employee's estate at the employee's regular base hourly wage-rate in effect at
the time of retirement or death. [The bargainin; Hnit shall take a referenal:lm of the bargainiFlg unit at the
time of coFl-traet ratification as to a VER\ eash out option. If that referendUl-R is approved, the follo'1.'ing
laflgHage shall be added: "The payment shall be made to a VERA. program mutually agreed beh'ieen the
Guild and the City.] 11-19-08 deleted reference to WACOPS as requested by BPOG.
SICK LEAVE USE: Sick leave must be accrued in the pay period prior to use by an employee. Accrual
is not credited to an emplovee's leave balance until after payroll is posted. Anticipated sick leave must be
approved by the Police Chief or designee prior to using it. The Police Chief or designee shall not
unreasonably withhold approval of sick leave with pay from employees. Sick leave shall be made
available to each employee up to the amount of each employee's accrued sick leave balance and shall be
used in increments of no less than one-quarter (14) hour to cover an employee's absence from his or her
regularly scheduled work hours due to: TA'd w/chan{2:es 11-19-08.
1 0.~~.1 The temporary disability of an employee resulting from his or her personal illness or injury.
1O.~~.2 Providing care for an employee's child or children under the age of 18 when they have a health
condition that requires supervision or treatment, as currently defined by the Washington State
industrial welfare law, RCW 49.12.270 and as may be amended by the Washington State
Legislature. TA'd w/change 11-19-08
1 0.~~.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative
health care of the employee or the employee's child or children when such care requires parental
presence to supervise or authorize treatment. TA'd w/change 11-19-08
1 0.~~.4 Upon the birth or adoption of a child, a parent fathef may use up to three (3) days of accrued sick
leave. TA'd w/chan{2:e 11-19-08
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 11 of29
Proposed contract for ratification 4/1/09
10.~~.5 Providing for an employee's immediate family member when the family member has a health
condition that requires the assistance of an adult caretaker until such time as other care can be
arranged.
10.16
NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from
work due to causes specified in Sick Leave Use above, shall provide notification as follows:
10.16.1 ROUTINE APPOINTMENTS: The employee shall give prior notice of the date and time of the
appointment to his or her immediate supervisor. An employee's immediate supervisor may
request that the employee reschedule routine appointments when the scheduled absence of the
employee would unduly interfere with the operations of the Department. An immediate
supervisor shall not unreasonably deny an employee sick leave with pay for routine medical,
dental or oculist appointments.
10.16.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable
to report to work as scheduled due to personal illness or injury, or for other causes specified in
Sick Leave Use above, shall promptly notify the Department by telephone or otherwise as soon as
practicable and will make every effort to notify the Department within the first one-half (1;2) hour
preceding each work day of absence. In the event of a prolonged illness or injury, the Department
may exempt an employee from the requirement to daily report absences and may establish an
alternative reporting arrangement appropriate to the circumstances.
10.16.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is
injured during the employee's paid vacation or compensatory time off may request the conversion
of such paid leave to sick leave with pay by promptly notifying the department at the time of
occurrence or as soon thereafter as reasonably feasible of the illness, injury, or incapacity and
such conversion shall be granted, providing such information as is required by the Department to
verify the appropriateness if such a conversion is granted.provicled. TA'd w/change 11-19-08.
10.~+ SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent
on sick leave shall, on the day he/she returns to work, submit such forms and provide such
information as are required by the Police Chief or designee to approve the use of sick leave with
pay for the absence. The Police Chief or designee may require an employee to provide a
professional physician's verification within 36 hours after reporting to work, of an employee's,
child's or family member's illness or injury as a condition of approving sick leave with pay, if the
Police Chief or designee has a reasonable basis to suspect sick leave is not being used in
conformance with this Article. In the event the Police Chief or designee intends to require such
verification, the employee will be notified of the requirement prior to returning to work. The
Chief of Police or designee may require an employee to provide a Fitness for Duty certification
by a professional physician that the employee is sufficiently recovered as to be able to return to
work and assume his or her normal duties or light duty prior to the employee returning to work;
or, in the event the employee has appeared at work, prior to resuming work. If the Department
does not allow the employee to return to work due to a need for certification, the employee will
be allowed to continue the use of sick leave for the period required to obtain required
certification. Sick leave must be approved by the Police Chief or designee prior to allowance. The
Police Chief or designee shall not unreasonably withhold approval of sick leave with pay from
employees.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/112009-12/31/2011
Page 12 of29
Proposed contract for ratification 4/1/09
ARTICLE 11
INDUSTRIAL DISABILITY
11.1
INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES: An employee who qualifies for and is
included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes
disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability
retirement benefits provided through LEOFF I.
11.2
INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES: An employee who qualifies
for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and
who incurs a work-related illness or injury shall be provided with such compensation as is made available
through Workers' Compensation time-loss benefits as provided by Washington State law.
ARTICLE 12
OTHER PAID LEAVE
12.1
BEREAVEMENT LEAVE: An employee will be granted three (3) days of bereavement leave for
attending funerals in the State of Washington and five (5) days of bereavement leave for out of state
funerals of members of the employee's immediate family.
12.1.1 Immediate family under this Article shall be defined as spouse, child, stepchild, mother, father,
mother/father in-law, brother, sister, bother/sister in-law, grandchildren and grandparents of both
the employee and the employee's spouse. T A' d w/change 11-19-08
12.1.2 All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick
leave or compensatory time leave balance at the option ofthe employee.
I 12.2
JURY DUTY, 'NITNESS LKA~ YE: An employee shall be granted leave of absence with pay for the
purpose of reporting to or serving jury duty. Any juror fees received by the employee for the performance
of such duties shall be assigned to the City. Employees normally assigned to swing or graveyard shifts
shall be placed on the day shift on days that court appearance is required. If more than 2.5 hours of the
day shift remains at the time of release from jury duty, the employee shall report for duty. OK w/change
12.3
MILITARY LEAVE: An employee who presents official orders requiring his/her attendance for a period
of training or other active duty as a member of the United States Armed Forces or the State National
Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) twentv-
one (21) work days annually. Authorized leave of absence for additional or longer periods of time for
assignment to duty functions shall be without pay and shall be granted by the City. An employee
receiving up to twenty-one 21) fifteen (15) work days of training or serving on active duty shall receive
their regular pay and the amount received from the Federal or State government. (Pursuant to RCW
38.40.060 as may be amended from time to time). Employees recalled to active duty shall be allowed to
utilize accrued vacation leave or compensatory time to supplement military pay, but effective Jafll:lary 1,
~~mployees do not accrue any paid vacation, sick leave or other paid leave benefits while on active
duty. Durin!! periods.of militarv conflict. emplovees are entitled UP to fifteen (15) days of unpaid leave
before their spouse is deployed or while their spouse is on leave from deployment. TA'd w/changes 11-
19-08
I 12.4
EMERGENCY LEAVE: In the event of an unforeseefl emergency which requires the absence of an
employee such as the illness, injury or death of a member of an employee's immediate family, the
employee shall notifY his or her immediate supervisor as soon as possible of the required absence. Such
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 13 of 29
Proposed contract for ratification 4/1/09
emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave
balance.
12.5
ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative Leave
(leave with pay) for reasons in the best interest of the City and/or employee (e.g. to conduct an
investigation. to diffuse a work-related or personal problem that has the potential for escalation if left
unchecked, and/or has a negative effect on department/division operations, and no other solution is
available). Administrative Leave is not intended to be used in lieu of discipline. The City may place
certain reasonable restrictions on an employee on Administrative Leave and require him/her to be
available during his/her normal work schedule to respond by telephone within two (2) hours. Employees
may will be provided a pager, if needed. Employees may be placed on a different schedule to be
determined by the Chief when they are placed on Administrative Leave. If an employee is or will be
unavailable during the scheduled time frame, then a vacation leaved request, or in the case of illness or
injury, a sick leave request must be turned in to cover the amount of time the employee is or will be
unavailable.
12.6
DOMESTIC VIOLENCE LEAVE - Pursuant to State Law. Domestic Violence Leave provides
additional leave rights to employees who are victims of domestic violence, sexual assault. or stalking, or
who are family members of victims. It entitles employees to take leave to receive medical treatment,
attend legal proceedings, or address safety concerns arising out of domestic violence, sexual assault. or
stalking as outlined in City Human Resources Policy 3-20-19. TA'd 11-19-08
ARTICLE 13
RETIREMENT BENEFITS
13.1
Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies.
Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by
the amount of employee contributions to the respective retirement system, which is paid picked up by the
City. TA'd w/change 11-19-08
ARTICLE 14
INSURANCE BENEFITS
MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their
dependents as follows:
· Kitsap Physician's Service Plan A for Employees and Dependents
· Group Health Cooperative for Employees and Dependents; (Option 1)
. Another plan of substantially similar or better coverage
14.2
INSURANCE PREMIUM PAYMENTS: Payment of insurance premiums shall be made as follows:
Employee premium paid in full by the City. Employee contributions toward
dependent coverage shall be seven dollars ($7) per month per dependent to a
maximum of v,venty one dollars ($21) per month for full family eoverage for
enrollees in the Kitsap PHysiciaR' s Plan; and, teR dollars ($10) per month per
dependeRt to a maximum of thirty dollars ($30) per month for feIlI family
coverage for enrollees in the Group Health Cooperative Plan. Effectivo January
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 14 of29
Proposed contract for ratification 411/09
1, 2007, employees shall pay nventy dollars ($20) per dependent for either KPS
or Group Health up to a maximum of sixty ($60) per month for full family
coverage. Eff-ective January 1,2008
.!;.employees shall pay ten percent (10%) of the dependent premium for either of
the two plans.
Effective upon ratification. the City will offer medical coverage to dependents of
employees in Domestic partnerships that have filed their status with the State as
required by law and have met the minimum affidavit requirements.
H.3 KPS COST CONTf~INMENT MEf~SURES: The follo\ving cost containment measures uRder
KPS became effectiTlc March 1,2001:.
H.3.1 $10 OFFICE VISIT CO Pf..YMENT Effecti';e March 1, 2001,
employees and dependents enrolled under KPS 'NiII pay a $10 co payment per office
visit. Co payments shall not ~pply tO'Nards satisfaction of the calendar year deductible.
H.3.2$50 .A~NNlL\L PH;\mL:\CY CO Pf~Y1\iENT Effective March 1, 2001,
employees and dependents enrolled under KPS 'lIil1 pay an additional
annual co pay of$50.00 for co','ered prescriptions.
+4,.l WELLNESS PROGRAM: Effectiye JaHl:1ary 1, 2003 ~employees and their dependents enrolled
in the KPS Healthplan will-have Well Care included in their Healthplan. Well Care will cover~
well baby care and child and adult well care up to a maximum of $200 per Calendar year for each
employee and dependent. Well Care benefits are not subject to the Deductible or co-pay. Specific
details on the program areviill be included in the Employees' Benefit Booklet for Plan As
distributed by KPS. BPaG aK w/changes by City
14.4 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain
medical insurance covera~e through the City and who provides proof of credible coverage through
his/her spouse or other source shall be entitled to receive a stipend of one hundred fifty dollars
($150.00) per month. payable in the amount of seventy-five dollars ($75.00) per pay. Employees
shall be required to notify Human Resources. in writing. during open enrollment of their desire to
waive medical coverage. or at anytime during the year if a qualifying event occurs which would
change their status (e.g. marriage. divorce. spouse loss of iob or medical coverage). For initial
implementation of this benefit for those who elect to waive coverage. the ~ayment onhe stipend will
not be retroactive to January 1.2009. but will become effective the first pay period of the next month
following ratification of the agreement. Since both KPS and Group Health underwriting
requirements require a 75% participation rate. in the event that there is less than a 75% participation
rate due to employees waiving medical coverage. the City may cease offering the stipend due to the
adverse impact upon those insured. BPaG a~ees to language
14.5
DENTAL INSURANCE: The City shall provide the same benefit levels as are contained in the
Washington Dental Service Plan fA dental insurance coverage for employees and their dependents and
provide for full payment of insurance premiums. TA'd w/change 11-19-08
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 15 of29
Proposed contract for ratification 411109
14.6
DISABILITY: Employees, who are covered by the Washington State Retirement System commonly
known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage,The City shall pay
a maximum of $20 per month per eligible and enrolled employee toward premium costs. The remainder
of all premium costs shall be borne by the enrolled employee and shall be paid to the insurance company
through payroll deductions authorized by each enrolled employee. The Guild shall select the L TD plan
under which they will be enrolled.
14.7
INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall require the KPS medical
plan provider to provide a structured accounting to the City at least annually. Such accounting shall
include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves,
administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Guild
upon request. The City agrees that premium rebates, reserve account rebates or any other monetary
returns to the employer from the insurance providers together with subsequent interest earnings thereon
shall be used exclusively to defray the costs of premium increases in the plan, and. increase benefit levels,
or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium
increases shall be any increase over the 1994 levels.
14.8
INSURANCE COMMITTEE: The Insurance Benefits Committee shall be comprised of the following
members: Mayor or designee, Human Resources Manager, or designee, Administrative Services Director
or designee, one employee selected by the non-represented management and professional employees, and
one individual selected by each of the recognized unions. The Committee shall elect a chair and any other
officers it deems appropriate.
-l4:9
Effective Jafll:lary 1, 1999, should Group Health Cooperative, now or in the fl:lture, reqHire a co pay, the
co pay '.','ill be paid by the employee. The amount the employee is obligated to pay shall not exceed fi','e
dollars ($5.00) per visit. BPOG OK w/change
14.2-W
The Guild agrees to participate in a joint study of medical insurance.
ARTICLE 15
CLOTHING AND UNIFORM CLEANING ALLOWANCE
15.1
PURCHASE OF UNIFORMS: The Q!yemplo)'er shall establish a Clothing Allowance Fund for the
Bremerton Police Department. Each employee shall be furnished uniforms as designated by the Chief of
Police or designee. Such uniforms shall be replaced on an as-needed basis from the Clothing Allowance
Fund, as determined by the Police Chief or designee. All uniforms purchased by the CitvEmployer are-te
be and remain the property of the ~Employer.
15.2
CLOTHING ALLOWANCE: An annual clothing allowance effecti','@ January 1, 2000, equal to four
hundred and seventy-five dollars ($475) per year will be provided to non-uniformed, sworn personnel.
Such allowance shall be paid one-half during the months of January and July. In the event an employee is
transferred to the Detective Division and is assigned as a Detective, he/she will receive a pro-rata clothing
allowance payment. If an employee in this unit separates from employment, a pro-rata amount will be
deducted from his final paycheck. The ~Employer shall withhold the necessary federal income tax
from the clothing allowance as required by the Federal Tax Code as now written or hereafter amended.
15.3UNIFOR1\f CLE.A1NINC "~1LLOW.A1NCE: There shall be aH annual uniform eleaning allO'lvance per month. This
applies to all employees.
Proposed Contract for Ratification
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 16 of29
Proposed contract for ratification 4/1/09
-The annual eleaning alImvance of five hundred fifty dollars ($550.00), is payable in the amount of 1\'1'0
Inmdred seventy five dollars ($275.00) during January and July.
-Should an employee leave the service of the City, any portion of the unused cleaning alh.vance shall be
deducted from the employee's severance pay. The City shall 'NitJ;JJl01d the necessary federal iFleome tax
from the cleaning allmvanee as required by the Federal Tax Code as now written or hereafter amended
15.1
CLK"1NINC CONTRf\CT: In the e'.'ent the City secures a cleanin;; contract with aFl independent
cleaning company (hIring the term of this .^.greement, the uniform cleaning allowance shall become null
and void.
DRY CLEANING FOR UNIFORMED MEMBERS (OPERATIONS DIVISION): The City will
provide drv-cleaning for two (2) uniforms per week for uniformed guild members and have the patrol
iacket laundered no more often than once per month in the event that a member's iacket becomes
excessively soiled.
15.3
15.4
NON-UNIFORMED . MEMBERS (SUPPORT SERVICES DIVISION) CLEANING
ALLOWANCE: Effective July 1. 2009 the City will provide non-uniformed members an annual cleaning
allowance of five-hundred fifty dollars ($550.00) payable in the amount of two hundred and seventy-five
dollars ($275.00) during January and July. Should an employee transfer out of Support Services into
Operations. thev will be eligible for drv cleaning services provided bv the City beginnin~ when the next
date for payment of cleaning allowance would be due them. The City shall withhold the necessary federal
income tax from the cleaning allowance as required by the Federal Tax Code as now written or hereafter
amended
+5.5 MOTORCYCLE BOOTS: The City shall provide the sum of two hundred fifty dollars ($250.00) one hundred
dollars ($1 GO.OO) to Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement moneys
will be approved only after the Police Chief or designee authorizes such replacement based on wear/tear of motorcycle
boots.
15.6
"A1LTER.~f1TE CLOTHINC & UNIFORM CLKA1NINC "\LLOW""~CE REIMBURSEMENT
METHOD: :\t the employee's option, he or she may submit appropriate receipts for reimbursement of
either or both of these allmvances only up to tHe maximum allovlance amoHnts as listed in Seetions 15.2
and/or 15.3. This method 'sill be in lieH of the provisions of Article 15.2 and 15.3. fin employee must
inform the Treasurers Office FlO later than January 1 of each year that he or she 'wishes to utilize this
alternative.
Should an employee leave the serviee of the Employer, any portion of the uFlused eieaning allo',yance
shall be deducted from the employee's severance pay. The Employer shall \vithhold the necessary federal
income tax from the cleaning allovlance as required by the Federal Tax Code as nO'N '.witten or hereafter
amended.
ARTICLE 16
PERSONNEL PRACTICES
16.1
DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following
definitions shall apply:
..J.-6:-l.-,+PROBATIONARY EMPLOYEE: All employee~ servs:ffig-a twelve (12) month probationary period commencing
upon the initial date of hire for certified officers, and in the case of non-certified personnel. twelve (12) months from the
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 17 of29
Proposed contract for ratification 4/1/09
date of graduation from the Police academv.as a permanent employee Deuring this wffi€h time the employee may be
discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations (Section 12-
PROBATION) and without recourse to the grievance procedure. OK BPOG.
~16.1.1 PROMOTIONAL PROBATION; A twelve (12) month period commencing upon the
initial date of a regular permanent promotional appointment during which a promoted employee
who is unable to perform the duties of the higher level position shall be returned to his or her
previous classification at the time of appointment at the sole discretion of the City, consistent
with applicable Civil Service Rules and Regulations (Section 12 - PROBATION) and without
recourse to the grievance procedure. T A' d w/change 11-19'-08 .
16.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington
State Retirement System commonly known as "LEOFF I".
16.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington
State Retirement System commonly known as "LEOFF II".
16.1.5 BASE RATE OF PAY: The base pay rate for an employee as listed in AppendIx" A" excluding
longevity and any other premium pay.
16.2
INDEMNIFICATION OF EMPLOYEES: The City shall provide legal defense and will pay all
legitimate claims, settlements, judgments, and associated costs for employees and their marital
communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in
the good faith performance of the City's business.
16.3
PROVISIONAL APPOINTMENT: Any employee who is appointed to a position classification by the
Chief of Police on a provisional basis shall be paid the established compensation for such position
classification.
16.4
DEPARTMENT POLICY MANUAL AND POLICY CHANGES: The Police Department Policy
Manual will be distributed to all bargaining unit. employees. The employee will acknowledge receipt of
and will become knowledgeable of the Manual's or Policy's contents. All revisions to the Manual or
Policy that apply to members of the bargaining unit will be provided to employees for inclusion in the
Manual. Further, the Department will inform the Guild of policy revisions prior to enactment.
16.5
POLICE OFFICERS INTERVIEW GUIDELINES: The Safety of our community and its citizens,
plus the integrity and reputation of the Police Department depends to a great extent on the manner in
which the members of the department perform their varied and difficult duties. To ensure that internal
investigations are conducted in a manner conducive to good order and discipline, and also observe and
protect the individual rights of each member of the Department, the following rules are hereby
established:
16.5.1
The interview of any Department member shall be conducted at a reasonable hour,
preferably when the member is on duty and/or during daylight hours, unless the urgency
of the investigation dictates otherwise. If such interview occurs during off-duty time of
the member being interviewed, the member shall be compensated for his or her off-duty
time in accordance with the overtime provisions of this Agreement.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 18 of29
Proposed contract for ratification 4/1/09
16.5.2
16.5.3
16.5.4
16.5.5
16.5.6
16.5.7
16.5.8
16.5.9
16.5.10
The interview shall take place at a location designated by the investigation officer,
preferably at the Police Department.
Before any questioning commences, a member of the Police Department shall be advised
in writing in the event that person becomes a suspect in an administrative investigation.
The member being interviewed shall be informed of the nature of the investigation, and
name( s) of all complaining parties before the interview commences.
The member being interviewed shall be informed of his or her right to and be afforded an
opportunity and the necessary facilities to contact a Guild representative prior to
commencement of the interview. The member's representative may be present during the
interview. Nothing herein shall in any way restrict the rights of the representative with
the employee during ~e process of the interview.
The interview shall be conducted in the most expedient manner consistent with the scope
and gravity of the subject matter of the interview. The member shall be permitted
reasonable periods to attend to personal necessities.
The member shall not be subjected to offensive language or intimidation during the
process of the interview. No promises or rewards shall be made to the employee as an
inducement to answering questions. When the member is being interviewed in a non-
criminal matter for violation of departmental rules, regulations or orders, that member
shall answer truthfully all questions concerning the investigation posed to him or her by
the interviewing officer. When the member refuses to answer such questions, he or she
will be informed that his or her refusal to answer may become the subject for disciplinary
action.
A member shall not be required to take a truth verification test as part of the interview
process.
Nothing contained in any of the above guidelines shall restrict and/or limit the authority
of the Chief of Police or designee in the performance of his or her duties and
responsibilities as the Chief Administrator of the Bremerton Police Department.
No tape recording will be made of the interview without prior advisement. There will be
no off-the-record questions during a recorded interview, unless the parties mutually
agree. If the Department tape records the interview, a taped copy of the complete
interview of the employee, noting all recess periods, may be furnished, at the cost of the
tape, upon request of the employee. If the interviewed employee is subsequently
disciplined and any part of any recording is transcribed by the employer, the employee
shall be given a complimentary copy thereof. The Guild may be allowed to tape record
the interview.
When the member being interviewed is in custody, or is likely to be placed in custody as
a result of the interview, that person shall be informed of his or her Constitutional Rights
prior to commencement of the interview. The member may request a postponement of the
initial interview to contact an attorney. The interview may not be postponed. more than
twenty-four (24) hours with allowances being made for weekends and holidays.
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009-12/31/2011
Page 19 of29
Proposed contract for ratification 4/1 109
16.5.11
Use of Deadly Force: When an employee uses deadly force pursuant to RCW
9A.16.01O (2) , the employee shall not be required to make a written statement for
twenty-four (24) hours after the incident. The officer may be required to verbally report a
brief summary of the facts of the incident to include information for securing evidence,
identifying witnesses, apprehending suspects, securing search warrants (clarification
only), or any other exigent circumstances. The affected employee may waive the twenty-
four (24) hour requirement.
ARTICLE 17
MANAGEMENT RIGHTS
17.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of
the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt
rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for
just cause, to assign work and determine duties .of employees, to determine number of personnel to be assigned duty at
any time, to determine and introduce new work methods or facilities to increase productivity for operation of the
Department and to perform all of the functions not otherwise expressly limited by this Agreement; provided, nothing
herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56.
I 17.2
The Chief of Police may change Crime Scenes/Evidence Technician and/or Community Resource Officer
to civilian positions, provided that the same number of sworn police officer positions are maintained in
the Department.
ARTICLE 18
PERFORMANCE OF DUTY/NO STRIKE
18.1
The City and the Guild recognize that the public interest requires the efficient and uninterrupted
performance of all City services and pledge their best efforts to avoid or eliminate any conduct contrary to
this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to
refuse to perform his or her duties to the best of his or her abilities. During the term of this Agreement,
the Guild and/or membership shall not cause, engage in or sanction any work stoppage, strike, walkout,
sit-down, stray-in, slowdown, sick-in, curtailment of work, or interference with City operations at any
location whatsoever; provided, that nothing herein shall be interpreted as to prohibit lawful information
picketing. Employees who engage in any of the foregoing or similar activities shall be subject to
immediate disciplinary action up to and including discharge. The City shall not institute any lockout of
employees during the term of this Agreement.
ARTICLE 19
GRIEVANCE PROCEDURE
19.1.
DEFINITIONS:
19.1.1
GRIEVANCE: A grievance is an allegation of a violation of the terms and conditions of
this Agreement which is to be resolved through this Grievance Procedure.
19.1.2
CIVIL SERVICE APPEAL (Section 5-APPEALS): An appeal is an allegation of a
violation of the Civil Service Rules that is to be resolved through the Civil Service
Appeals procedure and is not resolvable through this Grievance Procedure.
Proposed Contract for Ratification
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 20 of29
Proposed contract for ratification 4/1/09
19.1.3
UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a
violation of the Washington State statutes governing public employment labor relations
which is to be resolved through the Public Employment Relations Commission's rules
and regulations and is not resolvable through this Grievance Procedure.
STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated
shall first discuss the matter with the person who took the action giving rise to the belief with his or her
immediate supervisor within fourteen (14) calendar days of the date the action took place or within
fourteen (14) days of the date upon which the employee, by due diligence, could reasonably have been
expected to know of such action. The person who took, the action shall provide the employee with a
written response within fourteen (14) calendar days of the date upon which the grievance was discussed
with the employee.
19.2
19.3
STEP 2: In the event that the person who took the action does not resolve the issue to the satisfaction of
the employee at Step 1 of this procedure, the employee shall reduce the matter to writing and shall:
19.3.1
19.3.2
19.3.3
19.3.4
State whether the employee is selecting a Civil Service Appeal or the Grievance
Procedure herein as the dispute resolution method to be used to resolve the issue.
In the event the employee selects the Civil Service Appeal method, the employee shall
comply with the Civil Service Rules in processing the matter.
In the event the employee selects the Grievance Procedure method, the employee shall
reduce the matter to a written grievance and shall state: the section (or sections) of this
Agreement which is/are alleged to have been violated; an explanation of the grievance in
detail, including dates, actions and such other information necessary to a full
investigation of the facts and circumstances giving rise to the grievance; and the remedy
sought.
The employee shall have the right to be assisted by an authorized Guild representative in
reducing his or her grievance to writing. The employee shall present the written grievance
to the immediate superior of the person who responded to Step 1 above within fourteen
(14) calendar days of the date the employee received a written response at Step 1 of this
procedure. In the event the Police Chief responded at Step 1 above, the employee shall
proceed to Step 4 of this Grievance Procedure. The immediate superior may meet with
the employee and the employee's Guild Representative within fourteen (14) calendar days
after receipt of the written grievance for the purpose of considering the matter. The
immediate superior shall reduce his or her decision to writing and shall transmit the
decision to the employee with a copy to the Guild representative within fourteen (14)
calendar days of receiving the written grievance or of meeting with the employee and the
Guild Representative.
STEP 3: In the event that the immediate superior does not resolve the grievance to the satisfaction of the
employee at Step 2 of this procedure, the employee shall transmit a copy of the original grievance along
with a copy of the written response received at Step 2 to the Police Chief within fourteen (14) calendar
days of receipt of the immediate superior's written response. The Police Chief may convene a meeting
with the Guild representative in an attempt to resolve the grievance. The Police Chief shall reduce his or
her decision to writing within fourteen (14) calendar days of the Chiefs personal receipt of the grievance
19.4
Proposed Contract for Ratification
City of Bremerton and the BPaG
l/l/2009 - 12/3l/2011
Page 21 of29
Proposed contract for ratification 4/1 /09
or, if a meeting was held, within fourteen (14) calendar days after meeting with the Guild Representative
and transmit the decision to the Guild.
19.5
STEP 4: In the event that the Police Chief does not resolve the grievance at Step 3 of this procedure, the
Guild may request arbitration of the issue by written notification to the Director of Human Resources
Manager within thirty (30) calendar days of receipt of the Police Chiefs decision. In the event the Guild
does not request arbitration of the issue within the thirty (30) calendar day period, the grievance shall be
deemed withdrawn. Prior to the selection of an arbitrator and submission of the grievance for hearing by
said arbitrator, the Director of Human Resources Manager shall informally review the grievance and
determine whether said grievance may be adjusted to the satisfaction of the employee. The Direetor of
Human Resources Manager shall have fourteen (14) calendar days in which to review and seek
adjustment of the grievance.
19.6
SELECTION OF ARBITRATOR: A neutral arbitrator shall be selected by. mutual agreement or
through a mutually agreeable process. In the event the parties cannot agree, either party may petition the
Public Employment Relations Commission for a panel of arbitrators.
19.7
POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a
hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and
private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues
submitted for decision and shall not add to, subtract from, nor in any way otherwise alter or recommend
the alteration of the terms and conditions of the Agreement in deciding the matter. Within thirty (30) days
of the close of the hearing or submission of briefs, whichever occurs later, the arbitrator shall render a
written decision, which shall be binding upon the parties. The arbitrator shall conduct the arbitration
hearing in conformance with the Voluntary Rules for Labor Arbitration of the American Arbitration
Guild.
19.8
COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the
parties. Each party shall singly bear all costs related to preparing and presenting its own case before the
arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost
of obtaining such record.
19.9
TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be waived
by mutual agreement of the Guild and the City. All procedures contained herein shall be complied with as
expeditiously as practicable.
ARTICLE 20
SEVERABILITY
20.1
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction,
the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and
effect. The Guild and the City shall immediately meet and attempt to renegotiate any provision found
invalid.
ARTICLE 21
ENTIRE AGREEMENT
21.1
The Guild and the City acknowledge that each has had the unlimited right and opportunity to make
. proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the
exercise of that right are set forth in this Agreement. Therefore, the City and the Guild each voluntarily
Proposed Contract for Ratification
City ofBremerton and the BPOG
1/1/2009 -12/31/2011
Page 22 of29
Proposed contract for ratification 4/1/09
and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject
or matter not specifically covered by the Articles of this Agreement during the term of this Agreement,
except as mutually agreed upon. The Employer shall not unilaterally change any mandatory subject of
bargaining without providing the union with prior notice and the opportunity to bargain.
ARTICLE 22
CONFLICTING PROVISIONS
22.1
In the event that any provision of this Agreement is found to be in conflict with any other Resolution,
Ordinance, Policy, Regulation or Rule of the City, the provision of this Agreement shall prevail.
ARTICLE 23
LABOR MANAGEMENT COMMITTEE
23.1
LABOR MANAGEMENT: The Employer and the Guild agree that a need exists for closer cooperation
between labor and management. To accomplish this objective, the Employer and the Guild agree that no
more than four (4) duly authorized representatives of the Guild shall function as one-half (Yz) of a Labor-
Management Committee, the other half being no more than four (4) certain representatives of the
Employer named for that purpose. The committee shall meet as needed at least once every three (3)
months for the purpose of discussing and facilitating the resolution of all problems, which may arise
between the parties. The meeting shall be audio recorded and the City Employer shall provide a draft of
the minutes of the meeting to the Guild's committee within (2) two weeks of the meeting. AHfl.e
eomlTlittee's discretion, additional meetings may be held. The committee shall be chaired by a member
elected by the committee. 11-18-09 agreed to add in "audio", otherwise OK w/changes proposed by City.
TA'd 1/27/09
23.2
Should the Guild and Employer mutually agree to change, add, or delete any provision of this Agreement,
policies, rules or other matters, such change shall be set forth in writing
ARTICLE 24
PREMIUM PAY
24.1
MASTER PATROL OFFICER: Effective upon assignment, any employee who meets the requirements
for the Master Patrol Officer (MPO) program shall receive a premium of five (5%) of their base monthly
rate of pay for all hours worked as an MPO.
24.2
K-9 STIPEND: Effective upon assignment~ -a K-9 Officer shall receive as compensation for the care and
maintenance of his/her dog and equipment, a K-9 stipend of three (3) hours per week at 48% of a Step 5
Police Officer overtime rate. 11-19-08 BPOG OK with comma inserted.
24.3
FIELD TRAINING OFFICER PREMIDM. Field Training Officers shall receive a premium equal to
three percent (3%) of their base monthly rate of pay when performing the duties for an entire shift. This
premium may not be pyramided for those officers receiving the MPO premium.
ARTICLE 25
RETIREMENT BENEFITS/DEFERRED COMPENSATION
25.1 25.1 DEFERRED COMPENSATION: The City shall match the payroll deduction in an amount up to but not
to exceed three percent three and one halfpereeflt (3.5%) of the employee's base monthly pay rate. Effective Jamlary
1, 2008, tlhe City shall match the payroll deduction of any written request by an employee covered by this
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 23 of 29
Proposed contract for ratification 4/1/09
Agreement, in an amount not to exceed four percent (4.0%) of the employees base monthly pay rate. This shall not
apply to LEOFF II employees who have completed 15 or more years with the City.
25.2 LEOFF II EMPLOYEES WHO HAVE COMPLETED FIFTEEN (15) OR MORE YEARS WITH THE
CITY - LEOFF II employees shall be required to contribute four per cent (4%) into Deferred Compensation. This
does not preclude a LEOFF II employee from deferrin~ more than the required contribution. (Incorporates MOD
language)
~ CONVERSION TO LONCE'/ITY: Employees who hi.t':e completed fifteefl (15) or more years 'i'l'ith
the City may elect, by notif)'ing the City in writil'lg on an annual basis, that they ",<,ish to convert all or a
portion oftheir deferred compensation to loogeyity. Such cOl'l'lersion shall only be permitted in one half
percel'lt (1/2%) increments. Once an emplo);ee has elected to make the conyersion from def-erred
col'l'l.}iensation to longevity, they 'Nillnot be permitted to mal~e any chan.;es vlhatsoeyer to the percenta.;e
converted, for a fl:lll12 month period.
~25.3 LIFE INSURANCE: Effectiye July 1, 200a, The City shall provide life ipsurance coverage in an
amount equal to fifty thousand ($50,000) with a mutually agreed upon carrier.
25.4 RETIREMENT MEDICAL SAVINGS ACCOUNTS: Effective JaAHaf)' ],2008, t-Ihe City shall
contribute thirty dollars ($30.00) per month on behalf of each employee to a Health Rimbursement
Arrangement (HRA) through Voluntary Emplovee Benefits Association (VEBA) trust.a Medical Savings ,'\ccount
mutually agreed upon between the City and the GHild. ]] -19-08 spelled out HRA VEBA.
ARTICLE 26
EDUCATIONAL INCENTIVE
I 26.1 Effective Januaf)' ], 2006 ~employees shall be eligible to receive Educational Incentive pay according to the
following:
Associate's degree or equivalent (90 quarter or 60 semester hours)
Bachelor's Degree
Two percent (2%)
Four percent (4%)
26.2 Degrees and credit hours earned shall be documented through official transcripts from accredited colleges or
universities. It shall be understood that for the 90 quarter or 60 semester hours to be accepted, they must be
courses required in the pursuit of an Associates or Bachelors degree from an accredited college or university.
26) Educational Incentive pay shall not be cumulative and it shall be the responsibility of the employee requesting
educational incentive pay to provide the City with certified transcripts of his/her hours earned and/or degree( s)
awarded. Educational Incentive shall be paid to the employee beginning the next pay period following receipt of
the documentation, and shall not be retroactive.
I 26.4 Officers on probationary status shall not be eligible for educational incentive pay.
~A1RTICLE 27
ST;\.L~ll,\RDIZ.A1TION OF SERVICE WEAPON
Effective ,'\pril 1, 2003, employees covered by this a.;reement shall be required to qual if)' with aAd carf)' a .10 caliber
semi automatic handgHo as their standard duty service '.veapon. Prior to March 31, 2003 the City 'NiB reimburse the
employee a one time sum of $250.00 toward the purchase of the required service 'Neapon. 1 ]-19-08 BPOG agreed to
deletion of entire article entitled Standardization of Weapons
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/ 1/2009 - 12/31/2011
Page 24 of 29
Proposed contract for ratification 4/1/09
ARTICLE 218
TERM
2}&.1 This Agreement shall become effective January 1,20026 and shall remain in effect through December 31,
2011()8., and may be extended thereafter by mutual agreement. It is further agreed that the City or the Guild may
request reopening of this Agreement any time within six (6) months of the expiration for the purpose of
negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to
the other party. BPOG &CITY 3 yr. contract
This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this
Agreement shall become binding upon the City, the Guild and all of the employees in the bargaining unit covered by this
Agreement.
I DATED THIS ~Rd DAY OF March, 200e2~
CITY OF BREMERTON:
BREMERTON POLICE OFFICERS GUILD:
I Carol S. Conley, Human Resources ManagerDirector
Roy Alloway, President
I Craig Rogers, Police Chief
Matt Th.uringDonnell Rogers, Vice President
Honorable Cary Bozeman, Mayor
Member Board of Directors
ATTEST:
Member Board of Directors
I Paula Johnston Carol Etgen, City Clerk
. Member Board of Directors
APPROVED AS TO FORM:
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009 - 12/31/2011
Page 25 of 29
Proposed contract for ratification 4/1/09
Roger Lubovich, City Attorney
Proposed Contract for Ratification
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 26 of29
Proposed contract for ratification 4/1/09
APPENDIX B
TO THE AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
AND
BREMERTON POLICE OFFICERS GUILD
JANUARY 1, 2002~ THROUGH DECEMBER 31, 2011G8
THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON
("Employer") and the BREMERTON POLICE OFFICERS GUILD, ("Guild").
Master Police Officer:
The Master Police Officer (MPO) program is viewed as an enhanced career development opportunity for the sworn
employees of the Bremerton Police Department. The purpose of an MPO program is to allow qualified non-ranking
officers with special technical al1d administrative skill to be elevated to a new level,
Qualifications:
A.
An employee has served as a top step police officer for three (3) consecutive years.
B.
Employee has completed, in the course of their employment as a law enforcement officer, 400 hours of
law enforcement specialty training that does not include the training hours of basic academy; basic
equivalency academy; repeated training classes: or refresher training ofBAC or first aid.
C.
Employee has served at least 12 months on each patrol shift after completing initial probation. It shall be
understood that employees may not "double or tripe stack" their time.
Example: An officer who has been concurrently assigned to K-9 and the graveyard shift for 3 years may not count 3 years
of graveyard and 3 years ofK-9; however, the employee may divide the 3 years as desired such as 1 year of graveyard and
2 years ofK-9.
D.
Employee has served satisfactorily in a secondary assignment(s) for the BremertonPolice Department for
a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally
assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes,
Community Resource Officers, Traffic, K-9, School Resource Officers and West Park Officer. Additional
secondary assignments as they may be developed can be added to this list.
E.
Employee maintains acceptable work performance standards and has not had a sustained Internal Affairs
investigation one year prior to MPO acceptance. The selection panel may consider other types of minor
complaints on a case-case basis.
Proposed Contract for Ratification
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 27 of29
Proposed contract for ratification 4/1/09
F. MPO's will be assigned as OIC and FTO as needed. Employee will only handle the sergeant's duties when
he/she has been assigned as OIC or during limited exceptional circumstances. An employee will not be
assigned as OIC while acting in an FTO capacity except during limited exceptional circumstances.
G. MPOs shall not be eligible to receive OIC pay and their 5% MPO premium pay.
H. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel.
Maintaining MPO Status:
To maintain MPO status an employee must:
A.
Be assigned to the Uniformed Division upon appointment to MPO status for not less than 18 months. If
the employee is vacating a non-uniformed position, the employee shall be assigned to the Uniformed
Division within a reasonable time period, which allows the Department to assign and train a replacement.
B.
Maintain satisfactory work performance.
C.
Not have sustained any major policy rule violations, committed insubordination or be subject to continued
citizen complaints.
D.
Show a commitment to continuance of law enforcement training while serving as an MPO.
If an employee fails to maintain these conditions, he/she will be removed from MPO status by the Chief of Police after
review by the selection panel, and must wait eight months before reapplying. An employee shall not be removed from
MPO status due to a new assignment in non-uniformed position.
MPO Cap:
The number ofMPO's shall not exceed (14) fourteen.
Selection Panel:
A.
The original selection panel will consist of two management personnel and two members of the Board of
Representatives of the Guild who do not qualify for selection. Future selection panels will consist of three
MPO's and two management personnel.
B.
Selection panel will meet as needed to review and select applicants for Master Police Officer appointment
and will use the following criteria:
I. Candidates will be listed by seniority, and then given points as follows:
# 1 candidate - 14 point
#2 candidate - 12 points
#3 candidate - 10 points
#4 candidate - 8 points
#5 candidate - 6 points
#6 candidate - 4 points
#7 candidate - 2 points
Proposed Contract for Ratification
City of Bremerton and the BPOG
1/1/2009-12/31/2011
Page 28 of29
Proposed contract for ratification 4/1/09
2. Candidates will be listed by number of Training Hours and given points as follows:
# 1 candidate - 7 points
#2 candidate - 6 points
#3 candidate - 5 points
#4 candidate - 4 points
#5 candidate - 3 points
#6 candidate - 2 points
#7 candidate - 1 points
(For purposes of this selection process, an Associates Degree in a Police related field will count for 100 hours, and a
Bachelors Degree in a Police related field will count for 200 hours.)
3. Candidates will receive one additional point for each additional special assignment of 18 months
or longer up to a maximum of three points. Should two or more candidates have equal standing, their
points will be added and then divided by two (example: top two candidates have the same seniority so
each gets 13 points). Should there be a tie after the points have been totaled, the selection panel will be
required to resolve it and provide a single list to the Chief.
C.
MPO assignment openings will be announced pursuant to Chapter 12 of the Department Manual by
posting the information throughout the Department.
D.
Candidates will apply for MPO positions by submitting a letter and written summary of years of service,
training and education, special assignments and letters of recommendation.
E.
The Chief of Police will request the panel convene to review a specific MPO's status.
F.
Decisions by the selection panel regarding selection or removal from the MPO program are not subject to
the grievance procedure.
Proposed Contract for Ratification
City of Bremerton and the BPaG
1/1/2009 - 12/31/2011
Page 29 of29
APPENDIX A
TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD
January 1, 2009 through December 31, 2009
Effective January 1, 2009, the base rates of pay for employees shall be as follows:
BPOG Pay Plan as of 1.1.2009 with 5.00% CPI Adjustment
A
It. b
2088 h
nnua sa anes ased on ours per year.
SteD 1 ~ SteD 3 SteD 4 SteD 5 Master PO MPO Dlff
Police Officer Annual 58,818.96 61,011.36 63,851.04 66,690.72 72,474.48 76,107.60
Monthly 4,901.58 5,084.28 5,320.92 5,557.56 6,039.54 6,342.30
Semi-Monthly 2,450.79 2,542.14 2,660.46 2,778.78 3,019.77 3,171.15
Hourly 28.17 29.22 30.58 31.94 34.71 36.45 1.74
+Longevity Base +1.25% 28.52 29.59 30.96 32.34 35.14 36.91 1.77
Base "'2.50% 28.87 29.95 31.34 32.74 35.58 37.36 1.78
Base "'7.75% 30.35 31.48 32.95 34.42 37.40 39.27 1.87
Base "'9.00% 30.71 31.85 33.33 34.81 37.83 39.73 1.90
Base "'10.5% 31.13 32.29 33.79 35.29 38.35 40.28 1.93
Deferred Compo 4% 98.03 101.69 106.42 111.15 120.79
~ SteD 2 ~ SteD 4 SteD 5
(OIC)
Sergeant Annual 78,467.04 80,200.08 81,870.48 83,624.40 85,336.56
Monthly 6,538.92 6,683.34 6,822.54 6,968.70 7,111.38
Semi-Monthly 3,269.46 3,341.67 3,411.27 3,484.35 3,555.69
Hourly 37.58 38.41 39.21 40.05 40.87
+Longevity Base "'1.25% 38.05 38.89 39.70 40.55 41.38
Base "'2.50% 38.52 39.37 40.19 41.05 41.89
Base +7.75% 40.49 41.39 42.25 43.15 44.04
Base "'9.00% 40.96 41.87 42.74 43.65 44.55
Base "'10.5% 41.53 42.44 43.33 44.26 45.16
Deferred Compo 4% 130.78 133.67 136.45 139.37 142.23
SERGEANT CLASSIFICATION - Any employee who is promoted to the classification of Sergeant shall be placed at Step 3 of the
Sergeant classification, provided, however, an employee hired as a Sergeant through a lateral transfer, having not served as a police
officer with the City of Bremerton, may be placed into Step 1 of the Sergeant classification.
DATE SUBMITTED: April 1, 2009
BlLL#~ -095
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ft,'-A'
......................................................~..................................
SUBJECT: Resolution No. 3oaJ.. accepting
the Sylvan Products INC request for
annexation and authorizing the submittal of a
75% petition for annexation.
Committee Meeting Date: April 8, 2009
COUNCIL MEETING Date: April 15, 2009
Department: DCD
Presenter: Andrea Spencer
Phone: 360-473-5283
SUMMARY: The Resolution accepts the Sylvan Products INC request for annexation; this
annexation is proposed for territory located within the SKIA UGA. The request represents 100% of
the territory (which is more than the 10% required) proposed for annexation. The Resolution
authorizes the preperation of75% annexation petition.
ATTACHMENTS:
1) Proposed Resolution 110. 3()B~
Exhibit A Sylvan Products Inc. request for annexation.
Exhibit B Map of proposed annexation
FISCAL IMPACTS (Include Budgeted Amount): The financial impacts have been fully studied in
the City's Financial Assessment oft SKIA area annexation report published on June 16,2008.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
2%P~
CONSENT AGENDA 0
GENERAL BUSINESS 11
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to pass Resolution No. 3oeJ- accepting the request for
annexation and authorizing the submittal of a 75% petition for annexation from Sylvan Products INC
for territory within the SKIA UGA.
COUNCIL ACTION: D Approve 0 Deny 0 Table
o Continue D No Action
RESOLUTION NO. 3ot>t?-
A RESOLUTION of the City Council of the City of
Bremerton, Washington, accepting the proposal for annexation as
presented, authorizing the submittal of a 75% petition for
annexation and further requiring the assumption of all of the City's
existing indebtedness by the area to be annexed.
WHEREAS, on March 2,2009, the City received a request from Sylvan Products,
Inc. to commence annexation proceedings for approximately 5.67 acres of territory to the City of
Bremerton; and
WHEREAS, the area proposed by the initiating party for annexation is described
and further depicted in the request for annexation attached hereto as Exhibit A and incorporated
herein by reference; and
WHEREAS, the initiating party is the owner of one hundred percent (100%) of
the pr9perty according to the assessed valuation as well as the acreage for which annexation is
requested, which is well in excess of the ten percent (10%) in value or acreage of the property
required to initiate an annexation into the City of Bremerton; and
WHEREAS, the proposed area for annexation is located within the South Kitsap
Industrial Area (SKIA) Urban Growth Area (UGA); and
WHEREAS, the City Council must meet with the initiating party not later than 60
days after filing the request for annexation to consider the request and decide whether it will 1)
accept, reject, or geographically modify the proposed annexation; 2) require the simultaneous
adoption of the comprehensive plan for the area proposed to be annexed; and 3) require the
assumption of all or any portion of City indebtedness by the area to be annexed; and
WHEREAS, City Council has set April 15, 2009 as the date that it will meet with
the initiating party to consider the request for annexation; and
WHEREAS, the area proposed for annexation is described in Exhibit B attached
hereto and incorporated herein by reference; and
WHEREAS, a comprehensive plan designation for the area has been adopted by
the city during the 2008 comprehensive plan amendment cycle, and therefore will not be
necessary; and
WHEREAS, City Council finds that it in the best interest of the City to accept the
proposed annexation as presented herein and further to require the assumption of all or any
portion of City indebtedness by the area to be annexed; NOW THEREFORE,
1
Sylvan Products, Inc.
10% Annexation Resolution
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The request for annexation of territory into the City of Bremerton
as set forth in Exhibit A and as described in Exhibit B is hereby accepted as presented.
SECTION 2. The City Council shall require the assumption of all existing City
indebtedness by the area to be annexed.
SECTION 3. The initiating party shall be required to submit the appropriate -
seventy-five percent (75%) annexation petition as required by law to proceed with the proposed
annexation.
SECTION 4. 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 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this_
,2009.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Files\Current Active Files\ Sylvan Products, Inc Annexation\lO% Annexation Resolution..doc
2
Sylvan Products, Inc.
10% Annexation Resolution
.RECEIVED CITY COUNCil OFFiCpl
JATE 3 j;;;. / tJ r
RE: PETITION FOR ANNEXATION OF TERRITORY TO THE OW OF BREMERTON
\
March 2, 2009
RECEIVED
Oty ofBremerton
Lindsey Sehmel
City Planner
345 6th Street, Suite 600
Bremerton, WA 98337-1873
MAR 02 2009
Department of
O>mmunity Development
Dear Lindsey,
fi..;:=.: If A I /<.,"es~ R8 q l.! ~ S I
Please submit our application for annexation into the City of Bremerton-SKIA Annexation
Proposal.
We thank you for the expeditious manner you are doing your work.
Sincerely, ;J
~/u4 111 #t~l~ ~,
.4b~~~. Y4~
Kenneth and Gloria Haines
3202 96th Street NW
Gig Harbor, WA. 98332
253-853-4279
gloria ha ines@comcast.net
Sylvan Products, Inc.
10% Annexation Resolution
Exhibit A
PROPERTY DESCRIPTION
FOR
4729 STATE HIGHWAY 3 SW
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1')6/..//0/;::;11+ A'i, /f",(fI(/tif> l'i;:. .f5i /.1 H:,,(, ,--
/
ACCOUNT NUMBER 122301-2-601-1001
BEG AT NE COR OF NE1/4 NW1/4 S 700FT MIL TO TR CONVEYED ocr 2 1942 TO HARRY EARL NWLY
ALG SO TR ALG SO TR 1040FT MIL TO 5T HWY NO.14 E 774.3FT TO TPOB
ACCOUNT NUMBER 12301-3..Q09-1004
THAT PART OF S1/2 DES AS FOLS BEG AT INTERSECTION OF S LN OF SO SEC WITH SELY LN OF STATE
HWY NO. 14 NELY ALG SO HWY 500FT MIL TO WLY LN TR CONVEYED MAROI 271941 TO EDNA COOK
BY AUD ALE NO. 414543 SELY ALG SO COOK TR TO 5 LN OF SEC 1 W ALG SO 5 LN TO POB SUBJ TO
EASEMENT
Sylvan Products, Inc.
10% Annexation Resolution
Exhibit A
"~":;:;\E Sylvan Products
,,~:,: Request
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o
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# 09-/)90
DATE SUBMITTED: Aprill, 2009
',8
.......................................................'.................................
SUBJECT: Resolution No. 3083 accepting
the Paije & Palmer Properties LLC and
Alpine Evergreen Co. Inc requests for
annexation and authorizing the submittal of a
75% petition for annexation.
Committee Meeting Date: April 8, 2009
COUNCIL MEETING Date: April 15, 2009
Department: DCD
Presenter: Andrea Spencer
Phone: 360-473-5283
SUMMARY: The Resolution accepts the Paije & Palmer Properties LLC and Alpine Evergreen Co. .
Inc requests for annexation; this annexation is proposed for territory located within the SKlA UGA.
The request represents 100% of the territory (which is more than the 10% required) proposed for
annexation. The Resolution authorizes the preperation of75% annexation petition.
ATTACHMENTS:
1 )Proposed Resolution /10. 3063
Exhibit A Paije & Palmer Properties LLC & Alpine Evergreen Co. Inc requests for annexation
Exhibit B Map of Proposed Annexation
FISCAL IMPACTS (Include Budgeted Amount): The financial impacts have been fully studied in
the City's Financial Assessment of e SKIA area annexation report published on June 16, 2008.
APPROVALS:
DEPARTMENT DIRECTOR: r
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~
. c ~
CONSENT AGENDA 0
GENERAL BUSINESS 0(
PUBLIC HEARING - 0
RECOMMENDED MOTION:
Move to pass Resolution No. 3093 accepting the request for annexation and authorizing the
submittal of a 75% petition for annexation from Paije & Palmer Properties LLC and Alpine Evergreen
Co Inc for territory within the SKIA UGA.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. 3083
A RESOLUTION of the City Council of the City of
Bremerton, Washington, accepting the proposal for annexation in
the SKIA UGA as presented, authorizing the submittal of a 75%
petition for annexation and further requiring the assumption of all
of the City's existing indebtedness by the area to be annexed.
WHEREAS, on March 16,2009, the City received a request from Palmer
Properties LLC. and Paije Properties LLC. to commence annexation proceedings for
approximately 43 acres of territory to the City of Bremerton; and
WHEREAS, on March 23, 2009, the City received a request from Alpine
Evergreen, Inc. to commence annexation proceedings for approximately 38 acres of territory to
the City of Bremerton; and
WHEREAS, on April 7, 2009, the City received authorization from Richard A.
Esslinger to include his property into the proposed annexation; and
WHEREAS, the City Council believes that it is the best interests of the initiating
parties as well as the City to consolidate the two annexations together since the properties
proposed for annexation are contiguous to one another; and
WHEREAS, the area proposed by the initiating parties for annexation is described
and further depicted in the requests for annexation attached hereto as Exhibit A and incorporated
herein by reference; and
WHEREAS, the initiating parties are the owners of one hundred percent (100%)
of the property according to the assessed valuation as well as the acreage for which annexation is
requested, which is well in excess of the ten percent (10%) in value or acreage of the property
required to initiate an annexation into the City of Bremerton; and
WHEREAS, the proposed area for annexation is located within the South Kitsap
Industrial Area (SKIA) Urban Growth Area (UGA); and
WHEREAS, the City Council must meet with the initiating parties not later than
60 days after filing the request for annexation to consider the request and decide whether it will
1) accept, reject, or geographically modify the proposed annexation; 2) require the simultaneous
adoption of the comprehensive plan for the area proposed to be annexed; and 3) require the
assumption of all or any portion of City indebtedness by the area to be annexed; and
WHEREAS, City Council has set April 15, 2009 as the date that it will meet with
the initiating parties to consider the request for annexation; and
1
Paije Palmer Alpine Esslinger
10% Annexation Resolution
WHEREAS, the area proposed for annexation is described in Exhibit B attached
hereto and incorporated herein by reference; and
WHEREAS, a comprehensive plan designation for the area has been adopted by
the city during the 2008 comprehensive plan amendment cycle, and therefore will not be
necessary; and
WHEREAS, City Council fmds that it in the best interest of the City to accept the
proposed annexation as presented herein and further to require the assumption of all or any
portion of City indebtedness by the area to be annexed; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The request for annexation of territory into the City of Bremerton
as set forth in Exhibit A and as described in Exhibit B is hereby accepted as presented.
SECTION 2. The City Council shall require the assumption of all existing City
indebtedness by the area to be annexed.
SECTION 3. The initiating parties shall be required to submit the appropriate
seventy-five percent (75%) annexation petition as required by law to proceed with the proposed
annexation.
SECTION 4. 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 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this_
, 2009.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Files\Current Active Files\ Palmer Paije Alpine Annexation\lO% Annexation Resolution..doc
2
Paije Palmer Alpine Esslinger
10% Annexation Resolution
83/16/2689 13:14
366-674-2192
STAN PAlMER ADMIN
Paije Properties Ltc
5107 State HWy 3 SW
Port Orchard W A 98367
TO: Lindsey Sehmc1
City of Bremcrton, Ci.ty Planner
RE: Interest in AllnCxatioll into the Cit.y ofBremerton
03/16/09
PAGE El1/81
Palmer Paije Alpine
10% Annexation Resolution
~ Exhibit A
Q~~D
M. rJ
~R 162009
~~
In response to your letter dated March 9, 2009, as owner of the subject p.l'operties
Ta,x JD#
12230 1 ~2-006-1 006
122301-2-025-1003
l22301-2M027MI001
122301 M2-022-1 006
J 22301-2-206-1002
1.22301-2-021-1007
122301-2-020-1008
122301-2-019-1001
122301-2-028-1000
122301-2-018-} 002
122301-2-017-1003
I am in favor of annexation into the City ofBl'em.elton.
ContACt' PCIl'(\I\; Snnllrn TappAII rh 360-('74-2Ill0
83/16/2889 13:17
368-574-2192
STAN PALMER ADMIN
PAGE 81/81
Palmer Properties LLC
5107 State Hwy 3 SW
Port Orchard W A 98367
Palmer Paije Alpine
10% Annexation Resolution
Exhibit A
~
MARl
6 2009
.l>.
~~O/
~C1lt
TO: Lindsey Sehmel
City of Bremerton, City Planner
RE: lntel:est i.n Annexation into the City of Bremerton
03/16109
In response to YOUi' letter dated March 9, 20091 as owner or the subject property
(Tax ID #122301-2-020-1008) I am in favor of annexation into the City of Bremerton.
(
Contnct person' Sallt1m Tappnn llh 360.674.2100
Palmer Paije Alpine
10% Annexation Resolution
Exhibit A
From:
To:
CC:
Subject:
Date:
Attachments:
Ryan Sandstrom
Lindsey Sehmel;
RE: Interest of Annexation Letter - Dated 3/9/2009
Monday, March 23,2009 11:49:33 AM
Hello Lindsey,
This letter is to inform you that we support annexation of Alpine Evergreen
Company's parcel # 122301-1-011-1001 into the City of Bremerton. Please,
take this into consideration when moving forward with future annexations.
Sincerely,
Ryan W. Sandstrom
General Manager
Alpine Evergreen Co., Inc.
360.674.2303 office
360.674.2310 fax
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IMPERIAL
Paije Palmer &
Alpine Request
Legend
_ Paije Palmer & Alpine Request
IDIII Esslinger Addition to Annexation
........
. .1 City of Bremerton
....
II rj SKIA UGA
1,000
'Feet n
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 0 Cf - 0 B -4
-7A
DATE SUHMITTED: March 11, 2009
........................................................................................
SUBJECT: Recovery Act 2009 Justice
Assistance Grant Application
Committee Meeting Date: April 8, 2009
COUNCIL MEETING Date: April 15, 2009
Department: Police
Presenter: Chief Rogers
Phone: 473-5224
SUMMARY: The Bremerton Police Department applied for a Recovery Act Edward Byrne Memorial Justice
Assistance Grant (JAG) that will allow the City of Bremerton to support a broad range of activities (Including
staffmg, training and equipment purchases) that improve the functioning 'of the criminal justice system and
control crime based on our own local needs and conditions. The priority is to preserve and sustain law
enforcement personnel, or where feasible increase existing staffmg levels. The grant is from the Department of
Justice. No matching funds are required of the City. The total grant amount is $245,469.00. The grant
duration is through September 2013.
A TT ACHMENTS: Budget narrative is to be determined.
FISCAL IMP ACTS (Include Budgeted Amount): None. The JAG funding is a revenue source for
$245,469.00. It will provide dollars for preserving law enforcement staffing levels.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~~
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA D
GENERAL BUSINES X
PUBLIC HEARING "\
RECOMMENDED MOTION: Move to approve the 2009 Justice Assistance Grant Application.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
~i~~ ,",.,~
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I '~~~tI'
DA TE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
. 'CITY COUNCIL
BILL#Oq - 097
16
........................................................................................
SUBJECT: Public Hearing and passage of
Resolution No. 3o~l.f adopting the 20 I 0
CDBG/HOME Policy Plan
Committee Meeting Date: March 11, 2009
COUNCIL MEETING Date: April 15, 2009
Department: DCD - Block Grant
Presenter: Marie Vila
Phone: 360-473-5375
SUMMARY: The CDBG / HOME Policy Plan sets parameters for the City's management of its
HUD entitlement, including outlining the citizen participation plan, application and review processes,
and eligibility and implementation requirements for grant funded projects. The 2010 Policy Plan has
been updated to change the application frequency for PublIc Service funds, and the Plan's
accompanying administrative documents have been updated for dates and anticipated funding.
ATTACHMENTS:
I. Staff Memo
2. Resolution with Exhibits ReSbl IA..--hon /Jt>. 3D8~
Exhibit A: 2010 CDBG/HOME Policy Plan
Exhibit B (1-3): 2010 CDBG/HOME Applications
Exhibit C: 2010 CDBG/HOME Policy Plan Supplement
Exhibit D: 2010 CDBG/HOME Application Instructions
FISCAL IMPACTS (Include Budgeted Amount): none
APPROVALS:
DEPARTMENT DIRECTOR: .
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~\ ^
- p e!/i;-~
CONSENT AGENDA D
GENERAL BUSINESS D
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass resolution No. 308'"1 adopting the 2010
CDBG/HOME Policy Plan.
COUNCIL ACTION: D Approve D Deny 0 Table
D Continue D No Action
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Marie Vila, CDBG/HOME Administrator
Date: April 15, 2009
Re: 2010 CDBG I HOME Policy Plan
The CDBG / HOME Policy Plan sets parameters for the City's management of its HUD
entitlement, including outlining the citizen participation plan, application and review processes,
and eligibility and implementation requirements for grant funded projects. City Council adopted
the 2009 Policy Plan on May 7,2008 by resolution No. 3057.
A 30-day public comment period, commencing March 13, 2009, will be advertised in the Kitsap
Sun. All comments received from the public will be provided to City Council for consideration.
The Draft 2010 CDBG / HOME Policy Plan, Application and Supplement will be presented to City
Council for adoption in a public hearing scheduled for April 15, 2009.
In addition to basic changes to application dates and anticipated funding from HUD, the Draft 2010
CDBG / HOME Policy Plan includes an administrative change to the application frequency for Public
Service funds.
Up to 15% of the City's annual CDBG entitlement may be used for Public Services projects, such as
funding staff and overhead costs of food banks, elderly meal delivery programs, latchkey afterschool
programs, homeless services, etc. Traditionally, the City has accepted applications for this funding
annually.
The draft 2010 Policy Plan changes the Public Services application schedule to a two year cycle.
Each odd-numbered year (2009) applications will be due, requesting two years of funding (2010-
2011). Applications are not accepted during even-numbered years (2010). The City will enter into a
contract with each sub-recipient agency for each year of funding. An agency awarded two years of
funding must demonstrate at the end of year 1 that funds are being used appropriately. If so, the City
will draft a contract for the second year of funding.
Block Grant staff surveyed current Public Service sub-recipients for input, discussed the benefits with
other jurisdictions already employing a two-year cycle, and considered the City's own goals. Based on
these considerations, staff determined the two year cycle provides more benefits to sub-recipient and
City alike through cost and time savings.
If you have any questions about the program or recommended funding, please do not hesitate to
contact me at 473-5375.
1
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2010 CDBG/HOME Policy
Plan.
WHEREAS, the City of Bremerton receives a Community Development Block
Grant (CDBG) entitlement each year from the Department of Housing and Urban Development,
and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an
inter-local agreement with Kitsap County; and
WHEREAS, the City of Bremerton is required to establish a Policy Plan for the
City's management of its HUD entitlement, including outlining the citizen participation plan,
application and review processes, and eligibility and implementation requirements for grant
funded projects; and
WHEREAS, the City of Bremerton currently has an established CDBG/HOME
Policy Plan which is reviewed annually, and any programmatic changes are presented to Council
for approval; and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting changes to the 2010 CDBG/HOME Policy Plan which include changing
Agency application for Public Services funding to a two-year cycle, and minor updates to
anticipated funding, dates, staff contacts and advisory committee members; and
WHEREAS, on Friday, March 13 the Department of Community Development
CDBG/HOME staff advertised in the Kitsap SUN and concurrently posted on the City's website
a 30-day written public comment period commencing March 13,2009 and concluding at a public
hearing on Wednesday, April 15, 2009; and
WHEREAS, no comments were received during the advertised public comment
period; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. The 2010 CDBG/HOME Policy Plan, attached hereto as Exhibit A,
is hereby adopted.
1
2010 CDBGmOME Policy Plan
SECTION 3. The 2010 CDBG/HOME Applications for funding, attached hereto
as Exhibit B, including B-1: 2010 CDBG/HOME Public Services Application, B-2: 2010
CDBG/HOME Capital Projects Application, and B-3: 2010 CDBG/HOME HOME Projects
Application, is hereby adopted.
SECTION 4. The 2010 CDBG/HOME Policy Plan Supplement, attached hereto
as Exhibit C, is hereby adopted.
SECTION 5. The 2010 CDBG/HOME Application Instructions, attached hereto
as Exhibit D, is hereby adopted.
SECTION 6. Severabilitv. 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 7. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this_
,2009.
CECIL MCCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Resolutions\Community Development\20 10 Policy Plan.doc
2
2010 CDBG/HOME Policy Plan
2010 Community Development Block Grant
EXHIBIT A
2010 CDBGIHOME POLICY PLAN
I' ,", '
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Contents
Citizen Partici pation Plan ................................................................................. i i i
Five Year Consolidated Plan ............................................................................. v
Annual Allocation Process I Action Plan Submission ................................... vi
Section 108 Loan Guarantee Program .......................................................... viii
Other Citizen Participation Opportunities............................................. ..xi
General Information. ............. ..,.......... ........... ..'.................................. ....xii,
Part I: 2010 COBG/HOME Allocation - General Information........................... 1
PART II: 2010 COBG I HOME Allocation Policy.............................................. 7
PART III: 2010 COBG National Objectives and Eligibility Requirements... 20
2010 CDBG/HOME PLAN AND ApPLICATION
11
I
crrIZ~N"OP~RtICIPATIO~.'.~~A~t., '
'I
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 Kitsap
County for the period of 2005-2010 and beyond under the HOME program in order to
better assure the receipt of funds.
Each year the City of Bremerton is eligible to receive CDBG and HOME 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 ~ctivities 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 and the HOME Program.
PURPOSE
The purpose of the Citizen Participation Plan is to provide an ongoing mechanism to
ensure 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 of:
Low and moderate-income persons, particularly those living in slum and blight
designated areas
Residents of predominately low and moderate income neighborhoods.
Minorities and non-English speaking persons, as well as persons with disabilities.
This plan provides opportunities 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.
2010 CDBG/HOME PLAN AND ApPLICATION
111
DEFINITIONS
CITIZEN ADVISORY COMMITTEES (CAC)
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 Department of Community Development in reviewing CDBG and
HOME applications, interviewing applicants and recommending annual project allocation
decisions to the Bremerton City Council. One committee recommends funding for Public
Service activities and is fully comprised of appointees by the Mayor. The other
recommends funding for Capital, Economic Development and Planning projects. Two of
its five committee members are appointed ex officio. from the City Council and the
Planning Commission, and the other three are appointees of the Mayor.
COMMUNITY OR PUBLIC MEETING
A meeting hosted by the Department of Community Development to obtain citizens'
views and opinions concerning planning, implementation, or assessment of activities. At
least ten days before any scheduled meeting, the date, location and time will be
advertised in The Kitsap Sun and on the City's website at www.cLbremerton.wa.us.
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 other member agencies. The KRCC is responsible for
establishing policies for the overall administration of the HOME program.
DEPARTMENT OF COMMUNITY DEVELOPMENT (DCD)
The City of Bremerton Department of Community Development.
TECHNICAL ASSISTANCE MEETING
A meeting hosted by the Department of Community Development to inform citizens and
funding applicants of technical aspects of theCDBG and HOME programs and to review
application requirements for the upcoming year. At least ten days before the scheduled
meeting, the date, location and time will be advertised in The Kitsap Sun and on the
City's website at www.cLbremerton.wa.us.
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 OCD will publish a notice of the hearing in The Kitsap Sun and on the City's website
if it relates to the programs covered under this plan.
2010 CDBG/HOME PLAN AND ApPLICATION
IV
Five Year Consolidated Plan
The Consolidated Plan is the result of a process set forth by the Department of Housing
and Urban Development (HUD) to provide a planning and application process for the
Community Development Block Grant (CDBG) and HOME programs within a single
document. The Kitsap County HOME Consortium is required to submit the Consolidated
Plan for the HOME participating jurisdiction (which consists of Kitsap County and the
City of Bremerton). The Consolidated Plan, which is in place until 2010, is available
online at http://www.cLbremerton.wa.us/displav.php?id=790 or a copy can be requested
from the City of Bremerton Department of Community Development.
There are a number of specific elements in the Consolidated Plan, including:
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.
Governments, service providers, citizens, and non-profiUprofit agencies are encouraged
to identify needs and priorities, assist in the development of strategies, and to participate
in the annual allocation process. Following are specific opportunities available for
citizens to participate in the development of the information to be incorporated in the
Consolidated Plan, which is updated every five years.
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.
2. The Department of Community Development 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 Department of Community Development 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 and
other low income residents of targeted revitalization areas, in the process of
developing and implementing the 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
disabilities will be contacted to encourage participation in the development of the
Consolidated Plan.
2010 CDBG/HOME PLAN AND ApPLICATION
v
Annual Allocation Process I Action Plan Submission
The City of Bremerton conducts a competitive annual process for Capital/Economic
Development/HOME projects and a competitive process every two years for Public
Service projects to determine allocation of CDBG and HOME funds. The public is
encouraged to participate in the process and its end product: the submission of an
annual Action Plan to the Department of Housing and Urban Development.
1. The Department of Community Development will place an advertisement in The
Kitsap Sun announcing the acceptance of applications for funding under the
HOME/CDBG program.
2. At least one mandatory technical assistance training 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.
Applications may be obtained from, and must be submitted to, the City of Bremerton
Department of Community Development, 345 6th Street, Suite 600, Bremerton, WA
98337-1873. Applications are also available on the City of Bremerton website:
http://www.ci.bremerton.wa.us/displav . php?id=864
Staff at the Department of Community Development is available to provide
technical assistance to citizens and organizations concerning the submission of
applications.
The Department of Community Development will review applications to
determine compliance with technical requirements.
3. Applicants are encouraged to take part in a review of their application by
appointment no later than two weeks before the application due date. This review
will be conducted by Block Grant staff and cover only the technical requirements of
the application.
4. The Citizen Advisory Committee will review all proposals and interview applicants.
5. The Citizen Advisory Committee will formulate funding recommendations based on
application review and assessment, project compatibility with the Consolidated Plan
goals, and applicant interviews. Recommendations are made for allocation of the
projected funding, and will include a contingency plan in the event that the City
receives more or less funding than anticipated. If the contingency recommendation is
inadequate for any year's funding circumstances, the City's policy will be to fund or
defund projects proportionately according to award priority ranking.
6. Applicants submitting proposals will be notified in writing whether or not the Citizen
Advisory Committee has recommended their proposal for funding. The notification
2010 CDBG/HOME PLAN AND ApPLICATION
VI
will include the date, time and place of the public hearing before the Bremerton City
Council.
7. A summary of the draft Action Plan will be published in The Kitsap Sun and on the
City's website, 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.
8. The Department of Community Development will submit the Action Plan, including
the projects proposed to be funded, to the Department of Housing and Urban
Development no later than November 15th of each calendar year.
2010 CDBG/HOME PLAN AND ApPLICATION
Vll
I' ".
'SEGji(3N"'1ii8:iLQA~~fG'6ARANTEE:. .....
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: -:1
Guarantee loan funcjs may be used for activities described in 24 CFR 570.703 provided
such activities meet the general requirements of the CDBG program as described 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:
1. A notice will be placed in The 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 in displacement;
and where citizens' may obtain additional information about the proposed
application. '
2. At least one community meeting will be held to obtain the views of citizens, public
agencies, and other interested parties concerning community development and
housing needs and development of proposed activities. The meeting may be
combined with other CDBG meetings if each subject is treated separately.
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.
4. The proposed application will be present~d 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.
5. 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.
2010 CDBG/HOME PLAN AND ApPLICATION
V11l
Other Citizen Participation Opportunities
IMPLEMENTATION
Each CDBG I HOME funded program is unique and may receive some form of citizen
involvement during the implementation phase. Each project is subject to citizen
involvement but will use a form appropriate to the project's purpose.
AMENDMENTS TO THE ANNUAL ACTION PLAN
Citizens will be notified and have an opportunity to comment on any Substantial
Changes or amendments proposed to the Annual Action Plan.
A Substantial Change will trigger an amendment to the the Annual Action Plan, and
includes:
1. A change in the amount to be expended on a project equal to a 10% increase
or decrease to the total CDBG/HOME allocation in a specific project.
2. Canceling an approved project, or adding a new project.
3. 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 DCD 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 and on the City's website 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.
Minor Changes: 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,
or a minor change to the purpose, scope, location or beneficiaries of the project as
defined in the application for funds, shall not be considered a Substantial Change
requiring citizen notification and Annual Action Plan amendment; however, prior written
approval of these chanoes must be obtained from the Block Grant Administrator.
Minor project changes may need to be formalized as an amendment to the sub-recipient
Agency's contract with City. The Agency will submit a written request for change to the
Block Grant Administrator stating the specific reasons for the requested increase or
decrease in funding, or change in purpose, scope, location or beneficiaries. All requests
will be reviewed, and approved or denied by the Block Grant Administrator.
2010 CDBG/HOME PLAN AND ApPLICATION
IX
PERFORMANCE REPORTS
1. The City of Bremerton will prepare and submit a Consolidated Annual Performance
and Evaluation Report (CAPER) to HUD no later than April 15th of each year for the
previous calendar year.
2. Availability of the CAPER for public review will be published in The Kitsap Sun and
copies will be available on the City's website, at public libraries listed in the resource
section of this plan and at the City of Bremerton office.
3. Citizens will be provided a period of at least 15 days to review. and comment on the
CAPER. Comments or views of citizens will be considered in the. report, and a
summary of any comments or views not accepted and the reasons therefore, will be
attached to the CAPER and submitted to HUD.
GENERAL INFORMATION
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 CDBG and HOME funded programs, the procedures for submitting
proposals, the Citizen Participation Plan and other program requirements so they can
effectively participate in CDBG /HOME programs and the funding process.
PUBLIC SERVICE APPLICATION PROCESS
Beginning with funding year 2010, applications for Public Services funding under the
CDBG program will only be accepted every two years. Applications will be accepted in
the odd-numbered year for funding in the following even-numbered year (Funding Year
1) and the subsequent odd-numbered year (Funding Year 2).
Applicants applying for CDBG grants for Public Services will request grants for a two-
year period, Funding Year 1 and Funding Year 2. If awarded, one half of the award will
be granted and must be spent in Funding Year 1 and the second half of the award will
be granted and must be spent in Funding Year 2. Separate contracts will be drawn for
each Funding Year. At the end of Funding Year 1, recipients must complete an
Application Renewal Form, show compliance with all CDBG regulations, have spent all
funding allocated for Funding Year 1, and de~onstrateadequate project progress in
order to receive a contract for Funding Year 2. As with all CDBG/HOME funding,
awards for both Funding Years are contingent upon receipt of funding from the U.S.
Department of Housing and Urban Development.
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. .
DISPLACEMENT
Proposals for CDBG and HOME funded projects that are likely to cause displacement of
people or businesses are discouraged. Any proposal for funds. that is likely to cause
2010 CDBG/HOME PLAN AND ApPLICATION
x
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
this plan or any related Federal regulations, please contact:
CDBG Program Administrator:
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
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
Notices may also be published on the City's website www.cLbremerton.wa.us.
The notice will indicate when and where the public meeting will be held. Meetings
are often held at the following location
Norm Dicks Government Center
345 6th Street
Bremerton, WA
The following local planning department may be contacted concerning planning
issues:
City of Bremerton Department of Community Development
Andrea Spencer, Director
345 6th Street, Suite 600
Bremerton, WA 98337-1873
360-473-5283
2010 CDBG/HOME PLAN AND ApPLICATION
Xl
Padl2010 CDBG/HOIVIEAbLoCATION .~.GENERALI.NFORMATION
-,,' .
CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your
agency does business. If you are applying for Federal funds for the first time, you are strongly
encouraged to meet with CDBG staff to discuss Federal regulations.
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 envircmment, and expanded economic opportunities primarily for
persons of low and moderate income.
· CDBG funds must be used for activities determin~d 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); 3) meet one of the three national objectives;
and 4) be complete as of the due date.
How much money is available?
See current CDBG/HOME Policy Plan Supplement for projected funding and distribution
information
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 Community Based Development Organizations as described in 24 CFR 270.204(c)
Private for- profit organizations may implement certain economic development and micro
enterprise activities.
Faith based organizations consistent with the President's initiative
Additionally applicants must:
· Demonstrate an active governing body or board of directors with skills and experience to
provide oversight, 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.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 1
What are the three National Oi;)jectives?
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
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 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 circumstances 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 in certain situations
· 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
· Certain project delivery costs
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
· Income payments such as payments to individuals or families for food, clothing, or rent,
except in certain circumstances
. Political activities
· Vehicles and/or Equipment
Are there rules or regulations that I should consider when thinking about submitting. 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, the Americans with Disabilities Act, and audit
requirements. If your agency has never applied for Block Grant funding, or if you are
considering requesting funding for construction, please contact Block Grant staff.
Public Service applications are only accepted every two years. Please see description of this
process under General Information.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 2
What constitutes a complete application?
All required elements are included and complete. No changes of any kind will be permitted
after the application due date. Applicants are encouraged to take part in a review of their
application by appointment no later than two weeks before the application due date. This
review will be conducted by Block Grant staff and cover only the technical requirements of the
application.
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.
How do I apply?
Complete an application and submit by the application due date to:
CDBG I HOME 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.
Please check the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation
Schedule for specific dates and times.
How do I get help with the application?
Attend the mandatory pre-application Technical Assistance workshop. Please check the current
CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific
dates and locations.
Contact Block Grant staff for more information. Contact information is included in the current
CDBG/HOME Policy Plan Supplement.
How will applications be reviewed and projects selected?
Block Grant staff will review the application to assure it is complete, the applicant and project
meet the threshold requirements, and the project is consistent with the Consolidated Plan.
Projects not meeting the threshold requirements will be disqualified and not considered 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 member of the City Council and one member of the
Planning Commission, will similarly review Capital, Economic Development, Planning, and
HOME applications.
A public hearing will be held and the Bremerton City Council will make the final d~cision
concerning activities to be recommended for funding in the 2010 Action Plan.
The 2010 Action Plan will be sent to the U.S. Department of Housing and Urban Development
(HUD) no later than November 30 of the preceding program year for approval.
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
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 3
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;
please contact CDBG staff with any questions.
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; the Multifamily
Property Disposition Act of 1994 made important changes to the Program.
The intent of the HOME Program is to:
o Expand the supply of decent, safe, sanitary, and affordable housing;
o Strengthen the abilities of state and local governments to provide housing;
o Expand the capacity of nonprofit community based housing development organizations;
o Leverage private sector participation in financing affordable housing.
HOME funded projects are subject to many of the same requirements as CDBG, such as
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 hiring requirements, the Americans with Disabilities Act, and audit requirements. Contact
Block Grant staff early in your project with questions regarding these requirements.
HOME funds also carry many requirements specific to the HOME program. These
requirements and regulations can be found at 24 CFR Part 92. If you have a HOME project in
mind, it is recommended you meet with City CDBG/HOME staff early on to make sure it would
qualify under the HOME program.
How much money is available?
Please refer to the current CDBG/HOME Policy Plan Supplement for general funding and
distribution information.
HOME rules for affordable housing set the maximum subsidy for each unit at the Section
221 (d)(3) limit. This limit is set by HUD's Office of Multi-Family Housing Programs.This limit is
currently set at $131,753 per unit.
In addition, the City of Bremerton has a maximum per-unit subsidy limit for homeownership
projects of $30,000 per unit for all types of units.
Match Contribution
The City of Bremerton also requires HOME projects to leverage other funding. The city requires
a minimum leveraging ratio of 1 :2, or two dollars of other funding for every HOME dollar
requested. The 1:2 match ratio may be applied to the entire project, not just to the HOME
subsidized units.
How do I apply?
Complete an application and submit by the application due date to:
CDBG I HOME Programs
City of Bremerton Department of Community Development
345 6th Street, Suite 600
Bremerton, WA 98337
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 4
Eligible applicants will be required to take part in an interview with the Citizen Advisory
Committee.
Please check the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation
schedule for specific dates and times.
Electronic submittal of the Application is not accepted. Applications must be mailed or hand
delivered by the due date. Postmarks are not acceptable.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 5
What are the City's Priorities for Use of HOME funds?
The City will give priority to HOME projects located in the Anderson Cove and Downtown
Designated Blight Zones (please contact the Department of Community Development for a map
of these areas).
In the absence of qualified, viable projects that fit the City's vision, the City Council may elect to
set aside HOME funds for future use, including for a City-initiated affordable housing project.
What is the Process for allocation of HOME funds?
Applicants will use the HOME application format (attached). Please check the current
CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific
due dates and times.
Block Grant staff will review the application to ensure it is complete, the applicant and project
meet the threshold requirements, and the project is consistent with the Consolidated Plan.
Projects not meeting the threshold requirements will be disqualified and not considered for
funding. Such projects will not be rated.
The Citizens Advisory Committee responsible for reviewing Capital, Economic Development
and Planning applications will also review HOME 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 public hearing will be held and the Bremerton City Council will make the final decision
concerning activities to be recommended for funding in the 2010 Action Plan.
The 2010 Action Plan will be sent to the U.S. Department of Housing and Urban Development
(HUD) by the end of November preceding the program year for approval.
Where do I get more information?
Contact Block Grant staff if you are interested in applying for funds under the HOME Program.
Contact information is included in the current CDBG/HOME Policy Plan Supplement.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 6
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How will COBG funds be distributed among various eligible activities?
Funds available for various eligible COBG 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 COBG entitlement, plus 15%' of the program income
during the immediately preceding program year. Please note: Public Service funds
are allocated annually, however applications for Public Service Projects are only
accepted on the odd-numbered years. . Please see Part I - General Information for a
full description of this process.
. The amount of funds that can be allocated to planning and administration projects,
including the overall administration of the City of Bremerton's COBG 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; the City's goal is for
100% of COBG funding to benefit low and moderate income persons.
How will HOME funds be distributed .~mong various eligible activities?
. The amount of funds that can be allocated to the overall administration of the HOME
Program is lir;nited to 10% of the annual grant. Because the City and Kitsap County
are joined in a consortium, the City's administrative costs are limited to 5% of the
annual grant, with 5% allocated to Kitsap County for overall administration.
. 90% of the City's annual HOME grant will be allocated on a competitive basis to
eligible affordable housing projects in the City of Bremerton; at least 15% will be
allocated to activities undertaken by Community Housing Oevelopment
Organizations (CHOOs). In lieu of quality, competitive applications, the City may
initiate a project, subject to City Council approval and public hearing.
. Program income from the City's Oownpayment Assistance Program, funded with
HOME funds from past years, will be. primarily used to fund new Oownpayment
Assistance loans for low and moderate income first time homebuyers in the City of
Bremerton.
Funds allocated under both the COBG and HOME programs 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 are joined as a consortium in order to
receive 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 on the City's website at:
http://www.cLbremerton.wa.us/displaV.php?id=790. The Consolidated Plan priorities are
listed below (the order listed does not establish any categorical priority): .
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 7
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 homeless ness, 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;
+ 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 individuals falling into one or more of the following categories: elderly,
frail elderly, persons with disabilities (severe mental, physical, developmental), persons living with
HIV/AIDS, persons fleeing domestic violence, persons with alcohol or other drug addiction.
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;
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 8
+ Improve the safety and livability of neighborhoods through revit~lization 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, the Kitsap County community 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
id~ntified in community wide planning efforts;
+ Meet urgent Community Development needs, which pose a serious and
immediate risk to public health or safety.
5. . Economic Development
To ensure a thriving community, with livable wage jobs and long-term economic and
social viability, the 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 are the other policies and regulations that apply?
COSG and HOME funds are Federal funds. Use of Federal funds may affect
the way your agency does business. If you are applying for Federal funds
for the first time, you are strongly encouraged to meet with COBG I HOME
staff to discl,lsS Federal regulations.
/~
+ 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.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 9
. 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.
. Leaallv Bindina Public Interest in CDBG I HOME Assisted Property
HUD requires that facilities acquired, constructed or improved with CDBG and/or
HOME funds be "publicly owned" and that the CDBG / HOME. public interest be
protected. The public (CDBG / HOME) 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 / HOME
assisted real property. The specific terms and conditions of the public interest security
agreements will vary depending on the type of project assisted.
. Restrictions on the Chanae-of-Use of CDBG I HOME 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 the change
in use of property acquired, constructed or improved with CDBG assistance, and to
ensure continued public benefit. All HOME assisted properties must provide public
benefit during a designated Period of Affordability as described in 24 CFR part 92 F.
. 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.
. Guidelines for Evaluation and Selectina 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.
. 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,
sexual orientation, age, marital status,. or the presence of any disability. Discrimination
is prohibited in the provision of a service or facility funded with CDBG / HOME funds,
and in all other aspects of administering a. CDBG / HOME proposal including
contracting, procurement, and employment.
. Minimizina the loss of Low and Very low Income Dwellina Units
Any CDBG / HOME 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
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 10
replacement housing within three years of the commencement of the demolition or
rehabilitation relating to conversion.
+ Minimizina Displacement and Providina Relocation Assistance
It is the policy of the City of Bremerton CDBG / HOME Program to discourage CDBG /
HOME proposals that would cause displacement of people or businesses. Any
proposal for CDBG / HOME 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-Bacon)
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.
+ Federal Audit Reauirements
Private non-profit agencies expending $500,000 or more in federal funds annually
(whether CDBG / HOME alone or CDBG / HOME 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.
+ Environmental Review
All CDBG / HOME projects must comply with the National Environmental Policy Act
(NEPA). NEPA clearance must be obtained from the City of Bremerton and/or Kitsap
County before any funds are committed or spent in a CDBG / HOME funded project.
+ 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 w1der 24 CFR 35.105. Costs for
abatement must be included in the rehabilitation budget.
+ Supplantina
Federal regulations prohibit using CDBG / HOME 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 I HOME dollars as an excuse to reduce local
funding commitments.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 11
. 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.
. 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 ba~is for the Washington State Human Service Policy. The principles, 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:
· 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 ~xist; 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.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 12
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
How will Projects be selected for funding?
All 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, the City
Auditor, 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 / HOME Staff will review the application to ensure:
· Application is complete. NOTE: No changes or additions will be allowed after
the due date. Refer to the current CDBG/HOME Policy Plan Supplement for the
CDBG/HOME Allocation Schedule for due dates and times.
!.
· Applicant meets eligibility requirements as of the application due date.
· Project or activity addresses a national objective (for CDBG projects)
· Project or activity is eligible under the CDBG / HOME program(s).
. Project is consistent with the Consolidated Plan and Priority Needs.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 13
Step 2 - Technical review
A review team, composed of COBG staff and the City Auditor, will review the
oraanizational capacity of the agency (see rating sheet on page 14), and the fiscal
capacity of the agency (see rating sheet on page 15). Performance records of previous
COBG or HOME recipients will also be considered. Results of this review will be shared
with the applicants and with the Citizens' Advisory Committee before interviews.
Step 3 - Project Proposal Review and Interviews
The Citizens' Advisory Committee (CAC) assigned to each group of projects will review all
applications, meet with COBG staff 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. Agency interviews will
be 20 minutes long and consist of ten minutes for the applicant agency to present their
request in a format of their choice, and another ten minutes for questions and answers
with the CAC. Applicants are encouraged to keep their presentations succinct in order to
make the best use of their time. Any materials distributed during the interview will be
collected afterward and will not be considered part of the official application.
The CAC will consider applications based on the Citizen Advisory Committee Sample
Application Review Sheet on page 16 and compile a list of funding recommendations.
These recommendations will be presented and discussed at a public meeting. The
recommendations will then be presented to the Bremerton City Council at a Public
Hearing. The final funding decision will be made by the City Council at the same Public
Hearing. COBG I HOME staff will submit the Final Action Plan to HUO no later than the
end of November preceding the program year.
Please refer to the current COBG/HOME Policy Plan Supplement for the COBG/HOME
Allocation Schedule for specific dates, times and locations.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 14
City of Bremerton
Staff Application Review Sheet 2009
Scoring: High/Good = 3; Med/Neutral = 2; Low = 1
Boartfand,!Staff,;:f',' . '. .. 'l~':;; ,. ~':,.,.l: 'Y '" '.' ,'! ;, .;;<':,; I':'.'v,:;:">>::::''-,: 'iF> . ~:j:', '. '.' "./ .':'. '<.' ;;:"!".'", :J',:.:','/. :. ,'/:';',. .;.
Does the Board reflect a diverse representation of the community,
including minorty, consumer, professional, low income, and
advocate oarticioation?
Does the size and length of terms allow sufficient opportunities for
oarticioation?
".. Iii';,;':,;' ':"ii:'; .>,-,',,':;,:,.~:'c:~'i, ."i,e: ,'.i: . "',',.>';( f~;,>: [':i'l:.;:::, > <:'::,''''.::'':;'
Is the oroanizational structure of the agency clearlv defined?
Does this oroiect alian with the overall mission of the orQanization?
Does this program have adequate staff and support to succesfully
imolement this orooram?
Does the Agency have a robust policy of nondiscrimination in all
areas (race, gender, religion, sexual orientation, etc..)? Does it
include staff, volunteers, clients, and oarticipants?
,,"..', ::':>~;-'...:' . >: ;.' ..'/, '::".'i' ".c.""",;;,;,, "".':.""''''-''.', (i..:...,....:' " -',:'j>':'.-: ::'
Are the project budget and resources adequate and reasonable for
the oroiect scooe and exoected outcomes?
lODes the agencyTeverage tUndlng trom other sources (other grants,
private donations, etc..)
Total
Agency 1 Agency 2 Agency 3 Agency 4 Agency 5 Agency 6 Agency 7 Agency 8 Agency 9 Agency 10 Agency 11
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 15
eRG~N,IZAitI0NAlJ;fINAN'eiAt)M.A, :N~dE:l\tiENT' .'< '.' .'
"" "< '-; ~ -:' '<~ '"" " :- >.( > ,,,;.
Name of Applicant
Score
IRS 990 is consistent with submitted audit and Secretary of
State Annual Report
Points
Secretary of State CHO-1 Form (for non-profits) is consistent with
submitted audit and Secretary of State Annual Report
Points
Secretary of State Non-Profit Corporate Annual Report is consistent
with submitted audit and agency's own annual report
0-5
0-10
0-5 Points
Organizations other than Non-Profits
Records and program documents support investment in activities to
Benefit low-income individuals
Organization clearly demonstrates reinvestment in community
0-15 Points
0-5 Points
0-5 Points
Demonstrates compliance with Generally Acceptable Accounting
Principles
0-5 Points
For All Organizations
Points
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
0-35
0-5 Points
0-10 Points
Audit or financial statement demonstrates adequate financial management
(includes Management report)
Independent Review
OR Audit
Annual Report
Agency's Annual Report is completed for the last fiscal year
0-5 Points
0-10 Points
0-15 Points
Total Rating:
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 16
City of Bremerton Citizen Advisory Committee
Application Review Sheet
Scoring: High/Good = 3; Med/Neutral = 2; Low = 1
Rroiect.,',,' "::', "-;,':-':.,c; -, , ':< --: ,; -':,;' '.";,: -:, i:, ': - '::,;::;::: C_,":',;", 't:': :'i::-,_:, _ '-:,:,:" ,':' ,-- ""''', '-'-_ " ' __:; "_\' _-":-',',,:,;,_ _ _';,',: -:.c,:';
Does the oroiect fit into the organization's overall mission? (narrative, E-ll)
Does the aaency have a clear strategy for the proiect, includina Ion a and short-term goals?
Does it address unmet needs or the basic needs of an at-risk population? (narrative, City Comprehensive Plan, Consolidated
Plan)
What positive outcomes (changes or improvements) will result from this project? Is it measurable or quantifiable?
(narrative)
Is there a well designed outreach plan? Can persons with disabilities, limited English speakers, and other minority
clients Qain access to the project? (narrative,E-11)
Aaen~V:-:' ',''- ,"-:--;;:,,',,'~:::--<:/ ,-;,,"i' >':C:' :,;: ,:', )," ;;;0- :'_,,<>-~:-,":: ?';,/~"-;,-'-:;:' :,:;C: ,,---' _,,,-, '" ;:",,?': \";
Does the aaencv's history demonstrate stability, capacity, and arowth? (narrative)
Does the agency have established partnerships with other community agencies? Will they partner with other agencies
on this oroiect? (narrative)
Does the agency's history demonstrate their ability to develop a plan/project, execute that plan/project, and achieve
measurable success? (narrative)
f'i"an'Cial';',';:'~::':i;~(';\:;':;:;::l;;!'-:;';',-;;;:~',;,;[;:::;:;}:::"
Does the project budget and proforma provide for realistic and onaoina suooort of this project? (narrative,E-l,3,7)
Does the agency leveraQe fundinQ from other sources lother orants, orivate donations, etc,,) (E-la,b)
If a relocation plan or neiQhborhood notification is required for this proiect, is it feasible and fully presented? (E-9,10)
Will the funding requested address a significant portion of unmet need? Is there data documenting the need and
suooortina how this need will be addressed? (E-l,2,3,12)
Does the operatinQ/management plan demonstrate the exoerience and abilitv needed to carry out this project? (E-3,7)
Does the agencys salary overall salary structure seem reasonable ana oalancea? (E-13)
Total
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 17
N C') '<t LO co r- eo '"
:>, ~ ~ :>, ~ :>, ~ ~ :>,
u u u u
<:: <:: <:: <:: <:: <:: <:: <:: <::
Ql Ql Ql Ql Ql Ql Ql Ql Q)
OJ OJ OJ OJ C> C> OJ C> OJ
<? <?- <? <?' <?- .:c' .:c' .:c' .:c'
''-'':-;>' ;; ,',_i- -':1:':' _: ", :',-:, i;u, -. '-'- ',' -- ,;i:;_",:
",- ,',': :;,:' ' , ::'",_-- -;',i-,_;, ;,-;,:,>J',:,',:, ;'::,--:
1:',",'-', ,:-",,-,:-, _ ,
City of Bremerton Comprehensive Plan (Dee 2004)
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 18
Consolidated Plan for Kitsap County and City of Bremerton (2006-2010)
idated structures.
Homeless Needs:
Provide a sufficient variet and uantit of decent and safe emer enc transitional, and affordable ermanent housin .
Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration,
homelessness revention, rental assistance and advocac
Provide critical su ortive services to su ort housin 0 tions for the homeless.
Economic Develo ment Goals:
Su ort creation and retention of sustainable livable wa e 'obs, and essential 'ob re aration skills.
Assist low income individuals who wish to establish, expand. or stabilize a small business by providing loans and supportive technical
assistance and trainin .
Revisit exisiting economic development plans and policies and modify them as necessary to develop and maintaininfastructures that
encoura e livable wa e 'obs.
Encoura e and foster new businesses offerin
5 ecial Needs Goals:
Maintain, im rove, and increase effective services and suitable housin
Ensure effective service delive and housin availabilit throu h su ortive ordinances and re ulations.
Support efforts to develop an entry system for special population clients that ensure links with appropriate diagnosis, placement, support,
and treatment.
Increase and maintain the availabilit romote self sufficienc .
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 19
PAR:Tiil'2h'fcr:CDBG',NAfi6iNAL:OB~Jl€c'lJVES" ','
'," '~ANm.E'ijGiB'i'[jrY'REQOI'REMENts ';', .,
- ,:'/', . :.\ :<~. :,~" ..., ,~':.'/.:": :.' - .' .,: >~.>,.;-.~: '. -., ' '>.<: ,;., ',: .' '. ., . ."~ - , .'" ~':'-:'" ",", ". ''': -"." ; .
. " "
As stated in Part I, each CDBG 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. HOME funded projects need not meet a national
objective.
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 provides some detail on the way(s) in which
CDBG projects can meet a national objective. More information on the three CDBG
National Objectives can be found at 24 CFR Part 570.208.
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.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 20
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.
Median Family Income (MFI) is determined periodically by the Department of Housing
and Urban Development (HUD) on the basis of state and local earnings data and is
published for cities and counties.
The Median Family Income for Bremerton - Silverdale MSA is listed in the current
CDBG/HOME Policy Plan Supplement.
There are several different ways that CDBG activities can benefit low, very low, and
extremely low income persons:
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, very low and extremely
low income persons. In addition, the area must be primarilv 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:
iii 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):
iii Explain why that particular geographic area is the service area for the project;
iii Indicate on the map residential and commercial areas within the service area
boundary; and
iii Provide documentation that 51 % or more of the residents within the service
area are low very low and extremely low income persons/households.
If you would like assistance in determining if your project is in a low income area,
please contact us Block Grant staff. Contact information is listed in the current
CDBG/HOME Policy Plan Supplement.
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:
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
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 21
children, battered spouses, elderly persons, handicapped persons, homeless
persons, illiterate persons, and migrant farm workers.
Applicants must:
o Demonstrate that the facility or service is designed for and used
predominantly by one of the 9r9ups identified above.
b. Aaency Requires Client Information Which Shows 51 % or More
are Low, Very Low and Extremely 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, very low
and extremely 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:
o Provide documentation of the total number of clients/households served
in 2006 (if this is an existing service);
o State what percent of the clients/households served in 2007 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 CDSG
contract period.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 22
c. Income Eligibilitv Requirements (Direct Benefit) This means that the
agency uses income screening to limit the benefits of the COSG 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 COSG funds to
pay for the counseling only of those who are income eligible.
Applicants must:
IiI Screen clients by family size and income;
IiI Provide' a copy of the client intake form highlighting the questions
regarding family size and income levels; and
IiI Oescribe how the program/project would limit the benefits of the COSG
funded activity exclusively to low and, very low income
persons/households.
d. Nature/Location of Activity 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.
Applicants must:
IiI 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 iniprovements, 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.
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.
4. Employment Support Services
If COSG assistance is only provided for training or supportive services (peer
support programs, counseling, child care, transportation, cmd other similar
services) to assist busin~ss(es), the percentage of low and moderate, income
persons assisted may be less than 51 % if the proportion of the total cost borne
by COSG funds is no greater than the proportion ofthe 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
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 23
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 X3 = $750).
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.
C. Housina Rehabilitation Activities (Residential)
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.
Applicants must:
o 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.
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. Contact information is
included in the current CDBG/HOME Policy Plan Supplement.
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.
A. Area Basis
A project must be located in an area defined as a slum 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.
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
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 24
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
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:
. The existing conditions must pose a serious and immediate threat to the
health and/or welfare of the community;
. 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
. Other sources of funding are not available.
What are Eligible Activities?
To be considered for funding, a COSG proposal must .also be an eligible activity under
the federal COSG. 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 COSG 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.
.:. . 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;
.:. Acquisition, construction, reconstruction or installation (including design features and
improvements that promote energy efficiency of the~e) 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;
.:. 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
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 25
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;
.:. Public/human services, including but not limited to those concerned with
employment, crime prevention, child 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;
.:. Planning activities necessary to:
· develop a comprehensive community development plan;
· 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;
.:. 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.
.:. 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;
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 26
. 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;
.:. 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;
.:. 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;
.:. 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:
· 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.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 27
What are Ineligible Activities?
(S> 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.
(S> Regular Government Operations - CDBG funds cannot be used to fund the ongoing
responsibilities of general local government.
(S> 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.
(S> Income payments - CDBG funds cannot be used for income payments such as
payments for income maintenance or housing allowances.
(S> 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.
(S> Purchase of vehicles and equipment.
2010 CDBG/HOME PLAN AND ApPLICATION
PAGE 28
II
, "., PART 'IV ','201o.;cbsGYHOME.'APPLlcATtoNS<', . '
~,,-'- ',r';~ ". "'.'.~ -: ,.",~.'-;;,,:,~"," ,<- ',' .
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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:
Applications must be received (postmark NOT acceptable) bv the due date at:
City of Bremerton
Department of Community Development
345 6th Street, Suite 600
Bremerton, WA 98337-1873
Electronic submittal of the Application is not accepted.
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
CDBG Public Service A,B,C
CDBG Planning A,B,C
CDBG Capital Projects A,B,E
HOME Housing A,B,D
Each application consists of 3 components:
. 2010 CDBG Funding Application Form
. Response to Narrative Questions
. Attachments
+ Provide one original application submission and one full copy consisting of the 3
components described above (include all attachments).
+ Provide five additional copies of the application submission consisting of:
1. 2010 CDBG or HOME Funding Application Form
2. Response to Narrative Questions
3. Project Feasibility Attachment (C, D, or E, depending on the application category)
Technical Assistance
A mandatory Technical Assistance training will be provided by staff. See the current
CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific
dates, times and locations.
EXHIBIT B-1 Public Services
2010 Community Development Block Grant
PUBLIC/HUMAN SERVICES
APPLICA liON
Use this application for projects or programs which involve public
services delivered to low-income Bremerton Residents.
.)~~~l~~~i~~i~~~r~~I~~~J~~lt~'~~d ..
**Please read the instruction sheet before completing the application.
./ Form
Form Name
Form
Provided
Yes
No
2010 CD8G Funding Application Form
Res onse to Narrative Questions
No
No
No
No
Yes
No
No
Yes
No
Yes
No
8.:2
8-3
8-4
8-5
Yes
Yes
Yes
Yes
No
Yes
No
Yes
m;""""I~"l
8 ~ij
t~ J
illlllJ
1- . _ ~~
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2010 CDBG FUNDING APPLICATION FORM
Check the appropriate box to Identify the type of funds for which you are applying:
o Public Service 0 Planning 0 Capital Improvement
CDBG Fund Request (per Funding Year)
$
Project Title
(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):
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
Name
e-mail address
Telephone #
Staff Contact
Name and Title
e-mail address
Telephone and Fax #
Federal Tax 1.0. # (req'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)? DYes D No
If not, are you planning on becoming a Certified CHDO or CBDO? DYes D No
Authorized Signature
Date
P~LJB'tIC;$,ERVIGI;:APP~'.CATI(jN
. " .1,fathH:iveQu~sti6hs: ': :
,~'!'A,'" " -, '~.- ," ".~' "': ,,,," .-' (-";'-~:'" ',' ;" ','_
Following each question are instructions to guide the type of information requested. Please
type your responses and begin each page with the corresponding question number. The entire
section must be limited to four (4) single sided pages of Times New Roman 12 point type.
Additional pages will not be considered.
1. Provide a brief history of the agency I organization. When, how and by whom was the
organization formed? How has it evolved and changed over the years? Give a brief
description of your current programs andtell how they inter-relate.
2. Describe the project I program for which you are seeking funds. Include the following
information:
So. Proiect Specifics: Give a description of the proposed project including services that will .
be provided. Does the project address health and safety issues?
!:h Community Need: Is the project you are proposing identified I prioritized in a community
or agency plan? If so, explain how and identify the plan. Estimate the unmet need for'
this service in the community being served. How much of the unmet need will the
program address?
..~. Partners: Will you develop partnership agreements with other community agencies to
accomplish this project? What will be the nature of these partnerships?
~ Data: Please describe how your agency collects data on the programs it provides and
the population it serves. How is this data used to improve your organizations and its'
programs?
~ Client Income: How does this project target low and very low income populations?
t Funds: How will the requested funds be used? Be specific. Explain how you
determined costs and the status of other funding.
3. Describe the outreach plan to be used to ensure that eligible persons have access to .
your project I program. Include a discussion about outreach and access to persons with
disabilities, limited English speaking, and minority clients. What is your organization's
history in serving these populations?
4. What will change in the lives of individuals, families, and the community as a result of
this funding? How do you know that your program I project will be effective? Site
evidence of other successful models, or your own track record as examples of successful
results. How will the change be documented, monitored and evaluated?
5. Describe your organization's incorporation of family policy principles as described on
pages 11-12 of the Policy Plan.
,
. ~.~ '
. AttaplJmenfA~5,
Agency CDBG1HOMEHi~tory Form
, ", '. ", ' , " ',", , " '''. . ,,", "
"
Agency Name
Project Name
Provide a history of your agency's management of CDBG and/or HOME Projects since 2003.
Year Project Dollar Funds CDSG or HOME City or County
Amount Expended Funds
by 06/30/09
2003 CDBG 0 COUNTY 0
HOME 0 CITY 0
2004 CDBG 0 COUNTY 0
HOME 0 CITY 0
2005 CDBG 0 COUNTY 0
HOME 0 CITY 0
2006 CDBG 0 COUNTY 0
HOME 0 CITY 0
2007 CDBG 0 COUNTY 0
HOME 0 CITY 0
2008 CDBG 0 COUNTY 0
HOME 0 CITY 0
2009 CDBG 0 COUNTY 0
HOME 0 CITY 0
Authorized Signature
Date
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, AiiACcl-I'Nf~NT A~8 ", "', ,.'
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Agency Name
Project Name
/
Description . 2010 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
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,'.:',~~Byre.~~.~~t'f...l:~991~~!itP.~li;~,~r~J~#t'..~....ri~J~~':~~~~f'4fi~:"" ,
A
N
~Qency ame Prolect Name
Source (Name) Committed Conditional Tentative
Federal:
COSG $ $ $
- - -
(Aoolication amount)
- $ $ $
- - -
State:
$ $ $
- - -
-
$ $ $
- - -
-
Local:
$ $ $
- - - -
- $ $ $
- - -
Applicant:
- $ $ $
- - -
- $ $ $
- - -
Private:
- $ $ $
- - -
- $ $ $
- - -
In-kind:
- $ $ $
- - -
- $ $ $
- - -
Subtotals: $ $ $
- - -
TOTAL ALL FUNDING SOURCES $
-
N
..tJ~~i(~!~~~~~~~lf~~~~l?:~.$~Jfg~!; ..
N
AQency ame Project ame
Project Cost Amount CDBG/HOME CDBG/HOME Other Source of
(County) (CitY) Funds
PERSONNEL
Managers
Staff
SUBTOTAL
SUPPLIES/EQUIPMENT
Office Supplies
Equipment
SUBTOTAL
*ADMINISTRATION
Advertising
Audit
Insurance/Bonds
Postage/Printing
Rent/Utilities
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
Environmental Review *
SUBTOTAL
TOTAL PROJECT COST
* A portion of each award may be utilized by Block Grant for costs of conducting environmental review. Please ask for an estimate.
Resources
Staff
Violence Prevention
Curriculum
Partnerships:
University, Counseling
Center, Sheriff, Schools
Participants
PROCESS
Activities
Delivery of violence
prevention curriculum in
the schools (pre-K
through 4th Grade)
Intensive Violence
prevention groups to
high risk youth
DARE
Family empowerment
Attachment C-6
Outcome Evaluation -Sample
Outputs
4-6 hours of violence
prevention education for
1890 students
480 students receive
intensive prevention
training in 10 week
groups of 6-1 0 students
each
185 at-risk families
receive outreach
assistance.
Outcomes
Improvement in healthy
peer social
communication
reduction of violent
behaviors in schools
improved school related
behaviors
increase in family support
consumer satisfaction
OUTCOME
Goals
Violence prevention
Resources
PROCESS
Activities
Attachment C-6
Outcome Evaluation
Outputs
Outcomes
OUTCOME
Goals
.'~' )',' .
ArTACHMEN1"C~8 .'
, Nation~1 bbjecti,y~':~n'dt;ligi.,~HityD~terl'Tlinatioh .
, . '.~ . . ',"-,' .,., , ': . '. ,,' ';' ~', >.. " '., -,' '" <' , " ':. ' -,' " ;>, "- -
Agency Name
Project Name
Section A: An eligible CDBG activity must meet 1 of the following 3 national objectives.
. Place a check in the box next to the objective your project meets and
. Check the box indicating how the project meets that objective.
. Attach the documentation specified for the National Objective (refer to Part III of the
Policy Plan for details on required documentation.)
o 1. Principally benefit low and very low income (through):
o Area Benefit
o Limited Clientele - (chose one of the below, documentation will be
determined by the letter selected.)
(a) 0 Presumed Benefit
(b) 0 Agency Requires Client Information
(c) 0 Income Eligibility Requirement
(d) 0 Nature/Location
o Removal of Architectural Barriers
o Assistance to Owners of Microenterprises
CJ Employment Support Services
o Housing Activities (Residential)
o Job Creation or Retention - Economic Development
o 2. Reduce or Eliminate Slum or Blight
o 3. Meet an Urgent Need
Section B: Check the appropriate box to indicate how your project is eligible according to CDBG
requirements:
o Acquisition of real property
o Acquisition, construction, reconstruction or installation of public works facilities
o Acquisition, construction, reconstruction or conversion of housing units
o Site improvements
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 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
D Lead based paint hazard evaluation and reduction
EXHIBIT B-2 Capital
2010 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.
'::'\:' ", " '" ,', "~;;')'<?~Q"BGi~0~Blm,~fI:)Xe:efI2Ie~Tlo'N.c::{<:- , '
:;;;~:,tH,;t, i~{'N,"',:.';,:,:,','..~,:,\r':"~.\ ,'.~:~~~~I:i.~~fi~itf~~'!~;{~l~be~~ji~t. .......
.< ';. '.-', , _" c \' ,..,. "':', - ~ , : .- J,. ,', ~ ~_._' '",~>,'~::. '-".:s:. '.."'r~_, ;..:,.."i'.' _~. ", ,1'..- \ I'~"_J_ ,~-_' ,~ :~'\4. ,>,,, ~-~,-" "'.d, ~ ".-" j r- ;1 ;t:.~ ",\,,~___.,,". ~. ,,' ."', - . _' ,,'/.c. ,,'c._
**Please read the instruction sheet before completing the application.
./ Form
Form Name
Form
Provided
Yes
No
No
No
No
No
Yes
No
No
Yes
No
Yes
No
B-1
B-2
B-3
B-4
B-5
Yes
Yes
No
No
Yes
Yes
No
No
No
No
No
2010 CDBG FUNDING APPLICATION FORM
Check the appropriate box to Identify the type of funds for which you are applying:
o Public Service 0 Planning D Capital Improvement
CDBG Fund Request
$
Project Title
(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):
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
Name
e-mail address
Telephone #
Staff Contact
Name and Title
e-mail address
Telephone and Fax #
Federal Tax 1.0. # (req'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)? DYes D No
If not, are you planning on becoming a Certified CHDO or CBDO? DYes D No
Authorized Signature
Date
r :--C.",:'
.R,~~~~tl~~[~~~~~!it~fI~M~> ... .. ..
Following each question are instructions to guide the type of information requested. Please type
your responses and begin each page with the corresponding questicm number. The entire section
must be limited to four (4) single sided pages of Times New Roman 12 point type. Additional
pages will not be considered. .
1. Provide a brief history of the agency I organization. When, how and by whom was the
organization formed? How has it evolved and changed over the years? Give a brief description of
your current programs and tell how they inter-relate.
2. Describe the project I program for which you are seeking funds. Include the following
information:
~ Project Specifics: Give a description of the proposed project including services that will be
provided. Does the project address health and safety issues? .
b. Community Need: Is the project you are proposing identified I prioritized in a community or
agency plan? If so, explain how and identify the plan. Estimate the unmet need for this
service in the community being served. How much of the unmet need will the program
address?
f.:. Partners: Will you develop partnership agreements with other community agencies to
accomplish this project? What will be the nature of these partnerships?
fL. Data: Please describe how your agency collects data on the programs it provides and the
population it serves. How is this data used to improve your organizations and its
programs? .
g" Taraet Population: Who will be served? Describe the client population by geography. If
the project serves Kitsap County as a whole, provide the percentage of clients living in
Bremerton that will be served.
3. Describe the outreach plan to be used to ensure that eligible persons have access to your
project I program. How does this project target low and very low income populations? Include a
discussion about outreach and access to persons with disabilities, limited English speaking, and
minority clients. What is your organization's history in serving these populations? .
4. What will change in the lives of individuals, families, and the community as a result of
this funding? How do you know that your program I project will be effective? Site evidence of
other successful models, or your own track record as examples of successful results. How will the
change be documented, monitored and evaluated?
5. Describe your organization's incorporation of family policy principles as described on
pages 11-12 of this packet.
6. Describe your organization's construction management and property management
experience. What project(s) has the organization constructed in the past and how large were they
in physical size, complexity and cost compared to the proposed project? Has your organization
received Federal funding for previous construction projects? Discuss the experience of the staff
who will be assigned to construction management, record keeping and facility maintenance once
completed. Give a brief project schedule and estimate when the COBG funds will be used. Provide
a brief maintenance plan, including how maintenance will be funded.
, ",. :~ -. c'.' . , -', '.~' ,.", ". ',' .:." ";, ~,;':', ~-." .
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.Age~~Y'..CDe(;iHgMe,Hi~t()rY'.F.<>.'rm .
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Agency Name
Project Name
Provide a history of your agency's management of CDBG and/or HOME Projects since 2003.
. "
Year Project Dollar Funds COSG or HOME City or County
Amount Expended Funds
!by 06/30/Q9
2003 COSG 0 COUNTY 0
HOME 0 CITY 0
2004 COSG 0 COUNTY 0
HOME 0 CITY 0
2005 COSG 0 COUNTY 0
HOME 0 CITY 0
2006 COSG 0 COUNTY 0
HOME 0 CITY 0
2007 COSG 0 COUNTY 0
HOME 0 CITY 0
2008 COSG 0 COUNTY D
HOME 0 CITY 0
2009 COSG D COUNTY D
. HOME D CITY D
Authorized Signature
Date
1\,
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Agency Name
Project Name
Description 2010 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
< C/) C/) 0 "'C :iE"'C -I "'C )> C m
2. CD ~ ::: I>> o 0 CD 0 Co ::;' 0
~ ... n 3 CD I>>
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- ~ UI UI 0 C'" ~m
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CD - ~ UI ...
- -0
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CD I>> I>> 01>>
... ~ iii CD - ",
n ~a.
CD
White
Black/African
American
Asian
American
Indian/Alaskan
Native
;;C
Native I>>
0
Hawaiian/Other D)'
Pac. Islander -
0
I>>
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CD
Indian/Alaskan cc
0
Native & White ",
CD'
en
Asian & White
Black/African
American & White
American Indian /
Alaskan Native &
Black/African Am.
Other Multi-Racial
Ethnicity: Also Ethnicity
Hispanic
Total Female 3:
Minority 5' -I
00
... -
Total Male Minority ;::;:1>>
CD' -
UI
Also Senior Citizen en
-1;- rg
o n
-0 o -,
Also Low -Income ~3 ~ Q
UI CD go
Total - -I
Unduplicated 0
-
(count each person I>>
onlvonce)
l~~;~s~~~~~;!~~~tf~~rs~tr~~~~l;~~~~i(~~'ig:tih~~~'~:r
Agency Name
Project Name
Source (Name) Committed Conditional Tentative
Federal:
- $- $ - $-
$- $ , $-
- -
State: $ $ $-
- -
-
$- $ - $-
-
Local:
- $- $ - $-
- $ - $ - $ -
Applicant:
- $- $ - $-
- $ - $- $-
Private:
- $- $ - $-
- $- $ - $~
In-kind:
- $ - $ - $-
- $- $ - $-
Subtotals: $ $ $
TOTAL ALL FUNDING SOURCES $
A
.~~~"~f;;~i~~,~I~~j~r~~~1~~0:*g~r~~s, .. ;.'
p . t N
\Qency ame rOJec ame
Project Cost Amount CDBG/HOME CDBG/HOME Other Source of
(County) (City) Funds
PERSONNEL
Managers
Staff
SUBTOTAL
SUPPLIES/EQUIPMENT
Office Supplies
Equipment
SUBTOTAL
.ADMINISTRATION
Advertising
Audit
Insurance/Bonds
Postage/Printing
RenUUtilities
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
Environmental ·
SUBTOTAL
TOTAL PROJECT COST
N
. A portion of each award may be utilized by Block Grant for costs of conducting environmental review. Please ask for an estimate.
" .... ..... . ':~~:trAcffl)VlJ3~j~:~;.5 ". .
. . ""'N'~ti<>nal'O~j~9~~.*Ef~nd..g:I:lgi.~il i~y..p~~~rmil)~ti()n
,'. -", .; ;' ~" ". . , . ,:, . - ,'- ,< ;' , -, -',' ,~', -'" - p . '",' '- , ~. ,..- ~ . - ,,- .\' ,
~".....'
Agency Name
Project Name
Section A: An eligible CDBG activity must meet one of the following three
national objectives.
. Place a check in the box next to the objective your project meets and
. Check the box indicating how the project meets that objective.
. Attach the documentation specified for the National Objective (refer to Part III
of the Policy Plan for details on required documentation.)
o 1. Principally benefit low and very low income (through):
D Area Benefit
D Limited Clientele - (chose one of the below, documentation will be
determined by the letter selected.)
(a) D Presumed Benefit
(b) 0 Agency Requires Client Information
(c) D Income Eligibility Requirement
(d) D Nature/Location
D Removal of Architectural Barriers
D Assistance to Owners of Microenterprises
D Employment Support Services
D Housing Activities (Residential)
D Job Creation or Retention - Economic Development
o 2. Reduce or Eliminate Slum or Blight
o 3. Meet an Urgent Need
Section B: Check the appropriate box to indicate how your project is eligible
according to CDBG requirements:
o Acquisition of real property
o Acquisition, construction, reconstruction or installation of public works
facilities
o Acquisition, construction, reconstruction or conversion of housing units
o Site improvements
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 service
o Planning activities
o Assistance to Community Based Development Organizations (CBDO)
D 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
',' ",'<A#~ctartb~n(E:-6: ,,'
, , , " ',COSG',Capital ProJect$. ," " '.'
Pre,l i;rt1,!na~y:E~vir9~'pl'~I1!~r~~XJe,~,~u~sti,onllai r~:,
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.
Project Name and Address:
ENVIRONMENTAL COMPLIANCE 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.
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.
3.} COASTAL ZONE MANAGEMENT
. Is the proposed project site within 200 ft. of the Ordinary High Water
Mark?
"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.
4.} WETLANDS PROTECTION
. 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?
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?
G.} ENDANGERED SPECIES
· Is the proposed project site a habitat area for any endangered species?
7.} AIR
. 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?
· 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?
9.) LAND USE HISTORY
. What, if any, prior uses existed on the property?
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.
Note: A "Ves" response to any of these questions may be an indicator that some form of
mitigation could be required for the project.
Signature of Agency Director
Name (PRINTED)
Date
EXHIBIT B-3 HOME
2010 Community Development Block Grant
HOME PROJECT APPLICATION
Use this application for projects which provide decent, affordable
housing through construction, rehabilitation, rental and
homeownership subsidies
R'0MEAPPlf~~TlfuN'" .
.~r;~'n~~ti~~:,9~~:t~'ry~~;],P~~9IUi~r.'..' ."
2010 HOME Funding Application Form
Response to Rating Factors
Attachments
Attachment A (Organizational Capacity)
A-1 An organizational chart showing all staff, board members and volunteer positions
A-2 Organizational Data (i.e. 501 (c)(3), public charter...)
A-3 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 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.
B-4 IRS 990 (for non-profits)
B-5 Secretary of State CHO-1 Form (for non-profits)
B-6 Secretary of State Non-Profit Corporate Annual Report (for non.,profits)
Attachment 0 (Project Feasibility)
D-1 Commitment letters from other funding sources for this project
D-2 Management Plan
D-3 Plans and Specs for the Project
D-4 Relocation Plan, if appropriate
**D-5 Preliminary Environmental Review Checklist
**D-6 Agency CDBG/HOME History Form
**D-7 Salary Summary
D-8 Annual Report. If your report exceeds 50 pages, please include a summary and one
copy of the full report. Include Agency Mission Statement
**D-9 Agency Board Profile,attach the names and addresses of Board Members
**Form provided within packet
mi~~~"'Ch" ~
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2010 HOME FUNDING APPLICATION FORM
HOME Funding Request
$
Project Title
(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):
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
Name
e-mail address
Telephone #
Staff Contact
Name and Title
e-mail address
Telephone and Fax #
Federal Tax 1.0. # (req'd)
Type of Organization:
Public Agency
Private Nonprofit
Other (Specify)
Are you a Certified Housing Development Organization (CHDO)?
If not, are you planning on becoming a Certified CHDO?
DYes 0 No
DYes D No
Authorized Signature
Date
, ; ,;;> ,.", "
. ." ;,.GiJYOF:~R~I\iI,~:Rj()N >. .' ......
'H0IV1E:~,~~dE9T':RAT'N,~' FACTORS
1. A Iicant Profile
Applicant Profile (see attached instructions):
2. Projected use of HOME funds -- Proposed Project
Proposed, project: Tenure of recipients: check one
o New construction
o Substantial rehabilitation (> $25,000)
o Moderate rehabilitation (< $25,000)
o Tenant Based-Assistance
o Other _"
o Renters
DOwners
3. Need
Describe the need for the proposed project. The description should include. characteristics such
as cause, extent, and location of the specific need and should be in measurable and
quantitative terms. Describe how you determined that the project is the most appropriate
method to address the need and the proposed impact the project is expected to have.
4 G
I P . t I f
f
. enera rOJec norma Ion
Explain how the project is consistent with the Consolidated Plan:
Is the project identified I prioritized in any other community or agency plan? If so, identify the
plan and explain how the project fits with the plan.
Project address: City: State: Zip Code:
Bremerton WA
Identify the service area of the project:
~ Please attach a project map that identifies the project location(s)
s
fF"
p .
F
s
5. ources 0 mancma - All ro ect undina ources
Source (Name) Committed Conditional Tentative
a. Federal:
HOME $- $ - $ (Avplication
Amount)
- $- $ -
$ -
b. State: $ $ $
- - -
-
$- $ - $ -
-
c. Local:
- $- $ - $ -
- $- $ - $ -
d. Applicant:
- $- $ - $ -
- $- $ - $ -
e. Private:
- $- $ - $ -
- $ - $ - $ -
f. In-kind:
- $- $ - $ -
- $- $ - $ -
Subtotals: $ $ $
TOTAL ALL FUNDING SOURCES $
6 U
All F d" 5
. ses 0 mancmg - un m9 ources
Project Cost Amount HOME HOME Other
(City) (County) Source of
Funds
ACQUISITION COSTS:
Acquisition
Homebuyer assistance
Other
SUBTOTAL
RELATED SOFT COSTS
Appraisal
Architect
Engineering
Design
Processing/Settlement and
Financing Costs
Audit
Affirmative Marketing
Operating Reserve
Other
SUBTOTAL
DEVELOPMENTAL HARD
COSTS
New Construction
Rehabilitation
Improvements
Demolition
Other
SUBTOTAL
OTHER COSTS
Relocation
CHDO operating expenses
Tenant Based Assistance
Other
SUBTOTAL
OPERATING COSTS (generally
not HOME costs)
Services
RenUMortgage Subsidies
Operating
Other
SUBTOTAL
TOTAL PROJECT COST
fF"
**Note: Total Project Cost must be equal to Total all Funding Sources on the Source of
Funds statement.
7. Sources of Cost Estimates
~ Summarize and attach cost estimates
Attach: earnest money agreement, option or closing statement for land and/or building(s);
construction cost estimate; construction contract or preliminary bid(s); agreements governing
the various reserves which are capitalized at closing; appraisal; and if low income housing tax
credits are utilized, documentation on the syndication costs from the organization/individual who
will syndicate and sell the offering. Provide supporting documentation for all other costs.
8. Total Per-Unit Cost
Total Project Development Cost:
Total Number of Units in the Project:
Cost per unit:
9. Match Contribution
a. Total HOME funds requested
$-
b. Match contribution $_
c. Match is % of HOME
request
d. Description of match contribution:
10. Use of HOME funds
a. Development hard costs
b. Acquisition costs
c. Related soft costs
d. Relocation costs
e. Costs related to TBRA
f. CHDO operating expenses
g. Total HOME-Assisted Cost:
h. Total Number of HOME-assisted Units
j. HOME cost per unit
$-
$-
$-
$-
$-
$-
$-
$-
$-
*Note: A maximum HOME subsidy of $30,000 per unit is allowed for homeownership
ro"ects and $131,753 er unitfor rental ro.ects. See a e 4 ofthe Polic Plan.
1 P .
Ob' f
IT k IS h d I
1 . roject .jec Ives a$ s c e u e
List the specific tasks to complete and rl1anage this project, the total amount required to meet
the task, the amount that will be paid using HOME funds, the source of any other funds needed
to complete the task, the date when you will start the task and the date when it will be
completed. Include tasks through the period of affordability.
Specific tasks Total HOME Other Start End Date
Cost Cost Sources Date
. See Attached
.
.
.
.
.
.
.
.
.
12. Long Term Affordabilitv
Indicate the number of years the project will be retained as affordable housing for your target
income level and how this will be accomplished, for example, land covenants or deed
restrictions. (See Policy Plan and attached instructions for requirements.) If the project is for
assistance to homebuyers, include a specific description of the resale/recapture procedures
that will be used.
Project will remain affordable for years
13. Minority and Women Owned Businesses
Identify the types of notices, bid procedures, and direct outreach that will occur in regard to
recruitment of minority and women owned businesses for this project.
14. Affirmative Marketina
(see attached instructions)
If your project is for
. homeownership you must answer questions 15 and 16 (you do not need to
answer questions 17, 18, 19, 20, or 21) and include the attachments in 22.
. rental housing you do not need to answer questions 15, 16, 20 or 21, but you
must answer 17, 18, 19 and include the attachments in 22.
· tenant based assistance you do not need to answer questions 15, 16, 17, 18, 19,
or 21, but you must answer 20 and include the attachments in 22.
15. Homeownership Requirements
Describe the method of assuring that
(1) All of the HOME funds will assist low income homebuyers, or existing low-income
homeowners, whose family incomes are at or below 80% of the area median family income
(see page 19 of the Policy Plan).
(2) The assisted housing will be the owner's principal residence; and
(3) The purchase price of the property, or the appraised value of a property already owned after
rehabilitation will be less than 95% of the median area purchase price.
16 H
o
h' I
T
. orne wners Ip ncome araetma
Please provide the information requested in the followin~ table
Size of House and Income Number Monthly Targeted Assumed PITI Median Comments
level of Payment Maximum Family I divided Income*
Houses (PITI) HH Household by adjusted for
I Units income Size monthly family size
Income
ONE BEDROOM
% of Median Income*
% of Median Income .
% of Median Income
TWO BEDROOM
% of Median Income
% of Median Income
% of Median Income
THREE BEDROOM
% of Median Income
% of Median Income
% of Median Income
FOUR BEDROOM
% of Median Income
% of Median Income
% of Median Income
TOTAL
*Median Income = Median Family Income. Median Family Income is determined periodically by the Department of Housing and Urban
Development (HUD) on the basis of state and local earnings data and is published for cities and counties. See Page 19 of the Policy Plan.
17. Rental Operating Statement
Provide operating statements for # of years project will remain affordable to very low and low
income households. After year 5, projections may be in 5-year increments. (you may provide a
more detailed statement in your own format) .
A. Operating Income:
Gross Rent Receipts less Vacancy Rate _ %
Other Income
Total Operating Income
B. Operating Expenses
SewerlWater
Electricity
Gas
Garbage
Maintenance
Management
Advertising
Reserves
Other Expenses
Total Operating Expenses
C. Net Operating Income
$
D. Total Debt Service
(complete table below)
$
E. Net Cash flow
(Net Operating Income less Debt Service Total)
$
Debt Service:
Loans or other
Loan 3
$
Monthly Annual Payment
Payment
$
$
$
$
$
$
$
Amount
Loan 1
$
Loan 2
$
Total Annual
Debt Service
. rOJec en c e u e
Provide the information requested in the followinQ table
Type of Unit #of Targeted Targeted Proposed Tenant Tenant Type of Proposed rent
units Family Household Monthly paid Monthly subsidy. as % of income
Size Income Rent Utilitiesl Rent (if any)
Services"'''' Plus
Utilities
SRO
% of Median Income'"
% of Median Income
% of Median Income
ONE BEDROOM
% of Median Income
% of Median Income .
% of Median Income
TWO BEDROOM
% of Median Income
% of Median Income.
% of Median Income
THREE BEDROOM
, % of Median Income
% of Median Income
% of Median Income
TOTAL
** List utilities and services to be paid by tenant:
18 P . t R t S h d I
"Median Income = Median Family Income. Median Family Income is determined periodically by the Department of Housing and Urban
Development (HUD) on the basis of state and local earnings data and is published for cities and counties. See Page 19 of the Policy Plan.
19. HOME Rents
Describe the process that will be established to assure that the rents charged in HOME assisted
rental projects do not exceed the allowable amount under HOME program regulations. (see
attached instructions)
20. Tenant .Based Rental Assistance
Describe actions you will take to assure the project meets the requirements of 92.210 and
92.211 including tenant selection policies, lease requirements, rent reasonableness, terms of
any rental assistance contract and maximum subsidies.
21. Additional Information
Provide any additional information you think may help us evaluate your application. Please limit
the amount of additional information to four pages.
22. Attachments.
Please provide the following attachments with your application and copies:
Attachment A (Organizational Capacity)
A-1 An organizational chart showing all staff, board members and volunteer
positions
A-2 Organizational Data (Le. 501 (c)(3), public charter...)
A-3 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 Auditor 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.
B-4 IRS 990 (for non-profits)
B-5 Secretary of State CHO-1 Form (for non-profits)
B-6 Secretary of State Non-Profit Corporate Annual Report (for non-profits)
Attachment D (Project Feasibility)
D-1 Commitment letters from other funding sources for this project
0-2 Management Plan
0-3 Plans and Specs for the Project
0-4 Relocation Plan, if appropriate
**D-5 Preliminary Environmental Review Checklist
**D-6 Agency CDBG/HOME History Form
**D-7 Salary Summary
D-8 Annual Report (include Agency Mission Statement).
**0-9 A Board profile, attach the names and addresses of Board Members
**Form provided within packet
,. ...Attac~~ent,(j~5. .
.. ... ... .. .HOME;C~pitaIProj~c~s. .. ...
P.t~1 i rTli 1l3n'E,nvtron l11enta,I.J~eview~Qu~stioo nai re~
~ ", ' ~.; , . ,: -.'., ,-. .:: ,. , . " , ,.." '~ "- ,.. ,', .,'. ,- ',.' t ' ," ." ',' > .:: ';" "': _ . .. . . , . . .'
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.
Project Name and Address:
ENVIRONMENTAL COMPLIANCE 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.
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.
3. COASTAL ZONE MANAGEMENT
. Is the proposed project site within 200 ft. of the Ordinary High
Water Mark?
"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.
1. WETLANDS PROTECTION
· 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?
2. 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?
3. ENDANGERED SPECIES
. Is the proposed project site a habitat area for any endangered
species?
4. AIR
. Do you know if the proposed project site has any asbestos
located on the property?
5. HAZARDS
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?
. Does the proposed site have high pressure gas lines or overhead
transmission lines present within 200 square feet?
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?
6. LAND USE HISTORY
· What, if any, prior uses existed on the property?
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.
Note: A "Yes" response to any of these questions may be an indicator that some form of
mitigation could be required for the project.
Signature of Agency Director
Name (PRINTED)
Date
, ," "Attcl(~hrj;l~ntD~~'<" .: '
.-.. '..", .
Ag~ncyCI)BGfHO~EHistqry.Forrt1, ,.,
", ,- "'. " ' " . . . ?" .... " >",." ;
Agency Name
Project Name
Provide a history of your agency's management of CDBG and/or HOME Projects since
2003.
Year Project Dollar Funds CDBG or HOME City or County
Amount Expended Funds
by 06/30/09
COSG 0 COUNTY 0
HOME 0 CITY 0
COSG 0 COUNTY 0
HOME 0 CITY 0
COSG 0 COU NTY 0
HOME 0 CITY 0
COSG 0 COUNTY 0
HOME 0 CITY 0
COSG 0 COUNTY 0
HOME 0 CITY 0
COSG 0 COUNTY 0
HOME 0 CITY 0
COSG 0 COUNTY 0
HOME 0 CITY 0
What is the agency's insurance program for general liability/officers and
board/volunteers, etc.? Please attach a copy of your current policy.
Does the agency have any threatened or pending litigation?
o No 0 Yes (if yes, attach explanation)
Does the agency have any audit or IRS problems?
o No 0 Yes (if yes, attach explanation)
Authorized Signature
Date
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, 'sal.il~'~;~,,~m~ty,iq-~,~i~:a,I:,~r?j~~~Sd"
_,or,",
Agency Name
Project Name
Description 2010 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
CITY OF BREMERTON
HOME
Application Instructions
General Applicant Information:
ApPLICANT:
ADDRESS:
CONTACT PERSON/TITLE:
TELEPHONE NUMBER:
The organization submitting the application
Address of applicant agency
For this project
For applicant agency and the contact
person
TITLE AND SIGNATURE OF
AUTHORIZED OFFICIAL
The title and signature of the person
authorized to sign contracts for the
organization.
Indicate, in this section, if you are applying for the CHDO set aside. A CHDO
checklist or a letter indicating you have been predetermined to be a CHDO in The
City of Bremerton, must be submitted with the application. The applicant has the
option of having the application considered only in the CHDO set-aside competition,
or considered in both the CHDO set aside competition and the general competition.
1. Applicant Profile:
The organization that will administer the project must describe its record of
performance, qualifications, and capacity to carry out the project described in the
application. Any recent (within the past year) housing activities that have been
administered should be described. The applicants role, and if appropriate the role
other entities will have, in carrying out the proposed project (Le. developer, owner,
investor, manager, etc.) must be described.
2. Projected Use of HOME Funds
Indicate if the proposed project is:
New construction
newly built or built within the last 12 months
adding additional unit(s) outside existing walls
Rehabilitation
Substantial: development cost per unit is greater than $25,000
Moderate: development cost per unit is less than $25,000
Homeowner Assistance
Tenant Based Rental Assistance
Indicate if proposed recipients of HOME assistance will be renters or owners.
3. Need
Describe the need for the project. How long has the need existed. Are any other
activities currently being undertaken in the community to address the need? If
appropriate, identify any new emerging needs that are not met through any of the
existing agencies or programs. Where did you get the information included in this
section? Quantify information when possible
4. General Project Information
. Describe what your project is. Provide sufficient detail to give the reader a clear
understanding of the nature of the activity to be undertaken. Include "who, what,
where, how, and why." Be as specific as possible. This is an opportunity to
"make the case" for your project.
. Include information concerning the housing standards that will be met.
. List the specific objectives to be met.
Displacement of people or businesses is discouraged. If your proposal is likely to
result in displacement, discuss it in this section and include relocation assistance, as
appropriate, in the use of funds section.
. Explain how the project is consistent with the Consolidated Plan. See page 6 of
the Policy Plan for more information
. Explain how I if the project is prioritized in another community or agency plan.
Address: Provide the street address for the project. If project sites have not been
identified, provide the address of the Agency applying for the funds.
Service Area: Provide the service area for the "project" not the Agency, unless the
service areas are the same. Identify the neighborhood, City or County by Name.
Project area Map: Attach a map that best shows the "project service area. Identify
the project location on the map.
5. Sources of Financing- All Funding Sources:
Please list the sources of all funds requJred to complete the project.
a. Federal: list all specific sources of federal funds required to complete the project.
Indicate if the amounts are committed, conditional or tentative. Provide the date
you will be given a notice of a firm commitment or denial if the funds are
conditional or tentative.
b. State: list all specific sources of State funds required to complete the project.
Indicate if the amounts are committed, conditional or tentative. Provide the date
you will be given a notice of a firm commitment or denial if the funds are
conditional or tentative.
c. Local: list all specific sources of local funds required to complete the project.
Indicate if the amounts are committed, conditional or tentative. Provide the date
you will be given a notice of a firm commitment or denial if the funds are
conditional or tentative.
d. Applicant: list all specific sources of funds to be provided by the applicant that
are required to complete the project. Indicate if the amounts are committed,
conditional or tentative. Provide the date you will know if the funds will be
committed for any amounts listed as conditional or tentative. .
e. Private: list all specific sO'urces of private funds required to complete the project.
Indicate if the amounts are committed, conditional or tentative. Provide the date
you will be given a notice of a firm commitment or denial if the funds are
conditional or tentative.
f. In kind contribution: includes volunteers, supplies and other contributions for
which a cash value can be assigned. Attach a description of any in-kind
contribution listed, including dollar value and the basis for the value
determination.
g. Subtotals:: provide the total of lines a through f for the amount in the committed
column, conditional column, and tentative column.
h. Total All Funding Sources This is the sum total of the three columns in item g
(subtotal)
6. Uses of Financing - All Funding Sources
Identify the budget required for the specific project.
Amount: List the costs, by category for the total project budget.
Subtotal: Provide the total for each of the sections.
Source of Funds: Identify the specific source of funds that will be utilized for the
budgeted cost.
7. Sources of Cost Estimates
Indicate the source of cost estimates used to determine funds, and distribution of
funds, required to complete the project.
8. Total Per Unit Cost
Total project development cost: This amount should be the same amount as in
question 7 "Total Project Cost."
Total number of Units in the Project: Identify the number of units in the project.
Cost per unit: Divide the total project development cost by the cost per unit.
9. Match Contribution
a. Total HOME funds requested: This amount should be the same as in question
9(g).
b. Match contribution: The amount of match contribution that will be provided.
c. Match percentage: The match contribution (b) divided by the HOME funds
requested (a).
d. Description of the match contribution: Include a detailed description of the
source of the contribution. (For example if the contribution is cash, land or real
property, describe where it is coming from; if the match is donated or voluntary
labor describe who will provide it). Include the status of the contribution, is it
committed, conditional, or tentative. Explain the status.
10. Use of HOME funds
Identify costs that are proposed to be paid with HOME funds. Eligible costs are
described in HOME regulations 92.206 and are briefly outlined below.
a. Developmental Hard Costs are the actual cost of constructing or rehabilitating
housing. Costs 0 demolish existing structures and for improvements to the
project site that are in keeping with improvements of surrounding, standard
projects, and costs to make utility connections are considered developmental
hard costs.
b. Acquisition Costs are the costs of acquiring improved or unimproved real
property.
c. Related Soft Costs are other reasonable and necessary costs incurred by the
owner and associated with the financing, or development (or both) of new
construction, rehabilitation or acquisition of housing assisted with HOME funds.
These costs include, but are not limited to:
. Architectural, engineering or related professional services required to prepare
plans, drawings, specifications, or work write-ups;
. Costs to process and settle financing for a project, such as private lender
origination fees, credit reports, fees for title evidence, fees for recordation and
filing of legal documents, building permits, attorneys, fees, private appraisal
fees and fees for an independent cost estimate, builders or developers fees;
.. Costs of a project audit t
. Costs to provide information services such as affirmative marketing and fair
housing information to prospective homeowners and tenants;
. For new construction or substantial rehabilitation, the cost of funding an initial
operating deficit reserve, which is a reserve to meet any shortfall in project
income during the period of project rent up and which may only be used to
pay operating expenses, reserve for replacements and debt service.
d. Relocation Costs: are costs of relocation payments and other relocation
assistance for permanently and temporarily relocated individuals, families,
businesses, non-profit organizations, and farm operation where assistance is
required.
e. Costs Related to Tenant Based Assistance are rental assistance and security
deposit payments made to provide tenant-based rental assistance for a family.
f. CHDO Operating Expenses:
g. Total HOME Assisted Costs: The total of 11 a through f.
h. Total Number of HOME Assisted Units: The total number of units that will be
assisted with HOME funds.
i. HOME Cost Per unit: The total HOME assisted costs (g) divided by the total
number of HOME assisted units (h).
11. Project Objectives/Tasks/Schedule
Specific tasks: Separate the project into tasks, including those tasks which are
necessary for project start up, like hiring staff or consultants. List the tasks in this
column. For any tasks that will be done by an agency other than the applicant
agency, indicate the implementing agency in the same column., These tasks should
relate to the objectives described in 5.
Total Cost: Enter the cost. of accomplishing the task if it is included in the total
project cost whether or not HOME funds will be used for the particular task. Some
start up costs may be borne by the agency's existing administrative capacity and not
charged to the project. The tasks should still be listed in columns b, c, and d. The
total of this column should equal the "total project cost" on question 7.
HOME Cost: Enter the amount of HOME funds you will use for each task. The total
of this column should equal the amount requested from the HOME program
Other Sources: Enter the amount of any other funds you will use to complete each
task.
Start Date: Indicate when you will begin each task. Be thoughtful and specific. Your
performance will be monitored using ~hese dates.
End Date: Indicate when you will complete each task. be thoughtful and specific.
Your performance will be monitored using these dates:
12. Long Term Affordability
Describe the policies and procedures to assure units remain affordable.
Proiects involvina homeownership
One of the purposes of the HOME Program is to increase the supply of affordable
housing units over an extended period of time. To this end, h<?mebuyer units must
remain affordable for up to 15 years, dependent on the amount of HOME funds
invested in each unit. Generally, If the original homebuyer retains title to the property
for the full period of affordability, no resale/recapture provisions apply. However, if
the property is transferring during the period of affordability the applicant must assure
continued affordability in one of two ways:
Creation of another affordable unit. Procedures must be outlined to recapture
the HOME assistance that was provided to the original buyer and invest it in
another homebuyer unit. If proceeds are insufficient to recapture the entire
subsidy, the rules permit recapturing a portion of the subsidy based on length
of ownership. The HOME investment subject to recapture is the HOME
assistance that enables the homebuyer to buy the dwelling. -or-
Sale of the property to another low-income buyer who will use it as their
principal residence. Procedures must be outlined to assure the sale of the
property is at a price which allows for a fair return on equity in addition to
being affordable to the subsequent low-income buyer.
Proiects involvina rental units:
Describe the policies and procedures to assure that units will remain affordable for
the following terms based on the per unit amount of HOME funds:
Rehabilitation of up to $15,000 5 years
Rehabilitation between $15,000 and $40,000 10 years
Rehabilitation of $40,000 + 15 years
New Construction (any amount) 20 years
13... Minority and Women Owned Businesses
The HOME program requires the encouragement and use of minority and women
owned business enterprises in the implementation of HOME program activities.
Describe your plans for affirmative marketing to minority and women owned
businesses. Identify the types of notices, bid procedures and direct outreach that will
occur in this regard.
14. Affirmative Marketing
HOME regulations require affirmative marketing of housing units as~isted with
HOME funds. Describe the methods of affirmative marketing that will be undertaken
as part of the HOME-assisted project. Affirmative marketing steps consist of actions
to provide information and otherwise attract eligible persons from all racial, ethnic,
and gender groups
At a minimum, project sponsors will be. required to use affirmative fair housing
marketing practices in soliciting renters or buyers, determining their eligibility, and
concluding all transactions. Any HOME assisted housing must comply with the
following procedures for the duration of the applicable compliance period:
. Project sponsor advertising of vacant units must include the Equal Housing
Opportunity logo or statement (newspapers, radio, television, brochures,
leaflets, sign. in a window, etc.) .
. The project sponsor will be required to solicit applications for vacant units
from persons in the housing market who are not likely to apply for the housing
without special outreach (e.g. use of community organizations, places of
worship, employment centers, fair housing groups, etc)
. The project sponsor must maintain records containing documentation of all
marketing efforts (e.g. copies of newspaper advertisements, memorandums
of telephone calls, copies of letters, etc.). A listing of all tenants residing in
each unit at the time of application submittal through the end of the
compliance period must also be maintained. Records to assess the results of
the affirmative fair housing marketing actions must be available for inspection
by The City of Bremerfon HOME administrators.
15. Homeownership Requirements
Describe the method of assuring that
. All of the HOME funds will benefit families whose incomes are at or below
80% of the area median income.
. The assisted housing will be the owner's principal residence
. The purchase price of the property or the appraised value of a property
already owned, after rehabilitation will be less than 95 percent of the median
area purchase price.
16. Ownership Income Targeting
Provide the information requested for HOME assisted units
Size of House and Income level: Under the bedroom size, indicate the targeted
income.
Number of Houses: Identify the number of HOME assisted houses by bedroom size
" and targeted income
Monthly PITI: Identify the projected Principal, Interest Taxes, and Insurance (PITI)
by bedroom size and targeted income.
Targeted Maximum Household Income: Identify the maximum targeted income by
bedroom size and percent of median income.
Assumed Family Size: Provide targeted family size by bedroom size and percent of
median income.
PITI divided by Monthly Income: Divide the monthly PITI by the monthly targeted
household income.
Median Income adjusted for family size: Identify the median income based on the
family size (see attached chart)
17. Operating Statement
Provide operating statements for the number of years the project will remain
affordable to very low and low income households. After year 5, projections may be
in 5 year increments.
18. Projected Rent Schedule
Rental projects must provide the information requested for units assisted with HOME
funds.
List by type of unit, the number of units, the targeted family size, the targeted
household income, the proposed monthly r~nt, the tenant paid utilities and services
(identify utilities and services to be paid by the tenant at the bottom of the chart), the
type of subsidy if any (this should have been discussed previously)and the proposed
rent divided by the monthly income.
19. Home Rents
Describe the process you will establish to assure that:
. 80% of the HOME assisted units in the project have rents which are 30% of
adjusted income for households at 65% of median income, minus tenant paid
utilities. (HOME regulations require that 80% .the lower of either:
* The Section 8 Fair Market Rents (FMR) for existing housing., minus
tenant paid utilities -OR-
* rents which are 30% of adjusted income for households at 65% of median
income, minus tenant paid utilities.
. At least 20% of HOME assisted units have rents that are equal to or less than
30% of annual incomes for households at 50% of median income minus
tenant paid utilities. Properties with 1 or 2 units are exempt from this rule.
20. Tenant Based Rental Assistance (if applicable) I Tenant Selection
Policies Describe the status of your program in relation to the regulations at
92.210 and 92.211. The requirements are briefly listed below.
General Requirements - Tenant Selection Policies for all HOME assisted units:
. Families must be selected in accordance with written tenant selection policies
and criteria that are consistent with the requirements of 92.211 (2). Do you
already have selection procedures or will you develop them after contract
award;
. Rents must be reasonable, based on rents that are charged for comparable
unassisted rental units
. The lease between the tenant and owner must comply with requirements of
92.253;
. The housing occupied by a family receiving tenant-based assistance must
meet the Section 8 housing quality standards;
Rental Assistance
. The rental assistance contract providing assistance with HOME funds may
not exceed 24 months, but may be renewed, subject to the availability of
HOME funds;
. The amount of monthly assistance that may be provided to a family may not
exceed the difference between the standard unit rent and 30% of the family's
monthly income;
. The standard for the rent will be based on either local market conditions; or
may not be less than 80% of the Section 8 Fair Market Rents, or more than
the FMR;
. A minimum tenant contribution to the rent must be established;
Security deposits
. Loans or grants can be provided to low income families for security deposits,
even when other tenant based assistance is not provided;
. The HOME funds that may be provided for a security deposit may not exceed
the equivalent of two month's rent for the unit;
21. Additionallnformation
Provide any additional information you think may help us evaluate your application.
~ Senior &
Staff & Board Racial Categories :~ Total Low Total
Profile D-9 c Minorities Income
.s:: Totals
-
w
zC/) .... 15~c
ow C Q) 15~ Q) 0
i=o::: C ~ .l: .... C '6:t=~ Q) "0
C5Q) c~~ - .5~;s: Ul
~ ~ rgci5 , <( (ij .... $"fi~
<co Ul --g :t= .m 0 I
ll.C!) ;S:C C m C m 'C C Cc.c:c "3 ~.!:a E m~ 'c ~ rgmc
::>w ~,g rg~ m- rg~ci5 ci5 ~rg ,~~~ :JE ~:e Q) C SQ) ._ Q) 0
Q)'= Ul :g 15 :JE 'C 'is. C
8!d: $ C .;:: C ~ m- .;:: c Q) c 'C .... Ul m ....(ij CJ)Q) o E ~~i~~
~3:cj Q)m~ -0 -0
~ ~~ m Q) m._ m U Q) , Q) m - . Q)'- co.. .!!lc .!!lc o N
'jji E'6Cii m m m E'6 m 'jji .i1! E ~ E-a:lE 5~ .l: Ul .!2:E .!!l8
CO <(~ci5<( -.- 0'- 0'-
<( <(.5z ZJ:ll. <(.5z <( a:l <( ;:: WJ: /-:JE /-:JE <(<..> <(.5 /-::>.......0.0
Directors
Administrators
Professionals
Technicians
Protective Service
Worker
Para Professionals
Office-Clerical
Skilled Craft
Service Maintenance
Volunteers I Other
Affirmative Action: What is your organization doing to increase or maintain appropriate representation of race, gender, age, income that supports your
organization's unbiased treatment of volunteers, (including Board members) or staff. (IE Hiring practices, advertising, promotion, & job applicants)?
EXHIBIT C
2010 Community Development Block Grant
2010 CDBG/HOME POLICY PLAN
SUPPLEMENT
2010 CDBG/HOME FUNDING PROCESS
I. .
. .' c08G/HQMEFU'NOINQPRQCESS ..
, .',. ~. ". '.' -. . : -. ",'.' -'
I
Contents
CDBG/HOM E Staff Contacts.......................................................... iii
2010 CDBG I HOME Allocation Schedule ..................................... iv
COBG Public Service Citizen Advisory Committee ...................... v
CDBG Capital,Economic Development and Planning Citizen
Advisory Committee; HOME Projects Committee ........................ v
2010 Proposed Distribution of CDSG Funds .............................. vii
2010 Proposed Distribution of HOME Funds .............................. vii
HUD I ncome Limits ....................... ..... ........ ............ ... ... ... .......... .... vi i
2010 CDBG/HOME FUNDING PROCESS
11
EXHIBIT C
I
CDBGlHOMEST AFFCONt ACTS
. , ,,' ,'-.'. ,
Marie Vila, Program Administrator
Telephone:
Fax:
E-Mail:
Mailing address:
(360) 473-5375
(360) 473-5278
marie. vila@ci.bremerton.wa.us
City of Bremerton
Department of Community Development
345 6th Street, Suite 600
Bremerton, WA 98337-1873
Phedra Elliott, Program Coordinator
Telephone:
Fax:
E-mail:
Mailing address:
2010 CDBG/HOME FUNDING PROCESS
(360) 473-5211
(360) 473-5278
p hed ra. elliott@ci.bremerton.wa.us
City of Bremerton
Department of Community Development
345 6thth Street, Suite 600
Bremerton, WA 98337-1873
111
l~.' , " . ,.y'._, "" "., . ''', Pi/ ", '.',' ,." " :'._~j'>o ,'.~:"~~""c'
"201QCOaGl H()M'=A~LO~ATIONSeFlEblJ:LE
" - ,', - - ". ... '. - ::",' ',' ,'~ ,'. ." - , - . ' '. ~..., .". ".'
Friday 03/13/2009
Wednesday 04/08/2009
Wednesday 04/15/2009
Monday 04/20/2009
Tuesday 06/02/2009
Wednesday 06/03/2009
Friday 07/17/2009
Mon-Fri 07/20/2009
-08/21/2009
Wednesday 08/26/2009
Wednesday 08/26/2009
Mon-Friday 09/07/2009
-09/17/2009
Friday 09/18/2009
Monday 09/21/2009
Tuesday 10/06/2009
Wednesday 10/14/2009
Wednesday 10/21/2009
Friday 11/13/2009
Friday 01/01/2010
2010 CDBG/HOME FUNDING PROCESS
Advertise Availability of 2010 Draft Policy Plan
(Ad to be placed in The Sun) www.ci.bremerton.wa.us
Present Proposed 2010 Policy Plan/New Advisory Board Members at City
Council Study Session, City Council Office, Suite 600 5:00PM
Bremerton City Council Public Hearing on 2010 Policy Plan
345 6th Street, 5:30 PM
Final 2010 Policy Plan and Application Packet Available
345 6th Street, Suite 600, DCD www.cLbremerton.wa.us
Technical Assistance Meeting (mandatory) - Public Svc Applications only
City Council Chambers, 345 6th Street, 15t Floor
Technical Assistance Meeting (mandatory) - Capital Applications only
City Council Chambers, 345 6th Street, 15t Floor
Applications Due in City of Bremerton, by 4:30 p.m.
DCD, 345 6th Street, Suite 600 (Postmark is not acceptable)
Staff Technical Review
Citizen Advisory Committee Member Training
City Council Chambers, 345 6th Street, 1 st Floor
Application Package to Citizen Advisory Committees
Citizen Advisory Committee Review and Interviews
Citizen Advisory Committee Recommendations to DCD Staff
Advertise funding recommendations and Public Comment period; funding
recommendations posted on City's website
Public Meeting to Comment on Funding Recommendations
DCD Conference Room, 345 6th Street, 3:00 PM
Present Proposed 2010 Funding Recommendations at City Council Study
Session, City Council Office, Suite 600 5:00PM
City Council Hearing on Funding Recommendations
345 6th Street, 5:30PM
Annual Action Plan to HUD
Program Year Begins
IV
'2010"COBG}PDJ3LIC'SE'RvlcE',dYtl~E:N'AD\'1S0RyCQI\nMITTEE . ".
......... ... ........ . ,'.'.;; . ", ,....... ". ...,.......';:....... ", . '.::.; ........... .....;..., ...,/;:. .' ..' .,"
Position
Term
. 1 Member from the City at large
To be determined
1/1/07-12/31/09
. 2 Members from the West Bremerton Area
Tina Davis
Faye Flemister
1/1/07-12/31/09
1/1/08-12/31/10
. 2 Members from the East Bremerton Area
Barbara Mail (pending Council confirmation)
Don Bolles
1/1/09-12/31/11
1/1/07-12/31/09
From then on 3 year staggered terms
I"..... '.' ..~(f{~,~~,pJ3,:~,>s~~~r~.~~':'g9~QN~MJ~:a,~~~;.~~eM~~&1"'*"NJ;>l;Rbi1~,~.[~q.:,".:.'.........
... :CITI2';EN'(~ID\lIS(),RY/.c()MMlm1E~l:~;;H0ME1P'RSJECTS;;Cc)MMITTEE ....
'....,',. <';. ',; .:",c' /'>~_;,,; -':~.'~-',L~-:_r --,' .::. ,,?~,~ J/;:.:-.~,>J":..<, ,-~< ~',>:.>',' E." r~:-<l '<,,~ ,,::(\/:' j<>,!. :., 'J.,','\'~ ~,'''\_::,~~ :', ~,-' ,',' ..~.:::;-, ,::'-:;"; ;~:~',t ,;,."., . -'<,y,~:':>":~~:,\"!'<~7!':< .:'3'::~~',~, ::.::-->.:. ,~- .~" ,':-
. 1 Councilmember (appointed by the Council President)
Dianne Robinson
1/1/08-12/31/08
· 1 Planning Commissioner (appointed by Commission President)
Jessica Kennedy 1/1/08-12/31/08
Three Community Members appoill1ted by the Mayor:
. 1 Member from ~he City at large
Joyce Davison (pending Council confirmation)
. 1 Member from the West Bremerton Area
To be determined
1/1/09-12/31/11
1/1/08-12/31/10
. 1 Member from the East Bremerton Area
Jordy Andrew
1/1/08-12/31/10
From then on 3 year staggered term
2010 CDBG/HOME FUNDING PROCESS
v
,~:;.' .""~gj;.~'/R~~~~.~~~W~'g.~~~.~l~~4~!~M;.;~.~i{~:~~~~~:q.ci"~~..:,\(":, ";.
~,' ';": :.:.~ ',.~.:
Estimated Funding Available for the 2010 COSG Allocation Process
Tentative Estimate of 201 0
Entitlement
Tentative Program Income (PI)
Available
Total Entitlement + PI
Reallocated Funds prior year
Total Available for allocation
Available for 2010 Public Service (15% of entitlement + PI )
Available for COB DCD 2010 Planning and Admin (20% of entitlement + PI)
Available for Capital Projects and Economic Development
( 65% of entitlement + PI + recaptured capital project funds)
Total Entitlement + PI
,... '~':':.J.>.~'.".;f;h~.jJ}'~~c~~;q;;~~g~:e~~~~i~':~J:~t~~~lW~i~~\~i;~~:H~~~;~.'!r~~:~~~,;c,:~;..."'"
Prior Year Uncommitted Home Allocation
2010 Program Income
2009 HOME Allocation - projected
2010 HOME Allocation - projected
Total HOME Allocation Available - by Source
Available for Planning and Administration (10% 2010 EN, + 10% PI, not inc ADDI)
Available for CHDO Projects (15% of 2009 and 2010 entitlement)
Available for any HOME Project
Total HOME Allocation Available:.. by Use
Estimated Available for American Dream Downpayment Initiative (2006-2010)
2010 CDBG/HOME FUNDING PROCESS
" -,~.: :'~~: :~:-;: -)~!.~~::~-'!::;~;
545,385
40,000
585,385
o
585,385
87,808
117,077
380,500
585,385
$139,199.00
$0.00
$360,000.00
$360,000.00
$859,199.00
$36,000.00
$108,000.00
$71'5,199.00
$859,199.00
$26,917.00
VI
I
,- , ,:. ',^ -' ~- '.',.- - - :' - - . " .' .,-
. HUDlN~PME LIMITS
I
Median Family Income (MFI) is determined periodically by the Department of Housing
and Urban Development (HUD) on the basis of state and local earnings data and is
published for cities and counties. .
The Median Family Income for the Bremerton-Silverdale MSA effective February, 2008
is $69,900 for a four-person household.
HUD updates income limits annually. FY2009 Income Limits had not been release as of
the 2010 Policy Plan publication date. Most up-to-date income limits will apply to all
CDBG and HOME funded projects. They may be found at www.huduser.orQ.
Median Family Income
Bremerton-Silverdale MSA; Effective February, 2008
NUMBER IN EXTREMELY lOW VERY LOW INCOME lOW INCOME
HOUSEHOLD INCOME (BELOW (31% - 50% MFI*) (51% - 80% MFI*)
30% MFI*)
1 $14/900 $24,800 $39/700
2 $17/000 $28/350 $45/350
3 $19,150 $31/900 $51,050
4 $21,250 $35,450 $56,700
5 $22,950 $38,300 $61,250
6 $24,650 $41,000 $65,750
7 $26,350 $43,950 $70,300
8 $28,050 $46,800 $74,850
*MFI = Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the
basis of state and local earnings data and is published for cities and counties. These figures represent percentages of MFI for
Bremerton - Silverdale Metropolitan Statistical Area (MSA) published by HUD March, 2009.
2010 CDBG/HOME FUNDING PROCESS
VB
EXHIBIT 0
. C[)BG/HoME:APPLlcAlloNINSTRUG'fI0N's:,~,:'~:.;>J';:-
( ~:~ ,,,, ~,,~ '-},f.~,_-;., ,'< ,~~,.f ,,~. ('~" ..$" " ,~ ~., .;
Submittal for all projects must include:
· One (1) Original and One (1) Copy of the entire application
· Five (5) Application Packets consisting of the following:
o Application Form
o Responses to Narrative Questions
o Attachment C (Public Services) OR
o Attachment E (Capital/Economic Development)
Please read the following instructions before completing the application:
General Instructions - Plea~e label all pages with the appropriate attachment number. If a particular
attachment does not apply to your proj~ct, please insert a page with that attachment number and mark it
"Not Applicable".
Application Form - Complete the application form, including signature of your organization's director.
Narrative Questions - Answer all narrative questions. Please type your responses and begin each
question with the corresponding question number. This section must be limited to four (4) single sided
pages of Times New Roman 12 point type. Additional pages will not be considered.
Attachment A - Organizational Capacity
~tt-'''''''~ ~ - --j;Jj"""i\Gr'~m"~' -' .' -' _ - 0';1\'"
.--<i,El~jl;!~~1if ,~.~, ~m$IL:liUC!lg~"1a(l;!li~:~L'- :,'fftIJ. ;. "" ~_' '.'
A-1 Organizational chart showing:
· All staff, board members, and volunteer positions
· This must include all staff positions regarding the
ro'ect for which ou are a I in .
A-2 Organizational Data: No
· Provide a copy of your 501 (c)(3), public charter, or
business license #
A-3 Non-discrimination Policies: No
· Provide a copy of your organization's non-
discrimination policies to include employees,
volunteers, and clients/tenants,
A-4 Mission Statement: No
· Please attach your organization's mission
statement.
A-5 Agency CDBG/HOME History Form: Yes
· Please complete with your organization's previous
and current awards from the City of Bremerton
and/or Kitsa Count.
A-6 Insurance Certificate: No
· Please attach a copy of your organization's
insurance certificate showing general liability
coverage for officers, board members, and
volunteers.
A-7 If our or anization has an threatened or pendin liti ation, IRS No
issues, or unresolved audit findings, please attach an explanation of
these issues.
A-8 Salary Summary Form: Yes
. Please complete with salary information for your
entire oraanization.
A-9 Annual Report: No
. If this report exceeds 50 pages, please include one
copy of the full reDort and 1 CODY of the summary.
A-10(a) Staff and Board Profile Form: Yes
. Please complete this form for your staff and board.
A-10(b) List of Board Members: No
. Please provide the following information for each
member of your board: Name, Address (city/town
only), Associations, Dates of current service term,
and # of terms served.
0 Associations - This information is intended
to explain/illustrate why this person is
qualified to serve on the board of your
organization. You may include their
profession, business, training, experience,
etc.
0 Dates of current service term -how long will
this person serve in his/her current term?
For example - Board Members serve a 3
year term - 2008-2010
0 # of terms served - how many terms has
this person served on your board, including
the current term?
Attachment B - Organizational Financial Management
B-2
'1S!l"""''f'''''-tl''''''''''''C~~- "- ...~-
. ~_'Jll&.!!ill!jt~IiI~"",. _. - .>~~ _ .... ' ;~ . .
Most recent monthly financial statement including year-to-date
information
Most recent financial audit report prepared by a CPA, including
findings.
If your audit exceeds 50 pages, please include one full copy
of the audit and 6 co ies of an executive summa
A narrative statement of the agency's financial capacity and
experience to include the following:
. Operating Statements
· Lending References
. Record of Performance
· Qualifications of the individual(s) responsible for
financial oversight
. Internal Financial Controls
. Accounting Procedures
. Capacity to carry out project described in this
application
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No
No
B-3
No
B-4
IRS 990 form
No
. B-5
B-6
Secretary of State CHO-1 form (non-profits), also known as the No
Charitable Solicitations Renewal Form.
Secretar of State Non-Profit Cor orate Annual Re ort non- rofits No
Attachment C - Project Feasibility (Public Services)
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C-1 Total Agency Budget Form - The budget must:
. Represent the entire organization that is requesting
funding
. Provide actual year-end revenue and expenses for
2008 (column 1)
. Provide year-end estimates based on year-to-date
revenue and expenses for 2009 (column 2)
. Provide estimated revenue and expenses for 2010
(column 3)
. Provide the variance between 2009 and 2010
budgets (variance between column 2 & column 3)
C-2
2010 Agency Budget Form (Detail) - The budget must: Yes
. Represent the entire organization that is requesting
funding, The requested CDBG/HOME funding
must be identified to a program/project in the
budget.
. Provide detail of each program within the
organization. The revenue and expenses shown
on this form for the program you request funds for
should match the revenue and expenses shown on
C-3(a) and C-3(b).
More detailed instructions for C-1.& C-2 are available u on re uest
2010 Sources of Financing Form: Yes
. Include total program/project costs when showing
funding sources. .
· Total on this form must match the total the total for
the program/project shown on Attachment C-2 and
C-4
2010 Us.es of Financing Form: Yes
. Include total program/project costs by category.
· Total must match the total on C-3 a .
Commitment Letters from other funding sources for this project: No
· Any funding source listed in the "Committed"
column of Attachment C-3(a) must have a letter
provided here
· Commitment letters are not letters of general
support for your project, but rather letters
committing to funding a specified dollar amount to
the ro'ect.
Program Goals and Outcome Data (Logic Model): Yes
· Illustrate how this program/project will achieve its
goals by describing the Resources, Activities and
Outputs that will lead to Outcomes and Goal
attainment.
C-3
C-4
C-5
C-6
C-7
. A sam Ie 10. ic madel is attached as an exam Ie.
Jab Descriptian(s): No.
. Provide jab descriptian(s) far any pasitian in which
au are re uestin CDBG fundin
Natianal Objective and Eligibility Determinatian: Yes
. Sectian A - CDBG funding must meet ane af three
NatianalObjectives. Please indicate which
Natianal Objective this program/praject will meet. If
yau checked Limited Clientele, please indicate haw
this is determined. Please see Part III af the Palicy
Plan to. determine haw to. pravide dacumentatian far
yaur chaice.
. Sectian B - Please select haw the pragram/praject
is eli ible.
C-8
Attachment E - Project Feasibility (Capital and Economic Development Projects)
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E-1 2010 Saurces af Financing Farm:
. Include tatal pragram/prajectcasts when shawing
funding saurces.
. Tatal an this farm must match the tatal the tatal far
the ro ramI ro.ect shawn an Attachment E-2
E-2 2010 Uses af Financing Farm:
. Include tatal pragram/project casts by categary.
. Tatal must match the tatal an E-1.
E-3 Cammitment Letters fram ather funding saurces far this project:
. Any funding saurce listed in the "Cammitted"
calumn af Attachment E-1(a) must have a letter
pravided here
. Cammitment letters are nat letters af general
suppart far yaur praject, but rather letters
cammitting to. funding a specified dallar amount to.
the ro'ect.
E-4 Management Plan that describes the management and aperatian af
the facility prapased in this applicatian, to. include:
. Who. will manage the property?
. Who. is respansible far financial aversight af the
facility?
. Descriptian af the security and emergency plan
. Schedule af routine maintenance af the building
and/ar praperty systems
Far Rental Praperties, in additian please include the fallawing:
. Haw will the property be marketed?
. Is there a waiting list and haw is it managed?
. Are there special types af hausehalds that received
special attentian ar are able to. be advanced an the
waiting list?
. Haw is tenant eligibility determined and when/haw
is it recertified?
. Are incame limits specified far all units? Are the
rent limits tied to. HUD Fair Market Rent?
. When and haw are rents increased?
, j\\~[rin1l1J1l<!llia~qi~m
Yes
Yes
No.
No.
E-5 National Objective and Eligibility Determination: Yes
. Section A - CDBG funding must meet one of three
National Objectives. Please indicate which
National Objective this program/project will meet. If
you checked Limited Clientele, please indicate how
this is determined. Please see Part III of the Policy
Plan to determine how to provide documentation for
your choice.
. Section B - Please select how the program/project
is eliQible.
E-6 Please complete the Preliminary Environmental Checklist, including Yes
the Organization's Director signature.
Please note: Upon submittal of this application, no furlher funds of
any kind can be spent on the project until a HUD approved
Environmental Review is comolete
E-7 Please include one of the below as Documentation of Site Control: No
. Deed of Trust showing ownership of this property
. Current Options
. Current Purchase and Sale Agreeement
. Executed lease agreement for the length of the
commitment to serve low income households
. Executed disposition or development agreement
. Current Title Report showing the entity holding a
fee simple title.
Exceptions to this documentation are allowed for down-payment
assistance, weatherization, and homeowner rehabilitation.
E-8 Operating Pro-Forma - Please provide an operating expense No
budget for the proposed facility. For an example, please contact
Block Grant Staff
E-9 Plans, Specs, and Schedules for the Project - For new construction No
and rehabilitation projects, please provide:
. Preliminary Plans and Specs
. Project Schedule showing project milestones,
specific tasks and completion dates
. Recent cost estimates for the project
E-10 Relocation Plan (if applicable) - No
. Any project that is funded or partially funded with
CDBG or HOME funds and causes permanent or
temporary displacement of people or businesses
must include a relocation plan and include
relocation assistance payments in the budget. For
more information, please contact Block Grant Staff.
E-11 Neighborhood Notification Plan (if appropriate) must include: No
. I nformation on how you have provided notice to the
surrounding neighborhood for your proposed
project
0 Could include community meetings,
mailings, or public hearings on the
proposed project.
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Catholic
COMMUNITY
servIces
OF WESTERN WASHINGTON
Benedict House
250 South Cambrian Avenue
Bremerton, WA 98312
Phone: (360) 405-9486
1-866-246-3642
Fax: (360) 405-9487
Providing Emergency Transitional
Housingfor homeless men of Kit sap County
April 15, 2009
Marie Vila
City of Bremerton
Community Development Programs Administrator
345 6th Street, Suite 600
Bremerton, WA 98337
Dear Marie,
The purpose of this letter is to express our support for the adoption of the 2010 CDBG / HOME Policy
Plan.
1. We recognize the 2010 Policy Plan changes the Public Services application schedule to a two
year cycle. Each odd-numbered year (2009) applications will be due, requesting two years of
funding (2010-2011). Applications are not accepted during even-numbered years (2010). The
City will enter into a contract with each sub-recipient agency for each year of funding. an agency
awarded two years of funding must demonstrate at the end of year 1 that funds are being used
appropriately. If so, the City will draft a contract for the second year of funding.
2. We appreciate and commend the Block Grant staff for their effort to request for our input
regarding the proposed changes.
3. We believe the two year cycle provides more benefits to our agency - more realistic budgeting
for our program (Benedict House) and significant time savings.
We ask that you share our letter with Mayor Bozeman and the Bremerton City Council. It is our hope
that this resolution will be adopted at the April 15, 2009 City Council Meeting.
Please feel free to contact me at (360) 405-9486, ext 1 if you should have questions or comments.
Sincerely,
C~ .L I II i f ( '" S ,-
\ ~A Vi.)A {lbv-, ,u \-
Pat Millen, OSF
Program Director
Copy: Denny Hunthausen, Executive Director
Rosemary Owens, Grants Manager
Agency of Catholic Community Services of Western Washington, Archdiocese of Seattle
United Way of
Kitsap County
.
Visit our website at: WWW.ccsww.org