HomeMy WebLinkAbout09/16/2009 AGENDA
m FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 983370 Phone (360) 473-5280
SEPTEMBER 16, 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. PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting - September 2, 2009
C. Minutes of Study Session - September 9, 2009
D. Reappointment of Sharon Shrader to the Bremerton Housing Authority (BHA) Board of
Commissioners
E. Acceptance of the 2009 Justice Assistance Grant (JAG) Award Local Solicitation
F. Acceptance of the 2009 Community Oriented Policing Services (COPS) Hiring Recovery
Program Grant
G. Ordinance No. 5089 adopting Public Defense Service Standards
H. Ordinance No. 5090 approving the Voluntary Separation and Reduced Work Hours Program for
City of Bremerton Employees
6. GENERAL BUSINESS
A. Resolution No. 3097 approving the Revised Investment Policy to allow the City to purchase its
own taxable bonds issued to refinance the Gold Mountain Golf Complex
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
fa 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.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCil.-
5&
DATE SUBMITIED: 9/16/2009
............................................................................................
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: September 16, 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 TT ACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR: ~~'1~'-~~~?(
COMMITTEE CHAIR
COUNCil.- PRESIDENT:
z;Cc-ct-'/ ~c:~~~/'
CONSENT AGENDA I2?J
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
1) Check #'s 333594 through 333806 and EFT's 9085 through 9119 in the amount of $7,434,945.68.
COUNCIL ACTION: [8] Approve 0 Deny 0 Table
o Continue 0 No Action
DA TE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5B
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date: Sef+embe.r- 1(p( 2009
Department: City Council
Presenter: Cecil McConnell
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held S~ :2. I 2..c::oct
SUBJECT: City Council Meeting Minutes
for meeting of
S~ 2,2009
ATTACHMENTS: Meeting Minutes for Sept~ 2. J 2..0 0 '1
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/ A
FINANCE DIRECTOR: N/A
MAYOR: N~
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
6;;;;(!;y:'~1
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve 0 Deny D Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, September 2,2009
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
September 2, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding.
Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike
Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. 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 Brad GehrinQ followed by the invocation
provided by Council Member Carol Arends.
MAYOR'S REPORT
Mayor Pro Tem Cecil McConnell was pleased to present City Clerk Carol EtQen with a plaque
awarded by the International Institute of Municipal Clerks in recognition of her efforts in earning the
designation of MMC (Master Municipal Clerk), which is granted only to those municipal clerks who
complete demanding education requirement; and who have a record of significant contributions to
their local government, their community, and state.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Brad GehrinQ reported that an earthquake drill organized by the Department of Emergency
Management would be held on Wednesday, September 16 at 10:15 AM.
Adam Brockus mentioned several of the activities that are scheduled to take place during the
Manette Fest event on Saturday, September 12 from 9:00 AM to 5:00 PM
Roy Runyon provided details about the first annual Bremerton Party to be held on Saturday,
September 19 from 7:00 to 11 :00 PM in the Chambers of the Norm Dicks Government Center at a
cost of $50 per person to benefit the Bremerton Foodline and charities of the East Bremerton Rotary.
Dianne Robinson asked neighbors in the Anderson Cove area to attend a Matan Park Neighborhood
Meeting on Thursday, September 3 at 5:30 PM and bring ideas on how to improve the park.
Nick Wofford encouraged attendance at the Blackberry Festival that will be held this weekend on the
downtown boardwalk.
Gordy Byrd introduced the Council to Reverend GreQ Franco who mentioned that he was interested
in local government and also recently opened a "healing room" downtown.
Chris GallaQher, Business & Technology instructor at Olympic College, announced that a 2-quarter
Manufacturing Technology Program is being offered tuition free, and anyone interested can contact
him at (360) 475-7676. The classes will be held on Monday and Wednesday from 3:00 to 6:15 PM;
and on Tuesday and Thursday from 4:00 to 6:15 PM at the West Sound Skill Center.
CONSENT AGENDA
A. Check Numbers 333393 through 333593; and EFT-9041 through EFT-9084 in the amount of
$1,547,332.84; Regular Payroll for the pay period ending August 31,2009 in the amount of
$761,227.29; and Retiree Payroll for the pay period ending August 31,2009 in the amount of
$82,185.19.
B. Minutes of Meeting - August 19, 2009
C. Minutes of Study Session - August 26, 2009
City Council Reg. Mtg. Minutes
Wednesday, September 2,2009
Page 2 of 4
There were no questions or comments from the public...
05:44:25 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A- LEASE AGREEMENT BETWEEN EMERALD BAY YACHTS. LLC AND THE CITY OF
BREMERTON: Gary Sexton, Economic Development Projects Administrator, explained that the
proposed lease between the City of Bremerton and EMERALD BAY YACHTS, LLC is a 5-year lease with
an option for an additional
There were no comments from the public...
05:47:30 Main Motion was made and seconded as discussion by Council Members continued...
05:47:30 A-M/F (Runyon) An amendment to the Main Motion was made to approve the lease
between the City of Bremerton and Emerald Bay Yachts, LLC; and authorize the Mayor to finalize and
execute the agreement subject to a change in the lease term to one-year with a possible one-
year extension.
The amendment died for lack of a second.
Will Maupin commented that it was good for the City to have a tenant willing to commit to a 5-year
lease and Bremerton should be "business friendly" and not hold up the lease.
Brad GehrinQ felt that in this difficult economic climate, it was good for the City to help all businesses
succeed.
Adam Brockus has heard of the controversy or conflict between EMERALD BAY YACHTS and the
BREMERTON MAINSTREAM ASSOCIATION and therefore proposed a motion to continue action on this
matter until the next Council Meeting scheduled Wednesday, September 16.
Carol Arends agreed with the comments made by fellow Council Members Maupin and Gehring
about encouraging business in Bremerton, and believed that the Council should make a decision on
this action tonight.
Roy Runyon commented that he supported the amendment to continue this action, and even though
he too was "pro" business, he wanted the Council to do more research to make an informed decision.
Mike Shepherd added that the underlying issue was the use of the space on the boardwalk and
believed it was time to develop a process to better organize local events.
Nick Wofford reminded the Council that the issue before them was to approve a lease agreement.
Dianne Robinson asked what the conflict was about. Mr. Runyon responded that he was aware of
discussions held by members of the administration and the parties involved over a conflict about use
of the boardwalk directly outside the location of EMERALD BAY YACHTS for a beer garden.
Will Maupin stated that none of the arguments proposed are relevant to the 5-year lease of the
space, and holding the lease is not the way to solve the issue.
05:59:23 C-M/S/F (Brockus/Runyon) Move to continue action on the Main Motion to Wednesday,
September 16.
Voted in favor to Continue: Runyon, Shepherd, Robinson, Brockus
Voted opposed to Continue: Arends, Maupin, Wofford, Gehring, McConnell
Motion failed: 4-Yes; 5-No
City Council Reg. Mtg. Minutes
Wednesday, September 2, 2009
Page 3 of 4
Vote on Main Motion....
06:00:00 M/S/C (Arends/Wofford) Move to approve the lease between the City of Bremerton and
EMERALD BAY YACHTS, LLC; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
Voted in favor of Main Motion: Shepherd, Arends, Maupin, Wofford, Gehring, McConnell
Voted opposed to Main Motion: Runyon, Robinson
Abstained: Brockus '
Motion carried: 5-Yes; 2-No; 1-Abstention
6B - ACCEPTANCE OF BROWNSFIELD ECONOMIC DEVELOPMENT INITIATIVE (BED!) GRANT
FROM THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD): Phil Williams, Public
Works & Utilities Director stated that the City was verbally notified on August 19 that it will be offered
a $1,175,000 Brownsfield Economic Development Initiative (BEDI) grant from the Department of
Housing and Urban Development (HUD) to support construction of the Bremerton Boardwalk, and a
written award letter is forthcoming. HUD indicated they will require formal acceptance of the grant by
September 14, 2009. This grant for the Boardwalk is conditioned upon the City's submittal of a
Section 108 loan application for $2,800,000 within 50-days, and later acceptance of the loan. The
requested action before the Council is acceptance of a BEDI Grant and authorization to apply for a
$2,800,000 Section 108 Loan. Thomas Knuckev with the Public Works Engineering Department
and Marie Vila, CDBG Program Administrator, were also available to answer questions.
06:04:09 Main Motion was made and seconded as discussion by the Council began...
06:08:10 An amendment was proposed by Council Member Runyon, which was accepted as a
"friendly amendment" by both the maker and seconder of the Main Motion...
Carol Arends admitted that she liked the word "grant" but was a little nervous about the word "loan";
and understands the City can accept the grant, and then has 50-days to apply for the loan, but
questioned which fund would repay that loan. Mr. Williams answered that he may not be able to
provide a "crisp" answer on exactly which funds would be used to repay the loan but pointed out that
. the terms to repay the loan were very generous including no pre-payment penalty and no obligation to
spend the full amount of the loan; and that the economic study provides positive reinforcement that
there will be some additional resources coming to the City as a result of the project which may not
exactly match, but will offset the requirement for some of the debt service of the loan. Mr. Williams
further added that it was important to keep in mind that this project would provide a recreational
amenity for the entire City and something that the citizens are looking forward to even if the project
does not completely pay for itself entirely.
Dianne Robinson expressed her concern that grants are not being pursued for use in the Anderson
Cove area, and she supports this project, but not using these funds.
Cecil McConnell was initially concerned about applying for a loan before the project was approved,
but now understands that the City will not spend the money until the project gets the go ahead.
06:34:11 M/S/C (Brockus/Shepherd) Move to accept a $1.750,000 Brownsfields Economic
Development Initiative Grant conditionally offered to the City; and authorize staff to apply for a
$2,800,000 Section 108 Loan with acceptance of the loan and expenditure of loan proceeds
subject to Council approval.
Voted in favor of Motion: Shepherd, Maupin, Wofford, Gehring, Brockus, Runyon, McConnell
Voted opposed to Motion: Robinson
Abstained: Arends
Motion carried: 7-Yes; 1-No; 1-Abstention
City Council Reg. Mtg. Minutes
Wednesday, September 2, 2009
Page 4 of 4
COUNCIL MEMBER REPORTS
Brad GehrinQ mentioned that the First Friday Art Walk events will kick off the weekend events; and
thanked Public Works and CDBG staff for all their efforts on these applications.
Adam Brockus added the "tiniest parade" is also a Manette Fest event planned to begin at 12:30
PM; and thanked the crew of the USS BREMERTON for a recent tour of their ship.
Roy Runyon reported on the showing of the Clean Tech movie and thanked all the sponsors.
Mike Shepherd reported on his attendance at the NES Workshop which looked at environmental
sustainable practices, and was particularly interested in transitioning from "free" to "paid" parking and
ride share programs.
Dianne Robinson reiterated information about the Matan Park Neighborhood Meeting on Thursday,
September 3 at 5:30 PM and encouraged neighbors to participate.
Carol Arends hoped that most City employees will be attending their annual City of Bremerton picnic
at Evergreen Rotary Park, and mentioned that President and Mayor Pro Tem Cecil McConnell will be
the head "chef" sharing the duties with the Department Directors.
Will Maupin enjoyed attending several events this past week included the "Farewell to Japanese
Exchange Students Picnic"; the "Listening Lunch with the Homeless" hosted by the Salvation Army; a
get together at the Kitsap Historical Society where an interesting discussion was held on the history of
Marine Drive; and had lunch with the Captain and crew of the USS BREMERTON.
Cecil McConnell had the pleasure of being taken out to the USS BREMERTON to ride it back into
Bremerton and mentioned that you couldn't meet a nicer group of people than their crew. He thanked
them all for their hospitality at the lunch and reception, and most importantly, for their service and
dedication to the country.
With no further business, President McConnell adjourned the Council Meeting at 6:45 PM.
p~ Submitted by:
r~)
LORI SMITH -
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
sc.
........................................................................................
SUBJECT: City Council Meeting Minutes Committee Meeting Date:
for meeting of COUNCIL MEETING Date:
5~ 9 I .2-009
Department:
Presenter:
N/A
5'~ I~, 2009
City Council
Cecil McConnell
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held S~rY\her-- 9 j 200'1
ATTACHMENTS: Meeting Minutes for S~~ 9, 2..009
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
? ~ - 1
b~~ /1 It;, LZc.~ '- Hi I
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve D Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, September 9, 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, September 9, 2009, at 5:00 PM, with Council President
Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol
Arends, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Dianne
Robinson was absent. Legislative Assistant Lori Smith was present to provide staff support.
President McConnell emphasized that the Study 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.
A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed
by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda
for action:
1. Reappointment of Sharon Shrader to the Bremerton Housing Authority (BHA) Board of
Commissioners - Cecil McConnell, Mayor Pro Tem Consent Agenda
2. Acceptance of the 2009 Justice Assistance Grant (JAG) Award Local Solicitation - Police
Chief Craig Rogers; and Will Maupin, Chair of Public Safety, Parks, & Planning Committee
Consent Agenda
3. Acceptance of the 2009 Community Oriented Policing Services (COPS) Hiring Recovery
Program Grant - Police Chief Craig Rogers; and Will Maupin, Chair of Public Safety,
Parks, & Planning Committee Consent Agenda
B. FULL DISCUSSION ITEMS
4. Upcoming 2010 Census - Eric Davenport, Team Leader, Sr. Partnership Specialist, United
States Census Bureau, Western Regional Office Information only
5. Section 108 Loan Application - Mari Vila, Community Development Block Grant Program
Administrator; and Phedra Elliott, Community Development Block Grant Program
Coordinator Information only
6. Proposed ordinance establishing Public Defense Service standards - Theresa Ewing,
Municipal Court Services Manager; and Will Maupin, Chair of Public Safety, Parks, &
Planning Committee Consent Agenda
7. Proposed resolution to approve the Revised Investment Policy to allow the City to purchase
its own taxable bonds issued to refinance the Gold Mountain Golf Complex - Andy Parks,
Finance Director; and Nick Wofford, Chair of Finance Committee General Business
8. Proposed ordinance approving the Voluntary Separation and Reduced Work Hours
Program for City of Bremerton Employees -Andy Parks, City Finance Director; and Carol
Conley, Human Resources Manager Consent Agenda
City Council Study Se_ssion Minutes
Wednesday, September 9,2009
Page 2 of 2
C. GENERAL COUNCIL BUSINESS
1. Council Committee Chair Reports:
Nick Wofford, mentioned that as the Bremerton representative on the Peninsula Regional
Transportation Planning Organization (PRTPO) he was asked to attend a Legislative
Meeting on October 2 where he plans to discuss ferries and streets, but asked the Council
Members to let him know if they had other priority items.
Brad GehrinQ, Chair of Public Works Committee, provided an update on items discussed
at the last Public Works Committee meeting including the budget review of the Street
Department adjustments to cash flow and that grants are being explored.
Will Maupin, Chair of Public Safety, Parks, & Planning (PSPP) Committee, said
discussions have centered on items that will eventually be coming to the full Council; and
passed on comments made by Municipal Court Services Manager Theresa Ewing, that
bringing the prosecutors in-house has been working very well.
President McConnell adjourned the Study Session at 6:20 PM.
p~:)
L RI SMITH '-"
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED: August 20, 2009
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5D
........................................................................................
SUBJECT: Reappointment to the
Bremerton Housing Authority Board of
Commissioners
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
~/il/:~
Ex cutlve
Cecil McConnell
473-5266
SUMMARY: Sharon Shrader's term on the Bremerton Housing Authority Board of Commissioners
will expire on October 19, 2009. It is recommended she be reappointed to another term.
ATTACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
;;;;~A1~ (r~/
/UJ~
~ ~ C;'c?
CONSENT AGENDA ~/
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to confirm the reappointment of Sharon Shrader to the
Bremerton Housing Authority Board of Commissioners.
COUNCIL ACTION: D Approve 0 Deny D Table
o Continue D No Action
m~'W"0' '0'0""','
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Application For City Boards/ Commissions/ Committee
Note: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before any
action is taken on your appointment.
(Please type or print clearly)
Date: 8-16-09
(360) 373-9608
Name: Sharon
FIRST
L
MIDDLE
Shrader
LAST
Home Phone:
Home Address: 525 Lebo Blvd. E 1
NUMBER STREET
WA
STATE
Bremerton
CITY
98310
ZIP
Occupation: Retired
Employer:
Work Address:
NUMBER STREET
STATE
CITY
ZIP
Work Phone: (
)
Fax: (
)
E-Mail: sharonshrader@comcast.net
Education:
Attended Whitman College, University of Washington, Olympic College, Associates Degree
Local References (names and phone numbers):
Anna Laurie 377-5268
Phyllis Mann 373-5547
Ed Wolfe 782-4200
I am interested in serving (please check one or more):
D Board of Appeals, Housing/Building Codes
D Civil Service Commission (18 yrs. and older)
D Community Development Block Grant Advisory Board
D Design Review Board
D Disability Action Committee
D Public Access Citizens Advisory Committee
D Arts Commission
~ Bremerton Housing Authority
D Citizen's Commission on Council Salaries
D Ethics Commission
D Mayor's Select Committee on Law Enforcement
D Parking Advisory Board
City Appointment Application
Page I of2
D Safe Streets Steering Committee
DUrban Forest Committee
D Youth Council
D Other
o Parks & Recreation Commission
o Planning Commission (18 yrs. and older)
D Solid Waste Management
Is this an application for reappointment? yes
If yes, how many years have you served on this commission/committee? five
Why are you applying for this appointment? I have been encouraged to continue my service to BHA in
order to provide an historic perspective in this particularly critical period.
Which of your personal and/or professional interests prompted you to apply for this appointment? I have
been engaged in housing and economic development issues in diverse public responsibilities over a career in
public service for over 30 years.
Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes,
please list: Several years ago I was Finance Chair for Sinclair Landing Assn. and by extension was a member
of the Project Team for the Transportaton Center. I was also a member of the planning group that resulted in
the construction of the NDGC.
Please list your qualifications for this appointment (include skills, activities, training, education): I have
five years of experience on the BHA Board and eighteen years as Kitsap County Treasurer, six years as a
Brownsville Port Commissioner and part of a term on the Central Kitsap School Board.
What are your community interests (committees, organizations, special activities)? I have served on a
variety of Boards and Commissions including the Kitsap County Planning Commission, a founding member of
the Bremerton Schools Foundation, Bremerton Symphony Board, American Red Cross Board, Kitsap
Community Clinic Board (Peninsula Community Health Services) Green Mountain Rehabilitation Board,
League of Women Voters Board, currently President of my Homeowners Association..
We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at
(360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed
form to: Mayor's Office, 345 6th Street, Suite 600, Bremerton W A 98337.
City Appointment Application
Page 2 of2
DATE SUBMITTED: August 26, 2009
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
........................................................................................
SUBJECT: 2009 Justice Assistance Grant
(JAG) Acceptance Local Solicitation
Committee Meeting Date: September 9, 2009
COUNCIL MEETING Date: . September 16,2009
Department: Police
Presenter: Chief Rogers
Phone: 473-5224
SUMMARY: The JAG grant award allows the Police Department and City to preserve and sustain
law enforcement personnel staffing levels. The grant is from the Department of Justice, Bureau of
Justice. No matching funds are required of the City. The total grant amount is $59,540.00. The grant
duration is October 1,2008 through September 30, 2012.
A TT ACHMENTS: Acceptance A ward Documentation
FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source for
$59,540.00. It will provide dollars for preserving law enforcement staffing levels.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
c- _ /'
~ - - &--->~/t1
~~.
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to accept the 2009 Justice Assistance Grant Award Local
Solicitation and authorize the Mayor to finalize and execute the acceptance documents with
substantially the same terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny D Table
o Continue 0 No Action
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PAGE 1 OF 5
Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City ofBremerton
345 6th Street, Suite 600
Bremerton, WA 98337-1812
4. AWARD NUMBER: 2009-DJ-BX-0309
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
10/01/2008 TO 09/30/2012
10/01/2008 TO 09/30/2012
6. AWARD DATE 08/25/2009
7. ACTION
lA. GRANTEE IRSNENDOR NO.
916001231
8. SUPPLEMENT NUMBER
00
Initial
9. PREVIOUS AWARD AMOUNT
$0
3. PROJECT TITLE
Keeping Staffing at 2009 Budgeted Levels
10. AMOUNT OF THIS AWARD
$ 59,540
11. TOTAL AWARD
$ 59,540
12. SPECIAL CONDITIONS
TIIE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTII
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTIIORITY FOR GRANT
This project is supported under 42 U.S.c. 3751(a) (BJA - JAG Formula)
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUTIIORIZED GRANTEE OFFICIAL
James H. Burch II
Cecil McConnell
Mayor
Acting Director
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTIIORIZED RECIPIENT OFFICIAL
19A.DATE
0- ~.~~(.=
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG.
AGENCY USE ONLY
21. IDJUGT3904
SUB. POMS AMOUNT
x
B
DJ
80
00
00
59540
OIP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OIP FORM 4000/2 (REV. 4-88)
v
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF 5
PROJECT NUMBER 2009-DJ-BX-0309
AWARD DATE
08/25/2009
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OIP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OIP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OIP.
5. The recipient must promptly refer to the DOJ DIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either I) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotIine fax: (202) 616-9881
Additional information is available from the DOJ DIG website at www.usdoj.gov/oig.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE 3 OF 5
Grant
PROJECT NUMBER 2009-DJ-BX-0309
AWARD DATE
08/25/2009
SPECIAL CONDITIONS
6. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to fIrst determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifIcally funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
sub grantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must fIrst be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) signifIcantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identifIcation, seizure, or closUre of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEP A may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resource/nepa.html. for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgtantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specifIc request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
7. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information
Exchange Model (NIEM) specifIcations and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this grant to the component registry as specifIed in the
guidelines. For more information on compliance with this special condition, visit
http://www.niem.gov/implementationguide.php.
9. The recipient is required to establish a trust fund account. (The trust fund mayor may not be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the fInal submission of the Financial
Status Report (SF - 269).
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE 4 OF 5
Grant
PROJECT NUMBER 2009-DJ-BX-0309
AWARD DATE
08/25/2009
SPECIAL CONDITIONS
10. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and
detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these
requirements will be monitored by BJA.
11. The recipient agrees that any information technology system funded or supported by OIP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
Should OIP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.c.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state govermnental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page= 1046.
13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, thl? Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
. grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
14. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
15. Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedlp"es regarding the protection of human research subjects, including obtainment ofInstitutional Review Board
approval, if appropriate, and subject informed consent.
16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.c. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
17. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2009-DJ-BX-0309
AWARD CONTINUATION
SHEET
SPECIAL CONDITIONS
AWARD DATE
Grant
08/25/2009
PAGE 5 OF 5
18. The grantee agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task
force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete
required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force
Integrity .and Leadership. This training will address task force effectiveness as well as other key issues including
privacy and civilliberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. Additional information will be provided by BJA regarding the required training and access methods via
BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).'
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Memorandum To: Official Grant File
From:
M. A. Berry, Environmental Coordinator
Subject:
Incorporates NEP A Compliance in Further Developmental Stages for City of
Bremerton
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local
governments to support a broad range of activities to prevent and control crime and to improve the
criminal justice system, some of which could have environmental impacts. All recipients of JAG funding
must assist BJA in complying with NEP A and other related federal environmental impact analyses
requirements in the use of grant funds, whether the funds are used directly by the grantee or by a
subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the
grantee must first determine if any of the specified activities will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a IOO-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change
in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are ( a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEP A may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements, please see
http://www .ojp.usdoj .gov /BJAlresource/nepa.html. .
Please be sure to carefully review the grant conditions on your award document, as it may contain more
specific information about environmental compliance.
Department of Justice
Office of Justice Programs
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Bureau of Justice Assistance
)
Grant
PROJECT NUMBER
2009-DJ-BX-0309
PAGE I OF I
, This project is supported under 42 U.S.c. 3751(a) (BJA - JAG Formula)
1. STAFF CONTACT (Name & telephone number)
Lucia Turck
(202) 305-1619
2. PROJECT DIRECTOR (Name, address & telephone number)
Craig Rogers
Chief
1025 Burwell Street
Bremerton, WA 98337-1812
(360) 473-5224
3a. TITLE OF THE PROGRAM
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation
4. TITLE OF PROJECT
Keeping Staffing at 2009 Budgeted Levels
5. NAME & ADDRESS OF GRANTEE
6. NAME & ADRESS OF SUBGRANTEE
City ofBremerton
345 6th Street, Suite 600
Bremerton, WA 98337-1812
7. PROGRAM PERIOD
8. BUDGET PERIOD
FROM:
10/01/2008
TO: 09/30/2012
FROM:
10/01/2008
TO: 09/30/2012
9. AMOUNT OF AWARD
$ 59,540
10. DATE OF AWARD
08/25/2009
II. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units oflocal governments, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for anyone or more of the
following purpose areas: I) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and
wituess programs (other than compensation).
The city of Bremerton will use the JAG award to pay the yearly salary of a Bremerton Police Department officer assigoed to the bicycle unit. This unit is respousible
for neighborhood patrols and community events. The officer will patrol for all ranges of offenses from driving with a suspended license to robbery.
OJP FORM 4000/2 (REV. 4-88)
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
Washing/on, D.C. 20531
August 25, 2009
The Honorable Cecil McConnell
City ofBremerton
345 6th Street, Suite 600
Bremerton, WA 98337-1812
Dear Mayor McConnell:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation in
the amount of $59,540 for City ofBremerton.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all fmancial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termin~tion for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Lucia Turck, Program Manager at (202) 305-1619; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Q-~"-~'=
James H. Burch II
Acting Director
Enclosures
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 20531
August 25, 2009
The Honorable Cecil McConnell
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337-1812
Dear Mayor McConnell:
Congratulations on your recent award. In establishing fmancial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OIP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of fmancial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. F ederallaw also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. 9 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.1ep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients of Federal [mancial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968,42 V.S.C. 113789d(c), or other Federal grant
program requirements, must meet two additional requirements: (1 ) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. 1142.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. 111142.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
Ifwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
~J.~
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
DATE SUBJ\.1lTTED: August 13,2009
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: COPS Hiring Recovery
Program 2009 Grant Acceptance
Committee Meeting Date: September 9, 2009
COUNCIL MEETING Date: September 16, 2009
Department: Police
Presenter: Chief Rogers
Phone: 473-5224
SUMMARY: The COPS CHRP grant award allows the Police Department and City to preserve and
sustain law enforcement personnel staffmg levels. The grant is from the Department of Justice,
Community Oriented Policing Office. No matching funds are required of the City. The total grant
amount is $831,339.00. According to the federal acceptance conditions, all officers funded under this
grant must be retained for a fourth year. The grant duration is July 1,2009 through June 30, 2012.
ATTACHMENTS: Acceptance Award Documentation
FISCAL IMP ACTS (Include Budgeted Amount): None. The CHRP grant funding is a revenue
source for $831,339.00. It will provide dollars for preserving law enforcement staffing levels.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~At1 C;;~~''1/~/
~~
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to accept the 2009 COPS Hiring Recovery Program Grant
A ward and authorize the Mayor to finalize and execute the acceptance documents with substantially
the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny 0 Table
D Continue 0 No Action
U. S. Department of Justice
Office of Community Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
By signing the Award Document to accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following
grant terms and conditions:
1. The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual; COPS
statute (42 U.S.C. ~. 3796dd, et seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (governing administrative requirements for
grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. Part 220 (OMB Circular A-21), 2 C.F.R. Part
230 (OMB Circular A-122) and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB Circular A-
133 (governing audits); American Recovery and Reinvestment Act (RecoveryAct) of 2009, P.L.111-5; representations made in the
COPS Hiring Recovery Program grant application; and all other applicable program requirements, laws, orders, regulations, or
circulars.
2. The grantee agrees to comply with the Assurances and Certifications forms that were submitted as part of its COPS Hiring Recovery
Program application.
3. The funding under this project is for the payment of approved full-time entry-level sworn officer salaries and fringe benefits over three
years (for a total of 36 months of funding) for new or rehired additional, career law enforcement officer positions, hired on or after the
award start date. The Financial Clearance Memorandum included in your award packet specifies the costs that the grantee is allowed
to fund with your CHRP award. It will also describe any costs which have been disallowed after review of your proposed budget. The
grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum.
4. CHRP grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would,
in the absence of federal aid, be made available for hiring and/or rehiring full-time career law enforcement officer positions.
5. At the time of grant application, the grantee committed to retaining all CHRP officer positions awarded with state and/or local funds
for a minimum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the number of
locally-funded positions that would have existed in the absence of the grant. You cannot satisfy the retention requirement by using
CHRP positions to fill vacancies from attrition.
6. The grantee may request an extension of the grant award period to receive additional time to implement the grant program. Such
extensions do not provide additional funding. Only those grantees that can provide a reasonable justification for delays will be granted
no-cost extensions. Reasonable justifications may include delays in hiring COPS-funded positions, officer turnover, or other
circumstances that interrupt the 36-month grant funding period. An extension allows the grantee to compensate for such delays by
providiIlg additional time to complete the full 36 months of funding for each position awarded. Extension reauests must be received
vrior to the end date o{the award. as extension reauests received after an award has exvired will be aVDroved onlv under verv limited
circumstances. '
7. During the CHRP grant award period, it may become necessary for an agency to modify its CHRP grant award due to changes in an
agency's fiscal or law enforcement situation. For instance, modification requests should be submitted to the COPS Office when an
agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category or reduce
the total number of positions awarded. Grant modifications under CHRP are evaluated on a case-by-case basis. All modification
requests must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS
Office will not approve any modification request that results in an increase of ft;deral funds.
8. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Recovery Program. The grantee agrees
to cooperate with the monitors and evaluators.
9. To assist the COPS Office in the monitoring of your award, the grantee agrees to submit quarterly programmatic progress reports and
quarterly financial reports in addition to any reports required by the Recovery Act. The grantee also agrees to submit all requested
reports in a timely manner.
10. The COPS Office performs various functions to ensure compliance with all grant requirements, to assess the implementation of
community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine
during the grant period and may occur up to three years following the official closure of the grant award. These functions, and others,
often require the production of grant-related documentation and other materials. As a COPS CHRP grantee, you agree to cooperate
with any such requests for information.
11. The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment
Opportunity Plan (28 C.F.R. Part 42 subpart E). For assistance, grantees should consult the Office of Justice Programs, Office for
Civil Rights website at www.oio.usdoi.gov/about/ocr/eeoo.htrn.
12. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment
Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in
the United States.
13. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under CHRP must engage in
community policing activities. Community policing activities to be initiated or enhanced by the grantee were identified and
described in your CHRP grant application, with reference to each of the following elements of community policing: a) community
Page 1 of3
U. S. Department of Justice
Office ofCommun(ty Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
partnerships and support; b) related governmental and community initiatives that complement the grantee's proposed use of CHRP
funding; and c) how the grantee will use the funds to reorient its mission or enhance its commitment to community policing.
14. Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this
CHRP grant do not service the other jurisdiction, but will only be involved in activities or perform services that exclusively benefit the
grantee's own jurisdiction. Grantees cannot use CHRP funds to pay for a contract to receive law enforcement services from another
agency.
15. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debannent from participating
in federal grants or contracts, and/or any other remedy available by law.
16. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act
(Recovery Act) of 2009 and agrees to comply with the extensive accountability and transparency requirements on the use of
Recovery Act funds:
(A) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing
Subrecipients
(1) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) (Recovery Act) as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative
Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" and 28
C.F.R. 66 "Uniform Administrative Requirements for Grants and Agreements for State and Local Governments," the recipient agrees
to maintain records that identify adequately tiJ,e source and application of Recovery Act funds.
(2) For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-B3, "Audits of States, Local
Governments, and Non-Profit Organizations," the recipient agrees to separately identify the expe1.1ditures for federal awards under the
Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB
Circular A-B3. This shall be accomplished by identifying expenditures for federal awards made under the Recovery Act separately on
the SEFA, and as separate rows under Item 9 of Part I1I on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in
identifying the name of the federal program on the SEFA and as the first characters inItem 9d of Part IiI on the SF-SAC.
(3) The recipient agrees to separately identify to each sub-recipient (if any) and document at the time of sub-award and at the time of
disbursement of funds, the federal award number, CFDA number, and amount of Recovery Act .funds. When a recipient awards
Recovery Act funds for an existing program, the information furnished to sub-recipients shall distinguish the sub-awards of
incremental Recovery Act funds from regular sub-awards under the existing program. .
(4) The recipient agrees to require their sub-recipients (if any) to include on their SEF A information to specifically identify Recovery
Act funding similar to the requirements for the recipient SEF A described above. This information is needed to allow the recipient to
properly monitor sJlb-recipient expenditure of Recovery Act funds as well as oversight by the Department of Justice, Office of the
Inspector General and Government Accountability Office. .
(B) RecipientReoorts and Central Contractor Registration
(1) The recipient agrees to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery
Act funds provided through this award. Information from these reports will be made available to the public.
(2) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award
funded in whole or in part by the Recovery Act. .
(3) The recipient and their fIrst-tier recipients (if any) must maintain current registrations in the Central Contractor Registration
(www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data
Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration. .
(4) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting inStructions and
data elements that will be provided online at www.FederaIReporting.gov and ensure that any information that is pre-filled is corrected
or updated as needed.
(C) Data Elements of Recipient Reports
In accordance with section 1512( c) of the Recovery Act, the recipient agrees that not later than 10 days after the end of each calendar
quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains -
(1) the total amount of recovery funds received from that agency;
(2) the amount of recovery funds received that were expended or obligated to projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including-
(a) the name of the project or activity;
(b) a description of the project or activitY;
Page 2 of3
U. S. Department of Justice
Office of Community Oriented Policing Services
COPS Hiring Recovery Program Grant Terms and Conditions
(c) an evaluation of the completion status of-the projector activity;
(d) an estiJnate of1l).e number ofj()bs created and the number of jobs retained by the project or activity; and
(e) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for
funding the infrastJ:ucture investment with funds made available under this Act, and name of the person to contact at the agency if
there are concerns with the infrastructure investment.
(4) Detailed information on subcontracts or subgrants (if any) awarded by the recipient to include the data elements required to
comply with the Federal Funding Accountability and Transparency Act of 2006 (public Law 109-282), allowing aggregate reporting
on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.
These reports are in addition to other financial and programmatic reports required by the COPS Office.
(D) Access to Records and Interviews
The recipient agrees that the Department of Justice (DOJ) ,and its representatives (including COPS and the Office of the Inspector
General (OIG)) and the Government Accountability Office (GAO) shall have access to and the right to examine all records (including,
but not limited to, books, papers, and documents) related to this Recovery Act award. The recipient also agrees thatDOJ and the GAO
are authorized to interview any officer or employee of the recipient regarding transactions related to this Recovery Act award..
(E) Reporting Potential Fraud. Waste. and Abuse.andSit'nilar Misconduct
The ,recipient agrees to promptly refer to the Office of the Inspector General (OIG) any credible evidence that a principal, employee,
agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed
a criminal or civil' violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or, similar misconduct involving
Recovery 'Act funds. The OIG may' be contacte<i at OIG.hotline@usdoi.gov. www.usdoj.gov/oig/FOlA/hotline.htm. and
800.869.4499. '
, ,
(F) Protecting State and Local Government and c;ontractor Whistleblo~ers
The recipient agrees that the Recovery Act provides certain protections against reprisals for employees of non-federal employers (state
and local governments or private contractors) who disclose information to federal officials reasonably believed to be evidence of gross
manlJ,gement, gross waste, substantial: and specific danger to public health or safety, abuse ,of authority, or violations of law related to
contracts or grantS using Recovery Act funds.
(G) Separate Trackini!: and Reporting of Recoverv Act Funds and Outcomes
The recipient agrees to maintain acco'uhting systemsi arid records that adequately track, account for, and report on' all funds' from this
Recovery Act award (including officers hired, salaries and fringe benefits paid, arid the number of jobs created' aild jobs preserved)
separately from all other funds (including other COPS and federal grants awarded for the saine or 'Similar purposes):
(H) Additional Requirements and Guidance
The recipient agrees to comply with any modifications Or additional requirements that may be imposed \,>y law and future COPS
(including government-wide) guidance 'and clarifications of Recovery Act requirements.
Page 3 of3
u.s. Department of Justice
Office of Community Oriented Policing Services (COPS)
~
~
n~__ _f..L_ n.:u__..._..
VJJ'(;~ Uj lflt:: UI.ft;:.c.;l,Uf
1100 Vermont Avenue, N. W
Washington, DC 20530
July 28, 2009
Chief of Police Craig Rogers
Bremerton, City of
1025 Burwell Street
Bremerton, W A 98337
Re: COPS Hiring Recovery Program Grant # 2009RKWX0887
ORI#: WA01801
Dear Chief of Police Rogers:
Once again, I would like to congratulate you on receiving a COPS Hiring Recovery Program
(CHRP) award. Your award is for 3 officer positions and $831,339 in federal funds over a three-year
grant period. Your agency may now begin hiring or rehiring officers to fill CHRP grant-funded
positions.
Enclosed in this package is your grant award. The Award Document must be signed and
returned to the COPS Office within 90 days to officially accept your grant. The Frequently
Asked Questions (FAQ) document included in this package should be helpful in answering any
questions you may have about accepting your award, or requesting additional time to do so.
Beginning on the reverse side of your Award Document, you will find a total of three pages
ofCHRP Grant Terms and Conditions. You should read and familiarize yourself with all 16 terms
and conditions that apply to your CHRP award.
A supplemental online award package for CHRP grantees can be found at
http://www.cops.usdoi.gov/Default.asp?Item=2271. We strongly encourage you to visit this site
immediately to access a variety of important and helpful documents associated with your award,
including the CHRP Grant Owner's Manual, which specifies the terms, conditions, and requirements
of your grant. Also, within a few weeks you should receive an important package from the Office of
the Chief Financial Officer, Office of Justice Programs, which will contain the forms and instructions
necessary to begin drawing down funds for your grant.
As mentioned at the time of announcement, each CHRP application was subject to a thorough
review, and some of your application information may have been updated or corrected from the
original version submitted to COPS. If you have not yet done so, please access your application at
http://www.cops.usdoi.gov/Default.asp?Item=464, and print and maintain a final copy for your
records (if you are unable to print a copy of your application, please contact the COPS Office at
800.421.6770).
The Financial Clearance Memorandum (FCM) and Final Funding Memorandum (FFM)
included in this package reflect allowable costs and amounts under yo.ur award. The FCM specifies
the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and
approved benefits, while the FFM contains the fmal officer salary and fringe benefit categories and
amounts for which your agency was approved. Please review both documents carefully, as your
agency may only be reimbursed for the amounts and approved cost categories indicated.
As a reminder, under CHRP all positions awarded (or an equal number of veteran officers)
must initiate or enhance community policing in accordance with the community policing plan as
described within Section 5 of your application. If for any reason your agency finds that your
community policing plans have significantly changed from those outlined in your application (e.g.,
because you received fewer officers than originally requested and thus must alter the scope of your
community policing plans), please revise the plan accordingly and submit it to the COPS Office for
review and approval. You should also contact the COPS Office if, for any reason, you need to modify
your grant award. This includes any reallocation of your awarded positions across the three primary
hiring categories (Le., new hires, rehires of officers laid off pre-application, and rehires of officers laid
off or scheduled to be laid off post-application).
As explained at the time of grant application, there are significant reporting requirements on
the use of CHRP funds. In addition to quarterly financial and programmatic progress reports
submitted to the COPS Office, CHRP grantees are also required to submit quarterly Recovery Act
reports within 10 days after the end of each calendar quarter to www.FederaIReporting.gov. These
Recovery Act reports will be made available to the public on www.Recoverv.gov. All grantees must
be registered as authorized users prior to submitting reports to www.FederaIReporting.gov. The
registration function on www.FederalReporting.gov will be available no later than August 26,2009.
Please note that registration with this website also requires users to be registered with the Central
Contractor Registration (CCR) and have a Dun & Bradstreet Data Universal Numbering System
(DUNS) number. Registering with CCR and obtaining a DUNS number take additional processing
time, so your agency should take immediate steps to meet these requirements in advance of
registration with www.FederalReporting.gov. For additional information on CCR and DUNS, please
refer to the CHRP Grant Owner's Manual at http://www.cops.usdoi.g:ov/Default.asp?Item=2270.
Finally, please remember that grantees must retain all sworn officer positions awarded under
the CHRP grant for a minimum of 12 months following the 36-month federal funding period. The
retained CHRP-funded position(s) should be added to your law enforcement budget with state and/or
local funds, over and above the number oflocally-funded positions that would have existed in the
absence of the grant. In your CHRP grant application, your agency was required to affirm that it plans
to retain the additional officer positions awarded following the expiration ofthe grant, and to identify
the planned sources of retention funding. If, during the life of the grant, you have questions regarding
the retention requirement or your retention funding sources, please contact the COPS Office for
assistance.
Once again, congratulations on your CHRP award. If you have any questions about your
grant, please do not hesitate to call the COPS Office Response Center at 800.421.6770.
Sincerely,
~
David M. Buchanan
Acting Director
Grants Administration Division
COPS Hiring Recovery Program
u.s. Department of Justice
Community Oriented Policing Services (COPS)
1100 Vermont Avenue, NW
Washington, DC. 20530
MEMORANDUM
To:
Chief of Police Craig Rogers
Bremerton Police Department
From:
Andrew A. Dorr, Assistant Director for Grants Administration
Re:
COPS Hiring Recovery Program (CHRP) Final Funding Memorandum
The COPS Office has completed the financial analysis of your agency's budgeted costs. This
Final Funding Memorandum (FFM) reflects your agency's final approved officer salary and
fringe benefit categories and approved salary and benefits amounts. Please note that the salary
and benefit costs requested in your original application may have been updated or corrected from
the original version submitted to COPS based on communication with your agency. Therefore,
you should carefully review this FFM, as your agency will only be reimbursed for the approved
cost categories that are shown within this document.
OJP Vendor #: 916001231 OR! #: W AO 180 1 Grant #: 2009RKWX0887 DUNS#:
556846970
Full- Time Sworn Officer Information
Current First Year Entry-Level Base Salary for One Sworn Officer Position: $61409.00
Fringe Benefits
Cost
Additional Information
Social Security:
Medicare:
Health Insurance:
$2272.00
$890.00
$14677.00
Exempt: 1
Exempt: 0
Fixed Rate: 0
Fixed Rate: 1
Life Insurance:
$338.00
Vacation:
$4606.00
Number of Hours Annually: 192
Sick Leave:
$2272.00
Number of Hours Annually: 96
Retirement:
$2991.00
Worker's Comp:
$1492.00 Exempt: 0
Unemployment Ins: $0.00 Exempt: 0
Other: Dental Insurance - $1867.00
Describe:
Other: -
Describe:
Other: -
Describe:
Total Current First Year Entry-Level Benefits for One Sworn Officer Position = $29133.00
Total Yearl Salary $ + Total Year I Benefits = $90542.00
Total Year 2 entry-level salary for one sworn officer position: $62637.00
Total Year 2 entry-level benefits for one sworn officer position: $29775.00
Total Year 3 entry-level salary for one sworn officer position: $63890.00
Total Year 3 entry-level benefits for one sworn officer position: $30269.00
u. S. Department of Justice
Community Oriented Policing Services
.
Grants Administration Division
COPS Hiring Recovery Program
1100 Vermont Avenl/e, NW
Washington, DC 20530
Memorandum
To: Chief of Police Craig E. Rogers
Bremerton, City of
From: Andrew A. Dorr, Assistant Director for Grants Administration
Re: COPS Hiring Recovery Program Financial Clearance Memo
OJP Vendor #: 916001231
ORI #: W A01801 DUNS #: 556846970
Grant #: 2009RKWX0887
Total Number of Full Time Officers Funded 3
Costs Per Officer: $277,113.00
Total Cost: $831,339.00
New Hires:
Rehires- Pre-Application Layoffs: 0
Rehires- Post-Application Layoffs: 2
Budget Category
Full Time Officer Salary
Full Time Officer Fringe
Benefits
Officer Salary and Fringe
Benefits for Three Years
Total CHRP Funding
for 3 Officers
Proposed Budget
$267,531.00
$563,808.00-
Approved Budget
$267,531.00
$563,808.00
Adjustments Disallowed/Adjusted - Reasons/Comments
$0.00
$0.00
$831,339.00
$831,339.00
$0.00
$831,339.00
$831,339.00
$0.00
Total CHRP Funding for 3 Officers
Federal Share: $831,339.00
Cleared Date:
Overall Comments:
A [mancial analysis of budgeted costs has been completed, and this Financial Clearance Memorandum reflects the amount of COPS
Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits. Please note that the salary and
benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS.
You should carefully review your Final Funding Memo (FFM), which is enclosed in your award package. The FFM contains the [mal
officer salary and fringe benefit categories and amounts for which your agency was approved. You will note that some costs may have
been adjusted or removed. Your agency may only be reimbursed for the approved cost categories that are documented within the FFM,
up to the amounts specified in this Financial Clearance Memorandum.
6/29/2009
D~ar Colleague,
Page 1 of3
Lori Smith
From: Lori Smith on behalf of City Council
Sent: Tuesday, July 28, 2009 3:14 PM
To: City Council
Subject: FW: COPS Hiring Recovery Program (CHRP) Grant Award
FYI
From: Craig Rogers
Sent: Tuesday, July 28, 20093:11 PM
To: City Council
Subject: FW: COPS Hiring Recovery Program (CHRP) Grant Award
From: Cops_Info [mailto:Cops_Info@usdoj.gov]
Sent: Tuesday, July 28,20099:33 AM
To: Craig Rogers
Subject: COPS Hiring Recovery Program (CHRP) Grant Award
United States Department of Justice
Office of Community Oriented Policing Services (COPS)
Office of the Director
1100 Vermont Avenue, N.W
Washington, DC 20530
July 28, 2009
Chief of Police Craig Rogers
Bremerton, City of
1025 Burwell Street
Bremerton, W A 98337
Mayor Cary Bozeman
City of Bremerton
345 6th Street
Suite 600
Bremerton, W A 98337
Re: COPS Hiring Recovery Program Grant # 2009RKWX0887
ORI#: WA01801
Dear Chief of Police Rogers and Mayor Bozeman:
Congratulations! On behalf of Attorney General Eric Holder, I am pleased to inforn1 you that your department
will receive a COPS Hiring Recovery Program (CHRP) grant award for 3 officer positions. The estimated
amount of federal funds to be awarded to your jurisdiction over the three-year grant period is $831,339.00. Your
agency may now begin hiring or rehiring officers to fill CHRP grant-funded positions.
.Yollriagei1cywilfbe iiY<l:iled' a:;CH.R:Pgrant'~waid patkag~by SepteI'nbeil, '2009. The award package will include
the official A ward Document, a Financial Clearance Memorandum (FCM), a Final Funding Memorandum (FFM),
7/28/2009
D~ar Colleague,
Page 2 of3
and a document which outlines how to accept and begin your award. Your agency will have 90 days from the
date listed on the letter within your award package to officially accept your award, or request additional time to do
so. Also, a supplemental online award package for COPS Hiring Recovery Program grantees can be found at
http:Hw:ww.cQp_~~1l~d9igQ}T/DefaJ.l11,1!c~p?Itw==-2_2n. We strongly encourage you to visit this site immediately to
access a variety of important and helpful documents associated with your award, including the CHRP Grant
Owner's Manual, which specifies the terms, conditions, and requirements of your grant. A Frequently Asked
Questions (F AQ) document can be found at hJ:tp;jjWWW,99pS_.llSdQigQv/D~fa1l1L<g;!'71!:~m=nO_8, which should be
helpful in answering many questions you may have about your new CHRP award.
Please be aware that each CHRP application was subject to a thorough review, and some of your application
information may have been updated or corrected from the original version submitted to COPS. At this time, we
strongly encourage you to access your application at http://:WWW.cQP~.J.l~<iQig~v:/D~fglllta~p(JJen:!::'=464, and print
and maintain a copy for your records (if you are unable to print a copy of your application, please contact the
COPS Office at 800.421.6770). Please pay special attention to Section 7, which contains the final salary and
fringe benefit amounts and categories for which your agency was approved. You will note that some costs may
have been adjusted or removed. Your agency may be reimbursed only from within the cost categories that are
documented vyithin Section 7 of this final application. Similar information regarding your approved salary and
benefits amounts will also be located on the FCM and FFM, which will be included in your award package.
As a reminder, all positions awarded under CHRP (or an equal number of veteran officers) must initiate or
enhance community policing in accordance with the community policing plan as described within Section 5 of
your application. If for any reason your agency finds that your community policing plans have significantly
changed from those outlined in your application (e.g., because you received fewer officers than originally
requested and thus must alter the scope of your community policing plans), please revise the plan accordingly and
submit it to the COPS Office for review and approval. Similarly, you should also contact the COPS Office if, for
any reason, you need to reallocate your awarded positions across the three primary hiring categories (i.e., new
hires, rehires of officers laid off pre-application, and rehires of officers laid off or scheduled to be laid off post-
application).
As explained at the time of grant application, there are significant reporting requirements on the use of CHRP
funds. In addition to quarterly financial and programmatic progress reports submitted to the COPS Office, CHRP
grantees are also required to submit quarterly Recovery Act reports within 10 days after the end of each calendar
quarter to .\vww.FederalReporting.gQY. These Recovery Act reports will be made available to the public on
www.KeQ(r\,:~ry.gQY. All grantees must be registered as authorized users prior to submitting reports to
wwvv,fecl,era~Rep9rtiJ}g.gQY. The registration function on w\V\V.F'ed~J<tlR(moItiJ}g.gQv will be available no later
than August 26, 2009. Please note that registration with this website also requires users to be registered with the
Central Contractor Registration (CCR) and have a Dun & Bradstreet Data Universal Numbering System (DUNS)
number. Registering with CCR and obtaining a DUNS number take additional processing time, so your agency
should take immediate steps to meet these requirements in advance of registration with
www.FederalRe!,orting.gov. For additional information on CCR and DUNS, please refer to the CHRP Grant
Owner's Manual at htt!.://www.co!.s.usdoj.gov/Default.as!.?Item=2270.
Also, please remember that grantees must retain all sworn officer positions awarded under the CHRP grant for a
minimum of 12 months following the 36-month federal funding period. The retained CHRP-funded position(s) .
should be added to your law enforcement budget with state and/or local funds, over and above the number of
locally-funded positions that would have existed in the absence of the grant. In your CHRP grant application,
your agency was required to affirm that it plans to retain the additional officer positions awarded following the
expiration of the grant, and to identify the planned sources of retention funding. If, during the life of the grant,
you have questions regarding the retention requirement or your retention funding sources, please contact the
COPS Office for assistance.
Once again, congratulations on your CHRP award. We look forward to working with you in a productive
partnership to further your community policing efforts. If you have any questions about your grant award, please
do not hesitate to call the COPS Office Response Center at 800.421.6770.
Sincerely,
7/2812009
Dear Colleague,
Page 3 of3
~.
David M. Buchanan
Acting Director
7/28/2009
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5G-
...............~.O:5o.~q...............................................................,
SUBJECT: Ordinance for Public Defense Committee Meeting Date: 09/0912009
Services COUNCIL MEETING Date: 09/1612009
Department: Municipal Court
Presenter: Theresa Ewing
Phone: 473-5242
SUMMARY:
Ordinance number 50<0 q establishes Public Defense Service standards for the City of
Bremerton. The City of Bremerton is required to adopt standards for indigent clients based on the
acceptance of a Public Defense Grant A ward in 2008. This ordinance establishes qualifications for
attorneys that perform Public Defense in Bremerton, training requirements for Public Defense
Attorneys, and case load limitations as well as the types of case assignments.
ATTACHMENTS: Public Defense Ordinance NO. 5"08'\
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
c::. 1"1/
QZ---1----vvz.-~-1
~~ .
~ <c ~4-
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to approve Ordinance number 50 3 q
City of Bremerton.
establishing a Public Defense Ordinance for the
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. 5 0 ~DJ
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting standards for the delivery of
public defense services.
WHEREAS, RCW 10.101.030 requires the City of Bremerton ("City") to adopt
standards for the delivery of public defense services; and
WHEREAS, the City Council desires to adopt public defense service standards
which reflect the needs of the City; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Adoption. To ensure that indigent criminal defendants receive
high-quality legal representation through a public defense system that efficiently and effectively
protects the constitutional requirement of effective assistance of counsel, the City hereby adopts
the following standards for such services.
SECTION 2. Duties and Responsibilities of Counsel. The legal representation
shall be provided pursuant to a contract between the City and the Public Defender. It shall
require that defense services be provided to all clients in a professional, skilled manner
consistent with minimum standards set forth by the American Bar Association, applicable state
bar association standards, the Rules of Professional Conduct, case law and applicable court rules
defining the duties of counsel and the rights of defendants in criminal cases.
SECTION 3. Caseload Limits and Tvpes of Cases. The caseload negotiated
with the City's Public Defender must allow each client the time and effort necessary to ensure
effective representation. Caseload limits should be determined by the number and type of cases
being accepted and on the prosecutor's charging and plea bargaining practices. The City shall
ensure that the Public Defender shall not be required to accept more cases than can be reasonably
managed.
SECTION 4. Comoensation. The City's Public Defender compensation shall be
established through negotiation of a contract for defender services. The compensation package
should reflect the customary compensation of the community for similar services rendered by
other publicly paid attorneys to a public client. The City shall consider training, experience, and
the nature and extent of services requested and the time and labor required of the attorney
undertaking defender services.
SECTION 5. Support Services. Contracts for public defender services should
include the support services associated with legal representation, including, but not limited to,
secretarial and office support, paralegals, mental health services, social services and
investigators.
1
Standards for Delivery of Public Defense Services
SECTION 6. Reports of Attornev Activity and Vouchers. The contract between
the City and the Public Defender shall require that the defense attorney or office maintain a case
reporting and management information system which includes number and type of cases,
attorney hours and disposition. This information shall be provided regularly to the City and shall
also be made available to the Office of the Administrator of the Courts. Any such system shall
be maintained independently from client files so as to disclose no personal information.
SECTION 7. Training:. Attorneys providing public defense services should
participate in regular training programs on criminal defense law, including a minimum of seven
hours of continuing legal education annually in areas relating to their public defense practice.
Every attorney providing counsel to indigent accused should have the opportunity to attend
courses that foster trial advocacy skills and to review professional publications and tapes.
SECTION 8. Monitoring and Evaluation of Attorneys. The plan for public
defense services should establish a procedure for systematic monitoring and evaluation of
attorney performance based upon published criteria. Supervision and evaluation efforts should
include review of time and caseload records, review and inspection of transcripts, in-court
observations and periodic conferences.
SECTION 9. Substitution of Attornevs or Assignment of Contract. The attorney
engaged by the City to provide public defense services should not subcontract with another firm
or attorney to provide representation and should remain directly involved in the provision of
representation. Ifthe contract is with a firm or office, the City should request the names and
experience levels ofthose attorneys who will actually be providing the services, to ensure they
meet minimum qualifications. The employment agreement shall address the procedures for
continuing representation of clients upon the conclusion of the agreement.
SECTION 10. Oualifications of Attorneys. In order to assure that indigent
accused receive the effective assistance of counsel to which they are constitutionally entitled,
attorneys providing defense services should meet the following minimum:
A. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court; and
B. Complete seven hours of continuing legal education within each calendar year in
courses relating to their public defense practice.
SECTION 11. Disposition of Client Complaints. The contract between the City
and the Public Defender shall include a method to respond promptly to client complaints.
Complaints should first be directed to the attorney, firm or agency which provided
representation. If the client feels that he or she has not received an adequate response, the City
shall designate a person or agency to evaluate the legitimacy of complaints and to follow up
meritorious ones. The complaining client should be informed as to the disposition of his or her
complaint within one week.
SECTION 12. Nondiscrimination. Neither the City, in its selection of an
attorney, firm or agency to provide public defense representation, nor the attorneys selected, in
their hiring practices or in their representation of clients, shall discriminate on the grounds of
2
Standards for Delivery of Public Defense Services
race, color, religion, national origin, age, marital status, sex, sexual orientation or handicap.
Both the City and the contractor shall comply with all federal, state and local nondiscrimination
requirements.
SECTION 13. Guidelines for Awarding Defense Contracts. The City should
award contracts for public defender services only after determining that the attorney or firm
chosen can meet accepted professional standards. Under no circumstances should a contract be
awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate
their ability to meet these standards.
SECTION 14. Severabilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 15. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2009
CECIL McCONNELL, Council President
Approved this
day of
,2009
CECIL McCONNELL, Mayor Pro Tem
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2009
,2009
R:\Legal\Legal\Ordinances\legal\Standards for Delivery of Public Defense Services. doc
3
Standards for Delivery of Public Defense Services
DATE SUBMITTED: September 10, 2009
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5H
........................................................................................
SUBJECT: Ordinance No. 5090 approving
the Voluntary Separation and Reduced Work
Hours Program
Committee Meeting Date: September 9, 2009
COUNCIL MEETING Date: September 16, 2009
Department: Financial Services
Presenter: Carol Conley
Phone: 473-5347
SUMMARY: The proposed ordinance approves the Voluntary Separation and Reduced Work Hours
Program. This program would give City Departments the option to offer incentives to employees who
voluntarily separate from employment, either through retirement or resignation where such separation
would provide a quantifiable cost savings to the City. The program also offers the option for
employees to voluntarily reduce their work hours. Participation in the program would be entirely
voluntary and subject to approval of the Department Director (subject to review and approval of the
Director of Financial Services, Human Resources Manager, City Attorney, and Mayor) and
conditioned upon execution of a written agreement between the City, the employee, and respective
labor union or guild as applicable acknowledging the terms and conditions of the program as
implemented.
ATTACHMENTS: Ordinance No. 5090
FISCAL IMPACTS (Include Budgeted Amount): The program provides the potential for additional
personnel cost savings. Participation in the program is voluntary and requires mutual agreement.
There must be a quantifiable cost savings to the City or the request will not be approved.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION: Move to pass Ordinance No. 5090 approving the Voluntary
Separation and Reduced Work Hour Program.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
ORDINANCE NO. 5090
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving the Voluntary Separation and
Reduced Work Hours Program.
WHEREAS, in an effort to accommodate budget constraints, City Council desires
to give the Mayor the option to offer incentives to employees to voluntarily separate from
employment, either through retirement or resignation; and
WHEREAS, City Council also desires to give the Mayor the ability to offer
employees the option to voluntarily reduce their work hours schedule; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Voluntary Separation and Reduced Work Hours Program
attached hereto as Exhibit A is hereby approved.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences ofthis ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2009
CECIL McCONNELL, Council President
Approved this
day of
,2009
CECIL McCONNELL, Mayor Pro Tern
1
Voluntary Separation and
Reduced Work Hours Program
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTNE the
ORDINANCE NO.
day of
day of
,2009
,2009
R:\Legal\Legal\Ordinances\Finance\Voluntary Separation and Reduced Work Hours Ord.doc
2
Voluntary Separation and
Reduced Work Hours Program
CITY OF BREMERTON
VOLUNTARY SEPARATION
AND REDUCED WORK HOURS PROGRAM
This program gives the Mayor or Mayor Pro Tern ("Mayor") the option to offer incentives to
employees to voluntarily separate from employment, either through retirement or resignation and
to offer employees the option to voluntarily work reduced hours.
I. GENERAL PARAMETERS OF THE PROGRAM
Purpose
The purpose of the Voluntary Separation and Reduced Work Hours Program is to secure short
and long term labor cost savings while providing employees that choose to leave the organization
an incentive to do so and provide an organizational structure that will provide remaining
employees opportunities for near and longer term success while maintaining City services to our
Citizens.
Labor Agreements
Participation for employees covered by a collective bargaining agreement depends on the
provisions of that agreement and approval of the respective labor union or guild.
Availability
The City will consider requests to participate in the voluntary separation and reduced work hours
program that are submitted no later than October 30, 2009. Employees shall submit their requests
to the Human Resources Manager with a copy to their department director. Employees
requesting voluntary separation must separate from employment with the City no later than June
30,2010. Employees requesting reduced work hours must begin the reduced work hour schedule
effective January 1, 2010.
Management Tools
The voluntary program is a management tool, not an employee right. No employee shall have a
contractual right to an incentive offered through this program.
Participation and Eligibility
Participation in the program is entirely voluntary. To be minimally eligible for the voluntary
separation or the reduced work hours program, an employee must have regular, full-time status
and be a non-probationary employee.
City Approval
Participation in the program requires approval ofthe employee's department director or
designee, and the review and approval of the Director of Financial Services, the Human
Resources Manager, City Attorney and Mayor.
Page 1 of 4
Approval Criteria
City Approval is subject to consideration of the following criteria:
· Ability of City to continue to deliver desired City services.
· Retention of adequate levels of skilled, talented employees in needed occupations and
locations to deliver desired services.
· Reduction of management, supervisory and overhead positions.
· Difficulty or cost of replacing employees with particular skills or knowledge
requirements or in certain locations.
· Potential disruption due to the overall loss of experienced workers.
· Short and long term savings resulting from individual separations and the program
collectively.
· The voluntary program shall not be targeted on the basis of individual or personal factors.
Final approval for any employee requesting separation or reduced work hours is conditioned
upon execution of a written agreement between the City, the Employee and respective labor
union or guild as applicable acknowledging the terms and conditions of the program.
Unemployment Compensation
Employees requesting and receiving City approval for a voluntary separation or reduced work
hours are ineligible for unemployment compensation.
Repayment
Any employee who returns to City employment or service within five years (as an employee or
contractor) after executing an employment separation agreement resulting from this program
must repay the amount of compensation resulting from the separation agreement. An exception
to this provision may be granted, with the approval of the Director of Financial Services and the
Mayor prior to employment or contract with the City. Exceptions granted to this provision may
require partial repayment of the incentive on a pro-rata basis.
Effect on Retirement System
Voluntary separation agreements cannot propose or require changes to current pension statutes,
and cannot increase the City's pension contribution rates. Any separation payment must be a
lump sum payment, excluding any payments or agreed to withholdings for COBRA or extended
medical and dental benefits. Any separation payments will be subject to applicable withholdings,
but will not be considered income for retirement (average final compensation) purposes.
II. VOLUNTARY SEPARATION
Concept and Goals
Voluntary separation gives the City the option to consider an employees' request to voluntarily
separate from City employment through either retirement or resignation. The goals of voluntary
separation are to reduce short and long term compensation costs, as well as to facilitate
redeployment, reorganization, and other efforts to make more effective use of the City's human
resources. This is not an early retirement program. Voluntary separation is not to be used to
target employees on the basis of individual or personal factors. Voluntary separation must result
Page 2 of 4
in short and long term cost savings to the City.
Basic Provisions
· Voluntary separation shall not be targeted on the basis of individual or personal factors.
· Voluntary separation will be subject to the terms and conditions oflabor agreements as
applicable.
· Employees requesting voluntary separation will sign a form indicating that their decision
to participate is entirely voluntary and that they fully understand the limitations and costs
associated with re-employment and other restrictions.
· City approval of employee requests will be conditioned on measurable short and long
term savings to the City.
Early Separation Incentives
To provide an incentive to employees to request early separation, the City offers employees
"separation pay" and "additional compensation" as described below. Additionally, the City will
allow employees, if they choose, to apply their separation incentives to pay eligible COBRA
benefits and/or to pay extended medical and dental premiums.
· Union employees will receive separation pay pursuant to the formula set forth in BMC
2.50.090 as if an "at will" employee as follows:
· up to 2 full years of employment, 2 months pay
· 2 full years through 5 full years of employment, 2.5 months pay
· over 5 full years of employment, 3 months pay
· Management and professional staff will receive separation pay pursuant to the formula
set forth in BMC 2.50.090 as would normally be provided to them upon separation plus
one additional month's pay.
· Additionally, the City will pay employees who voluntarily separate under this program
additional compensation in the amount of $400 for each year of full time service with the
City up to a maximum of$12,000.
· The effective date of separation will be used to determine full years of employment.
· The total compensation resulting from the separation pay incentive and the additional
compensation incentive will be paid to the employee as;
1. a lump sum, subject to applicable withholding;
2. COBRA payments up to the available incentive pay amount, with any remainder
paid as a lump sum, subject to applicable withholding; or
3. COBRA and extended medical and dental coverage premiums, with any remainder
paid as a lump sum, subject to applicable withholding.
III. VOLUNTARY REDUCED WORK HOURS
Concept and Goals
Voluntary reduced work hours give the City the option to consider an employee's request to
voluntarily reduce their hours. The goals are to reduce compensation costs, retain experienced
workers, as well as to facilitate redeployment, reorganization, and other efforts to make more
effective use of the City's human resources.
Basic Provisions
Page 3 of 4
· The voluntary reduced work hours shall not be targeted on the basis of individual or
personal factors.
· The voluntary reduced hours will be subject to the terms and conditions oflabor
agreements as applicable.
· Employees requesting voluntary reduced hours will sign a form indicating that their
decision to participate is entirely voluntary and that they fully understand the restrictions.
· If an employee voluntarily accepts reduced hours, the position will remain authorized as a
full time 40 hour per week position.
· If the City approves the employees' request for voluntarily reduction in work hours, the
employee cannot reinstate the 40 hour work week schedule for one (1) year unless
otherwise approved by the Mayor. Otherwise, the work week will be reinstated to a 40
work week schedule after one (1) year. The City can reinstate the 40 hour work week
schedule at any time when it is in the best interests of the City.
· Upon approval of a reduced work hours schedule, the employee's pay, vacation and sick
leave and other benefits related to hours worked shall be reduced proportionately, except
that the employee's vacation and sick leave will not be reduced if the employee works, on
an annual basis, the equivalent of at least 36 hours per week. Medical, dental and vision
(if applicable) benefits shall not be reduced. The employee's retirement will also be
affected due to the reduction in compensation resulting from the reduction in hours
worked.
R: \Legal\Legal\Ordinances\Finance\ Voluntary Separation and Reduced Work Hours Program-Final.doc
Page 4 of 4
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
'^
&............................m............................a.........m.......................
SUBJECT: Adopt Resolution No. 3oQ1
- Revise Investment Policy to allow the City
to purchase its own taxable bonds issued to
refinance the Gold Mountain Golf Complex.
Committee Meeting Date: September 9,2009
COUNCIL MEETING Date: September 16, 2009
Department: Finance
Presenter: Andy Parks
Phone: 360.473.5722
SUMMARY:
The City Council earlier this year approved the issuance of$5.37 million in taxable long-term bonds
to refinance the City's outstanding bonds. Additionally, the Council authorized staff to purchase and
hold those bonds as investments of the City. The attached policy has been revised to accommodate the
acquisition of the City's bonds. The City's financial advisor drafted the revisions and bond counsel
has reviewed.
ATTACHMENTS: Revised policy with changes noted in boltlttdlwsandshoding.
P.e.So \u..-nOY\ ~ 0 \ 3oC{1
FISCAL IM:PACTS (Include Budgeted Amount): The allowed investments will result in increased
interest earnings City-wide of approximately $1 OOk annually.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA D
GENERAL BUSINESS~
PUBLIC HEARING D
RECOMMENDED MOTION:
I move to adopt Resolution No. 30 q 7
approving the revised investment policy as presented.
COUNCIL ACTION: D Approve 0 Deny 0 Table
o Continue D No Action
RESOLUTION NO. 3oQ7
A RESOLUTION of the City Council of the City of
Bremerton, Washington, Amending a Policy for the Investment of
City Funds as adopted by Resolution 2618.
WHEREAS, the present investment policy of the City was adopted in
1997 pursuant to Resolution 2618; and
WHEREAS, the City Council desires to update the policy to meet changing local
needs in order to provide for sound management of its financial assets; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Bremerton City Council hereby adopts the amended City of
Bremerton Investment Policy providing for the management of its financial assets to read as set
forth in Exhibit A attached hereto and incorporated herein by reference.
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.
day of
PASSED by the City Council ofthe City of Bremerton, Washington this_
,2009.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
City Clerk
R:\Legal\Legal\Resolutions\Finance\2009 Investment Policy. doc
1
Investment Policy
CITY OF BREMERTON INVESTMENT POLICY
FINANCIAL POLICY
INDEX EFFECTIVE DATE: 1986
Cash/Funding APPROVED
1-10-13 REVISED DATE: 10/07 Resolution #
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. "h ) .~ > . ,,>',' .
1. POLICY STATEMENT:
It is the policy of the City of Bremerton to invest public funds in a manner which
will provide the highest investment return with the maximum security while
meeting the daily cash flow demands on the Treasury and conforming to all
Washington statutes governing the investment of public funds.
2. SCOPE:
This investment policy applies to all financial assets of the City. These funds are
accounted for in the City's Annual Financial Report and include:
Funds:
General Fund
Special Revenue Funds
Debt Service Fund
Capital Project Funds
Enterprise Funds
Internal Service Funds
Trust and Agency Funds
Any new fund created by Council
3. PRUDENCE:
Investments shall be made with judgment and care - under circumstances then
prevailing - which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to
be derived.
The standard of prudence to be used by investment officials shall be the "prudent
person" and shall be applied in the context of managing an overall portfolio.
Investment officers acting in accordance with this policy and written procedures
and exercising due diligence shall be relieved of personal responsibility for an
individual security's credit risk or market price changes, provided deviations from
"EXHIBIT A,,"
, '>'"
expectations are reported in a timely fashion and appropriate action is taken to
control adverse developments.
4. OBJECTIVE:
The primary objectives, in priority order, of the City's investment activities shall
be:
SAFETY:
Safety of principal is the foremost objective of the City.
Investments of the City of Bremerton shall be undertaken in a
manner that seeks to ensure the preservation of capital in the
overall portfolio. To attain this objective, diversification is
required in order that potential losses on individual securities do
not exceed the income generated from the remainder of the
portfolio.
LIQUIDITY: The City's investment portfolio will remain sufficiently liquid to
enable the City to meet all operating requirements which might be
reasonably anticipated.
RETURN ON INVESTMENT:
The City's investment portfolio shall be designed with the
objective of attaining a market rate of return throughout budgetary
and economic cycles, consistent with the City's investment risk
constraints and the cash flow characteristics of the portfolio.
LEGALITY:
It is a requirement that City investments will be in compliance with
all statutes governing the investment of public funds in the State of
Washington.
5. DELEGATION OF AUTHORITY:
Management responsibility for the investment program is hereby delegated to the
City Treasurer, who shall establish written procedures for the operation of the
investment program, consistent with this investment policy. The City Treasurer
shall be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials.
6. ETHICS AND CONFLICTS OF INTEREST:
Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial
investment decisions. Employees and investment officials shall disclose to the
Mayor any material financial interests in financial institutions that conduct
business within this jurisdiction, and they shall further disclose any large personal
financial/investment positions that could be related to the performance of the
City's portfolio. Employees and officers shall subordinate their personal
investment transactions to those of the City of Bremerton, particularly with regard
to the time of purchases and sales.
7. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS:
The City Treasurer will maintain a list of financial institutions as required by the
Public Deposit Commission, authorized to provide investment services (RCW
39.58.080). In addition, a list will also be maintained of approved security
broker/dealers, who maintain an office in the State of Washington. These may
include "primary" dealers or regional dealers that qualify under Securities &
Exchange Commission Rule 15C-31 (uniform net capital rule). No public deposit
shall be made except in a qualified public depository in the State of Washington.
If an advisor transacts trades on behalf on the City, the advisor's approved dealer
list is acceptable. The advisor's list of dealer relationships must be provided to
and preapproved by the City and a copy kept on file in the City's records.
8. AUTHORIZED INVESTMENTS:
All municipal corporations in Wlls~ington State, including the City of Bremerton,
are empowered by RCW 35.39.f34 to invest idle cash in the specified types of
securities. The following list includes allowed securities most likely to be
contained in the City's core portfolio
Investment deposits, including certificates of deposit, with qualified public
depositories as defined in Chapter 39.58 RCW.
Certificates, notes, or bonds ofthe United States, or other obligations of the
United States or its agencies, or of any corporation wholly owned by the
government ofthe United States.
Obligations of government-sponsored corporations which a,re eligible as
collateral for advances to member banks as determined by the Board of
Governors of the Federal Reserve System.
Banker's acceptances purchased on the secondary market.
Repurchase agreements for securities listed in 2,3, and 4 above, provided that
the transaction is structured so that the City of Bremerton obtains control over
the underlying securities and a Master Repurchase Agreement has been signed
with the bank or dealer.
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9. INVESTMENT POOLS/MUTUAL FUNDS:
The City is allowed to invest in the Washington State Local Government
Investment Pool. The City is restricted to invest in mutual funds by State
Statute, with the exception of funds that are subject to arbitrage provisions of
section 148 of the federal internal revenue code.
10. COLLATERALIZATION:
The City does not actively invest in repurchase agreements for short term
investments. However, if a repurchase agreement is utilized, collateralization
is required. In order to anticipate market changes and provide a level of
security for all funds, the collateralization level will be (102%) of market
value of principal and accrued interest.
Collateral shall be limited to Treasury and Government Sponsored Enterprise
Agency securities only, with a maximum maturity of three years.
Collateral will always be held by an independent third party with whom the
entity has a current custodial agreement. A clearly marked evidence of
ownership (safekeeping receipt) must be supplied to the entity and retained.
11. SAFEKEEPING AND CUSTODY:
All security transactions, including collateral for repurchase agreements,
entered into by the City of Bremerton shall be conducted on a delivery-versus-
payment (DVP) basis. Securities will be held by a third party custodian
designated by the City Treasurer.
12. DIVERSIFICATION:
The City will diversify its investments by security type and institution. With the
exception of U.S. Treasury securities and the State Investment Pool, no more than
30% of the City's total investment portfolio will be invested in a single security
type or with a single financial institution.
13 . MATURITIES:
To the extent possible, the City will attempt to match its investments with
anticipated cash flow requirements. Unless matched to a specific cash flow, the
City ~~, will not directly invest in securities maturing more than five years
from the date of purchase.
The average maturity of the total portfolio will be restricted to a weighted average
maturity of ~ Years. Pri:vt';'s1; ~~izr~
14. INTERNAL CONTROL:
The City Treasurer shall establish a process of independent review by an external
auditor. This review will provide internal control by assuring that policies and
procedures are being complied with. Such review may also result in
recommendations to change operating procedures to improve internal control.
15. EXTERNAL CONTROL:
The City Treasurer may hire an investment advisor to provide strategy, reporting,
competitive pricing and overall oversight of the investment process but the City
Treasurer will retain and make all decisions as to transaction actually executed.
16. PERFORMANCE STANDARDS:
The City of Bremerton investment portfolio will be designed with the objective of
obtaining a market average rate of return throughout budgetary and economic
cycles, commensurate with the City's investment risk constraints and cash flow
needs.
Overall Portfolio Benchmark: The City's investment strategy is passive.
Given this strategy, the returns of the overall portfolio will be compared to the
State Local Government Investment Pool.
Excess Liquidity Portfolio (Core Fund) Benchmark: A market benchmark
will be established based on Treasury se~urities with maturities of 0-3 years to
manage the investments in the portfolio that consist of open market securities.
This will ensure that the appropriate risk and return characteristics of the
portfolio are consistent with the City's expectations.
17. REPORTING:
The City Treasurer shall provide to the Mayor and City Council monthly
investment reports which provide a clear picture of the status of the current
investment portfolio. The management report may include comments on the fixed
income markets and economic conditions, discussions regarding restrictions on
percentage of investment by categories, possible changes in the portfolio structure
going forward and thoughts on investment strategies.
Schedules in the monthly report should include the following:
A listing of individual securities held at the end of the reporting period.
Anticipated maturity and final maturity of all investment holdings.
Coupon, discount or earnings rate.
Par value, amortized book value and market value.
18. INVESTMENT POLICY ADOPTION:
The City of Bremerton investment policy shall be adopted by resolution of the
City Council. The policy shall be reviewed on an annual basis by the Finance
Committee and any modifications made thereto must be approved by the City
Council.