HomeMy WebLinkAbout05/18/2011 AGENDA �I s;
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
MAY 18, 2011
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 — May 4, 2011
C Minutes of Study Session — May 11, 2011
D Ordinance No 5150 amending Section 2 09 040 of the Bremerton Municipal Code (BMC)
entitled "Office of the City Clerk — Duties" to appoint a temporary Deputy City Clerk in
absence of City Clerk
E Lease - Purchase Agreement for 9 Toro Mowers for maintenance of Gold Mountain Golf
r Complex
F License Agreement with Bremerton Farmer's Market for use of a portion of Evergreen
Rotary Park
G Grant Agreement with the Washington State Department of Ecology for Matan Park LID
Improvements (Retrofit Project) constructed by Washington Conservation Corps (WCC)
H Resolution No 3145 amending Rate Table H related to production, rental, and
membership rates and fees for Bremerton Kitsap Access Television (BKAT)
6 PUBLIC HEARINGS
A Public Hearing and Ordinance No 5149 to vacate an Alley for Olympic College between
13" & 15 Streets, West of Warren Avenue
B Public Hearing and Resolution No 3142 adopting the 2012 City of Bremerton / Kitsap
County CDBG /HOME Coordinated Grant Application
C Public Hearing and Resolution No 3143 adopting the amended 2012 City of Bremerton /
Kitsap County CDBG /HOME Citizen Participation Plan
D Public Hearing and Resolution No 3144 adopting the 2012 City of Bremerton / Kitsap
County CDBG /HOME Policy Plan
Continued on back...
® Americans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting
7 GENERAL BUSINESS
A Real Estate Purchase and Sale Agreements between the City of Bremerton (Seller) and
BREMERTON CINEMA, LLC (Buyer) for the Park Avenue Plaza cinema air space consisting
of 30,500± sq ft
B Lease Agreement with BREMERTON CINEMA, LLC for parking spaces in the Park Avenue
Plaza Garage
C Resolution No 3146 authorizing an Interfund Loan to the General Fund from the
Equipment Rental Reserve Fund, and approving a Budget Adjustment to the General
Fund
8 COUNCIL MEMBER REPORTS
9 EXECUTIVE SESSION - The Council will convene for a 15- minute Executive Session to
discuss Pending Litigation per RCW 42 30 110(1)(i) No action is anticipated
10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requmng special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting
BREMERTON CITY COUNCIL
MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
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AGENDA BILL
CITY OF BREMERTON 5
CITY COUNCIL
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SUBJECT: Claims & Check Register Study Session Date
COUNCIL MEETING Date May 18, 2011
Department Financial Services
Presenter Cathy Johnson
Phone 473 -5296
SUMMARY: Consent Agenda dem Approval of checks and electronic fund transfers
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount)
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
1) Check #'s 343050 through 34325; land EFT's 10869 through 10903 in the amount of
$2,077,035 79
2) Regular Payroll for the pay period ending May 15, 2011 in the amount of $714,022 80
STUDY SESSION ACTION: ❑ Cons t Age Ja ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: Approve ❑ Deny 1 0 Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: City Council Meeting Minutes
for Meeting of COUNCIL MEETING Date: Mlay 18 ,ZV
M QL 4, .2011 Department — City Council
Presenter: Will Maupin, President
Phone: (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS:
COUNCIL PRESIDENT. CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
May 4, 2011
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, May 4, 2011, at 5 00 PM, with Council President Will Maupin presiding
Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy
Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was
present to provide staff support
A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council
Conference Room At 5 30 PM the meeting moved to the Meeting Chambers
The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation
provided by Reverend Debbie Little of First Christian Church
MAYOR'S REPORT — Mayor Lent
• Proclaimed Saturday, May 21, 2011 as "National Kids to Parks Day" and provided the
proclamation to Jeff Elevado from the City's Parks & Recreation Department,
• Reported on the very successful YMCA Healthy Kid's Day,
• Announced that the Bremerton Farmers Market's Opening Day will be tomorrow, and then held
every Thursday from 4 00 to 7 00 PM until October 13 at Evergreen Park,
• Proclaimed Saturday, May 14, 2011 as "Freedom Fund Day" [later in the meeting the
proclamation was provided to Alyce Eagans of the Bremerton Branch of the NAACP, Unit 1134,
who announced that tickets are still available for the upcoming Freed Fund Banquet],
• Announced the West Sound Spring Tea & Fashion Show will be held on Saturday, May 7 from
1 00 to 3 00 PM at the Kitsap Conference Center,
• Proclaimed the Week of May 1 to 7, 2011 as "City Clerks Week" and provided the
proclamation to Bremerton City Clerk Carol Etqen
• Presented an Mayor's Employee Appreciation Award to Theresa Ewing Municipal Court
Administrator, and thanked her for her service to the City as Municipal Court Manager and
wished her well in her new position with the City of Tacoma,
• Presented a Mayor's Appreciation Award to members of the Kitsap Poggie Club and discussed
the recent Poggie Club Kids Fishing Day that was attended by over 500 kids Thanks were also
provided to City Forestry Manager Bill McKinney for his assistance in the annual event;
• Enjoyed her time at View Ridge Elementary School and participating with the students in their
financial literacy program,
• Proclaimed the Week of May 15 to 21, 2001 as "Public Works Week" and provided the
proclamation to Vincent Akhimie who accepted on behalf of the Public Works staff,
• Invited the community to the first home game for the Puma's Soccer Club on Sunday, May 8,
• Proclaimed the Week of May 1 to 7, 2011 as "Youth Week" and noted that she will be providing
the proclamation to members of Elks Lodge No 1181,
• Invited Jerry McDonald who discussed the "Discover Bremerton" tour for hotel concierges from
Seattle, and
• Proclaimed Tuesday, May 17, 2011 as "Norwegian Constitution Day ", and briefly discussed
the history of Our Saviour's Lutheran Church
PUBLIC RECOGNITION
Kimberly Faulkner President of the Bremerton Food Line, discussed the U S Postal Service food drive
taking place on Saturday, May 14, and encouraged the public to donate items for local families in need
Katrina Folkerson Bremerton Tennis & Swim Club, invited the public to the Zumba & Fiesta Party
tomorrow at the club, and was excited to announce the club would be an exhibitor and also hosting a
booth over the weekend at the Women's Today Show at the Kitsap Pavilion
City Council Meeting Minutes
Wednesday, May 4, 2011
Page 2 of 5
Mike Walton Marketing Director of the YMCA, announced the activities taking place this month
including a Mother's Day Tea and Military Date Night on May 7, Teen Late Night every Friday, Splash &
Jam on May 21, and the first ever YMCA Ping -Pong Tournament on Saturday, May 28
Raven Rayne thanked Council Member Greg Wheeler for hosting the District 5 Neighborhood Meeting
last night, and also thanked Nick Wofford for discussing the proposed $20 license tab fee As a realtor
in downtown Bremerton, she organized a gathering to discuss community issues on the second Tuesday
of each month from 6 00 to 8 00 PM [except the group will meet the 3` Tuesday this month] at the
downtown Windermere Real Estate office
H. Emily Moshay announced that the Amy Burnett Gallery will be celebrating its 20 year anniversary
this month, and encouraged citizens to attend the First Friday Art Walk this week
Becky Hasart expanded on the concierge tour to promote Bremerton and recognized all of the
businesses that were making monetary donations to fund this event, added that the Downtown Business
Association and Bremerton Area Chamber of Commerce are splitting the ferry costs for the concierges,
that the Admiral Theatre and Bremerton Neighborhood Grill will be hosting events that evening, and
thanked Jerry McDonald for bringing this tour together
CONSENT AGENDA
A Check Numbers 342721 through 343049, and EFT -10810 through EFT -10868 in the amount of
$2,108,191 05, Regular Payroll for the pay period ending April 30, 2011 in the amount of
$700,380 94, Regular Payroll payout for the pay period ending April 15, 2011 in the amount of
$39,946 61, and Retiree Payroll for the pay period ending April 30, 2011 in the amount of
$81,37244
B Minutes of Meeting — April 20, 2011
C Minutes of Study Session — April 27, 2011
D Approve Contract Amendment to the Interlocal Agreement with Kitsap County for Public Access
Television (BKAT) Funding
E Resolution No 3140 to establish June 15, 2011 as a Hearing Date to vacate a portion of the alley
between Werner Road, Monroe Street, Blumer Street, and Auto Center Boulevard
F Purchase of 12 5% Bulk Sodium Hypochlorite Solution from Olin Chlor Alkali Products for the
Westside Wastewater Treatment
G Acceptance of Transportation Improvement Board (TIB) Grant for Reconstruction of Lower Wheaton
Way from Lebo Boulevard to the Manette Bridge
H Amendment of 2011 Budget to include the transfer of balances from Fund 101 Arterial Streets and
Fund 481 Stormwater Utility, and creating Fund 131 Lower Wheaton Way Reconstruction
I Resolution No 3141 updating Financial Policy 1 -10 -04 regarding the "Approval and Allocation of
Grant Funds"
Doris Carender referring to Item H, read comments into the record to express her concerns about what
she fears is a lack of fiduciary responsibility by the City Becky Hasart Finance Director, responded
that the transfer from Arterial Streets was a budgeted item, that additional efficiencies and cost savings
found within Stormwater yielded a higher fund balance which made up for the rest of the funding needed
for the Lower Wheaton Way Reconstruction Project, and emphasized that no vital services are being
impacted by this transfer Adam Brockus commented on the 2007 rainstorm that washed out a portion
of Lower Wheaton Way and pointed out that this project will decrease future flooding as well as improve
pedestrian access in that area
City Council Meeting Minutes
Wednesday, May 4, 2011
Page 3 of 5
06:25:30 M /S /C /U (Runyon /Robinson) Move to approve the CONSENT AGENDA as presented
GENERAL BUSINESS
6A — PURCHASE AND SALE AGREEMENT FOR ANDERSON COVE PROPERTY LOCATED AT 2320
1 9TH STREET, AND OWNED BY ALAN G. CADY AND CARLA M. CADY Vincent Akhimie Public
Works & Utilities Director, summarized that Alan G Cady and Carla M Cady own 0 62 acre of property
located at 2320 19` Street that City staff proposes to purchase to provide storm water infiltration for the
65 acre Anderson Cove basin and provide waterfront recreation access for the adjoining neighborhood
The purchase price of $330,000 is identical to the appraised value Parametnx consultants completed
an environmental review of the property on April 20, 2011 This acquisition is 100% funded by
Department of Ecology Storm Water Retrofit and Low Impact Development Grant G1100226 approved
by City Council in 2010
There were no comments from the public
06:29:50 Motion to approve purchase and sale agreement was made by Robinson, and seconded by
Wheeler, Discussion was then open to the Council
Roy Runyon provided his comments in support of the agreement and asked why the City should
purchase this parcel Mr. Akhimie verified that the project will allow for some landscaping and much
needed stormwater improvements
Jim McDonald pointed out that a grant was funding this project, in the long run, this project will reduce
costs to the City, and was continually impressed with the Public Works staff for seeking and obtaining
these types of grants
Carol Arends said this was a very beautiful area of the City that has been neglected and was happy to
see that these improvements can now take place which are long over due
Dianne Robinson said the greatest thing is that this project is taking place with no cost to the City
Nick Wofford believed that this project will be the beginning for a turnaround for the Anderson Cove
area
Greg Wheeler commented on a past survey he had taken on priorities which included Anderson Cove,
and offered his full support
06:40:10 M /S /C /U (Robmson/Wheeler)Move to approve the purchase and sale agreement for the
purchase of the Anderson Cove property owned by Alan G Cady and Carla M Cady in the amount of
$330,000, and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented
6B — RESOLUTION NO. 3139 SETTING FORTH AMENDMENTS TO THE BREMERTON CITY
CHARTER FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8 2011 GENERAL ELECTION
TO REDUCE THE SIZE OF THE CITY COUCNIL FROM 9 TO 7, AND OTHER RELATED CHANGES
Continued from April 20... City Attorney, Roper Lubovich explained that the City Council is proposing
charter amendments for the submission to registered voters at the general election on November 8,
2011 to reduce the size of the City Council from 9 Council Members to 7 Council Members and to make
other related changes He also explained that whether or not the charter amendment passes during the
General Election, data from the Census will be factored in to redraw the district boundaries as
appropriate
Jeff Kerneen reiterated his previous comments in support of placing this initiative on the ballot for the
citizens to decide what form of government the City should have
City Council Meeting Minutes
Wednesday, May 4, 2011
Page 4of5
H. Emily Moshay encouraged the Council to support this action, and was excited about future
candidates for office
Kimberly Faulkner had mixed feelings about this issue, and felt that by reducing the number of Council,
there is the possibility that an extra burden will be placed on the remaining members
The motion was made at the April 20 Council Meeting to approve Resolution No 3139 by Wheeler, and
seconded by Brockus
Discussion was opened to the Council Comments were reiterated and summarized from April 20
Jim McDonald believed that putting this decision on the ballot is appropriate
Cecil McConnell agreed that while people should be able to vote on the size of the Council, this
particular issue was not brought forward by the citizens via initiative, and further dismissed the idea that
cost savings and reduction of workload are key factors in the move to reducing Council
Adam Brockus added that the response at a recent district meeting was split, but all agreed that the
people should be able to decide what kind of representation they want for Bremerton
Roy Runyon challenged the citizens that if this initiative passes, to step up and participate more in their
City government to ease the burden
Greg Wheeler stated that this is an opportunity to update district boundaries with the new Census data
and a move to be more efficient and effective government
Dianne Robinson also has not heard a push from her constituents to reduce the size of the Council, but
did acknowledge that there would be a cost savings, and encouraged each Council Member to do a
survey of his /her district to see if this is change is needed
Carol Arends echoed that there has been very little public comment on reducing the Council, pointed
out that there can be problems associated with a Council that is too small and therefore has mixed
feelings about the issue
Nick Wofford supported efficiency in government but also recognized that having more feedback in
discussion can be beneficial in the decision making process, and while he did not agree with reducing
Council, he did agree that the people should have an opportunity to decide
Will Maupin believed that we should make government more efficient even if the citizens have not yet
called for it, pointed out that there will be cost savings in staff time and materials by having fewer Council
Members, and saw this as an opportunity to make a real change for the City
07:09:30 M /S /C /U (Wheeler /Brockus) Move to approve Resolution No 3139 setting forth amendments
to the City Charter for submission to the voters of the City of Bremerton at the General Election to be
held November 8, 2011
COUNCIL MEMBER REPORTS
Jim McDonald mentioned that the Kitsap 9/11 Memorial Committee will be very active in the month of
May, including plans to present the final design proposal, and read a letter from the Puget
Soundkeepers Alliance that commended the City of Bremerton as a leader in stormwater improvements
Cecil McConnell invited the public to come out to Tucker's at the Gold Mountain Golf Complex for a
Mother's Day Brunch this Sunday, May 8 from 9 00 AM to 3 00 PM
City Council Meeting Minutes
Wednesday, May 4, 2011
Page 5 of 5
Adam Brockus announced that the closing of the Manette Bridge will be taking place from late July to
mid- October, but Manette Fest will still be held on Saturday, September 10
Roy Runyon announced as part of the First Friday Art Walk on May 6, there will be a Ribbon Cutting
Ceremony for the new exhibit "Made for Walkin "' beginning at 6 00 PM at the Kitsap Historical Museum
located at 480 4 th Street He also looks forward to the Armed Forces Day Festival on May 21 and the
Kitsap Harbor Festival from May 27 through 30
Grea Wheeler thanked Council Member Wofford for attending his District 5 Neighborhood Meeting last
night to discuss the proposal for a $20 car tab fee, and thanked other fellow Council Members who
attended, extended his thoughts and prayers to the loved ones of the young woman who tragically lost
her life last evening, and informed citizens that Andy Oakley can be reached at (360) 473 -5231 and as
the City's Resource Officer he can assist with Neighborhood Block Watch Programs
Dianne Robinson reported on her attendance at the Local Integrating Organization (LIO) Scoping
Meeting and Block Watch Captains Meeting this past week, announced that the Kitsap County Health
District and Salvation Army will be hosting a Women's Health Screening event on May 10 from 9 00 AM
to 3 45 PM in the Salvation Army parking lot located at 832 6 th Street, postal workers will be picking up
canned food items left at mail boxes on Saturday, May 14 for the Annual "Help Stamp Out Hunger" Food
Drive, Bremerton will be celebrating Clean Water Week from May 1 to 7, encouraged people to attend
the Community Frameworks Activate Bremerton Workshops which will be held from 5 30 to 8 30 PM at
Olympic College on May 12, May 26, and June 9, and looked forward to the NAACP Freedom Fund
Banquet on Saturday, May 14
Carol Arends reiterated information about several events taking place as part of the First Friday Art
Walk event this week, including the monthly show at the Collective Visions Gallery, and encouraged
citizens to come and participate
Nick Wofford was pleased to see examples tonight of volunteers in action and specifically thanked Jerry
McDonald for the concierge tour program he has put together
Will Maupin participated in a ferry tourism meeting with Jerry McDonald and found it interesting that
each of the cities was set up at their own table where they participated in an exercise that listed all the
things to do in their cities, and that Bremerton's list filled up the board, and the surrounding walla
President Maupin adjourned the Council Meeting at 7 32 PM
Presared and Submitted by
LO I SMITH
Legislative Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: City Council Meeting Minutes
for Meeting of COUNCIL MEETING Date M a y I S 2 (1
may I I ' � (I Department: City Council
Presenter: Will Maupin, President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS:
COUNCIL PRESIDENT 10. 0 CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
May 11, 2011
A Study Session 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 6` Street, Bremerton,
Washington, Wednesday, May 11, 2011, at 5 00 PM, with Council President Will Maupin presiding
Council Members present were Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam
Brockus, Cecil McConnell, and Jim McDonald Council Member Nick Wofford was absent Legislative
Assistant Lori Smith was present to provide staff support
President Maupin 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 May 18, 2011 Council Meeting
Agenda
1 Proposed Public Hearing and Ordinance to vacate an Alley for Olympic College between 13
& 15 Streets, West of Warren Avenue — Gunnar Fridrlksson, Civil Engineer, Public Works &
Utilities, and Jim McDonald, Public Works Committee Chair Public Hearing
2 Ordinance to amend Section 2 09 040 of the Bremerton Municipal Code (BMC) entitled "Office
of the City Clerk — Duties" to appoint a temporary Deputy City Clerk in absence of City Clerk —
Carol Etgen, City Clerk, and Nick Wofford, Finance Committee Chair Consent Agenda
3 Lease Purchase Agreement for 9 Toro Mowers for maintenance of Gold Mountain Golf
Complex — Jeff Elevado, Parks & Recreation Department, and Jim McDonald, Public Safety
and Parks Committee Chair Consent Agenda
4 License Agreement with Bremerton Farmer's Market for use of a portion of Evergreen Rotary
Park — Jeff Elevado, Parks & Recreation Department, and Jim McDonald, Public Safety and
Parks Committee Chair Consent Agenda
5 Grant Agreement with the Washington State Department of Ecology for Matan Park LID
Improvements (Retrofit Project) constructed by Washington Conservation Corps (WCC) —
Colette Berna, Parks & Recreation Department, and Jim McDonald, Public Safety and Parks
Committee Chair Consent Agenda
B EXECUTIVE SESSION - The Council convened for a 30- minute Executive Session to discuss
Potential Litigation and Pending Litigation per RCW 42 30 110(1)(1)
05:48:00 Motion to approve the Settlement Agreement was made by McDonald, and seconded by
Arends
President Maupin asked if any member of the public had a question or comment
Bob Dollar asked why the City was "giving money away"
President Maua►n opened discussion to the Council
Mr. Maupin summarized that the $1 15 million Settlement Agreement was in lieu of going to
court, where the City risked being responsible for the full $2- million
Roger Lubovich City Attorney, added that if the City went to court and lost, there was not only a
risk of owing the full $2- million, but interest and attorney fees would be added as well
4
City Council Study Session Minutes
Wednesday, May 11, 2011
Page 2 of 3
After further comments were made by the Council, the vote was taken
05:52:00 M /S /C (McDonald / Arends) Move to approve the proposed Settlement Agreement with
Kitsap County and Housing Kitsap authorizing payment to Housing Kitsap in the amount of
$1,150,000 00 no later than June 1, 2011 in full settlement of the County and Housing Kitsap's
claim against the City under the City Contingent Loan Agreement, and authorize the Mayor to
finalize and execute the settlement agreement with substantially the same terms and conditions
as presented
Voted in favor of Motion McDonald, Brockus, Runyon, Wheeler, Robinson, Arends, Maupin
Voted against Motion McConnell
Motion carried 7 -Yes, 1 -No
C FULL DISCUSSION ITEMS
6 Proposed Public Hearing and Resolution to adopt the 2012 City of Bremerton / Kitsap County
CDBG /HOME Coordinated Grant Application — Marie Vila, Block Grant Administrator, Doug
McIntyre, Block Grant Coordinator, and Greg Wheeler, Planning Committee Chair Public
Hearing
7 Proposed Public Hearing and Resolution to adopt the amended 2012 City of Bremerton /
Kitsap County CDBG /HOME Citizen Participation Plan — Marie Vila, Block Grant
Administrator, Doug McIntyre, Block Grant Coordinator, and Greg Wheeler, Planning
Committee Chair Public Hearing
8 Proposed Public Hearing and Resolution to adopt the 2012 City of Bremerton / Kitsap County
CDBG /HOME Policy Plan — Marie Vila, Block Grant Administrator, Doug McIntyre, Block
Grant Coordinator, and Greg Wheeler, Planning Committee Chair Public Hearing
9 Resolution to amend Rate Table H related to production, rental, and membership rates and
fees for Bremerton Kitsap Access Television (BKAT) — Charleen Burnette, BKAT, Becky
Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair Consent
Agenda
President Maupin recessed the meeting for a break from 6 45 to 6 55 PM
10 Real Estate Purchase and Sale Agreements between the City of Bremerton (Seller) and
BREMERTON CINEMA, LLC (Buyer) for the Park Avenue Plaza cinema air space consisting of
30,500sq ft — Gary Sexton, Redevelopment Projects Administrator, Becky Hasart, Financial
Services Director, and Nick Wofford, Finance Committee Chair General Business
11 Lease Agreement with BREMERTON CINEMA, LLC for parking spaces in the Park Avenue Plaza
Garage — Gary Sexton, Redevelopment Projects Administrator, Becky Hasart, Financial
Services Director, and Nick Wofford, Finance Committee Chair General Business
12 Briefing on "Response to Request for Proposal (RFP) for management of City of Bremerton's
Parking Management Services — Gary Sexton, Redevelopment Projects Administrator, Becky
Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair (Information
only )
D GENERAL COUNCIL BUSINESS
Mr. Brockus provided a brief update on legislative action related to the Bremerton Ferries.
City Council Study Session Minutes
Wednesday, May 11, 2011
Page 3of3
President Mauain adjourned the Study Session at 8 15 PM
Prepared and Submitted by
LORI SMITH
Legislative Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 51)
SUBJECT: Ordinance No 515 Study Session Date: May 11, 2011
Amending Section 2.09.040 re Temporary COUNCIL MEETING Date. May 18, 2011
Appointment of Deputy City Cleric in Department: Financial Services
Absence of City Clerk Presenter: Carol Etgen
Phone 473 -5323
SUMMARY: The Deputy City Clerk's position has remained unfilled due to budget constraints. If the
City Cleric is absent due to vacation or an unforeseen reason, it is necessary to appoint a Deputy City
Cleric to temporarily fulfill the duties of the City Cleric, allowing for signature authority and to carry out
the statutory obligations of the position.
ATTACHMENTS: Draft Ordinance No. 6 1 5 0
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR `
CITY ATTORNEY:
FINANCE DIRECTOR:
RECOMMENDED MOTION:
Move to pass Ordinance No. 5 i5 0 amending Section 2 09.040 of the Bremerton Municipal
Code entitled "Office of the City Clerk — Duties."
STUDY SESSION ACTION: Co nit Agenda, ❑ General Business E] Public Hearing
COUNCIL PRESIDENT 4K ��� -
\1 4�pr
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Aeon
Form Updated 411=011
ORDINANCE NO. 5 1 5 D
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, amending Section 2 09 040 of
the Bremerton Municipal Code entitled "Office of the City
Clerk — Duties "
WHEREAS, the City Council desires to amend Section 2 09 040 of the
Bremerton Municipal Code to provide for the appointment of one or more Deputy City
Clerks as needed to fulfill the duties of the City Clerk during his or her absence, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Section 2 09 040 of the Bremerton Municipal Code entitled
"Office of the City Clerk - Duties" is hereby amended to read as follows
2.09.040 OFFICE OF THE CITY CLERK CREATED - DUTIES.
There is hereby created the Office of the City Clerk for the purpose of performing
all records management functions of the City The division shall be managed by the City
Clerk It shall be the duty of the City Clerk to act as the official records keeper of the City
and in such capacity shall perform those duties as required by the laws of the state, City
Charter or City Code
The City Clerk shall perform such other duties as the Mayor or the Director of
Financial Services may direct or as may be required by law The City Clerk is authorized
to appoint one or more Deputy City Clerks as needed to fulfill the duties of the Cites
during his or her absence
SECTION 2. Severability If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of tlus 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 , 2011
WILL MAUPIN, Council President
1 City Clerk —Appointment
of Deputy City Clerk
Approved this day of , 2011
PATTY LENT, Mayor
ATTEST APPROVED AS TO FORM
CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney
PUBLISHED the day of , 2011
EFFECTIVE the day of , 2011
ORDINANCE NO
R \Legal \Legal \Ordmances\Fmance\Deputy City Clerk Appointment doc
2 City Clerk —Appointment
of Deputy City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL SE
SUBJECT: Lease - Purchase Agreement Study Session Date May 11, 2011
for nine (9) Toro mowers for COUNCIL MEETING Date May 18, 2011
maintenance of the Gold Mountain Golf Department Parks & Recreation
Complex Presenter Jeff Elevado
Phone 473 -5428
SUMMARY:
The City's current fleet of Toro greens and fairway mowers, necessary to maintain the Gold Mountain
Golf Complex, has exceeded their service life and are budgeted for replacement in 2011 The City
has an existing Toro replacement part and attachment inventory with a value in excess of $50,000
that can be used with the proposed equipment The preferred local distributor and equipment is
listed on the State of Washington State Bid Contract No 08506
ATTACHMENTS:
1) Lease - Purchase Agreement
2) Exhibit A — Western Equipment Distributors, Inc Proposal
3) Exhibit B — State of Washington, State Contract No 08506 Summary
FISCAL IMPACTS (Include Budgeted Amount)
This Lease - Purchase will require an annual payment of $65,542 36 per year for five (5) years Total
Cost $327,71180 with a $100 buyout option at the end of the Lease
Funds are budgeted in the Golf Capital Fund
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY ..►
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to approve the purchase of nine (9) Toro mowers through Washington State Contract
No 08506 and authorize the Mayor to finalize and execute the Lease - Purchase Agreement with
TCF Equipment Finance, Inc with substantially the same terms and conditions as presented
STUDY SESSION ACTION: Cons t Agenda ❑ General Business E] Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny Ta le ❑ Continue
❑ No Action
Form Updated 4/18/2011
1
1UF
EQLIFIiFhTFMVCE
LEASE - PURCHASE AGRF.FMFNT NO.
This LEASE - PURCHASE AGREEMENT ( "Lease ") is made and entered into as of by and between
TCF Equipment Finance, Inc, 11100 Wayzata Boulevard, Suite 801, Minnetonka, ' sota 55305 (herein called
"Lessor ") and , ( herem called " ee "), wbmem it is agreed as
follows
1 LEASE OF PROPERTY. Subject to the terms and conditions hereof, Less to leas essee and
Lessee agrees to lease from Lessor all the property described on Exhibit A hereto. The of p described in
Exhibit A, together with all replacement parts, repairs, additions and sones incorporat r affixed thereto
shall herein collectively be called the "Property " Lessee authorizes L i add to any Prop e escription, or make
necessary corrections to, any serial numbers or other identification o Pro when kno
2 ACCEPTANCE; TERM. Lessee shall exec at ' d de LL to eipt certificate ( "Receipt
Certificate ") in the form attached hereto as Exhibit B ch shall i to that th perty has been accepted for use
by Lessee and is satisfactory to Lessee for all purposes ease become effective upon the execution hereof by
Lessee and Lessor, and shall terminate upon paym 4 Les last Rental Payment required to be made by it in
accordance with Exhibit C thereto (the "Lease T ,I ss or terminated earlier pursuant to Sections 5, 15 or
21 hereof
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3 RENT. Lessee agrees to pa sor or ass the rental payments ( "Rental Payments ") in the
amounts and at the times as set forth ' b Pa en ts shall be due Monthly commencing on the First
Payment Date shown on Exhibit C and con g date of each [* *ENTER month/yr * *] thereafter until fully
paid unless terminated earlier uant to Sect n 15 o ereof Lessee authorizes Lessor to fill in the First Payment
Date on Exhibit C based on at Lessor ' urses funds to the Vendor (as defined below) based on receipt of an
executed Receipt Certificate A po o of each Rental Payment is paid as and represents the payment of
interest as set forth in Exhibit e R y is will be payable for the Lease Term in dollars (U S ), without notice
or demand at the office of Lesso o } c other p e as Lessor or its assignee may designate from time to time in writing)
In the event an n by Less - reorder is received by Lessor or its assignee later than ten (10) days from the due
date, Lessee pay Lessor on d d as a late fee, computed at the rate of up to ten per cent (10 %) of such overdue
amount, . how e j " m �' um amount allowed by law EXCEPT AS SPECIFICALLY PROVIDED IN
SECTION , - PAYMENTS WILL BE ABSOLUTE AND UNCONDITIONAL IN ALL
EVENTS NOT SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR
RECOUPMENT FOR ANY SON WHATSOEVER. Lessor may terminate this Lease at any time prior to receipt of
Lessee's Receipt C under if Lessor determines in its sole discretion that (1) any written representation made to
it by Lessee proves to ' e been false or misleading in any material respect when made, (u) subsequent to the making of
any such representation there has occurred a material change such that any such representation as made is not true and
correct, (in) any event which would constitute a default under the Lease has occurred, or (1v) there has been a substantial
and material change in Lessee's financial condition or operations which has a material adverse effect on Lessee's
creditworthiness
4 DELIVERY; PAYMENT OF PROPERTY COST; COSTS. The Property will be delivered to Lessee by the
supplier thereof (the "Vendor ") at Lessee's address above or such other location specified in Exhibit A (the "Property
Location ") Lessee shall promptly pay all costs, charges, expenses and obligations of every kind and nature incurred by or
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M= Lease v 0114 11 161336 M
on behalf of Lessor regarding the importation, shipment, delivery, possession, use, lease, tax treatment, return,
repossession, storage and transfer of any item of Property Upon Lessor's receipt of the Receipt Certificate for the Property
and any other documentation required by Lessor, Lessor will pay or cause to be paid the costs of such Property to the
Vendor therefor In addition, Lessee agrees to pay Lessor a fee, in an amount determined by Lessor, not to exceed the
maximum amount from time to tune permitted by applicable law, for any check or automatic payment withdrawal request
that is returned to Lessor because of insufficient funds available in Lessee's account or a stop payment If Lessor, in its
discretion, pays any tax, fee, charge or other amount described in this paragraph, Lessee shall reimburse Lessor therefor on
demand, together with Lessor's administrative and other costs of paying and invoicing such am unts and, if Lessee fails to
pay Lessor any such amount within ten (10) days of such demand, Lessee shall pay interest n until paid at the rate of
18% per annum or the maximum rate allowable by law, whichever is less
5 TERMINATION FOR GOVERNMENTAL NON - APPROPRIATION s � "s L all not constitute an
indebtedness of Lessee within the meaning of any constitutional or statutory lmutation a er, form w, amount of
indebtedness that may be incurred by Lessee Lessee is a political subdivisi 3 agency 4 e State of
with Lessee's fiscal year ending on of each Galen ear essee does not
appropriate sufficient funds to continue making the Rental Payments ed under this as o of Lessee's fiscal
years subsequent to the one in which the Lease is executed, then this Leas b be terminated eff a upon expiration of
the last fiscal year in which sufficient funds to pay Lessee's obhga de Lease w ropriated by Lessee and
Lessee shall not, in this sole event, be obligated to make any is d and s scat year Lessee warrants
that the necessary fronds shall have been appropriated for all Rental ents d � e's current fiscal year Lessee
reasonably believes that funds can be obtained sufficient a all Re _ Payments g the Lease Term The officer
of Lessee responsible for budget preparation will do all la within his/her power to obtain, maintain and
properly request and pursue funds from which the Pa ay be made, including making provisions for such
payments to the extent necessary in each budget su for ose of obtaining funding, using lus/her bona fide
best efforts to have such portion of the budget approv 3 aus '" 1 available administrative reviews and appeals in
the event such portion of the budget is not approved es all Lessor immediate notice of Lessee's intent to
terminate tlus Lease under this Section notice s con a termination date (which shall be the end of the last
of Lessee`s fiscal years for which approp y e R 1 Pay is were made) (the "Termination Date ") and Lessee
shall comply with the provisions of Secti on the event of an early termination of this Lease under this
Section, all obligations of Less to make Re n en ch would otherwise be due hereunder after the Termination
Date shall cease
6 LESSOR DISCL F W LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO THE CO ITION, AB TY OR FITNESS FOR A PARTICULAR PURPOSE OF, THE
ABSENCE OF I OF GEMENT OR THE LIKE WITH RESPECT TO, OR ANY OTHER MATTER
CON PROPER EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES OR ANY OTHER
WARRANT 1MPL ESSOR MAKES NO WARRANTIES WITH RESPECT TO ANY PATENT,
COPYRIGH NAME OR TITLE RELATING TO THE PROPERTY OR LESSEE'S RIGHTS
TO ANY S V TELLE PROPERTY LESSEE HEREBY WAIVES ANY CLAIM IT MIGHT HAVE
AGAINST LESSOR FOR z LOSS, DAMAGE OR EXPENSE CAUSED BY THE PROPERTY OR BY ANY
DEFECT THERE g USE OR MAINTENANCE OF, OR SERVICING OR ADJUSTMENT TO, THE
PROPERTY AND, A LESSOR, LEASES THE PROPERTY AS -IS AND WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND LESSOR WILL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTION OF OR
DAMAGE TO LESSEE'S BUSINESS ON ACCOUNT OF ANY MECHANICAL FAILURE OR DELAY IN
CONNECTION WITH THE FURNISHING OR USE OF THE PROPERTY Lessee acknowledges that Lessor is not a
dealer or manufacturer of Property of any kind and is not the seller of the Property, and that each unit of Property is of a
type, size, design and capacity selected solely by Lessee Lessee also acknowledges that Lessor supplies the Property
without any obligation to install, test, erect, service or maintain the Property If the Property is not properly installed, does
not operate as represented or warranted by the manufacturer or seller thereof, or is unsatisfactory for any reason, Lessee
shall make any claim on account thereof solely against the manufacturer or seller and no such occurrence shall relieve
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Mum Lease v 0114 11 161336 M
Lessee of any of its obligations under this lease The only warranty applicable to any Property is the manufacturer's
warranty, if any (in the case of new Property) and Lessor makes no warranty to Lessee Lessee acknowledges receipt of the
manufacturer's warranty with respect to any new Property So long as Lessee is not in default under this lease, Lessor
assigns to Lessee any manufacturer's, seller's or other warranty, whether express or implied, on the Property and any claim
that Lessor may have as owner of the Property against the manufacturer or supplier or any other person All claims or
actions on any warranty shall be made or prosecuted by Lessee, at its sole expense, and Lessor shall have no obligation
whatsoever to make any claim on such warranty Lessor is not liable for any modification, breach or rescission of any
warranty or service agreement Any agreement that Lessee may have with any third party, incl ding any manufacturer or
vendor, relating to services shall be separate and distinct from this lease and Lessor s of have any obligations
thereunder Lessee acknowledges that this lease constitutes a "finance lease" under UCC cle 2A in all respects, and that
Lessor's sole obligations to Lessee hereunder is not to interfere with Lessee's quiet a ent of roperty so long as
Lessee is not in default hereunder Subject to the foregoing sentence and to x�tent p k F d by law, Lessee
unconditionally and irrevocably waives any and all rights and remedies against Le t I r in equ (including,
without limitation, any rights and remedies granted Lessee under Article 2A of the Umfo mmercial a and/or the
right to reject any Property or repudiate this lease) Lessee agrees that Lessor assumes - bili and makes no
representation as to the treatment by Lessee of this lease, the Property a rent payments fo ' statement or tax
purposes
7 TITLE; SECURITY INTEREST. During the Lease ' ` " ' the » rty sh st in Lessee, subject to
Lessor's rights under Sections 5 and 22 of this Lease To sec a paym t f the Ayments and any and all
liabilities, direct, mdirect, absolute, contmgent, due or to b e due or ing or h r arising of Lessee to Lessor,
Lessee grants to Lessor as the secured party a security inter d t roperty described in Exhibit A, together with
all additions, attachments, accessions, substitutions oce '� pect thereto and Lessor shall retain its security
interest in the Property until the Lease Term shall ex , _ ssee "° _ that Lessor may file such financing statements or
other instruments necessary to perfect such security in e ' er S w Notwithstanding anything contained in the
Lease to the contrary, Lessee and Lessor hereby agree ledg with respect to the Equipment covered by this
Lease, Lessee's interest shall be that of o and holde 4 leg' Ott e an essor's interest shall be that of a secured party
with a first perfected security interest k
8 PERSONAL PROPERTY. The P 'p is 11 remain personal property and will not be deemed to be
affixed or attached to real e buildin eon requested by Lessor, Lessee will, at its expense, furnish a
landlord or mortgagee waiver 'ii the Pr�
9 USE; REPAIRS. Les Y " ° ' th iQ perty in a careful manner for the use contemplated by the manufacturer
of the Property r c y a mply laws, ordinances, insurance policies and regulations relating thereto, and will pay
all costs, cl ri s, fees an arges arising out of its possession, use or maintenance Lessee, at its expense, will
keep the in goo � an ' ill furnish all parts, mechanisms and devices required therefor If the Property is
such as is cu ari v ` in " enance agreement, Lessee will f irmsh Lessor with a maintenance agreement with
a party satisfa ' " °' essor
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10 ALTERAT see will not make any alterations, additions or improvements to the Property without
Lessor's prior written y ` unless such alterations, additions or unprovements may be readily removed without damage
to the Property
11 LOCATION, INSPECTION. The Property will not be removed from, or if the Property consists of rollmg stock
its permanent base will not be changed from, the Property Location without Lessor's prior written consent which will not be
unreasonably withheld Lessor will be entitled to enter upon the Property Location or elsewhere during reasonable business
hours to inspect the Property or observe its use and operation
Mmu Lease v 0114 11 161336 M 3
12 LIENS AND TAXES. Lessee shall keep the Property free and clear of all levies, hens and encumbrances except
those created under this Lease Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now
or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Property, excluding,
however, all taxes on or measured by Lessor's income If Lessee fails to pay said charges and taxes when due, Lessor shall
have the right, but shall not be obligated, to pay said charges and taxes If Lessor pays any charges or taxes for which
Lessee is responsible or liable under this Lease, Lessee shall, upon demand, reimburse Lessor as additional rent the amount
of any such charges or taxes plus interest thereon at the rate of 18% per annum or the highest rate allowed by law,
whichever is less, to the date of said reimbursement.
13 RISK OF LOSS; DAMAGES; DESTRUCTION. Lessee assumes all risk of 1 or damage to the Property
from any cause whatsoever, and no such loss of or damage to the Property shall rehe ssee of obligation to make
Rental Payments or to perform any other obligation under this Lease In the ev damage y item of Property,
Lessee will immediately place the same in good repair with the proceeds of any I applied the cost of
such repair If Lessor determines that any item of the Property is lost, stolen, destroyed o ed beyo pair Lessee,
at its option, will either (a) replace the same with like Property in good repair, or (b) on the en ment date pay
Lessor, (i) all amounts owed by Lessee under this Lease, including the R Payment due on s d (ii) an amount
equal to the applicable Purchase Option Price set forth in Exhibit C In ent that less than a Property has been
lost or destroyed, Lessor and Lessee shall substitute revised Exhibi d C s Lease priate endorsement
14 INSURANCE. Lessee shall obtain and maintain o th res , to the t its own expense (a) liability
insurance insuring against liability for bodily injury perty a with a um limit of $1,000,000.00
combined single limit or such greater amount as ma be y y b scribed by any applicable state law specifying
minimum insurance requirements, and (b) physical a in uring against loss or damage to the Property in an
amount not less than the full replacement value of erty, no event will the insurance limits be less than the
amount of the then applicable Purchase Option Price ed in n 15 below Lessee shall furnish Lessor with a
certificate of insurance evidencing the issuance of a po o cies see in at least the nummum amounts required
herein nammg Lessor as an additional thereun for ability coverage and as loss payee for the property
damage coverage Each such policy shal w rm, ludin maximum deductible, and with such insurers as may
be satisfactory to Lessor, and shall contain use the insurer to give to Lessor at least 30 days' prior written
notice of any alteration in the s of such or cellation thereof, and a clause specifying that no action or
misrepresentation by Lessee }` ' date such Lessor shall be under no duty to ascertain the existence of or to
examine any such policy or vis `' the t any such policy shall not comply with the requirements hereof
Lessee hereby appoints Lessor ess ` :, -fact to make claim for, receive payment of, and execute and endorse
all documents, check or drafts r damag under any such insurance policy In the event Lessee fails to procure,
maintain, pay f de Less evidence of the insurance required by this lease, or to pay any fees, assessments,
charges or as required in this e, Lessor shall have the right, but not be obligated, to obtain insurance covering
Lessor's in t in the m insurer of Lessor's choice, or pay said fees, assessments, charges and taxes, as the
case may be t, L ' s I reimburse Lessor upon demand for the cost thereof, together with interest until
paid at the ra /o per ann or the maximum rate allowable by law, whichever is less, and failure to pay the same
shall constitute an Event of It under this lease NOTHING IN THIS LEASE WILL CREATE AN INSURANCE
RELATIONSHIP O E BETWEEN LESSOR AND ANY OTHER PERSON
15. PURCHASE OPTION. On each Rental Payment due date, Lessee shall have an option to purchase the Property
for an amount equal to the Rent Payment due on such date plus the Purchase Options Price set forth in each Exhibit C
Lessee's right hereunder shall be conditioned upon Lessee's having performed all terms and conditions hereof in a timely
fashion and no Event of Default shall have occurred either during the term of the Lease nor at the time this option to
purchase is sought to be exercised At such time as Lessee shall have fully paid the total Rental Payments for the entire
Lease Term and Lessee shall have fully paid and performed all other obligations hereunder and provided no Event of
Default has occurred and is continuing, Lessee may at its option pay to Lessor the sum of ONE DOLLAR ($1.00),
whereupon title to the Property shall remain vested in Lessee and Lessor shall transfer any and all of its right, title and
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Mum Lease v 0114 11 161336 M
interest in the Property to Lessee as is, where is, without warranty, express or implied, except Lessor will warrant to Lessee
that the Property is free and clear of any liens created by Lessor This option shall be exercised by written notice to Lessor
given within the thirty (30) day period prior to the last day of the Lease Term
16 LESSEE CERTIFICATION. Lessee warrants that it is a state, or a political subdivision thereof, within the
meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code ") and the related treasury
regulations and rulings thereunder, or the District of Columbia, and that this lease has been duly authorized, approved,
executed and delivered and is a valid and binding contract of Lessee, enforceable against Lessee in accordance with its
terms, such that those amounts designated as interest in Exhibit C, will qualify for exclusion I gross income of Federal
income taxes by Lessor, its assignees, and any participants with such, under Section 1 the Code Lessee further
warrants that during the Lease Term, the Property will be used by Lessee only for the se of per ; g governmental
or proprietary functions of Lessee consistent with the permissible scope of Lessee's o� ty and I of be used in a trade
or business of any person or entity other than Lessee'
In the event that Lessee is not a state or political subdivision thereof within the meaning of Qn 1 the Code, or if
for any reason the usage of the Property would cause any interest pay ` hereunder to lose i j ion from Federal
taxation, or if Lessee fails to comply with the information reporting requir "�e of Section 149(e) a Code or if Lessee
fails to keep a record of all assignments of the Lease pursuant to n 1 ( of the Cod , en Lessee agrees to pay
Lessor, its assignees, and any participants with such, an additio G„ hic , to ther a amount of interest to be
paid by Lessee under this Lease, puts Lessor, its assignees, any p ci ants `in the same after -tax position
they would have been had such payments been exempt fro r ation un ° ection 10 ' he Code
17 LESSEE NEGLIGENCE. Lessee assum ry sks� ties, whether or not covered by insurance, for loss
or damage to the Property and for injury to or death erso rage to any property whether such injury or death
be with respect to agents or employees of Lessee or y ' artie whether such property damage be to Lessee's
property or the property of others which is proximatel us the n` gent conduct of Lessee, its officers, employees
and agents Lessee hereby assumes res for an , ee .1 eimburse Lessor for all liabilities, obligations, losses,
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damages, penalties, claims, actions, cos s lud reasonable attorneys' fees) of whatsoever kind and
nature, imposed on, incurred by or assert } ; am that in any way relate to or arise out of a claim, suit or
proceeding, based in whole o part upon ligen duct of Lessee, its officers, employees and agents, to the
maximum extent permitted b I
18 ESSENTIAL USE. I i es s s'" n y ake Payments for the full Lease Term if funds are legally available
therefor and in that r and Lese nts that a) the use of the Property is essential to Lessee's proper, efficient and
economic fun " ' o the s i s that Lessee provides to its citizens, (b) Lessee has an uumediate need for and
expects tom ediate use of s tially all the Property, which need is not temporary or expected to diminish in the
foreseeable lure, and thop : will be used by Lessee only for the purpose of performing one or more of its
governmen ni fun ns nsistent with the permissible scope of its authority
19 ASSIGNMENT. ut Lessor's prior written consent, Lessee will not assign, transfer, pledge, hypothecate or
grant any security in I " ¢ other wise dispose of this Lease or the Property or any interest in this Lease or the Property
Lessor, without the consent of Lessee, may assign its right, title and interest in and to this Lease, the Property and any other
documents executed with respect to this Lease, and/or grant or assign a security interest in this Lease and the Property, in
whole or in part Any such assignees shall have all of the rights of Lessor under this Lease Subject to the foregoing, this
Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties
hereto. Any assignment or reassignment of any of Lessor's right, title or interest in this Lease or the Property shall be
effective upon receipt by Lessee of a duplicate original of the counterpart document by which the assignment or
reassignment is made, disclosing the name and address of each such assignee and, where applicable, to whom further
payments hereunder should be made With the written consent of Lessee, which consent will not be unreasonably withheld,
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Mean Lease v 0114 11 161336 M
Lessor may assign any interest in this Lease upon terms which provide that the assignor or assignee will act as a collection
and paying agent for holders of certificates of participation in this Lease Lessee agrees to acknowledge in writing any
assignments if so requested Lessee shall keep a written record of all assignments
LESSEE AGREES THAT UPON NOTICE OF SUCH ASSIGNMENT IT SHALL PAY DIRECTLY TO LESSOR'S
ASSIGNEE WITHOUT ABATEMENT, DEDUCTION OR SETOFF ALL AMOUNTS WHICH BECOME DUE
HEREUNDER AND FURTHER AGREES THAT IT WILL NOT ASSERT ACTAINST I FSSOR'S ASSIGNFF ANY
DEFENSE, CLAIM, COUNTERCLAIM OR SETOFF ON ACCOUNT OF ANY REASON WHATSOEVER WITH
RESPECT TO ANY RENTAL PAYMENTS OR OTHER AMOUNTS DUE HER::
20 EVENTS OF DEFAULT. The tern "Event of Default ", as used in thus ans the ^iurrence of any one
or more of the following events
(a) Lessee falls to make any Rental Payment (or any other payment) as it becomes due in x cc with _ erms of this
Lease, and any such failure continues for ten (10) days after the due date thereof,
(b) Lessee fails to perform or observe any other covenant, condition, o cement to be perfo d or observed by It
hereunder and such failure is not cured within twenty (20) days afte t o tten notice f from Lessor,
(c) Any statement, representation, or warranty made by Les this L or in delivered by Lessee pursuant
hereto or in connection herewith is false, misleading, or n us in any nal resp
(d) Lessee becomes insolvent, makes an assugnin e b redutors, applies or consents to the appointment of a
receiver, trustee, conservator or liquidator of Lessee a sub al part of its assets, or a petition for relief is filed by
Lessee under Federal bankruptcy, insolvency or sl ' s, o tition in a proceeding under any bankruptcy,
insolvency or similar laws is filed against Lessee and is di ed thirty (30) days thereafter
x . fir
21 REMEDIES. Upon the occurr t efau essor may, at its option, exercise any one or more of
the following remedies
(a) Lessor may declare all ents the current fiscal year of Lessee immediately due and payable,
whereupon such Rental Payme sh t dlate a and payable
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(b) By written noti to Lessee, essee to and Lessee agrees that it will), at Lessee's expense, promptly return the
Property to L anner s in Section 22 hereof, or Lessor, at its option, may enter upon the premises where
the Property 1 ed and take a possession of and remove the same,
(c) Sell or l erty bl a it for the account of Lessee, holding Lessee liable for all Rental Payments and
other paymen o the end f e fiscal year then in effect, the proceeds of such sale or lease shall be applied to the
following items in the follo rder first, to the payment of all costs and expenses of Lessor arising from the Event of
Default, second, to of the applicable Purchase Option Price, and third, to the payment of any Rental Payments
then due and owing thereunder and
(d) Exercise any other nght, remedy or privilege which may be available to It under applicable law including the right to (i)
proceed by appropriate court action to enforce the terms of this Lease, (u) recover damages for the breach of this Lease, and
(in) rescind this Lease as to any or all of the Property in accordance with applicable laws and procedures
In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other
costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies lusted
above or any other remedy available to Lessor
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Mum Lease v 01 14 11 161336 M
22 TERMINATION PROCEDURE. In the event Lessor is entitled under the provisions of this Lease, including
any cancelation or termination hereof pursuant to Sections 5 and 21 hereof, to obtain possession of the Property, title to the
Property shall immediately vest in Lessor and Lessee shall make the Property available to Lessor free of all liens and
encumbrances in at least as good condition and repair as when delivered to Lessee, ordinary wear and tear resulting from
proper use alone excepted Lessee agrees, at its expense, to advise Lessor of the location or locations where the Property
may be found, permit Lessor access to the Property, voluntarily relinquish possession of the Property to Lessor, deliver the
Property to a reasonable location specified by Lessor, and fully cooperate with Lessor in all res ects in the removal of and
redelivery of the Property to Lessor Lessee agrees to execute and deliver to Lessor all docul reasonably necessary to
transfer legal and beneficial title to the Property to Lessor and to evidence the cancelation I mation of Lessee's interest
in the Property.
RiP
23 LAW GOVERNING AND CONSTRUCTION This lease shall in all resp e` ed by, an , onstrued in
accordance with, the laws of the State of Minnesota without giving effect to conflict of I visions, v'ded that any
interest and finance charges hereunder shall be governed by federal law and, to the extent a ` i ble, bstantive laws
of the State of Minnesota Lessee hereby consents to Iunsdiction and ve f the federal or sta �� : '. itting in the State
of Minnesota for purposes of resolving all disputes of any nature wha er regarding the 1 , or any transaction
contemplated hereby, and Lessee hereby waives objection which i ow reafter hav the laying of Jurisdiction
or venue in the federal or state courts of Minnesota Lessor an ee umm d complaint commencmg
an action or proceeding in any such court shall be prop erved �d shall ersonal Jurisdiction if served
personally, by certified mail to it at its address design ursuant a leas e, otherwise provided under the
respective rules of the state or federal courts of Minneso y Sion of this lease which may be prohibited or
unenforceable in any Junsdiction shall not, as to su > sdi a v idate the remaining provisions hereof and shall not
invalidate or render unenforceable such provision in r Jun' N on Lessee agrees that, at Lessor's sole election and
determination, Lessor may select an alternative forum, a arb n or mediation, to adjudicate any dispute ansing
out of this lease THE PARTIES HERETO, AFTE a O SQL R HAVING HAD AN OPPORTUNITY TO
CONSULT) WITH COUNSEL OF DICE, fi AND VOLUNTARILY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY ACTIO E G ATING TO THIS LEASE, INCLUDING ANY
LITIGATION REGARDING THE ENFOR LEASE OR ANY RELATED AGREEMENTS
24 NOTICES AND O Any hereunder to Lessee or Lessor shall be deemed to have been
given when delivered person 1 r I ? r the States mails, certified or registered mail, addressed to recipient
at its address set forth above or _ uch as may be substituted therefor by notice given pursuant to the terms
hereof There shall a only one i �ountetp of this lease and it shall bear the original signature of Lessor and be
marked "On the exte at this lease constitutes chattel paper (as that tern is defined by the Uniform
Commercial e , a security or o hip interest intended to be created through the transfer and possession of this lease
can be done y by th f f s ngmal bearing the original signature of Lessor Lessor, in its sole discretion, may
permit Less R tally y d/or deliver by telecopier or other electronic means of transmission an executed
counterpart o r e, and ocument, schedule, amendment, addendum, supplement or agreement related hereto or
executed in connection her y so copying and/or delivering any such document, Lessee hereby represents and agrees
(a) that such trans 1 titutes due delivery of such executed document, (b) that the counterpart of such executed
document as printed by a recipient, including Lessee's signature thereon, shall be deemed to constitute an original and
shall be admissible in any court or other legal proceeding as an original, and (c) to deliver to Lessor, promptly on request,
such document bearing Lessee's original "wet ink" signature, provided that neither delivery nor failure to deliver the
document bearing Lessee's original "wet mk" signature shall limit or modify the representations and agreements set forth
in clauses (a) and (b)
25 SECTION HEADINGS. All section headings contained herem are for the convenience of reference only and are
not intended to define or limit the scope of any provision of this Lease
Mw" Lease v01 14 11 161336 M 7
26 DELIVERY OF RELATED DOCUMENTS Lessee will execute or provide, as requested by Lessor, annual
budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to
the validity and enforceability of this Lease, as are reasonably necessary with respect to the transaction contemplated by
this Lease
27 ENTIRE AGREEMENT; WAIVER. This Lease, together with the exhibits attached hereto constitutes the
entire agreement between the parties with respect to the lease of the Property This Lease shall not be modified, amended,
altered, or changed except with the written consent of Lessee and Lessor Any provision f this Lease found to be
prohibited by law shall be ineffective to the extent of such prohibition without invalidatin ° remamder of this Lease
The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereo not operate as a waiver of
any subsequent breach hereof
28 APPOINTMENT. In compliance with Section 149(a) of the Internal Revenu a 6, as am ed, Lessee
hereby designates Lessor to be its agent for the purposes of maintaining a book entry sy entifying wnership or
interest in and to this Lease and Lessor hereby accept its duties as agent hereunder
Lessor TCF Equipment Finance, Inc By Operations T C
Lessee
Y
f
ka
8
Mm Lease v 0134 11 161336M
EXHIBIT A
N
Proposal
western Equipment Distributors, Inc Prepared for Proposal Date 03/08/2011
20224 - 80th Avenue South Gold Mountain Golf Expiration Date 04/01/2011
Kent WA 98032 -1288 P O Box 4130 Quote ID 1252740
Bremerton WA 98312
Prepared by
Shawn Frisbee
Shawn frisbee@western -equip com
206 - 501 -7248
I am pleased to submit a proposal on the following equipment for your consideration
Qt Model, #, _`+ _ ^ Um t Prtce . +' EZtensi on
2 30839 Groundsmaster 3500 -D $28,906 05 $57,812 10
2 30841 work Light Kit $187 25 $374 50
6 30836 Leaf Mulching Kit (order 1 per deck) $40 66 $243 96
2 108 -1462 Atomic Mulching Blade Service Pack (6 blades) $81 86 $163 72
2 Toro Protection Plus Comprehensive - 36/2700
4 04357 Greensmaster 3150 -Q $18,472 48 $73,889 92
12 04611 11 Blade Cutting Unit $1,673 48 $20,081 76
4 04626 Narrow Wiehle Roller ( 200" Spacing) (Set of 3) $753 28 $3,013 12
4 105 -8336 Light Kit $145 38 $581 52
4 Toro Protection Plus Comprehensive - 36/2700
2 03670 Reelmaster 5410 $27,577 11 $55,154 22
10 03661 8 Blade Cutting Unit $2,038 35 $20,383 50
10 03668 Powered Roller Brush $391 62 $3,916 20
CrossTrax All -wheel Drive Kit (Includes 2 post BOPS
2 03671 w /seatbelt) $3,448 61 $6,897 22
2 03521 TurfDefender Leak Detector Kit $829 25 $1,658 50
2 03667 Air -ride Seat Suspension $416 23 $832 46
2 Toro Protection Plus Comprehensive - 36/2700
1 04357 Greensmaster 3150 -Q $18,472 48 $18,472 48
3 04610 8 Blade Cutting Unit $1,601 79 $4,805 37
1 04626 Narrow W Roller ( 200" spacing) (Set of 3) $753 28 $753 28
1 04474 314D Kit with RODS $2,677 14 $2,677 14
1 105 -8336 Light Kit $145 38 5145 38
1 Toro Protection Plus Comprehensive - 36/2700
TOTALS•,.y� o0. - i. "x:
Equipment Total $271,856 35
Freight /shipping $205 00
Total $272,061 35
Shawn Frisbee has asked that I forward you the - individual pricing information regarding the price quotation that he
discussed with you Please contact Shawn at 206- 501 -7248 with any questions
Note The above pricing does not include sales tax
Lease
Dollar Buy Out/CSC (1 advance payment due) on .$295,304 94 (4 $250 document fee)
Monthly Payment
48 months (tax not included) 60 months (tax not included)
$6,167 55 $5,029 34
Approx7mate Annual Payments Approx7mate Annual Payment
$74,010 60 $60,352 08
Proposal M
western Equipment Distributors, Inc Prepared for Proposal Date 03/08/2011
20224 - 80th Avenue South Gold Mountain Golf Expiration Date 04/01/2011
Kent wA 98032 -1288 P O Box 4130 Quote ID 1252740
Bremerton WA 98312
Prepared by
Shawn Frisbee
shawn frisbee@western -equip com
206 -501 -7248
FINANCING
Documentation fee of $250, Rates set in relation to market conditions, First monthly payment in
advance, All rates and terms subject to credit approval Rates and payments subject to change
End of Lease Options
$1 out - Conditional sales Contract
Purchase equipment for $1
Department of General Admnustration - Contract 08506 Summary
EXHIBIT B
General Administration �:
G / I �i S t! C F �t t H ! C i C 4 ' Based ante
Office of State Procurement - Customer Service (360) 902 -7400 or csmad @ga wa gov
Lawn and Grounds Equipment
Contract #: 08506 Replaces: 04402
This is a catalog discount contract for various manufacturers/suppliers in 18 categories of lawn and ground equipment Replaces
Contract 04402
The purpose of this contract is to establish a convenience-use contract for the as- needed purchase of agricultural lawn and grounds
equipment in the following categories
1 Hand Held Equipment
2 Walk- Behind Equipment
3 Riding Mowers -Up to 30 Horsepower
4 Lawn and Garden Tractors -Up to 30 Horsepower
5 Equipment for Riding Mower, Lawn and Garden Tractors
6 Residential Front Mowers and Equipment
7 Commercial Walk- Behind Mowers and Equipment
8 Commercial Ztrack Mowers and Equipment
9 Commercial Front Mowers and Equipment
10 Commercial Wide Area Mowers
11 Industrial Mowers
12 Compact utility tractors -Up to 48 Horsepower
13 Equipment for Compact Utility Tractors
14 Utility Tractors -Up to 65 Horsepower
15 Equipment for Utility Tractors
16 Utility Vehicles -Up to 65 Horsepower
17 Equipment for Utility Vehicles
18 Tractors, 2x4 and 4x4 70 to 120 Horsepower
19 Agricultural equipment
0 Golf &_Turf`
21 Commercial Lawn Shredders And Chippers
Current Term Start Date: 02 -01 -2011 Award Date: 01 -30 -2007 Est. Annual Worth: $10,984,952
Current Term Stop Date: 01 -31 -2013 Final Term End On: 01 -31 -2013 Commodity Code(s): 515-35,515-45,515-56,760
-90,765-09,765-11 765-13,765 -85 ,765 -87
Diversity: 0% WBE 0% MBE # of Bids Received: 16
Who can use this contract?
Washington State agencies
Qualified Cooperative Members (Political Subdivisions /Non -Profit Organizations)
Participating Colleges, Universities, Community & Technical Colleges
Oregon Coop Members
Contract Documents & Resources
View Current Contract Information (CCI) Contract Activity
Original Solicitation Document Submit Contractor Feedback
Solicitation Addendum Best -buy Notification
Contractors(s):
ALAMO SALES CORP
BRIM TRACTOR COMPANY, INC
CNH AMERICA LLC
EXCEL INDUSTRIES, INC
HORIZON DISTRUBUTORS INC
J AND I POWER EQUIPMENT INC
htti)s / /fortress wa.gov /ga/ apps/ ContractSearch /PnntContractSummary asnx ?c= 0R5f)6
)epartment of General Administration - Contract 08506 Summary Page 2 of 2
JOHN DEERE COMPANY
MORIDGE MANUFACTURING, INC
KID CONSUMER PRODUCTS
STAN BONHAM CO
TIGER CORPORATION
WESSPUR TREE EQUIPMENT
E: N`EQt1IP } MEVDIS T R IBttTO RS I R i C'
Information about the number of bids received is included to show
Vendors which contracts would benefit from more competition
Assure our customers that we sought the best overall value through as many competitive bids as possible
Performance Based Contracbng:
Performance -based contracts identify expected deliverables, performance measures or outcomes, and payment is contingent on
their successful delivery Performance -based contracts also use appropnate techniques, which may include but are not limited to,
consequences and /or incentives to ensure that agreed upon value to the state is received
ittps //fortress wa gov/ ga/ apps/ ContractSearch/PnntContractSummary aspx ?c =08506 3/30/2011
Current Contract Information
Contract No 08506
Change No 18
Page 37
New Holland 840TL &
New Holland Agriculture 850TL Farm Loaders 250% 250% 0 0 30 -150 10115110 All
New Holland
New Holland Agriculture Implements 260% 260% 0 0 30 -150 9/1/10 All
Tiger Corporation Tiger Mowers 130% 1 130% 1 13% 1 $50000 1 45 -150 1 6/18/2010 1 All
CATEGORY TWENTY: Golf & Turf
Repair
Attachments Parts Delivery Catalog
Supplier Manufacturer Equipment /Accessories Manual Set -U Cost Days/ ARO Date Regions Bid
Western Equipment Bernhard 100% 100% 0% $000 60 3/1/2008 All
Southwest
Washington, All
RMT Buffalo Turbine 5% 5% 0% 000 60 1/15/2010 Oregon
Cub Cadet Cub Cadet 250% 250% 0% $10000 45 2011 All
Western Equipment Dakota 50% 50% 0% $000 60 11/1/2007 All
Western Equipment Dakota 50% 50% 0% $000 60 1 1/1/2007 All
Western Equipment First Products Aeravator 50% 50% 0% $000 60 11/1/2006 All
Western Equipment H er Industries Goosen 100% 100% 0% $000 60 1/1/2008 All
So
RMT Equipment Jacobsen 240% 240% 0%
$000 30 10 /1 /10 Southwest
&
t Southt
Northwest /
Brun Tractor Jacobsen 200% 200% 0% 0% 60 10/1/10 Olympic
John Deere Company -G10,
G15, G20, G25, G3, 3225C,
John Deere Co m any 7400, 245% 245% 0% $000 30 -90 11/1/10 All
Western Equipment Lely 10% 10% 0% $000 60 11/1/2007 All
Tiger Corporation Tiger Mowers 130% 130% $1300 $25000 45_ _ _ 6/18/2010 All
eW stern qui ment 1 ~- 5To — T7 3°To - - -o T $0 00 60 1/1/2411 All
Western Equipment v Turfco 50% 50% 0% $000 60 2/1/2006 All
37
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5,F
SUBJECT: License Agreement with Study Session Date May 11, 2011
Bremerton Farmer's Market for use of a COUNCIL MEETING Date May 18, 2011
portion of Evergreen Rotary Park Department Parks & Recreation
Presenter Jeff Elevado
Phone 473 -5428
SUMMARY:
This license agreement will authorize the non - profit Bremerton Farmer's Market to use a portion of
Evergreen Rotary Park, identified in attached Exhibit A, on Thursday afternoon from 2 00 pm to 8 00
pm from May to October of each year for the sale of farm produce, art, crafts and prepared food
items The Market will pay the City a fee of $250 00 per year as compensation for use of the park
ATTACHMENTS:
1) Bremerton Farmer's Market License Agreement
2) Exhibit A — Approved Location Site Map
FISCAL IMPACTS (Include Budgeted Amount)
No Fiscal Impact
APPROVALS: (IMAM%Aftwo DEPARTMENT DIRECTOR ,
j CITY ATTORNEY
I FINANCE DIRECTOR
RECOMMENDED MOTION:
i Move to approve the License Agreement for use of a portion of Evergreen Rotary Park by the
Bremerton Farmer's Market and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented
I
STUDY SESSION ACTION:
M I C - onseyt Agenda El General Business ❑Public Hearing
COUNCIL PRESIDENT kh I COUNCIL ACTION: E] Approve ❑ Deny Table El Continue ❑ No Action
Form Updated 4/18/2011
I
LICENSE AGREEMENT
[CITY OF BREMRTON and BREMERTON FARMER'S MARKET]
THIS LICENSE AGREEMENT is entered into by and between the CITY of
BREMERTON, a municipal corporation organized and existing under the laws of the State of
Washington, (hereinafter referred to as the "City "), and the BREMERTON FARMER'S
MARKET (hereinafter referred to as the "Licensee ")
WITNESSETH:
1. PREMISES: City is the legal owner of the property identified in Exhibit A.
The City hereby grants to Licensee this agreement for the use of a portion of Evergreen
Rotary Park identified in Exhibit A for the uses and purposes described herein
2. USES AND PURPOSES: Licensee shall have the use of the premises identified in
Exhibit A for the purpose of a Farmer's Market. Such Farmer's Market shall be limited to the
premises, and shall only be allowed during the months of May — October of each year this
agreement is in effect Additionally, the Licensee's use of the premises is limited to Thursday
afternoons from 2 00 pm until 8:00 pm
Sales, displays, storage and delivery of Farmer's Merchandise shall be limited to the
portion of Evergreen Rotary Park identified in Exhibit A. Vendor's vehicles and trailers shall
remain on paved areas of the premises Vendors may use small carts and hand trucks to transport
their merchandise to their booth(s)
The Licensee shall be responsible for the clean up of litter, unsold merchandise,
packaging, displays and other market related items following the close of the Farmer's Market
each Thursday
No permanent signage or other advertising shall be used by the Licensee. However,
temporary signage may be used by the Licensee and may be placed at entrances to Evergreen
Park as well as other locations within Evergreen Rotary Park upon the written approval of the
City's Parks and Recreation Director
No alcoholic beverages are permitted for sale or consumption within the premises
i Notwithstanding any other provisions herein, the Licensee shall not enter into any other
sublicense of the premises or any portion thereof or any assignment of any interest in this
Agreement whether long or short term in nature, or engage in any activity with respect to or on
the premises other than the express use(s) and purpose(s) stipulated herein, without obtaining the
prior written authorization therefore from the City
3. TERM: The term of this Agreement shall be for a period of three (3) years from the
date of execution However, the parties shall have the option to terminate this Agreement at any
time with thirty (30) days written notice to the other party
1
Bremerton Farmer's Market License Agreement 2011 1
I
4. COMPENSATION: Licensee shall make an annual payment to City in the amount
of $250.00 Such payment shall be made prior to April 1 of any year this agreement is in effect
5. NOTICES: All notices and payments to be given by either parties hereto to the other
party shall be in writing and may either be delivered personally or may be deposited in the
United States Mail, postage prepaid, as either certified or regular addressed as specified below.
City City of Bremerton Licensee Bremerton Farmer's Market
City Clerk P O Box 5662
345 6 Street Suite 600 Bremerton, WA 98312
Bremerton, WA 98337
6. RELATIONSHIP: In no event shall the City be construed, or held to have become
in any way or for any purpose a partner, associate or joint venturer of the Licensee or any party
associated with the Licensee in the conduct of the Licensee's business or otherwise.
7. PERMITS: Licensee shall obtain, at Licensee's expense, all permits necessary for
Licensee's intended use
8. UTILITIES: Licensee shall pay for all services and utilities supplied to the premises
including the required installation, connection and disconnection of those services necessary for
Licensee's use of the Property. Such payment shall be in addition to the annual payment paid by
the Licensee
I
9. INDEMNIFICATION: Licensee shall defend, indemnify and hold the City harmless
from any and all claims, causes of action, liability, damage, expense (including all legal costs
and attorney fees), suits, or judgments for personal injury or property damage arising from or in
any way connected with Licensee's performance under this agreement The provisions of this
paragraph shall survive the expiration or termination of this agreement
10. INSURANCE: Licensee shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with use of the premises by the Licensee, its agents, representatives,
j employees, customers, contractors or subcontractors
By the commencement of the rental period, the Licensee shall provide a Certificate of
Insurance evidencing
f
Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single lirmt per occurrence and $1,000,000 aggregate for
personal injury, bodily injury and property damage Coverage shall include but not be
limited to blanket contractual, products /completed operations/broad form property
damage; and employer's liability
i
Bremerton Farmer's Market License Agreement 2011 2
J
Any payment of deductible or self insured retention shall be the sole responsibility of
Licensee The City shall be named as an additional insured on the insurance policy, as
respects the operation of this agreement by or on behalf of Licensee and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance.
Licensee's insurance shall contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability. Licensee's insurance shall be primary insurance as respects the City and
the City shall be given thirty (30) calendar days prior written notice of any cancellation,
suspension or material change in coverage
11. MODIFICATION: This agreement may not be modified, altered or amended
unless first approved in writing by the City
12. ENTIRE AGREEMENT: This agreement contains the entire agreement between
the parties and, in executing it, City and Licensee do not rely upon any statement, promise, or
representation, whether oral or written, not expressed herein
CITY OF BREMERTON BREMERTON FARMER'S MARKE
B B
Title Title.
Date Date
Approved as to form
City Attorney
Attest.
City Clerk
Bremerton Farmer's Market License Agreemed2011 3
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 46&
SUBJECT: Grant Agreement with Study Session Date. May 11th, 2011
Washington State Dept. of Ecology for COUNCIL MEETING Date: May 18th, 2011
Matan Park LID Improvements constructed Department Parks
by Washington Conservation Corps Presenter Colette Berm
Phone: 473 -5429
SUMMARY: The attached grant agreement with the Department of Ecology (DOE) will provide an
additional $35,000 toward the redevelopment of Matan Park. Under the agreement the Washington
Conservation Corps (WCC) will be involved to the extent possible in the construction of Low Impact
Development Techniques (LID) at the park including: removal of unnecessary impervious paving,
removal and disconnection of unnecessary catch basins, construction of approximately 560 linear feet
of porous walking paths, repaving of existing roadway to create a sports court area that will convey
runoff into a 1,000 sf rain garden, and an interpretive sign to highlight the LID features in the park.
The project is part of a larger park redevelopment project funded by a 80k Community Development
Block Grant, 25k Rotary Club Donation, and 25k City Parks Capital Fund.
ATTACHMENTS: Dept. of Ecology Grant Agreement
FISCAL IMPACTS (Include Budgeted Amount) No fiscal impact, no match required
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY -
FINANCE DIRECTOR
RECOMMENDED MOTION:: I Le to a thorize the Mayor to enter into the Matan Park LID
Improvements grant contract with the Department of Ecology and to finalize and execute the
agreement with substantially the same terms and conditions as presented.
STUDY SESSION ACTION: Con nt Age da ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
GRANT NO. G1100253
Between
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
And
CITY OF BREMERTON
PROJECT: MATAN PARK LID RETROFIT PROJECT
This is a binding agreement entered into by and between, the State of Washington Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504 -7600) hereinafter referred to as
"ECOLOGY ", and "City of Bremerton ", hereinafter referred to as the "RECIPIENT" The
RECIPIENT agrees to carry out the activities described herein as authorized by the
Coastal Protection Account
RECIPIENT Name City of Bremerton
Parks & Recreation Department
Address 680 Lebo Blvd
Bremerton, WA 98310
RECIPIENT Project Coordinator Colette Berna
Telephone Number 360 - 473 -5429
Fax Number 360 - 473 -5882
E -mail Address Colette berna @ci bremerton wa us
RECIPIENT Billing Contact Shannon Conn
Telephone Number 360 - 473 -5310
Billing Address 645 6 th Street
Bremerton, WA 98310
E -mail Address Shannon conn @ci bremerton wa us
RECIPIENT Federal Tax Identification No 91- 6001231
For the purpose of this agreement
ECOLOGY Project Lead Kevin Farrell
Telephone Number- 360- 407 -7119
E -mail Address Kfar461 &ecy wa gov
Page 1 of 15
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
ECOLOGY Billing Contact- Cathy Hubbard
Telephone Number: (360) 407 -6491
Fax Number (360) 407 -6902
E -mail Address cahu461@ecy wa.gov
Billing Address. Department of Ecology
Shorelands and Environmental
Assistance Program
P.O Box 47600
Olympia, WA 98504 -7600
Physical Address. 300 Desmond Drive
Lacey, WA 98503
GRANT AMOUNT $ 35,000
MAXIMUM ELIGIBLE PROJECT COST. $ 35,000
STATE MAXIMUM COST SHARE RATE- 100%
MAXIMUM STATE SHARE $ 35,000
The source of funds provided by ECOLOGY is the Coastal Protection Account.
The EFFECTIVE DATE of this grant is May 2, 2011 as found in the pre - authorization letter
of expenses of April 26, 2011.
Any work performed prior to the effective date of this agreement will be at the sole expense and
risk of the RECIPIENT The project described herein must be completed on or before
September 30, 2011.
THE EXPIRATION DATE of this agreement is September 30, 2011
Page 2 of 15
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
ECOLOGY GRANT G1100253
MATAN PARK LID RETROFIT PROJECT
SCOPE OF WORK
Location: Matan Park -City of Bremerton
Project Description:
Stormwater is recognized as a significant contributor to pollution in our water bodies, including
Puget Sound Traditional best management practices are, in part, responsible for erosion of
streams and harm to aquatic habitats In addition, increased impervious surfaces associated with
urban development have been shown to have a negative impact on stream flows
In 2008 the Puget Sound Partnership released an Action Agenda detailing a series of steps
needed to bring Puget Sound to a healthier condition by the year 2020 Reducing the amount of
untreated storm runoff entering the Sound is one of the highest priorities steps listed in the
Action Agenda The Matan Park project will use approved LID (Low Impact Development)
techniques including bio- retention and infiltration to help curtail untreated storm runoff from
streets, rooftops and other hard surfaces which currently drain into the park and continue down
slope 200 yards before entering the Port Washington Narrows This inlet of Puget Sound has
degraded water quality as evidenced by a ban on shell fish gathering in many of the nearby
beaches and tidelands
The City of Bremerton plans to renovate Matan Park using Low Impact Development
techniques Matan Park is a 37 acre neighborhood park located near the center of Bremerton's
Anderson Cove neighborhood. The project will address a physical space deficiency at the park
by incorporating an adjacent street Right of Way into the park providing additional park area and
open green space Renovating this park will create an example of reducing runoff volume by
infiltrating rainfall water to groundwater, evaporating rainwater back to the atmosphere after a
storm and finding beneficial uses for water rather than exporting it as a waste product down
storm sewers This results in less surface water runoff and less pollution damage to lakes,
streams and coastal waters
Page 3 of 15
Coastal Protection Grant No G1100253
Between Ecology and the City of Bremerton
PROJECT TASKS
Task 1: Demolition and site preparation
Approximately 4,000 square feet (sf)of impervious surface will be removed including excess asphalt
paving from the old Anderson Street Right of Way, miscellaneous paved areas adjacent to sidewalk
and within the park, and a structurally unsound picnic shelter. These paved areas will be converted to
lawn and planting areas to promote infiltration and add useable open green space to the park In
addition, 3 existing catch basins will be disconnected and removed
1.1 Remove existing impervious surfaces
1.2• Disconnect and remove three (3) existing catch basins
Deliverable(s): Before and after pictures
Due Date(s): May 15, 2011
Estimated Cost: $ 3,500
Task 2: New surface construction
21- Develop pre - construction plans
22 Obtain `As -built plans"
2.3 Stake and layout of elements
2.4 Bioinfiltration Approximately 1,000 sf of rain garden will be installed to
capture and infiltrate stormwater from the newly created sports court area
Approximately 2,800 sf of old roadway will be overlayed with new paving to
provide a smooth even surface for recreational use while also being graded to
slope and convey stormwater runoff into the bioswale The bioswale will be
designed and constructed following the LID Technical Guidance Manual for
Puget Sound and will be vegetated with native and drought- tolerant plants.
25 Porous Pavement- Porous paving will be installed for approximately 565
linear feet of walking paths within Matan Park and 290 linear feet of porous
concrete sidewalks adjacent to the park, if funding allows
26 Compost Amended Soils, Plantings, & Trees
The renovated park will include approximately 34 acres of landscaped
(planting and lawn) area These areas will be amended with compost before
planting with drought tolerant vegetation to accelerate the development of
healthy soil systems and help absorb and buffer stormwater flows. In
addition, the subsoil of the lawn area will be graded to positively drain to the
surrounding planting areas and amending with compost to promote
infiltration All new planting and turf areas will be amended as recommended
by the Soil Depth and Quality BMP. Preservation of existing trees will help
contribute to the control of stormwater runoff by intercepting precipitation in
Page 4 of 15
Coastal Protection Grant No GI 100253
Between Ecology and the City of Bremerton
the mature tree canopy Additional trees will be planted within the park and
along the street frontage to shade paving and intercept rainfall
Deliverable(s): Pre - construction plans, As built plans, An estimated 1,000 sf of installed rain
garden; Approximately 2,800 sf of old roadway overlayed with new paving, an estimated 565
linear feet of porous paved walking paths, about 290 linear feet of porous concrete sidewalks
adjacent to the park (should funding allow), 34 acres of landscaped area using compost with
drought tolerant vegetation, trees, and plants
Due Date(s): July 1, 2011
Estimated Cost: $ 30,500
Task 3: Public Outreach
Involve the local community in planting the rain garden and other areas in the park Neighboring
residents, businesses, and churches will receive hand delivered flyers in advance of volunteer
work parties Volunteer work parties will also be advertised on the city's website
3 1 Involve an estimated 25 of people in the plantings
32 Install an interpretive sign Ecology is to approve the sign in advance
and be given due credit on the signage
Deliverable: Interpretative Sign with Ecology credit
Due Date: September 30, 2011
Estimated Cost: $ 1,000 (Cost is for fabrication only Interpretive writing and graphics to be
performed in -house by city staff)
Page 5 of 15
Coastal Protection Grant No GI 100253
Between Ecology and the City of Bremerton
ECOLOGY GRANT G1100253
MATAN PARK LID RETROFIT PROJECT
BUDGET
Coastal
Protection Other
Funds Funds Total
Budget by Element
1 Salaries 3,040 7,448 10,488
2 Benefits 960 2,352 1 3,312
3 Contracted Svcs 17,500 55,200 72,700
4 Travel 0
5 Equipment 0
6 Goods /Services 13,500 65,000 78,500
7 Overhead 0
Total by Element 35,000 130,000 165,000
Budget by Task
1 Demolition/Site Prep 3,500 10,000 13,500
New Surface
2 Construction 30,500 120,000 150,500
3 Public Outreach 1,000 1,000
Total by Task 35,000 130,000 165,000
Contracted Services - workcrew
Goods /Service includes, but is not limited to -Catch Basin Removal, Soil Amendments, Bark
Mulch, Fertilizer, Irrigation Supplies, Plant Materials, Seeded Lawn, Paving overlay, Gravel
base, Perforated pipe, Porous paving, Interpretive Sign, Equipment Rental- Jackhammer, est
$20/hr for 10 hrs, Loader, est $30/hr for 20 hrs, Dump truck, est $20/hr for 20 hrs; Caterpillar
Tractor for grading, est $25/hr for 20 hrs; Irrigation trencher, est $300 /wk for 1 week
* Agencies may not be reimbursed from the Coastal Protection fund for the salaries and benefits
of permanent employees for routine operational support.
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Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
WORK PRODUCTS
Copies of documents produced by the RECIPIENT, including, quarterly reports, and any work
products developed under this grant shall be sent to the following ECOLOGY address
Attn Cathy Hubbard
Washington State Department of Ecology
Shorelands and Environmental Assistance Program
P O Box 47600
Olympia, WA 98504 -7600
Physical Address
300 Desmond Drive
Lacey, WA 98503
1 Three (3) copies (2 hard and 1 electronic) of quarterly reports shall be submitted as specified
in Special Terms and Conditions Quarterly reports may be submitted only electronically
with prior approval from the Ecology Project Officer
2 Three (3) copies of all work products as specified in the scope of work, unless otherwise
specified Two hard copies and one electronic copy shall be provided
BUDGET CONDITIONS and PAYMENT TERMS
Budget Conditions
Regardless of the number of tasks or elements, Ecology's Fiscal Office will track the
EXPENDITURE BUDGET at the PROJECT LEVEL
A formal amendment is required to increase or decrease the funding or revise the Scope of Work
For this grant, 100% of the total grant amount will be paid on a cost - reimbursement basis
Requests for reimbursement shall be submitted at least quarterly but not more often than once
per month by the RECIPIENT on state invoice voucher forms Payment requests are to include
at a minimum Form A19 -1A "Invoice Voucher ", Form B "Running Budget Summary", Form C
"Voucher Support" and Form D "Contractor Participation Report" (if applicable)
Recipients will prepare the billing forms by object of expenditure (salaries/benefits, travel,
goods /services, etc) Back -up invoices of expenses should be included with the billings
Page 7 of 15
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
For the administration of this agreement the RECIPIENT shall follow the "Administrative
Requirements for Recipients of Ecology Grants and Loans ", current edition
Ecology forms are contained in the "Administrative Guidelines for Recipients of Ecology Grants
and Loans" and must be used for payment requests, otherwise requests will be returned to the
RECIPIENT for submittal on the correct forms Electronic copies of these forms and the
"Administrative Requirements for Recipients of Ecology Grants and Loans" ( "Yellow Book")
are available at Ecology's websites
Forms- http / /www ecy wa gov/biblio /9118a html
Yellow Book- http / /www ecy.wa.gov/biblio /9118 html
Light Refreshments Light refreshments are an eligible expense in accordance with Ecology's
guidebook, "Administrative Requirements for Recipients of Ecology Grants and Loans ", current
edition.
Payment Terms
ECOLOGY will issue payments of grant funds within 30 days of receipt of properly completed
invoice vouchers, progress reports, and when approved by the Ecology Project Lead for this
grant.
Final payment requests are payable contingent on receipt of the final products and deliverables of
grant.
Upon completion of the project, unused grant dollars will be returned to the Department of
Ecology for use on other eligible projects
A written report of activities must accompany all payment requests
SPECIAL TERMS and CONDITIONS
1. DATA STANDARDS AND DATA SHARING
Data sharing and access is an important consideration for grant recipients Data collected under
grants should be available to secondary users and for future comparative analyses It is a
requirement that grant recipients submit monitoring data to Ecology's Environmental
Information Management (EIM) database at http: / /www.ecy.wa.gov /eim/ to store and
access their data on the Internet. Data is submitted to EIM using online data submittal tools
available at. h�tt / /www ecy wa ov /eim/ Additionally, grant recipients may choose to develop
their own databases, and these tools also provide a good model for data standards.
Having many stand -alone databases can make data sharing difficult, but steps are being taken at
the national level to improve data sharing Since 1998 the U S Environmental Protection
Agency (EPA) and the States have been working in partnership to improve access to
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Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
environmental data This has lead to the concept of the "Network Node," a place in cyberspace
where environmental data can be uploaded and shared using common data exchange templates
Washington State has, along with Oregon, Idaho, and Alaska, successfully developed a prototype
Websrte where environmental data from all four states can be searched and downloaded
It is known as the Pacific Northwest Water Quality Data Exchange and is available at
http //deg12 deq state or us/pnwwq
QUALITY ASSURANCE PROJECT PLAN (QAPP)
IF this project involves the collection of environmental measurement data, the Recipient
will prepare a QAPP plan to ensure the consistent application of quality assurance
principles to the planning and execution of all activities involved in generating this data It
is highly recommended that projects involving the use of existing environmental data adhere to
these requirements The plan shall be conducted in accordance with the DEPARTMENT'S
Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental
Studies current edition, (Ecology Publication No 04 -03 -030) The plan must describe the
monitoring and data quality objectives, procedures, and methodologies which will be used to
ensure that all environmental data generated will meet these requirements The size and
complexity of the plan should be cost effective and in proportion to the magnitude of the
sampling effort The QA/QC report shall contain all fourteen elements discussed in the QAPP
guidance document Ecology's Project Officer shall review and approve this plan prior to
initiation of work
The QAPP will cover the following elements
• Title Page with approvals
• Table of contents and distribution list
• Background
• Project Descnption
• Organization and Schedule
• Quality Objectives
• Sampling Process Design
• Sampling Procedures
• Measurement Procedures
• Quality Control
• Data Management
• Audits and reports
• Data verification
• Data Usability Assessment
On -line guidance for these topics is available at
http. / /www ecy wa gov/biblio /0403030 html
AAOAPP template available for use by grantees can be found at.
http / /www ecy wa gov/ programs /eap /aa/ docs/ QAPPtool /Mod2 %20Template /module2 pdf
Page 9 of 15
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
For additional information og to http / /www ecy wa og y//programs /eap/ga
Water samples requiring bench testing shall be analyzed by an environmental laboratory
accredited by the DEPARTMENT A list of DEPARTMENT accredited laboratories and
information on laboratory accreditation is provided on the Environmental Assessment Program
websrte, currently available at
Http / /www ecy wa oy /programs /eap /labs /labs main html
<httP / /www ecy.wa gov/pro rg ams /ea_p/labs /labs main html
3. COORDINATION WITH ECOLOGY'S GEOGRAPHICAL INFORMATION
SYSTEM (GIS)
IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS
office in an effort to promote compatibility and to encourage sharing of geospatial data To
facilitate data sharing, the Department utilizes the following standards:
Ecology's GIS Standards
ESRI's ARC /INFO Current version
ESRI's ArcView Current Version
Horizontal Datum NAD 83 HARK
Vertical Datum NGVD 88
Projection System Lambert Conic Conformal
Coordinate System WA State Plane Coordinates
Coordinate Zone 1 South
Coordinate Units US Survey Feet
Accuracy Standard +/ -40 Feet (124,000) minimum accuracy to within
a foot of the true North American datums stem
Vector Import Format ArcExport, DLG and/or DXF, shapefiles
Raster Import Format TIFF, BILBIP, RLC,GRID,ERDAS, SID
Whenever possible, the Recipient is encouraged to utilize the standards listed above when
compiling data To discuss the usage of other standards, please contact Jerry Franklin at 360
407 -7470, Fax 360407-6902, E -Mail jfra461 ,ecywa gov or John Tooley at 360 - 407 -6418,
E -Mail Itoo461(2ecy wa gov for further data sharing and compatibility information
The Recipient shall submit copies to Ecology's Project Officer with complete documentation as
it relates to all digital data, GIS coverages, shape files, related tables and map products
4. STATE ENVIRONMENTAL POLICY ACT (SEPA)
Grant recipients are expected to consider the necessity of a SEPA process in the early stages of
planning or scope development. Please contact your project officer for assistance
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Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
5. IDENTIFICATION OF PROJECT MATERIALS
All reports, maps, and other documents produced by the RECIPIENT, as part of this grant shall
be identified as such All items will be marked on the front cover or title page, or in the case of
maps, the block that contains the name of the Government unit or ECOLOGY with 1) the name
of the RECIPIENT, 2) ECOLOGY'S grant number, 3) Project Title, and 4) date of the report
Also, an acknowledgment of the source of funding, as appropriate, will be included
6. PUBLICATIONS AND BROCHURES
Any publications or brochures required as a product of this agreement shall be bound and
conform to minimum standards of size, 8'/2 x 11" white, recycled paper Photos, illustrations,
and graphs must be of reproducible quality The RECIPIENT shall comply with any additional
specifications as may be outlined in the Scope of Work or confirmed in writing between
ECOLOGY and the RECIPIENT The RECIPIENT is encouraged to implement sustainable
practices where and when possible
7. DOCUMENTS
The RECIPIENT shall provide ECOLOGY with a minimum of three (3) copies of all documents
produced under the terms of this grant unless otherwise specified Two hard copies and one
electronic copy should be provided
8. PROJECT COMPLETION REQUIREMENTS
On completion of the project, the RECIPIENT shall submit the following information and
materials to ECOLOGY
8A Project Completion Report The purpose of this report is to document that the project
and each of its elements has been completed Four (4) hard copies and one (1) electronic
copy of a "Project Completion Report" are required as follows
(1) Summary Account - The Completion Report must include a brief summary
account of the work accomplished under the grant with respect to each of the
surveys, studies, plans, and other tasks listed in the grant or any amendments to that
grant It is also to include a notation of the exhibit or portion thereof containing the
product of that work task
(2) Reports, Maps, Plans, Exhibits, Etc - The Completion Report must include a list
of all reports, maps, plans, and other documents prepared under this grant, indicat-
ing for each whether it is in published or unpublished form as defined in the grant
8B Graphic Record Alternative With respect to models and published maps and plans,
such as aerial maps, maps, and plans which are colored or are too large to fold compactly,
photographs or copies may be submitted instead of the actual maps, models or plans These
photographs or copies need to be 8" x 10" or larger and may be either in color or black and
Page 11 of 15
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
white, whichever is necessary to show the content of the map, model or plan Each such
photograph or copy shall be legibly identified as to the title and scale of the original
document, the municipality, or area covered, and the report or study to which it relates, and
shall contain a notation of the place where the original is located
8C Transmittal of Maps, Plans, Etc The title, the grants number, the municipality or
county, and the report or study to which each map and plan relates shall be indicated on the
outside top fold of such map and plan. All maps and plans transmitted shall be folded to the
size of the report project
81) Data Documentation and Submittal Upon grant completion, all data and data
documentation are to be submitted in accordance with the previously provided formats and
standards, or in formats as previously negotiated in a formal agreement between
ECOLOGY and the RECIPIENT
8E. The Project Completion Report must be submitted with the Final Payment Request and
follow the format provided by ECOLOGY. Final payment will not be made without the
Protect Completion Report.
9. ACCESS TO RECORDS AND RIGHT TO AUDIT
9A. The RECIPIENT agrees that the Auditor for the State of Washington shall, until the
expiration of three (3) years after expenditure of funds under this grant, have access to and
the right to examine any directly pertinent books, documents, papers, and records of the
RECIPIENT involving transactions related to this grant The RECIPIENT agrees to include
the substance of this paragraph into all grants and subcontracts payable from contract funds
in whole or in part
9B. The RECIPIENT agrees that payment(s) made under this grant shall be subject to
reduction for amounts charged thereto which are found after audit examination not to
constitute allowable costs under this grant The RECIPIENT shall refund by check payable
to ECOLOGY the amount of such reduction of payments under completed or terminated
grants.
10. MAINTENANCE OF RECORDS
All required records shall be maintained until a state audit is completed and all questions ansing
there are resolved, or three (3) years after completion of a project, whichever is sooner
11. MINORITY AND WOMEN'S BUSINESS (MWBE) PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned (MBE) and
women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this
agreement
Page 12 of 15
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
Contract awards or rejections cannot be made based on MBE or WBE participation M /WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement initiated
after the effective date of this agreement
a Include qualified minority and women's businesses on solicitation lists
b Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies
c Divide the total requirements, when economically feasible, into smaller tasks or quantities, to
permit maximum participation by qualified minority and women's businesses
d Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses
e Use the services and assistance of the State Office of Minority and Women's Business
Enterprises ( OMWBE) and the Office of Minority Business Enterprises of the U S
Department of Commerce, as appropriate
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms
provided by the DEPARTMENT, payments made to qualified firms Please include the following
information
a Name and state OMWBE certification number (if available) of any qualified firm receiving
funds under the invoice, including any sub - and /or sub - subcontractors
b The total dollar amount paid to qualified firms under this invoice
12. SELECTION OF CONTRACTORS
It will be the responsibility of the Recipient to insure that any and all subs comply with the terms
and conditions of this agreement and that the State of Washington is named as an express third -
party beneficiary of such subcontracts with full rights as such
13. FINANCIAL GUIDELINES
The RECIPIENT shall comply with ECOLOGY'S current edition of the "Administrative
Requirements for Ecology Grants and Loans " The RECIPIENT shall be responsible for
maintaining appropriate financial records throughout the life of the project and in accordance
with these guidelines
14. PAYMENT REQUESTS
Payment will be made to the RECIPIENT for the grant amount upon execution of the grant
agreement and receipt of a signed Invoice Voucher (A19 -1A)
Complete backup documents (to include but not limited to all invoiced costs, time sheets [signed
and dated by both employee and supervisor], etc) MUST be maintained by the RECIPIENT
These expenses will be kept in grant files according to budget task for a period of three years af-
ter project completion and made available at any time for inspection by ECOLOGY
Page 13 of 15
1
Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
15. QUARTERLY REPORTING
The RECIPIENT must send quarterly progress and financial reports, including current
expenditures to ECOLOGY
Quarterly reports shall cover the periods and be due with 30 days following the end of the
q uarter, according to the following schedule, regardless of the grant effective date-
Quarterly Reporting Period Date Quarterly Report is Due
January 1 -March 31 Aril 30
April 1 -June 30 July 30 *schedule may vary with fiscal year
closet
Jul 1 -September 30 October 30
October 1- December 31 January 30
Quarterly reports shall convey essential information in a simple, concise manner through the use
of bulleted summary statements, lists, and tables and include the following:
1 A description of work performed during the quarter
2 Status of protect schedule
3 Financial and funds disbursement status
4. Personnel changes
5 Any difficulties encountered during the quarter
6. Cash Flow Estimate
ECOLOGY reserves the right to terminate this agreement, as specified in paragraph K 1. of the
General Terms and Conditions, for:
1 Failure to comply with quarterly reporting requirements, and
2. Failure to demonstrate satisfactory progress on elements and/or tasks as described in the Scope
of Work
16. AMENDMENTS
A "letter" amendment is a written request by the RECIPIENT to 1) redistribute funds among
budget elements or fund shares, or 2) extend the project completion and expiration dates.
A formal amendment is required for any change to the scope of work or an increase to the total
eligible project cost and is signed by both parties
Amendments are not required for administrative adjustments such as changes in telephone
numbers, addresses, project officers, supervisors, or contact persons for Ecology or the recipient
The recipient must still notify Ecology of these changes
17. FAILURE TO COMMENCE WORK
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Coastal Protection Grant No G 1100253
Between Ecology and the City of Bremerton
In the event the RECIPIENT fails to commence work on the protect funded herein within four
months after the effective date of the grant agreement, or by any date mutually agreed upon in
writing for commencement of work, ECOLOGY reserves the right to terminate this agreement
18. GRANT CLOSEOUT
All products for this project shall be submitted to ECOLOGY on or before September 30, 2011,
or otherwise specified in the Scope of Work
19. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions ", and ECOLOGY'S current
edition of "Administrative Requirements for Recipients of Ecology Grants and Loans ", contains
the entire understanding between the parties, and there are no other understandings or
representations except those set forth or incorporated by reference herein
No subsequent modification(s) or amendments to this agreement shall be of any force or effect
unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and
made a part of this agreement
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY CITY OF BREMERTON
Gordon White Date Patty Lent, Mayor Date
Program Manager City of Bremerton
Shorelands Environmental Assistance Program
Approved as to form only
Assistant Attorney General Federal ID Number 91- 6001231
Page 15 of 15
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees The RECIPIENT shall only use contractor /consultant assistance if that has
been included in the agreement's final scope of work and budget
B. SUBGRANTEE /CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT
F. COMPLIANCE WITH ALL LAWS
1 The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request
2 Discrimination The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible If the agreement is federally- funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses
3 Wages And Job Safety The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and fob
safety
4 Industrial Insurance The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements If the RECIPIENT fads to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K 1, herein
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he /she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder
H. AUDITS AND INSPECTIONS
1 The RECIPIENT shall maintain complete program and financial records relating to this
agreement Such records shall clearly indicate total receipts and expenditures by fund source and task or
object
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures All records shall be kept in a common file to facilitate audits and inspections
1
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT
2 All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and /or make
adjustments accordingly
3 All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder
4 RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A -133,
if the RECIPIENT expends $500,000 or more in a year in Federal funds The $500,000 threshold for
each year is a cumulative total of all federal funding from all sources The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation
Payments may be withheld if required progress reports are not submitted
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31 Reports shall be due within thirty
(30) days following the end of the quarter being reported
J. COMPENSATION
1 Method of compensation Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses Payments shall be made for each taskiphase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer
The payment request form and supportive documents must itemize all allowable costs by
mayor elements as described in the Scope of Work Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans ", part IV, published by the
DEPARTMENT A copy of this document shall be furnished to the RECIPIENT When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement
2 Period of Compensation Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein
3 Final Request(s) for Payment The RECIPIENT should submit final requests for
compensation within forty- five(45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium Failure to comply may result in delayed reimbursement
4 Performance Guarantee The DEPARTMENT may withhold an amount not to exceed ten
percent (10 %) of each reimbursement payment as security for the RECIPIENT's performance Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a
portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is
2
1
reasonable and approved according to this agreement and, as appropriate, upon completion of an audit
as specified under section J 6 herein
5 Unauthorized Expenditures All payments to the RECIPIENT maybe subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT
6 Mileage and Per Diem If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees
7 Overhead Costs No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder
K. TERMINATION
1 For Cause The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and /or
terminate this agreement by giving written notice of termination
A written notice of termination shall be given at least five working days prior to the
effective date of termination In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive dust and equitable compensation for any satisfactory work
completed on such documents and other materials
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington because of
any breach of agreement by the RECIPIENT The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined
2 Insufficient Funds The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K 1 above
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body, Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein
3 Failure to Commence Work In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT
i
M. PROPERTY RIGHTS
1 Copyrights and Patents When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U S C
200 -212
2 Publications When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT, present papers, lectures, or seminars involving information
supplied by the DEPARTMENT, use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc, appropriate credit shall be given to the DEPARTMENT
3 Tangible Property Rights The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans ", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with
respect thereto in the Scope of Work
4 Personal Property Furnished by the DEPARTMENT When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT If said property is lost, stolen or
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property
5 Acquisition Projects The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities
a Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land /or facilities is fair and reasonable
b The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is free from any impediment, lien, or claim which would impair the uses contemplated by this
agreement
6 Conversions Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible These practiceS include use
of clean energy, and purchase and use of sustainably produced products (e g recycled paper) For more
information, see www ecy wa gov /sustainability
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work In the event the RECIPIENT fads, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required
to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform
4
Interest shall accrue at the rate of twelve percent (12 %) per year from the time the
DEPARTMENT demands repayment of funds If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K 2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property
and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible In the event there is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern
The RECIPIENT shall have the right to appeal decisions as provided for below
Q DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his /her personal interest or the interest of any corporation, partnership or
association in which he /she is, directly or indirectly interested, nor shall he /she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof
S. INDEMNIFICATION
1 The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the Scope
of Work
2 To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are declared to
be severable
5
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order (a) applicable Federal and
State statutes and regulations, (b) Scope of Work, (c) Special Terms and Conditions, (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans ", and (e) the General Terms and Conditions
SS -010 Rev 04/04
6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
�esol�4ion rJo 3 rq 5
SUBJECT: Amending Rate Table H relating Study Session Date: May 11, 2011
to BKAT production, membership and rental COUNCIL MEETING Date. May 18, 2011
fees. Department: Finance — BKAT
Presenter: Char Bumette
Phone: 308 -0139
SUMMARY: Rate Table H is being amended to reflect costs associated with production fees, rentals
and memberships.
ATTACHMENTS: Resolution No 3 145 ; Rate Table H
FISCAL IMPACTS (Include Budgeted Amount): There is no budget impact. The proposed rates are
Intended to assist with fee recovery and are dependent on the amount of services requested.
However, the services will have no impact on budgeted staff and supply levels.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY'
FINANCE DIRECTOR:
RECOMMENDED MOTION: Move to adopt Resolution No. 3 1'4' 5 accepting changes in BKAT
Fees listed in Rate Table H.
STUDY SESSION ACTION: (Con a Agenda General Business ED Public Hearing
COUNCIL PRESIDENT: ,
COUNCIL ACTION: ❑Approve F11 Deny Ta e El Continue ❑ No Action
Form Updated 4/1812011
RESOLUTION NO. 3 ! S
A RESOLUTION of the City Council of the City of
Bremerton, Washington, amending rates and fees established in
Rate Table H relating to Bremerton Kitsap Access Television
(BKAT)
WHEREAS, the City Council desires to amend the rates and fees contained in
Rate Table H on file with the City Clerk by this resolution, and
WHEREAS, the City Council also desires to add membership fees to Rate Table
H relating to the Bremerton Kitsap Access Television (BKAT), NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. Rate Tables established Rates and fees for services relating to the
Bremerton Kitsap Access Television (BKAT ) are amended as set forth in the rate table attached
hereto as Table H, incorporated herein by reference
SECTION 2. Rate Tables amended The rate table as adopted and set forth in
Table H is amended as highlighted establishing new rates and fees for BKAT effective May 18,
2011
SECTION 3. Severabzlity If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \Legal \Legal \Ordmances\Finance\2011 Resolution amending BKAT rates doc
1
BKAT Fees
Bremerton Kitsap Access Television (BKAT) RATE TABLE H
All bates are not to Exceed fees)
It Bremerton Kitsap Access Television (BKAT)
r
1. Pre- Production
Equipment Consultation $100.00 per hour
Program Development $100.00 per hour
Research $100.00 per hour
Location $100.00 per hour
Scripting $100.00 per hour
Graphics Development $100.00 per hour
2. Equipment
Studio $25.00 per hour (minimum 2 hours)
3) Production
Set up $100.00 per hour
Production $100.00 per hour
Breakdown $100.00 per hour
* Minimum 2 hours for any productions
4) Post Production
Edit $100.00 per hour
Voice Over $100.00 per hour
5) Training
Studio $100.00
3 hours of camera and director training — max 4 people)
Edit $50.00
5 hours of Apple Final Cut
6) Miscellaneous
Equipment installation $100.00 per hour
Equipment 'Trouble Shooting and Repair $100.00 per hour
DVD Duplication $35.84 (includes tax)
6) Membership (Annual)
Individual Resident $25.00
Individual loon — resident $35.00
Organization — Resident $75.00
Organization — Non Resident $100.00
RENTAL RATES
Field Equipment
Tripod $25.00 Per Hour ($300.00 Deposit)
Light kit $50.00 Per Hour ($300.00 Deposit)
Lavalier Mic $20 Per Hour ($200.00 Deposit)
Video Monitor $25.00 Per Hour ($200.00 Deposit)
Studio Equipment
Studio $50.00 Per Hour ($1,000.00 Deposit)
Lights $25.00
Control Room $50.00
Wireless mics (4) $25.00
Teleprompter $25.00
Misc $10 ea
Tables, chairs, easels, table cloths
i
r
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL &A
SUBJECT: Public Hearing and Ordinance Study Session Date May 11, 2011
No 6141 to vacate an Alley for Olympic COUNCIL MEETING Date: May 18, 2011
College between 13"' and 15"' Streets, West Department PW &U
of Warren Avenue Presenter Gunnar Fridriksson
Phone 473 -2354
SUMMARY: Olympic College has petitioned the City of Bremerton to vacate the alley between I
and 15 Streets, West of Warren Avenue The College is completing campus improvements
including replacement of parking lots to new building construction The new parking lot will
encompass the entire block between 13 and I e Streets, and Broadway and Warren Avenues
rendering the alley useless for access Deferred compensation and fees for this vacation is
requested until the right of way dedication along 13"' Street and Warren Avenue is completed.
ATTACHMENTS: 1 Ordinance No 5149 2 Exhibit A, and 3 Staff Report
FISCAL IMPACTS (Include Budgeted Amount) The compensation for this vacation is estimated at
$92,498 As Olympic college develops new rights of way to be dedicated to the City, the value of
these rights of way will be applied against the $92,498 Olympic College has three years from the
date of execution of this vacation to develop these rights of ways After the three years, any
remaining balance will be paid to the City If the value of the rights of way are greater than the
compensation for the vacation, the City is not obligated to make any payment to Olympic College
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to pass Ordinance No S'141 to vacate an Alley for Olympic College between 13"' and 15"'
Streets, West of Warren Avenue
STUDY SESSION ACTION: r, _j Consen77-n/r
a El General Business Public Hearing
COUNCIL PRESIDENT '
COUN CIL ACTION: ❑ Approve ❑ Deny ❑ able ❑ Continue ❑ No Action
Form Updated 4/18 /2011
ORDINANCE NO. _. ._
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of an alley
between 13 Street and 15 Street, West of Warren Avenue in the
City of Bremerton
WHEREAS, Olympic College has petitioned the City to vacate the alley to
construct a new parking lot, and
WHEREAS, the City passed Resolution No 3137 setting a hearing date to
consider the vacation of an alley for Olympic College between 13 and 15` Streets, West of
Warren Avenue, to take public comment or consider written objections to the vacation, and
WHEREAS, fewer than fifty percent of the property owners abutting said right -
of -way filed written objections to this action prior to the time set for public hearing herein, and
WHEREAS, a public hearing was held with proper notice on May 18, 2011, in the
City Council Chambers of the Bremerton City Hall to take public comment or consider written
objections to the vacation; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation, and
WHEREAS, this is a Class 1, Class II and Class III right of way and
compensation is required in accordance with BMC 1120 140, and
WHEREAS, Olympic College, as a government entity, requested a waiver of
compensation and fees under BMC 11 20.140 E, and
WHEREAS, the City Council has determined that such a waiver is not in the
public's interest and advantage but that provisions for deferring compensation and fees are
appropriate, and
WHEREAS, Olympic College has requested to defer compensation and fees for
the alley vacation in accordance with BMC 1120 140(D) for rights of way intended to be
dedicated to the City by Olympic College along 13 Street and Warren Avenue, and
WHEREAS, the value of these future dedicated rights of way may exceed the
compensation for the alley vacation, and
WHEREAS, Olympic College intends to request the vacation of additional rights
of way within the college campus; and
WHEREAS, Olympic College intends to seek an agreement with the City to apply
1
Vacation —Alley between 13` and 1 5th Streets,
West of Warren Avenue
the value of any dedicated rights of way in excess of the compensation owed to the City for this
alley vacation to compensate for future rights of way that may be vacated at the college's
request, and
WHEREAS, the City Council finds it appropriate to reserve certain easements
within the area to be vacated until such time as new easements are granted by Olympic College
to replace the City's reserved easements, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION]. Recitals The foregoing recitals are incorporated as if fully set
forth herein
SECTION Vacation The alley between 13` Street and 15 Street, West of
Warren Avenue in the City of Bremerton, as described in Exhibit A, which is attached and
incorporated herein by this reference, is hereby vacated to the abutting property owners subject
to the following conditions
(a) Compensation for this vacation as set forth in Section 3 below
(b) Reservation of easements as set forth in Section 4 below
SECTION 3. Compensation
(a) Compensation for this vacation, calculated to be $92,498 00, shall be paid to the
City by Olympic College, in money or dedicated right of way, or both, as set forth in this Section
3
(b) Deferred compensation and fees for this vacation has been requested by Olympic
College because it anticipates dedication of rights of way to the City in the future
(c) The City agrees to defer compensation for up to three years from the date of
adoption of this Ordinance The deferral of compensation shall not delay the effective date or
recording of this Ordinance
(d) As new rights of way are dedicated to the City, the value of the dedicated rights of
way will be applied against the $92,498 00 compensation The dedicated rights of way shall be
valued using the same per square foot value as the Class I right of way vacated under this
Ordinance
(e) The City and Olympic College shall maintain a ledger accounting for 1) the value
of all rights -of -way dedicated to the City by Olympic College after the date of this Ordinance, 2)
the balance of compensation remaining to be paid by Olympic College for the right of way
vacated by this Ordinance, and 3) the value of any dedicated right of way in excess of the
compensation owed to the City under this Ordinance
(f) If Olympic College has not, within three years of the effective date of this
ordinance, dedicated rights of way to the City with a value of $92,498 00 or more, Olympic
College shall pay the City the remaining balance of compensation
(g) If the value of dedicated rights of way is greater than the $92,498 00 in
compensation owed for this vacation, the City is not obligated to make any payment to Olympic
College. However, any such excess right of way value may be applied under BMC 1120 140(D)
as compensation for future right of way vacations that may be requested by Olympic College
within three years of the effective date of this ordinance
2
Vacation — Alley between 13` and 15 Streets,
West of Warren Avenue
SECTION 4. Reservation of Easements
(a) An easement is reserved to serve the two single family properties at 1334 and
1338 Broadway, for ingress and egress within the area vacated pursuant to this ordinance
(b) An easement is reserved for Comcast for operation, maintenance and repair of
services within the area vacated pursuant to this ordinance
(c) An easement is reserved for Puget Sound Energy for operation, maintenance and
repair of existing services and appurtenances within the area vacated pursuant to this ordinance
(d) Olympic College intends to grant access easements to the two single family
properties at 1334 and 1338 Broadway for ingress and egress across the property of Olympic
College (the "Substitute Residential Access Easements ") that will replace the access easement
reserved above Upon recording of and delivery to the owner(s) of the properties benefited by
the Substitute Residential Access Easements, the easements reserved in Section 4, paragraph (a)
shall be automatically terminated with no further action required by the City or any other party
(e) Olympic College intends to grant utility easements to Comcast and to Puget
Sound Energy for operation, maintenance and repair of services within the area vacated pursuant
to this ordinance (the "Substitute Utility Easements ") The Substitute Easements shall require the
approval and consent of the benefiting utility. Upon recording of the Substitute Utility
Easements, with the required consent and approval, the easements reserved in this Section 4,
paragraphs (b) and (c) shall be automatically terminated with no further action required by the
City or any other party
SECTION S. Vested Rights No vested rights shall be affected by the provisions
of this ordinance
SECTION 6. Severabahty If any one or more section, 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 7 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 5 2011
WILL MAUPIN, Council President
Approved this day of 9 2011
PATTY LENT, Mayor
3
Vacation — Alley between 13` and 1 Y h Streets,
West of Warren Avenue
ATTEST APPROVED AS TO FORM
CAROL ETGEN, Clay Clerk ROGER A LUBOVICH, City Attorney
PUBLISHED the day of 9 2011
EFFECTIVE the day of , 2011
ORDINANCE NO
R \Legal\Legal\OrdmancesTublic Works & Utilities \Olympic College Alley Vacation doc
4
Vacation —Alley between 13` and 15' Streets,
West of Warren Avenue
NW CORNER LOT 5
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1
EXMff A
Portions of the SE 1/4 of the NE 114
Section 14, T 24 N, R 1 E, W.M
City of Bremerton, Kitsap County, Washington
STREET VACATION REQUEST FOR ALLEY BOUNDED BY 13 AND 15
STREETS — BROADWAY AND WARREN AVENUES
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: May 18, 2011
PREPARED BY: Gunnar Fridriksson
SUMMARY
Applicant Olympic College
c/o David C Mitchell
1600 Chester Avenue
Bremerton, WA 98337
Location Alley bounded by 13 and 15 Streets, and Broadway and Warren
Avenues, lying in the east half of Tract 7 of the Plat of Warren Smith's
Acre Tracts as recorded in Volume 2, of the book of plats, Page 51,
records of Kitsap County, Washington
BACKGROUND
Olympic College is currently completing campus improvements including replacement of
parking lots to new building construction The new parking lot will encompass the entire
block between the above mentioned streets rendering the alley useless for access
While there is an existing alley in place between 13 and 15 Streets, it is not within
continuous right of way between the two streets There are three separate parcels
shown as right of way divided by private property
The majority of the central portion of the alley was conveyed by Warranty deed in
January 1920 from E J and Minnie McCall, Kitsap County Auditor File #104413 to the
City of Bremerton and is Class I right of way The remaining central, northerly and
southerly portions of the alley were created by deed exceptions from the adjacent
private properties As such these portions of the alley are Class 11 right of way Usage
of the private property for the alley would be by prescriptive use and would be classified
as Class III right of way
RIGHT OF WAY CONDITIONS
• Functional Classification Local Access
• Existing R -O -W Width Varies — 0 to 14 feet
• Proposed R -O -W Width N/A
• Pavement Width 10 foot
• Surface Type Asphalt mostly, portion
gravel
• Curb and Gutter No
February 2011
Alley bounded by 13 15 Streets and Warren /Broadway Avenues
Page 1 of 4
• Sidewalks No
HEARING CONSIDERATIONS
BMC 1120 120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing These issues and the staff position are
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position
Alley is no longer needed as surrounding properties will become part of campus
parking lot The two remaining residences will be served by an easement
through the new parking lot
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position
The proposed vacation does not conflict with the Comprehensive Plan
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position
The improvements will reduce the City's maintenance responsibility in this area
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position
No other thoroughfare would improve circulation in this area
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position
No — property will remain vested with the College
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position
No objections have been received by staff There are two remaining residential
properties in the block and Olympic College is retaining an easement for them
across the new parking lot for access
SHORELINE ACCESS
This portion of right -of -way does not provide shoreline access
February 2011
Alley bounded by 13 /15 Streets and Warren /Broadway Avenues
Page 2 of 4
UTILITIES
All private utility companies were contacted Comcast and PSE will retain an easement
for servicing the two remaining residences No City utilities are currently existing in the
alley, so no easement is required for the City of Bremerton Easements may be
released upon arrangements made for utility relocations
SUFFICIENCY OF SIGNATURES
Olympic college owns 94% of the adjacent properties
COMPENSATION
This vacation a mixture of Class I, Class II and prescriptive use or Class III right -of -way
as defined in City of Bremerton Ordinance 4664 The Class I right of way is 3,556
square feet and the Class II right of way is 4,450 square feet No compensation is
owing for Class III right of way Total compensation using 2011 Kitsap County value
assessments from the adjacent parcels will be
Class I Right of Way 3,556 sq ft x $16 /sq ft = $56,898
Class II Right of Way 4,450 sq ft x (0 5) x $16 /sq ft =$35,600
TOTAL $92,498
Olympic College has requested the City to defer compensation and fees for this
vacation in accordance with BMC 11 20 140(D) for right of way to be dedicated along
13 Street and Warren Avenue Staff supports this request and compensation should
be deferred until the dedication is completed with a time limit of three (3) years from
passage of this vacation ordinance Should dedications not be completed in this time,
the full amount owing will become due
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal
Staff recommends that this Street Vacation be approved as requested
February 2011
Alley bounded by 13 /15 Streets and Warren /Broadway Avenues
Page 3 of 4
AM.
C4
"X 4
z
ZZ
17-
Looking northerly from 13 Street up alley
o
ft 14
AO
4
Looking southerly from 15 Street down alley
February 2011 Ih Ih
Alley bounded by 13 Streets and Warren/Broadway Avenues
Page 4 of 4
perfecting
theCUSTOMER
eXperience
Qwest Corporation
Daniel O'Toole
Senior Design Engineer
6116" St
Bremerton, WA 98337
Office (360) 478 -4423 Facsimile (360) 478-4401
June 29, 2010
Emily Doe, Assoc, AJA, LEER AP
Smith Tower
5062 nd Ave, Suite 700
Seattle,WA 98104
RE Vacation of Alleyway
Dear Emily Doe,
Reference is made to your request for Qwest Corporation (F K A US WEST Communications)
to vacate the existing Bremerton City Right -of -Way running North and South between Warren
Ave and Broadway Ave from 13 St to 15 St all of which is situated on Olympic College
Property, located in the City of Bremerton, County of Kitsap, State of Washington Qwest has no
need to use the described Right -of -Way at this time and have no plans to utilize that area in the
future, Based upon this we have no objections to the requested Right -of -Way vacation
Please call me if you have any questions
Sincerely,
`.van 0.1 ao&
amt a nununkatiaa6
Sewn Deli" Enghte"
611 6th St, `.13umextaa, Wa 98337
360 -478 -4423
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL (Ole
■ seeeeeeeseeeeeoeeoe00000eoe000eeeeeeeee00000eeeeeeeeeeeeeeeeeeeeoeooeeoeeeeeee000eeeee
SUBJECT: Public Hearing and passage of Study Session Date 5/11/2011
Resolution No 514A adopting the 2012 COUNCIL MEETING Date 5/18/2011
Coordinated Grant Application Department. DCD — Block Grant
Presenter* M Vila / D McIntyre
Phone (3(QO ) 473 - 5375
SUMMARY:
The City of Bremerton Block Grant Program has joined with Kitsap County Block Grant and KRCC
Homeless and Affordable Housing Grant Programs to develop and present the 2012 Coordinated
Grant Application The application document also includes schedule, estimated funding available,
resources, instructions and procedures for applying.
ATTACHMENTS:
1 Staff Memo
2 Resolution with Exhibits 40. 31+L
Exhibit A 2012 Coordinated Funding Application
FISCAL IMPACTS (Include Budgeted Amount) none
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to pass resolution No 3 �q adopting the 2012 Coordinated Grant Application
STUDY SESSION ACTION: ❑ Co t Agenda ❑ General Business Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
DEPARTMENT OF
COMMUNITY DEVELOPMENT
i
I' r� MEMORANDUM
To: City Council
From: Mane Vila, CDBG /HOME Administrator
Date: May 11, 2011
Re: 2012 City of Bremerton/Kitsap County CDBG/HOME Coordinated Grant Application
The 2012 Coordinated Grant Application is the result of an overall restructuring of the City's
CDBG /HOME grant application process for 2012 the City will be conducting a Coordinated Grant
Application process in cooperation with Kitsap County Block Grant and KRCC Homeless and
Affordable Housing Grant programs
In addition to the actual application forms, the 2012 Coordinated Grant Application packet
includes basic eligibility guidance, estimated available funding, and the grant cycle schedule Also
included is detailed information on how to complete and submit an application, how application
review and recommendation is conducted, and considerations for an agency that is awarded
funds The Application is presented with form -by -form instructions, and other helpful resources for
the applicant
Opportunities for Technical Assistance are ample A Mandatory Technical Assistance meeting will
be held on May 26 one -on -one technical assistance is available by request through July 8"', and
any agency may request a Pre - Submittal Application review through July 8 to ensure that their
application is complete pnor to submission As always, late or incomplete application will be
disqualified
A 30-day public comment period, commencing April 18, 2011, was advertised in the Kitsap Sun
and Kitsap Newspaper Group All comments received from the public by May 18, 2011, will be
provided to City Council for consideration The 2012 Coordinated Grant Application will be
presented to City Council for adoption in a public hearing scheduled for May 18, 2011
i
RESOLUTION NO. 31
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2012 Coordinated Grant
Application
WHEREAS, the City of Bremerton is an entitlement community which receives a
Community Development Block Grant (CDBG) each year from the Department of Housing and
Urban Development, and also receives funding from HUD's Home Investment Partnerslups
(HOME) fund via an inter -local agreement with Kitsap County; and
WHEREAS, the City of Bremerton conducts a competitive annual process to
determine allocation of CDBG and HOME funds, and
WHEREAS, the Department of Community Development CDBG/HOME staff
has joined with Kitsap County Block Grant and KRCC Homeless and Affordable Housing Grant
Programs to develop a coordinated grant application and allocation process; and
WHEREAS, the coordinated grant application includes information including
application schedule, estimated funding available, application instructions and procedures, and
resources for obtaining technical assistance; and
WHEREAS, the Department of Community Development CDBG/HOME staff
advertised in the Kitsap SUN and posted on the City's website on Monday, April 18, 2011, and
in the Newspaper Group on Wednesday, April 15, 2011 a 30 -day written public comment period
commencing April 18, 2011 and ending in a public hearing on Wednesday, May 18, 2011; and
WHEREAS, no comments were received during the advertised public comment
period, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
_ SECTION L The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herem
SECTION 2. The 2012 Coordinated Grant Application attached hereto as
Exhibit A is hereby adopted
SECTION 3. Severabikty If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
1
2012 CDBGIHOME Policy Plan
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington thus
day of , 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST.
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \Legal \Legal\Resolutions \Community Development\2012 Coordinated Funding Application doc
2
2012 CDBGIHOME Policy Plan
I
DRAFT
O, • G A 9 w k'ASNIN TON
City of Bremerton /Kitsap County Coordinated Grant Process
------- 2 ® c G r an t Appli cation _
Community Development Block Grant Program
HOME Investment Partnership Program
Affordable Housing Grant Program
Homeless Housing Grant Program
GENERAL INFORMATION
2012 Funding Allocation Schedule 2
About the Funding 4
Eligible Activities 4
Eligible Applicants 6
Funding Priorities 7
Funds Available 9
2012 Proposed Distribution of City of Bremerton CDBG Funds 10
2012 Proposed Distribution of City of Bremerton HOME Funds 10
2012 Proposed Distribution of Kitsap County CDBG Funds 10
2012 Proposed Distribution of Kitsap County HOME Funds 11
2012 Proposed Distribution of Affordable Housing Grant Funds 11
2012 Proposed Distribution of Homeless Housing Grant Funds 11
Where to Submit Applications 12
What is a Complete Application? 12
Assistance with the Application 12
Application Review and Rating Process 12
Grant Recommendation Committee (GRC) 13
HUD Income Limits 15
If Your Agency is Awarded Funds 15
2012 COORDINATED GRANT APPLICATION AND INSTRUCTIONS
Introduction 17
Types of Applications 17
Application Components 17
Application Instructions 17
2012 Coordinated Grant Application Worksheet 19
2012 COORDINATED GRANT APPLICATION INSTRUCTIONS
General Instructions 22
Application Form 22
Narrative Questions 22
Attachment A 22
Attachment B 23
Attachment C 24
Attachment D 24
Attachment E 25
Permanent Housing Attachment 26
Homeownership Attachment 26
Rental Housing Attachment 26
APPLICATION FORM
Project Information 29
Agency Information 29
Description of Project 29
Agreement and Signature 30
Narrative Questions 31
Attachments A, B, C, D, and E
Appendix A — Census Tract Map
Appendix B — City of Bremerton Slum and Blight Zones
Appendix C — Glossary
Appendix D — Budget Instructions
This Page Intentionally Blank
,IT.
I
City of Bremerton /Kitsap county 00. �,0'�
t m
2012 coordinated Grant Application _ MM
Staff Contacts N'ASMINGTON
City of Bremerton CDBG /HOME
http: / /www.ci .bremerton.wa.us /display.php =864
Mailing Address. City of Bremerton
Department of Community Development
345 6"' Street, Suite 600
Bremerton, WA 98337 -1873
Staff Contacts Marie Vila, Program Administrator, City of Bremerton
(360) 473 -5375
mane vda @cl.bremerton wa.us
Doug McIntyre, Program Specialist, City of Bremerton /Kitsap County
(360) 473 -5211 / (360) 337 -7284
doug.mcmtyre @ci.bremerton.wa.us / dmunWre @co.kitsap.wa.us
Kitsan County CDBG /HOME
http. / /www.latsapgov. /hr/ block—grant —program /block —grant —program.htm
Mailing Address. Kitsap County Block Grant Office
Department of Community Development
345 6"' Street, Suite 400
Staff Contacts Bonnie Tufts, Program Manager, Kitsap County
(360) 337 -4606
btufts (&co.kitsap wa us
Shannon Bauman, Block Grant Planner, Kitsap County
(360) 337 -7272
sbauman@)cw.kltsap wa us
Shirley Rodney, Program Specialist, Kitsap County
(360) 337 -7285
srodney @co kitsap.wa.us
Affordable Housing Grant Program/ Homeless Housing Grant Program
http: / /www.latsapregionalcouncil org /housing_hhaa.php and
http. / /www.latsapregionalcouncii.org /housing_ohfa.php
Mailing Address Housing Grant Programs
Kitsap Regional Coordinating Council
PO Box 1934
Kingston, WA 98345
Staff Contact Kirsten Jewell, Manager, Housing Grant Programs
(360) 377 -4900
kirsten@)kitsapregionalcounal org
2012 Coordinated Grant Application and Policies 1
2012 Funding Allocation Schedule
Monday 4/18/2011 Advertise Availability of 2012 Draft Policy Plan and Joint Application
Packet Ad to be placed in The Sun www ci bremerton wa u
Present Proposed 2012 Policy Plan and Joint Application Packet at
Wednesday 5/11/2011 Bremerton City Council Study Session, City Council Office, Suite 600
5 OOPM
Wednesday 5/18/2011 Comment period closes
Bremerton City Council Public Hearing on 2012 Policy Plan and Joint
Wednesday 5/18/2011 Application Packet, NDGC 1S Floor Council Chambers, 345 6th Street,
5 30 PM
Kitsap Regional Coordinating Council Public Hearing on 2012 Policy Plan
Tuesday 5/2412011 and Joint Application Packet, NDGC Council Chambers, 345 6th Street,
8 AM
Final 2012 Policy Plan and Application Packet Available
Wednesday 5/25/2011 www ci bremerton wa us, www co kitsap wa.us,
www kitsapregionalcouncil org, or at Bremerton Block Grant, County Block
Grant and KRCC offices
Technical Assistance Meeting (mandatory) — Norm Dicks Government
Thursday 5/26/2011 Center Meeting Chamber, 345 6 th Street, 1st Floor, Public Service 9-
1lam, Capital 1 -3pm
5/26/2011- One -on -one Pre - Submittal Assistance available (by appointment only)
7/08/11
Friday 7/8/2011 Application Pre - Submittal Assistance period closes
Joint Funding Applications Due: submit to Kitsap County Block
Friday 7/15/2011 Grant office, 345 6th Street, Suite 400, by 4:30 pm. (Postmark is
not acce table
Mon-Friday 7/18/2011 - Staff Technical Review
y 8/10/2011
Tuesday 7/26/2011 Grant Recommendation Committee (GRC) member appointments
Wednesday 8/3/2011 City of Bremerton Council date for GRC member appointments
Thursday 8/11/2011 GRC Member Orientation, distribute applications to GRC for review City
Council Chambers, 345 6th Street, 6th Floor
Wednesday 8/24/2011 Staff Reports to GRC members
Tuesday 9/6/2011 GRC Training / Interviews Preparation
Tuesday- 09/07/2011 Capital /HOME GRC Interviews
Fri —9/09/2011 Public Service GRC Interviews
Tues - 09/12/2011 Capital /HOME GRC Interviews and deliberation
Thurs —9/15/2011 Public Service GRC Interviews and deliberation
Tuesday 9/20/2011 GRC Reunion to approve Funding Recommendations w sources
2012 Coordinated Grant Application and Policies 2
Thursday 9/22/2011 Funding Recommendations to KRCC for 9/27/11 meeting
Publish Draft Action Plan in Kitsap Sun and announce opening 30-day
Friday 9/23/2011 Public Comment period, funding recommendations posted on City, County
and KRCC websites
Tuesday 9/27/2011 Kitsap Regional Coordinating Council — Public Hearing to present Kitsap
Joint Funding Recommendations
Tuesday 10/5/2011 Bremerton City Council Public Announcement of Draft Action Plan
availabili
Wednesday 10/26/2011 Present Proposed 2012 Funding Recommendations at City Council Study
Session, NDGC City Council Office, 345 6 St, 6 Floor, 5 OOPM
Tuesday 11/1/2011 Kitsap Regional Coordinating Council action on Kitsap Joint Funding
Action Plan (prior to Health District Meeting)
Bremerton City Council Hearing on Kitsap Joint Funding
Wednesday 11/2/2011 Recommendations, NDGC 1S Floor Council Chambers, 345 6�' Street,
5 30PM
Monday 11/15/2011 Annual Action Plan to HUD
Wednesday 1/1/2012 Program Year Begins
2012 Coordinated Grant Application and Policies 3
About the Funding
The Coordinated Grant Application Process brings together four separate funding sources into one common
application. A brief description of the funding sources is listed below For more detailed information please
go to the CDBG /HOME Policy Plan or the AHGP /HHGP Policy Plans
Community Development Block Grant
The Community Development Block Grant (CDBG) program is a flexible program that provides communities
with funding to address a wide range of unique community development needs The program is authorized
by Title I of the Community Development Act of 1974. Funds are used to assist in the development of
decent housing, create suitable living environments, and expand economic opportunities primarily for
persons of low and moderate income All projects funded with CDBG must meet one of the three national
objectives.
1. Principally benefit low and very low income households;
2. Reduce or prevent slum and blight; or,
3 Meet an urgent need
HOME Investment Partnership Program
The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and
Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important
changes to the Program. The intent of the HOME Program is to:
• expand the supply of decent, safe, sanitary, and affordable housing,
• strengthen the abilities of state and local governments to provide housing,
• expand the capacity of nonprofit community based housing development organizations, and,
• leverage private sector participation in financing affordable housing
Homeless Housing Grant Program
The Washington State Engrossed Second Substitute House Bill (ESSHB) 2163 Homeless Housing Grant
Program was enacted in Washington State on August 1, 2005 The law created a document recording fee
on certain documents to be utilized by local Jurisdictions to reduce homelessness. Administration of the
grant funds are shared between local governments and the state. Eligible uses of the funds are broad as
long as the program funded addresses homelessness through housing and /or services.
Affordable Housing Grant Program
Affordable Housing for All Grant funds came about via Substitute House Bill 2060 which became law in
Washington State on June 13, 2002. The law created a document recording fee on certain documents to be
utilized for low -- income housing
Eligible Activities
Community Development Block Grant
Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201- 570.207. A list of some
of the activities follows.
• Acquisition of real property by purchase, lease or donation
• Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and
improvements
• Code enforcement in deteriorated or deteriorating areas
• Clearance, demolition and removal and rehabilitation of buildings and improvements
• Removal of material and architectural barriers
• Public services (including labor, supplies and materials) including but not limited to those
concerned with employment, crime prevention, child care, health, drug abuse, education, energy
conservation, welfare or recreation needs
2012 Coordinated Grant Application and Policies 4
• Planning activities
• Assistance to Community Based Development Organizations (CBDO) to carry out projects
• Assistance to carry out economic development projects
• Housing services such as housing counseling and energy auditing
• Assistance to facilitate and expand homeownership opportunities for low and very low income
people
• Lead based paint hazard evaluation and reduction
The following activities generally are not eligible for CDBG funding:
• New residential housing construction, except in special circumstances
• Regular government operations
• Buildings such as city halls, police stations, or other buildings primarily for the general conduct of
government (except for the removal of architectural barriers)
• Income payments such as payments to individuals or families for food, clothing, or rent, except in
certain circumstances
• Political activities
• Vehicles and Equipment
HOME Investment Partnership Program
The Eligible activities are defined in the HOME program regulations at 24 CFR 92.205. A list of some of the
activities follows.
• Rehabilitation of residential property where property is fully repaired
• New construction of residential property
• Acquisition of residential property
• Rental assistance payments to tenants
• Relocation associated with an eligible HOME project
• A small part (up to 5 %) of the Kitsap County HOME funds may be used to help pay the operating
expenses of designated Community Housing Development Organizations (CHDOs) within the
guidelines established by HUD
The following activities generally are not eligible for HOME funding.
• Project reserve accounts, except for the initial 18 months of a HOME assisted new construction
project
• Emergency home repair programs
• Public housing units
• Commercial properties
• Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be considered
rental housing
• Project based tenant assistance
Note. The above bsts are not comprehensive. For a complete list of eligible or Ineligible activities refer to
HOME regulations in 24 CFR 92.205
Homeless Housing Grant Program
Eligible activities are defined in the legislation for Washington State Engrossed Second Substitute House Bill
(ESSHB) 2163. A list of some of the activities follows.
• Rental and furnishing of dwelling units for the use of homeless persons,
• Costs of developing affordable housing for homeless persons, and services for formerly homeless
individuals and families residing in transitional housing or permanent housing and still at risk of
homelessness;
• Operating subsidies for transitional housing or permanent housing serving formerly homeless
families or individuals,
2012 Coordinated Grant Application and Policies 5
• Services to prevent homelessness, such as emergency eviction prevention programs including
temporary rental subsidies to prevent homelessness,
• Temporary services to assist persons leaving state institutions and other state programs to prevent
them from becoming or remaining homeless;
• Outreach services for homeless individuals and families,
• Development and management of local homeless plans including homeless census data collection;
identification of goals, performance measures, strategies, and costs and evaluation of progress
towards established goals;
• Rental vouchers payable to landlords for persons who are homeless or below thirty percent of the
median income or in immediate danger of becoming homeless, and
• Other activities to reduce and prevent homelessness as identified for funding in the local plan.
Affordable Housing Grant Program
Eligible activities are defined in the legislation for Substitute House Bill 2060. A list of some of the activities
follows.
• Provide funding for operating and maintaining emergency shelters,
• Provide funding for operating and maintaining housing (including transitional housing) that is
eligible for WA State Housing Trust Fund grants. [Note that the WA State Housing Trust Fund
requires that facilities serve the target population for at least 40 years.];
• Provide funding for capital projects serving persons at or below 50% median income for at least 25
years, including.
• Provide funding to build new single -family housing units, including duplexes, multifamily
housing, and single room occupancies.
• Budd emergency or youth shelters;
• Budd group homes or special -needs housing;
• Provide funding to rehabilitate housing (repair /replace roofs, walls, electrical systems, doors,
floors, cabinets, ceilings, bathrooms, etc.);
• Acquisition of housing,
• Acquisition of land for future housing,
• Payment of soft costs (not bricks /mortar) associated with housing development.
• Provide short-term rental /mortgage assistance consistent with the requirements of the 2060
legislation
Eligible Applicants
Community Development Block Grant and HOME
Eligible applicant/recipients include
• City or County governments
• Public and private nonprofit organizations (501(c)3)
• Section 301(d) small business investment companies
• Local development corporations
• Private profit organizations may implement certain economic development and microenterpnse
activities
• Faith based organizations
Additionally applicants must.
• Demonstrate an active governing body or board of directors with skills and experience to provide
leadership and direction to the agency.
• Demonstrate the legal, financial, and programmatic ability to administer the proposed project; and,
• Meet the County/City requirements for contracting agencies such as insurance requirements, audit
and financial requirements.
2012 Coordmated Grant Application and Policies 6
Y
r
Affordable Housing/ Homeless Housing Grant Programs
Eligible recipients of the funding from SHB 2060 shall be public housing authorities, IRS - certified non - profit
agencies /providers of affordable housing, Cities, Towns, the County, Tribes, and for - profit developers
Funding Priorities
Each grant program in the Coordinated Application has different funding priorities. Some of these priorities
are based on legislated mandate, and others are derived through community input
CDBG and HOME
The priorities for CDBG and HOME funds are outlined in the 2011 -2015 City of Bremerton and Kitsap
County Consortium Consolidated Plan The five priority needs identified in the Plan are
1. Housing
2. Non - Homeless Special Needs Housing
3 Homeless
4. Community Development
5 Economic Development
The Plan provides objectives and strategies for how our community will meet the Priority Needs and will be
used to guide funding allocations, all projects must meet at least one objective and strategy. More detail
can be found in the City of Bremerton /Kitsap County CDBG /HOME Policy Plan.
AHGP and HHGP
The Affordable Housing Grant Program and Homeless Housing Grant Program funding priorities are
determined annually through a collaborative process of the Kitsap Continuum of Care Coalition and the
Kitsap Housing Funders Leadership Group, and approved by the Kitsap Regional Coordinating Council
AHGP priorities are determined by type of housing allowed in the legislation. HHGP priorities must be
consistent with the Kitsap Homeless Housing Plan.
2012 AHGP and HHGP priorities are expected to be approved at the May 24, 2011 KRCC meeting and will
then be incorporated into the final application The priorities are available for public comment beginning on
April 24, 2011 and can be viewed at the KRCC's website at
http : / /www.la s ormionalcouncii.o[g /housing hhaa.pho and
http://www kitsagregionalcouncd org /housing ahfa pho
2012 Coordinated Grant Appricaban and Poles 7
2012 CoomI ated Grant Application and Policies g
x
Funds Available
CDBG and HOME programs are federally funded through the Department of Housing and Urban
Development. Funding levels are determined by HUD after the Federal Budget is finalized, which usually
occurs after the program year has begun Kitsap County and the City of Bremerton estimate funding levels
in order to start the grant application process, therefore, funding amounts shown in the table below are
estimates If HUD allocates a different amount to these programs than what was estimated, actual funding
awards will be increased or decreased to accommodate the discrepancy. For 2012, we anticipate cuts to
the programs funding.
The Affordable Housing Grant Program and the Homeless Housing Grant Program grant funds are
considered local funds. WA legislation created a surcharge on certain types of documents being recorded
at the Auditor's Office in each county A portion of the funds collected is remitted to WA State for
distribution through statewide housing & homeless programs The portion of the funds that remains in
each county is used to further the goals of the legislation through local grant programs. In Kitsap, these
are the Affordable Housing Grant Program and the Homeless Housing Grant Program. For these grant
programs, funds for each grant cycle are collected in advance, and therefore grant award amounts will not
be adjusted. '
For 2012, the minimum grant request is $10,000. All grants will be made for one year only (no forward
commitments).
The following table shows an overall view of the total estimated amount of funds available in this
application cycle by the application type and funding sources.
Application Type i Amount of Funds Available ' Funding Sources
Public Services $244,071 ` Bre merton / IGtsap CDBG
Operations & Maintenance $175,000 Affordable Housing Gran Progr
Capital $2,023,374 Bremerton/Kitsap CDBG & HOME
Flexible Funding (could be any
of the above application types) $939,648 Homeless Housing Grant Program
The tables on the following pages give a more detailed view by jurisdiction and funding source; showing
the estimated amount of funds available as well as the proposed distribution of those funds.
2012 Coordinated Grant Application and Policies 9
2012 Proposed Distribution of City of Bremerton CDBG Funds
Estimate of 2012 Entitlement 507,412
Tentative Program Income Available 20,000
Total Entitlement + PI 527,412
Reallocated Funds Prior Year 13,410
Total Available for Allocation 540,822
Estimated Allocation of 2012 CDBG Rinds
Available for 2012 Planning and Admin (20% of entitlement + PI) 105,482
Available for 2012 Public Service (15% of entitlement + 15% prior year PI) 86,343
Available for Capital Projects and Economic Development 348,997
Subtotal - Available for grantappllcabons 435,340
Total Allocation of funds 540,822
2012 Proposed Distribution of City of Bremerton HOME Funds
Estimated Funding Available for the 2012 HOME Allocation Process
Prior Year Uncommitted HOME Allocation 395,644
2012 Program Income 20,000
2012 HOME Allocation - EN projected 409,572
Total HOME Allocation Available - by Source 825,216
Estimated Allocation of 2012 HOME Funds
Available for 2012 Planning and Administration (10% 2012 EN, + 10 PI) 42,957
Downpayment Program Set -aside (2008 Council Action) 80,000
Available for CHDO Project (15% of 2012 entitlements) 125,006
Available for any HOME Project 577,253
Subtotal - Available for grant applications 702,259
Total Allocation of Funds 825,216
Estimated Available for ADDI (2006 -2011) $0.00
2012 Proposed Distribution of Kitsap County CDBG Funds
Estimated Funding Available for the 2012 CDBGAIIocation Process
Estimate of 2012 Entitlement 1,051,521
Tentative Program Income Available 100,000
Total Entitlement + PI 1,151,521
Reallocated Funds Prior Year 25,000
Total Available for Allocation 1,176,521
Estimated Allocation of 2012 CDBG Funds
Available for 2012 Planning and Admin (20% of entitlement + PI) 220,304
Set -aside Capital for Housing IGtsap's returned Program Income 90,000
Available for 2012 Public Service (15% of entitlement) 157,728
Available for Capital Projects 640,140
Available for Economic Development 68,349
Subtotal - Available for Grant Applications 866,217
Total Allocation of Funds 1,176,521
2012 Coordinated Grant Application and Policies 10
2012 Proposed Distribution of Kitsap County HOME Funds
Estimated Rending Available for the 2012 HOME Allocation Process
2012 Program Income 50,000
2012 HOME Allocation - EN projected 952,493
Total HOME Allocation Available - by Source 1,002,493
Estimated Allocation of 2012 HOME Funds
City of Bremerton Set -aside 409,572
Available for 2012 Planning and Administration (10% 2012 EN + PI) 59,292
Housing IGtsap Downpayment Program Income Set -aside 45,000
Martha & Mary Village Green Set -aside 225,000
Available for CHDO Project (15% of 2012 entitlements) 81,438
Available for any HOME Project 182,191
Subtotal - Available for &antApplicabons 263,629
Total Allocation of Rends 1,002,493
2012 Proposed Distribution of Affordable Housing Grant Funds
Estimated Funding Available for 2012 AHGP Allocation Process
2012 AHGP - Turn -back Funds $TBD
2012 AHGP - Funds Collected October 2010 - September 2011 (estimated) 175,000
Total AHGP Allocation Available 175,000
Available for any AHGP Project 175,000
Total Allocation of Funds 175,000
2012 Proposed Distribution of Homeless Housing Grant Funds
Estimated Funding Available for 2012 HHGP Allocation Process
2012 HHGP - Turn -back Funds $TBD
2012 HHGP - Set -aside $TBD
2012 HHGP - Funds Collected January 2010 - June 2011 (estimated) 939,648
Total HHGP Allocation Available 939,648
Available for any HHGP Project 939,648
Total Allocation of Funds 939,648
2012 Coordinated Grant Application and Policies 11
Where to Submit Applications
Completed applications must be received (POSTMARK IS NOT ACCEPTABLE) no later than 4:30 PM on
July 15, 2011 at the following location
Kitsap County Block Grant Office
345 6 Street Suite 400
Bremerton, WA 98337
What is a Complete Application
An application is considered complete if it meets the following criteria.
• Includes completed original application form signed by the authorized official, all attachments and
the appropriate number of copies, plus electronic copy on CD or thumb drive.
• The applicant is eligible as of the application date
• The project or activity is eligible
• The applicant has attended the mandatory technical assistance session
Assistance with the Application
To receive assistance with the application, attend the mandatory Technical Assistance Session on May 26,
2011 in the Meeting Chambers of the Norm Dicks Government Center Additional application technical
assistance may be obtained by contacting the staff listed in the front of this packet
Pre - submittal assistance is available, to have your application reviewed for completeness, by scheduling an
appointment with a staff person prior to July 8, 2011
Application Review and Rating Process
All applications will go through the following review and rating process.
1. Initial Eligibility Screening
a Application is complete (including attachments and number of copies).
b Applicant meets eligibility requirements as of the application due date
c Project or activity is an eligible use of funds
2 Staff Technical Review
a Organizational Financial Review — Accountants from the City/County will review the
agency's Organizational Financial Management for financial soundness
b Organizational Capacity — Staff will review the capacity of the agency to manage grants
(previous grant performance), board makeup, organizational structure (including staffing),
organizational data, etc
c. Project is consistent with the City of Bremerton and Kitsap County Consortium Consolidated
Plan and Priority Needs or Homeless Housing Plan (depending on the funds applied for).
Applications not meeting the above requirements will be disqualified from
consideration for funding and will not move any further through the process Written
notice will be sent to the Agency.
3. Grant Recommendation Committee - The committees will make funding decisions using the
following process -
a. Review and evaluate each application.
b. Conduct an interview with each applicant
• Public Service Interviews will be 30 minutes in length which includes 15 minute
agency presentation and 15 minute question/answer.
• Capital interview will be 45 minutes in length which includes 20 minute agency
2012 Coordinated Grant Application and Policies 12
presentation and 25 minute question /answer.
c Assign a priority ranking and recommended funding level to all projects.
d. Staff matches ranking with available and appropriate funding sources
e. GRC finalizes recommendations and sends to the KRCC and the Bremerton City Council.
4. Bremerton City Council and Kitsap Regional Coordinating Council — Public hearings regarding the
Grant Recommendation Committee recommendations will be held before the Bremerton City
Council and the Kitsap Regional Coordinating Council. Those two Boards will make the final
decision concerning the grant activities.
Grant Recommendation Committee (GRC)
There are two Grant Recommendation Committees to review and make the funding recommendations for
the coordinated grant process. The Public Service GRC reviews applications for supportive services or public
services as well as CHDO Operating and Economic Development Microenterprise. The Capital GRC reviews
housing, capital improvements, and operations & maintenance applications. Both GRCs play an integral role
in the allocation of funds according to the needs of the community.
While all GRC members must be well versed in the needs of the community and be willing to participate in
all the activities relevant to the GRCs, each individual GRC requires that members demonstrate specific
skills and qualifications:
• The Public Service GRC requires that its members have experience in one or more of the following
capacities: background working with non - profit community service providers as an employee,
volunteer, board member or consumer; background with homeless programs; grant experience, project
management, compliance monitoring and /or practical experience with HUD regulations.
• The Capital GRC requires that its members have experience in one or more of the following areas.
affordable housing, construction or project management, mortgage lending, housing development;
economic development, real estate, or architecture
Applicant interviews will be conducted with the GRC Applicants will have the opportunity to present their
project and the GRC yvill have an opportunity to ask questions At the conclusion of the interviews the GRC
will formulate a funding recommendation for approval by the KRCC and the Bremerton City Council.
Each Grant Recommendation Committee will consist of eight members, appointed for two -year terms
Terms are staggered so each year there will be at least four returning members. The following tables
detail the make -up of the two committees including the positions, term, and who makes the appointment.
Due to the timing of appointments for this first year of the coordinated process, not all board members
have been appointed. New appointments will be made by the KRCC on July 26, 2011 and by the Bremerton
City Council on August 3, 2011.
2012 Public Service Grant Recommendation Committee
Position Appointed By i Term (by application
- - -- -- - - -- -- -- ' - - - -- - - -- -- - - -- - -- ___ cycle) - -- — - -
Member from the Bremerton Area
Name: TBA Mayor, City of Bremerton 2011-2012
Member from the Bremerton Area Mayor, City of Bremerton 2012-2013
Name: TBA
Member from Kitsap County
Name: TBA Kitsap Regional Coordinating Council 2011-2012
_
Member from Kitsap County Kitsap Regional Coordinating Council 2011-2012
Name: TBA
2012 Coordinated Grant Application and Policies 13
Member from Kitsap County Kitsap Regional Coordinating Council 2012-2013
Name: TBA
Member from Kitsap County Kitsap Regional Coordinating Council '; 2012-2013
Nam TBA
Member from Continuum of Care Kitsap Regional Coordinating Council 2011-2012
Name: TBA
Member from Continuum of Care i Kitsap Regional Coordinating Council 2012-2013
Name: TBA
2012 Capital Grant Recommendation Committee
- -- - - - -- - - - - -- - - - -- - -- - - - - - - - -- - - - -- --
Position Appointed By ! Term (by application
-- - -- - - - - - - - - - - - - cycle) -
Member from the Bremerton Area
Name: TBA Mayor, City of Bremerton ; 2011-2012
Member from the Bremerton Area
Name: TBA , Mayor, City of Bremerton 2012-2013
Member from Kitsap County Kitsap Regional Coordinating Council 2011-2012
! Name: TBA ;
Member from Kitsap County ; Kitsap Regional Coordinating Council 2011-2013
Name• TBA
'Member from Kitsap County Kitsap Regional Coordinating Council 2012-2013
N - TBA
Member from Kitsap County Kitsap Regional Coordinating Council ; 2012 - 2013
Name: TBA
Member from Continuum of Care
Name: TB Kitsap Regional Coordinating Council ' 2011-2012
�
Member from Continuum of Care ; Kitsap Regional Coordinating Council 2012 - 2013
Name: TBA ,
2012 Coordinated Grant Application and Policies 14
HUD Income Limits
Median Family Income (MFI) is determined periodically by the Department of Housing and Urban
Development (HUD) on the basis of state and local earnings data and is published for cities and counties.
The Median Family Income for the Bremerton - Silverdale MSA effective May 14, 2010 is $71,900 for a four -
person household.
HUD updates income limits annually. FY2011 Income Limits had not been release as of the 2012 Policy Plan
publication date. Most up -to -date income limits will apply to all CDBG and HOME funded projects. They
may be found at www.huduser ora
Median Family Income
Bremerton - Silverdale MSA; Effective May 14, 2010
NUMBER IN EXTREMELY LOW VERY LOW INCOME LOW INCOME
HOUSEHOLD INCOME (BELOW (31% - 50% MFI *) (51%-80%
30% MFI *) MFI *)
1 $15,100 $25,200 $40,250
2 $17,250 $28,800 $46,000
3 $19,400 $32,400 $51,750
4 $21,550 $35,950 $57,500
5 $23,300 $38,850 $62,100
6 $25,000 $41,750 $66,700
*MFI = Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the basis
of state and local earnings data and is published for cities and counties These figures represent percentages of MFI for Bremerton —
Sdverdale Metropolitan Statistical Area (MSA) published by HUD May, 2010
If Your Agency is Awarded Funds
If your project/program Is awarded funding, there are some things you will be required to do To better
understand each of the funding sources and the regulatory requirements associated with each, please read
the City of Bremerton /Kitsap County CDBG /HOME Policy Plan as well as the AHGP Policy Plan and the HHGP
Policy Plan. These plans can be found on the web or by calling the contacts listed on Page 1.
Things you should know
1. CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency
does business.
• If you are applying for Federal funds for the first time, you are strongly encouraged to
meet with Block Grant staff to discuss Federal regulations.
• In addition to the rules and requirements of HOME and CDBG, there are several additional
broad Federal rules that must be followed including rules surrounding non - discrimination
and equal access, employment, contracting and procurement, environmental requirements,
record keeping and financial controls
2. Contracting
• The City of Bremerton will manage their CDBG and HOME contracts separately from Kitsap
County. For both agencies, the following applies:
• Public Service contracts can begin incurring costs at the start of the contract year
• Capital contracts must receive a notice to proceed before costs can be incurred.
• Contracts for federal funds operate on a reimbursement basis.
• The Kitsap Regional Coordinating Council (KRCC) manages the grant contracts for awards
from the Affordable Housing Grant Program and the Homeless Housing Grant Program in
partnership with the Kitsap County Auditor's Office.
2012 Coordinated Grant Application and Policies is
• The Auditor's Office uses information provided by the KRCC Grant Program
Manager to issue contracts to grantees.
• The KRCC Grant Program Manager monitors grantees and approves
reimbursement requests.
• The contract year will begin January 1, 2012.
o NOTE: If you are a recipient of federal funds you may not receive a contract until
mid -year. It is dependent on when the federal budget is approved and when the
City/County receive a contract from HUD.
3. Reporting Requirements
• You will be responsible to begin reporting as of January 1, 2012. Reports are submitted on
a quarterly basis and will be submitted to the funding agency.
• Homeless projects /programs will be required to report in the Homeless Management and
Information System (HMIS) system in addition to any other required quarterly reports (see
additional information below).
4. Homeless Management Information System (HMIS) — All grant awardees providing housing or
services to homeless individuals will be required to participate in HMIS
• The HMIS is an electronic record system that enables information - gathering about and
continuous case management of homeless persons across agencies in a particular
jurisdiction (city, county, state). Homeless service providers collect information about their
clients and input it in an HMIS so that it can be matched with information from other
providers to get accurate counts of homeless clients and the services they need.
• HUD has mandated that all agencies who receive federal funds for homeless housing or
services (SHP, S +C, ESG, PATH, etc.), must participate in an HMIS HUD outlines the
specific data points that must be collected for each homeless client
• Washington State Department of Commerce has followed suit and mandated that all
agencies receiving state funding for homeless housing or services (including the Homeless
Housing Grant Program) must also participate in HMIS.
• WA Commerce is responsible for operating an HMIS for counties that participate in federal
funding through the Balance of State Continuum of Care process. This includes Kitsap
County
• Kitsap is responsible for collecting data from all of the participating agencies and
submitting that data to WA Commerce. Through an agreement with WA Commerce,
agencies may submit data in one of two ways. 1) through Commerce's online software
system that will share data "in real time" between participating Kitsap agencies, or 2)
collecting the data in an agency's own software system and periodically uploading it to the
WA Commerce system. Participants in Kitsap's HMIS are part of the Kitsap HMIS
Collaborative, a consortium of agencies that agrees to share HMIS data between agencies.
• WA Commerce provides free software and technical support for the Commerce HMIS
software The Kitsap Regional Coordinating Council is the HMIS Administrator for Kitsap.
2012 Coordinated Grant Application and Policies 16
2012 Coordinated Grant Application and Instructions _ W
Introduction
The application has been designed to gather necessary information about your organization and project to
determine compliance with the various funding sources and consistency with local policies for the use of
funds. Applications should be clear and concise.
Types of Applications
There are three types of applications.
Public Service This application is used when you are requesting funds to pay for salaries,
administrative, and other eligible expenses to carry out a program It is also
used for CHDO Operating and Economic Development Microenterprise.
Operations and This application is used when you are requesting funds to pay for costs
Maintenance. associated with on -going operations and maintenance of a housing facility or
shelter
Capital. This application is used when you are requesting funds to pay for costs
associated with acquisition, new construction, rehabilitation, reconstruction, or
improvements to public facilities and housing. It is also used for dowpayment
assistance, rehabilitation and weathenzation activities for single family or multi-
family rental housing units
Application Components
Each application packet will consist of 3 components.
1. 2012 Coordinated Grant Application Form
2. Narrative Questions
3. Attachments
Submit THREE (3) original hard copies with signature in blue. In addition, you must provide one electronic
copy of the application in the following manner
1 PDF version on CD or thumb drive
2. The application form and narrative will be one PDF document
3 Each section of attachments (A, B, C, D, E) will be separate PDF documents
Application Instructions
1. Mandatory Technical Assistance Session
All agencies submitting applications must attend the technical assistance session held on May 26,
2011 in the Meeting Chambers of the Norm Dicks Government Center
2. Application Technical Assistance
Agencies seeking additional assistance with eligibility and technical components of the application
can schedule an appointment with staff between May 26, 2011 and July 8, 2011. Use the contact
information in the front of the packet.
3. Pre- submittal Assistance
Make an appointment with a staff person between May 26, 2011 and July 8, 2011 to go over your
application for completeness prior to final submittal NOTE: Any agency that submits an
incomplete application will be disqualified for funding considerabon.
2012 Coordinated Grant Application and Policies 17
4. Application Submittal
Complete all required components of the application, have it is signed by the authorized agency
official and submit the original along with the required number of copies. The final application
packet must be submitted to the Kitsap County Block Grant Office, 4"' Floor of the Norm Dicks
Government Center (Suite 400), no later than 4:30pm on July 15, 2011. NOTE: postmark is not
acceptable
S. Interviews
Attend your scheduled interview and present your project to the Grant Recommendation
Committee. Attendees could include the agency director, fiscal officer, program directors, and
anyone else pertinent to the project.
• Public Service interviews will be 30 minutes in length and will include 15 minutes for
agency presentation and 15 minutes for question /answer.
• Capital interviews will be 45 minutes in length and will include 20 minutes for agency
presentation and 25 minutes for question /answer
2012 Coordinated Grant Application and Policies 18
2 012 Coordinated Grant
Submittals for Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME), Affordable Housing Grant Program (AHGP),
or Homeless Housing Grant Program (HHGP) grants must include:
1) Three (3) original hard copies of the entire application (App lication
Form, Narrative, and applicable Attachments) with signature in blue ink
2) One (1) electronic PDF copy of the application packet consisting of- the
Application Form, Narrative and all applicable Attachments
The Coordinated Grant Application includes funding from both local and federal grant programs.
Federal program application requirements are more extensive and involve additional monitoring
requirements You may choose to apply for local funds only or be considered for all funding sources.
Funding Types:
• FEDERAL FUNDS
• Community Development Block Grant (CDBG)
Provides funds to carry -out a wide range of housing and public service
activities directed toward benefitting low- and moderate - income persons and
households
• HOME Investment Partnerships (HOME)
Provides funds to implement local housing strategies designed to increase
homeownership and affordable housing opportunities for low- and very low -
income households
• LOCAL FUNDS
• Affordable Housing Grant Program (AHGP)
Mandated by Washington State, this program provides funding for affordable
housing projects, with emphasis on those serving households at or below
30% Area Median Income
• Homeless Housing Grant Program (HHGP)
Mandated by Washington State, this program provides funding for projects
that are part of implementing the Kitsap Homeless Housing Plan.
For a more detailed description on project eligibility, refer to the City of Bremerton /Kitsap County
CDBG and HOME Policy Plan or the Affordable Housing Grant Program and Homeless Housing Grant
Program Policy Plan.
2012 Coordina !d Grant Application wd Policies 19
�K
STEP 1 : ALL applicants must complete the following:
❑ Application Form
❑ Project Narrative
Attachment A
❑ A -1 Organizational Data (i.e. 501(c)(3), public charter, or business license #)
❑ A -2 Total Agency Budget (provided within packet)
❑ A -3 Most recent monthly financial statement Including year -to -date Information
❑ A -4 A narrative statement of the agency's financial capacity and experience
❑ A -5 An organizational chart showing all staff, board members and volunteer
positions
❑ A -6 List of Board Members
❑ A -7 Staff and Board Profile (form is provided within packet)
❑ A -8 Salary Summary for the entire Agency (form provided within packet)
❑ A -9 Procurement Policy
❑ A -10 Fiscal Control Policy
El A -11 Secretary of State Non - Profit Corporate Annual Report (for non - profits)
❑ A -12 Total Project /Program Budget - Revenue form (provided within packet)
❑ A -13 Total Project/Program Budget - Expenditure form (provided within packet)
❑ A -14 Commitment letters from other funding sources for this project
❑ A -15 Job Description (If requesting funding for personnel only)
STEP 2 : Select one or more of the following categories, go to the
appropriate attachment(s) and complete the required items:
❑ Public Service, Local Only:
Stop Here —No additional attachments required
❑ Public Service, Local and Federal:
Complete Attachment B
❑ Operations and Maintenance:
Complete Attachment C
❑ Capital, Local Only:
Complete Attachment D
❑ Capital, Local and Federal:
Complete Attachments B, D, and E
2012 Coordinated Grant Application and Poliaes 20
Attachment B
❑ B -1 Non - Discrimination Policies
❑ B -2 Mission Statement
❑ B -3 Agency CDBG /HOME History Form (provided within packet)
❑ B -4 Insurance Certificate
❑ B -5 Litigation, IRS problems or unresolved audit findings
❑ B -6 Annual Report
❑ B -7 Most recent financial audit report prepared by a CPA, including findings
❑ B -8 IRS 990 form (for non - profits)
❑ B -9 Secretary of State CHO -1 Form (for non - profits). Also known as Charitable
Solicitations Renewal Form
❑ B -10 National Objective and Eligibility Determination for CDBG and HOME (forms
provided in packet)
Attachment C
❑ C -1 Project Timeline
❑ C -2 Warrant for Housing Trust Fund eligibility
❑ C -3 Operating Pro Forma
Attachment D
❑ D -1 Project Timeline
❑ D -2 Warrant for low- income housing use for 25 years
❑ D -3 Operating Pro Forma
❑ D -4 Development Budget
Attachment E
❑ E -1 Management Plan
❑ E -2 Preliminary Environmental Review
❑ E -3 Purchase and Sales Agreement or Documentation of Site Control
❑ E -4 Plans and Specifications
❑ E -5 Relocation Plan, if applicable
❑ E -6 Neighborhood Notification Plan, if applicable
If the project is for permanent housing, please also include the following and one of
the two below based on project type:
❑ E -7 Permanent Housing Requirements Form
❑ E -8 Affirmative Marketing Form
If the project is for homeownership, please also include:
❑ E -9 Homeownership Requirements Form
If the project is for rental housing, please also include:
❑ E -10 Rental Housing Requirements Form
2012 Coordinated Grant Application and Policies 21
I
Application Instructions
General Instructions
Three original applications must be submitted in hard -copy format with signature in blue
Additionally, provide one electronic copy of the application in PDF on CD or thumb drive The
application form and narrative will be one PDF document Each section of attachments (A, B, C, D,
E) will be separate PDF documents
The application must be completed using the electronic forms The forms are available through
the following methods
1. Contact Staff to have the appropriate forms emailed to you
2 City of Bremerton website http. / /www.ci,bremerton wa.us /displaypho ?id =864 Click on
"CDBG -HOME Policy Plan and Application"
3. KRCC webslte htW: / /www.lo s R egionalcouncll.arg /housing hhaa pha and
htW: / /www.latsaareaionalcouncll.org /housing ahfa ph
a
Please label all pages with the appropriate attachment number If a particular attachment does not
apply to your project, please insert a page with that attachment number and mark it "Not
Applicable"
The entire application and instructions can be downloaded in PDF format (read -only) from the
County, City or KRCC wesbites, however, this file is meant for referential purposes only and should
not be filled out.
Application Form
Complete application form including signature of your organization's Director
Narrative Questions
Answer all narrative questions. Answer each question and subquestion that applies to your
application type Please type your responses in Anal, 12 point size, and label each response with the
corresponding question number Answers to the narrative questions may total no more than 6
narrative pages for Public Service & Capital applications, and 5 narrative pages for O &M applications
Attachment A:
A -1 Organizational Data (i.e. 501(c)(3), public charter or business license
A -2 Total Agency Budget (form provided within packet)
➢ Definitions and instructions for this form are provided in Appendix D.
A -3 Most recent monthly financial statement including year -to -date information
A -4 Narrative statement of the agency's financial capacity and experience
➢ Qualifications of the individual(s) responsible for the financial oversight of the
organization; board oversight, internal controls such as signature authority,
accounting procedures for approving and recording transactions, etc., external
oversight — is there an audit or review by an accountant.
A -5 Organizational Chart showing all staff, board members and volunteer positions
A -6 List of Board Members
➢ Please provide the names, address (city /town only), associations, dates of current
service term and the number of terms served
2012 Coordinated Grant Application and Policies 22
A -7 Staff and Board Profile (form is provided within packet)
➢ Complete this form for your staff and board
A -8 Salary Summary for the entire Agency (form provided within packet)
➢ Provide a summary of salary information for your entire organization.
A -g Procurement Policy
Provide a copy of your organization's current procurement policy
A -10 Fiscal Control Policy
Provide a copy of your organization's current fiscal control policy
A -11 Secretary of State Non - Profit Corporate Annual Report (for non - profits)
Attachments A -11, B -8 and B -9 must be consistent with one another and reflect
the same fiscal year.
A -12 Total Project/Program Budget - Revenue form (provided within packet)
Include total program /project costs when showing funding sources.
A -13 Total Project/Program Budget - Expenditure form (provided within packet)
Include total program /project costs by category. Total should match total
shown on A -12
A -14 Commitment letters from other funding sources for this project
➢ Any funding listed as committed on the Total Project/Program Budget —
Expenditures form (A -14) should have a letter provided here. Commitment
letters are not letters of general support for your project, but rather letters
committing funds in a specific dollar amount to the project.
A -15 Job Description (If requesting funding for personnel)
Required only if requesting funding for personnel
Attachment B:
B -1 Non - Discrimination Policies
Provide a copy of your organization's non - discrimination policies that cover
employees, volunteers, and clients /tenants, including Affirmative Action
B -2 Mission Statement
➢ Please attach your organization's mission statement.
B -3 Agency CDBG /HOME History Form (provided within packet)
Provide a history of your organization's previous CDBG /HOME funds from the
County and /or City of Bremerton.
B-4 Insurance Certificate
➢ Please attach a copy of your organization's insurance policy showing
coverage for general liability of officers and board /volunteers, etc.
B -5 Litigation, IRS problems or unresolved audit findings
➢ Please attach an explanation if your organization has any threatened or pending
litigation, IRS problems or unresolved audit findings
B -6 Annual Report
➢ If report exceeds 50 pages, please include a summary and one copy of the
full report.
B -7 Most recent financial audit report prepared by a CPA, including findings
If audit exceeds 50 pages, please include an executive summary and one copy
of the full audit.
B -8 IRS 990 form (for non - profits)
B -9 Secretary of State CHO -1 Form (for non - profits)
Also known as Charitable Solicitations Renewal Form
B -10 National Objective and Eligibility Determination for CDBG and HOME (forms
provided in packet)
CDBG funded activities must meet one of three national objectives. In
section A of the form, indicate who you are going to serve by checking the
appropriate box. If you check Limited Clientele, then also check the box
which indicates how this is determined.
In section B check the appropriate box to indicate how the program)*gect
is eligible.
2012 Coordinated Grant Application and Policies 23
HOME eligible projects, including CHDO Operating, should complete the
HOME Eligibility Form. HOME projects are not required to meet a National
Objective
Attachment C:
C -1 Project Timeline
Include a project schedule showing project milestones, specific tasks and completion
dates.
C -2 Warrant for Housing Trust Fund eligibility
Complete attached form for Housing Trust Fund Eligibility
C -3 Operating Pro -Forma
Provide `an operating expense budget for the proposed facility for the first five
years of operation by completing the gray shaded boxes on the form
• INCOME - Years 2 -5 will calculate increases, based on assumed percentages,
in the boxes at the top of revenues. If all income sources will not have a
standard inflation rate, simply overwrite the formulas in the appropriate
cells. However, we recommend that you allow the form to make the
calculations for you before overwriting any formula.
• Tenant Rent — Complete these rows if your project is for housing.
■ Fill in the shaded boxes for the number of units and the
amount charged per month. The total for the year will
calculate for you.
• Vacancy Rate — If your project is for housing, fill in the shaded box
for year i The form will calculate years 2 -5 using a 5% rate.
• Other Income — In the shaded boxes, list expected revenues by
name then the dollar amounts in year i
• Bad Debt — This includes things such as rent not collected and delay
in lease -up. The form subtracts this amount from your income.
• EXPENSES — This section of the form estimates the costs associated with
operating the property. Years 2 -5 will calculate increases, based on
assumed percentages, in the boxes at the top of expenses. If all expenses
will not have a standard inflation rate, simply overwrite the formulas in the
appropriate cells. However, we recommend that you allow the form to make
the calculations for you before overwriting any formula.
• Complete the gray shaded boxes for the expected expenses in year
1.
• For miscellaneous items, please describe in the shaded boxes.
• DEBT SERVICE — This includes principal and interest costs for any loans as
well as any mortgage insurance premiums.
Attachment D:
D -1 Project Timeline
Include a project schedule showing project milestones, specific tasks and completion
dates, and anticipated timing of grant fund expenditures.
• Separate the project into tasks, including those tasks which are necessary for
project start up, like hiring staff or consultants.
D -2 Operating Pro Forma (form provided in packet)
Provide an operating expense budget for the proposed facility for a
minimum of 5 years See Attachment C -3 above for detailed instructions
D -3 Warrant
Complete the attached form for 25 -year low- income housing affordability
D -4 Development Budget (form provided in packet)
➢ Provide a detailed breakdown of the development budget for your project IF
your project includes
• Major Rehabilitation or New Construction Major rehabilitation means
2012 Cmdmated Grant Application and Policies 24
that the rehabilitation will involve costs in excess of 75% of the value of
the building before rehabilitation.
➢ Part 1 — Complete the gray shaded boxes for the number of housing units (if
applicable) and the square footage as well as the estimated costs column.
Additionally, complete the Funding Source Column for each cost listed
• The form will calculate the Costs per Unit, Cost per Square Foot, and
Cost as a % of Total.
Part 2 — This is a separate tab in the workbook. Complete this part only if there
is a loan associated with the project. Complete the gray shaded boxes for the
number of housing units (if applicable) and the square footage as well as the
estimated costs column. Additionally, complete the Funding Source Column for
each cost listed
• The form will calculate the Costs per Unit, Cost per Square Foot, and
Cost as a % of Total.
Attachment E:
E -1 Management Plan
➢ A management plan is required for acquisition or construction of a new facility. A
management plan should describe the management and operation of the facility and
include:
• Who will manage the properly?
• Who is responsible for the financial oversight of the facdlty
• Is there a security and emergency plan?
• What is the schedule for routine maintenance of the building and property
systems?
➢ For rental properties also include the following.
• How is the property marketed?
• Is there a waiting list? How is it managed?
• Are there types of households that get special attention or are advanced on
the waiting list?
• How is tenant eligibility determined? When and how is it recertified?
• Are income levels specified for all units? Are the rents tied to HUD rent
limits?
• When and how are rents increased?
E -2 Environmental Checklist (form provided in packet)
➢ Complete Preliminary Environmental Review Questionnaire. Upon submittal of
the application, no further funds of any kind can be spent on the project until a
HUD approved environmental review is complete
Make sure the form is signed by your organization's Director
E -3 Purchase and Sales Agreement or Documentation of site control
➢ Site control documentation includes one of the following: a deed of trust,
current options, current purchase and sale agreement, a current title report
showing the entity holding fee simple title, an executed lease agreement for the
length of the commitment to serve low income households, or an executed
disposition or development agreement. Exceptions are allowed for down payment
assistance, homeowner rehabilitation and weatherization.
E -4 Plans and Specs
➢ Provide preliminary plans and specification for new construction or rehabilitation
projects.
E -5 Relocation Plan (if applicable)
➢ Any project funded in whole or in part with CDBG or HOME funds and causes
displacement of people or businesses must include a relocation plan and include
relocation assistance payments in the budget. For more guidance on relocation
see Appendix F (Anti- Displacement and Relocation Plan) in the CDBG /HOME
Policy Plan
E -6 Neighborhood Notification Plan (if appropriate)
➢ The Neighborhood Notification Plan should include information on how you will
2012 Coordinated Grant Application and Policies 25
provide notice to the surrounding neighborhood of your proposed project. It might
include such things as community meetings, mailings, public meetings and /or
public hearings on the proposed project
If the_aroiect is for permanent housing, please also include the following and
Attachment E -9 or E -10 below, based on project type:
E -7 Permanent Housing Form (form provided within packet)
➢ This form contains three sections and describes how the project will meet
various requirements under the HOME Program. The form is designed to do all
calculations for you.
• Per Unit Cost. Complete the shaded areas in this section which include the
Total Project Development Cost, Total Number of Units in the Project, the
HOME Costs, and the Number of HOME Units
• Match Contribution. HOME has a 25% match requirement for funded
projects Complete the shaded areas to show the amount of match the
project will provide as well as the source of match. Please be specific when
listing the source. The percent of match will calculate for you.
• Long Term Affordability. Complete the shaded area with the number of
years the project will remain affordable.
E -g Affirmative Marketing Form (form provided within packet)
Complete this form to describe the methods of affirmative marketing that will be
undertaken as part of the HOME- assisted project.
If the project is for homeownership, please also include:
E -9 Homeownership Requirements (form provided within packet)
➢ Complete the table on the top portion of the form to demonstrate the income
targeting for the project.
• Size of House and Income Level: Under the bedroom size, in the shaded
area, indicate the targeted income (NOTE: the cell is formulated to show the
number as a percent)
• Number of Houses: Identify the number of HOME assisted houses by bedroom
size and targeted income.
• Monthly PITT: Identify the projected Principal, Interest, Taxes, and Insurance
(PITT) by bedroom size and targeted income.
• Targeted Maximum Household Income: Identify the maximum targeted
income by bedroom size and percent of median income
• Assumed Family Size: Provide targeted family size by bedroom size and
percent of median income.
• PITI divided by Monthly Income: Do not enter anything into this column It
will compute when other columns are completed
• Median Income adjusted for family size: Identify the median income based
on the family size (see income chart on page 14).
➢ Complete the table at the bottom of the page, answering each of the three questions,
to demonstrate project compliance with HOME regulations
• Income must be determined using one of HUD three approved methods.
If the project is for rental housing, please also include:
E -10 Rental Housing Requirements Form (form provided within packet)
➢ Complete the table on the top portion of the form to demonstrate the rent schedule
for the project.
• Type of Unit: Under the bedroom size, in the shaded area, indicate the targeted
income (NOTE: the cell is formulated to show the number as a percent).
• Number of Units: Identify the number of HOME assisted units by bedroom size
and percent of median income
• Targeted Household Income: Identify the maximum targeted household
income by bedroom size and percent of median income.
2012 Coordinated Grant Application and Policies 26
• Proposed Monthly Rent: Identify the proposed monthly rent by bedroom size
and percent of median income.
• Tenant Paid Utilities and Services: Identify the amount of utilities and
services to be paid by the tenant by bedroom size and percent of median income.
• Tenant Monthly Rent Plus Utilities: Do not enter anything into this column.
It will compute when the rent and utilities columns are completed
• Type of Subsidy: Identify the type of subsidy (if any) provided by bedroom size
and percent of median income.
• Proposed Rent as a Percent of Income: Do not enter anything into this
column. It will compute when the rent and targeted household income columns
are completed.
• List Utilities and Services to be paid by tenant: Identify, in the shaded area
at the bottom of the table, all utilities and services that will be paid by the tenant
➢ Complete the table at the bottom of the page describing the process that will be
established to assure that rents charged do not exceed allowable amounts under
HOME regulations.
2012 Coordinated Grant Application and Policies 27
This Page Intentionally Blank
2012 Coordinated Grant Application and Policies 28
� o
F
City of Bremerton /Kitsap county
2012 coordinated Funding - Application Form----__,
Total Amount of Funds Requested $
Type of Application
Check the type of application for which you are applying (see page 19)
Funding Type
❑ Local Only ❑ Local and Federal
Program /Project Type.
❑ Public Service ❑ Operations & Maintenance ❑ Capital
Project Information
Project Title
Project Location
Geographic Service Area
Census Tracts
Number of People /Households Benefiting from Project '
Agency Information
j Appli Name j
---- - -- -- - - --- - - - - -- - - - -- - - -- - - --
j Agency Director j
} rMa iling Ad dress - - -- - -------- - - - - -- - - -- -- - - - - -- - - - - -- ----- - - ----
I
City, ST ZIP-Code --- -- - - -` - - -- - -- - - - -- - - - - - -- -- - - -- - -- -- - - - -- - -- - - -- I
- — -- - - -- - - -- -- - - -- - -- - - -- -- - - - - - -- -- - -- - - - -- - -- - -- -- --
Phone
E -Mail Address
Staff Contact & Title - -- - L- - -- '- — - -- -- - - - - - - - - -- -- -- -- -- - -- - -- - - --
Phone
E -M ail A
Federal T I D j
r DUNS Number - I
Description of Project
Summarize the project including what specifically the grant funds will be used for
2012 Coordinated Grant Application and Policies 29
Agreement and Signature
The signatory declares that he /she is an authorized official of the applicant organization, is authorized
to make this application, is authorized to commit the organization in financial matters, and will assure
that any funds received as a result of this application are used only for the purposes set forth herein,
and verifies that all the information contained in this application is valid and true to the best of my
knowledge.
Name (printed) & Title
Signature
Date - - -- -- - - -- - -- - -
2012 Coordinated Grant Application and POhcies 30
Narrative Questions
Answer each question and subquestion that applies to your application type. Please type your responses
in Anal, 12 point size, and label each response with the corresponding question number Answers to the
narrative questions may total no more than 6 narrative pages for Public Service & Capital applications,
and 5 narrative pages for Operations and Maintenance applications.
Section I — All applications must respond to the questions in this section
History/ Background
1. Provide a brief history of your agency /organization and a background and /or history of the
program /project to be funded.
Project Description
2. Give a description of the proposed program /project Please include the following:
a. How will the requested funds be used? Please be specific.
b. Identify your target population — Who will be served?
c. Identify the client population by geographic area served.
d. Identify the client by demographic served.
e. Describe your outreach plan and how it will ensure that eligible persons have access to
your program /project. Your outreach plan should address how you will reach persons
with disabilities, limited English, minority clients, and your organization's history in
serving these populations.
f. What is the income level of the population served by this program /project? How does
this project target low and very low income populations (80% MFI or below)?
Project Goals & Outcomes
3. What will change in the lives of individuals, families and the community as a result of this
funding?
4. How do you know that your program /project will be effective? Please include the following
a. How your agency collects data on the programs it provides and the population it serves.
How is this data used to improve your organization and its programs?
b. If this project has been previously funded by CDBG, HOME, HHGP, or AFGP, how has it
achieved the goals and outcomes outlined in the previous grant application and are the
goals and outcomes still the same for this project? If the project has not yet been funded
with these funds, or if new goals have been established, what are the new goals and
outcomes for this project?
Community Need & Priorities
S. Estimate the unmet need for this program /project in the community and describe how it will
address the unmet need. Reference the following, as applicable, when describing how your
project will address priority needs & strategies.
• Homeless Housing Grant Program Priorities
• Affordable Housing Grant Program Priorities
• Homeless Housing Plan - Objectives & Strategies
• Consolidated Plan 2011 -2015 — Objectives & Strategies
• City of Bremerton Comprehensive Plan (for capital projects located in the City of
Bremerton)
2012 Coordinated (writ Application and Polices 31
Partnerships
6. Describe the partnerships you have developed with other community agencies to accomplish this
project
Challenges
7. What are the challenges that face this program /project?
Sustainabiiity
8. Discuss sustainabdity for this program /project. Please include the following.
a. How would a partial funding award affect the program /project
b. If your traditional funding sources are reduced or eliminated for this program /project in
the future, how will it affect the program /project?
Section II — All Public Service applications must also address the following:
9. Complete the attached Logic Model (next page).
10. How do you document the client outputs and outcomes that are included in the Logic Model?
11. How are the services this program /project provides integrated with other community services?
Section III — All Capital applications must also address the following:
12. Describe the organization's capital project construction management experience, including:
a. What project(s) the organization constructed in the past and how large they were in size,
complexity and cost compared to the proposed project?
b. Has the organization received federal funding for previous construction projects?
c. Discuss the experience of staff who will be assigned to construction management, record
keeping and facility maintenance once completed.
d Discuss the project timeline, why a funding commitment is necessary at this time, and
when the funds are expected to be used.
2012 Coordinated Grant Application and Policies 32
Logic Model (continued from Section II):
9. Logic Model
What Is A Logic Model
A logic model is a chart that shows how a particular program will work and what the results
will be. It includes:
• Inputs - resources such as money, employees, equipment, etc.
• Activities — program activities which use the inputs to address an identified need.
• Outputs — outputs are the results of the activity, typically measured in terms of the
volume of work accomplished.
• Outcomes — outcomes are the benefits to individuals, families, organizations, and
communities derived from participation in a program or service. Outcomes are measurable,
but can be difficult to quantify. They are often divided into short, intermediate and long-
term outcomes.
• Goal(s) — goal of the program defined in terms of how it meets agency goals as well as
those in local plans such as the Consolidated Plan or Homeless Housing Plan.
Please complete a Logic Model for your program. A sample Logic Model has been included below and a template
has been included on the next page
SAMPLE LOGIC MODEL — Youth Violence Prevention Program
Inputs
• Staff
• Violence prevention curriculum
• Partnerships including University Counseling Center, Sheriffs Dept., School District
• Participants
• Grant Funding, May fundraiser, United Way fundin
ZL
Activities
• Delivery of violence prevention curriculum in schools (pre-K to 4 th grade)
• Intensive violence prevention groups to high risk youth
• Intensive outreach services to families with high -risk youth
• DARE (Drug Abuse Resistance Education)
• Family Empowerment pro3ect services to families
Outputs
• 4 -6 hours of violence prevention education for 1,890 students (aged Pre -K to 4 grade)
• 480 students receive intensive prevention traiing in 10 week groups of 6 -10 students
• 185 at risk families receive intensive outreach services
• 60 at risk families receive Family Empowerment project services
ZL
Outcomes
• Improvement in healthy peer social communication
• Reduction of violent behaviors in school climate
• Increase in healthy behavioral patterns in handling stress
• Increase in family support
• Consumer satisfaction
Goals
• Community violence prevention
• Meets Consolidated Plan Objective PS -2
2012 Coordinated Grant Application and Policies 33
LOGIC MODEL — (program name)
Inputs
V
Activities
Outputs
�7
Outcomes
Goals
2012 Coordinated Grant Application and Poles 34
A A Form
Total Agency Budget A -2
Staff and Board Profile A -7
Salary Summary A -B
Total Project /Program Budget Revenue A -12
Total Project /Program Budget Expenses A -13
This Page Intentionally Blank
Tottao'%genc y Budget
a =chment a -2
❑ accrual basis ❑ cash basis
2010 2011 2012 vanance
AGENCY REVENUE AND EXPENSES ba¢v+reen
column 1 Column 2 Column 3 col 2& 3
AGENCY REVENUE
Beginning Fund Balance - -
Federal Revenue -
WA State Revenue - -
Local Revenue
Private Funding Revenue -
Grantee Revenue
Miscellaneous Revenue - - -
Total Agency Revenue (A) $000 $000 $000 $000
AGENCY EXPENSES
Personnel (including payroll taxes, benefits)
Managers -
Staff
Subtotal
Supplies/Equipment
Equipment
Office Supplies
Other (describe) -
Subtotal
Administration
Advertising
Audit
Communication -
Insurance/Bonds
Postage /Printing -
Operations and Maintenance Expenses -
Training/Travel/Transportation -
Other (describe) -
Subtotal
Program/Project Costs
Other (describe) -
Other (describe) -
Other descnbe _
Other (describe)-
Other (describe) -
Other (describe) -
Other (describe) -
Other describe
Subtotal _
Other Costs
Other (describe)
Subtotal
DIRECT EXPENSES (before depreciation)
Depreciation (budding and equipment)
OR -if cash basis -Asset acquisition -
TOTAL DIRECT EXPENSES B SO 00 $0.00 $0.00' s0 00
DEFICIT OR EXCESS - (A) MINUS (B) $000 1 s0 00 T $000 SO 00
NOTE If an expenditure line item is larger than 10% of the budget, include an attachment showing detail
Staff & Board Z ,
Senior & Low
Profile Total Income
A -7 a cf a I Catego Total W Minorities* Totals*
c �c ?' cv
Z N v > v m o c c
OW O y Cc ` m �a C o c
Q O c co m N Q co N cc U N M ° c N O
c v v? c v? OC o w m U
IL (3 cc 3 S in r m 5 Co E L rs � Q
VH w �cc 2N � w ZQ > >� >, E E 3 Cc c
ca 2
I t Y V L- C U LL - W J
O V L N N S2 p `� L rte-. «U N N
m C Z d m ad Q O V O LL O O
Executive Director p
Board of Directors p
Administrators p
Professionals p
Technicians p
Protective Service p
Worker
Para Professionals p
Office - Clerical p
Skilled Craft p
Service Maintenance p
Volunteers p
Other: p
"These numbers are portions of the total number
reported and therefore cannot exceed the total
NOTE Race and ethnicity are considered separate
and distinct identities, with Hispanic or Latino origin
asked as a separate question Thus, in addition to
their race or races, all respondents are categorized
by membership in one of two ethnicities, which are
"Hispanic or Latino" and "Not Hispanic or Latino"
Salar Su
Attachment A-8
)Description 2012 Projected Agency Budget
� of Professional FrEs 0.00
Number of Clerical FrEs 0.00
Aumber of all other FI-Es 0.00
ITotal Number of FrEs 0.00
in
qSalary of Executive Director or CEO $0
�,Salaries of Professional Staff $0
K��Iari es of Clerical Staff
bther Salaries (Describe Below)
Description: $0
Description: $0
~
4_ Description. �O _,__
'Total Salaries --
i ' Kotal ra2r Taxe -_ ' -_ -_ _----__---_ ___---_ -'-- -------------`----' -- -----
« �8
Jotal �
Cost Pf0ene�ts__ --_
� l
NTota| Cost ofRetirement �w �
� - --'--------' -
�nm��n ~ �� n
�==��`���=====��
Total Project /Program Budget - Revenue
Attachment A -12
2012 Only 2012 Only
PROGRAM /PROJECT 2010 2011 2012 . �v
REVENUE AND EXPENSES column 1 column 2 Column 3 Z o > = ° >
FILL BLUE CELLS ONLY E c c o o
0 0
PROGRAM /PROJECT REVENUE 0 0 V V
Beginning Fund Balance
Federal Revenue
Federal - City of Bremerton CDBG
Federal - City of Bremerton HOME
Federal - Kitsap County CDBG
Federal - Kitsap County HOME
Federal - USDA
Federal - Other (specify)
Federal - Other (specify)
Federal - Other (specify)
Subtotal
WA State Revenue
WA State - Other (specify) CTED
WA State - Other (specify) HTF
WA State - Other (specify) WCC
WA State - Other (specify)
Subtotal
Local Revenue
Local - Affordable Housing Program (AHGP)
Local - Homeless Housing Program (HHGP)
Local - Kitsap County Human Services
Local - Other (specify
Local - Other (speci
Subtotal
Private Funding Revenue
Private Funds - Contributions
Private Funds - Foundations /Grants
Private Funds - Legacies & Bequests
Subtotal
Agency Revenue
Gains on Investment Transactions
Investment Income
Membership Dues - Individuals
Program Svc Fees /Net Incidental Revenue
Sales Service, Materials
Sales to the Public (Net Revenue)
Special Fundraising Events Net
Subtotal
Miscellaneous Revenue
In -Kind
Miscellaneous Revenues
Subtotal
Total Program /Project Revenue/ %Committed 2010 2011 2012 committed conditional tentative
##### ###ate
70tz0 Budget a [EmpandRuirre
Q4ikachment A -13 park b
2010 2011 2012,
PROGRAM /PROTECT REVENUE ARID EXPENSES Actual Current: Projected
Column 1 Column 2 Column 3
I TOTAL REVENUE (from Attachment A -12 REV) (A) #REF' #REF'
EXPENSES FOR PROGRAM / PROJECT OPERATIONS
Personnel (including payroll taxes, benefits)
Managers
Staff
Other descnbe
Subtotal
Supplies/Equipment
Equipment
Office Supplies
Other (describe)
Subtotal
Administration
Advertising
Audit
Communication
Indirect Administrative Expense
Insurance/Bonds
Postage /Printing
Operations and Maintenance Expenses
Training/Travel
Transportation
Other (descnbe
Subtotal
Acquisition Costs
Acquisition
Appraisal/Surveys
Other (descnbe)
Subtotal
Development Soft Costs
Appraisal
Design, Architecture
Engineering
Marketing
Operating Reserve
Processing, Settlement and Financing
Other descnbe
Subtotal
Development Hard Costs
Clearance/Demolition
Construction
Improvements
Rehabilitation
Other descnbe
Subtotal
Other Costs
Professional Services (describe)
Relocation
Other descnbe
Subtotal
DIRECT PROGRAMIPROJECT EXPENSES before de reciation
Depreciation (building and equipment)
OR -if cash basis -Asset acquisition
TOTAL DIRECT PROGRAM/PROJECT EXPENSES B
Number of Units of Service (C)
Define Unit (ie person household unit/bldg, facility)
AVERAGE TOTAL COST PER UNIT B / C #DIV /0 #DIV /0' #DIV /0'
DEFICIT OR EXCESS - A MINUS B #REF' #REF? #REF'
NOTE For expenditures larger than 10% of the budget, Include an attachment showing detail
A=Ch n ent Q -2 3 Puz 2
2012 Sources of Funding Detail
Mitsap ctitsap Mitsap Mitsap City of City of All
County County County County Bremerton Bremerton Other
CDBG HOME HHGP AHGP CDBG HOME Sources
Personnel (including payroll taxes, benefits)
Managers
Staff
Other
Subtotal
Supplies/Equipment
Equipment
Office Supplies
Other
Subtotal
Administration
Advertising
Audit
Communication
Indirect Administrative Expense
Insurance/Bonds
Postage/Pnnting
Rent/Utilities
Training/Travel
Transportation
Other
Subtotal
Acquisition Costs
Acquisition
Appraisal/Surveys
Other
Subtotal
Development Soft Costs
Appraisal
Design, Architecture
Engineering
Marketing
Operating Reserve
Processor , Settlement and Financin
Other
Subtotal
Development Hard Costs
Clearance/Demolition
Construction
Improvements
Rehabddation
Other
Subtotal
Other Costs
Professional Services other
Relocation
Other
Subtotal
QIRECT PROGRANUPROJECT EXPENSES
Attachme B Forms____________________
Agency C®BG /HOME History Form B -3
C®BG National Objective and Eligiblity B -10
HOME Beneficiary and Eligiblity B -10
This Page Intentionally Blank
A CDBG /HOME Hist Form
Attachment B -3
CDBG /HOME Check the appropriate boxes
Year Project Name Dollar Amount Funds Funding Vouchered by Source Ci ty or
6/30/10 County Funds
CDBG ❑ City ❑
HOME ❑ county ❑
CDBG City Li
HOME ❑ County ❑
CDBG City
HOME ❑ County ❑
CDBG City ❑
HOME ❑ Coun ❑
CDBG city
HOME ❑ County ❑
CDBG LI City
HOME ❑ County ❑
CDBG ❑ City ❑
H OME ❑ county ❑
CDBG ❑ City
HOME ❑ County ❑
CDBG C o,t u y nty H OME ❑ ❑
CDBG ❑ city ❑ Coun ❑
___CDBG National _Object and Eligiblity
Attachment B -10
This form contains two parts, both parts must be completed. Part one discusses how your project
meets a National Objective Part two is how your project is eligible for CDBG funding The form is
designed to have you check the boxes by simply clicking on them
PART ONE
CDBG Activity - Beneficiary
An eligible CDBG activity must meet one of the following three national objectives Place a check
in the box next to the objective your project meets and then check the box indicating how the
project meets that objective Attach the documentation specified for the national objective (refer
to Appendix D of the CDBG /HOME Policy Plan. Required documentation for each national objective is
marked with a 0).
NOTE: If your project is a permanent housing project, do not complete this form. Instead use the
HOME Beneficiary and Eligibility Determination Form
❑ 1. Principally Benefit Low and Very Low Income
Mark which of the following ways the project will meet this National Objective
(check only one)
❑ Area Benefit
❑ Limited Clientele
• At Least 51% of beneficiaries are low or very low income
• Must check one of the four boxes below on how this will be met
• Documentation required is determined by selection of the following
❑ Presumed Benefit
Check this box when the activity benefits one of the presumed low income groups
abused children, battered spouses, elderly persons, handicapped persons, homeless
persons, illiterate persons, migrant farm workers and persons living with HIV /AIDS
❑ Agency Requires Client Information
Check this box when your agency keeps information on client income and family size
_which can document whether or not 51% or more of the clientele are persons
whose family income does not exceed low and moderate income limits for Kitsap
County
❑ Income Eligibility Requirement
Check this box when your agency uses income screening to limit the benefits of the
CDBG funded activity to only those persons who are low and very low income
❑ Nature /Location
Check this box when the act61vity is of such a nature and in such a location that it
may be concluded that the clientele will be primarily low and very low income, for
example, a food bank near an assisted housing project
❑ Removal of Architectural Barriers
❑ Assistance to Owners of Microenterprises
❑ Employment Support Services
❑ Housing Activities (Residential)
❑ job Creation or Retention — Economic Development
❑ 2. Reduce or Eliminate Slum or Blight
❑ 3. Meet an urgent Need
PART TWO
CDBG Activity - Eligibility
Select one box below on how this project is eligible for CDBG funds
❑ Acquisition of Real Property '
❑ Acquisition, Construction, Reconstruction or Installation of Public Works Facilities
❑ Acquisition, Construction, Reconstruction or Conversion of Housing Units
❑ Site Improvements
❑ Code Enforcement
❑ Clearance, Demolition, Removal, and Rehabilitation of Buildings and Improvements
❑ Removal of Material and Architectural Barriers which Restrict the Mobility and
Accessibility
❑ Public Services
❑ Planning Activities
❑ Assistance to Community Based Development Organizations (CBDO)
❑ Economic Development Project
❑ Housing Services
❑ Assistance to Facilitate Economic Development
❑ Assistance to Expand Homeownership
❑ Lead Based Paint Hazard Evaluation and Reduction
HOME Beneficiary and E
Attachment B -10
This form contains two parts, both parts must be completed. Part one discusses the beneficiaries of
your project Part two is how your project is eligible for HOME funding. The form is designed to
have you check the boxes by simply clicking on them.
PART ONE
HOME Activity - Beneficiary
Beneficiaries of HOME funds — homebuyers, homeowners or tenants — must have incomes below
80% of the area median income To determine if program applicants are income - eligible,
agencies /organizations must use one of the three allowable definitions of annual (gross) income and
verify income using source documentation such as wage statements, interest statements,
unemployment compensation statements, etc
The three definitions of income allowable under HOME are.
1 Annual Income as defined in 24 CFR Part 5 (Section 8)
2. Census Long Form Annual Income
3. IRS Form 1040 Adjusted Gross Income
For the purpose of determining eligibility based on income, it is the household's current
circumstances that are used to project income. Additional information on the definitions listed
above can be obtained from the Block Grant Offices or Appendix E of the CDBG /HOME Policy Plan.
Mark which of the following type of recipients will be benefiting from your project
check only one
❑ Renters
❑ Owner
PART TWO
HOME Activity - Eligibility
1 Select one box below for the type of HOME project
❑ New Construction
❑ Substantial rehabilitation (> $25,000)
❑ Moderate Rehabilitation (< $25,000)
❑ Tenant Based - Assistance
❑ Other.
2. Select one box below on how this project is eligible for HOME funds.
❑ Homeowner Rehabilitation
❑ Homebuyers Activity
❑ Rental Housing
A a ment C Forms
Operating Pro -Forma C -3
This Page Intentionally Blank
Project Timeline
Attachment C -1
List the specific tasks to complete and manage this project, including the start and end dates for each task
Specific Tasks Start Date End Date
Warrant for Eligiblity for Housing Trust Fu nds
Attachment C -2
The Affordable Housing Grant Program Legislation outlines very specific allowable uses of local funds
as described below
(b) Supporting building operation and maintenance costs of housing projects or units within housing
projects eligible to receive housing trust funds that are affordable to very low- income households
with incomes at or below fifty percent of the area median income, and that require a supplement to
rent income to cover ongoing operating costs.
Applicants requesting funds for Operations and Maintenance must demonstrate that they are
to receive Housing Trust Funds This requirement can be met by one of the following two ways.
Please check either 1 or 2 then complete the information under that heading.
❑ 1. Project has already received Housing Trust Funds.
❑ Documentation verifying receipt of Housing Trust Funds is attached.
❑ 2. The following checklist is used to confirm eligibility
Mark the applicable box under each heading (check only one). Agency will be
responsible for providing proof upon request.
Eligible Applicants
❑ Local Governments
❑ Local Housing Authority
❑ Nonprofit Community, Neighborhood, State or Regional Organization
❑ Federally - recognized Indian tribes in Washington State
❑ Regional Support networks established under RCW Chapter 71.24
Eligible Project Types
❑ Assisted living facilities
❑ Boarding homes
❑ Community land trusts
❑ Emergency Shelters (including shelters for survivors of domestic violence)
❑ Group homes
❑ Homes /loans for low - income homebuyers
❑ Multi - family rental housing
❑ Seasonal and year round housing for farm workers
❑ Transitional Housing
Affordability Standard
❑ Rental payments may not exceed 30% of the maximum monthly income level established
for each assisted housing unit.
Length of Commitment
❑ Applicants must commit to serving the project's target population for 40 years.
Tenant Relocation
❑ Relocation assistance must be provided to any tenants who are permanently or
temporarily displaced [at time of construction]
Project Location and Consistency with Local Plans
❑ Project must comply with applicable local comprehensive plans, HUD Consolidated Plans
and local or state Continuum of Care Plan.
NOTE: This checklist is not warranted to be complete, agency is ultimately responsible for meeting
eligibility requirements for Housing Trust Funds. For full eligibility requirements refer the Housing
Trust Fund Guidelines found on their website at:
htW: / /www.cted.wa.gov/ CTED /documents /ID 1626 Publicabons.pdf
I, the undersigned authorized representative of , warrant that to the best of my knowledge and
professional judgment, the project for which Affordable Housing Grant Program funds are being
requested is in fact eligible to receive Washington State Housing Trust Funds
Signature of Authorized Representative
Printed Name
Date
OO p3P(]Nt( qO pro °COO nna)
AmmChment C-3
Category End Year 1 End Year 21 End Year 31 End Year 41 End Year 51 TOTALS
Income Inflation rate 250% 250% 250% 290
Tenant Rent units at per month $ - 0 $0 $0 $0 $ -
Tenant Rent units at per month - $0 $0 $0 $0 $ -
Tenant Rent units at per month $ - $0 $0 $0 $0 -
Total Potential Rent $ - $ $ $ - $ $
Less Vacancy Rate 50% $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Bad Debt $0 $0 $0 $0
Total Income $ - $ $ $ - $ - $
Expenses Inflation rate 1 350%1 350%1 350%1 350%
Manag ement =
Management Fee $01 $0 $0 $0 $0
Salaries Staff Jobs Salaries for total FTE ) 01 $0 $0 $0 $ -
Employee Health and Retirement Benefits $0 $0 $0 $0 $ -
Pa roll Taxes $0 $0 sol 0 $ -
Professional Fees i e Audit $0 $0 01 0 $ -
Su lies $0 $0 $0 $0 $ -
Telephone $0 $0 $01 0 $
Postage $0 $0 $0 $0 $ -
Transportation and Local Travel $0 sol $0 $0 $ -
Specific Assistance to Individuals $0 sol $0 $0 $ -
Rental of Equipment $0 $0 $0 $0 $ -
Conferences $0 $0 $0 $0 $ -
Miscellaneous $0 sol $0 $0 $ -
Miscellaneous $0 sol $0 $0 $
Maintenance .
Maintenance Staff Costs $01 $0 $0 $0 $
Building Repair and Maintenance $01 $0 $0 $0 $ -
Landscaping $0 $0 $0 $0 $ -
Garbage $0 $0 $0 $0 $ -
Pest Control $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Uthtres aid by the roe - - ----------------
Electricity sol sol $0 $0 $ -
Water /Sewer $01 sol $0 $0 $ -
Heat and hot water Specifly fuel sol $0 $0 $0 $ -
Taxes/Insure/Reserve - =
Insurance -
Property Taxes $0 $0 $0 $0 $ -
Operating Reserve $0 $0 $0 $0 $ -
Replacement Reserve $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Total Expenses I - $ - $ - $ $ 1 $
�I:AL.11 1X7I1l:LAlUl/.y A�7i7 U l 1l!GU °
Debt Service
1st Mortgage over years $ - $ - $ - $ - $
2nd Mortgage over years $ - $ - $ - $ - $ -
3rd Mort ate over years $ - $ - $ - $ - $ -
Total Debt Service $ - $ - $ - $ $ - $ -
r
Att ach m ent D Fo
Operating Pro -Forma D -3
Development Budget Parts 1 and 2 D -4
This Page Intentionally Blank
Project Timeline
Attachment D -1
List the specific tasks to complete and manage this project, including the start and end dates for each task
Specific Tasks Start Date End Date
apalm flm pro -Foifm
Machment
Category End Year 11 End Year 21 End Year 31 End Year 41 End Year 51 TOTALS
Income Inflation rate 250% 250% 250% 250%
Tenant Rent units at per month $ - $0 $0 $0 $0 $ -
Tenant Rent units at per month $ - $0 $0 $0 $0 $ -
Tenant Rent units at per month $ - $0 $0 $0 $0 $ -
Total Potential Rent $ - $ - $ - $ - $ 1 $
Less Vacancy Rate 50% $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Other Income $0 $0 $0 $0 $ -
Bad Debt $0 $0 $0 $0
Total Income $ I $ - I $ - $
Expenses Inflation rate 1 3 50%1 350%1 3 50%1 350%
Manag ement
Management Fee $0 $0 $0 $0 $0
Salaries Staff Jobs Salaries for total FTE $0 $0 $0 $0 $ -
Employee Health and Retirement Benefits $0 $0 $0 $0 $
Payroll Taxes $0 $0 $0 $0 $ -
Professional Fees i e Audit $0 $0 $0 $0 $ -
Su lies $0 $0 $0 $0 $ -
Telephone $0 $0 $0 $0 $
Postage $0 $0 $0 $0 $ -
Transportation and Local Travel $0 $0 $0 $0 $ -
Specific Assistance to Individuals $0 $0 $0 $0 $ -
Rental of Eq uipment $0 $0 $0 $0 $ -
Conferences $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $01$ -
Miscellaneous $0 $0 $0 $01 $ -
Maintenance .
Maintenance Staff Costs $0 $0 $0 $0 $ -
Building Repair and Maintenance $0 $0 $0 $0 $
Landscap $0 $0 01 0 $
Garbage $0 $0 $0 $0 $ -
Pest Control $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Utilities aid by the prope
Electnat $0 $0 $0 $ -
Water /Sewer $0 $0 $0 $0 $ -
Heat and hot water S eafi fuel $0 $0 $0 $0 $ -
Taxes/Insure /Reserve
Insurance $0 $0 $0 $0 $
Prop erty Taxes $0 $0 $0 $0 $
Operating Reserve $0 $0 $0 $0 $
Replacement Reserve $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Miscellaneous $0 $0 $0 $0 $ -
Total Expenses 1 $ - $ - $ 1 $ 1 $ - $ -
0
Debt Service
1st Mortgage over years $ - $ - $ - $ - $ -
2nd Mortgage over years $ - $ - $ - $ - $ -
3rd Mort ate over years $ - $ - $ - $ - $ -
Total Debt Service $ - $ - $ - $ - $ - $ -
�l
O o 0 0 o D o
Hous ing Use Warrant
Attachment D -3
The Affordable Housing Grant Program Legislation outlines very specific allowable uses of local funds
as described below
(a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects
that are affordable to very low- income households with incomes at or below fifty percent of the area
median income, including units for homeownership, rental units, seasonal and permanent farm
worker housing units, and single room occupancy units,
The Kitsap Regional Coordinating Council additionally'stipulates that capital projects receiving
Affordable Housing Grant Program funs must be used to provide low- income housing for at least 25
years
Applicants requesting funding for capital projects be have an authorized agency representative sign
the warrant below.
I, the undersigned authorized representative of , warrant that to the best of my knowledge and
professional judgment, the project for which Affordable Housing Grant Program funds are being
requested will be used to provide housing to individuals and families at or below 50% of the area median
income for at least 25 years.
Signature of Authorized Representative
Printed Name
Date
Development Budget - Part 1
Attachment D -4
Provide a detailed development budget if your project is for Major Rehabilitation or New Construction
Number of Housing Units. Square Footage
Enter the estimated
development costs associated Estimated Costs Costs per Unit Cost per Cost as % of Funding Source
with your capital project Wgusing Sure Foot Total
Acquisition Costs
Purchase Price #DN /0 #DN /0 #DN /0
Land #DN /0 #DN /0' #DN /0
Improvements #DN /0 #DN /0 #DN /0
Liens and Other Taxes #DN /0 #DN /0 #DN /0
Closing/Recording #DN /0 #DN /0 #DN /0
Extension Fees #DN /0 #DN /0 #DN /0
Other #DN /0 #DN /0 #DN /0
Other #DN /0 #DN /0 #DN /0
SUBTOTAL $ - #DN /0 #DN /0 #DN /0
Construction Costs
Off -site Work #DN /0 - # DN /0 #DN /0
On -site Work #DN /0 #DN /0 #DIV 0
Hazardous Materials Abatement #DIV /0 #DN /0 #DN /0
Demolition #DN /0 #DN /0 #DN /0
Residential Building #DN /0 #DN /0 #DN /0
Commercial Space/Building #DN /0 #DN /0 #DN /0
Common Use Facilities #DN /0 #DN /0 #DN /0
Elevator #DN /0 #DN /0 #DN /0
Laundry Facilities #DN /0 #DN /0 #DN /0
Storage/Garages #DN /0 #DN /0' #DN /0
Landscaping #DN /0 #DN /0' #DN /0
General Conditions #DN /0 #DN /0 #DN /0
Contractor Liability Insurance #DN /0 #DN /0 #DN /0
Contractor Overhead #DN /0' #DN /0 #DN /0
Contractor Profit #DN /0' #DN /0 #DN /0
Contingency #DN /0 #DN /0 #DN /0
FF&E Common Area Furnishings #DN /0 #DN /0 #DN /0
Internet Wiring & E ui ment #DN /0 #DN /0 #DN /0
Sales Tax #DN /0 #DN /01 #DN /0
Other #DN /0 #DN /0' #DN /0
Other #DN /0 #DN /0 #DN /0
SUBTOTAL $ - #DN /0 #DN /0 #DN /0
Development Costs
Land use Approvals #D #DIV 0 #DN /0
Building Permits Fees #DN /0 #DN /01 #DN /0'
System Development Charges #DN /0 #DN /0 #DN /0
Market Study #DN /0' #DN /0 #DIV 0
Environmental Report #DIV 0 #DIV 0 #DN /0
Lead Based Paint Report #DN /0 #DN /0 #DN /0
Power Delivery #DIV 0' #DN /0 #DN /0
Sods Report Geotechrncal #DN /0 #DN /0 #DN /0
Survey #DN /0 #DN 0 #DIV 0
Marketin /Adverbsm #DN /0 #DN 0 #DN /0
Insurance #DN /0 #DN /0 #DIV Of
Other #DIV /0 #DN /0 #DIV0
Other #DIV/0' #DN /0 #DIV 0
Other #DIV /0 #DIV0 #DN /0
SUBTOTAL $ - #DN /0 #DN /0 #DN /0
General Fees
Architectural #DN /0' #DIV0 #DN /0
SPD Architectural Review Fee #DIV 0 #DN /0 #DN /0
En inee ng, Staking & Testing #DN /0 #DN /0 #DIV 0
Le al Accounbn #DIV 0' #DN /0 #DIV 0
Cost Certification #DN /0 #DIV 0 #DN /0
App raisals #DIV0 #DN /01 #DIV0
Special Ins ctions/Testin #DN /0 #DN /0' #DN /0
Developer Fee #DIV /0 #DN /0 #DN /0
Consultant Fee #DIV /0 #DIV 0 #DIV 0
Lock Rate Fee #DN /0 #DN 0 #DN /0
Project Mana ement Fee #DIV/0' #DN /0 #DN /0
Other #DIV 0' #DIV 0 #DIV /0
Other #DN /0 #DN /0 #DIV0
Other #DN /0 #DN /0 #DN /0
SUBTOTAL $ - #DIV /0 #DN /0 #DN /0
Development Costs Subtotal: I - #D #DIV /01
TOTAL PROTECT COST:
Development Budget - Part 2
Attachment D -4
F - Part 2 is to be completed for applicable project financing.
Number of Housing Units: Square Footage:
Enter your estimated
development costs associated
with financing your capital Estimated Costc Costs per Unit Cost per Cost as % of Funding Source
proj (Housing uare Foot Total
Reserves / Contingen
Lease U / Operating / Services #DN /0 #DIV/0 #DIV/0
Development #DIV/0 #DIV/0 #DIV/0
Other #DIV/0 #DN /0 #DIV/0
Other #DN /0 #DIV /0 #DIV/0
#DIV /0 #DIV/0 #DIV /0
SUBTOTAL $ - #DN /0 #DIV /0 #DIV /0
Interest
Construction Period #DIV/0 #DN /0 #DN /0'
Bridge Loan #DN /0 #DIV /0 #DIV/0
Other #DIV/0 #DIV/0 #DIV/0
Other #DIV/0' #DN/0' #DN /0
#DIV /0 #DIV /0 #DN /0
SUBTOTAL $ - #DN /0 #DIV/0 #DIV/0
Construction Loan Costs /Fees: _
Lender Inspection Fees #DIV/0' #DIV /0 #DIV/0
Lender Title Insurance #DN /0 #DIV/0 #DIV/0
Lender Legal Fees #DIV/0 #DIV/0 #DN /0
Loan Fees #DIV /0' #DIV/0 #DIV/0
Loan Closng Fees #DIV/0 #DIV/0 #DN /0
Property Taxes Construction Penod #DIV/0 #DIV/0 #DIV/0
Insurance #DIV/0 #DIV/0 #DIV /0
#DIV/0 #DIV/0 #DIV/0
SUBTOTAL $ - #DIV/0 #DIV/0 #DIV/0
Bridge Loan Fees (ff gggEcablir
Bride Loan Legal #DIV/0 #DIV/0 #DIV/0
Bride Loan Trustee #DN /0 #DIV/0f #DIV/0
Bride Loan Underwriting #DN /0 #DIV/0 #DN /0
#DIV/0 #DN /0 #DIV/0
SUBTOTAL $ - #DN /0 #DN /0 #DIV/0
Permanent Loan Fees
Perm. Loan Fee #DIV/0 #DN/0 #DN /0
Perm Loan Closing Fees #DN /0 #DIV /0 #DIV /0
#DIV /0 #DN /0 #DIV /0
#DIV/0 #DIV/0 #DN /0
SUBTOTAL $ - #DN /0' #DN /0 #DIV /0
Tax Credit Fees
Tax Credit Fee #DN /0' #DIV /0 #DIV/0
Tax Credit Cost Certification #DIV/0 #DIV/0 #DIV/0
Tax Credit Legal/Advisor Fee #DN /0 #DIV/0 #DIV/0
#DIV /0 #DIV/0 #DN /0f
SUBTOTAL $ - #DIV /0 #DIV/0 #DIV /0
Bond Issuance Fees
Cost of Bond Issuance #DIV/0 #DIV/0 #DIV/0
Ne abve Arbitrage % #DIV /01 #DN /01 #DIV /01
Bond Cost Certification #DIV/0 #DIV/01 #DIV/01
Other #DIV /01 #DIV /01 #DIV /0f
#DIV /01 #DIV /0 #DIV /01
SUBTOTAL $ - #DIV/0' #DIV /0f #DIV/01
evelopment Costs Subtotal: 1 $ - I #DIV/01 #DIV /0! 1 #DIV /01
TOTAL PROJECT COST:
This Page Inientionally Blank
A E Form
Preliminary Environmental Review E -2
Permanent Housing Form E -7
Affirmative Marketing E -8
Homeownership Requirements E -9
Rental Housing Requirements E -10
This Page Intentionally Blank
Preliminary - Environmental Review Questionnaire
Attachment E -2
At the site under consideration for the project, please make an observation for each of the Environmental
Compliance Factors listed below. Click on the Yes or for No for the given condition. Fill in the blank with
the appropriate answer for all other questions.
Historical Preservation
Does the project involve a building greater than 45 years old? Yes ❑ No ❑
If yes, does the project involve rehabilitation of some sort Yes ❑ No ❑
Are you aware of any historically significant events that have taken place at the Yes ❑ No ❑
site?
If yes, describe:
Floodplain Management
Is the property where the proposed project is located in a Coastal High Hazard Yes ❑ No ❑
Area, flood way or have a finished floor below the 100 year flood plain?
Does the project propose the development of impervious surfaces (roof or Yes ❑ No ❑
concrete?
If yes, how approximately how many square feet of impervious surface will be developed.
NOTE. Property located in a flood plain will require flood insurance.
Coastal Zone Management
Is the proposed project site within 200 ft. of the Ordinary High Water Yes ❑ No ❑
Mark? (See definition below)
Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by exammmg the bed and
banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition
exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with perrmts issued by
a local government or the department PROVIDED, That in any area where the ordinary high water mark cannot be found, the
ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high water
Wetlands Protection
Does the site or the adjacent areas of the proposed project have the Yes ❑ No ❑
appearance of a swamp, marsh, or slough?
Does the project appear to be wet (standing water) at any time of the year? Yes ❑ No ❑
Noise
Is the proposed project within 1,000 ft of a Highway (or a 4 lane road), or Yes ❑ No ❑
3,000 ft of a radroad
Endangered Species
Is the proposed project site a habitat area for any endangered species? Yes ❑ No ❑
Air
Do you know if there is any asbestos located on the project site? Yes ❑ No ❑
Hazards
Explosive or Flammable Tanks
Does the site for the proposed project have any visible storage tanks for a Yes ❑ No ❑
flammable substance within a quarter of a mile?
Is the proposed site within a quarter of a mile from a loading terminal for a Yes ❑ No ❑
flammable substance?
Does the proposed site have high pressure gas lines or overhead transmission Yes ❑ No ❑
lines present within 200 ft
Hazardous Waste
Will the proposed project be located on fill land? Yes ❑ No ❑
If yes, what materials were used for the fill? Yes ❑ No ❑
Is the project area on or near a site suspected of posing a potential Yes ❑ No ❑
environmental hazards such as a dump, land fill, or industrial location containing
hazardous wastes?
If yes, describe.
Land Use History
What if any prior uses existed on the property:
Note. A "'YES" response to any of these questions may be an indicator that some form of mitigation
could be required for the project
I UNDERSTAND THAT UPON SUBMITTAL OF THIS APPLICATION, NO FURTHER FUNDS OF ANY KIND
CAN BE SPENT ON THIS PROJECT UNTIL A HUD APPROVED ENVIRONMENTAL REVIEW IS COMPLETE.
FUNDS BEING SPENT ON THE PROJECT AFTER APPLICATION SUBMITTAL COULD JEOPARDIZE THE
ELIGIBILITY OF THE PROJECT FOR HUD FUNDS
Signature
Printed Name
Date
Permanent Housing Requirements Form
Attachment E -7
This form contains three sections and describes how the protect will meet various requirements under the
HOME Program. To complete the form, fill in the shaded areas. The form is designed to do all calculations
for you
Per -Unit Cost
HOME rules allow a maximum investment of HOME funds to ensure the project is not oversubsidized The
City of Bremerton allows a maximum HOME subsidy of $30,000 per units for homeownership projects The
maximum subsidy allowed for all HOME rental projects is $157,410 per 1 -1311 unit
PROJECT COST 11HOME COST
Total Project Development Cost $000 HOME Costs $000
Total Number of Units in the Project 0 HOME Units 0
Cost per unit #DIV /0 ;HOME cost per unit #DIV /0
1 �
Match Contribution
The HOME Program has a 25% match requirement on all projects funded with HOME dollars Projects
receiving HOME funds must be able to provide an acceptable form of match
Total HOME funds requested $000
Match contribution $0.00
What percent of HOME request is Match? #DIV /0
Source of Match
Long Term Affordability
Indicate the number of years the project will be retained as affordable housing for your target income level
and how this will be accomplished, for example, land covenants or deed restrictions (See Policy Plan and
instructions for requirements) If the project is for assistance to homebuyers, include a specific description
of the resale /recapture procedures that will be used
Number of years Project will remain affordable 0
Affirmative Market'i
IIIT
9--
Attachment E-8
' Affirmative Marketing under HOME regulations:
1) Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons from
all racial, ethnic, and gender groups
2) At a minimum, project sponsors will be required to use affirmative fair housing marketing practices in soliciting
renters or buyers, determining their eligibility, and concluding all transactions.
3) Any HOME-assisted housing must comply with the following procedures for the duration of the applicable
compliance period.
a) project sponsor advertising of vacant units must include the Equal Housing Opportunity logo or statement
(newspapers, radio, television, brochures, leaflets, signs, etc.)
b) The project sponsor will be required to solicit applications for vacant units from persons in the housing
market who are not likely to apply for the housing without special outreach (use of community organizations,
places of worship, employment centers, fair housing groups, etc.)
c) The project sponsor must maintain records containing documentation of all marketing efforts (copies of
newspaper advertisements, memorandums of telephone calls, copies of letters, etc.)
d) A listing of all tenants residing in each unit at the time of application submittal through the end of the
compliance period must also be maintained
e) Records to assess the results of the affirmative fair housing marketing actions must be available for
inspection by the City of Bremerton and Kitsap County HOME Program administrators
,Describe the methods of affirmative marketing that will be undertaken as part of the HOME -�
e
14
!y 111
i ii
Homeownership Requirements
Attachment E -9
Homeownership Income Targeting - Provide the information requested for HOME assisted units.
Size of House and Income Level Number of Monthly Targeted Assumed PITI divided by Median Comments
Houses / Payment Maximum HH Family / monthly Income*
Units (PITI) Income Household Size income adjusted for
family size
ONE BEDROOM
of Median Income
of Median Income
of Median Income
TWO BEDROOM
of Median Income
of Median Income
of Median Income
THREE BEDROOM
of Median Income
of Median Income
of Median Income
FOUR BEDROOM
of Median Income #DIV
of Median Income
of Median Income #DIV /0
TOTAL 0
To assure compliance with HOME regulations, please describe the method used to assure each following.
1 Describe the process that will be established to assure that
the rents charged in the HOME assisted rental projects do
not exceed the allowable amount under HOME program
2 The assisted housing will be the owner's principal residence
3 The purchase price of the property, or the appraised value
of a property already owned after rehabilitation will be less
than 95% of the median area purchase price
*Median Income = Median Family Income Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the basis
of state and local earnings data and is published for cities and counties See page 14 of the Coordinated Grant Application and Policy Plan.
Rental Housing Requirements
Attachment E -10
project Rent Schedule
Type of Unit # of Targeted Targeted Proposed Tenant Paid Tenant Type of Proposed rent
Units Family Household Monthly Rent Utilities / Monthly Subsidy (if as a % of
Size Income Services ** Rent Plus any) income
Utilities
SRO #DIV/01
of Median Income #DIV /01
of Median Income #DIV/01
of Median Income #DIV/01
ONE BEDROOM #DIV /01
of Median Income #DIV/01
of Median Income #DIV/01
of Median Income #DIV /01
TWO BEDROOM #DIV /01
of Median Income #DIV/01
of Median Income #DIV/01
of Median Income #DIV /01
t REE BEDROOM #DIV/01
of Median Income #DIV /01
of Median Income #DIV /01
of Median Income #DIV /01
TOTAL 0
* *List Utilities and Sevices to be paid by tenant.
Median Income = Median Family Income. Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on
the basis of state and local earnings data and is published for cities and counties See page 14 of the Coordinated Grant Application and Policy Plan.
HOME Rents
Describe the process that will be established to assure
that the rents charged in HOME assisted rental
projects do not exceed the allowable amount under
HOME program regulations
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_ A
Census Tract Map
This Page Intentionally Blank
Kitsap County and
City of Bremerton
Census Tracts 2000
1 0 1 2 3 4 5 WN
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Bremerton
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m S
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f hlurrrl
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-----------------Appendix B
City of Bremerton Slum and Blight Zones
i
This Page Intentionally Blank
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Gloss
Administrative Expenses Those expenses directly associated with the recipient's administration of a
project or program, such as salaries, supplies, equipment, accounting, phones, audits, benefits, travel
and indirect costs
Affordability Affordability is achieved when a household's rent or mortgage payment, plus utilities,
does not exceed 30% of the monthly income for the targeted income group as adjusted for household
size.
Annual Action Plan: This document allocates one year's funding to specific projects and activities for
the CDBG and HOME programs. It is submitted annually to HUD, 45 days prior to the start of the City's
and County's fiscal year or no later than November 15 and is developed in accordance with federal
regulations (24 CFR Part 91).
Architectural Barriers Restrict mobility and accessibility of elderly or individuals with disabilities.
Benefit Criteria A CDBG activity must either principally benefit low or very low income persons, reduce
or prevent slums and blight or meet a recent urgent need. These three objectives are the Benefit
Criteria.
Cash Flow Gross income minus vacancy rate, operating expenses, reserves, debt service and taxes.
Grant Recommendation Committee IGRC) A group of eight citizens meeting specific qualifications,
who develop funding recommendations for approval by the Kitsap Regional Coordinating Council (KRCC)
and Bremerton City Council.
Citizen Participation Plan: This plan is prepared to facilitate and encourage public participation and
involvement in the Consolidated Plan process and the City's and County's CDBG and HOME program,
especially by low- and moderate -income persons. The plan identifies the public participation requirements
as identified by federal regulations (24 CFR Part 91).
Committed Funds Funds committed to a project by a project funding source. The award amount,
terms and uses of the committed funds are documented in a letter to the applicant. A copy of this award
letter is included with the application for CDBG /HOME funds.
Conditional Funds Funds committed, with conditions, to a project by a project funding source. The
conditions of the commitment, amount, terms, and uses are documented in a letter to the applicant. A
copy of the letter is included with the application for CDBG /HOME funds.
Consolidated Annual Performance Evaluation Report (CAPER): This document reports on the
progress in carrying out the Consolidated Plan and Annual Action Plan. The report is prepared annually by
both the City and County in accordance with federal regulations (24 CFR Part 91). It is due to HUD no
later than 90 days after the end of the program year or March 31.
Consolidated Plan: This document serves as the City's and County's application for CDBG and HOME
funds. It sets forth the priorities and strategies to address the needs of primarily low- and moderate -
income persons and areas in the county. It typically covers a five -year time period It is submitted to HUD
45 days prior to the start of the program year or no later than November 15 and is developed in
accordance with federal regulations (24 CRF Part 91).
Consultant Fees Fees paid to a third party developer consultant for costs associated with
implementation of a project.
Entitlement Community A local jurisdiction that receives an allocation of Community Development
Block Grant funds directly from HUD. All participating jurisdictions are entitlement communities,
however, not all entitlement communities are participating Jurisdictions.
Interlocal Agreement Agreements made to ensure the cooperation of units of local government
which form consortiums for the purpose of obtaining funding.
Low- and Moderate- Income Households (LMI): These are households earning less than 80% of the
area median income (AMI). They are broken down into the following income designations:
• Extremely Low - Income: households with incomes less than 30% of the area median family
income adjusted for household size.
• Low - Income: households with incomes between 31% and 50% of the area median income,
adjusted for household size.
• Moderate - Income: households with incomes between 51% and 80% of the area median
income, adjusted for household size.
Low- and Moderate - Income Area Neighborhood (LM& In general, this is defined as census tracts
or block groups where a minimum of 51% of the residents have low or moderate incomes (i e. not
exceeding 80% of the area median income).
Median Family Income: HUD releases income limits annually for its programs. Income limits are
calculated using American Community Survey and Census data. Data for Kitsap County is based on the
Bremerton - Silverdale Metropolitan Statistical Area (MSA). Incomes are indexed by household size.
Operating Support Financial assistance used to supplement the day -to -day operations of a project.
Participating Jurisdiction This term refers to cities, counties and consortia which receive an
allocation of federal HOME funds directly from HUD.
Program Year: The program year for both the County and City CDBG and HOME programs is January 1
through December 31, which is the same as the County and City's fiscal year.
Project Management Costs directly related to managing the project to the point of completion
normally paid to a third party.
Project Soundness The feasibility, sensibility, and effectiveness of the project to meet a defined
community need and the organizational strength and capacity to bring the project to completion.
'
�� ��� D ____-_____
~~~~~~ Instructions
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Bu In
Instructions: Total Agency Budget (Attachment A -21
Information on this form provides a comparison of agency revenues and expenses over a three -
year period. You MUST use a calendar year beginning January 1 and ending December 31 in
completing this budget form.
General:
• COLUMN 12010 Information provided in this column will be prior year actual revenues
and expenses.
• COLUMN 2 2011 Information provided in this column is current year (2011) revenues
and expenses. May include mid -year adjustments.
• COLUMN 3 2012 Information provided in this column is proposed 2012 revenues and
expenses - the year of the grant request.
• COLUMN 3 2012 This column calculates automatically to show the difference between
2011 and 2012 budgets.
Revenue:
• Please combine all similar funding sources into the categories provided. Sum for "Total
Agency Revenue" is calculated automatically. It should represent your agency's total
operating revenue.
Expenses:
• Personnel, Supplies / Equipment, Admin, and Other Costs these categories refer
to overall agency expenditures (not to specific programs or projects)
• Personnel line items Please include pay, benefits, taxes, and other personnel related
costs in this category
• Program/Project Expenses Please use this category to show the expenses
associated with each of the different programs /projects your agency carries out. Sum
the total expenses for each program /project separately and enter each on its own line.
The program /project for which you are seeking funding must shown under the "Prg /Prj
1" line The 2012 total for this line will be the 2012 total for form A -13, "Program /Project
Budget — Expenses ".
• Deficit or Excess This field auto - calculates the difference between revenue and
expense auto - calculates for each year.
Instructions: Total Program /Project Budget — Revenue (Attachment A -12)
This form provides a detailed listing of all revenue sources you are seeking or have received for
the project/program for which you are requesting funding.
• COLUMN 12010 Information provided in this column is actual revenue for prior year
(2010) program /project operations.
• COLUMN 2 2011 Information provided in this column is budgeted revenue for current
year (2011) program /project operations. May include mid -year adjustments.
• COLUMN 3 2012 Information provided in this column is projected revenue for next
year (2012) program /project operations This is the year for which you are applying for
grant funding.
• Committed /Conditional /Tentative For the funding sources listed in the 2012
column, enter the percent of funding which is committed, conditional or tentative for
each funding source. Since you may have multiple grants from the sources listed, you
should sum the amounts and derive a prorated percent. For example, if you have
$100,000 committed 2010 USDA funds, and $50,000 tentative 2012 USDA funds, you
would show 66% committed, and 33% tentative for USDA.
• Committed means you have proof of an award, such as a contract or award
letter, indicating no conditions or contingencies on the funding.
• Conditional means you have received an award, but it is conditioned up
circumstances you have not yet fulfilled, such as local matching funds.
• Tentative mean you have applied or plan to apply for funding, but have not
received any funding commitment to date. All funds covered by the 2012
Coordinated Grant Application are Tentative
• Total Agency Revenue The last line of this worksheet automatically calculates Total
Project/Program Revenue. This amount will automatically populate "Total
Project/Program Revenue at the top of Attachment A -13, "Total Project/Program Budget
— Expenditure ".
Instructions: Total Program /Project Budget - Expenditure (Attachment A -13)
This form provides a detailed listing of all expenditures for the program /project for which you
are seeking funding. The form also includes detail for the planned expenditure of grant funds
covered by the 2012 Coordinated Grant Application.
• COLUMN 12010 Information provided in this column are actual expenditures for prior
year (2010) program /project operations.
• COLUMN 2 2011 Information provided in this column are budgeted expenditures for
current year (2011) program /project operations. May include mid -year adjustments.
• COLUMN 3 2012 Information provided in this column are projected expenditure for
next year (2012) program /project operations. This is the year for which you are applying
for grant funding.
o This column is protected. Data is automatically filled when you complete the
7 columns on the right side of the spreadsheet, "2012 Sources of Funding
Detail".
• Total Revenue cell at the top of this form will be automatically filled with the total from
Attachment A -12, "Total Project/Program Budget — Revenue.
Depreciation /Asset Acquisition Please complete if applicable
• Cost per Unit This section asks Agency project the number of "units" the entire
pro]ect/program will accomplish. Agency then must define a "unit ". The spreadsheet will
automatically calculate a cost per unit based on projected units and expenditure budget.
o Please follow these guidelines for defining "unit" for your program /project:
■ Development/rehab of housing or public facility = one facility or
housing unit (apartment, single family home, shelter, etc)
■ Human services program /project = individual
■ Housing services projects = household (rehab, weatherization)
■ Please do not define a unit as an "hour of service ".
• Deficit or Excess form will automatically calculate the difference between project
revenue and project expense to determine operating deficit or excess.
• 2012 Sources of Funding Detail For each funding source covered under the 2012
Coordinated Application, please enter detailed expenditure information using the
categories provided.
o Subtotals and Program /Project totals will calculate automatically.
• Printing Attachment A -13 is one spreadsheet that is set up to print on two 8.5x11 size
pages; page one is the expenditure budget, and page two is the 2012 Sources of
Funding Detail
Definitions ®f Spe Budget Lime Items
Revenue
Beginning Fund Balance: Assets (cash) less liabilities (outstanding bills, payroll, etc.) from
the previous year.
Federal Revenue: May include HUD funds (CDBG /HOME, McKinney - Vento, SHOP), USDA,
DOE, DSHS, and other federal sources
WA State Revenue: Includes funds directly from State revenue sources such as Washington
State Housing Trust Fund. Funds which originate from the federal level but are administrated by
the State should be included under Federal Revenue.
Local Revenue: May include Homeless Housing Grant Program (HHGP), Affordable Housing
Grant Program (AHGP), and others.
Private Funding Revenue: May include legacies and bequests, foundations and private
grants, private contributions (such as board member contributions).
Agency Revenue: May include contributions, membership fees, program service fees, sales,
investment income, special events.
Miscellaneous Revenue: Includes those items not included in the categories above.
Expenses
Direct Expenses: This classification includes direct costs that can be specifically identified
c with delivery of a particular project, service, or activity undertaken by an organization to
achieve a specific outcome. Direct program costs include expenditures on some activities with
administrative qualities, including salaries and benefits of program staff and managers,
equipment, training, conferences, travel, that are directly related to the delivery of a specific
program or project.
Personnel: This classification includes salaries and wages earned by an agency's regular
employees (full or part-time) and by temporary employees (including office temporaries) other
than consultants and others engaged on an individual contract basis. Includes Employee Health
& Retirement Benefits, Payroll Taxes, etc
Supplies/ Equipment: This classification includes cost of materials, equipment and other
supplies used by an agency.
Professional Fees: This classification includes fees and expenses of professionals and
consultants who are not employees of the reporting organization and are engaged for specified
services.
Administration
Advertising: This classification includes costs associated with advertising in the newspaper,
on the web, radio or television.
Audit: This classification includes the cost of obtaining professional services to conduct an
audit of the agencies financial records.
Communication: This classification includes all telephones, internet and similar expenses.
Indirect Administrative Expenses: This classification includes indirect costs /expenses or
overhead and refers to central administrative functions that do not directly support a specific
program or project. These costs are not readily assignable to a particular program funding
stream. Typical indirect costs include accounting, budgeting, personnel and legal services.
Insurance/ Bonds: This classification includes agency insurance costs and bonds
Postage and Printing: This classification includes postage, parcel post, trucking, other
delivery expenses, including shipping supplies and printing costs.
Operations & Maintenance: This classification includes all costs arising from an agency's
occupancy and use of owned or leased land, buildings and offices, including rent and
utilities.
Training /Travel /Transportation: This classification includes costs associated with staff
training, travel expenses and transportation costs for agency leased /owned vehicles.
Other: This classification includes other administrative costs not included in other
categories.
Acquisition Costs: This classification includes costs associated with the acquisition of real
property including purchase price, liens and other taxes, closing /recording fees, other related
fees.
Development Soft Costs: This classification includes costs associated with capital projects
and includes architectural fees, engineering & surveying costs, appraisals, special site
inspection /testing, building permit fees, and other fees associated with the development of the
project.
Development Hard Costs: This classification includes construction costs associated with
capital projects including hazardous material abatement, demolition, and construction costs
including contractor liability insurance, overhead and profit.
Other Costs: This classification includes costs not included in other categories.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
......................................................... ...............................
SUBJECT: Public Hearing and passage of Study Session Date 5/11/2011
Resolution No 31±3 amending the COUNCIL MEETING Date. 5/18/2011
Bremerton / Kitsap County CDBG /HOME Department DCD — Block Grant
Citizen Participation Plan. Presenter M Vila/ D McIntyre
Phone. 360 -473 -5375
SUMMARY:
The Citizen Participation Plan (CPP) is mandated by HUD for entitlement jurisdictions in receipt of
Community Development Block Grant and HOME funds Bremerton's CPP is a point document with
Kitsap County Block Grant, and was last updated 1/1/2011
The Plan has been amended to reflect formation of a new, multi -junsdictional Grant
Recommendation Committee, and to amend the definition of "Substantial Amendment"
ATTACHMENTS:
1 Staff Memo
2 Resolution with Exhibits No .3143
Exhibit A City of Bremerton / Kitsap County CDBG /HOME Citizen Participation Plan
FISCAL IMPACTS (Include Budgeted Amount) none
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to pass resolution No adopting the City of Bremerton / Kitsap County CDBG /HOME
Citizen Participation Plan
STUDY SESSION ACTION: ❑ Conse t da ❑ General Business] Public Hearing
COUNCIL PRESIDENT 1
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
1
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Mane Vila, CDBG /HOME Administrator
Date: May 11, 2011
Re: 2012 City of Bremerton /Kitsap County CDBG /HOME Citizen Participation Plan
The CDBG / HOME Citizen Participation Plan is a stand -alone policy document required by HUD
for Entitlement grant awardees such as the City of Bremerton The current Citizen Participation
Plan became effective 1/1/2011, together with the 2011 -2015 Consolidated Plan, and is a point
City of Bremerton /Kitsap County document
The CPP includes policy for ensuring on -going mechanisms for widespread citizen participation
whereby citizens have an opportunity to fully express their needs and wishes for community
improvement
A 30 -day public comment period, commencing April 18, 2011, was advertised in the Kitsap Sun
and Kitsap Newspaper Group All comments received from the public by May 18, 2011, will be
provided to City Council for consideration The amended CDBG /HOME Citizen Participation Plan
will be presented to City Council for adoption in a public hearing scheduled for May 18, 2011
The Citizen Participation Plan amendment is a response to the overall restructuring of the grant
application process for 2012 the City will be conducting a Coordinated Grant Application process in
cooperation with Kdsap County Block Grant and KRCC Homeless and Affordable Housing Grant
programs
Grant Recommendation Committee
As part of its policy, the amended CPP calls for the formation of a Grant Recommendation Committee
to assist with grant application review and award recommendation The GRC structure is different
from the City's previous citizen advisory board
1 There will be 2, 8- member GRCs, one for Capital projects, one for Public Service projects
2 GRC member selection will be made by the three groups represented in the grants
Kitsap County (4), City of Bremerton (2), Continuum of Care (2)
3 GRC member selection will be based on skill, professionalism, and geography
i
Amendments to the Annual Action Plan
A specific process is defined in the Citizen Participation Plan in the event an amendment to the
Annual Action Plan is required
The amended Citizen Participation Plan presented for Council approval has been amended to no
longer require Substantial Amendment for changes of 10% or greater to the total project budget or
budget line item
If you have any questions about the program or recommended funding, please do not hesitate to
contact me at 473 -5375
• Page 2
E X�_1 1 Q IT A
RESOLUTION NO. 3 1 q 3
A RESOLUTION of the City Council of the City of
Bremerton, Washington, amending the CDBG/HOME Citizen
Participation Plan
WHEREAS, the City of Bremerton is an entitlement community which receives a
Community Development Block Grant (CDBG) each year from the Department of Housing and
Urban Development, and also receives funding from HUD's Home Investment Partnerships
(HOME) fund via an inter -local agreement with Kitsap County, and
WHEREAS, the City of Bremerton is required by HUD to establish a Citizen
Participation Plan outlining the public process for allocation for Block Grant Funds, and
WHEREAS, the City of Bremerton's current Citizen Participation Plan was
prepared and adopted jointly by the City of Bremerton and Kitsap County Block Grant Programs
and became effective January 1, 2011; and
WHEREAS, the Department of Community Development CDBG/HOME staff
joined with Kitsap County Block Grant and KRCC Homeless and Affordable Housing Grant
Programs to develop a coordinated funding application which affects the citizen participation
process, and
WHEREAS, the Citizen Participation Plan has been amended to reflect the
creation of a new Grant Recommendation Committee with multi- lunsdictional membership, and
WHEREAS, the Citizen Participation Plan has been amended to no longer require
Substantial Amendment for changes of 10% or greater to the total project budget or budget line
item, and
WHEREAS, the Department of Community Development CDBG/HOME staff
advertised in the Kitsap SUN and posted on the City's websrte on Monday, April 18, 2011, and
in the Newspaper Group on Wednesday, April 15, 2011 a 30 -day written public comment period
commencing April 18, 2011 and ending in a public hearing on Wednesday, May 18, 2011, and
WHEREAS, no comments were received during the advertised public comment
period, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
1
CDBG/HOME Citizen Participation Plan
SECTION 1. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein
SECTION 2. The amended Citizen Participation Plan attached hereto as Exhibit
A is hereby adopted
SECTION 3. SeverabzhU If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this
day of 9 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \Legal \Legal \Resolutions \Community Development\CDBG/HOME Citizen Participation Plan doc
2
CDBGIHOME Citizen Participation Plan
Appendix A
Citizen Participation Plan
CITY OF BREMERTON AND KITSAP COUNTY
CITIZEN PARTICIPATION PLAN
Introduction
Kitsap County and its consortium cities of Port Orchard, Poulsbo and Bainbridge Island receives
both Community Development Block Grant (CDBG) and Home Investment Partnership (HOME)
funds The City of Bremerton receives Community Development Block Grant funds as its own
entitlement, and HOME funds through its membership in a Consortium with Kitsap County
Both the City of Bremerton and Kitsap County are committed to assuring opportunities for
citizen involvement in decisions concerning activities taking place within their communities
Each year the City of Bremerton and Kitsap County are eligible to receive CDBG and HOME
funds There are specific rules and regulations governing the allocation and use of the funds,
including provisions for citizen involvement in decision making In order to facilitate citizen
involvement, both jurisdictions adopt a Citizen Participation Plan
Beginning with the application cycle for 2012 funding, Kitsap County and the City of Bremerton
Block Grant Programs have joined with the Homeless Housing Grant Program and Affordable
Housing Grant Program to develop a combined funding & application process The combined
process will include a single application for funds, a single Grant Recommendation Committee
(GRC) process and funding recommendation Funding recommendations will continue to be
approved by the Kitsap Regional Coordinating Council (KRCC) for County CDBG /HOME funds
and by the Bremerton City Council for City CDBG /HOME funds This Citizen Participation Plan
reflects the changes that have been made to the annual application process
Purpose
The purpose of the Citizen Participation Plan is to provide an on -going mechanism to ensure
widespread citizen participation whereby all citizens have an opportunity to fully express their
needs and wishes for community improvement Special efforts will be made to encourage
participation by
• Low- and moderate - income persons, particularly those living in slum and blighted
areas
• Residents of predominately low- and moderate - income neighborhoods
• Minorities and non - English speaking persons, as well as persons with disabilities
This plan provides opportunities for representation of all of the citizens of Kitsap County and the
City of Bremerton by allowing them to have a voice in the decision - making process and giving
them greater power and control over activities taking place within their communities
Annual Allocation Process / Action Plan Submission
Together the entitlement jurisdictions conduct a competitive annual process to determine
allocation of CDBG and HOME funds The public is encouraged to participate in the process
and its end product —the submission of an annual Action Plan to HUD
A. Notice of Funding Availability & Application
In April of each year a notice will be published in the newspaper of record to announce
funding availability and provide details about the Application This notice will begin a 30 -day
comment period on the Draft Application and include the date and time of public hearings to
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 1
take citizen comments Notifications will also be sent to any agency or organization who
requests to be placed on our mailing lists
Upon approval of the Application by the Kitsap Regional Coordinating Council and
Bremerton City Council, the Application will be available from
Kitsap County Block Grant Division
345 6th Street, Suite 400, Bremerton, WA 98337 -1873
Applications are also available in PDF format on the Kitsap County website
http / /www kitsapgov com /hr /block grant program /block grant program htm
and
City of Bremerton, Community Development Block Grant
345 6 Street, Suite 600, Bremerton, WA 98337 -1873
Applications can be obtained online at http / /www ci.bremerton wa.us /display php ?id =864
Applications will be made available in a format accessible to persons with disabilities upon
request Application submittal instructions and due date are included in the Application
packet Applications must be mailed or hand delivered by the due date, electronic
submission is not available and postmarks are not accepted
B. Technical Assistance
At least one madatory technical assistance session will be held for those interested in
applying for funding During the session, staff will provide information to citizens concerning
who can apply for funds, funds expected to be available, the range of activities that may be
undertaken, priorities for funding, application submission requirements, the application
deadline, and how decisions concerning funding will be made The date and time of the
technical assistance session(s) will be published in the Application, included in the schedule
posted on the web site and emaded to all interested parties on the current mailing list
In addition to the mandatory Technical Assistance described above, Application Pre -
Submittal assistance, to have an application reviewed for completeness, is available by
appointment with staff City and County Block Grant staff is also available by appointment
for one -on -one Technical Assistance to provide guidance to citizens and organizations
regarding specific project considerations
At any time, any citizen may contact the City or County Block Grant Divisions for technical
assistance or general information in relation to programs described in this Plan The
Department will help citizens understand CDBG and HOME funded programs, the
procedures for submitting proposals, the Citizen Participation Plan and other program
requirements so they can effectively participate in CDBG and /or HOME programs and the
funding process
C. Application Review & Grant Recommendation Committee Process
Applications will be reviewed by Block Grant Staff to determine compliance with technical
requirements including eligibility for CDBG and /or HOME funds Eligible applications will be
given a score rating the organizational and financial capacity of the organization submitting
the application Eligible applications will be provided to a Grant Recommendation
Committee (GRC) for consideration
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG/HOME CITIZEN PARTICIPATION PLAN
PAGE 2
The GRC will review all proposals, interview applicants and develop recommendations for
funding based how they address needs & objectives identified in the 2011 -2015
Consolidated Plan and /or Homeless Housing Plan, organizational and financial capacity of
the organization to carry out the program /project, project feasibility, and funding availability
There are two GRCs The Public Service GRC reviews applications for supportive services
or public services The Capital GRC reviews housing, capital improvements, and operations
& maintenance applications Both GRCs play an integral role in the allocation of CDBG and
HOME federal funds according to the needs of the community
While all GRC members must be well - versed in the needs of the community and be willing
to participate in all the activities relevant to the GRCs, each individual GRC requires that
members demonstrate specific skills and qualifications
• The Public Service GRC requires that its members have experience in one or more of
the following capacities background working with non - profit community service
providers as an employee, volunteer, board member or consumer, background with
homeless programs, grant experience, project management, compliance monitoring
and /or practical experience with HUD regulations
• The Capital GRC requires that its members have experience in one or more of the
following areas affordable housing, construction or project management, mortgage
lending, housing development, economic development, real estate, or architecture
Each GRC will be comprised of 8 members as follows
• Two members representing the City of Bremerton and approved by the Bremerton
City Council
• Four members representing Kitsap County and approved by the KRCC
• Two members representing the Contmum of Care and approved by the KRCC
Applicant interviews will be conducted with the GRC. Applicants will have the opportunity
to present their project and the GRC will an opportunity to ask questions At the
conclusion of interviews the GRC will formulate a funding recommendation for approval
by the KRCC and the Bremerton City Council
GRC members serve two terms, terms are staggered so each year there are at least
four returning members Applications for GRC members are solicited each Spring
Applications are reviewed by staff and individuals who meet the above requirements are
recommended to the KRCC and City Council for approval Citizens interested in serving
on either the Public Service or Capital GRC are encouraged to contact
• Kitsap County Block Grant Program Manager, Bonnie Tufts at 360- 337 -4606 or
by email at btufts(a-co kitsap wa us or
• City of Bremerton Block Grant Program Administrator, Marie Vila at 360-473 -
5375 or by email at Mane Vila anci bremerton wa.us
D. Funding Recommendations & Action Plan
Organizations submitting applications will be notified whether or not the GRC has
recommended their proposal for funding The notification will include the date, time and
place of the public hearings, during which the recommendations will be considered by the
Kitsap Regional Coordinating Council and the Bremerton City Council.
I
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG/HOME CITIZEN PARTICIPATION PLAN
PAGE 3
i
I
All projects approved for funding will be included in each jurisdiction's Action Plan A
summary of each action plan will be published in the newspaper of record and on the City's
and County's websites The summaries will describe the contents and purpose of the Action
Plans, and include a list of locations where copies of the entire proposed plans may be
examined Citizens will be provided a period of at least 30 days to review and comment on
the plans Comments or views of citizens will be considered at the public hearings, and a
summary of any comments or views not accepted and the reasons therefore, will be
attached to the final Action Plan which will be submitted to HUD
The City of Bremerton and Kitsap County Block Grant staff will submit their Action Plans,
including the projects proposed to be funded, to HUD no later than November 15 of each
calendar year
Five Year Consolidated Plan
The Consolidated Plan is the result of a process set forth by the Department of Housing and
Urban Development (HUD) to provide a planning and application process for the CDBG and
HOME programs within a single document The Kitsap County HOME Consortium is required to
submit the Consolidated Plan for the HOME participating jurisdiction (which consists of Kitsap
County and the City of Bremerton) The Consolidated Plan is available online at
• http / /www kitsapgov com /hr /block grant program /block grant program htm (scroll down
for a link to the documents)
• http / /www ci.bremerton wa us /display php'?id =790 (scroll down for a link to the documents)
• A printed copy may be requested from the Kitsap County or City of Bremerton Block Grant
Divisions
There are a number of specific elements in the 5 -Year Consolidated Plan, including
• Needs Assessment: an assessment of housing needs (primarily of low and moderate
income people) and needs of homeless people,
• Housing Market Analysis: an analysis of the City of Bremerton's and Kitsap
County's housing market,
• Strategic Plan: a discussion of the City of Bremerton's and Kitsap County's priority
needs to establish goals and objectives for implementing strategies which address
housing and community development activities,
• Citizen Participation Plan
• Annual Action Plan: describes the activities that will be undertaken to address
priority needs utilizing HOME and CDBG grant funds during the upcoming program
year, and
• Consolidated Annual Performance and Evaluation Report (CAPER): describes
how funds were used in activities that provided benefits to low and moderate income
individuals and families during the previous program year
Governments, service providers, citizens, and non - profit/for- profit agencies are encouraged to
identify needs and priorities, assist in the development of strategies, and to participate in the
annual allocation process The following are specific opportunities for citizens to participate in
the development of the information to be incorporated in the Consolidated Plan, which is
updated every five years
1 At least one community meeting will be held to obtain the views of citizens, public agencies,
and other interested parties concerning housing and community development needs,
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 4
including non - housing community development needs and priorities during development of
the plan
2 The City of Bremerton and Kitsap County Block Grant staff will specifically consult with
appropriate social service agencies regarding the housing and community development
needs and priorities of children, elderly persons, persons with disabilities, homeless persons
and other persons served by such agencies
3 The City of Bremerton and Kitsap County Block Grant staff will coordinate with the
Bremerton Housing Authority (BHA) and Housing Kitsap to encourage participation of
residents of public and assisted housing and other low- income residents of targeted
revitalization areas, in the process of developing and implementing the Consolidated Plan
4 Agencies working with low- and moderate - income persons, particularly those living in slum
and blighted areas and residents of predominately low- and moderate - income
neighborhoods, minorities, non - English speaking persons, and persons with disabilities will
be contacted to encourage participation in the development of the Consolidated Plan
Amendments to the Annual Action Plan
Citizens will be notified and have an opportunity to comment on any substantial amendments
proposed to the Annual Action Plan
Substantial Amendments will be published in the City's and County's newspaper of record
and be subject to a 30 -day public comment period to allow for comment prior to
implementation of the proposed amendment Substantial Amendments may be forwarded
for review by the appropriate GRC prior to submission to the KRCC or the Bremerton City
Council for final approval Comments or views of citizens will be considered at the public
hearing, and a summary of any comments or views not accepted and the reasons therefore,
will be attached to the substantial amendment of the final Action Plan which will be
submitted to HUD Substantial amendments include
• Changes in the use of CDBG or HOME funds from one eligible activity to another
• Canceling an approved activity or adding a new one
• A substantial change to the purpose, scope, location or beneficiaries of the project as
defined in the application for funds and approved by the GRC
CDBG or HOME activities awarded funds which have a substantial change in the purpose,
scope, beneficiaries, location or budget will be evaluated by Block Grant Staff and may be
required to submit a new application for funding in the next application cycle
Projects not expending their full CDBG or HOME award will not trigger a substantial
amendment These funds will be re- obligated to new projects during the following year's
regular application cycle
Minor Changes Any request for a change in the amount to be expended on a program or
protect budget line item, or a minor change to the purpose, scope, location or beneficiaries
of the project as defined in the application for funds, shall not be considered a Substantial
Change requiring citizen notification and Annual Action Plan amendment, however, prior
written approval of these changes must be obtained from the appropriate Block Grant
Administrator
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG/HOME CITIZEN PARTICIPATION PLAN
PAGE 5
Minor project changes may need to be formalized as an amendment to the sub - recipient
Agency's contract with the City or County The Agency will submit a written request for
change to the Block Grant Administrator stating the specific reasons for the requested
increase or decrease in funding, or change in purpose, scope, location or beneficiaries All
requests will be reviewed, and approved or denied by the Block Grant Administrator
Performance Reports
1 Both the Kitsap County Block Grant Division and City of Bremerton Block Grant Division will
prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to
HUD no later than March 31" of each year for the previous calendar year
2 The CAPER will be made available for public review Notice of Availability will be published
in the newspaper of record and copies will be available on the County's and City's websites
• Kitsap County http / / www kitsapgov com /hr /block grant Program /block grant program htm
scroll down to the year and CAPER file desired. Copies are also available at the
Kitsap County Block Grant Program Office, 345 6th Street, Suite 400, Bremerton,
Washington
• City of Bremerton http / /www ci.bremerton wa us /display php'?id =788 scroll down to
the year and CAPER file desired
3 Citizens will be provided a period of at least 15 days to review and comment on the CAPER
Comments or views of citizens will be considered in the report, and a summary of any
comments or views not accepted and the reasons therefore, will be attached to the CAPER
and submitted to HUD
Public Hearings
By law, public hearings are required in order to obtain the public's view and to provide the public
with the City's and County's responses to public questions and proposals A public hearing is
held in May for the adoption of the next year's Application and Policy for the Use of CDBG and
HOME Funds A second hearing is held in November to review the proposed use of funds and
adopt the Annual Action Plan
Notification of the public hearings and of 30 -day comment periods will be published in the
newspaper of record and will afford citizens, public agencies, and other interested parties a
reasonable opportunity to examine the proposed plans and to submit comments
Kitsap County public hearings will be held during the regular meeting of the Kitsap Regional
Coordinating Council in the meeting chambers of the Norm Dicks Government Center KRCC
meeting times and agendas can be obtained at
http / /www kitsapregionalcounal.oro /krcc board html
City of Bremerton public hearings will be held during Bremerton City Council meetings, which
are held every first and third Wednesday of the month, at 5 30 pm in the meeting chambers of
the Norm Dicks Government Center Bremerton City Council agenda may be obtained at
http / /www ci bremerton wa us /display php ?id =580
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 6
Public Comments
Interested persons may submit comments in writing during the public comment periods, or orally
at the public hearings Written comments should be directed to
Kitsap County Block Grant Program City of Bremerton
3456 th Street, Suite 400 345 6th Street, Suite 600
Bremerton, WA 98337 Bremerton, WA 98337
Complaints
All written citizen complaints will be referred to the appropriate person(s) or agencies for action
Under normal circumstances, the Block Grant Division will respond to the person making the
complaint within 15 days All complaints and responses will be kept on file
Resources
Newspaper of Record: Notification will be placed in the following newspaper under
Legal Notices at least ten days before a public meeting is held concerning a program
described in this plan
Kitsap County Block Grant — The Kitsap Newspaper Group
City of Bremerton Block Grant — The Kitsap Sun
Notices may also be published on City and County websites, as follows
Kitsap County Block Grant Division -
http / /www kitsapgov com /hr /block grant program /block -grant program htm (scroll
down to "ANNUAL APPLICATION PROCESS ")
City of Bremerton Block Grant Program
http / /www ci bremerton wa.us /display php ?id =788
The notice will indicate when and where the public meeting will be held Meetings are
often held at the following location
Norm Dicks Government Center, 1S Floor Meeting Chambers
345 6 Street
Bremerton, WA 98337
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
......................................................... ...............................
SUBJECT: Public Hearing and passage of Study Session Date 5/11/2011
Resolution No 5144 adopting the 2012 COUNCIL MEETING Date 5/18/2011
Bremerton / Kitsap County Block Grant Department DCD — Block Grant
Program Policy Plan Presenter M Vila / D McIntyre
Phone 360473 -5375
SUMMARY:
The CDBG / HOME Policy Plan sets parameters for the City's management of its HUD entitlement,
including eligibility, application, review and implementation requirements and processes for grant
funded projects The 2012 Policy Plan is a point City of Bremerton and Kitsap County Block Grant
plan In addition, five new policies are being introduced
ATTACHMENTS:
1 Staff Memo
2 Resolution with Exhibits A0. 3
Exhibit A 2012 City of Bremerton /Kitsap County CDBG /HOME Policy Plan
FISCAL IMPACTS (Include Budgeted Amount)* None
APPROVALS:
DEPARTMENT DIRECTOR -
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to pass resolution No 3 144 adopting the 2012 City of Bremerton / Kitsap County
CDBG /HOME Policy Plan
i
STUDY SESSION ACTION: ❑ Cqnsept Ag da ❑ General Business Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Ta le ❑ Continue ❑ No Action
Forth Updated 4118/2011
I
"
�- DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Mane Vila, CDBG /HOME Administrator
Date: May 11, 2011
Re: 2012 City of Bremerton/Kitsap County CDBG /HOME Policy Plan
The CDBG / HOME Policy Plan sets parameters for the City's management of its HUD
entitlement grant award, including eligibility, application, review and implementation requirements
and processes for grant funded projects Each year the Policy Plan is reviewed and presented to
Council for changes, if necessary The City Council adopted the 2011 Policy Plan in a public
hearing held May 5, 2010
A 30 -day public comment period, commencing April 18, 2011, was advertised in the Kitsap Sun
and Kitsap Newpaper Group All comments received from the public by May 18, 2011, will be
provided to City Council for consideration The Draft 2012 CDBG / HOME Policy Plan will be
presented to City Council for adoption in a public hearing scheduled for May 18, 2011
The 2012 Policy Plan format has changed as a result of an overall restructuring of the grant
application process The City will be conducting a Coordinated Grant Application process in
cooperation with Kdsap County Block Grant and KRCC Homeless and Affordable Housing Grant
programs Mayor format changes are
1 the City and Kitsap County, which share the same HUD funding source, have partnered in the
writing of the Policy Plan, which is a point document for the first time in 2012
2 The 2012 Policy Plan contains only policy items Schedules, funding estimates, application forms,
and citizen participation policies, etc, are now contained in stand -alone documents which will be
approved by Council separately
In addition, five new policies are being presented in the 2012 Policy Plan, subject to Council (and
KRCC) approval
1 HOME Timeliness due to a new HUD approach to enforcing timeliness for HOME funded
projects, Block Grant must adopt new policies to contracting date within award year, grant
holdback funds to enforce compliance, require minimum annual progress payments on grants,
fund only those projects which will begin expending grant funds "thin 12 months of contract,
deobligation of funds for project which do not adhere to these timeliness guidelines
2 Restricted Use All CDBG capital project grant recipients must agree to restrict the use of the
i
propertyffacdity which was acquired or improved using CDBG funds —to the intended purpose
for which the funds were awarded CDBG projects are currently subject to 5 years of restricted
use, based on federal regulation Because the City's CDBG program often makes very large
investments in capital projects, a policy extending restricted use is recommended, modeled after
the HOME program, as follows
Activity Dollar Threshold Minimum Years
Restricted
Rehabilitation or Acquisition of Less than $15,000 5 Years
existing facilities or rental $15,000 - $40,000 10 Years
housing Greater than $40,000 15 Years
New Construction or Any $ amount 20 Years
Acquisition
3 Section 108 The loan guarantee provision of CDBG has seen increased interest in the past
several years The City's Policy Plan already approves use of Section 108, but formerly did not
have detailed policies about how applications would be handled Information has been expanded
and sections dealing with "Underwriting Standards and Guidelines" and "Objectives of Financial
Review" have been added
Additionally, if a project is deemed eligible, new policy requires execution of an agreement
between the jurisdiction and the applicant, to include the scope of work and budget
necessary to complete the application review and processing of submission to HUD The
staff and consultant costs associated with the financial review and underwriting will be
charged to the applicant
4 HMIS Homeless Management Information System (HMIS) reporting is required for state - funded
homeless services activities Since CDBG is partnering with the locally funded, KRCC managed
Homeless Housing and Affordable Housing Grant programs (HHGP and AHGP, respectively),
CDBG will also begin requiring reporting under the system Data collected benefits our
community's response to homelessness
Other changes to the grant application process resulting from the restructuring of the grant application
process are covered in the Citizen Participation Plan and the Coordinated Grant Application packet
If you have any questions about the program or recommended funding, please do not hesitate to
contact me at 473 -5375
• Page 2
1
RESOLUTION NO. 3 4
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2012 CDBG/HOME Policy
Plan
WHEREAS, the City of Bremerton is an entitlement community which receives a
Community Development Block Grant (CDBG) each year from the Department of Housing and
Urban Development, and also receives funding from HUD's Home Investment Partnerships
(HOME) fund via an inter -local agreement with Kitsap County, and
WHEREAS, the City of Bremerton is required to establish a Policy Plan for the
City's management of its HUD entitlement, including eligibility, application, and review and
implementation processes and requirements for grant funded projects, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting a new policy establishing project delivery expense chargeback, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting a new policy tightening HOME timeliness compliance guidelines, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting a new policy clarifymg Section 108 procedures, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting new policy extending CDBG restricted use requirements, and
WHEREAS, the Department of Community Development CDBG/HOME staff
recommends adopting new policy adding an HMIS reporting requirement for homeless services
activities, and
WHEREAS, the Department of Community Development CDBG/HOME staff
advertised in the Krtsap SUN and posted on the City's website on Monday, April 18, 2011, and
in the Newspaper Group on Wednesday, April 15, 2011 a 30 -day written public comment period
commencing April 18, 2011 and ending in a public hearing on Wednesday, May 18, 2011, and
WHEREAS, no comments were received during the advertised public comment
period, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
1/
2012 CDBGIHOME Policy Plan
SECTION]. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein
SECTION 2. The 2012 CDBG/HOME Policy Plan attached hereto as Exhibit A
is hereby adopted
SECTION 3. Severabilyy If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or mvalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \Legal\Legal\Resolutions \Community Development\2012 Policy Plan doc
2
2012 CDBG/IIOME Policy Plan
� \/ \/ G i T A
2012 City of Bremerton and Kitsap County
Community Development Block Grant
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COMMUNITY OEVELOPMENT BLOCK GRANT
On The Right Road
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2012
CDBG /HOME POLICY PLAN
This Page Intentionally Blank
CDBG /HOME POLICY PLAN
Contents
Community Development Block Grant Program ....... ..............................1
CDBGFunding ..................................................... ..............................1
HOMEFunding ..................................................... ..............................3
Allocation Process ................................................ ..............................4
Policies & Regulations for Use of Funds ........................... ..............................5
Citizen Participation Plan ......................................... .............................10
Consolidated Plan ................................................. .............................11
Appendix A — Citizen Participation Plan
Appendix B — Requirements for Section 108 Loan Guarantee
Appendix C — Consolidated Plan Objectives $ Strategies
Appendix D — CDBG National Objectives & Eligibility Requirements
Appendix E — HOME Eligibility Requirements & Program Rules
Appendix F — Anti - Displacement & Relocation Assistance Plan
Appendix G — Glossary
This Page Intentionally Blank
CDBG /HOME P olicy Pl 1 2012
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHAT IS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM?
The Community Development Block Grant Program is a source of funds used in the local
community to provide decent housing, suitable living environments and economic opportunities
primarily for low and moderate income households
The City of Bremerton is designated as an Entitlement Community by the Department of
Housing and Urban Development (HUD) and receives federal funds in the form of Community
Development Block Grant (CDBG) Kitsap County, with the cities of Port Orchard, Poulsbo and
Bainbridge Island, is also designated as an Entitlement Community and receives a separate
allocation of CDBG funds Kitsap County and the City of Bremerton together form a consortium
and receive an allocation of HOME Investment Partnership Program (HOME) funds Through an
mterlocal agreement between the County and the City, 43% of the annual allocation of HOME
funds is designated for the City and the remaining designated for the County
CDBG and HOME funds are allocated annually through a competitive grant process Projects
funded are included in the annual Action Plan submitted to HUD Projects funded must address
needs identified in the Consolidated Plan, which is updated every five years
CDBG FUNDS
WHAT ARE CDBG FUNDS?
The Community Development Block Grant (CDBG) program is a flexible program that provides
communities with funding to address a wide range of unique community development needs
The program is authorized by Title I of the Community Development Act of 1974 Funds are
used to assist in the development of decent housing, create suitable living environments, and
expand economic opportunities primarily for persons of low and moderate income All projects
funded with CDBG must meet one of the three national objectives
1 Principally benefit low and very low income households,
2 Reduce or prevent slum and blight, or,
3 Meet an urgent need (emergency or natural disaster)
WHO IS AN ELIGIBLE APPLICANT /RECIPIENT?
Eligible applicant/recipients include
• City or County governments
• Public and private nonprofit organizations (501(c)3)
• Section 301(d) small business investment companies
• Local development corporations
• Private for - profit organizations may implement certain economic development and
microenterprise activities
• Faith based organizations
• Additionally, applicants must
• Demonstrate an active governing body or board of directors with skills and
experience to provide leadership and direction to the agency
1
CDBG /HOME Policy Plan 1 2012
• Demonstrate the legal, financial, and programmatic ability to administer the proposed
program /project, and,
• Meet the County /City requirements for contracting agencies such as insurance
requirements, audit and financial requirements
WHAT ARE ELIGIBLE ACTIVITIES?
Eligible activities are defined in the CDBG program regulations at 24 CFR 570 201 and 570 207
A list of some of the activities follows
• Acquisition of real property by purchase, lease or donation
• Acquisition, construction, reconstruction, rehabilitation or installation of public facilities
and improvements
• Code enforcement in deteriorated or deteriorating areas
• Clearance, demolition and removal and rehabilitation of buildings and improvements
• Removal of material and architectural barriers
• Public services (including labor, supplies and materials) including but not limited to those
concerned with employment, crime prevention, child care, health, drug abuse, education,
energy conservation, welfare or recreation needs
• Planning activities
• Assistance to Community Based Development Organizations (CBDO) to cant' out
projects
• Assistance to carry out economic development projects
• Housing services such as housing counseling and energy auditing
• Assistance to facilitate and expand homeownership opportunities for low and very low
income people
• Lead based paint hazard evaluation and reduction
The following activities are generally not eligible for CDBG funding
• New residential housing construction, except in special circumstances
• Regular government operations
• Buildings such as city halls, police stations, or other buildings primarily for the general
conduct of government (except for the removal of architectural barriers)
• Income payments such as payments to individuals or families for food, clothing, or rent,
except in certain circumstances
• Political activities
• Vehicles and Equipment
Note The above lists are not comprehensive For a complete list of eligible or ineligible
activities refer to CDBG regulations in 24 CFR 570 201 and 570 207
Appendix D provides additional information designed to assist you in defining the eligibility and
national objective that your activity meets and the type of information you will need to provide in
your application
WHAT IS THE SECTION 108 LOAN GUARANTEE?
Section 108 is a loan guarantee provision of the CDBG program Section 108 provides
communities with a means of leveraging their CDBG funds to obtain additional financing
resources for economic development, public facilities, large -scale physical development projects
2
CDBG /HOME Policy Plan i 2012
and housing rehabilitation Local governments borrowing funds guaranteed by Section 108
must pledge their current and future CDBG allocation to cover the loan amount as security for
the loan The decision to award a Section 108 loan to a particular project is made by HUD
Section 108 Loan Guarantee funds may be used for activities described in 24 CFR 570 703
provided such activities meet the general requirements of the CDBG program as described at
24 CFR 570 200 Eligible activities are defined in the CDBG program regulations at 24 CFR
570 201 and 570 207 Eligible activities include, but are not limited to
• Acquisition and rehabilitation of real property,
• Specific relocation assistance,
• Clearance, demolition and removal activities,
• Site preparation,
• Specific economic development activities,
• Acquisition, construction, reconstruction, rehabilitation, or installation of public facilities,
and
• Specific construction of housing by non - profit organizations
For more information and application requirements for the Section 108 Loan Guarantee please
see Appendix B
HOME FUNDS
WHAT ARE HOME FUNDS?
The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) The
Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act
of 1994 made important changes to the Program The intent of the HOME Program is to
• Expand the supply of decent, safe, sanitary, and affordable housing,
• Strengthen the abilities of state and local governments to provide housing,
• Expand the capacity of nonprofit community based housing development
organizations, and,
• Leverage private sector participation in financing affordable housing
Beneficiaries of HOME funds — homebuyers, homeowners or tenants — must have incomes
below 80% of the area median income The HOME program also requires a match of 25% or
greater in other non - federal funds for projects For more information on specific requirements of
the HOME program see Appendix E
WHAT ARE ELIGIBLE ACTIVITIES?
The Eligible activities are defined in the HOME program regulations at 24 CFR 92 205 A list of
some of the activities follows
• Rehabilitation of residential property where property is fully repaired
• New construction of residential property
• Acquisition of residential property
• Rental assistance payments to tenants
• Relocation associated with an eligible HOME project
3
CDBG /HOME Policy Plan, 2012
• A small part (up to 5 %) of the annual HOME allocation may be used to help pay the
operating expenses of designated Community Housing Development Organizations
(CHDOs) within the guidelines established by HUD
The following activities are generally not eligible for HOME funding
• Project reserve accounts, except for the initial 18 months of a HOME assisted new
construction project
• Emergency home repair programs
• Public housing units
• Commercial properties
• Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be
considered rental housing
• Project based tenant assistance
Note The above lists are not comprehensive For a complete list of eligible or ineligible
activities refer to HOME regulations in 24 CFR 92 205
ALLOCATION PROCESS
HOW ARE FUNDS ALLOCATED?
The City of Bremerton and Kitsap County, in conjunction with the Affordable Housing Grant
Program and Homeless Housing Grant Program, conduct a competitive funding application
process A single application is made available in May of each year and a public process is
used to determine funding allocations This process is detailed in the Citizen Participation Plan
(Appendix A) The public is encouraged to participate in the process and its end product the
submission of an annual Action Plan to the Department of Housing and Urban Development in
November of each year
HOW MUCH MONEY IS AVAILABLE?
The amount of CDBG and HOME funds available for the annual application cycle is determined
by the amount appropriated in the federal budget and HUD's formula allocation for that year
The City and County estimate funds available based on prior year's allocations and includes the
estimates in the Application Packet for the year Applicants should request a minimum of
$10,000 per application Grant awards will typically not be awarded for less than $10,000 except
at the discretion of the Grant Review Committee
The amount of funds available for Section 108 Loans is five times the current CDBG allocation,
less any outstanding loans The amount is included in the Application Packet separately for the
County and City
WHAT IS THE DISTRIBUTION OF CDBG AND HOME FUNDS?
CDBG and HOME program regulations allow certain set - asides to further specific program
goals The following is the distribution for Kitsap County and the City of Bremerton
CDBG
• Public Service Projects -15% max
4
CDBG / H O ME Policy Plan ` 2012
• Planning & Administration — 20% max
• Capital Projects (Including Kitsap County's 10% set -aside for Economic Development) — 65%
HOME
• Administration- 10% max
• Community Housing Development Organization (CHDO) Set -Aside —15% min
• Capital Projects (including City of Bremerton set -aside for Downpayment Program) — 75%
HOW CAN MY ORGANIZATION APPLY?
The annual application cycle begins in April with the publication of the Draft Grant Application
and commencement of a 30 day public comment period At the end of the comment period,
upon approval of the application by the Kitsap Regional Coordinating Council (KRCC) and
Bremerton City Council, the application is made available in May Interested organizations can
find the application and all associated information on the County web site at
http / /www kitsapgov com /hr /block grant program/block grant program htm or on the City web
site at http / /www ci bremerton wa us /display php 9 id =864 The schedule for the annual
application cycle, including the due date for applications, is available on the web site Interested
organizations can also request to be placed on the City /County interested parties list to receive
notices about these programs by contacting Block Grant staff
WHEN WILL FUNDS BE AVAILABLE?
Funding recommendations approved in the annual application cycle and included in the Action
Plan submitted to HUD in November, are not available until spring or early summer of the next
year Timing is dependent on when the federal budget is approved and how quickly HUD is
able to allocate funds to local jurisdictions The County and City is not able to execute contracts
with subrecipients until we have a contract from HUD Once subrecipient contracts are executed
CDBG and HOME funds can only be disbursed on a reimbursement basis
POLICIES & REGULATIONS FOR USE OF FUNDS
RULES AND REGULATIONS FOR USE OF FEDERAL FUNDS
CDBG and HOME funds are Federal funds Use of Federal funds may affect the way your
agency does business If you are applying for Federal funds for the first time, you are strongly
encouraged to meet with Block Grant staff to discuss Federal regulations In addition to the
rules and requirements of HOME and CDBG, there are several additional broad Federal rules
that must be followed, including rules pertaining to non - discrimination and equal access,
employment, contracting and procurement, environmental requirements, record keeping and
financial controls
A. Consistency with applicable City, County, and /or State Codes and Policies
To be considered for funding, projects must be consistent with adopted codes and other
applicable policies, plans and standards
5
CDBG /HOME Policy Plan 1 201 2
B. Restriction on Assessments
CDBG funds may not be used for public improvement projects where a portion of the
projects is to be financed by assessments to area property owners, unless the project is
structured such that CDBG funds are used to pay the assessments of all low and very
low income property owners The analysis of incomes of affected persons must be done
ahead of time and submitted as part of the application for CDBG funds
C. Construction Contract Retainage
All construction contracts shall have 10% of payment retained until fulfillment of federal
compliance is documented
D. On -going Restrictions for CDBG & HOME Funded Capital Projects
a Restrictions on the Change -of -Use of CDBG Assisted Property
All recipients must agree to restrict the use of the property, which was acquired or
improved using CDBG funds, to the intended purpose for which the funds were
awarded The restriction will be based on the dollars invested and follow the
guidelines in the chart below This is to ensure compliance with HUD requirements
and to ensure continued public benefit
Activity Dollar Threshold Minimum Years
Restricted
Rehabilitation or Acquisition of Less than $15,000 5 Years
existing facilities or rental $15,000 - $40,000 10 Years
housing Greater than $40,000 15 Years
New Construction or Any $ amount 20 Years
Acquisition
b Affordability Period restrictions for HOME funded projects
To ensure that HOME investments yield affordable housing over the long term,
HOME imposes rent and occupancy requirements over the length of an affordability
period The length of the affordability period depends on the amount of the HOME
funds in the property and nature of the activity funded Affordability periods range
from 5 to 20 years and follow the guidelines in the chart below
Activity Dollar Threshold Minimum Affordability
Period
Rehabilitation or Acquisition of Less than $15,000 5 Years
Existing Housing $15,000 - $40,000 10 Years
Greater than $40,000 15 Years
Refinance of Rehabilitation Any $ amount 15 Years
Project
New Construction or Any $ amount 20 Years
Acquisition of New Housing
HUD requires that facilities acquired, constructed or improved with CDBG and /or HOME
funds be "publicly owned" and that the public interest be protected The interest will be
secured, when appropriate, through a lien on the property recorded as a deed of trust,
explaining the sale and change of use provisions that accompany CDBG /HOME
assisted real property The specific terms and conditions of the public interest security
6
CDBG /HOME Policy Plan 1 20'12
agreements will vary depending on the type of project assisted The Participating
Jurisdiction (County or City) will designate in the subrecipient contract whether Resale or
Recapture (24 CFR 92 294(a)(5)) will be used for maintaining affordability for each
HOME assisted property Additionally, deed restrictions must be recorded on the
property to ensure the affordability
E. Guidelines for Economic Development Projects (24 CFR 570.209)
Kitsap County will utilize the guidelines provided at 24 CFR 570 209 relative to project
costs and financial requirements and standards for evaluating public benefit
F. Uniform Administrative Requirements
Agencies which are governmental entities must comply with the requirements and
standards of
• OMB Circular No A -87, `Principles for Determining Costs applicable to Grants and
Contracts with State, Local and Federally recognized Indian Tribal Governments"
• OMB Circular A -128 "Audits of State and Local Governments"
• 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (certain sections)
Non - governmental agencies must comply with the requirements and standards of
• OMB Circular No A -122, "Cost Principles for Non - Profit Organizations" or OMB
Circular No A -21, "Cost Principles for Educational Institutions"
• OMB Circular A -133 "Audits of Institutions of Higher Education and Other Nonprofit
Institutions"
• 24 CFR Part 84 and OMB Circular A -110 "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals or Other
Non - Profit Organizations"
G. Audit Requirements
Private non - profit agencies expending $500,000 or more in federal funds annually
(whether CDBG / HOME alone or CDBG / HOME in conjunction with other federal funds)
must have an annual audit conducted by an independent auditor in accordance with
OMB A -133 Audit Standards for Private Non - Profit Organizations Agencies are
responsible to meet this audit requirement
Agencies that do not meet the $500,000 threshold mandatory A -133 audit are
encouraged to obtain an annual audit if their operating budget is $100,000 or greater
Smaller agencies are encouraged to obtain at least an annual financial review Block
Grant staff will review financial information closely for all agencies submitting application
H. Environmental Review (24 CFR Part 58)
All CDBG /HOME projects must have an environmental review process completed before
any funds, including funds committed from other sources, can be spent on the project
For more information on the environmental review process visit
www hud gov/ offices /cod /environment/review/
I. Fair Housing and Equal Opportunity
All CDBG /HOME projects must comply with all of the following Federal laws, executive
orders and regulations pertaining to fair housing and equal opportunity
7
CDBG /HOME Policy Plan ! 2012
• Title VI of the Civil Rights Act of 1964 No person may be excluded from participation
in, denied the benefits of, or subjected to discrimination under any program or activity
receiving Federal assistance on the basis of race, color or national origin (24 CFR
Part 1)
• The Fair Housing Act Prohibits discrimination in the sale or rental of housing, the
financing of housing or the provision of brokerage services against any person on the
basis of race, color, religion, sex, national origin, handicap or familial status (24 CFR
Part 100 -115)
• Equal Opportunity in Housing Prohibits discrimination against individuals on the
basis of race, color, religion, sex or national ongm in the sale, rental, leasing or other
disposition of residential property, or in the use or occupancy of housing assisted
with Federal funds (24 CFR Part 107)
• Age Discrimination Act of 1975 Prohibits age discrimination in programs receiving
Federal financial assistance (24 CFR Part 146)
• For more information on eliminating discrimination visit
www hud.gov /offices /fheo /r)rogdesc/title8 cfm
J. Minimizing the Loss of Low and Very Low Income Dwelling Units (24 CFR Part 42)
Any CDBG /HOME proposal that would directly result in any occupied or vacant
occupiable low and very low income dwelling units being (1) demolished, or (2)
converted to a use other than as low and very low income housing must include a
realistic plan to provide replacement housing within three years of the commencement of
the demolition or rehabilitation relating to conversion Projects which tngger this
regulation must follow the Anti - displacement and Relocation Assistance Plan included in
Appendix F.
K. Procurement
Any subrecipient using CDBG or HOME funds to purchase goods or services shall have
a formalized wntten procurement procedure in place pnor to contracting for any goods or
services OMB Circular A -110 (available at www whitehouse gov /omb /circulars a110/
sets forth the standards for use by non - profit organizations in establishing procedures for
the procurement of supplies and other expendable property, equipment, real property
and other services with Federal funds There are four methods of procurement allowed
• Small Purchases (under $100,000) Small purchasing procedures are applicable for
the procurement of services, supplies, or other property costing in the aggregate not
more than $100,000
• Competitive Sealed Bids (over $100,000) This method of procurement is
appropriate for all construction and material contracts exceeding $100,000
Competitive sealed bids means sealed bids are publicly solicited through formal
advertising and a formal bid opening is conducted A firm fixed -price contract is
awarded to the responsible bidder whose bid conforms to all the material terms and
conditions of the bid invitation
• Competitive Proposals (over $100,000) This method is appropnate for the
procurement of professional services such as architectural or engineering For
contracts exceeding $100,000, a Request for Proposal (RFP), Request for Letters of
Interest (RLI), or Request for Statement of Qualification (RFQ) should be published
in a business newspaper of general circulation
• Noncompetitive Proposals Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source, or after
solicitation of a number of sources, competition is determined inadequate
8
CDBG /HOME Policy Plan 1 2012
All subrecipients must obtain CDBG preauthorization before entering into any
noncompetitive negotiations, regardless of price.
L. Uniform Relocation Assistance & Real Property Acquisition (49 CFR Part 24)
These regulations apply to any federally - assisted project involving acquisition demolition
or rehabilitation Proposals for CDBG and HOME funded projects that are likely to
cause displacement of people or businesses are discouraged Any project that is likely
to cause displacement must include relocation assistance payments in the budget and
be consistent with the federal Uniform Relocation Act Projects which trigger this
regulation must follow the Anti - displacement and Relocation Assistance Plan included in
Appendix F If your project includes acquisition, rehabilitation or demolition you are
strongly urged to discuss the requirements with Block Grant staff before entering into
any legally binding agreements
M. Equal Opportunity for Employment and Contracting
CDBG and HOME funded projects are subject to the following regulations governing
employment and contracting opportunities
• Equal Employment Opportunity Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex or national origin
Provisions to effectuate this prohibition must be included in all construction contracts
exceeding $10,000 (41 CFR Part 60)
• Section 3 of the Housing and Urban Development Act of 1968 Requires that, to the
greatest extent feasible, opportunities for training and employment arising from
CDBG or HOME funded projects will be provided to low- income persons residing in
the program service area
• Minority/Women's Business Enterprise Outreach to minorities and women in
contracting for services (24 CFR 85 36(e))
N. Labor Requirements
CDBG and HOME projects must comply with certain regulations on wage and labor
standards Pursuant to the Davis -Bacon Act, federal wage rates apply to most (but not
all) construction projects over $2,000 Applications that involve construction must
consider Davis -Bacon wage rates in the budget
• Davis -Bacon and Related Acts Ensures that mechanics and laborers employed in
construction work under federally assisted contracts are paid the Federal prevailing
wage for the locality
• Contract Work Hours and Safety Standards Act Provides that mechanics and
laborers employed on federally assisted construction fobs are paid time and one -half
for work in excess of 40 hours per week
• Copeland (Anti - Kickback) Act Governs the deductions from paychecks that are
allowable
• For more information on Davis Bacon requirements visit
htto / /www.hud.gov /offices /olr/
O. Lead -Based Paint Abatement (24 CFR Part 35)
Any proposed homeownership, rental housing, rehabilitation, and acquisition of or
program support to public facilities project that involves a (1) pre -1978 structure, and (2)
would likely house a child age 6 or less, must be informed of the possible hazards of
lead based paint and a plan must be developed for addressing the presence of lead
9
CDBG /HOME Po licy Plan `2012
based paint under 24 CFR 35 Costs for abatement must be included in the rehabilitation
budget
P. Supplanting (24 CFR 570.207)
Federal regulations prohibit using CDBG funds to supplant (replace or substitute for)
local funds for public services or ongoing responsibilities of general local government
The intent of this federal regulation is to prevent local government from using the
availability of federal CDBG dollars as an excuse to reduce local funding commitments
Q. Handicapped Accessibility
CDBG and HOME funded projects are subject to the following regulations governing the
accessibility of Federally - assisted buildings, facilities and programs
• Americans with Disabilities Act Provides comprehensive civil rights to individuals
with disabilities in the areas of employment, public accommodations, state and local
government services and telecommunications The Act requires certain buildings or
other facilities that receive Federal funds to be designed, constructed or altered in
accordance with standards that insure accessibility to and use by physically
handicapped people
• Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap
TIMELY EXPENDITURE OF FUNDS
CDBG Capital and Economic Development projects should be ready to proceed during the
program year of the awarded of funds HUD expects and monitors for the timely expenditure of
allocated funds to projects CDBG Public Service funding must be fully spent by December 31s`
of the award year
HOME funds have specific requirements for commitment and expenditure HOME funds
awarded to a project must be committed (under contract) with 24 months after the
Congressional release date of that years funding This date is typically April or May of the award
year The funds must be fully expended within 5 years of this date Projects using HOME funds
to acquire vacant land, must be under construction within 12 months of the commitment date
M CITIZEN PARTICIPATION PLAN
HUD requires a Citizen Participation Plan be adopted by jurisdictions receiving CDBG and
HOME funds The plan details the process used by the County and the City in development of
the Consolidated Plan and annual application cycle which results in the Action Plan submission
to HUD The Citizen Participation Plan for the County and the City can be found in Appendix A
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CDBG /HOME Policy Plan 1 2012
I F-, CONSOLIDATED PLAN
WHAT IS THE CONSOLIDATED PLAN?
The Consolidated Plan rolls the planning, application and performance reporting requirements
of several programs run by HUD into one process and one document In our community the
Consolidated Plan covers CDBG (Community Development Block Grants) and HOME (grant for
affordable housing) programs jointly for the City of Bremerton and Kitsap County The plan
covers a 5 -year period
The Consolidated Plan requires a jurisdiction to identify all of its housing and community
development needs and then develop a long -term strategy for meeting those needs A key part
of the strategy is setting priorities The Plan identifies priority housing needs, non - homeless
special needs, homeless needs, economic development and community development needs
The Consolidated Plan also indicates what programs and resources will be used over the 5 -year
planning period The plan contains objectives and strategies to address the identified needs
and estimates the resources needed to fund activities to address the different needs
WHAT ARE THE KEY PARTS OF THE PLAN?
A. Housing & Community Development Needs Assessment
This is the part of the Plan that has U S Census Bureau information and other
information which presents a picture of the jurisdiction People are the focus of the
"Needs" section of the plan The emphasis is on the human side of housing and
community development including the needs of homeless people, people with special
needs and those who are low- income
B. The Housing Market Analysis
This part of the Plan describes the physical "bricks and mortar," side of housing — the
supply side of housing It looks at what housing exists When the housing conditions in
this part of the plan are lined up with human needs in the previous part of the plan, a
clear picture of what must be done should emerge
C. The Strategic Plan
The Strategy is the part of the Consolidated Plan where the County and City sets out
how it intends to use its CDBG and HOME funds from HUD's Department of Community
Planning and Development over the next five years The strategy must declare what
priority the local government will give to the various housing and community
development needs identified earlier in the Consolidated Plan, the activities designed to
respond to those needs, and the different geographic areas where needs exist
D. Annual Action Plan
The Action Plan is the one -year plan a jurisdiction must have to show how it is carrying
out its long -term Strategic Plan It shows how the jurisdiction will spend its CDBG and
HOME money in the upcoming year Kitsap County and the City of Bremerton use an
annual application process through which funds are competitively awarded
11
CDBG /H OM E Policy Plan
Note The Objectives & Strategies from the Consolidated Plan are included in Appendix C The
full text of the Consolidated Plan is available on both the County and City of Bremerton web
sites and also available upon request
GLOSSARY
A Glossary of terms has been included in Appendix G
12
Appendix A
Citizen Participation Plan
CITY OF BREMERTON AND KITSAP COUNTY
CITIZEN PARTICIPATION PLAN
Introduction
Kitsap County and its consortium cities of Port Orchard, Poulsbo and Bainbridge Island receives
both Community Development Block Grant (CDBG) and Home Investment Partnership (HOME)
funds The City of Bremerton receives Community Development Block Grant funds as its own
entitlement, and HOME funds through its membership in a Consortium with Kitsap County
Both the City of Bremerton and Kitsap County are committed to assuring opportunities for
citizen involvement in decisions concerning activities taking place within their communities
Each year the City of Bremerton and Kitsap County are eligible to receive CDBG and HOME
funds There are specific rules and regulations governing the allocation and use of the funds,
including provisions for citizen involvement in decision making In order to facilitate citizen
involvement, both Jurisdictions adopt a Citizen Participation Plan
Beginning with the application cycle for 2012 funding, Kitsap County and the City of Bremerton
Block Grant Programs have Joined with the Homeless Housing Grant Program and Affordable
Housing Grant Program to develop a combined funding & application process The combined
process will include a single application for funds, a single Grant Recommendation Committee
(GRC) process and funding recommendation Funding recommendations will continue to be
approved by the Kitsap Regional Coordinating Council (KRCC) for County CDBG /HOME funds
and by the Bremerton City Council for City CDBG /HOME funds This Citizen Participation Plan
reflects the changes that have been made to the annual application process
Purpose
The purpose of the Citizen Participation Plan is to provide an on -going mechanism to ensure
widespread citizen participation whereby all citizens have an opportunity to fully express their
needs and wishes for community improvement Special efforts will be made to encourage
participation by
• Low- and moderate - income persons, particularly those living in slum and blighted
areas
• Residents of predominately low- and moderate - income neighborhoods
• Minorities and non - English speaking persons, as well as persons with disabilities
This plan provides opportunities for representation of all of the citizens of Kitsap County and the
City of Bremerton by allowing them to have a voice in the decision - making process and giving
them greater power and control over activities taking place within their communities
Annual Allocation Process / Action Plan Submission
Together the entitlement Jurisdictions conduct a competitive annual process to determine
allocation of CDBG and HOME funds The public is encouraged to participate in the process
and its end product —the submission of an annual Action Plan to HUD
A. Notice of Funding Availability & Application
In April of each year a notice will be published in the newspaper of record to announce
funding availability and provide details about the Application This notice will begin a 30 -day
comment period on the Draft Application and include the date and time of public hearings to
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG/HOME CITIZEN PARTICIPATION PLAN
PAGE 1
take citizen comments Notifications will also be sent to any agency or organization who
requests to be placed on our mailing lists
Upon approval of the Application by the Kitsap Regional Coordinating Council and
Bremerton City Council, the Application will be available from
Kitsap County Block Grant Division
345 6th Street, Suite 400, Bremerton, WA 98337 -1873
Applications are also available in PDF format on the Kitsap County website
http / /www kitsapgov com /hr /block grant program /block grant program htm
and
City of Bremerton, Community Development Block Grant
3456 th Street, Suite 600, Bremerton, WA 98337 -1873
Applications can be obtained online at http / /www ci bremerton.wa us /display php?id =864
Applications will be made available in a format accessible to persons with disabilities upon
request. Application submittal instructions and due date are included in the Application
packet. Applications must be mailed or hand delivered by the due date, electronic
submission is not available and postmarks are not accepted
B. Technical Assistance
At least one madatory technical assistance session will be held for those interested in
applying for funding During the session, staff will provide information to citizens concerning
who can apply for funds, funds expected to be available, the range of activities that may be
undertaken, priorities for funding, application submission requirements, the application
deadline, and how decisions concerning funding will be made The date and time of the
technical assistance session(s) will be published in the Application, included in the schedule
posted on the web site and emailed to all interested parties on the current mailing list
In addition to the mandatory Technical Assistance described above, Application Pre -
Submittal assistance, to have an application reviewed for completeness, is available by
appointment with staff City and County Block Grant staff is also available by appointment
for one -on -one Technical Assistance to provide guidance to citizens and organizations
regarding specific project considerations
At any time, any citizen may contact the City or County Block Grant Divisions for technical
assistance or general information in relation to programs described in this Plan The
Department will help citizens understand CDBG and HOME funded programs, the
procedures for submitting proposals, the Citizen Participation Plan and other program
requirements so they can effectively participate in CDBG and /or HOME programs and the
funding process
C. Application Review & Grant Recommendation Committee Process
Applications will be reviewed by Block Grant Staff to determine compliance with technical
requirements including eligibility for CDBG and /or HOME funds Eligible applications will be
given a score rating the organizational and financial capacity of the organization submitting
the application Eligible applications will be provided to a Grant Recommendation
Committee (GRC) for consideration
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 2
The GRC will review all proposals, interview applicants and develop recommendations for
funding based how they address needs & objectives identified in the 2011 -2015
Consolidated Plan and /or Homeless Housing Plan, organizational and financial capacity of
the organization to carry out the program /project, project feasibility, and funding availability
There are two GRCs The Public Service GRC reviews applications for supportive services
or public services The Capital GRC reviews housing, capital improvements, and operations
& maintenance applications Both GRCs play an integral role in the allocation of CDBG and
HOME federal funds according to the needs of the community
While all GRC members must be well- versed in the needs of the community and be willing
to participate in all the activities relevant to the GRCs, each individual GRC requires that
members demonstrate specific skills and qualifications
• The Public Service GRC requires that its members have experience in one or more of
the following capacities background working with non - profit community service
providers as an employee, volunteer, board member or consumer, background with
homeless programs, grant experience, project management, compliance monitoring
and /or practical experience with HUD regulations
• The Capital GRC requires that its members have experience in one or more of the
following areas affordable housing, construction or project management, mortgage
lending, housing development, economic development, real estate, or architecture
Each GRC will be comprised of 8 members as follows
• Two members representing the City of Bremerton and approved by the Bremerton
City Council
• Four members representing Kitsap County and approved by the KRCC
• Two members representing the Continum of Care and approved by the KRCC
Applicant interviews will be conducted with the GRC Applicants will have the opportunity
to present their project and the GRC will an opportunity to ask questions At the
conclusion of interviews the GRC will formulate a funding recommendation for approval
by the KRCC and the Bremerton City Council
GRC members serve two terms, terms are staggered so each year there are at least
four returning members Applications for GRC members are solicited each Spring
Applications are reviewed by staff and individuals who meet the above requirements are
recommended to the KRCC and City Council for approval Citizens interested in serving
on either the Public Service or Capital GRC are encouraged to contact
• Kitsap County Block Grant Program Manager, Bonnie Tufts at 360- 337 -4606 or
by email at btufts _co kitsap.wa us or
• City of Bremerton Block Grant Program Administrator, Marie Vila at 360 -473-
5375 or by email at Mane Vila(Mci.bremerton.wa.us
D. Funding Recommendations & Action Plan
Organizations submitting applications will be notified whether or not the GRC has
recommended their proposal for funding The notification will include the date, time and
place of the public hearings, during which the recommendations will be considered by the
Kitsap Regional Coordinating Council and the Bremerton City Council
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 3
All projects approved for funding will be included in each Jurisdiction's Action Plan A
summary of each action plan will be published in the newspaper of record and on the City's
and County's websites The summaries will describe the contents and purpose of the Action
Plans, and include a list of locations where copies of the entire proposed plans may be
examined Citizens will be provided a period of at least 30 days to review and comment on
the plans Comments or views of citizens will be considered at the public hearings, and a
summary of any comments or views not accepted and the reasons therefore, will be
attached to the final Action Plan which will be submitted to HUD
The City of Bremerton and Kitsap County Block Grant staff will submit their Action Plans,
including the projects proposed to be funded, to HUD no later than November 15` of each
calendar year
Five Year Consolidated Plan
The Consolidated Plan is the result of a process set forth by the Department of Housing and
Urban Development (HUD) to provide a planning and application process for the CDBG and
HOME programs within a single document The Kitsap County HOME Consortium is required to
submit the Consolidated Plan for the HOME participating jurisdiction (which consists of Kitsap
County and the City of Bremerton) The Consolidated Plan is available online at
• http / /www.kitsaPaov com/hr /block grant program /block grant program htm (scroll down
for a link to the documents)
• http / /www ci.bremerton.wa us /display php ?id =790 (scroll down for a link to the documents)
• A printed copy may be requested from the Kitsap County or City of Bremerton Block Grant
Divisions
There are a number of specific elements in the 5 -Year Consolidated Plan, including
• Needs Assessment: an assessment of housing needs (primarily of low and moderate
income people) and needs of homeless people,
• Housing Market Analysis: an analysis of the City of Bremerton's and Kitsap
County's housing market,
• Strategic Plan: a discussion of the City of Bremerton's and Kitsap County's priority
needs to establish goals and objectives for implementing strategies which address
housing and community development activities,
• Citizen Participation Plan
• Annual Action Plan: describes the activities that will be undertaken to address
priority needs utilizing HOME and CDBG grant funds during the upcoming program
year, and
• Consolidated Annual Performance and Evaluation Report (CAPER): describes
how funds were used in activities that provided benefits to low and moderate income
individuals and families during the previous program year
Governments, service providers, citizens, and non- profit/for- profit agencies are encouraged to
identify needs and priorities, assist in the development of strategies, and to participate in the
annual allocation process The following are specific opportunities for citizens to participate in
the development of the information to be incorporated in the Consolidated Plan, which is
updated every five years
1 At least one community meeting will be held to obtain the views of citizens, public agencies,
and other interested parties concerning housing and community development needs,
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 4
including non - housing community development needs and priorities during development of
the plan
2 The City of Bremerton and Kitsap County Block Grant staff will specifically consult with
appropriate social service agencies regarding the housing and community development
needs and priorities of children, elderly persons, persons with disabilities, homeless persons
and other persons served by such agencies
3 The City of Bremerton and Kitsap County Block Grant staff will coordinate with the
Bremerton Housing Authority (BHA) and Housing Kitsap to encourage participation of
residents of public and assisted housing and other low- income residents of targeted
revitalization areas, in the process of developing and implementing the Consolidated Plan
4 Agencies working with low- and moderate - income persons, particularly those living in slum
and blighted areas and residents of predominately low- and moderate - income
neighborhoods, minorities, non - English speaking persons, and persons with disabilities will
be contacted to encourage participation in the development of the Consolidated Plan
Amendments to the Annual Action Plan
Citizens will be notified and have an opportunity to comment on any substantial amendments
proposed to the Annual Action Plan
Substantial Amendments will be published in the City's and County's newspaper of record
and be subject to a 30 -day public comment period to allow for comment prior to
implementation of the proposed amendment Substantial Amendments may be forwarded
for review by the appropriate GRC prior to submission to the KRCC or the Bremerton City
Council for final approval Comments or views of citizens will be considered at the public
hearing, and a summary of any comments or views not accepted and the reasons therefore,
will be attached to the substantial amendment of the final Action Plan which will be
submitted to HUD Substantial amendments include
• Changes in the use of CDBG or HOME funds from one eligible activity to another
• Canceling an approved activity or adding a new one
• A substantial change to the purpose, scope, location or beneficiaries of the project as
defined in the application for funds and approved by the GRC
CDBG or HOME activities awarded funds which have a substantial change in the purpose,
scope, beneficiaries, location or budget will be evaluated by Block Grant Staff and may be
required to submit a new application for funding in the next application cycle
Projects not expending their full CDBG or HOME award will not trigger a substantial
amendment These funds will be re- obligated to new projects during the following year's
regular application cycle
Minor Changes Any request for a change in the amount to be expended on a program or
project budget line item, or a minor change to the purpose, scope, location or beneficiaries
of the project as defined in the application for funds, shall not be considered a Substantial
Change requiring citizen notification and Annual Action Plan amendment, however, prior
written approval of these changes must be obtained from the appropriate Block Grant
Administrator
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG/HOME CITIZEN PARTICIPATION PLAN
PAGE 5
Minor project changes may need to be formalized as an amendment to the sub - recipient
Agency's contract with the City or County The Agency will submit a written request for
change to the Block Grant Administrator stating the specific reasons for the requested
increase or decrease in funding, or change In purpose, scope, location or beneficiaries All
requests will be reviewed, and approved or denied by the Block Grant Administrator
Performance Reports
1 Both the Kitsap County Block Grant Division and City of Bremerton Block Grant Division will
prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to
HUD no later than March 31 of each year for the previous calendar year
2 The CAPER will be made available for public review Notice of Availability will be published
in the newspaper of record and copies will be available on the County's and City's websites
• Kitsap County http //www kitsapgov com/hr/block grant program/block grant program htm
scroll down to the year and CAPER file desired Copies are also available at the
Kitsap County Block Grant Program Office, 345 6th Street, Suite 400, Bremerton,
Washington
• City of Bremerton http• //www a.bremerton.wa us /display php ?id =788 scroll down to
the year and CAPER file desired
3 Citizens will be provided a period of at least 15 days to review and comment on the CAPER
Comments or views of citizens will be considered in the report, and a summary of any
comments or views not accepted and the reasons therefore, will be attached to the CAPER
and submitted to HUD
Public Hearings
By law, public hearings are required in order to obtain the public's view and to provide the public
with the City's and County's responses to public questions and proposals A public hearing is
held in May for the adoption of the next year's Application and Policy for the Use of CDBG and
HOME Funds A second hearing is held in November to review the proposed use of funds and
adopt the Annual Action Plan
Notification of the public hearings and of 30 -day comment periods will be published in the
newspaper of record and will afford citizens, public agencies, and other interested parties a
reasonable opportunity to examine the proposed plans and to submit comments
Kitsap County public hearings will be held during the regular meeting of the Kitsap Regional
Coordinating Council in the meeting chambers of the Norm Dicks Government Center KRCC
meeting 9 times and agendas can be obtained at
http / /www kdsapregionalcouncll org/krcc board.html
City of Bremerton public hearings will be held during Bremerton City Council meetings, which
are held every first and third Wednesday of the month, at 5 30 pm in the meeting chambers of
the Norm Dicks Government Center Bremerton City Council agenda may be obtained at
http / /www.ci.bremerton.wa.us /dispiay php ?id =580
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG /HOME CITIZEN PARTICIPATION PLAN
PAGE 6
Public Comments
Interested persons may submit comments in writing during the public comment periods, or orally
at the public hearings Written comments should be directed to
Kitsap County Block Grant Program City of Bremerton
3456 1h Street, Suite 400 345 6th Street, Suite 600
Bremerton, WA 98337 Bremerton, WA 98337
Complaints
All written citizen complaints will be referred to the appropriate person(s) or agencies for action
Under normal circumstances, the Block Grant Division will respond to the person making the
complaint within 15 days. All complaints and responses will be kept on file
Resources
Newspaper of Record: Notification will be placed in the following newspaper under
Legal Notices at least ten days before a public meeting is held concerning a program
described in this plan
Kitsap County Block Grant — The Kitsap Newspaper Group
City of Bremerton Block Grant — The Kitsap Sun
Notices may also be published on City and County websites, as follows
Kitsap County Block Grant Division -
http / /www.kitsapgov corn /hr /block -grant program/block grant program htm (scroll
down to "ANNUAL APPLICATION PROCESS ")
City of Bremerton Block Grant Program
http: / /www ci.bremerton wa us /display.PhP ?id =788
The notice will indicate when and where the public meeting will be held Meetings are
often held at the following location
Norm Dicks Government Center, 1S Floor Meeting Chambers
3456 th Street
Bremerton, WA 98337
KITSAP COUNTY AND THE CITY OF BREMERTON CDBG/HOME CITIZEN PARTICIPATION PLAN
PAGE 7
Appendix B
Requirements for
Section 108 Loan Guarantee
SECTION I - GENERAL GUIDELINES
A. Introduction
Section 108 is the loan guarantee provision of the U S Department of Housing and
Urban Development's (HUD) Community Development Block Grant (CDBG)
program Section 108 enables grantees to leverage their CDBG funds by borrowing
up to five times their CDBG allocation Section 108 loans provide long term, low -cost
financing with flexible terms The funds are available year- round, on a non-
competitive basis and for a wide variety of uses
HUD provides a full faith and credit guarantee of notes issued by public jurisdictions
and sold to private investors In turn, public jurisdictions are required to pledge
CDBG funds as collateral for the loans These funds are not escrowed and grantees
may continue to use CDBG funds as planned Additional collateral is also required,
which provides a safeguard to reduce the risk to CDBG funds Collateral may be
project -based such as a lien on real property or based on other types of security
unrelated to the Section 108 project In most cases, Section 108 loans do not count
against a community's bonding authority and are not used to determine credit
worthiness of the community by private credit rating agencies
The Loan Program is administered-by the Kitsap County Block Grant Program for _
County funds and by the City of Bremerton Block Grant Program for City funds All
loans require approval from the Kitsap Regional Coordinating Council and Board of
County Commissioners for County loans, or the Bremerton City Council for City
loans
B. Section 108 Loan Pro-gram Criteria
Eligible Applicants
• Private companies,
• Governments,
• Public agencies,
Non- Profit institutions,
For- Profit and Not - for -Profit owners of multi - family projects
All projects must be located in Kitsap County and for projects using City funds the
project must be located in the City of Bremerton
Eligible Activities
• Economic development activities eligible under the CDBG program including
assistance to for - profit businesses
• Acquisition of real property,
• Rehabilitation of publicly owned real property,
• Clearance, demolition, and removal on acquired or rehabilitated public property
(including environmental cleanup),
• Site preparation including construction, reconstruction, or installation of public
improvements related to property acquired or rehabilitated using Section 108
funds or for economic development purposes,
• Acquisition, construction, reconstruction or installation of public facilities,
• Housing rehabilitation eligible under CDBG,
• Housing construction as part of community economic development (in limited
circumstances),
• Relocation costs,
• Debt service reserves, and
• Payment of interest on the guaranteed loan and issuance costs of public
offerings
Meeting a National Objective
• CDBG regulations apply to the Section 108 loan guarantee program All projects
must either
✓ Principally benefit low and moderate income persons,
✓ Aid in the elimination or prevention of slum and blight, or
✓ Meet an urgent need of the community
C. Projects Eliaible for Section 108 Loans
1. Economic Development Projects:
Examples of economic development projects include loans made to a for - profit
business, development of a business or industrial park, construction or
reconstruction of infrastructure to support business, or implementation of a
redevelopment project In each of the following examples the project must create
new fob opportunities for low and moderate income persons Examples include
a Business Loans — funding provided to a local firm for expansion of its
operations
b BusinesslIndustrial Park — funding provided to purchase real estate for
the development of a business or industrial park
c Redevelopment Project — funds could be used for the acquisition,
relocation, rehabilitation of buildings, and clearance of site(s) for
redevelopment purposes
2. Housing Projects:
Examples of housing projects that are eligible for Section 108 loans include
rehabilitation, acquisition of sites for new development, homeownership, etc All
housing type activities must be affordable to low and moderate income persons
and be eligible under CDBG
3. Community Development:
Large scale public facilities and infrastructure type projects may be undertaken
with Section 108 loan funds. These projects must benefit the low and moderate
income population of the area in which they are intended to serve Examples of
Community Development projects include
a Parks & Recreation — funds may be used for the expansion of an existing
park facility or the development of a new facility
b Streetscape Improvements — funds may be used to provide loans /grants
for building facade improvements, streetscape work such as tree planting,
walks, curbs, signage, etc
c Infrastructure Improvements — for the construction or reconstruction of
roads, streets and public utilities
d Public Facilities — funds may be used for purchase, rehabilitation or
construction of public facilities which principally benefit low /mod income
persons
D. How The Program Operates
1. Maximum Commitment Amount
An entitlement entity (County or City) may apply for up to five times the public
entity's latest CDBG entitlement amount, minus any outstanding Section 108
commitments or principal balances on Section 108 loans This amount is
published annually in the Application
2. Financing Source
Section 108 obligations are financed annually through underwritten public
offerings in which fixed rate notes are sold to private investors To ensure
marketability of Section 108 notes HUD provides a 100% full faith and credit
guarantee to investors Financing between public offerings is provided
through an interim lending facility established by HUD Although HUD
coordinates the funding process, it does not have a direct role in the flow of
funds
3. Security
Security for the loan guarantee includes a pledge by the public entity of its
current and future CDBG funds The CDBG funds are not escrowed and may
continue to be used as planned Additional security is also required, which
provides a safeguard to reduce the risk to CDBG funds The additional
security requirements will be determined on a case -by -case basis
4. Loan Repayment
The maximum repayment period for a Section 108 loan is 20 years. Interim
loan interest payments are due quarterly on the first day of the months of
February, May, August, and November On permanent loans, principal
payments are due once a year on August 1 and interest payments are due
twice a year on August 1 and February 1 HUD has the ability to structure the
principal amortization to match the needs of the project and borrower.
5. Prepayment
Investors buying the Section 108 notes are guaranteed the timely payment of
principal and interest for a ten -year period. Technically, the borrower cannot
prepay the loan during this period However, by guaranteeing the income
stream to the investor through a deposit of funds with a Fiscal Agent, the
borrower is defeasing or voiding the Section 108 obligation Interim loans may
be prepaid at any time without penalty Jurisdictions do have the options of
remaining in the interim financing facility for the term of the loan
6. Interest Rates
Interest rates on interim borrowing are priced at the three -month London
Interbank Offered Rate (LIBOR) plus 20 basis points (0 2 %) Interest rates on
obligations sold in public offerings will be determined by market conditions at
the time but generally will be slightly lower than yields on Federal agency
securities (e g Fannie Mae and Freddie Mac) with comparable terms
7. Financing Fees
The only financing fees of the Section 108 program are those related to
issuance of the Section 108 notes, such as fees to the underwriters and the
Fiscal Agent and any other expense related to the offering Total financing
fees will generally be one -half to one percent (0.5% - 10%) of principal No
additional maintenance fees are charged for permanent Section 108 notes
Interim loans are charged a $100 quarterly fee
8. Regulations
All CDBG program regulations such as citizen participation, Davis- Bacon, and
relocation /displacement compliance must be met The environmental
assessment must be completed prior to incurring or expending any project
costs
SECTION II - UNDERWRITING STANDARDS & GUIDELINES
A. Underwriting Standards & Guidelines
Kitsap County and The City of Bremerton Block Grant Programs have developed
standards for financially underwriting and evaluating the eligibility of potential
projects for Section 108 loan financing The size and scope of certain proposed
projects will dictate the level of review required The staff and consultant costs
associated with the financial review and underwnbrig will be charged to the
applicant After an initial review of a project for eligibility an Application must be
submitted to be considered for the Section 108 loan At that time an agreement
between the jurisdiction (County or City) and the applicant will be executed and
include a scope of work and budget to complete the application review and
processing of submission to HUD
B. Objectives of Financial Review
The objectives of the financial review of each application are the same as the HUD
Guidelines and Objectives for Evaluating Project Costs and Financial Requirements
that are found in Appendix A to Part 570 of the Federal Regulations These
objectives are to ensure
Project costs are reasonable,
➢ Sources of project funding are committed,
➢ To the extent practicable, Section 108 funds are not substituted for non-
federal financial support,
➢ Project is financially feasible,
➢ To the extent practicable, the return on the owner's equity investment will not
be unreasonably high (in the case of a loan to a private firm), and
➢ To the extent practicable, the Section 108 loan funds are disbursed on a
proportional basis with other finances provided to the project
The City and County will also be evaluating projects using the following criteria
➢ Is the project feasible and is it supported by market studies, engineering
studies, housing studies, feasibility studies, etc ,
➢ Is the project site /location suitable for this project,
➢ What is the capacity and capability of the project development team,
➢ Does the project meet the eligibility criteria of the Section 108 loan program,
➢ What is the public benefit to be derived from the project, and
➢ What are the sources of loan repayment
C. Application
Applications for Section 108 loans are accepted year round If you are interested in
submitting an application you must first meet with the County or City to determine
the eligibility of your project For projects within the City of Bremerton please contact
Marie Villa at 360 -473 -5375 or Marie VilaO -ci bremerton.wa.us For projects in
Kitsap County please contact Bonnie Tufts at 360- 337 -4606 or
btufts .co kitsap wa.us
This Page Intention //y Blank
Appendix C
Consolidated Plan
Objectives &Strategies
HUD Program Goal: Decent Housing — including:
• Assisting homeless persons to obtain affordable housing,
• Assisting persons at risk of becoming homeless,
• Retaining the affordable housing stock,
• Increasing the availability of affordable permanent housing for low - income and
moderate - income families
• Increasing the supply of supportive housing which includes structural features
and services to enable persons with special needs to live in dignity and
independence, and
• Providing affordable housing that is accessible to fob opportunities.
Housing Objectives
H -1 Improve and preserve the quality of affordable housing in the Consortium,
including both owner occupied and rental housing, serving low - income
households
H -2 Provide a range of affordable housing types and densities while emphasizing
high quality development, proximity to transportation and services, adequate
public infrastructure and efficient use of land
4
H -3 Promote fair housing for all members of the community without discnmmation on
the basis of race, color, religion, sex, national ongm, familial status, disability or
sexual orientation
H -4 Expand homeownership opportunities for low - income homebuyers.
H -5 Promote credit counseling and homeownership financing counseling to
discourage predatory lending practices, promote financial education, and provide
equal financial opportunities to all
H -6 Expand housing opportunities through an increase in the supply of decent, safe,
and affordable rental housing, rental assistance and supportive housing with
services
H -7 Evaluate, and when present reduce, lead based paint hazards
H -8 Improve the safety and livability of low - Income neighborhoods
Housing Strategies
1 Acquisition and New Construction: The Consortium will support land
acquisition, development and construction of new affordable housing units
Housing constructed on
• the land may be rental or ownership Ownership housing to target very low -
income and
• low- income, households, rental housing to target extremely low- income and
very low- income households (H -2, H-4, H -6)
2 Energy Efficiency Measures Preserve and improve energy efficiency of
affordable housing units through weathenzation and other efficiency measures
(H -1, H -7)
3 Fair Housing The Consortium will provide for fair and equal housing
opportunities for all persons through the following activities:
• Conduct an annual Fair Housing educational seminar for housing providers,
real estate professionals and lenders (H -3)
• Provide no -cost fair housing educational resources and referral (H -3)
• Update the Kitsap County & City of Bremerton Analysis of Impediments to
Fair Housing. (H -3)
4 Homebuyer assistance The Consortium will support assistance to very low -
income and low- income homebuyers to subsidize the purchase of a home. (H -4)
5 Mixed - Income Projects Support mixed - income housing projects that include
affordable units through targeted use of funds for units which will be occupied by
households with incomes at or below 80% AMI (H -2, H-4, H -6)
6 Multi - Family Rental Rehab The Consortium will support acquisition and
rehabilitation of existing multi- family rental housing. (H -1, H -6)
7 Neighborhood Improvement Implement housing and neighborhood
improvement programs through targeted neighborhood programs, education,
housing rehabilitation and related services, and other public improvement
projects (H -8, H -2)
8 Owner - occupied Single - Family Rehab The Consortium will use CDBG funds
to provide owner occupied housing rehabilitation assistance in the form of major
rehabilitation loans, emergency repair loans, and home safety repair grants (H -1,
H -7)
9 Preservation of Housing Support the preservation of affordable single family
housing through purchase and rehabilitation of homes in low -mod areas Special
consideration will be given to projects addressing foreclosed and abandoned
properties and blighting conditions (H -1, H -8)
10 Rental Assistance The Consortium will consider support of a tenant based
rental assistance program to address the high number of households on Section
8 Housing Choice Voucher wait lists and the large number of households who
cannot afford fair market rent (H -6)
11 Revitalization Identify slum and blight areas and assess for revitalization (H -8)
12 Shared Housing Support shared housing programs that match low - income
people in need of affordable housing with those who have housing to offer or
share (H -2, H -6)
Special Needs Objectives 91.215(e)
SNH -1 Increase the supply of permanent supportive housing for special needs
populations
SNH -2 Preserve existing special needs housing.
SNH -3 Improve access to services for those in special needs housing
SNH -4 Improve housing accessibility and safety in both new and existing housing
SNH -5 Reduce barriers to stable housing by encouraging collaboration among
service providers
Special Needs Strategies
1 ADA Improvements: Modify and improve homes occupied by the frail elderly
and persons with permanent physical disabilities These modifications and
improvements will be focused on improving the safety and accessibility of the
home and meeting ADA standards (SNH -4)
2 Community -wide Housing Initiatives: The Consortium will work collaboratively
with service providers, housing providers, and other governmental agencies to
reduce barriers to housing through (SNH -5)
• Active participation in, and support of, the Kitsap Continuum of Care and
Kitsap Housing Coalition
• Efforts to implement a streamlined intake system in Kitsap County
3 Develop Supportive Housing: Develop and construct special needs and
supportive housing Activities may include the purchase of land, site development
and construction Services should be integral to the housing (SNH -1)
4 Preserve Supportive Housing: Preserve supportive and special needs housing
through funding of supportive services and rehabilitation of existing facilities The
housing must be owned and operated by a public agency or a private nonprofit
and be occupied by the special needs population Skilled care facilities are also
eligible for assistance (SNH -2)
5 Transit Oriented Housing: Locate housing intended for special needs groups in
proximity to public transportation and services required by the special needs
group occupying the housing Where possible provide supportive services as a
resident service on site (SNH -3)
Homeless Objectives
HH -1 Provide well targeted efforts toward those people who would become homeless
without intervention
HH -2 Delivery of temporary, emergency services and shelter to homeless as
stabilization efforts to permanently house these individual begins.
HH -3 Services and housing aimed at providing stable, permanent living conditions in
which an individual or family may thrive.
HH -4 Ensure a safe, decent and affordable housing inventory in our community, to
appropnately house people with wide range of needs
Homeless Strategies
1 Affordable Housing Build, create, preserve, and maintain more affordable
housing across the spectrum for all low and moderate income persons, as a key
piece in the community's continuum of housing (HH -1, HH -3, HH-4)
2 Alternatives to traditional Emergency Shelters Explore short term solutions
to supplement the low supply of emergency shelter such as safe park, tent city,
pieces of home, and others, as listed in the Homeless Housing Plan (HH -2)
3 Create Housing First Units Create Housing First units for priority homeless
populations such as veterans, women, and families, youth, reentry, and chronic
homeless (HH -2, HH -3, HH -4)
4 Discharge Planning Provide discharge planning for those individuals being
released from institutions including correctional facilities, hospitals, homeless
programs and foster care (HH -1)
5 Economic Independence Provide education and training to support economic
independence through living -wage fobs, including literacy programs, financial
education and credit/debt counseling, employment and fob training, ESL and
basic education (HH -1, HH -3, HH-4)
6 Existing Emergency Shelters Support the operations of existing Emergency
Shelters (HH -2)
7 Flexible Housing Create more units that can be used for families to transition in
place from emergency shelter to transitional or permanent housing, including in
combination with Housing First model (HH -2, HH -3)
8 Foreclosure /Eviction Prevention assistance through financial and basic skills
counseling, mediation in housing courts, and provide housing alternatives such
as community land trust ownership and homeshare rental models (HH -1)
9 Gap Assistance Provide assistance to those in need to prevent eviction and
foreclosure, including support of basic services such as food provision,
transportation, utility and housing costs, etc (HH -1, HH-4)
10 Hygiene Center Build a hygiene center with supportive services to address the
immediate and everyday needs of the homeless and chronically homeless.(HH-
2)
11 Innovative Housing Models Explore housing models that are intrinsically more
sustainable as affordable units, such as Community Land Trust, Homeshare, etc
(HH -1, HH-4)
12 New Emergency Beds Create new emergency shelter beds for prionty and
underserved homeless populations such as veterans, women, and families,
youth, reentry, and chronic homeless (HH -2)
13 Permanent Supportive Housing Continue to support the operations and plan
for future need through preservation, acquisition and development of Permanent
Supportive Housing for our community's special needs individuals, including
physically, mentally, and developmentally disabled, disabled veterans, and
chronic substance abusers (HH -3, HH-4)
14 Supportive Services Enhance the effectiveness of homeless prevention
strategies and homeless emergency response through delivery of a continuum of
supportive services (HH -1, HH -2, HH -3, HH-4)
15 Transitional Housing Continue to support transitional housing as a key piece of
our community's response to homelessness, but with an eye to finding a
permanent housing solution as soon as possible (HH -2, HH -3)
16 Unconditional Housing Convene a task force to research "Unconditional
Housing" and how this will fit into our homeless housing plan Recommendations
from this task force integrated into the 2011 update of the Kitsap Homeless
Housing Plan (HH -3, HH -2, HH-4)
HUD Program Goal: A Suitable Living Environment — which includes:
• Improving the safety and livability of neighborhoods,
• Eliminating blighting influences and the deterioration of property and facilities,
• Increasing access to quality public and private facilities and services,
• Reducing the isolation of income groups within areas through spatial de-
concentration of housing for lower income persons and the revitalization of
deteriorating neighborhoods;
• Restoring and preserving properties of special historic, architectural, or aesthetic
value, and
• Conserving energy resources and use of renewable energy resources
Community Objectives — Public Services
PS -1 Support the provision of services providing bask needs to low income and
special needs individuals and families in crisis
PS -2 Ensure access to programs that promote prevention and early intervention
related to a variety of social concerns which can cause long -term instability
PS -3 Increase self - sufficiency and independence for low - income and special needs
populations
Community Strategies — Public Services
1 Childcare Services Assist with childcare services for target income working
families either in conjunction with existing programs or through new childcare
facilities (PS -1, PS -3)
2 Crisis Intervention Support crisis intervention services (PS -2)
3 Disabled Services Assist social services providers with services for persons with
disabilities Services may include recreation programs, advocac y services, home
meal /visitation programs, job training, transportation, and health services, among
others (PS -1, PS -3)
4 Domestic Violence and Abuse Services Support services that prevent and
mitigate effects of domestic violence, physical and sexual abuse through counseling
and education (PS -1, PS -2)
5 Health Services Assist in the provision of health services (including oral, mental
health and substance abuse issues) to residents. These services may include
referrals, counseling, screening, education and outreach, health programs, or
medical services. (PS -1, PS -2)
6 Homeless Services Provide supportive services to all homeless populations,
including Job Training & Employment, Substance Abuse Treatment/Detoxification,
Health Care (Medical, Dental, Mental), Case management/Life skills /credit
counseling, Education, Housing Placement. (PS -1, PS -2, PS -3)
7 Housing Services Support and expand programs facilitating housing stability
through technical assistance, housing counseling, debt counseling, credit
management, rights of the consumer and fair housing referral and other services
such as matching households with sustainable housing, with a focus on alleviating
community's inventory of vacant and foreclosed properties (Meets Housing
Objective H -5, funded under Public Service)
8 Human Services Support social services programs, including case management,
that meet the basic human needs of low- income persons with an emphasis on
meeting priority needs.(PS -1, PS -2)
9 Information and Referral, Outreach and Advocacy Support efforts to provide
information on existing services to those in need of services and to refer individuals
in need of services (PS -1, PS -2)
10 Self sufficiency programs Support programs providing education allowing
individuals and families to help themselves make live- improving changes toward
self - sufficiency, such as literacy programs, financial education, life- skills training,
employment skills training, and other programs (PS -3)
11 Senior Services Assist with the provision of senior services to the elderly and frail
elderly Such services may include nutrition programs, home - delivered meal
programs, transportation, health services, shared housing programs and other forms
of assistance (PS -1, PS -3)
12 Single Point of Entry Support the implementation of a single point of entry for
information, referral and access to services (PS -2)
13 Transportation Services Expand programs enabling low income residents access
to services, facilities and employment through support of transportation programs
and subsidies (PS -3)
14 Youth Services Support a variety of youth services, including recreation,
mentoring, education and nutrition services for the community's target income young
people Support may include direct assistance or fee waivers for target income
groups (PS -1, PS -3)
Community Objectives — Public Facilities & Infrastructure
PF -1 Improve the infrastructure and physical environment of the Consortium's Low -
and Moderate- Income areas
PF -2 Enhance the quality of life through creation and improvement of recreational
spaces and public facilities in Low -Mod areas
PF -3 Increase self - sufficiency and independence for low - income and special needs
populations
PF -4 Improve and increase when needed, public facilities which serve the needs of
low - income and special needs populations
Community Strategies — Public Facilities & Infrastructure
1 Removal of Barriers Provide suitable access to public facilities in the cities and
County by removing architectural barriers Remove barriers to the safe travel of
persons with disabilities that exist in the public right -of -way, as identified in
community -wide plans (PF -3)
2 Right -of -way Improvements Make improvements to the public right -of -way to
improve appearance and extend useful life where deteriorating infrastructure
contributes to blighting conditions
3 Eliminate Slum & Blight Address slum and blight by targeting housing
rehabilitation, neighborhood revitalization programs, and code enforcement to
designated areas (PF -1)
4 Recreational Facilities and Upgrades Participate in funding the construction
and expansion of recreational facilities, including public parks and recreational
facilities to serve low and moderate income persons in Low -Mod area
neighborhoods (PF -2)
5 Transportation Access Increase transportation access for special needs
populations (PF -3)
6 Public Facilities Construct and /or improve public facilities that provide
programs and services addressing the needs of low income and special needs
populations (PF -2, PF 4)
7 Urgent Need Meet urgent Community Development needs, which pose a
serious and immediate risk to public health or safety
HUD Program Goal: Expanded Economic Opportunities — which
includes:
• Job creation and retention,
• Establishment, stabilization and expansion of small businesses (including
microbusinesses)
• The provision of public services concerned with employment,
• Availability of mortgage financing for low- income persons at reasonable rates
using non - discriminatory lending practices,
• Access to capital and credit for development activities that promote the long -term
economic and social viability of the community, and
• Empowerment and self - sufficiency for low- income persons to reduce
generational poverty
Economic Objectives
E -1 Increase the number of applicants for living wage fobs
E -2 Expand economic opportunities for very low- and low - income residents and
reduce the number of persons with incomes below the poverty level
E -3 Increase employment opportunities for low - income persons
E -4 Support business development and expansion to create more fobs
Economic Strategies
1 Education and Training Opportunities Work with and support Kitsap County
community colleges and technical schools in matching training programs to major
Kitsap County employer needs (E -1)
2 Local Small Business Consortium Support local small business development
consortium to carry out networking, collaborative and strategic efforts to expand
economic opportunity to low income individuals throughout Kitsap County
3 Incumbent Worker Training Support and expand incumbent worker training to
low- income workers to improve job security and improve opportunities for
advancement (E -2, E-4)
4 Career Pathways Programs Support the expansion of Career Pathways
programs These programs are a series of connected education and training
programs and support services that enable individuals to secure employment
within a specific industry or occupational sector, and to advance over time to
successively higher levels of education and employment in that sector (E -2)
5. Local Hiring and Disadvantaged Business Policy Where required, the
County and City will assure implementation of federal policies for the hiring of
small and local businesses ( "Section 3 "), and the employment of minority and
women owned businesses The County and City will encourage these practices
when not required (E -2)
6. Job - Training and Preparation Services Support fob training, preparation,
retraining, incumbent training, and employment search services for low- income
persons (E -3)
7. Job Creation Participate in providing infrastructure or facilities to provide for
business expansion or development to offer employment opportunities
throughout the County (E-4)
8 Small Business Funding Provide capital (loan or grant) to small businesses to
expand capacity and create or retain fobs for low income persons (E -4)
9 Small /Micro Business Assistance Provide technical assistance, advice, and
business support services (including assistance in developing business plans,
securing funding, conducting marketing, etc ) to new and expanding businesses
(E-4)
10 Small Business Development Support small business development programs
through program and capital funding (E -6)
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Appendix D
CDBG National Objectives
& Eligibility Requirements
CDBG NATIONAL OBJECTIVES
AND ELIGIBILITY REQUIREMENTS
Every CDBG activity must meet a national objective and must be eligible in order to be funded
The following information is provided to assist you in defining the eligibility and national
objective that your activity meets and the type of information you need to provide to the
County Specific regulations that govern the CDBG program are available the Block Grant
office
What are the National Objectives? (Benefit Criteria)
An eligible CDBG activity must either
I. Principally benefit low and very low income
A Area Benefit
B Limited Clientele
1 At least 51% of beneficiaries are low or very low income persons /households
a Presumed Benefit
b Agency Requires Client Information
c Income Eligibility Requirement (Direct Benefit)
d Nature /location
2 Removal of Architectural Barriers
3 Assistance to Owners of Microenterprises
4 Employment Support Services
C Housing Activities (Residential)
D Job Creation or Retention - Economic Development
II.Reduce or Eliminate Slum or Blight
A Area Basis
B Spot Basis
III.Meet an Urgent Need
NOTE: The vast majority of CDBG activities funded are designed to benefit low and
very low income persons and households
How Does A Proiect Meet a National Objective?
I. Principally benefit low and very low income
To meet this national objective, an applicant must document that the proposed project
will benefit predominantly low and very low income persons or households. A low
income person /household is one whose annual income does not exceed 80% of median
family income -- a very low income person /household is one whose annual income does
not exceed 50% of the area median income HUD Income Limits for Bremerton /Kitsap
County are included in the Application each year There are several different ways that
CDBG activities can benefit low and very low income persons
A. AREA BENEFIT
Some CDBG assisted activities, such as parks, neighborhood facilities,
community centers and streets, serve an identified geographic area These
activities generally meet the low and moderate income principal benefit
requirements if 51% of the residents in the activity's service area are low and
moderate income However, in some communities, they have no or very few
areas in which 51% of the residents are low and moderate income For these
grantees, the CDBG regulations authorize an exception criterion in order for such
grantees to be able to undertake area benefit activities
The City of Bremerton does not have exception criteria so projects which qualify
under the Area Benefit must meet the 51 % threshold Kitsap County has
exception criteria that is published by HUD and updated annually For 2010 the
exception percentage for Kitsap County is 43 27% Please contact the City or
County Block Grant office for maps and more information on documenting your
service area
Apphcants must
R1 Attach a map with the boundaries of the project's service area delineated
(the surrounding geographic area in which all or most of the people
benefiting from the project reside)
0 Explain why that particular geographic area is the service area for the
project,
D Indicate on the map residential and commercial areas within the service
area boundary, and
R1 Provide documentation that 51 %(City) or 43 3 %(County) or more of the
residents within the service area are low and very low income
persons /households utilizing the most recent census data as provided by
HUD. Please contact the City or County Block Grant office for maps and
more information on documenting your service area
B. LIMITED CLIENTELE
An activity which benefits a limited clientele, at least 51% of whom are low or
very low income persons /households There are four types of activities in this
category
1. Presumed Benefit -- An activity may benefit one of the following groups
who are presumed by HUD to be principally low and very low income abused
children, battered spouses, elderly persons, handicapped persons, homeless
persons, illiterate persons, migrant farm workers and persons living with
HIV /AIDS
Applicants must.
Q Demonstrate that the facility or service is designed for and used
predominantly by one of the groups identified above.
2. Require documentation on family size and income in order to show
that at least 51 percent of the clientele are low or moderate income -
Agencies must keep information on client income and family size which
can document whether or not 51 % or more of the clientele are persons
whose family Income does not exceed low and moderate income limits for
Kitsap County Note Income qualification criteria from other programs
(such as state poverty guidelines) may be substituted provided those
criteria are at least as restrictive as the HUD income limits.
Applicants must.
Q Provide documentation of the total number of clients /households
served in 2009 (if this is an existing service),
C( State what percent of the clients /households served in 2010 were low
or very low income (or met criteria that are stricter),
Q Provide a copy of the income qualification criteria that were used to
screen clients and to determine the percent that were low and very low
income,
Q Provide a copy of the client intake form highlighting the questions
regarding family size and income levels, and
Q Agree to maintain documentation of the client's incomes for the CDBG
contract period
3. Income Eligibility Requirements (Direct Benefit) -- This means that the
agency uses income screening to limit the benefits of the CDBG funded
activity to only those persons who are low and very low income For
example, a housing counseling program would screen potential clients
and use the CDBG funds to pay for the counseling only of those who are
income eligible
Apphcants must.
Q Screen clients by family size and income,
Q Provide a copy of the client intake form highlighting the questions
regarding family size and income levels, and
Q Describe how the program /project would limit the benefits of the CDBG
funded activity exclusively to low and very low income
persons /households
4. Nature /Location of Activity Allows Conclusion of Primarily Low and
Very Low Income Benefit -- This means that the activity is of such a
nature and in such a location that it may be concluded that the clientele
will be primarily low and very low income; for example, a food bank near
an assisted housing project
Apphcants must:
Q Explain how the nature, and if applicable, the location of the proposed
project, establishes that it is used primarily for low and very low income
persons
In addition to the four activities described above, the following activities
may qualify under the limited clientele national objective.
• Removal of Architectural Barriers
A project which removes material or architectural barriers which restrict the
mobility and accessibility of elderly or handicapped persons to publicly owned
and privately owned non - residential buildings, facilities and improvements, and
the common areas of residential structures containing more than one dwelling
unit is considered a limited clientele activity Note This refers to the removal of
existing barriers It does not apply to new construction
• Assistance to Owners of Microenterprises
When assistance is to be provided to a microenterpnse (a commercial enterprise
that has five or fewer employees, one or more of whom owns the enterprise) the
owner must qualify as low or moderate income Note for microenterprise
projects under the limited clientele national objective justification, the low and
moderate income threshold applies only to the owner, there are no income
requirements for the workers the owner employs
• Employment Support Services
If CDBG assistance is only provided for training or supportive services (peer
support programs, counseling, child care, transportation, and other similar
services) to assist business(es), the percentage of low and moderate income
persons assisted may be less than 51 % if the proportion of the total cost borne
by CDBG funds is no greater than the proportion of the total number of persons
assisted who are low or moderate income For example A new business moves
into town and begins an on -site day care program for workers The total cost of
-the day care is $10,000 There are 40 children, 3 of which meet qualifications as
low and moderate income The maximum amount chargeable to the CDBG
program is $750.00 ($10,000/40 =$250 X 3 = $750)
Applicants must.
Q Maintain data documenting the total cost of the service, Screen clients by
family size and income; and provide a copy of the client intake form
highlighting the questions regarding family size and income levels;
C. Housing Activities
These are activities providing or improving permanent residential structures which are
or will be occupied by low and very low income households It does not include group
homes or shelters for the homeless, which are considered limited clientele activities
Apphcants must.
Q Maintain a copy of the written agreement with each landlord or developer
receiving CDBG assistance indicating the total number of dwelling units in
each multi -unit structure assisted and the number of those units which will
be occupied by low and moderate income households after assistance
Q Maintain records on the total cost of the activity, including both CDBG and
non -CDBG funds
Q Screen households for family size and income eligibility.
Q For rental housing, maintain records on rent charged (or to be charged)
after assistance for each dwelling unit in each structure assisted.
D. Job Creation or Retention Activities
These are economic development activities which are designed to create or retain
permanent jobs, where at least 51% of the jobs, computed on a full -time equivalent
basis, can be documented to employ low and very low income persons for the
geographic area where it is located There are very specific elements of this
national objective. Please contact the Community Development staff to discuss
your project prior to submitting an application.
II. REDUCE OR ELIMINATE SLUM OR BLIGHT
An activity may meet the national objective of reducing or eliminating slum and blight,
instead of benefiting low and very low income people Currently, there are no
designated slum and blight areas outside of the City of Bremerton There are two
different ways that CDBG activities can meet this second national objective
Area Basis A project must be located in an area defined as a slum or blighted
area under state or local law, the conditions which qualified the area as slum or
blight must be on record, and the project must specifically address one or more
of these conditions
Spot Basis A CDBG project to eliminate slum and blight on a spot basis (for
example, outside of a locally designated slum or blighted area) must be limited to
activities necessary to eliminate specific conditions posing a threat to the public
health or safety The health or safety hazard must be identified, and the scope
of the project must be limited to correcting the hazard
III. MEET AN URGENT NEED
Use of this category is extremely rare It is designed only for activities that alleviate
emergency conditions Urgent need activities must meet the following qualifying
criteria
• The existing conditions must pose a serious and immediate threat to the health or
welfare of the community,
• The existing conditions are of recent origin or recently became urgent (generally,
within the past 18 months),
• The recipient is unable to finance the activity on its own, and
• Other sources of funding are not available
An example of an activity that would qualify under the urgent Needs National Objective
Our County is hit by an earthquake within the last month and does not have any other
resources to demolish severely damaged structures which pose a danger to occupants
of neighboring structures
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Appendix E
HOME Eligibility
Requirements &Program
Rules
HOME ELIGIBILITY REQUIREMENTS
AND PROGRAM RULES
The HOME Program was created by the National Affordable Housing Act of 1990
(NAHA) to promote the following objectives
➢ Provide decent and affordable housing to lower- income households,
➢ Expand the capacity of nonprofit housing services,
➢ Strengthen the ability of local governments to provide housing, and
➢ Leverage private- sector participation
Although HOME funds are available every funding cycle, the Community Development
Block Grant Staff ultimately decides whether or not to award HOME or CDBG funding to
a project dependent on a project's described use of funding and criteria
What are Eligible HOME - Funded Activities?
• Homeowner Rehabilitation: HOME funds may be used to assist existing owner -
occupants with the repair, rehabilitation or reconstruction of their homes
• Homebuyer Activities: Participating jurisdictions may finance the acquisition
and /or rehabilitation or new construction of homes for homebuyers
• Rental Housing: Affordable rental housing may be acquired and /or rehabilitated,
or constructed
What are Eligible HOME Costs?
• Developmental Hard Costs: HOME funds may be used for the actual cost of
constructing or rehabilitating housing Eligible costs include demolition of existing
structures and improvements to the project site that are in keeping with
improvements of surrounding, standard projects, and costs to make utility
connections
• Acquisition Costs: HOME funds may be used for the costs of acquiring
improved or unimproved real property
• Related Soft Costs: HOME funds may be used for other reasonable and
necessary costs incurred by the owner and associated with the financing or
development (or both) of new construction, rehabilitation, or acquisition of
housing assisted with HOME funds These costs include, but are not limited to
• Architectural, engineering or related professional services required to
prepare plans, drawings, specifications, or work write -ups,
• Costs to process and settle financing for a project, such as private
lender origination fees, credit reports, fees for title evidence, fees
• for recordation and filing of legal documents, building permits, attorney
fees, private appraisal fees and fees for an independent cost estimate,
builders or developer fees,
• Costs of a project audit,
• Costs to provide information services such as affirmative marketing
and fair housing information to prospective homeowners and tenants,
• Costs for new construction or substantial rehabilitation, the cost of
funding an initial operating deficit reserve, which is a reserve to meet
any shortfall in project income during the period of project run up and
which may only be used to pay operating expenses, reserve for
replacements and debt service
• Relocation Costs: HOME funds may be used for the costs of relocation
payments and other relocation assistance for permanent or temporarily relocating
individuals, families, businesses, non - profit organizations, and farm operation
where assistance is required
• CHDO Operating Expenses
• Total HOME Assisted costs: HOME funds may be used to pay for all expenses
from developmental hardcosts through CHDO operating expenses
• Total Number of HOME Assisted Units: HOME funds may be used to pay for
the costs of the total number of units that will be assisted with HOME funds
• HOME Costs per Unit: HOME funds may be used for the total HOME costs
divided by the total number of HOME assisted units
What Is a Community Development Housing Organization (CHDOW
A CHDO is a private nonprofit, community -based service organization that has obtained
or intends to obtain staff with the capacity to develop affordable housing for the
community it serves A CHDO must meet certain requirements pertaining to their
• Legal status,
• Organizational structure, and
• Capacity and experience
HOME program rules require that a minimum of 15% of HOME funds be set -aside for
CHDOs These funds can be used by the CHDO for HOME activities where the CHDO
acts as the developer, sponsor and /or owner of the housing
For more information on becoming a CHDO please contact the County or City Block
Grant office
Program Rules
The HOME Program has specific program rules that applicants should be aware of
when contemplating applying for funds Some applicable program rules include but are
not limited to
Long Term Affordability
One of the purposes of the HOME Program is to increase the supply of affordable
housing units To ensure that HOME investments yield affordable housing over the long
term, HOME imposes rent and occupancy requirements over the length of an
affordability period The length of the affordability period depends on the amount of the
HOME funds in the property and nature of the activity funded Affordability periods
range from 5 to 20 years The PJ will designate in the subrecipient contract the method
to be used - either Resale or Recapture (24 CFR 92 294(a)(5) -for maintaining
affordability for each HOME assisted property Additionally, deed restrictions must be
recorded on the property to ensure the affordability If the property is transferred during
the period of affordability then resale or recapture will apply
1. RECAPTURE (Applies when the HOME Investment is a direct subsidy).
This is the mechanism to recapture all or a portion of the direct HOME subsidy if the
HOME recipient decides to sell the house within the affordability period Procedures
must be outlined to recapture the HOME assistance that was provided to the
original buyer and invest it in another homebuyer unit If proceeds are insufficient to
recapture the entire subsidy, the rules permit recapturing a portion of the subsidy
based on length of ownership The HOME investment subject to recapture is the
HOME assistance that enables the homebuyer to buy the dwelling.
2. RESALE (Applies when the HOME Investment is a development subsidy).
Homeownership - Sale of the property to another low- income buyer who will use it
as their principal residence Procedures must be outlined to assure the sale of the
property is at a price which allows for a fair return on equity in addition to being
affordable to the subsequent low- income buyer
a Period of Affordability - rental units:
HOME program rules require that HOME funded rental projects remain
affordable for the following terms based on the per unit amount of HOME funds
and the type of use
Rehabilitation of up to $15,000 5 years
Rehabilitation between $15,000 and $40,000 10 years
Rehabilitation of $40,000 + 15 years
New Construction (any amount) 20 years
Period of Affordability - homeownership:
HOME program rules require that HOME funded homeownership projects remain
affordable for the following terms based on the amount of HOME funds per
house
Up to $15,000 5 years
Between $15,000 and $40,000 10 years
Over $40,000 + 15 years
Longer periods of affordability may be placed on a project at the discretion of the
Pi
Minority and Women Owned Businesses
The HOME program requires the encouragement and use of minority and women
owned business enterprises in the implementation of HOME program activities
Affirmative Marketing
HOME regulations require affirmative marketing of housing units assisted with HOME
funds Describe the methods of affirmative marketing that will be undertaken as part of
the HOME - assisted project Affirmative marketing steps consist of actions to provide
information and otherwise attract eligible persons from all racial, ethnic, and gender
groups
At a minimum, project sponsors will be required to use affirmative fair housing
marketing practices in soliciting renters or buyers, determining their eligibility, and
concluding all transactions Any HOME assisted housing must comply with the following
procedures for the duration of the applicable compliance period
• Project sponsor advertising of vacant units must include the Equal Housing
Opportunity logo or statement (newspapers, radio, television, brochures,
leaflets, sign in a window, etc.)
• The project sponsor will be required to solicit applications for vacant units
from persons in the housing market who are not likely to apply for the housing
without special outreach (e g use of community organizations, places of
worship, employment centers, fair housing groups, etc)
The project sponsor must maintain records containing documentation of all
marketing efforts (e g copies of newspaper advertisements, memorandums
of telephone calls, copies of letters, etc ) A listing of all tenants residing in
each unit at the time of application submittal through the end of the
compliance period must also be maintained Records to assess the results of
the affirmative fair housing marketing actions must be available for inspection
by Kitsap County Community Development Block Grant Staff
Homeownership Requirements
The HOME program requires that for all HOME assisted homeownership projects
• All of the HOME funds will benefit families whose incomes are at or below
80% of the area median income
• The assisted housing will be the owner's principal residence
• The purchase price of the property or the appraised value of a property
already owned, after rehabilitation will be less than 95 percent of the median
area purchase price
Home Rents
The HOME program requires that all HOME assisted rental projects ensure that
* 80% of the HOME assisted units in the project have rents which are 30% of
adjusted income for households at 65% of median income, minus tenant paid
utilities HOME regulations require that 80% the lower of either
*The Section 8 Fair Market Rents (FMR) for existing housing, minus
tenant paid utilities
-OR-
*Rents which are 30% of adjusted income for households at 65% of
median income, minus tenant paid utilities
At least 20% of HOME assisted units have rents that are equal to or less than
30% of annual incomes for households at 50% of median income minus
tenant paid utilities Properties with 1 or 2 units are exempt from this rule
Home Match Regurrments
The HOME Program requires a match of 25% or greater in other non - federal funds for
projects The match requirement may be met in several ways City requires a minimum
leveraging ratio of 1 2, or two dollars of other funding for every HOME dollar
• Non - Federal Cash or Cash Equivalent — acceptable sources of cash match include
• Local or state general revenues
• Housing Trust Funds
• Foundations, donations
• State appropriations
• HFA reserves that are not federal funds (e g bond proceeds)
• The interest rate subsidy achieved by the exemption of state or local taxes
• Present value of the interest subsidy for loans made at rates below market
• Value of waived taxes, fees or charges associated with the project,
• Value of donated land or real property,
• Cost of infrastructure improvements associated with the project,
• A percentage of the proceeds of single or multi - family housing bonds issued by state
or local government,
• Value of donated materials, equipment, labor and professional services,
• Sweat equity,
• Direct costs of supportive services to residents of the project,
• Direct cost of homebuyer counseling to families purchasing homes with HOME
assistance
Priorities for Use of HOME funds
The City of Bremerton will give priority to HOME projects located in the Anderson
Cove and Downtown designated Blight Zones Please contact the City for a map of
these areas In the absence of qualified, viable projects that fit the City's vision, the
City Council may elect to set aside HOME funds for a future use, including for a City -
initiated affordable housing project
The County does not have priority areas for the use of HOME funds
J
This Page Inf entionally Blank
Appendix F
Anti - Displacement &
Relocation Assistance Plan
Anti - displacement and Relocation Assistance Plan
INTRODUCTION
• Applicants for federal funds must comply with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, referred to as URA URA
regulations, at 49 CFR Part 24, apply to any federally - assisted project involving
acquisition demolition or rehabilitation
• The URA protects all persons who are displaced by a federally assisted project,
regardless of their income This is in contrast to Section 104(d) which only protects
displaced persons whose income is at or below 80% of the area median income
The URA also protects businesses located in a building acquired, demolished or
rehabilitated with federal funds
REAL PROPERTY ACQUISITION
A When acquisition of real property is the result of a voluntary proposal which has
been submitted by an owner in response to a public invitation or solicitation for
offers, it is referred to as voluntary acquisition In contrast, acquisition of property
by the local government entity which is not voluntarily offered for sale is referred
to as involuntary acquisition Voluntary Acquisition must adhere to the following
procedures
a) Determine if the housing unit is a low /moderate income dwelling unit and if
so contact the Block Grant Program office
b) Clearly advise the owner that in the event negotiations fail to result in an
agreement the property will not be acquired
c) Arrange for a full independent narrative appraisal of the property by a
qualified appraiser
d) Inform the owner of what the agency believes to be fair market value of
the property and that the agency does not have the authority to acquire
the property by eminent domain (HUD Guideform Notice of Voluntary
Arms Length Transaction is available from the Block, Grant Office)
B All acquisitions must go through real estate escrow The escrow agent must be a
neutral third party to the acquisition
C All acquisitions must have title insurance
D All acquisitions will need a notice of some kind. All occupants are entitled to
timely notice explaining whether or not they will be displaced
• Occupants to be displaced must be informed of their eligibility for
relocation assistance and the nature of the assistance
• Occupants not to be displaced must be informed of the terms and
conditions under which they may occupy the property upon completion of
the project
NOTICES
➢ General Information Notice (GIN)* Informs occupants of a possible project and
of their rights under URA Stresses that the household should not move at this
time
➢ Move -in Notice informs households moving into potential projects after the
application that may be displaced and that they will not be entitled to assistance
➢ Notice of Non - Displacement informs households who will remain in the project
after completion of the assisted activity of their rights and of the terms and
conditions of their remaining at the property
➢ Temporary Relocation Notice informs households who will be temporarily
relocated of their rights and of the conditions of their temporary move
➢ Notice of Eligibility informs households to be displaced of their rights and levels
of assistance under federal law
90 and 30 Day Notices informs displaced households of the day by which they
must vacate the property
PLANNING FOR RELOCATION UNDER URA
A Minimizing Displacement It is the policy of the Kitsap County and City of
Bremerton Community Development Block Grant (CDBG) and HOME Investment
Partnership (HOME) Programs to minimize displacement of people or
businesses as a result of activities assisted with CDBG or HOME funds This
means
a) Considering whether displacement will occur and how this would affect the
feasibility of the project
b) Identifying potential relocation workload and resources early
c) Assuring, whenever possible, that residential occupants of buildings to be
rehabilitated are offered an opportunity to return
d) Planning rehabilitation projects to include "staging" where this would
minimize displacement
B Relocation Assistance for Displaced Residents
Relocation is defined as the permanent movement of occupants /tenants,
required as a result of a CDBG or HOME activity Federal regulations require
that if any individuals, families, businesses or farms are displaced the
subrecipient must
a) Inform the person(s) that they may be displaced and generally
describe the relocation payment(s) for which they may be eligible, the
basic conditions of eligibility, and the procedures for obtaining
payment(s)
b) Inform the person that they will not be required to move without at least
90 days advance written notice and that the person to be displaced
cannot be required to move permanently unless at least one
comparable replacement dwelling unit has been made available
c) Inform the person that they will be given reasonable relocation
advisory services, including referrals to replacement properties, help in
filing payment claims, and other necessary assistance to help them
relocate.
d) Provide the person with a description of their right to appeal any
determinations for assistance under the Uniform Relocation and Real
Property Acquisition Act (49 CFR, Part 24).
e) Assure that those persons who are required to relocate receive their
full replacement housing payments, moving, and related expenses
C Rights of Residents who Remain in the Protect
a) Remaining Households must be offered affordable Housing
• Tenants who are intended to remain in the project must receive
the offer of a "suitable" unit which can be rented at an "affordable"
price Determining which tenants will be able to remain in the
project is a key component of determining the feasibility of an
occupied project
b) Temporary Relocation
• Residents who will remain in the project after rehabilitation may
be required to move temporarily during rehabilitation.
• The temporary dwelling must be suitable and decent, safe and
sanitary but not necessarily comparable.
• In addition to the Notice of Non - displacement, the resident must,
as a minimum, receive reasonable advance written notice of the
date and approximate duration of the planned temporary move,
information about the terms and conditions under which the
tenant will be returning to when the project is completed, and
reimbursement for all reasonable out -of- pocket expenses incurred
in connection with the temporary move
c) Permanent Moves Within the Project
• Tenants may be allowed to remain in a project after rehabilitation,
but not necessarily in the same unit.
• Permanent moves within the same project must be to suitable,
decent, safe and sanitary - but not necessarily comparable —
units
• In addition to the Notice of Non - displacement, the resident must,
as a minimum receive reasonable advance written notice of the
date of the planned move to an alternate unit and, reimbursement
for all reasonable out -of- pocket expenses incurred in connection
with the move
SECTION 104(d) - REPLACEMENT OF HOUSING
Section 104(d) of the Housing and Community Development Act of 1974 as amended
requires the one - for -one replacement of low /moderate income occupied or occupiable
dwelling units which are demolished or converted to a use other than low /moderate
income housing as a direct result of CDBG or HOME assistance Under this section
relocation assistance shall be provided in accordance with 24 CFR Part 42 350 One
for one replacement of units shall be provided in accordance with 24 CFR Part 42 375
All comparable replacement housing will be provided within one year prior to or three
years after commencement of the demolition or conversion Before entering into a
contract committing the County to provide funds for an activity that will directly result in
demolition or conversion, Kitsap County will require the applicant to publish a notice in
the newspaper, and Kitsap County will submit to HUD, the following information in
writing
1) Description of proposed assisted activity,
2) The address, number of bedrooms and map of location of the lower income
housing that will be lost as a result of the project,
3) Time schedule for start and completion of the demolition or conversion,
4) To the extent known, the address, number of bedrooms and map of the location
of replacement housing that has or will be provided If such data are not
available at the time of the general submission, Kitsap County will identify the
general location on an area map and information identifying the specific location
and number of dwelling units by size shall be submitted and disclosed to the
public as soon as it is available,
5) Basis for concluding replacement housing will remain a low- income unit for at
least 10 years from the date of initial occupancy,
6) Information demonstrating that any proposed replacement of housing units, that
are different in size from those units lost, is appropriate and consistent with
housing needs and priorities identified in the Consolidated Plan
DEFINITIONS
Comparable replacement dwelling unit: A unit that meets the criteria of 49 CFR
24 2(d)(1) through (6), and is available at a monthly cost for rent that does not exceed
the "Total Tenant Payment" determined under 24 CFR Part 42 813 107
Conversion: This term means altering a housing unit so that it is used for non - housing
purposes, used for housing but no longer meets the definition of lower income dwelling
unit, or used as an emergency shelter
Lower- Income Dwelling Unit: A dwelling unit with a market rent (including utility costs)
that does not exceed the applicable Fair Market Rent (FMR) for Section 8 existing
housing established under 24 CFR part 888 However, the term does not include any
unit that is owned and occupied by the same person before and after the assisted
rehabilitation
Vacant occupiable dwelling unit: a vacant dwelling unit that is in a standard condition,
vacant dwelling unit that is in a substandard condition but is suitable for rehabilitation, or
a dwelling unit in any condition that has been occupied (except by a squatter) at any
time within the period beginning 3 months before the date of execution of the agreement
by the recipient covering the rehabilitation or demolition.
Appendix G
Glossary
GLOSSARY
Administrative Expenses Those expenses directly associated with the recipient's
administration of a project or program, such as salaries, supplies, equipment, accounting,
phones, audits, benefits, travel and indirect costs
Affordability Affordability is achieved when a household's rent or mortgage payment, plus
utilities, does not exceed 30% of the monthly income for the targeted income group as adjusted
for household size
Annual Action Plan: This document allocates one year's funding to specific projects and
activities for the CDBG and HOME programs It is submitted annually to HUD, 45 days prior to
the start of the City's and County's fiscal year or no later than November 15 and is developed in
accordance with federal regulations (24 CFR Part 91)
Architectural Barriers Restrict mobility and accessibility of elderly or individuals with
disabilities
Benefit Criteria A CDBG activity must either principally benefit low or very low income
persons, reduce or prevent slums and blight or meet a recent urgent need These three
objectives are the Benefit Criteria
Cash Flow Gross income minus vacancy rate, operating expenses, reserves, debt service and
taxes
Grant Recommendation Committee (GRC) A group of eight citizens meeting specific
qualifications, who develop funding recommendations for approval by the Kitsap Regional
Coordinating Council (KRCC) and Bremerton City Council
Citizen Participation Plan: This plan is prepared to facilitate and encourage public
participation and involvement in the Consolidated Plan process and the City's and County's
CDBG and HOME program, especially by low- and moderate - income persons The plan
identifies the public participation requirements as identified by federal regulations (24 CFR Part
91)
Committed Funds Funds committed to a project by a project funding source The award
amount, terms and uses of the committed funds are documented in a letter to the applicant A
copy of this award letter is included with the application for CDBG /HOME funds
Conditional Funds Funds committed, with conditions, to a project by a project funding source
The conditions of the commitment, amount, terms, and uses are documented in a letter to the
applicant A copy of the letter is included with the application for CDBG /HOME funds
Consolidated Annual Performance Evaluation Report (CAPER): This document reports on
the progress in carrying out the Consolidated Plan and Annual Action Plan The report is
prepared annually by both the City and County in accordance with federal regulations (24 CFR
Part 91) It is due to HUD no later than 90 days after the end of the program year or March 31
Consolidated Plan: This document serves as the City's and County's application for CDBG
and HOME funds It sets forth the priorities and strategies to address the needs of primarily low -
and moderate - income persons and areas in the county It typically covers a five -year time
period It is submitted to HUD 45 days prior to the start of the program year or no later than
November 15 and is developed in accordance with federal regulations (24 CRF Part 91)
Consultant Fees Fees paid to a third party developer consultant for costs associated with
implementation of a project
Entitlement Community A local Jurisdiction that receives an allocation of Community
Development Block Grant funds directly from HUD All participating jurisdictions are entitlement
communities, however, not all entitlement communities are participating jurisdictions
Interlocal Agreement Agreements made to ensure the cooperation of units of local
government which form consortiums for the purpose of obtaining funding
Low- and Moderate - Income Households (LMI): These are households earning less than 80%
of the area median income (AMI) They are broken down into the following income designations
• Extremely Low - Income: households with incomes less than 30% of the area median
family income adjusted for household size
• Low - Income: households with incomes between 31 % and 50% of the area median
income, adjusted for household size
• Moderate - Income: households with incomes between 51 % and 80% of the area median
income, adjusted for household size
Low- and Moderate - Income Area Neighborhood (LMA): In general, this is defined as census
tracts or block groups where a minimum of 51 % of the residents have low or moderate incomes
(i a not exceeding 80% of the area median income)
Median Family Income: HUD releases income limits annually for its programs Income limits
are calculated using American Community Survey and Census data Data for Kitsap County is
based on the Bremerton - Silverdale Metropolitan Statistical Area (MSA) Incomes are indexed by
household size
Operatina Support Financial assistance used to supplement the day - to-day operations of a
project
Participating Jurisdiction This term refers to cities, counties and consortia which receive an
allocation of federal HOME funds directly from HUD
Program Year: The program year for both the County and City CDBG and HOME programs is
January 1 through December 31, which is the same as the County and City's fiscal year
Project Management Costs directly related to managing the project to the point of completion
normally paid to a third party
Proiect Soundness The feasibility, sensibility, and effectiveness of the project to meet a
defined community need and the organizational strength and capacity to bring the project to
completion
Proposed Funds Funds which have been or will be requested from a potential project funding
source
Relocation Expenses Those costs paid to households or businesses when temporary or
permanent relocation becomes necessary
Special Needs Housing Housing for special needs populations who require special housing -
related services This is also referred to as supportive housing
Special Needs Population This population of people includes elderly and frail elderly,
persons with mental, physical or developmental disabilities, persons with HIV /AIDS, persons
with alcohol or drug addiction, victims of domestic violence, persons discharged from institutions
(prison, dad, mental hospital, foster care)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 7A
■■ eeeseseeeeeeseeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeee
SUBJECT: Purchase and Sale Agreement Study Session Date 5/11/2011
with Bremerton Cinema, LLC (Buyer) and COUNCIL MEETING Date 5/18/2011
the City of Bremerton (Seller) for the Park Department Executive
Avenue Plaza cinema air space consisting of Presenter Gary Sexton
0,5001 sq ft Phone 360- 981 -1025
SUMMARY: The property which Bremerton Cinema, LLC agrees to buy is commonly known as the
Park Avenue Plaza cinema air space consisting of 30,5001 square feet, situated on real estate
located at Burwell Street and Park Avenue, Bremerton One of the contingencies of this Purchase
and Sale Agreement is the approval of City Council and Mayor of the Parking Lease Agreement
ATTACHMENTS: Purchase and Sale Agreement between the City of Bremerton (Seller) and
Bremerton Cinema, LLC (Buyer) for the property known as the Park Avenue Plaza cinema air space
FISCAL IMPACTS (Include Budgeted Amount) Total purchase price for the Property is
$500,000 00 Earnest Money (and partial payment) is $50,000 00
APPROVALS:
DEPARTMENT DIRECTOR �r 6 19Y
CITY ATTORNEY -
FINANCE DIRECTOR
7 V
RECOMMENDED MOTION: Move Lt the City approve the Purchase and Sale Agreement with
Bremerton Cinema, LLC (Buyer) for the Park Avenue Plaza cinema air space and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented
STUDY SESSION ACTION: ❑ Cons t Age da ( General Business ❑ Public Hearing
COUNCIL PRESIDENT ,
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ able ❑ Continue ❑ No Action
Form Updated 4/18/2011
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This agreement controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OF BREMERTON, a Washington
municipal corporation ( "Seller "), and BREMERTON CINEMA, LLC, a limited liability
corporation Buyer "), for the sale and purchase of real property as follows:
1. PROPERTY. The property which Buyer agrees to buy and Seller agrees to sell,
is commonly known as the Park Avenue Plaza cinema air space consisting of 30,500 square feet
f, situated on real estate located at Burwell Street and Park Avenue, Bremerton, Washington (the
"Property"), and which Property is legally described in Exhibit A, attached hereto and
incorporated herein by this reference. A map indicating the location of the Property is also
attached as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY Received from Buyer, FIFTY THOUSAND AND
NO /100 DOLLARS ($50,000.00) as earnest money and part payment on the purchase price for
the Property.
3. PURCHASE PRICE. The total purchase price for the Property is FIVE
HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00), including earnest money,
payable on closing
4. CONTINGENCIES. This agreement is contingent upon.
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing
(c) Substantial completion of the Park Avenue Plaza Parking Garage.
(d) City Council approval of the Parking Lease Agreement synonymously
with the signing of this real estate purchase and sale agreement
Should any of these contingencies not be met within 120 days from the date of
mutual acceptance of this Agreement, then this Agreement shall terminate and neither Buyer nor
Seller shall have any further rights, duties or obligations hereunder, except that the Earnest
Money held in escrow shall be immediately returned to Buyer
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company,
whose address and telephone number is 9657 Levin Road NW, Silverdale, WA 98383; 360 -692-
2233 to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the
1
Bremerton Cinema Purchase
& Sale Agreement
total purchase price of the Property The cost of this policy shall be paid from Seller's funds at
Closing If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the
increased costs associated with that policy including the excess premium over that charged for a
standard coverage policy, and the cost of any survey required by the title insurer For purposes of
this Agreement, the following shall not be deemed encumbrances or defects rights reserved and
federal patents or state deeds, building or use restrictions consistent with current zoning, and
utility and road easements of record If title cannot be made so insurable prior to the Closing
date called for herein, unless, Buyer elects to waive such defects or encumbrances, this
agreement shall terminate
7. CLOSING COSTS AND PRO - RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal
Regulation Seller shall pay for excise tax and revenue stamps as applicable Taxes for the
current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and
other utility charges, if any, shall be pro -rated as of date of closing unless otherwise agreed
8. CLOSING OF THE SALE. With the understanding that time is of the essence
for this agreement, this sale shall be closed by 30 days after substantial completion of the Park
Avenue Plaza Parking Garage which shall also be the termination date of this agreement unless
said closing date is extended in writing by mutual agreement of the parties When notified, the
Buyer and Seller will deposit, without delay, in escrow with Land Title Company all instruments
and monies required to complete the transaction in accordance with this agreement Closing, for
the purpose of this agreement, is defined as the date that all documents are executed and the sale
proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void
10. POSSESSION. Buyer shall be entitled to possession on closing
11. SELLER'S REPRESENTATIONS. Seller represents that
(a) Seller will maintain the Property in present or better condition until time
of agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
violation of laws relating to the Property, and
(c) The Property is not encumbered by any leases
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no
representations as to the environmental condition of the property This provision shall survive
closing
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall
be limited to damages against Buyer in the liquidated amount of the earnest money previously
2
Bremerton Cinema Purchase
& Sale Agreement
paid the Buyer Buyer and Seller intend that said amount constitutes liquidated damages so as to
avoid other costs and expenses to either party in connection with potential litigation on account
of Buyers' default Buyer and Seller believe said amount to be a fair estimate of actual damages
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees
14. NOTICE TO BUYER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Seller makes no warranty or representation of any kind that
this form, or any of its provisions, is intended to meet the factual and legal requirements of a
particular transaction, or that it accurately reflects that laws of the State of Washington at the
time you enter the agreement This agreement has significant legal and financial consequences
By signing this agreement, Buyer acknowledges that Buyer has or has had the opportunity to
consult with an attorney regarding Buyers rights and obligations in this agreement
15. BROKERS FEES /COMMISSIONS. Buyer agrees to indemnify, defend and
hold harmless Seller with respect to any claim by any person or entity claiming through Buyer to
be entitled to a commission with respect to the transaction contemplated by this agreement
16. NON - MERGER The terms, conditions, and provisions of this Agreement shall
not be deemed merged into the deed, and shall survive the Closing and continue in full force and
effect
17. NOTICES All notices required or permitted to be given hereunder shall be in
writing and shall be sent U S certified mail, return receipt requested, or by facsimile
transmission addressed as set forth below
(a) All notices to be given to Seller shall be addressed as follows
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337 -1873
(b) All notices to be given to Buyer shall be addressed as follows
James Blissett
Bremerton Cinema, LLC
2303 West Commodore Way, Suite 205
Seattle, WA 98199
i
Either party hereto may, by written notice to the other, designate such other
address for the giving of notices as being necessary All notices shall be deemed given on the
day such notice is personally served, or on the date of the facsimile transmission, or on the third
3
Bremerton Cinema Purchase
& Sale Agreement
i
day following the day such notice is mailed in accordance with this paragraph
18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer There have been no verbal or other
agreements that modify this agreement
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns, and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below
21. EXPIRATION OF OFFER. Buyer shall have only until 5 00 p m on
, to accept the purchase and sale agreement as written, by
delivering a signed copy thereof to the Seller or the Seller's agent If Buyer does not so deliver a
signed copy within said period, this agreement shall lapse and all right of the parties hereunder
shall terminate
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth below
SELLER: BUYER:
THE CITY OF BREMERTON BREMERTON CINEMA, LLC
By By
Patty Lent, Mayor Its
Dated. Dated
By
Its
Dated
P \CiviffILES\Park Avenue Plaza\REPSA- BremertonCmema doc
4
Bremerton Cinema Purchase
& Sale Agreement
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 78
SUBJECT: Lease Agreement with Study Session Date 5/11/11
Bremerton Cinema, LLC for parking spaces COUNCIL MEETING Date 5/18/11
in the Park Avenue Plaza Garage Department Executive
Presenter Gary Sexton
Phone 360- 981 -1025
SUMMARY: A three year lease with five three year options with Bremerton Cinema, LLC (Lessee)
for parking in the Park Avenue Plaza Garage for theater attendance and associated caf6 on Park
Avenue The lease includes approximately 200 spaces at varying time of day /day of the week/month
of the year as detailed in the Agreement.
ATTACHMENTS: Lease Agreement W
FISCAL IMPACTS (Include Budgeted Amount) Lessee shall pay to the City a monthly payment of
$3 1 300 00 plus an additional fee based on ticket sales, as defined in the lease
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR -
RECOMMENDED MOTION: Move that the City approve the Lease Agreement with Bremerton
Cinema, LLC for parking in the Park Avenue Plaza Garage and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented
STUDY SESSION ACTION: ❑ C ent A enda General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action
Forth Updated 4/18/2011
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease ") is between the CITY of
BREMERTON, a municipal corporation of the State of Washington, with offices located at 345
6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter "City"), and Bremerton
Cinema, LLC (hereinafter "Lessee ").
RECITALS
WHEREAS, the City now owns certain land legally described in Exhibit A; and
WHEREAS, it is the parties' desire to enter into a three (3) year lease with five three year
options; and
NOW, THEREFORE, the City and Lessee agree as follows:
AGREEMENT
1. PROPERTY.
1.1 Property Defined The City leases to Lessee and Lessee leases from the City the
fifty (50) full time parking spaces in the Park Avenue Plaza garage year around, an additional
fifty (50) parking spaces, 24 hours a day for all Fridays in May, June 1 st through August 15th and
November 18 through January 1 St and further a sum total combined 200 parking spaces during
the week from 5.00 PM to 2:00 AM and Saturdays and Sundays from 10.00 AM to 2:00 AM the
next morning. A site plan is attached hereto as Exhibit B. The specific location of the parking
spaces shall be mutually agreed between the parties and may be changed as thereafter agreed by
site plan modifications
12 Survey, Maps, and Plans Lessee is not relying upon and the City is not making
any representations about any survey, plat, diagram, and/or legal description provided by the
City.
2. USE.
21 Permitted Use Lessee shall use the Property for Theater attendance and activities
and associated cafd on Park Avenue (the "Permitted Use ") and for no other business or purpose,
without the prior written consent of the City. The Property shall not be used for illegal purposes.
It is agreed that this lease shall not be construed as the City's waiver of land use or building code
provisions that would otherwise apply to any improvements or uses of the site.
2.2 Conformance with Laws Lessee shall, at all times, keep current and comply with
all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes,
and other government rules and regulations regarding its use or occupancy of the Property
2.3 Liens and Encumbrances Lessee shall keep the Property free and clear of any
liens and encumbrances ansing out of or relating to its use or occupancy of the Property
3. ADDITIONAL CONDITIONS: The City shall maintain parking to those street parking
areas substantially in accordance with the intent and location set out in Exhibit C, most
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particularly allowing three hour free parking in those outlined areas after 5.00 PM week days and
all day week ends. This is a condition of the initial term and reviewed upon exercise of any lease
renewal option.
4. TERM.
4.1 Term Defined The term of this Lease is three (3) years (the "Term "), beginning
on the 1 st day of April, 2012 or upon issuance of certificate of occupancy, whichever is later (the
"Commencement Date "), and ending on the 31 st day of March, 2015 or three years after the
issuance of the certificate of occupancy, whichever is later (the "Termination Date "), unless
terminated sooner under the terms of this Lease.
4.2 Option to Extend. Lessee shall have the option of extending this lease for up to
five (5) additional three (3) year terms upon delivering written notice to the City sixty (60) days
prior to the expiration of the term subject to the City and Lessee mutually agreeing upon a new
lease payment for each option as defined in section 5.4.
4.3 End of Term Upon the expiration or termination of the Tenn, as applicable,
Lessee shall surrender the Property to the City as existed on the Commencement Date, reasonable
wear and tear excepted.
4.4 Hold Over If Lessee remains in possession of the Property after the Termination
Date, the occupancy shall not constitute an extension or renewal of the Term. The occupancy
shall be a month -to -month tenancy, on terms identical to the terms of this Lease, which may be
terminated by either party on thirty (30) days written notice. The monthly rent during the
holdover shall be the same rent which would be due if the Lease were still in effect and all
adjustments in rent were made in accordance with its terms. If the City provides a notice to
vacate the Property in anticipation of the termination of this Lease or at any time after the
Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee
shall be a trespasser and shall owe the City all amounts due under applicable law
5. LEASE PAYMENT.
5.1 Monthly Pa ent Lessee shall pay to the City a mmimum monthly payment of
$3,300. The first installment shall be due and payable on or before the Commencement Date,
and subsequent installments shall be due and payable on or before the same day of each month
thereafter
5.2 Annual Reconciliation and Payment. Lessee shall pay an additional annual fee
based on total attendance over the one year period. The annual fee shall be calculated as follows:
$24,000 base fee
Plus additional fees for annual attendance over 104,000 of:
104,001 — 130,000 = $.05 /ticket
130,001 - 260,000 = $ 08 /ticket
260,001 — 390,000 = $.10 /ticket
390,001 and up = $.19 /ticket
Less- Less minimum monthly payments from 5.1 above.
The annual reconciliation and installment shall be due and payable within 30 calendar
days following the conclusion of each one year period, based on the Commencement Date
53 Payment Place Payment is to be made to the City of Bremerton, Attn. Financial
Services, 345 6 Street, Suite 600, Bremerton, Washington 98337.
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53 Rate Increase At the end of the first term, the monthly fee and fee per ticket shall
increase by a percentage equal to the percentage increase (if any) average ticket sale price over
the third year of the initial term for regular customer prices compared to the average ticket sale
price at the over the first year of the term. Each lease term extension shall have the monthly fee
and fee per ticket increase at a rate using the same formula for the expiring term.
6. LATE PAYMENTS AND OTHER CHARGES.
6.1 Late Charge If any rental payment is not received by the City within (10) days of
the date due, Lessee shall pay to the City a late charge equal to one percent (1%) per month of the
amount of the lease until the delinquency is paid.
7. ASSIGNMENT AND SUBLETTING.
71 City Consent Required Lessee shall not sell, convey, mortgage, assign, pledge,
sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the
Property without the City's prior written consent, which may not be unreasonably withheld by the
City. In the event of such consent, each permitted transferee shall assume all obligations under
this Lease, including the payment of rent. No assignment, sublet, or transfer shall release,
discharge, or otherwise affect the liability of Lessee.
72 Rent Payments Following Assignment The acceptance by the City of the
payment of rent following an assignment or other transfer shall not constitute consent to any
assignment or transfer.
8. INDEMNIFICATION.
8.1 Each party shall indemnify, defend, and hold the other party harmless for its acts,
omissions or negligence relating to its performance of this Lease Agreement.
9. INSURANCE.
91 General Commercial Liability Insurance Lessee agrees to procure and maintain
in force during the term of this Lease and any extension thereof, at its expense, general
commercial general liability insurance. This insurance shall be in a minimum amount of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage which may be covered under a blanket policy. Lessee
agrees that, if such insurance policies are not kept in force during the term of this Lease and any
extension thereof, the City may procure the necessary insurance, pay the premium therefor, and
that such premium shall be repaid to the City on demand. The City shall be named as an
additional insured as to liability arising out of the Property and buildings thereon and the
insurance of Lessee shall be the primary insurance as to said liability.
9.2 Certificate of Insurance Lessee shall provide to the City documentary evidence,
certified by the insurer, of all insurance(s) required in this Lease.
93 Subrogation The City shall not be liable to Lessee (by way of subrogation or
otherwise) or to any insurance company insuring the other party for any loss or damage to any
building, structure, or other tangible property, or any resulting loss of income, or losses under
worker's compensation laws and benefits, if any such loss or damage is covered by insurance
benefiting the party suffering such loss or damage or was required to be covered by insurance
pursuant to this Lease Lessee shall, upon obtaining the policies of insurance required give
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notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
10. DAMAGE OR DESTRUCTION.
10.1 In the event of any damage to or destruction of the Property or any improvements,
Lessee shall promptly give written notice to the City.
11. DEFAULT AND REMEDIES.
11.1 Acts Constituting Default Lessee shall be in default of this Lease on the
occurrence of any of the following.
(a) Failure to pay Rent or other expenses when due;
(b) Failure to comply with any law, regulation, policy, or order of any lawful
governmental authority;
(c) Failure to comply with any other provision of this Lease;
(d) Failure to cure a default pursuant to Section 11.2 below; or
(e) Proceedings are commenced by or against Lessee under any bankruptcy
act or for the appointment of a trustee or receiver of Lessees' property.
11.2 Failure to Cure A default shall become an event of default ( "Event of Default ") if
Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written
notice of default, which specifies the nature of the default
11.3 Cm's Remedies Upon Default Upon an Event of Default and Failure to Cure as
defined in 11.2, the City may terminate this Lease.
12. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time:
The City: City of Bremerton
Attn:
345 6 th Street, Suite 600
Bremerton, Washington 98337
Lessee Bremerton Cinema, LLC
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
13. MISCELLANEOUS.
j 13.1 Author . Lessee and the person or persons executing this Lease on behalf of
i Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee
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has full right and authority to enter into this Lease, and that each and every person signing on
behalf of Lessee is authorized to do so.
13.2 Successors and Assigns This Lease shall be binding upon and inure to the benefit
of the parties, their successors and assigns.
133 Entire Agreement This Lease, including the exhibits and addenda, if any,
contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any, are
merged into this Lease.
13.4 Waiver The waiver by the City of any breach or default of any term, covenant, or
condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition;
of any subsequent breach or default of the same; or of any other term, covenant, or condition of
this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of
any preceding or existing breach other than the failure to pay the particular rental payment that
was accepted.
13.5 Cumulative Remedies The rights and remedies of the City under this Lease are
cumulative and in addition to all other rights and remedies afforded to the City by law or equity
or otherwise.
13 6 Time is of the Essence TIME IS OF THE ESSENCE as to each and every
provision of this Lease.
13.7 Invalidi . If any provision of this Lease shall prove to be invalid, void, or illegal,
it shall in no way affect, impair, or invalidate any other provision of this Lease.
13.8 Applicable Law and Venue This Lease shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded. Venue for any action ansing out
of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington.
13.9 Modification Any modification of this Lease must be in writing and signed by
the parties. The City shall not be bound by any oral representations or statements.
13 10 Survival of Covenants The covenants contained herein survive the termination or
expiration of the Lease for the applicable statute of limitation periods.
13 11 Quiet Enjoyment The City covenants and agrees that Lessee, upon performing
the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said
term without any interruption by the City, its successors or assigns. City will use its best efforts
not to interfere with Lessee's business or right of access to and from the Property during the term
of this Lease.
13.12 Recording of Short Form Lease Neither the City nor Lessee may record this
Lease without the other's prior approval, but the parties will at any time at the request of either
party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this lease, setting forth a description of the Property, the terms of this
lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded.
13 13. Duplicate Originals This Lease Agreement may be executed in duplicate
originals
THIS AGREEMENT requires the signature of all parties and is executed as of the date
of the last signature below.
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CITY OF BREMERTON BREMERTON CINEMA, LLC
By: Patty Lent By:
Its: Mayor Its:
Date: Date:
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Patty Lent is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to
be the free and voluntary act of such City for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this day of , 20_.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and acknowledged that (s)he signed this instrument, on oath
stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument
WITNESSETH my hand and seal this day of , 20
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 7C
■■ eeeeeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeee
SUBJECT: Resolution No Study Session Date 05/11/11
Authorization of an Interfund Loan to the COUNCIL MEETING Date 05/18/11
General Fund from the Equipment Rental Department Finance
Reserve fund and approving a budget Presenter Becky Hasart
adjustment to the General Fund Phone 473 -5722
SUMMARY: The City Council, during its meeting of May 11, 2011, approved a settlement
agreement with Kitsap County and Housing Kitsap authorizing payment to Housing Kitsap in the
amount of $1,150,000 no later than June 1, 2011 in full settlement of the County and Housing
Kitsap's claim against the City under the City Contingent Loan Resources with which to repay the
settlement in full are not presently available in the General Fund requiring that the settlement amount
be financed over time The least cost financing alternative is a loan from another city fund It has
been determined that the Equipment Rental Reserve fund has adequate surplus cash to loan
Repayment of the loan would be over a ten year period at an interest rate that reflects the return on
municipal investments The resolution also provides for an increase to the General Fund 2011
expenditure budget in the amount of $1,150,000 to provide for the payment of the settlement amount
ATTACHMENTS: Resolution No 314 10
FISCAL IMPACTS (Include Budgeted Amount) Based on the terms of the loan as presented in the
resolution
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY r
FINANCE DIRECTOR
RECOMM ENDED MOTION:
J I move that the settlement payment of $1.15 million to Housing -
Kitsap approved on May 11, 2011 constitutes a financial
emergency due to the city's lack of unbudgeted liquid funds
available prior to June 1, 2011 and further move to authorize
payment of such from the Contingency Reserve Fund.
STUDY SESSION ACTION: ❑ Co ent Agend X General Btasiness , U Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny �able on tinue ❑ No Action
Form Updated 4/18/2011
RESOLUTION NO. 314
A RESOLUTION, of the City Council of the City of
Bremerton, Washington, authorizing an Inter -fund Loan to the
General Fund from the Equipment Rental Equipment Reserve
Fund and approving a budget adjustment to the City's General
Fund Budget
WHEREAS, the City Council, during its meeting of May 11, 2011, approved a
settlement agreement with Kitsap County and Housing Kitsap authorizing payment to Housing
Kitsap in the amount of $1,150,000 no later than June 1, 2011 in full settlement of the County
and Housing Krtsap's claim against the City under the City Contingent Loan, said settlement
agreement ( "Agreement ") is hereby incorporated as if set forth in full herein, and
WHEREAS, surplus cash is presently available in the Equipment Rental Reserve
Fund to provide an inter -fund loan to pay the amount due pursuant to the Agreement, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. Loan Authorized The Finance Officer is hereby authorized and
directed to make an inter -fund loan from the Equipment Rental Reserve Fund to the General
Fund in the amount of $1,150,000 to pay to Housing Kitsap pursuant to the Agreement
Loan shall bear interest at the rate of 10% per annum during the first two years Principal
payments in the amount of One Hundred Fifteen Thousand Dollars ($115,000) or more are
payable annually commencing May 30, 2012 Interest will be based on the outstanding principal
at the time of payment Principal may be prepaid at any time without penalty After two years,
and every two (2) years thereafter, interest will be recalculated to reflect current returns on
municipal investments This loan shall be repaid not later than June 1, 2021
SECTION 2. Budget Ad
tustment A budget adjustment to the City of
Bremerton's General Fund budget is hereby approved to authorize payment to Housing Kitsap
pursuant to the Agreement
SECTION 3. Severability If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2011
1
Inter fund Loan
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \ Legal \Legal\Resolutions\Finance\201 I- Interfund Loan- HousmgKitsapCLA doc
2
Inter- und Loan