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Home My WebLink About07/20/2016 AGENDA r r;----------- • ` i � j I. � � j � :: i i � i I � :." � �. I �.._._.___..._..............'1 CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 J U LY 20, 2016 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 to 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in the FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. POLICE OATH OF OFFICE CEREMONY— Municipal Court Judge James Docter A. Swearing-In & Promotion for Police Officer Randy Plumb to the Rank of Lieutenant 4. MAYOR'S REPORT 5. POLICE DEPARTMENT BRIEFING —Police Chief Steven Strachan 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —July 6, 2016 C. Minutes of Study Session —July 13, 2016 D. Contract with Kitsap County Human Services Department to provide Crisis Intervention/Triage Training to Commissioned Law Enforcement Officers and for the Purchase of Tablets E. Resolution No. 3273 approving Phase 2 of the Bayside Final Plat located off of Anderson Hill Rd F. Purchase Agreement with Trebron Company, Inc. to Upgrade and Replace the City of Bremerton's Main Firewall with Saphos SG 450 G. Contract with Fields Roof Service, Inc. for the Police Facility East Section Roof Replacement H. Resolution No. 3274 authorizing the Mayor to make a formal Application to the Salmon Recovery Funding Board (SRFB) for Grant Assistance for Northlake Way I. Resolution No. 3275 authorizing the Mayor to make a formal Application to the Salmon Recovery Funding Board (SRFB) for Grant Assistance for Parish Creek J. Professional Services Agreement with Parametrix for the Ostrich Bay Creek Retrofit Plan Design Project K. Contract with AES Consultants, Inc. for Outfall Surveys to meet Department of Natural Resources Permit Renewal Requirements L. Purchase Agreement with North Coast Electric for two (2) Allen-Bradley 200 H.P. Variable Frequency Drives for Pump Station CE-4 M. Energy Efficiency Grant from the Department of Commerce for the Puget Sound Energy (PSE) Street Light LED Retrofit Project . N. Memorandum of Understanding and Updated Air Rights Easement granted to 606 Lorax, LLC Continued on back... 8. PUBLIC HEARINGS A. Public Hearing for the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) 9. GENERAL BUSINESS . A. Amendment No. 2 to the Professional Services Agreement with Imperial Parking (ImPark) B. 2017 Community Development Block Grant (CDBG) Funding Process; and Release of Policy Plan and Notice of Funding Availability (NOFA) 10. COUNCIL MEMBER REPORTS 11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Act(ADA)accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360)473-5323 at least 24 hours prior to the Meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD 4 `e, � " �� c� '�.�'� �` °"l� � GI —T � Ci vr U l�o I� �Ol�r'� �Gx' �- e arv�r� w �ti'� � �,rn.�� I I r Q�3� �h2i1��1 I►� f� �� ' REQUESTS FOIZ INFORMATION MUST BE SUBMITTED IN WRITING TO T�iE CLERK THANK YOU oA�rH oF oF��cE � LIEUTENAN'T' PROMO'T'ION STATE OF WASHINGTON COUNTY OF KITSAP I, Randy Plumb solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; _ That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the newly promoted position of Police Lieutenant, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. Randy Plumb Subscribed and swor o b ore me 20th day of JULY, 2016. Sign ure of Official Administe ' he Oath Br erton Municipal Court Judge James Docter 2016 PSE . PUGET Swee s Cam pa� n � sov�o p J ENERGY � � ' PSE in your community I � I t • Puget Sound Energy is Washington state's oldest local energy utility. • Serving 1 .1 million electric ��- customers and more than '�� -"� � __ _ � � � 790,000 natural gas �� - � �� + customers. � , � f , � � �� , � � � ' ` � PSE's focuses on safe, �� `�� ,,� , 1 reliable and affordable energy , - - � service. � J �f�1 ` � PSE is committed to engagin:g � _ ;�-, �� -� ,�� ,� - � I and educating its customers to ' - �� %'�� ' � become more energy-effici��e��n�t. j - ..� � _ , � �`� � � � ``� �`°�� As a leader in energy � � � ' �� -'��°� �.�� efficiency, PSE has helped its � � � � �"� - � ,- , . _ , _-_..__ � � customers save more energy � � r-. � -�- � � v- -�� T�-1 than any other Northwest ��, �� utility. t-� ' 4� • The company's commitment to . serving communities and to � helping make them better ; places to Iive and work is as � `�� ; steadfast as ever. , ; i • PSE continues to be locally managed and operated. ! � � Pfv� ° SOUND ENERGY � 2 I � I � • � � • _ - � 1 • . • 1 ' • - • , • � �SOUND . � , .. . � I. � � � �. � ENFRGY �{� 3 . - - . . . . . Get a FREE u ., - - - - - � LED light bulb! � . '� _ . - - - - � � . - . - . . . . - . . . . - - • . . . Easy �ips to shrink your energy biil: �� • �i Swap ou[uiefficient light Fwltu �',�� QQ Upgrade your home's heating system,w'uxbw,and i�tvulotion ' � ' � � QQ Instell a smart thermostat to keep tabs ai lhe temp � � / � � Rec cle en old en ience * O v �sr-��s aad� �s Sgn up for a free home energy assPssment �� . � � � � F . ` � � �.� � , � � - - - � � ��• :� I. ,. -- k ��"y�.�.�.— �� f l — \ l � � 1 f � I� I � ' � PSE • ► BREM ERTON/MAN ETTE SWEEPS Door-to-door outreach: R, �v.'�'�:� . y � .�. '�.4Yz' . ., �- "d. ; �. �r��i�_;.- • PSE's team of 7 outreach �l�a��=�Q: n '�. - ��;�a. , - ;�,-.• ";�,-f ..• .�a.: ��,�.� } .;�. L��V � � e ew i�'r'�ii�� • . staffers will deliver the free �.� �� ,�� ;��:;_ ��; ,;��" ' � in Bremerton/Manette July 25 - ` �� '� � ,�,` � � `.,��' �. ';�„� �.�.. "�:., ,r . . 29 � �,, � �= h-f r • During the outreach, _ �.� ��- : _ ? Bremerton/Manette residents will � �� - - �� - �� ``� � �'�� = �� . :- �l. h��.aY. •.7 '� +a . et the o ortunit to learn more � �"' �#��-� 9 Pp Y .e�.� ,.��;._ about how to becorr�e more ' : ; ! ifr � I� energy-efficient and how to . .� shrink their energy bills � , , • A-frames and bright yellow t- �-P� �� - �� - ♦�� ':\' �(�r�'.y'E ��•�: shirts will let the residents know ��- � .�-� � � PSE is in their community _ � •i ��. PUGET ' SOUND ENERGY I 4 What we' re ho i n to ach ieve � p g • Even small upgrades can have a big irnpact! • !f every customer in Bremerton/Manette replaces their five most � used incandescent light bulbs with an energy-efficient LED, they could save up to $60 per year on their energy bill! . � • � . . . . � . . - . -• . • - • . - pucEr ' SOUND � E11lfRGY I 5 I PU�ET Thank You . � So��D ENERGY C,�� s�►�yly�ua Bremerton City Council 345 6th St. Suite 600 Bremerton, WA 98337 July 8, 2016 . Dear Council Members, I am writing to follow up on our presentation at your June 15th meeting. At that session we reviewed the barriers to employment and housing facing those with a criminal history. These barriers also harm the families of the formerly-incarcerated, and, as data sho�v, lead to increased rates of recidivism. We appreciated your understanding of our concerns, and ��vould ask that you implement hiring and housing policies that will relieve our community of these burdens. To that end, I am attaching a proposed City of Bremerton Resolution entitled, "Building Safe and Strong Communities through Successful Reentry." Very similar language is contained in Governor Inslee's Executive Order of Apri126, 2016. [ am also attaching language from the City of Seattle Job Assistance Ordinance which we propose the City of Bremerton consider in drafting a City of Bremerton "Ban the Box" ordinance. Please feel free to contact me if you have further questions or need additional resources to move these issues forward. We appreciate your service to the residents of Bremerton. Respectfully, � ��y��Yl� � Tarra Simmons, RN, BSN JD Candidate, May 2017 Seattle University School of Law Civil Survival, Kitsap County Director PROPOSED CITY OF BREMERTON RESOLUTION BUILDING SAFE AND STRONG COMMUNITIES THROUGH SUCCESSFUL REENTRY WI-IEREAS,the purpose of adult corrections and juvenile rehabilitation is to improve public safety by holding those who commit crimes accountable while also rehabilitating these individuals to reduce recidivism; WHEREAS, it is the county's responsibility, once an individual has been sentenced to an adult correctional facility or juvenile residential facility, to ensure that those facilities are secure and humane while also providing treatment, programming, and opportunities that will ultimately reduce the likelihood that those individuals wiil harm future victims when they return to their communities; WHEREAS, in Kitsap County appruximately: • 8,000 adults are released from the county jail every year; WHEREAS, employment following incarceration reduces the likelihood of an individual reoffending and the state has set a Results Washington goal of increasing six- month post- incarceration employment from 30%to 40% by 2017; WHEREAS, individuals with criminal records face pervasive obstacles in many areas of life that hinder their ability to successfully reintegrate, including obstacles relating to employment, education, housing, and eligibility for many social service benefits; WHEREAS,the collateral consequences of incarceration disproportionately affect communities of color; WHER�AS, in its recent guidance manuals, the Equal Employment Opportunity Commission endorsed, as a best practice, eliminating policies or practices that exclude people from employment based on any criminal record, and the Obama Administration's Mv Brother's Keeper Task Force endorsed hiring practices that give applicants a fair chance and allow employers the opportunity to judge individual job candidates on their merits; WHEREAS, a "Ban the Box" policy is intended to improve public safety, by providing individuals with criminal records a better opportunity to reintegrate in society, receive skill development and training, and support themselves and their families; WHEREAS, the state of Washington has already eliminated from the standard state employment application the "box"requiring an applicant to disclose whether or not she or he has been arrested or convicted of a crime; WHEREAS, the City encourages offering increased employment opportunities for applicants with past criminal records by identifying additional barriers in the application process that disallow otherwise qualified candidates to explain their individual circumstances tu potential employers; WHEREAS,the City created a re-entry taskforce and are currently partnering with, non- profits, faith communities, labor organizations, and businesses to support and increase opportunities for those reentering their communities; WHEREAS, the Washington State Legislature has recognized the importance of successful transitions from incarceration, most recently by creating a Certificate of Restoration of Opportunity program (CROP) that removes barriers for individuals who have demonstrated that they successfully reintegrated in their communities, and also by launching a statewide reentry council to develop collaborative and cooperative relationships between the criminal justice system, victims and their families, impacted individuals and their families, and service providers, in order to i►nprove public safety and outcomes for people reentering their communities; and W�IEREAS, further actions by local governments to support successful reentry into the workforce following incarceration will bolster the City of Bremerton's reputation as an ideal place to do business by bolstering qualified applicant pools and improving the likelihood that an employer will identify committed and prepared candidates for its workforce. NOW THEREFORE, We, the Bremerton City Council, direct Bremerton city agencies to implement further hiring policies intended to encourage ful] workforce participation of motivated and qualified persons with criminal histories in order to improve public safety by reducing recidivism and help repair and rebuild families and communities impacted by incarceration. We hereby direct these departments to engage in the directives below with a goal of substantial compliance by January 1, 2017. By October l, 2016, they shall also submit to our office any additional barriers that they identify that may be addressed through future executive and legislative actions. DESIRED OUTCOME We want to prohibit employers from asking about arrest or conviction history until an offer of employment is extended but then allowing a background check. Below is the City of Seattle's Rules for Job Assistance Ordinance which we propose the county look to for guidance. Seattle Office for Civil Rights Rules Chapter 80 Practices for administering Use of Criminal History in Employment Decisions under SMC 14.17 General Provisions SHRR 80-001 Definitions SHRR 80-010 Effect on other laws SHRR 80-020 Practice where rules do not govern SHRR 80-030 Construction of rules Employee SHRR 80-040 Substantial part of services in Seattle SHRR 80-050 Exempt employees Employer SHRR 80-060 Advertisements, publications and policies Legitimate Business Reason SHRR 80-070 Good faith belief SHRR 80-080 Verifiable information Employer's Process SHRR 80-090 Initial screening SHRR 80-100 Criminal background check SHRR 80-1 ]0 Notice to employee or applicant SHRR 80-120 Reasonable opportunity Retaliation Prohibited SHRR 80-130 Individual and third party protection Enforcement SHRR 80-140 Extension of implementation date GENERAL PROVISIONS SHRR 80-001 Definitions • "Agency" means the Seattle Office for Civil Rights. • "Arrest record" means information indicating that a person has been apprehended, detained, taken into custody, held for investigation or restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime. It shall include adult and juvenile arrest records. • "City" means the City of Seattle. • "Charging party" means a person who files an Agency charge claiming s/he was aggrieved by an alleged violation of this chapter. • "Commission" means the Seattle Human Rights Commission. • "Conviction record" and "Criminal history record information" mean information regarding a i-inal criminal adjudication or other criminal disposition adverse to the subject, including a verdict of guilty, a finding of guilty, or a plea of guilty or nolo contendere, consistent with RCW 10.97. • The terms include adult and juvenile conviction records and criminal history record information. • "Conviction record" includes convictions for offenses for which the defendant received a deferred or suspended sentence, unless the adverse disposition has been vacated or expunged. • "Conviction record" does not include any prior conviction that has been the subject of an expungement, vacation of conviction, sealing of the court file, pardon, annulment, certificate of rehabilitation or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a prior conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. • "Criminal background check" means requesting or attempting to obtain,directly or through an agent, an individual's conviction record or criminal history record information from the Washington State Patrol or any other source that compiles and maintains such records or information. • "Director" means the Director of the Office for Civil Rights. • "Employee" • In general. "Employee" shall mean any individual who perfonns any services for an employer, when the physical location of such services is in whole or in substantial part (at least 50% of the time)within the City. . • Job duties. "Employee" does not include an individual whose job duties or prospective job duties include law enforcement, policing, crime prevention, security, criminal justice, or private investigation services. • Unsupervised access. "Employee" does not include an individual who will or may have unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment. • "Employer" • In general. "Employer" shall mean any person who has one or more employees, the employer's designee or any person acting in the interest of the employer. • Agencies. For purposes of this chapter, "employer" includes job placement, referral and employment agencies. • Government. "Employer"does not include any of the following: • The United States government; • The State of Washington, including any oftice, department, agency, authority, institution, association, society or other body of the state, including the legislature and the judiciary; • Any county or local government other than the City. • "Job applicant" means any individual whu applies or is otherwise a candidate to become an employee, as defined in this Chapter. • A "legitimate business reason" exists where,based on information known to the employer at the time the employment decision is made,the employer believes in good faith that the nature of the criminal conduct underlying the conviction or the pending criminal charge either: • Will have a negative impact on the employee's or applicant's fitness or ability to perform the position sought or held; or • Will hann or cause injury to people,property, business reputation or business assets; and • The employer has considered the following factors: • The seriousness of the underlying criminal conviction or pending criminal charge; and • The number and types of convictions or pending crimina] charges; and • The time that has elapsed since the conviction or pending criminal charge, excluding periods of incarceration; and • Any verifiable information related to the individual's rehabilitation or good conduct,provided by the individual; and • The specific duties and responsibilities of the position sought or held; and • The place and manner in which the position will be performed. . • "Pending criminal charge" means an existing accusation that an individual has committed a crime, lodged by a law enforcement agency or military authority through an indictment, infonnation, complaint or other forn�al charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal or withdrawal. lt includes adult and juvenile pending criminal charges. • "Respondent" means any employer who is alleged or found to have committed a violation of this chapter. • "Tangible adverse employment action" means a decision by an employer to reject an otherwise qualified job applicant, or to discharge, suspend, discipline, demote or deny a promotion to an employee. SHRR 80-010 Effect on other laws • In general. This Ordinance shall not be interpreted or applied to diminish or conflict with any requirements of state or federal law. See SMC 14.17.030(A) • State or federal requirements. An employer may perform a criminal background check on a job applicant or employee, or require criminal history information from a job applicant or employee, to the extent that the employer is required to do so by state or federal law or regulations. SHRR 80-020 Practice where rules do not govern If a matter arises in administering the Ordinance that is not specifically governed by these rules, the Director shall, in the exercise of his or her discretion, specify the practices to be followed. SHRR 80-030 Construction of rules These rules shall be liberally construed to permit the Department to accomplish its administrative duties and to secure the just and efficient determination of the merits of all charges and complaints received by the Department. EMPLOYEE SHRR 80-040- Substantial part of services in Seattle • Employee location. An employee performs a substantial part of his or her services in Seattle if the employee works at least 50%of the time in Seattle or if the employer or employee reasonably expects the employee to work at least 50%of the time in Seattle. • Employer location. The Ordinance applies to employees who perform 50%or more of their employment services in Seattle regardless of the location of their employer. . • Stopping in Seattle. The Ordinance applies to employees who stop in Seattle for work purposes to perform 50% or more of their employment services in Seattle. • Seasonal employees. The Ordinance applies to seasonal employees who perform 50% or more of their employment services in Seattle over the course of employment with a single employer. • Temporary employees. The Ordinance applies to temporary employees who perform 50% or more of their employment services in Seattle over the course of their temporary employment with a single employer. A temporary worker supplied by a staffing agency or similar entity, absent a contractual agreement stating otherwise, shall be an employee of the staffing agency for all purposes under the Ordinance. SHRR 80-050 Exempt employees • In general. Tndividuals who fall under the following categories are not "employees" under the Ordinance: • Law enforcement. Law enforcement includes any public employee whose primary function is enforcing criminal laws for the City of Seattle. See RCW 43.101.010. • Policing. Policing is activity by a public officer to enforce the public order and make arrests for offenses under the laws of the City of Seattle. See SMC 12A.02. • Crime Prevention. Crime Prevention includes any public officer whose primary function is to deter crime, enforce laws and maintain criminal justice. • Security. Security includes any individual who is licensed or required to be licensed as a "security guard" under Washington State law and who would be typically referred to as any of the following: • Security officer or guard; • Patrol or merchant patrol service officer or guard; • Armed escort or bodyguard; • Armored vehicle guard; • Burglar alarm response runner; or • Crowd control officer or guard. See RCW 18.170. • Criminal justice. An individual who is engaged in "criminal justice" is any public employee or officer whose primary function is to deter or mitigate crime, or sanction those who violate laws with criminal penalties and/or rehabilitation efforts. • Private investigation services. An individual who is engaged in "private investigation services" is any person who is licensed or required to be licensed under the laws of Washington State for the purpose of investigation, escort or bodyguard services, or property loss prevention activities. See RCW 18.165.010. • Unsupervised access to developmentally disabled persons,vulnerable adults or children under sixteen years of age. . • In general. An individual who may be subjected to a background check under RCW 43.43.830-845 is not an employee under the Ordinance. • Unsupervised access means not in the presence of: • Another employee or volunteer who is from the same business or organization as the applicant or employee and who is qualified and authorized to work with developmentally disabled persons, vulnerable adults or children; or • Any relative or guardian of the developmentally disabled persons, vulnerable adults or children to which the applicant or employee has access during the course of his or her employment or involvement with the business or organization. RCW 43.43.830. • Unsupervised access does not include incidental contact. • Incidental contact means minor or casual contact in an area accessible to and within visual or auditory range of others and includes passing a person while walking down a hallway. lncidental contact does not include being alone with a developmentally disabled person, vulnerable adult, or child for any period of time in a location that is not within the visual or auditory range of others. See RCW 43.43.830. • Developmentally disabled includes a person who has a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, another closely-related neurological or intellectual condition or a condition that requires treatment similar to that required for individuals with intellectual disabilities, and the condition: • Originates before the individual attains age eighteen; and � • Continues or can be expected to continue indefinitely; and 3. Constitutes a substantial limitation to the individual. See RCW 71A.10.020; WAC: 388-823-0420. • Vulnerable adult includes a person: • Who lacks the functional, mental, or physical inability to care for himself or herself; or • Who has a legal guardian under chapter 11.88 RCW; or • Who has a developmental disability as defined under RCW 71A.10.010;or • Admitted to any facility; or • Receiving services from home health,hospice, or home care agencies licensed or required to be licensed under Washington state law; or • Receiving services from an individual provider; or • Who self-directs his or her own care and receives services from a personal aide under RCW 74.39.050. RCW 74.34.020; RCW 43.43.830. . • The Ordinance does not apply to employees who are exempt under this rule. EMPLOYER SHRR 80-060 Advertisements,publications and policies An employer shall not advertise, publicize or implement any policy or practice that automatically or categorically excludes all individuals with any arrest or conviction records from employment positions covered by the Ordinance. SMC 14.17.020(A). LEGITIMATE BUSINE55 REASON SHRR 80-070 Good faith belief • To hold a good faith belief, an employer must demonstrate consideration of both: • Whether the conduct or pending criminal charge will either: • Have a negative impact on the employee's or applicant's fitness or ability to perform the position sought or held; or • Cause harm or injury to people, property, or business assets; and • Factors (a) through (� in the Ordinance under the definition of "legitimate business reason." SHRR 80-080 Verifiable information • In general. Verifiable information is any information produced by the applicant or employee, or produced on his or her behalf, with respect to his or her rehabilitation or good conduct. • This information includes, but is not limited to: • A written or oral statement from the applicant or employee; or • A written or oral statement from a member of the judiciary or law enforcement, parole or probation officer or person who provides similar services; or • A written or oral statement from a member of the clergy, counselor, therapist, social worker, community or volunteer organization or person or institution who provides similar services; or • A certificate of rehabilitation; or • A certificate of completion or enrollment in an educational or vocational training program, including apprenticeships programs; or • A certificate of completion or enrollment in a drug or alcohol treatment program; or • A certificate of completion or enrollment in a rehabilitation program. EMPLOYER'S PROCE55 SHRR 80-090 Initial screening An initial screening consists of a review of an applicant's qualifications to ensure that the applicant possesses the minimum qualifications that are necessary for the job. SHRR 80-100 Criminal background check An employer shall not request an applicant's criminal history information prior to the initial screening, eacept for employment positions exempted from this Ordinance. SHRR 80-110 Notice to employee or applicant • In general. Before taking any tangible adverse employment action solely based on an applicant's or employee's criminal conviction record, the conduct relating to an arrest record or pending criminal charge,the employer shall identify to the applicant or employee the record(s)or information on which they are relying and give the applicant or employee a reasonable opportunity to explain or correct that information. SMC 14.17.020(F). • An employer shall inform the applicant or employee of the records or information on which the employer is relying in a reasonable manner most likely to reach the applicant or employee in the shortest amount of time. SHRR 80-120 Reasonable opportunity • in general. An applicant has had a reasonable opportunity to respond, correct or explain the records or information under SMC 14.17.020(F)and (G) when the employer can demonstrate that the employer has: • Informed the applicant or employee of the records or information on which the employer will rely, including the entire results of the background check; and • Explained to the applicant on which part(s) of the records or information the employer is relying; and • Given the applicant or employee a fair chance to review the records or information; and • Provided the applicant or employee with the name, address and telephone number of the outside agency that supplied the report; and • Provided notice to the applicant or employee of the individual's right to dispute the accuracy or completeness of any records or information the agency furnished; and • Given the applicant or employee an opportunity to provide accurate records or information if the applicant or employee responds that the records or information are inaccurate; and • Given the applicant or employee an opportunity to provide an explanation as to the individual record or information on which the employer is relying as well as verifiable information related to the individual's rehabilitation or good conduct. . • Time. The employer must hold open the position for at least two business days after notifying the applicant or employee of the employer's intent to make an adverse employment decision under the Ordinance. The employer may hold open the position for longer than two business days. RETALIATION PROHIBITED SHRR 80-130 Individual and third party protection The Ordinance's protections for exercise of rights and prohibition against retaliation shall extend to any person who exercises any right protected under the Ordinance, including any person who has helped or encouraged another person to exercise any right under the Ordinance. ENFORCEMENT SI�iRR 80-140 Extension of implementation date The Director will extend the implementation date for an employer on a case-by-case basis. The employer must submit a request to the Director in writing and provide: a description of the changes necessary for compliance with the Ordinance; a process for adopting the changes; and a timeline for implementation. 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J � �., � � d � �� , � r� / � ' o� i r rf f � � � ` l � � . � � � o .G� �p �. i � o 'o I a d ; -� � a ' / iHE M6NCTTC UVSINC55 4:�OC!4T�ON PRESENTS 1, �i � I I THUR5DAY56�30-8•30 PM WHITEY DUMSTAD PARK JULY 7fH MASON REED AILY 14TH TO BE ANNDUNf�D JULY 21ST PASSA6ES ' JI1LY 28iH iHE SITY 80YS AU6UST 4TH RANGER AND TNE REARRANGEBS AUGUST 11iH TO BE ANNOUNCED AUGUST 18iH CASPER BABYPANTS � WWW.FACEBOOK.COMIMVSICINMAI`J[T!E MUS�C IN MPNETTE SPONSORS �,. f ; ;• T� o�r=►_•� ll �KITSAP � �,_ Mane}�e a:��`�� ca[o�i•usio■ � ,�,\ , �� l,l, �►° w��`�Q1 ihe`� BOAT ��OQn � Mryan.e�ptte , � �E� LlI�OC C�ALITION v v DOWNTOWNi°BREMERTON ASSOGIATION PRESENTS 1 ; t t ' � ��% , � �; � � �� ; / i� �� ' %__ � ti� �l � / �� / / /� � ' � � � ' ON T�H��E REM��ERTON BOARDWA�L�K � � , ' ,�,�, � � �� - , ROTIC CITYPRINCE TRIBUTE _, ` � �, �,_ , -�;� ' , ,5-IOPM -��AME RIOT, NUTHIN STREET ,. _ —�� ,' ,, ,. ,-JAMES HUNICUTT& FIREWORKS! + ' ` '� � • .HEART BY H'EART �=�,� -_ �--� � ;�-�_ � - MICAELA KINGSLIGHT & FRIENDS � �� : 'j-; �� TH'E MALO COMBO �� - "�- , WITH SALSA'DANCE LESSONS �� j � ; � ��:� ! ��SOUL SI�REN � �� `� - JAZZ�AMBASSADORS ,.��. � • CHANCE MCKINNEY �1 ' � � � _ � �� , AFTON PRATTER _ � `, � �}�� BOY BLUE � � `i � , � TRES HAMBRES � . � � ��NIC�K �DRUMMOND BAND SMALL TRIBES � =Qm RANDY LINDER BAND �/ AtIVE CLASSIC ROCK TRIBUTE � • • - ' • 1 � • • �• � • - � � 4�� . • . . � . � � �'hl •�• � �.�;= ;y � � v ♦ ��. � � � ��5. �� REPAIR �1.{.�- e �� - _ il, _ • • �.-rr- � � �"`Pnn��,�ress BAIIlfC9ff�l�M.�ei��jFi �1 <: ��.:�a�4R��BfAUIpRI,WC�-�„v�s�OpA �:- "'�� .,,. ��:;��a`�: �6'": ;Af�,ffRION, i� � ��o ,^�:"B,;.M` W 9 �a� ;; A`=��:.: 'I ,,...: ":k;::�:':.,^��,.v'�'p"� 'ass�oyni� ¢.'i.:.semnia°p1 � y�C(�T� //)(/� Q D Q� 'v�n3�r,p5�M,i1• '/ .� // • ••„a c:,..�1ixIL':\,��,�, I/ 0 I ''0 0 �0� � AUG 20, 2016 BF�EEOAEF81�'0�9 B�e�T60hB/4L A@RPOI�T , Join AOPA and thousands of pilots ancl aviation enthusiasts for a weekend of flying, friends, food, and fun! fRI, AUG 19 �ARr��°R"'�r�� T�r 6:30 P.M. - 9:30 P.Ni. • Food, music & fun SAT,AUG �0 '�°�� '� 8:30 A.M. - 4:00 P.P�I. �. � ��.�-��i � 1� • Free admission �� R ` ��. �-�;,,"' ' ,�.,o:. �� • Aircraft displays, exhibits �-- �';��'��`i�' , � � '" ., 1�1:: & seminars ��°�� .�' . .�� • Pilot Town Hall with � -••� �•� � ._, AOPA President Mark Baker � ---- � • Hearty pancake breakfast ; .�: �:I.,: and lunch! s � - 3 :; � o . � �V :.�+h af;rA 'Y� ' E�}�.-�<3�-.'.yid n LEARN MORE: aopa.org/bremerton �� " � RSVP NOW: aopa.org/bremerton/rsvp �,.. .. _- , _ _.��: � � JOIN �JS THIS SUMMER.FO�R.NUTRI'TTOUS Lt1NCt-9ES ��a6 u�mer �oo� �e�v�� o�r� �o� ��i�d�°�n S June 20.2016-Au�ust 19.2016 Brkfst Lunch Snack Days Location Address 7:3o-$ 11:30-12 - M-F ✓ Crownhill Elem. 1500 Rocky Pt Rd - 11:45-12:15 3:15-3:30 M-F ✓ YMCA(East 8remertonj 2261 Homer R Jones Rd - 11:45-12:30 2�30-3 M�F ✓ Naval Ave(Boys'r�Giris Club} 900 Olympic Ave s-8:3o 12-12:30 - M-F ✓ Nallwood 385 Nollwood - I1:30-12 1-i:is Tue.&Thur. ✓ Sav VisYa 4650 Bay Vista Blvd , �, June 27.2016-Julv 14,2016 �� Brkfst Lunch Snack Days Location Address `-:�!.^� �:as-s 11:30-12 - M-F ✓ ��:�e�•:-•:;.,-,�s=.:� 101 National Ave June 27,201G-Au�ust 11.2016 Brkfst Lunch Snack Days Location Address a:as-9:Ls 11:30-11:45 - M,T,W,Th ✓ View Ridge Elementary 3250 Spruce St June 27.2016-July 21.2016 Brkfst Lunch Snack Days Location Address - 12-12:30 - M,T,W,Th ✓ N1VP✓i5 2400 Perry Avenue lulv 11,2016-Au�ust 12,2016• - Brkfst Lunch Snack Days Park Lotations Address - 12-12:30 - M-F �/ Blueberry {•a!soi�iy�tn?) 737 Sylvan Way - 12-12:30 - M-F ✓ tVlanettePark (•alsoJuiy6th?) 1300Vandafia - 12-12:30 - M-F ✓ Kiwanis (•aiso July 7th%; 17015th Street Jufv 1Z,2016-Au�ust 09.2016 Brkfst Lunch Snack Days Loration Address - 11:45-12:00 - Tuesdays only ✓ Downtown Bremerton Library 612 5th St Julv 18,2016-Au�ust 3,2016 Brkfst Lunch Snack Days Location Address 7:45-8 11-11:30 - M-F ✓ 3re.me;?on N:7h Sthc,•�I r:;sr�r;::� 150013th St Julv 18.2016-Au�ust 11,2016 • �,:x�. Brkfst Lunch Snack Days Location Address 9-9:15 11:30-11:45 - M,T,W,Th ✓ Armin lahr Elementary S00 Dibb St 9-9:15 11:30-11:45 - M,T,W,Th ✓ West Hills Elem.{annex) 520 National Ave 5 �t� � `. � nt ' - i ` ' ` a1 • � - + � « _ ��r J �` �r }�7� /- �C ' i -...._�_. _ ��W�-�V V/ '� ' '�. - n ,• � . ,l, �,��., .I N ,�� • • . i..r. _ . _ . -. _ y -_ � - . — ';�� - _ _, .�_ '-a> � - - � - - - -.. .. �] .. _ ., I ..._ � _- �- �:.� ��. 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Y�.�' AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: July 20, 2016 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 369268 through 369461 and EFT's 16258 through 16307 in the amount of $2,085,307.53. 2) Regular Payroll for the pay period ending June 30, 2016 in the amount of$29,443.05. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED IVIOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA B1LL CITY OF BREMERTON � � CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A July 6, 2016 COUNCIL MEETING Date: July 20, 2016 Department: City Council � Presenter: Council President Phone: (360)473-5280 SUMMARY: Attached is a summary of the City Council Meeting on July 6, 2016. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation � Full Presentation I STUDY SESStON ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 6, 2016 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, July 6, 2016, at 5:00 PM in Council Conference Room 603 Of the NORM DICKS GOVERNMENT CENTER, 345 6�h Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A CouNC�� BR�EFitv� was 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 Pat Sullivan followed by the invocation provided by Chaplain Bill Martin of Abundant Life Foursquare Church. MAYOR'S REPORT— Mayor Patty Lent announced the following... • Residents are encouraged to submit comments regarding the Parking Study by Friday, July 8 on the City's website, where interested persons can also sign up to receive ongoing updates; • Bremerton's 12'h Annual West Sound Senior Games will be held from July 6 through 9 for adults 50 years and up; followed by a Celebration BBQ hosted by the Senior Games Committee on Thursday, July 7 at 5:30 PM at the Sheridan Park Community Center for$5pp; • "Walk a Mile in Her Shoes" to stop domestic violence will be on Saturday, July 9 from 3:00 to 5:00 PM at Evergreen Rotary Park; • The Grand Opening of The Coffee Oasis Cafe and Drive-Thru at 301 Naval Avenue will be on Saturday, July 9 from 6:00 to 8:00 PM; • Please contact her office if interested in hosting a Japanese exchange student in August; • The Integrated Vegetation Management program is beginning at specific locations around the City this summer; and for those who wish to "opt out", please contact Public Works at (360) 473-5920 or visit the City's website to submit the required form; • Thanked volunteers who brought a mural to life at Peninsula Community Health Services; and • After a 25-year history, attended the last Graduation & Benediction for the last graduating class of the Puget Sound Family Residency Program at Naval Hospital. PUBLIC RECOGNITION Terry Fessner summarized an e-mail that he sent to the Council Members last week expressing his thoughts and suggestions on how to improve the availability of downtown parking for customers of the local businesses, and not for the commuters of the Puget Sound Naval Shipyard. Keith Pitts was concerned about the company hired to spray herbicides by the Bremerton Housing Authority in front of his building. Aubrev Moore extended an invitation to the Community Construction Celebration and Ground Breaking for the Marvin Williams Center tomorrow from 5:00 to 6:00 PM. Karen Varqas with sadness, reported that Alyce Eagans, a longtime Community Leader in Bremerton, passed away today. CONSENT AGENDA � 5A— Claims 8� Check Register: Check Numbers 368989 through 369267, and EFT-16199 through EFT-16257 in the amount of $2,484,767.95; Regular Payroll for the pay period ending June 15, 2016 in the amount of $747,008.83; Regular Payroll in the amount of City Council Reg. Mtg. Minutes Wednesday, July 6, 2016 Page2of3 $732,319.35 for the pay period ending June 30, 2016; and Retiree Payroll for the pay period ending June 30, 2016 in the amount of$64,723.77 5B — Minutes of Meeting —June 15, 2016 5C — Minutes of Special Meeting —June 29, 2016 5D — Confirm Appointment of Jordy Andrew to the CDBG/Grant Recommendation Capital Committee 5E — Confirm Appointment of Dean Kelly to the Design Review Board, Position 5 5F — Interlocal Agreement with Mason County for Public Works Services 5G — Resolution No. 3272 amending City Rates and Fees for Street Vendors 5H — Renewal Agreement with West Publishing Corporation for Westlaw Research Subscription 5I— Purchase of 12.5% Bulk Sodium Hypochlorite from JCI Jones, Inc. for the Westside Wastewater Treatment Plant 5J — Public Works Agreement with Orca Pacific, Inc. for Renovation of the Harborside Fountain Park Filtration & Sanitization System in the amount of$32,889.19 , Dean Kelly thanked the City for the opportunity to serve on the Design Review Board. 05:53:20 M/S/C/U (Huddy/McDonald) Move to approve the CotvsEtvT A�EN�A as presented. GENERAL BUSINESS— There were no General 8usiness items... PUBLIC HEARINGS 7A— PUBLIC HEARING ON RESOLUTION NO. 3271 ADOPTING THE 2017-2022 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP): Tom Knuckey, City Engineer, emphasized that the Six-Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually, is filed with the Secretary of Transportation, Local Programs Office, and is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation. This TIP is consistent with Bremerton's Comprehensive and Non-Motorized Transportation Plans, and Street CIP. President Youn_qer opened the public hearing... With no comments received, the hearing was closed to the public, and opened for discussion by the City Council... 05:55:10 Motion was made by Davis, and seconded by Daugs... Comments and questions were provided by Daugs; with responses provided by Mr. Knuckey... 05:57:Q5 M/S/C/U (Davis/Daugs) Move to approve Resolution No. 3271, which approves the City's 2017 — 2022 Six-Year Transportation Improvement Plan, and allows the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. COUNCIL MEMBER REPORTS Pat Sullivan welcomed volunteers to the "Monthly Lions Park Work Party" on Saturday, July 9 from 10:00 AM to Noon. Leslie Dauqs announced the schedule for the Summer Food Service Program for Children" ongoing from June 11 through August 11; expressed her condolences to the Alyce Eagans family; and cautioned drivers to especially watch for children now that school is out. City Council Reg. Mtg. Minutes Wednesday, July 6, 2016 Page3of3 Jerrv McDonald reiterated news about the community efforts to paint the mural on the Peninsula Community Health Services building; and announced through the summer, Music in Manette� concerts will be held at the Whitey Domstad Vista on Thursday evenings from 6:30 to 8:30 PM and Rock the Dock concerts on the Bremerton Boardwalk will be held on Friday evenings from 5:00 to 7:00 PM. He also looked forward to Bremerton Brewfest on July 14-15 and the Construction Celebration & Groundbreaking for the Marvin Williams Center on July 7. Greq Wheeler reminded citizens interested in providing comments on the Parking Study that the deadline is Friday, July 8; thanked Council Member McDonald, the Downtown Business Association, and all contributing sponsors for their efforts in organizing the Rock the Dock summer concert series on the Boardwalk; suggested families with children go to the City's website at www.ci.bremerton.wa.us for details on "Fun at the Playgrounds" taking place at Blueberry, Kiwanis, and Manette Parks from July 11 to August 12; reminded drivers to keep an extra eye out for kids not that schools are on summer break; and lastly, reminded everyone about Bremerton Farmers Markets from 4:00 to 7:00 PM on Thursdays through October 13 at Evergreen Rotary Park. Dino Davis reiterated information on the Grand Opening of The Coffee Oasis Cafe and Drive-Thru at 301 Naval Avenue will be on Saturday, July 9 from 6:00 to 8:00 PM; and echoed the sympathy sentiments to the Eagan's family. Richard Huddv was pleased to attend the Association of Washington Cities Annual Conference held June 21 to 24 in Everett with fellow Council Members Leslie Daugs, Jerry McDonald, and Dino Davis; had the pleasure of attending a neighborhood 4`h of July party where a large American Flag was unfolded, and then folded again as a reminder of our freedom as Americans. He also reiterated information about the Monthly Lions Park Work Party scheduled this Saturday. Eric Younqer reminded interested new homebuyers may contact Sarah Achaoui in Community Development for more information on the City of Bremerton Down Payment Assistance Program at (360) 473-5375 or by email at sarah.achaoui(c�ci.bremerton.wa.us. He also enjoyed being interviewed for an episode of BKAT's Growing Bremerton; and can't stress the importance of the citizen's involvement in the Parking Study. With no further business, President Younqer adjourned the Council Meeting at 6:15 PM. Prepared and Submitted by: � � L I SMIT Legislative Assistant APPROVED by the City Council on the 20th day of July, 2016. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:Is:cg AGENDA BILL 7 C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A July 13, 2016 COUNCIL MEETING Date: July 20, 2016 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on July 13, 2016. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, July 13, 2016 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NoRM D�cKs GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, July 13, 2016, at 5:00 PM, with Council Vice President Dino Davis presiding. Council Members present were Richard Huddy, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Council President Eric Younger was absent. Lori Smith, Legislative Assistant, was present to provide staff support. Vice President Davis emphasized that the Study Session was open to the public but there � would be no opportunities for input or participation; and announced that approved items by Council will be placed on the July 20, 2016 Council Meeting Agenda or as indicated... A. NO PRESENTATION PLANNED— The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Proposed Public Hearing for the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Public Hearing 2. Contract with Kitsap County Human Services Department to provide Crisis Intervention/Triage Training to Commissioned Law Enforcement Officers and for the Purchase of Tablets Consent Agenda 3. Resolution approving Phase 2 of the Bayside Final Plat located off of Anderson Hill Road Consent Agenda 4. Purchase Agreement with Trebron Company, Inc. to Upgrade and Replace the City of Bremerton's Main Firewall with Saphos SG 450 Consent Agenda 5. Contract with Fields Roof Service, Inc. for the Police Facility East Section Roof Replacement Consent Agenda 6. Resolution authorizing the Mayor to make a formal Application to the Salmon Recovery Funding Board (SRFB)for Grant Assistance for Northlake Way Consent Agenda 7. Resolution authorizing the Mayor to make a formal Application to the Salmon Recovery Funding Board (SRFB)for Grant Assistance for Parish Creek ConsentAgenda 8. Professional Services Agreement with Parametrix for the Ostrich Bay Creek Retrofit Plan Design Project Consent Agenda 9. Contract with AES Consultants, Inc. for OutFall Surveys to meet Department of Natural Resources Permit Renewal Requirements Consent Agenda 10. Purchase Agreement with North Coast Electric for finro (2) Allen-Bradley 200 H.P. Variable Frequency Drives for Pump Station CE-4 Consent Agenda 11. Energy Efficiency Grant from the Department of Commerce for the Puget Sound Energy (PSE) Street Light LED Retrofit Project Consent Agenda B. BRIEFINGS 8� FULL PRESENTATIONS 1. Amendment No. 2 to the Professional Services Agreement with Imperial Parking for Parking Enforcement and Services General Business Vice President Davis called a 10-minute recess from 6:34 to 6:44 PM... City Council Study Session Minutes Wednesday, July 13, 2016 Page 2 of 2 B. BRIEFINGS 8� FULL PRESENTATIONS— Continued... 2. 2017 Community Development Block Grant (CDBG) Funding Process; and Release of Policy Plan and Notice of Funding Availability (NOFA) General Business 3. Memorandum of Understanding and Updated Air Rights Easement granted to 606 Lorax, LLC Consent Agenda C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (7/05/16 Meeting) —Chair Greg Wheeler o Public Safety and Parks Committee Briefing (7/13/16 Meeting) — Chair Leslie Daugs o Other General Council Business With no further business, Vice President Davis adjourned the Council Study Session at 8:30 PM. Pre ared and Submitted by: � � LORI SMITH, Legislative Assistant APPROVED by the City Council on the 20th day of July, 2016. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:Is:cg AGENDA BILL � D CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract with Kitsap County Study Session Date: July 13, 2016 Human Services Department to Provide COUNCIL MEETING Date: July 30, 2016 Crisis Intervention/Triage Training to Department: Police Commissioned Law Enforcement Officers Presenter: Capt. Tom Wolfe and for the Purchase of Tablets Phone: (360) 473-5224 SUMMARY: The Crisis Intervention Program will cover the cost of instructors, and personnel costs of law enforcement officers, to allow commissioned officers to receive intensive training to effectively respond to citizens experiencing a behavioral or mental health crisis. Patrol officers already are trained in the basic understanding of the proper safety skills while incorporating de- escalation techniques to more effectively approach a crisis situation. The contract also provides for the addition of twelve tablets/phones to be used by the Crisis Intervention Officers in the field to talk directly with mental health professionals. ATTACHMENTS: Kitsap County Human Services 1/10th of 1% Mental Health,Chemical Dependency and Therapeutic Courts Contract FISCAL IMPACTS (Include Budgeted Amount): There will be no fiscal impact to the Police Department's budget; expenditure for training and for the purchase of the tablets will be from the awarded funds to facilitate the county-wide program. STUDY SESSION AGENDA: 0 No Presentation ❑Full Presentation STUDY SESSION ACTION: o ConsentAgenda ❑General Business �Public Hearing RECOMMENDED MOTION: Move to approve the Contract with Kitsap County Human Services Department to Provide Crisis Intervention/Triage Training to Commissioned Law Enforcement Officers and for the Purchase of Tablets; and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 KITSAP COUNTY HUMAN SERVICES 1/10t" of 1% Mental Health, Chemical Dependency and Therapeutic Courts Contract Contract Number: KC-249-16 Contractor: City of Bremerton Amount: $61,860 Contract Term: July 1, 2016 — December 31, 2017 CFDA#: Not applicable � Purpose: This project will provide funding for training to 102 commissioned law enforcement officers in Kitsap County in Crisis Intervention/Triage. The training will provide one session of 40 hour Crisis Intervention Training for Crisis Intervention O�cers (CIOs); four sessions of 8 hour Crisis Intervention Training for 1 st responders; and 24 hours of enhanced CIO training. Funding will cover the cost of the instructors, facilitators, incidentals and overtime for the attending officers/deputies. The contract also provides for the addition of 12 tablets/phones to be used by the Crisis Intervention Officers (CIOs) in the field to talk directly with the Designated Mental Health Professional (DMHP). The DMHP currently answers a designated phone for law enforcement. The new tablet or phone will replace or enhance the use of the current phone the DMHPs use and will allow for face to face contact with the person suffering from rriental illness. This contract is made befinreen the City of Bremerton (hereinafter"Contractor") and the Kitsap County Human Services Department (hereinafter the "County"). This notification of contract, including all material incorporated by reference, contains all terms and conditions agreed to by the parties hereto. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. The rights and obligations of the parties shall be subject to, and governed by, the terms and conditions contained herein and by the Statement of Work, General Agreement, Special Terms and Conditions, and the Budget. In the event of any inconsistency in this notification of contract, including the items incorporated herein by reference, the inconsistency shall be resolved by giving precedence in the following order: (1) General Agreement; (2) Special Terms and Conditions; (3) Statement of Work; and (4) Budget. As evidenced by signatures hereon, the parties accept the terms and conditions of this contract. KC-249-16 City of Bremerton 6-28-16 � KC-249-16 Dated this day of , 2016. Dated this day of , 2016. CONTRACTOR KITSAP COUNTY BOARD OF CITY OF BREMERTON COMMISSIONERS Patty Lent, Mayor Edward E. Wolfe, Chair Charlotte Garrido, Commissioner Robert Gelder, Commissioner ATTEST: Dana Daniels, Clerk of the Board Approved as to form by the Prosecuting Attorney's Office KC-249-16 City of Bremerton 6-28-16 2 1/10T" OF 1% MENTAL HEALTH, CHEMICAL DEPENDENCY AND THERAPEUTIC COURTS CONTRACT GENERAL TERMS AND CONDITIONS This contract for Human Services (the Contract) is entered into by Kitsap County, a municipal corporation, having its principal offices at 614 Division Street, Port Orchard, Washington, 98366 (the County) and the City of Bremerton, having its principal office at 345 6th Street, Suite 600 � Bremerton, WA 98337 (the Contractor). SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on July 1, 2016 and terminate on December 31, 2017. In no event will the Contract become effective unless and until it is approved and executed by the Kitsap County Board of Commissioners. SECTION 2. SERVICES TO BE PROVIDED 2.1 A description of the services to be performed by the Contractor is set forth in Attachment B: Statement of Work, which is attached to the Contract. 2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor or facilities will be furnished by the County. 2.3 The Contractor will perform the work specified in the Contract according to standard industry practice. 2.4 The Contractor will complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Contractor will confer with the County from time to time during the progress of the work. The Contractor will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the County. SECTION 3. CONTRACT REPRESENTATIVES The County and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows. County's Contract Representative Gay Neal, Human Services Planner Kitsap County Department of Human Services 614 Division Street, MS-23 Port Orchard, WA 98366 KC-249-16 City of Bremerton 6-28-16 3 Contractor's Contract Representative Steven Strachan Bremerton Police Chief 1025 Burwell Street Bremerton, WA 98337 SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Attachment C: Budget Summary, which is attached to the Contract. 4.2 The total amount payable under the Contract by the County to the Contractor in no event will exceed $61,860. Any cost incurred by the Contractor over and above the year-end sums set out in the budgets shall be at the Contractor's sole risk and expense. 4.3 Unless otherwise provided in the Contract, the Contractor may submit an invoice to the County once a month for payment of work actually completed to date. Contractor shall use the Human Services Department Contractor Invoice Form, available from the County. Subject to the other provisions of the Contract, the County generally will pay such an invoice within thirty (30) days of receiving it. 4.4 The County will submit payments for work performed to; City of Bremerton 1025 Burwell Street Bremerton, WA 98337 4.5 The Contractor will be paid only for work expressly authorized in the Contract. 4.6 Payments shall not be construed as a waiver of the County's right to challenge the level of the Contractor's performance under this Contract, and to seek appropriate legal remedies. 4.7 The Contractor will not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise. 4.8 If the Contractor fails to perForm any substantial obligation, and the failure has not been cured within ten (10) days following notice from the County, the County may, in its sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. 4.9 The Contractor shall pay no wages in excess of the usual and accustomed wages for personnel of similar background, qualifications and experience. 4.10 The Contractor shall pay no more than reasonable market value for equipment and/or supplies. KC-249-16 City of Bremerton 6-28-16 4 SECTION 5. AMENDMENTS AND CHANGES IN WORK 5.1 In the event of any errors or omissions by the Contractor in the performance of any work required under the Contract, the Contractor will make all necessary corrections without additional compensation. All work submitted by the Contractor will be certified and checked by the Contractor for errors and omissions. The Contractor will continue to be responsible for the accuracy of work even after the work is accepted by the County. 5.2 In order to be effective, any contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract. Work under a renewal, amendment or modification may not commence until the renewal, amendment or modification has been approved by the County and has become effective. 5.3 Either party may request that the Contract terms be renegotiated when circumstances, which were neither foreseen nor reasonably foreseeable by the parties at the time of contracting, arise during the period of performance of the Contract. Such circumstances must have a substantial and material impact upon the performance projected under this Contract and must be outside the control of either party. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, . damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result from, the performance of the Contract by the indemnitor or its elected or appointed officials, officers, employees, volunteers, subcontractors and agents. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees, volunteers or agents of the indemnitor and by any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survive the expiration or termination of the Contract. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE PARTIES' WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. II rvive the ex iration or termination of this Contract. The provisions of this section sha su p KC-249-16 City of Bremerton 6-28-16 5 SECTION 7. INSURANCE 7.1 Workers' Compensation and Employer Liability. The Contractor will maintain workers' compensation insurance as required by Title 51, Revised Code of Washington, and will provide evidence of coverage to the Kitsap County Risk Management Division. If the Contract is for over $50,000, then the Contractor will also maintain employer liability coverage with a limit of not less than $1 million. Any additional workers' compensation requirements can be found in Attachment A, Special Terms and Conditions. 7.2 Commercial General Liability. The Contractor will maintain commercial general liability coverage for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than $Z million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. 7.3 Automobile Liability. The Contractor will maintain automobile liability insurance as follows (check ONE of the following options): X Not Applicable. 7.4 Miscellaneous Insurance Provisions , A. The Contractor s liability insurance provision will be primary with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. B. The Contractor's commercial general liability insurance and automobile liability insurance (if applicable) will include the County, its officers, officials, employees and agents as additional insureds with respect to performance of services. C. The Contractor's commercial general liability insurance and automobile liability insurance (if applicable) will contain no special limitations on the scope of protection afforded to the County as an additional insured. D. Any failure to comply with reporting provisions of the policies will not affect the coverage provided to the County, its officers, officials, employees or agents. E. The Contractor's insurance will apply separately to each insure.d against whom claim is made or suit is brought subject to the limits of the insurer's liability. KC-249-16 City of Bremerton 6-28-16 6 F. All coverage for subcontractors will be subject to all of the requirements stated in these provisions. G. The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure, nor are they limitations on indemnification. H. The Contractor will maintain all required policies in force from the time services commence until services are completed. Certificates, policies and endorsements scheduled to expire before completion of services will be renewed before expiration. If the Contractor's liability coverage is written as claims-made-policy, then the Contractor must evidence the purchase of an extended-reporting period or"tail" coverage for a three-year period after completion of the services. 7.5 Verification of Coverage and Acceptability of Insurers. A. The Contractor will place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in tfie State of Washington. B. The Contractor will furnish the County with properly executed certificates of insurance or a signed policy endorsement which will clearly evidence all insurance required in this Section before work under this Contract shall commence. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract may not be canceled, or allowed to expire, except on prior written notice to the County. The Contractor is self-insured to $500,000; notice to the County shall be given according to Contractor's policy conditions. C. The Contractor will furnish the County with evidence that the additional- insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing the County as an additional insured, or a letter of self-insurance from a public entity risk pool which waives the requirement. D. Certificates of insuraFlce will show the certificate holder as Kitsap County and indicate "care of' the appropriate County office or department. The address of the certificate holder will be shown as the current address of the appropriate County office or department. E. The Contractor is self-insured and will provide verification to the County. F. Evidence of such insurance, as required above, shall be provided to the County at the following address: KC-249-16 City of Bremerton 6-28-16 � Gay Neal, Human Services Planner Program, Kitsap County Department of Human Services 614 Division Street, MS-23 Port Orchard, WA 98366 � Upon receipt, the Human Services Department will ensure submission of all insurance documentation to the Risk Management Division, Kitsap County Department of Administrative Services. G. Written notice of cancellation or change will be mailed to the County Risk Management Division as provided above. H. The Contractor or its broker will provide a copy of all insurance policies specified in the Contract upon request of the Kitsap County Risk Manager. SECTION 8. TERMINATION 8.1 Either party may terminate the Contract in whole or in part upon ten (10) days written notice whenever the party determines, in its sole discretion, that such termination is in its best interest. In that event, the County will pay the Contractor for all costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract. 8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the County may summarily terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by the County to the Contractor, or upon receipt of the notice by Contractor, whichever is later. No costs incurred after the effective date of termination will be paid. 8.3 If the Contractor breaches any of its obligations under the Contract, and fails to cure the breach within 10 days of written notice to do so by the County, the County may terminate the Contract. In that event, the County will pay the Contractor only for the costs of services accepted by the County. SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9.1 Contractor is authorized to hire instructors and related personnel to perform the duties under this Contract. 9.2 The Contractor is responsible for subcontractor compliance with applicable terms and conditions of this Contract and all applicable laws. 9.3 The Contractor warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for the Contractor, any fee, commission percentage, brokerage fee, gift or other consideration (i.e. "kickbacks") contingent upon or resulting from the award or making of the Contract. KC-249-16 City of Bremerton 6-28-16 $ SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Contractor's services will be furnished by the Contractor as an independent contractor and not as an employee, agent or servant of the County. The Contractor will perForm the services in strict accordance with the provisions of the Contract, but will be free from control or direction by the County over the performance of the services. 10.2 The Contractor warrants that it maintains a separate set of books or records that reflect all items of income and expenses of the business that the Contractor is conducting. 10.3 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and that the Contractor is not entitled to any County benefits, inctuding, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or privileges afforded to County employees or agents. . 10.4 In the event that any of the Contractor's employees, agents,'servants or subcontractors, carry on activities or conduct themselves in any manner which may either jeopardize the funding of this Contract or indicates that they are unfit to provide those services as set forth within, the Contractor shall be responsible for taking adequate measure to prevent said employee, agent or servant from performing or providing any such services. 10.5 The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents from and against any loss or expense, including, but not limited to, settlements, judgments, set-offs, attorneys' fees or costs, incurred or suffered by reason of claims or demands arising in connection with the provisions of this Section. SECTION 11. COMPLIANCE WITH LAWS 11.1 The Contractor, its employees, assignees, delegates or subcontractors will not discriminate against any person in performance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex, sexual orientation, marital status, veteran status or the presence of disability. 11.2 The Contractor, its employees, assignees, delegates and subcontractors will comply with all applicable provisions of the Americans With Disabilities Act and all regulations interpreting and enforcing such act. 11.3 The Contractor and its subcontractors, employees, agents, assignees and representatives will comply with all applicable federal, state and local laws, rules and reg�ulations in their performance under the Contract. KC-249-16 City of Bremerton 6-28-16 9 SECTION 12. DOCUMENTATION AND OWNERSFiIP OF MATERIALS 12.1 The Contractor will maintain readily accessible records and documents sufficient to provide an audit trail needed by the County to identify the receipt and expenditure of funds under this Contract, and to keep on record all source documents, such as time and payroll records, mileage reports, supplies and material receipts, purchased equipment receipts, and other receipts for goods and services. 12.2 An electronic copy of all word processing documents will be submitted to the County upon request or at the end of the job using the word processing program and version specified by the County. SECTION 13. PATENT/COPYRIGHT INFRINGEMENT The Contractor will hold harmless, indemnify and defend the County, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the County, where such action is based on the claim that information supplied by the Contractor or subcontractor infringes any patent or copyright. The Contractor will be notified promptly in writing by the County of any notice of such claim. SECTION 14. DISPUTES Differences, disputes and disagreements between the Contractor and the County arising under or out of the Contract will be brought to the attention of the County at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor will be decided by the County's contract representative or designee. All rulings, orders, instructions and decisions of the County's contract representative will be final and conclusive, subject to the right to pursue a judicial remedy pursuant to Section 16.2 below. SECTION 15. ATTORNEY'S FEES In any claim or lawsuit for damages arising from the parties' performance of this Contract, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the parties' right to indemnification under Section 6 of this Contract. SECTION 16. CHOICE OF LAW, JURISDICTION AND VENUE 16.1 The Contract will be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 16.2 Any action at law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. KC-249-16 City of Bremerton 6-28-16 �� SECTION 17. MISCELLANEOUS 17.1 Authority. The Contractor certifies that it has the legal authority to apply for the funds covered under this Contract. 17.2 No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 17.3 Remedies. All remedies provided for in this Contract will be construed as cumulative and will be in addition to any other remedies provided by law. 17.4 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts. ' 17.5 Conflict of Interest. The Contractor will avoid organizational conflicts of interest or the appearance of a conflict of interest in disbursing contract funds for any purpose and in the conduct of procurement activities. The Contractor will ensure that its subcontractors, employees, agents or representatives avoid conflicts of interest or the appearance of a conflict of interest in disbursing contract funds for any purpose and in the conduct of procurement activities. 17.6 Records Inspection and Retention. The County may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor will retain for audit purposes all Contract-related records for at least six (6) years after termination of the Contract. 17.7 Publication. The Contractor will not publish any results of the works performed under this Contract without the advance written permission of the County. 17.8 County Review. The County may, at reasonable times, review and monitor the financial and service components of the program as established by the Contractor by whatever means are deemed expedient by the Board of County Commissioners, or its respective delegates. Such review may include, but is not limited to, with reasonable notice, on-site inspection by County agents or employees, and the inspection of all records or other materials which the County deems pertinent to the Contract and its performance, except those deemed confidential by law. 17.9 Successors and Assigns. The County, to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. 17.10 Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected and the parties' rights and KC-249-16 City of Bremerton 6-28-16 �� obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 17.11 Attachments. The parties acknowledge that the following attachments, which are attached to this Contract, are expressly incorporated by this reference: Attachment A— Special Terms and Conditions Attachment B — Statement of Work Attachment C — Budget Summary � In the event of an inconsistency between these General Terms and Conditions and the attachments, precedence shall be given in the following order: (1) General Terms and Conditions; (2) Statement of Work; (3) Budget Summary/Estimated Expenditures. 17.12 Whole Agreement. The parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the Contract. Any oral or written representations or understandings not incorporated in the Contract are specifically excluded. 17.13 Notices. Any notice will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representatives provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. KC-249-16 City of Bremerton 6-28-16 12 ATTACHMENT A: SPECIAL TERMS and CONDITIONS 1/10th of 1% Mental Health, Chemical Dependency and Therapeutic Courts Purnose The purpose of funding provided through this contract is to augment state and federal funding of inental health, chemical dependency and therapeutic court programs and services with the goal of preventing and reducing the impacts of disabling chemical dependency and mental illness by creating and investing in effective, data-driven programs for a continuum of recovery-oriented systems of care per RCW 82.14.460. Funding must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. No funding provided under this contract may be used to supplant existing funding for these programs. Collaboration and Collective Imqact The Contractor shall take the initiative to work with other systems to reduce fragmentation or duplication and to strengthen working relationships utilizing collective impact strategies. The Contractor will provide quarterly updates on collaborative efforts and outreach activities that will include issues mutually identified by the Contractor and respective systems that can be addressed through collective impact strategies. Examples of such systems include: criminal justice, corrections, juvenile rehabilitation, mental health, aging, veterans, child protection and welfare, adult protection and welfare, education, juvenile justice, housing, employment services, primary health care plans and other publicly-funded entities promoting substance abuse and mental health services. All agencies providing services to working age adults and youth shall establish a connection with the local WorkSource system to ensure people have access to employment training and placement services. Identification and Coordination of Available Funding Sources The Contractor is required to identify and coordinate all available funding resources to I pay for the mental health and chemical dependency services funded by this contract, I are Act etc. State local rivate including Federal (Medicaid and Affordab e C , ), , , p insurance and other private sources. The 1/10th of 1% funding should be utilized as a Payor of Last Resort. Contractor will provide a report by December 31 and June 30 each year funding is received under this grant detailing what other funding sources have been investigated, what the outcome was and what the future potential for alternative funding. KC-249-16 City of Bremerton 6-28-16 13 R�e uirements. Background Checks (RCW 43.43, WAC 388-877 & 388-877B) The Contractor shall ensure a criminal background check is conducted for all staff members; case managers, outreach staff members, etc.; or volunteers who have unsupervised access to children, adolescents, and vulnerable adults. Services and Activities to Ethnic Minorities and Diverse Populations. The Contractor shall: Ensure all services and activities provided by the Contractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all ethnic minorities. Initiate actions to ensure or improve access, retention, and cultural relevance of treatment, prevention or other appropriate services, for ethnic minorities and other diverse populations in need of treatment and prevention services as identified in their needs assessment. Audit Reauirements If the Contractor is subject to OMB Circular A-133, the County shall require a copy of the completed Single Audit and ensure corrective action is taken for any audit finding, per A-133 requirements. KC-249-16 City of Bremerton 6-28-16 14 ATTACHMENT B: STATEMENT OF WORK. Crisis Intervention and Triage for Law Enforcement Proiect Description This project will provide training to 102 commissioned law enforcement officers in Kitsap County in Crisis Intervention and Triage Training. The goal of this project is to provide additional training to all law enforcement officers in crisis intervention and triage for the mentally ill. The training will provide additional training in communicating and de-escalating a subject in crisis with means other than physical or deadly force. The contract also provides for the addition of 12 tablets/phones to be used by the Crisis Intervention Officers (CIOs) in the field to talk directly with the Designated Mental Health Professional (DMHP). The DMHP currently answers a designated phone for law enforcement. The new tablet or phone will replace or enhance the use of the current phone the DMHPs use and will allow for face to face contact with the person suffering from mental illness. The implementation of the tablet/phone will be gradual over the 18- month period. Proiect Activities Crisis Intervention Team Training (CIT) involves working in a team with mental health practitioners, law enforcement, medical personnel, and other first responders. The focus is to provide the best services possible to the individual in a mental health crisis. The Contractor will coordinate the following: • One 40-hour Crisis Intervention Response Team Training class for 10 newly designated Crisis Intervention Officers. • Four 8-hour Crisis Intervention Training classes for 92 new officers to be trained. • Twenty-Four (24) hours of Enhanced Crisis Intervention Training to 36 designated Crisis Intervention Officers. • Two-hour team meetings of the Crisis Intervention Response Team bi-monthly. • Purchase of 12 tablets/phones to be used by the Crisis Intervention Officers in the field. The Contractor will be responsible for communicating with the other agencies involved in this project. The communication wili be to structure the training and coordinate the instructors, times, dates, and location of the training. The Project Budget Total for this project is found in Attachment C. The parties agree that the Contractor cannot control the attendance of the other agencies' personnel. Once the Contractor performs its duties of structuring training and coordinating instructors and trainings, the County shall not withhold payment based on other agencies' lack of attendance. The Contractor shall, to the best of its ability, coordinate dates, times and locations to accommodate as many agency personnel as possible. KC-249-16 City of Bremerton 6-28-16 15 Proiect Desiqn The project has been documented a proven success in other cities and counties in Washington State. This type of project has also been a success in other states. The most successful crisis intervention training and Crisis Intervention Officer Response Team concept emerged from Memphis, Tennessee. The Memphis Crisis Intervention Team (CIT) is an innovative police—based, first responder program that has become nationally known as the "Memphis Model" of pre-arrest jail diversion for those in a mental illness crisis. This program provides law enforcement-based crisis intervention training for helping those individuals with mental illness. The Crisis Intervention Officer Response Team concept that emerged from Memphis has become the national standard for law enforcement response training for subjects in crisis due to mental health and or substance abuse issues. This project will utilize the Memphis Model to train law enforcement professionals to help improve service to the community and subjects in crisis, and provide additional tools to law enforcement. Proiect Outcomes and Measurements Goal #1: Increase the number of designated Crisis Intervention Officers in Kitsap County Outcome #1: Increase the number of designated Crisis Intervention Officers from thirty-six (36) to forty-six (46) Goal #2: Increase the number of officers that have received eight (8) hours of Crisis Intervention Training Outcome #2: Increase the number of officers that have attended at least eight (8) hours of Crisis Intervention Training from 232 to 324 Goal #3: Provide all designated Crisis Intervention Officers with twenty-four (24) hours of enhanced Crisis Intervention Training Outcome #3: 100% of designated Crisis Intervention Officers will attend twenty- four (24) hours of enhanced Crisis Intervention Training Goal #4: Provide all law enforcement agencies with the ability to access a Designated Mental Health Professional twenty-four (24) hours a day through the use of � Skype/Facetime Outcome #4: Purchase of 12 tablets/phones to be used by the Crisis Intervention Officers in the field. Data Collection The Contractor will provide a Quarterly Report to the Kitsap County Human Services Department by October 31, 2016: January 31, April 30, July 31, and October 31, 2017; and January 31, 2018 each year funding is received under this grant, detailing progress made on program outcomes during the quarter, what other funding sources have been investigated, and what the future potential for alternative funding is. In addition, outcomes identified in the Evaluation Plan for Mental Health, Chemical Dependency and Therapeutic Court Programs will be reported. KC-249-16 City of Bremerton 6-28-16 is Billinq and Pavment Contract payments to Contractor shall be requested using an invoice form, which is supplied by the County. Contractor invoices must be sent to the County by the fifteenth (15th) calendar day after the end of the month. The Contractor is authorized to receive payments in accordance with the cost reimbursable budget included under this contract. The Contractor will comply with the following standards as applicable. Reimbursement Request— Upon Completion of each month, the Contractor must provide to the County a written explanation of expenditures which are less than 90% of, or more than 115% of the year-to-date budgeted total. All payments to be made by the County under this contract shall be made to: City of Bremerton 1025 Burwell Street Bremerton, WA 98337 The contract shall not exceed the total amount indicated on the cover sheet of this contract and any other modifications hereof. I KG249-16 City of Bremerton 6-28-16 » ATTACHMENT C: BUDGET SUMMARY ..__._ 1.......---�---._..._.....�----.!.......-- �--.�---._.._.__...�_.-----1--....-- -..-...... i Kitsap County Human Services Department ----...._..- --- ---�-� --- -- -..__...._. ...�.__..........-------................-- -�---..........._.... E�enditure Plan: July 1,2016-December 31,2017 ----- -----.... ------,..---�--- -r� - --�-- ---- --1-----_-�---- ; _� ----- _.__� .� Agency Name: City of Bremerton i i I ^ ` Project Name: �Crisis Intervention and Triage for Law Enforcement i � —�— _...-- -�- :—...----�--._........_ —._...—..._ . _co�tr��e:__I 561,a6o i I --�co�tr��ca 'KC-24316 I-- -.---- —.--—. � � � i I � ' � -----= , _..-i ----..._._......__...J........__...---�--..._...._�. � � � _........_,— —._.. .....-�----�----- - --�-�--- --....._...-- -- I---- ----- � i � co�t�� /�/wie w/�/Zoie �/�/zoi� a/�/zm> >/�/Zov 30/1/2017 Total ------- ---- -- ---�--------...._._. _.__... ---�- - --- ---...---.._; Lineltem 9/30/2016 12/31/2016 3/31/2017 6/30/2017 9/30/2017 12/31/2017 Budget Personnel Manager and Staff(Program Relat - - _ _� -t FnngeBen�ts � - - - - I Su lies&E ui ment 1,215.00 1,215.00 1,215.00 1,215.00 1,215.00 1,225.00 7,300.00 ' E ui ment � - � OfficeSup lies � 415.00 415.00 415.00 415.00 415.00 425.00 ' 2,500.00 �! ---� Otfier:Phones/Tablets 800.00 800.00 800.00 800.00 800.00 800.00 4,800.00 � Administration I 6,930.00 6,930.00 6,930.00 6,930.00 6,930.00 6,950.00 41,600.00 ! Advertising/MarkMing - - - ' - j Audit/Accounting � - - - - ___� Communication � - - - _ _.__� Insurante/Bonds � - - � - Postage/Printing I - - - - - - - Training/Travel/Transportation 4,730.00 4,730.00 4,730.00 4,730.00 4,730.00 4,750.00 28,400.00 � %Indirect � - - - Other:Enhanced Backfill 2,200.00 2,200.00 2,200.00 2,200.00 2,200.00 2,200.00 '13,200.00 -� Other(Describe): � - - - - � i 0 ereUons&Maintenance 160.00 2,160.00 2,160.00 2,160.00 2,160.00 2,160.00 72,960.00 � Janitorial5ervice � - MaintenanceContrects - - - - - - ...._f MaintenanceofExistingLandscapi - - - - - � Repair of Equipmentand Property ' - ___{ Utilites � - - - - . . --..; OMer:Wireless Contract 2,160.00 2,160.00 2,160.00 2,160.00 2,160.00 2,160.00 12,960.00 Other(DescnbeJ: � - - - � � ' Other � _� DebtService � - - - ' ; Other�Describe►: � - - - - - I• Other(Descnbe�: � - - - _-� � Pro ect Budget Total $ 30,305.00 S 10,305.00 S 10,305.00 $ 10,305.00 $ 10,305.00 S 10,335.00 S 61,860.00 ____ � KC-249-16 City of Bremerton 6-28-16 18 AGENDA BILL 7 E CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3273 Study Session Date: July 13, 2016 approving Phase 2 of the Bayside Final Plat COUNCIL MEETING Date: July 20, 2016 located off of Anderson Hill Road Department: DCD Presenter: Kristin Moerler Phone: 360.473.5279 SUMMARY: The action before City Council is to approve Phase 2 of the Bayside Final Plat located off of Anderson Hill Road. Preliminary Plat was granted by the Administrative Hearings Examiner in January of 2007 for the subdivision of 56 acres into 294 lots, associated open space tracts, and Right-of-Way. This proposal will grant final subdivision approval for 165 lots associated open space tracts, and Right-of-Way. The applicant has met the conditions of the Preliminary Plat Approval with bonding for infrastructure completion and therefore the City Engineer and Community Development Director recommend Final Plat Approval with the conditions included in the resolution. ATTAC H M ENTS: 1. Resolution No. 3273 granting conditional Final Plat approval with 2. Exhibit A (map of proposed plat). FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: o No Presentation � Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business � Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3273 approving Phase 2 of the Bayside Final Plat; and authorizing the City Council President to sign the Plat Document. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07l15 RESOLUTION NO. 3273 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving Phase 2 of the Bayside Final Plat(File No. BP16-00033). WHEREAS, On Januazy 31, 2007 the Administrative Hearings Examiner granted Preliminary Plat approval after holding an open record public hearing to divide 56 acres into 294 housing units, and WHEREAS, Phase 1 Bayside Final Plat was recorded on June 10, 2013, and WHEREAS, Phase 2 of the Bayside Final Plat includes 1641ots with associated open space tracts, and Rights of Way, and WHEREAS, after preliminary plat approval, the applicant submitted and received approval for Site Development Permit Plans documenting the final infrastructure plans for the plat; and WHEREAS, the applicant has posted performance bonds for the public and private infrastructure required in the preliminary plat approval; and WHEREAS, the applicant has proposed three areas of construction with separate bonds to allow the construction and acceptance of the infrastructure to be phased within the division; and WHEREAS, the applicant has agreed to substantially complete all infrastructure within each construction area prior to issuance of any residential building permits within that area of the plat; and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met or bonded for and Final Plat approval is requested; WHEREAS,the City Engineer and DCD Director recommend approval of Phase 2 of the Bayside Final Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Phase 2 of Bayside Final Plat as represented by the schematic drawing in Exhibit A titled "Freestone at Bayside Division Two" is hereby approved, subject to the following conditions: 1. The stormwater maintenance agreement shall be executed with the City Public Works Department and recorded against the property prior to the recording of the final plat document; and 2. The lot corners, landscape and open space improvements contained in Phase 2 and bonded for with the Department of Community Development, shall be completed by the applicant and accepted by the City within the timelines established within the bonds unless an extension is granted by the Director of Community Development; and 3. The Public infrastructure and onsite mitigation requirements, constructed with Phase 2 and bonded for with the Department of Public Works, shall be completed by the applicant and accepted by the City the timelines established within the bonds unless an extension is granted at the discretion of the City Engineer; and 4. No building permit within Phase 2 will be issued for residential construction unless the infrastructure improvements within that construction area have been substantially completed and accepted by the City. Substantially complete shall generally include functional utilities and complete streets. At the discretion of the Community Development Director and City Engineer, the following types of items may not be required for substantial completion, but are required prior to bond release: a. Street lighting; applicant shall demonstrate that the required street lighting is on order, and agree to conditions on each building permit requested prior to installation of the lighting that document the installation of street lighting is required prior to occupancy. b. Minor punch list type items that do not affect occupancy of the residences. c. Installation of landscape materials. SECTION 2. The City Council President is hereby authorized to sign the Plat Document. SECTION3. Severabilitv. If any one or more sections, subsections, or sentence 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. �fective 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 , 2016. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. 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The vendor carried this amount over 3 years with 3 years payments of$6,366.00 per year with the last payment in July of 2015. Sophos is retiring this equipment in two years and they are no longer offering discounted, multi-year support and licensing agreements for this firewall. It has now become more expensive to keep the existing firewall than it would be to upgrade to a new one. To continue licensing the existing firewall (Proposal Option 1) will cost the City $25,874 over 2 years. To upgrade (Proposal Option 2), the City will spend $30,896 over 3 years. Staff is recommending the City pursue proposal option 2. ATTAC H M ENTS: 1) Trebron proposal 2) Trebron Purchase Agreement FISCAL IMPACTS (Include Budgeted Amount): 1) The recommended proposal will cost $30,896.25 plus tax. Trebron will amortize this expense over 3 years at no cost to the City. This will result in a 2016 expenditure of$10,298.75 plus tax. We already have a $7,600.00 line item in the 2016 budget for firewall support leaving $3,594 remaining to fund. This amount will be absorbed into the existing 2016 expenditure budget with no budget adjustment anticipated. 2) 2017 and 2018 payments will be built in to the respective budgets. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the Trebron Company, Inc. proposal option 2 to replace the City's main firewall; and authorize the Mayor to finalize and execute the purchase agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 r e r o n soPwos � ----_.._.� ____...-.---www.trebron.com Platir+um Partner COMPANY lNC. June 8, 2016 Billed to: Trebron Company, Inc. City of Bremerton 5506 35th Ave. N.E. 345 6th Street, Suite 600 Seattle,WA 98105 Bremerton, WA 98337-1873 Attn: Scott Griffin 360-275-9100 (Direct) Attn: Kevin Matthew 360-473-5473 Main Office: 206-527-3477/800-499-3079 kevin.matthew(c�ci.bremerton.wa.us sa riffi n(a�tre b ro n.co m Quote Number Quote Valid Until Payment Terms 06082016-SPG 7-8-2016 S ecial Trebron Pa ment Plan/Net 30 Option 1: Proposed 2 Year Renewal Pricing through 7-8-2018 Qty Included Components Term Total Price Users Months $USD 300 So hos UTM End oint Protection 24 $ 5,745.00 1 So hos UTM 525 FuIlGuard—Net/Web/Email/Webserver/Wireless 24 $20,129.00 Total(Excluding tax and shipping as applicable): $25,874.00 Special Trebron Payment Plan ❑ Payment 1 Due July 31,2016 $12,937.00 ❑ Payment 2 Due July 31, 2017 $12,937.00 Option 2: Proposed 3 Year Pricing — Upgrade/New Hardware Qty Included Components Term Total Price Users Months $USD 300 So hos Cloud End oint Protection Advanced—Government 36 $7,226.25 1 So hos TotalProtect 24x7, 3-Year Includes SG450 A liance 36 $22,800.00 4 Trebron Enter rise Consultin — De lo ment—Hourl - $ 870.00 Total(Excluding tax and shipping as applicable): $30,896.25 Special Trebron Payment Plan ❑ Payment 1 Due July 31, 2016 $10,298.75 ❑ Payment 2 Due July 31, 2017 $10,298.75 ❑ Payment 3 Due July 31, 2018 $10,298.75 Notes: • Licenses-granted pursuant to the terms of the Sophos End User License Agreement(EULA) Order Confirmation: Please sign and fax to(206-527-4288)or email to your Trebron Account Executive. I understand that by signing this Purchase Order/Quote confirmation I agree to the following: • I am authorized by the"billed to"party to purchase the item listed above. • All information is accurate with regard to price,description,quantity and billing address. • The"billed to"party agrees to pay the invoice in accordance with terms of Net 30. • Late Charges will be billed after 30 days at 18%rate of interest including, but not limited to legal fees to collect. • Product licenses provide rights to utilize the aforementioned software to a maximum of the quoted quantity. • This quote shall in no way be construed as creating an obligation on the part of Sophos, but rather indicates a right and intent to enter into an agreement with the"billed to"party described above. • To take advantage of the Trebron Payment Plan a"Trebron Purchase AgreemenY'will also need to be signed. Authonzed Signature: Date: Print name: Title• Seattle,WA(Corporate) 5506 35`h Ave NE,Seattle,WA 98105 � Office(206)527-3477 � Fax(206)527-4288 Springfield,MO � Office(417)473-9199 � Fax(206)527-4288 Purchase Order#� Ship to address same as Billed to� ❑Yes ❑No Ship to Address: Option 1❑Yes ❑No Option 2❑Yes ❑No Tre� ron SOP"os . _ ._..--------�------..__.r_..---._W.�..�__.............. www.trebron.com Platinum'Partner � COMPANY INC. �---�-� �-M_�"� Date: June 8,2016 Buyer: City of Bremerton Trebron Account Executive: Scott Griffin Trebron Company, Inc. 5506 35`h Ave. N.E. Seattle,WA 98105 Mailing 345 6`h Street, Suite 600 Telephone: 206-527-3477 Corporate Address: Bremerton,WA 98337-1873 Telephone: 360-275-9100 Direct Email: sqriffin(a�trebron.com Purchase Agreement 3 Years The Parties hereto, "Buyer,"Ciry of Bremerton and"Seller,"Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, "Product"as listed in the table below for$30,896.25(Thirty Thousand Eight Hundred Ninety Six United States Dollars and 25/100), plus applicable shipping costs and sales tax, unless Bu er is exem t from the a ment of such tax and rovides Seller with evidence of such exem tion. Qty Included Components Term Total Price Users Months $USD 300 So hos Cloud End oint Protection Advanced–Government 36 $ 7,226.25 1 So hos TotalProtect 24x7, 3-Year Includes SG450 A liance 36 $22,800.00 4 Trebron Enter rise Consultin – De lo ment–Hourl - $ 870.00 2. Payment: To be made to Seller in three annual installments of$10,298.75 each. The first payment is due on or before July 31, 2016. The second payment is due on or before July 31, 2017.The third and final payment is due on or before July 31, 2018. Payment Terms are net thirty(30)days from date of invoice. All payments shall be by check made payable to Trebron Company, Inc. at the address listed above. 3. Term: Buyer's license for the product expires approximately 7-8-2019(3 years). 4. Representations: Buyer understands that Seller is a reseller of hardware and software products. Buyer acknowledges that it has not relied on any representations by Seller and has independently investigated the products and determined the suitability of the products for Buyer's intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufacturers'warranties for Product acquired by Seller for Buyer, including Licensor's warranties for Product. Except for the foregoing, Seller shall deliver the Product"as is" and Seller makes no other warranty, express or implied, including any warranty of inerchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use, even if Seller has been advised of the possibility of such damages. In no event shall Seller's entire liability under this agreement exceed the price of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold harmless Seller, its employees and its agents from and against all damages, claims and liabilities of every nature whatsoever, including but not limited to reasonable legal expenses,arising in connection with or out of the improper or unauthorized operation use or repair of the products furnished to Buyer. 8. Late Fees: Late payments shall accrue interest beginning from the payment due date at a rate of eighteen percent (18%)per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety(90)days past due, Seller may declare the entire amount due and owing in addition to accrued fees and costs. Buyer's failure to pay under this agreement may result in termination of Buyer's software license. 9. Cancellation: Once Seller has accepted Buyer's order, Buyer cannot cancel the agreement, in whole or in part, without Seller's express written consent. Such cancellation is conditioned upon Buyer's reimbursement to Seller for all costs incurred by Seller in connection with the order up to the time of cancellation—including, but not limited to Seller's cost for cancellation. 10. Attorney's Fees: In the event any cost or expense, including reasonable attorney's fees ("Costs") are incurred in the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in addition to damages. Seattle,WA(Corporate) 5506 35'h Ave NE,Seattle,WA 98105 � O�ce(206)527-3477 � Fax(206)527-4288 Springfield,MO O�ce(417)473-9199 � Fax(206)527-4288 Page 1 of 2 11. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any and all actions shall be in the state or federal courts of Kitsap County,Washington. 12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor. 13. Miscellaneous:This Agreement must be executed on or before 7-8-2016 or it becomes void. 14. Waiver:The waiver of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only if presented in writing. 15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, all other provisions of this Agreement shall remain in full force and effect. 16. Entire Agreement:This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing with execution by both parties. � City of Bremerton IT Director Signature Business Office Signature-Required Printed Name Printed Name Title Title I Date Date Must be signed by an authorized representative of Buyer Billing Information Trebron Company� �IIC. Do you accept invoices via Email? Y❑ N ❑ Signature Accounts Payable Contact Norbert van Dam Printed Name Email Address President Title Phone Date Page 2 of 2 AGENDA BILL � � CITY OF BREMERTON CITY COUNCIL . SUBJECT: Contract with Fields Roof Study Session Date: July 13, 2016 Service, Inc. for the Police Facility East COUNCIL MEETING Date: July 20, 2016 Section Roof Replacement Department: Public Works & Utilities Presenter: Wayne Hamilton Phone: 360-473-5207 SUMMARY: Call for bids was prepared, advertised, distributed and received in accordance with City Bid Procedures for the Police Facility East Section Roof Replacement. Four (4) companies requested bid documents; only one (1) bid was received from Fields Roof Service, Inc. out of Kent, Washington. ATTACHMENTS: 1) Bid Tabulation Form; 2) Contract FISCAL IMPACTS (Include Budgeted Amount): $60,000 included in the 2016 Facilities budget funded from REET. Additional REET funding of$28,913.34 is needed to cover project costs. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing I RECOMMENDED MOTION: Move to approve a contract with Fields Roof Service, Inc. in the amount of$88,913.34 for the Police Facility— East Section Roof Replacement; and authorize the Mayor to execute the contract in substantially the same form as presented; and to authorize the transfer of up to $30,000 from Real Estate Excise Tax receipts to fund the project. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 CITY OF BREMERTON - BID TABULATOAN BID. � police Facility—East Section Roof Replacement �OPENED Chris Mottner TRLE: - BY: �'DATE �-TIME � RECORDED OPENED:_ 5/5/16 -, OPEPIED: ` 2=00PM BY: Shannon Corin NAME OF-BIDDER � � � BOND -BASE BID . SALES TAX : TOTAL . %�—t.� G��" c�i2l�l C� �S `� �b� ��7•!� 7 � ��•.. � � �� . �� . ... _ _ .. . � - SUMMARY . _. ... - ENGINEER ESTIMATE (INC SALES TAX) $60,000.00 APPARENT LOW BIDdER �- ) �"i�L�17 l�DY .�-S��L� $ � T� ?J' . 3'. SECOND LOW BIDDER $ THIRD LOW BIDDER $ PUBLIC WORKS AGREEMENT (Page 1 of 8) THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Fields Roof Service, Inc. ("Contractor"), whose mailing address is 25924—78�h Avenue S. Kent, Washington 98032. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Work to be completed under this contract generally include, but is not limited to: • Removal and disposal of all material, insulation and existing east section roof. • Removal and disposal of all existing vent flashing, penetration flashing, equipment flashing, edges and perimeter coping. • Supply and install new vent flashing, edges, equipment flashing and vent boots, as required. • Supply and install new rigid insulation panels with an R-Value of R-30 and raise any penetrations and roof edges to accommodate the new insulation and roofing thickness. I • Supply and installation of an 80 mil PVC membrane roof system or City approved equal, to approximately 6300 square feet of roof sutface. • Supply and install new 26 gauge perimeter coping metal, and all other materials and work, as required for a completed roof replacement project, per the technical specifications. All installations shall be complete including performing such incidental or other work as may be necessitated by these operations. See other specifications for additional information. 2. TIME OF COMPl.ETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City's Notice to Praceed. 3. COMPENSATION. The City shall pay the Cantractar the total amount of $81,797.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Con#ractor, shaU provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and untii settlement of any liens filed under Chapter 60,28 RCW, whichever is later. PUBLiC 1VORKS ACiR�G�1ENT (Lietw•een the City of Bremcrton;ind Piclds ItooTServicc,lnc.) _ZS_ (Page 2 of 8) 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub- contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to execute the work with such diligence as will ensure its physical completion within the origina( physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E, The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and negiects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement far good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to eommencing the Contract work. Contractor shall pay p�evailing wages and comply with Chap#er 39.12 of the Revised Code of Washington, as we11 as any other applicable prevailir�g wage rate provisions. The latest prevailing wage rate revision issued by tha PL'BLIC�4'ORKS A�REE3IENT (tietwecn thc f,iq•wf Bremerton at►d Giclds Rnnf Scrvice,lnc.) -26- Department of Labor and industries is attached. (Page 3 of 8) 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest bv the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written pratest within five (�) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Conkractor's recards needed for evaluating the protest. Pus��c wo�Ks�c�L�yt�;v�r (Behvecn the Ciry of Brcmerton ond Ficlds Ruof Scrvicc,lnc.) _?�- (Page 4 of 8) 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust paymen# for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Co�ntractor's Acceptance of Chanaes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to fallow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only ifl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CI.NfMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Con#ractor must, in any event, file any claim or bring any suit arising from or connected with this agreem�nt within 120 calendar days from the date the contract work is complete. FU}�I.IC«�ORKS AGREEAI(;1VT (Behreen tlic City of Qremcrton and Fields Rouf Service,Inc.) .yg. (Page 5 of 8) 9. WARRANTY. The Contracto� shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected�, the warranty for that portion � of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven�(7) calendar days of its receipt of notice f�om the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. . 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits inc(uding all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when comp�eted shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICAT(ON CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEG�TIATED THIS WAIVER. The provisions of fhis section shall survive the expiration or termination of this agreement, 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work. by the Contraetor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit p�r occurcenc� and PUBLIC�1'VORKS AGREEAtENT (Bcqveen the City of Bremcrton and Fields Roof Sen�icc,lnc.) -�9- (Page 6 of 8) $2,000,000 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; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contrac#or'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. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be perFormed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, color, sexual orientation, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and avaitable to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and I�cal laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, YUBLIC�VORkS AGitECMEnT ([3ehvicea thc City of Bremerh3n and Fields RooPScrvicc,Inc.) -30- (Page 7 of 8) tools, or other articles used or held for use in connection with the work. D. Non-waiver of Breach. The failure of the City to insist upon strict perfarmance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' pertormance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right#o indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, altera#ion, or modification of any af the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severabilitv. If any one or more sections, sub-sections, or sentences af this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all priar verbal statements by any representative of the City, and those statements shatl not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the PUBLIC WORIiS AGREEAiENT ([3ehveen the City of Brcmerton and Fields Rouf Sen'icc,Inc.) -31- (Page 8 of 8) terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chris Mottner Inventory/Facilities Supervisor Public Works and Utilities 100 O�ster Bay Ave N Bremerton. WA 98312 (360) 473-2316 (3601473-5360 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton Cify Clerk PURLIL WORKS ACREE:MEhT (Beriseee the City uf Bremerton und Fiefds Roof Scrvice,Inc.) -32- AGENDA BILL 7 H CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3274 Study Session Date: July 13, 2016 authorizing the Mayor to make a formal COUNCIL MEETING Date: July 20, 2016 Application to the Salmon Recovery Funding Department: PW&U Board for Grant Assistance for Northlake Way Presenter: Kathleen Cahall Phone: 360-473-5758 SUMMARY: The City of Bremerton has submitted a draft grant application to the Washington State Salmon Recovery Funding Board (SRFB) to complete a feasibility study and preliminary design for the replacement of the culvert from Kitsap Lake into Kitsap Creek at Northlake Way and Kitsap Lake Rd. The Recreation and Conservation Office that oversees the SRFB requires a resolution to authorize the City of Bremerton Mayor to make formal application to the SRFB. Final application is due in August along with the approved Authorization Resolution. The text of this resolution was provided by the Washington State Recreation and Conservation Office; per that Office, only limited alterations to the text were allowable and made to fit the City's format. ATTACHMENTS: 1) Resolution No. 3274; 2) Exhibit A— Grant program Project Agreement template FISCAL IMPACTS (Include Budgeted Amount): This action allows the City to make formal application for a $152,200 SRFB grant STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3274 authorizing the Mayor to make formal application to the Salmon Recovery Funding Board for Grant Assistance for Northlake Way COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3274 A RESOLUTION of the City Council of the City of Bremerton, Washington authorizing submitting an application for grant funding assistance for Northlake Way Preliminary Design, a salmon recovery project, to the Salmon Recovery Funding Board. WHEREAS, authorization is needed for submitting an application for grant funding assistance for Northlake Way Preliminary Design, a salmon recovery project, to the Salmon Recovery Funding Board, as provided in RCW 77.85, WAC 420 and subsequent Legislative action; and WHEREAS, under the provisions of the Salmon Recovery Act, state grant assistance is requested to aid in financing the cost of restoration design;and WHEREAS, our organization considers it in the best public interest to complete the project described in the application;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor is authorized to make formal application to the Salmon Recovery Funding Board for grant assistance. SECTION2. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's web site at: http://www.rco.wa.gov/documents/ manuals&forms/SampleProjAgreement.pdf(Exhibit A) and authorize the Mayor to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign , immunity(applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. ,SECTION 3. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above,the Evergreen Park Nearshore Restoration Design project. SECTION 4. Our organization expects our matching share of project funding will be derived from Stormwater Utility fund 484 and meets the requirements of WAC 420-12-040. In addition, our organization understands it is responsible for supporting all non cash commitments to this project should they not materialize. SECTION S. We acknowledge that if the Salmon Recovery Funding Board approves grant assistance for the project,the Recreation and Conservation Office will pay us on only a reimbursement basis, except for a specially approved advance payment. We understand reimbursement basis means that we will only request payment from the Recreation and 1 Northlake Way Preliminary Design Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. The Recreation and Conservation Office may approve advance payments in limited circumstances, pursuant to WAC 420-12-060 and the policy outlined in Manual8, Reimbursements, located online at http://www.rco.wa.gov/documents/manuals&forms/manual 8- reimbursement.pdf. SECTION 6. We acknowledge that any property restored be maintained for a period of ten years after the project is complete unless otherwise provided and agreed to by our organization and the Salmon Recovery Funding Board. , SECTION 7. This application authorization becomes part of a formal application to the Salmon Recovery Funding Board for grant assistance. SECTION 8. We provided appropriate opportunity for public comment on this application. SECTION 9. We certify that this Resolution was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. SECTION 10. 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 11. Eff'ective 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 , 2016. ERIC YOLINGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk 2 Northlake Way Preliminary Design 'yo;�%: WASNINGTON STATE (Grant Program) Project Agreement Recreation and (Grant Program Account or Category) ___. :� Conservation Office Project Sponsor: Project Number: Project Title: Approval Date: A. PARTIES OF THE AGREEMENT This project grant Agreement(Agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or board)]or the [Salmon Recovery Funding Board (SRFB or board) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,Washington 98504- 0917 and [parent organization name if it exists] [by and through the][child organization name]Address, City, State,Zip Code (sponsor)and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the[Account Name]of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The project will........ D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on [Project Start Date] and end on [Project End Date]. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. , Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date, the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. E. ON-GOING OBLIGATION For[acquisifion, development, renovation and restoration projects]the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified in the Agreement or as approved by the funding board. It is the intent of the funding board's conversion policy(see section 23)that all lands acquired and or facilities and areas [developed, renovated, or restoredJ with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed RCO total. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount [Grant Program-account-category] Project Sponsor Total Project Cost 100 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, project summary, eligible reimbursement activities report, project milestones, and the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein. Except as provided herein, no amendmenUdeletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendment/deletions must be signed by both parties except WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 1 of 23 PROJAGR.RPT the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This Agreement is governed by, and the sponsor shall comply with,.all applicable state and federal laws and regulations, IC1CIUdlf19 CF18Pt@f[REVISED CODE OF WASHINGTON SECTION�S�] RCW, [Chapter 286 WAC or Chapter 420 WAC], and published agency policies,which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through the following federal funding source. Federal Agency: Catalog of Federal Domestic Assistance: Federal Award Number: Federal Fiscal Year: If the sponsor's total federal expenditures are$500,000 or more during the sponsor's fiscal-year, the sponsor is required to have a federal single audit conducted for that year in compliance with Office of Management and Budget CircularA-133. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor's fiscal year, unless a longer period is agreed fo in advance by the cognizant or oversight agency. Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO Agreements. K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Proiect Contact RCFB-SRFB Name: Recreation and Conservation Office Title: Natural Resources Building Address: PO Box 40917 E-mail Address Olympia,Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This Agreement,with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement,for project(Number], shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 2 of 23 PROJAGR.RPT Project Sponsor By: Date: � Name: (printed) Title: State of Washington On behalf of the[Recreation and Conservation Funding Board or Salmon Recovery Funding Board] By: Date: [RCO DIRECTOR NAME] Director, Recreation and Conservation Office Pre-approved as to form: sY: /s/ Date:_�_June 7, 2013 Assistant Attomey General WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 3 of 23 PROJAGR.RPT '�;�.� WASMINGTONSTATE Standard Terms and Conditions Recreation and ..,�:� ConseNation Office of the Project Agreement Project Sponsor: Project Number: Project Title: Approval Date: SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement,the following terms shall have the meaning set forth below: acquisition—The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement—The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements. applicant—Any agency or organization that meets the qualifying standards, including deadlines,for submission of an application soliciting a grant of funds from the funding Board. application—The documents and other materials that an applicant submits to the RCO to support the applicanYs request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. asset—Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency—Federal agency responsible for ensuring compliance with federal audit requirements. contractor—Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term "contractor"and "contractors"means contractor(s)in any tier. development—The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat conservation resources. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. elements, items and work types—Components of the funded project as provided in the project description. funding board—The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board (SRFB)created under chapter 77.85.110 RCW. grantee The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement—A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. 1NWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 4 of 23 PROJAGR.RPT lower tier participant—refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone—An important event with a defined deadline for an activity related to implementation of a funded project. period of performance—The time period specified in the Agreement, under Section D, period of performance. post evaluation summary—One of the documents used to summarize and describe the actions undertaken in the Agreement. project—The undertaking that is the subject of this Agreement and that is, or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO—Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement—Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation- The activities intended to improve an existing site or structure in order to increase its service life or functions.This does not include maintenance activities. restoration—Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP- Recreational Trails Program—A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors, only one—the primary sponsor—may be the fiscal agent. sponsor—The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. subgrantee—the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 5 of 23 PROJAGR.RPT way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by,the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b)the State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable, , the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of inethods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's, its agents',officers' and employees'failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier,or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 6 of 23 PROJAGR.RPT The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of, or performance under,this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non- public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage;Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 7 of 23 PROJAGR.RPT Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12)are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis- Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 70.105D.020(10)RCW, and certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed"clean." B. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 8 of 23 PROJAGR.RPT C. Hold Harmless.The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. SECTION 11. RECORDS A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C)below. If any litigation, claim or audit is started before the expiration of the six(6) year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. B. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, , review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state o�cials so authorized by law, regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings, ' conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130(8), , sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s)to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s)to RCO.Assets shall be used only for the . purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 9 of 23 PROJAGR.RPT If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize,where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 15. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http://www.gsaig.gov/index.cfm?LinkServID=C4C89080-DZBE-D29A-96355D44A13E4356 The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. B. For State Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at www.lni.wa.qov/TradesLicensinq/PrevWaae/AwardinqAQencies/DebarredContractors/ SECTION 16. PROJECT FUNDING A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance. No expenditure made, or obligation incurred,following the period of performance shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 10 of 23 PROJAGR.RPT reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent(10°/a)of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete"when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place(if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. WWRP Pro�ect Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 11 of 23 PROJAGR.RPT SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION,AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development, renovation, and restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1)publish a notice to the public requesting bids/proposals for the project(2)specify in the notice the date for submittal of bids/proposals (3) specify in the notice the general procedure and criteria for selection; and (4)comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term lease, easement, or fee simple ownership)for the land proposed for development, renovation, or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction ' of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG) Program.The best management practices are described in three documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and "Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the . acquisition of interest in real property(including easements)for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 12 of 23 PROJAGR.RPT recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease � is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection(1)above and/or state law set out in subsection(2)above, are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9—Archaeological and Cultural Resources before structures are removed or demolished. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY ANDIOR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy,current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 23 PROJAGR.RPT approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement,this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease, easement,deed, or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS � For acquisition, development, renovation, and restoration projects, sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the projecYs intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. For acquisition, development, renovation and restoration projects,facilities open and accessible to the general public must: A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code,the Americans with Disabilities Act, and the Architectural I Barriers Act, as updated. B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. C. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. SECTION 25. INCOME AND INCOME USE A. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW). B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,timber harvesting, farming, etc.)are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 14 of 23 PROJAGR.RPT 1. The sponsor's matching funds; 2. The projecYs total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development and renovation. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership,andlor permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so,the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). SECTIOM 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000)for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 15 of 23 PROJAGR.RPT firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates.Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others,for any and all remedies that may be available by law. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund (LWCF),the"Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs • Section 10- Hazardous Substances • Section 14-Stewardship and Monitoring • Section 22—Provisions applying to Acquisition Projects, Sub-sections F and G • Section 23—Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24—Construction, Operation and Maintenance of Assisted Projects Sub-sections E, F, G and • Section 25- Income and Income Use. SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project Agreement including attachments; C. Special Conditions; D. Standard Terms and Conditions of the Project Agreement. SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 16 of 23 PROJAGR.RPT SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee,and attached to the original Agreement. SECTION 35. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 36. SPECIFIC PERFORMANCE. The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement. However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the O�ce of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 17 of 23 PROJAGR.RPT C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice, beginning on the second day after the mailing,terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlavuful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 39. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 40. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 18 of 23 PROJAGR.RPT A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. B. Any judicial award, determination, order, decree or other relief,whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any moneyjudgment or award against a Tribe,tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance, or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys'fees. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 19 of 23 PROJAGR.RPT Eligible Scope Activities Project Sponsor: Project Number: Project Title: Project Type: Program Approval Project Metrics Project Acquisition Project acres by purpose type: Habitat Conservation 18.00 Public Access 32.00 Miles of shoreline protected: 1.00 Sites Improved Project areas developed: 2.00 Project areas renovated: 0.00 Acquisition Metrics Property: Worksite #1 Real Property Land Acres by Acreage Type(fee simple): Uplands 17.00 Tidelands 33.00 Existing structures on site: No structures on site Clean up of hazardous substances required (yes/no): Unknown Incidentals Signs(Acq) Number of permanent signs that identify site and funding partners 1 Development Metrics Property: Worksite #1 Buildings and Structures Construct/install restroom Number of restrooms: 1 new, 0 renovated Select the restroom type: Vault toilets General Site Improvements Develop paths/walkways Select the surface of the path/walkway: Compacted gravel Linear feet of path/walkway: 1200 Walkway lighting provided (yes/no): No Number of walkway bridges: 0 new,0 renovated Develop viewpoint Number of designated viewpoints: 1 new,0 renovated Select the viewpoint structures: Benches/seating Install signs/kiosk Number of kiosks: 0 new, 0 renovated Number of interpretive signs/displays: 5 new,0 renovated Number of permanent entrance signs: 1 new,0 renovated Project involves installation of informational signs(yes/no): ELIGREIM.RPT Date Page Parking and Roads Parking development Number of vehicle parking stalls: 8 new,0 renovated Number of vehicle with trailer parking stalls: 0 new, 0 renovated Number of accessible parking stalls: Vehicle with trailers 0 Vehicle 1 Select the parking surfaces: Gravel Select the parking enhancements: Entry gate,Wheel stops ELIGREIM.RPT Date Page Legal Description Project Sponsor: Project Number: Project Title: RCO Approval: Worksite Name Property Name Legal Description Worksite#1 The legal description of the property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right)shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALDSC.RPT Date Page Milestone Report by Project Project Number: Project Name: Sponsor: Project Manager: . .- . � . . � • . . X Project Start 08/01/2014 Please provide the X Baseline Documentation to RCO 10/01/2014 prelimary title report for the property prior to closing X Survey Complete 10/31/2014 X Order Appraisal(s) 11/01/2014 X ! Progress Report Submitted 01/15/2015 X � Order Appraisal Review(s) 03/15/2015 X � Purchase Agreement Signed 03/31/2015 X � Acquisition Closing 06/30/2015 X Funding Acknowl Sign Posted 06/30/2015 X ! Progress Report Submitted 06/30/2015 X Recorded Acq Documents to RCO 07/30/2015 X � Annual Project Billing 07/31/2015 X � Cultural Resources Complete 12/31/2015 X � Progress Report Submitted 01/15/2016 RCO Final Inspection 02/01/2016 ! Agreement End Date 06/30/2016 Final Billing to RCO 07131/2016 Final Report in PRISM 07/31/2016 X=Milestone Complete !=Critical Milestone 1 MILESTO.RPT Date Page AGENDA BILL � CITY OF BREMERTON 7 CITY COUNCIL . SUBJECT: Resolution No. 3275 Study Session Date: July 13, 2016 authorizing the Mayor to make formal COUNCIL MEETING Date: July 20, 2016 Application to the Salmon Recovery Funding Department: PW&U Board for Grant Assistance for Parish Creek Presenter: Kathleen Cahall Phone: 360-473-5758 SUMMARY: The City of Bremerton has submitted a draft grant application to the Washington State Salmon Recovery Funding Board (SRFB) to complete a design for the replacement of a culvert on Parish Creek at the West Belfair Valley Rd. The Recreation and Conservation Office that oversees the SRFB requires a resolution to authorize the City of Bremerton Mayor to make formal application to the SRFB. Final application is due in August along with the approved Authorization Resolution. The text of this Resolution was provided by the Washington State Recreation and Conservation Office; per that Office, only limited alterations to the text were allowable and made to fit the City's format. ATTACHMENTS: 1) Resolution No. 3275; 2) Exhibit A— Grant program Project Agreement template FISCAL IMPACTS (Include Budgeted Amount): This action allows the City to make formal application for a $151,245 SRFB grant. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3275 authorizing the Mayor to make formal application to the Salmon Recovery Funding Board for Grant Assistance for Parish Creek. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3275 A RESOLUTION of the City Council of the City of Bremerton, Washington authorizing submitting an application for grant funding assistance for Parish Creek Restoration Design, a salmon recovery project, to the Salmon Recovery Funding Board. WHEREAS, authorization is needed for submitting an application for grant funding assistance for Parish Creek Restoration Design, a salmon recovery project, to the Salmon Recovery Funding Board, as provided in RCW 77.85, WAC 420 and subsequent Legislative action; and WHEREAS, under the provisions of the Salmon Recovery Act, state grant assistance is requested to aid in financing the cost of restoration design;and WHEREAS, our organization considers it in the best public interest to complete the project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor is authorized to make formal application to the Salmon Recovery Funding Board for grant assistance. SECTION2. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's web site at: http://www.rco.wa.�ov/documents/ manuals&forms/SampleProjAgreement.pdf(Exhibit A) and authorize the Mayor to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the project agreement will contain the indemnification(applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. SECTION 3. Any grant assistance received will be used for direct costs associated with implementation of the project referenced above, the Evergreen Park Nearshore Restoration Design project. SECTION 4. Our organization expects our matching share of project funding will be derived from Stormwater Utility fund 484 and meets the requirements of WAC 420-12-040. In addition, our organization understands it is responsible for supporting all non cash commitments to this project should they not materialize. SECTION 5. We acknowledge that if the Salmon Recovery Funding Board approves grant assistance for the project, the Recreation and Conservation Office will pay us on only a reimbursement basis, except for a specially approved advance payment. We understand reimbursement basis means that we will only request payment from the Recreation and Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. The Recreation and Conservation Office may approve advance payments in � 1 . Parish Creek Restoration Design limited circumstances,pursuant to WAC 420-12-060 and the policy outlined in Manual8, Reimbursements, located online at http://www.rco.wa.�ov/documents/manuals&forms/manual 8- reimbursement.pdf. SECTION 6. We acknowledge that any property restored be maintained for a period of ten years after the project is complete unless otherwise provided and agreed to by our organization and the Salmon Recovery Funding Board. SECTION 7. This application authorization becomes part of a formal application to the Salmon Recovery Funding Board for grant assistance. SECTION 8. We provided appropriate opporiunity for public cor�ment on this application. SECTION 9. We certify that this Resolution was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. SECTION 10. Sel�erability. 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 11. Ef�ective 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 , 2016. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk 2 Parish Creek Restoration Design y .�'; WASXINGTONSTATF (Grant Program) Project Agreement Recreation and (Grant Program Account or Category) .. :-� Conservation Office Project Sponsor: Project Number: Project Title: Approval Date: A. PARTIES OF THE AGREEMENT This project grant Agreement(Agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or board)] or the [Salmon Recovery Funding Board (SRFB or board) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,Washington 98504- 0917 and[parent organization name if it exists] [by and through the][child organization name]Address, City, State,Zip Code(sponsor)and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the[Account Name] of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The project will........ D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on [Project Start Date]and end on [Project End Date]. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date,the time extension may be denied. The sponsor has obligations beyond this period of performance as described in Section E. E. ON-GOING OBLIGATION For[acquisition, development, renovation and restoration projects]the project sponsor's on-going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified in the Agreement or as approved by the funding board. It is the intent of the funding board's conversion policy(see section 23)that all lands acquired and or facilities and areas[developed, renovated, or restoredJ with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed RCO total. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amount [Grant Program-account-category] Project Sponsor Total Project Cost 100 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, project summary, eligible reimbursement activities report, project milestones, and the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein. Except as provided herein, no amendmenUdeletions of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such amendment/deletions must be signed by both parties except VWVRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 23 PROJAGR.RPT the RCO director may unilaterally make amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, If1CIUdlf19 ChePt@�[REVISED CODE OF WASHINGTON SECTION(S�] RCW, [Chapter 286 WAC or Chapter 420 WAC], and published agency policies,which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS J. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through the following federal funding source. Federal Agency: Catalog of Federal Domestic Assistance: Federal Award Number: Federal Fiscal Year. If the sponsor's total federal expenditures are$500,000 or more during the sponsor's fiscal-year, the sponsor is required to have a federal single audit conducted for fhat year in compliance with Office of Management and Budget CircularA-133. A copy of the final audit report must be provided to RCO within nine months of fhe end of the sponsor's fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency. Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO Agreements. K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both: Proiect Contact RCFB-SRFB Name: Recreation and Conservation Office Title: Natural Resources Building Address: PO Box 40917 E-mail Address Olympia,Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This Agreement,with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This Agreement,for project(Number], shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO. The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 2 of 23 PROJAGR.RPT Project Sponsor By: Date: Name: (printed) Title: State of Washington � On behalf of the[Recreation and Conservation Funding Board or Salmon Recovery Funding Board] By: Date: [RCO DIRECTOR NAME] Director, Recreation and Conservation Office Pre-approved as to form: str: Is/ Date:_�_June 7, 2013 Assistant Attomey General 1NWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 3 of 23 PROJAGR.RPT -,,,,;, VJASNINGTONSTAIE Standard Terms and Conditions Recreation and ..,r:.-� ConseNation Office of the Project Agreement Project Sponsor: Project Number: Project Title: Approval Date: SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition—The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement—The accord accepted by all parties to the present transaction;this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements. applicant—Any agency or organization that meets the qualifying standards, including deadlines,for submission of an application soliciting a grant of funds from the funding Board. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application" in the � RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. asset—Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency—Federal agency responsible for ensuring compliance with federal audit requirements. contractor—Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term "contractor"and "contractors" means contractor(s)in any tier. development—The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat conservation resources. director—The chief executive o�cer of the Recreation and Conservation Office or that person's designee. elements, items and work types—Components of the funded project as provided in the project description. funding board—The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB)created under chapter 77.85.110 RCW. grantee The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement—A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 4 of 23 PROJAGR.RPT lower tier participant—refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone—An important event with a defined deadline for an activity related to implementation of a funded project. period of performance—The time period specified in the Agreement, under Section D, period of performance. post evaluation summary—One of the documents used to summarize and describe the actions undertaken in the Agreement. project—The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO—Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement—Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This does not include maintenance activities. restoration—Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP- Recreational Trails Program—A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors, only one—the primary sponsor—may be the fiscal agent. sponsor—The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. subgrantee—the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation summary,the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 5 of 23 PROJAGR.RPT way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b)the State its agents, officers, employees , subcontractors and or vendors,of any tier, or any other persons for whom the State may be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of inethods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's, its agents', officers'and employees' failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law,Title 51 RCW. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 6 of 23 PROJAGR.RPT The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under,this Agreement. In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non- public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits(shoreline, Hydraulics Project Approval, demolition); land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 7 of 23 PROJAGR.RPT Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12)are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis- Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries. Archaeological and Cultural Resources The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in.the location of discovery and immediate vicinity must stop instantly,the area must be secured, and notification must be provided to the following: concerned Tribes'cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly,the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. HAZARDOUS SUBSTANCES A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 70.105D.020 (10)RCW, and certify: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." B. Responsibiiity. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 8 of 23 PROJAGR.RPT C. Hold Harmless.The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents,from and against any and all liability, cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. SECTION 11. RECORDS A. Maintenance.The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C)below. If any litigation, claim or audit is started before the expiration of the six(6) year period,the records shall be retained until all litigation, claims,or audit findings involving the records have been resolved. B. Access to records and data. At no additional cost,the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the asset(s)for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s)to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s)to RCO.Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing. B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. SECTION 13. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 9 of 23 _ PROJAGR.RPT If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize,where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 15. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http://www.gsaig.gov/index.cfm?LinkServID=C4C89080-D2BE-D29A-96355D44A13E4356 The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed circumstances. B. For State Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at www.Ini.wa.qovlTradesLicensinq/PrevWa4e/AwardinQA4encies/DebarredContractors/ SECTION 16. PROJECT FUNDING A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifica{ly provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance. No expenditure made, or obligation incurred,following the period of performance shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 10 of 23 PROJAGR.RPT reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete"when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place(if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. WWRP Project Agreement-RCO#XX-XXXX - (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 11 of 23 PROJAGR.RPT SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION,AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development, renovation, and restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1) publish a notice to the public requesting bids/proposals for the project(2)specify in the notice the date for submittal of bids/proposals (3) specify in the notice the general procedure and criteria for selection; and (4)comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. C. Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term lease, easement, or fee simple ownership)for the land proposed for development, renovation, or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG) Program.The best management practices are described in three documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage", 2003; and"Integrated Streambank Protection Guidelines", 2002.These documents and other information can be found on the AHG website. SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property(including easements)for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 12 of 23 PROJAGR.RPT recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right,Assignment of Rights, Easements and/or Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)above and/or state law set out in subsection (2)above, are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9—Archaeological and Cultural Resources before structures are removed or demolished. SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy,current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 13 of 23 PROJAGR.RPT approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement,this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition, development, renovation, and restoration projects, sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites,are built,operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must: A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code,the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. C. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility. SECTION 25. INCOME AND INCOME USE A. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any oppoAunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)for which a facility/range fee must not be charged (Chapter 79A.25.210 RCW). B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,timber harvesting, farming, etc.)are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law,the revenue may only be used to offset: WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 14 of 23 PROJAGR.RPT 1. The sponsor's matching funds; 2. The projecYs total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development and renovation. SECTION 26. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so,the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities.A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS I A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition,to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000)for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. C. The policy,endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 15 of 23 PROJAGR.RPT firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of,the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others,for any and all remedies that may be available by law. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund (LWCF), the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this � Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. • Section 8-Acknowledgement and Signs • Section 10-Hazardous Substances • Section 14-Stewardship and Monitoring • Section 22—Provisions applying to Acquisition Projects, Sub-sections F and G • Section 23—Restriction on Conversion of Real Property and/or Facilities to Other Uses, • Section 24—Construction, Operation and Maintenance of Assisted Projects Sub-sections E, F, G and • Section 25- Income and Income Use. SECTION 31. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and procedures, applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders; B. Project Agreement including attachments; C. Special Conditions; D. Standard Terms and Conditions of the Project Agreement. SECTION 32. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. 1NWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 16 of 23 PROJAGR.RPT SECTION 34. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original Agreement. SECTION 35. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 36. SPECIFIC PERFORMANCE. The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement. However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 37. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure � for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the O�ce of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 17 of 23 PROJAGR.RPT C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice, beginning on the second day after the mailing,terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 38. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 39. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 40. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated.The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies: WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW, Chapter 286 WAC Page 18 of 23 PROJAGR.RPT A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the perFormance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. B. Any judicial award, determination, order, decree or other relief,whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any moneyjudgment or award against a Tribe,tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance, or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys'fees. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 41. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. WWRP Project Agreement-RCO#XX-XXXX (Grant Program Account or Category) Chapter 79A.15 RCW,Chapter 286 WAC Page 19 of 23 PROJAGR.RPT Eligible Scope Activities Project Sponsor: Project Number: Project Title: Project Type: Program � Approval Project Metrics Project Acquisition Project acres by purpose type: Habitat Conservation 18.00 Public Access 32.00 Miles of shore4ine protected: 1.00 Sites Improved Project areas developed: 2.00 Project areas renovated: 0.00 Acquisition Metrics Property: Worksite #1 Real Property Land Acres by Acreage Type(fee simple): Uplands 17.00 Tidelands 33.00 Existing structures on site: No structures on site Clean up of hazardous substances required (yes/no): Unknown Incidentals Signs(Acq) Number of permanent signs that identify site and funding partners 1 Development Metrics Property: Worksite #1 Buildings and Structures Construct I install restroom Number of restrooms: 1 new,0 renovated Select the restroom type: Vault toilets General Site Improvements Develop paths/walkways Select the surFace of the path/walkway: Compacted gravel Linear feet of path/walkway: 1200 Walkway lighting provided (yes/no): No Number of walkway bridges: 0 new, 0 renovated Develop viewpoint Number of designated viewpoints: 1 new, 0 renovated Select the viewpoint structures: Bencheslseating Install signs/kiosk Number of kiosks: 0 new,0 renovated Number of interpretive signs/displays: 5 new, 0 renovated Number of permanent entrance signs: 1 new, 0 renovated Project involves installation of informational signs(yes/no): ELIGREIM.RPT Date Page Parking and Roads Parking development Number of vehicle parking stalls: 8 new, 0 renovated Number of vehicle with trailer parking stalls: 0 new, 0 renovated Number of accessible parking stalls: Vehicle with trailers 0 Vehicle 1 Select the parking surfaces: Gravel Select the parking enhancements: Entry gate,Wheel stops � ELIGREIM.RPT Date Page Legal Description Project Sponsor: � Project Number: Project Title: RCO Approval: Worksite Name Property Name Legal Description Worksite#1 The legal description of the property purchased with funding assistance provided through this Project Agreement(and protected by a recorded Deed-of-Right)shall be amended into the Project Agreement prior to reimbursement of the final payment. LEGALDSC RPT Date Page Milestone Report by Project Project Number: Project Name: Sponsor: Project Manager: . .- . �. . e- . . X Project Start 08/01/2014 Please provide the X Baseline Documentation to RCO 10/01/2014 prelimary title report for the _ property prior to closing X Survey Complete 10l31/2014 X Order Appraisal(s) 11/01/2014 X ! Progress Report Submitted 01/15/2015 X � Order Appraisal Review(s) 03/15/2015 X � Purchase Agreement Signed 03/31/2015 X � Acquisition Closing 06/30/2015 X Funding Acknowl Sign Posted 06/30/2015 X ! Progress Report Submitted 06/30/2015 X Recorded Acq Documents to RCO 07/30/2015 X � Annual Project Billing 07/31/2015 X � Cultural Resources Complete 12/31/2015 X � Progress Report Submitted 01115/2016 RCO Final Inspection 02/01/2016 ! Agreement End Date 06/30/2016 Final Billing to RCO 07/31/2016 Final Report in PRISM 07/31/2016 X=Milestone Complete !=Critical Milestone 1MILESTO.RPT Date Page AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: July 13, 2016 Agreement with Parametrix for the Ostrich COUNCIL MEETING Date: July 20, 2016 Bay Creek Retrofit Plan Design Project Department: PW&U Presenter: Kathleen Cahall Phone: 360-473-2315 SUMMARY: The City of Bremerton accepted a Stormwater Financial Assistance Program (SFAP) Grant from the Department of Ecology to fund the design of the Ostrich Bay Creek Retrofit Plan Design project. The benefits of this project will be a 100% ready to construct design that will reduce runoff and improve stormwater quality entering Ostrich Bay Creek and Oyster Bay. Parametrix has been selected as the engineering firm best qualified to design this project according to the requirements and schedule of the grant. ATTACHMENTS: 1) Professional Services Agreement with Parametrix FISCAL IMPACTS (Include Budgeted Amount): The Stormwater Utility has received a $67,500 grant from the Department of Ecology for design of stormwater capital improvements with $22,500 match for a total project cost of$90,000. Matching funds have been programmed and are available in the Stormwater capital fund. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix for the Ostrich Bay Creek Retrofit Plan Design project in the amount not to exceed $90,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT Ostrich Bay Creek LID Retrofit Plan Design/Parametrix Inc. 1489 The City of Bremerton ("City") and Parametrix ("Consultant"), referred to collectively as the "Parties,"enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 25`h, 2016, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $90,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section Il herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section 1 and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 1 of 15 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence,unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects En�ineers and Anv Other Professional Listed In and Performin� Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 2 of 15 FOR THE PURPOSES OF THIS 1NDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or sub-consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property dama e• ex losion colla se and under round XCU if a licable• and g , P , P g � ) PP � 3. �xcess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than$1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance(if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 3 of 15 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6`h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: . A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photo�raphs and Ima�es. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-]6 Page 4 of 15 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire A�reement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. 1. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Public Works and Utilities Parametrix 100 Oyster Bay Avenue N 4660 Kitsap Way Suite A Bremerton, WA 98312 Bremerton, WA 98312 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Brem erton/Param etrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 5 of 15 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assi�nment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion;age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton ' for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Dela� The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri h�ts U�on Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 6 of 15 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies,by signing this agreement, that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm,Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT, (Parametrix) By: Patty Lent By: its: Mayor its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\Legal\Legal\Contracts\I�ORMS\Profess�onal Scrviccs Agrecment Fortn(2016).doc Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 7 of I 5 EXHIBIT A- SCOPE OF WORK May, 25,2016 PROJECT DESCRIPTION The City of Bremerton received funding from the Department of Ecology Water Quality Combined Financial Assistance Program to design a stormwater low impact development(LID) project. Project criteria and completion deadlines are specified by the grant. The City's Project Manager for this will be the Stormwater Permit Coordinator under the direction of the Water Resources Manager. The City of Bremerton will complete a 90% low impact development retrofit plan for the Ostrich Creek drainage basin that resides within the City's limits. The goal is to improve water quality and attenuate stormwater runoff to reduce peak flows. Ostrich Bay Creek has fecal contamination and peak volume problems that impact Ostrich and Oyster Bays, both of which have a fecal coliform TMDL. Control and treatment of stormwater runoff will reduce stormwater impacts on the creek and Ostrich Bay. Proiect Description: Ostrich Bay Creek is one of the most polluted streams in Kitsap County. Multiple sources of pollution impact the creek and Ostrich Bay. Kitsap Health District has posted Ostrich Bay Creek for"No ContacY' due to pollution from failing or poorly performing septic systems and Ecology has issued a fecal coliform TMDL for Ostrich Bay. Fecal contamination is predominately from failing septic systems in this drainage; however, stormwater is a significant contributor. The Kitsap Health District is actively monitoring water quality of the creek. Large impervious surfaces of SR 303, Kitsap Way, roads and large commercial asphalt lots drain into the stormwater system and to the creek. Significant storm events cause instantaneous peak flows and scour the stream bed due to the lack of detention in the system. Installation of detention and/or infiltration systems will reduce peak runoff and help address this problem. Water quality and quantity problems will be significantly reduced with LID stormwater treatment and volume control systems. Bremerton will develop a retrofit plan based on site-specific evaluation of soil type, treatment potential/capacity, potential impact to local hydrogeology, and potential to effectively reduce runoff volume and improve water quality of discharges to the creek. A LID retrofit design plan and specifications bid package will be developed with the goal of addressing stormwater runoff water quality and quantity concerns for Ostrich Bay Creek. The design plan will use the most appropriate stormwater treatment and detention systems for the sites identified. Overall Goal: The goal of this project is to improve water quality using LID treatment systems and restoring natural runoff volumes to Ostrich Bay Creek by attenuating flow with infiltration and detention systems. This project will develop construction ready design plans and Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 8 of 15 bid specifications for Ostrich Bay Creek LID Retrofit to service areas within the City of Bremerton limits. Previous Desiqn Work: Parametrix prepared a preliminary (30%) design for the Ostrich Bay Creek LID Retrofit in 2015. The assumptions and approaches developed for this preliminary design will be verified and all applicable previous work will be incorporated into the new design. SPECIAL REQUIREMENTS Project design will reference Water Quality Combined Financial Assistance Agreement No. WQC-2016-BremPW-00224, Department of Ecology (DOE) Grant Program Guidelines August 2013 (Publication no. 13-10-032), and the Stormwater Management Manual for Western Washington (August 2012). PROJECT TASKS TASK 1 PROJECT MANAGEMENT AND MEETINGS Parametrix Activities • Manage budget and schedule • Hold face to face meetings and progress calls with City Project Manager as needed and at key milestones • Prepare monthly progress reports and invoices City Responsibilities • Participate in progress calls and meetings • Payment of submitted invoices within 30 days Deliverables • Minutes from progress calls summarizing key action items • Monthly progress report and invoice Assumptions - • Up to four face to face meetings will be held with City stafF including design submittal review meetings and a presentation of the final design to Bremerton Public Works and Utilities Department staff. • Project duration will be 14 months (August 15, 2016 through September 29, 2017 ). TAS6( 2 DESIGN Parametrix Activities • Submit data requests to City • Provide quality control reviews Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 9 of 15 • Update the existing Basin Maps developed during the work with Right of Way (ROW), stormwater infrastructure, and soil type overlays using existing GIS layers. , • Perform a brief alternatives analysis for the LID retrofit considering applicable LID techniques, sub basin size, available room within the existing ROW to fit LID facilities, and potential for infiltration. The outcome of the analysis will be , the selection of LID facilities for the design moving forward. The analysis will also consider the approach developed during the previous design work and incorporate the design features as appropriate. • To fit within the available budget, it is assumed that a total of four topographic base maps and four Paving and Drainage plan and profile sheets will be produced at a scale of 1 inch equals 20 feet. The plan sheets may contain � designs for individual LID facilities or groups of facilities if they fit within the limits of the mapped area. This approach may be revised following the alternatives analysis. • Design project components that may include: Filterras Modular Wetland Systems Bioretention swales Manholes with flow splitting weirs Sediment and trash filtration pre-treatment structures • Prepare plan sheets as listed in Exhibit C City Activities • Furnish available data requests, drawings, records, etc. in a timely manner • Provide timely review of deliverables • Provide a loaner copy of pertinent stormwater planning documents Deliverables • Submit 4 copies of a Design Report (including 30% design plans and construction cost estimate) by January 15, 2017 • Submit 4 copies of the 90% design (plans, specifications, and estimate) by May 29, 2017 • Submit 4 copies of the final design (100% plans, specifications, and estimate) by August 15, 2017. The final design shall incorporate changes pursuant to comments received on the preliminary and 90% designs. Assumptions • Notice to proceed will be received on August 15, 2016. • All permits will be obtained by the City with limited support by Parametrix (16 hrs total). • Design will include a total of 4 Paving and Drainage plan and profile sheets. • PIT tests will be completed at four locations by City staff to support infiltration design at sites where soils have the potential to infiltrate. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev oz-1 t� Page 10 of 15 • Preliminary designs may be adjusted with input from the City and Ecology prior to completion of Final Design. • City review for each submittal will be completed within 2 weeks. Ecology review for 30°/a and 90% submittals will be completed within 45 days. • For each submittal, 4 hard copies will be submitted, plus electronic copies with reports in MS Word and PDF formats, with spreadsheets in Excel format. Plans will be provided in half size (11x17) hard copies. TASK 3 FINAL BID PACKAGE Parametrix Activities • Prepare Final Bid Package plans, specifications, contract documents, and engineers estimate incorporating City review comments to the final design. Deliverables • Submit 4 copies of the Final Bid Package (Bid Set plans, specifications, and estimate) by September 15, 2017. • Digital CAD files Assumptions • The City will provide the most current version of contract documents for use by Parametrix. • Four hard copies will be submitted, plus electronic copies with reports in MS Word and PDF formats, with spreadsheets in Excel format. Plans will be provided in half size (11x17) and full size (22x34) hard copies. TASK 4 SURVEY Parametrix Activities • Perform a topographical survey of up to four LID implementation areas sufficient for design and develop a base map of each area. Deliverables • Final topographical base maps (four)for use in design plans. • Digital survey files Assumptions • Survey of approximately 300 to 400 lineal of roadway in each project area will be performed, extending from approximately right of way line to right of way line. • Survey will include boundary lines, topography, break lines, surface features, and all utility locations including pipe inverts. TASK 6 DIRECTED SERVICES Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 11 of 15 Parametrix Activities • Perform additional services at the direction of the City including retaining a geotechnical sub-consultant. Deliverables • As directed by the City. Assumptions • Work under this task will require prior written direction from the City. Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 12 of 15 EXHIBIT B SCHEDULE Notice to proceed August 15, 2016 Basin Maps and Alternatives Analysis October 14, 2016 30% Design Plans/Design Report January' 16, 2017 Response to Design Report comments March 16, 2017 90% Design ready for Ecology review May 29, 2017 Final Design incl. Ecology comment response August 15, 2017 Proposed Construction Schedule August 17, 2017 Final Bid Package September 15, 2017 Project Closeout June 30, 2018 Bremerton/Parametrix Ostrich Bay Creek Retrofit Plan Design Rev 02-16 Page 13 of 15 : : � �� G"a�::�0 :3,.;..,-��m �0��m0 Q00 - ��ODmmOmO •mOm �. ,-.:0 00: .. - �;.,,,.. �� "° 0�0��0 , ' �� ,��,� ��O�ODE:.�'� �� ,,:,.;_,�0�0��0�000 00�._.. �� ;,_�_ ,.. � �� :.. 0��0�� t �� ..� ' A�o��mE�� :. .,. . �00��0� �� . �., ��0��mE.'� �� y.;. r.,, . �m��DE.,'�''.�7 �� ,;...' � ��0��00 �� , ....,. ... ... , A�O��mE�'..� �� ._...-_.- O��O��O�mm �� :._,,, �,�. ,,,,.,.� ., ,,_..,, �� '-� 0��0��E=� �� - �� - - ��00��Om �� _ r ��00��0� �� _ . ',..,� - � O�m��mE:'�f �� - .< . , 0�00�� ..,� �� '' ��00��Ei�7 �� ,�:. 000�� .. ,' � 0�00��0 Y �,: __ •...1.�.�i Y,...��i(: �_��______m Y 1��5 __ 'F''.'v:`�f: 1 . � ___________- -_ �., ��____-�_�� __ ." ' �_�_____�_�`�' � __ ... ___________ . 1:�1 -_ :�.�«,��I��____�_� -��' �� .� :_..:r,-.,�� ____________ -_ '.;. '. 1.�.�.... ��______�� -_ :,.. .: ' ��_____�_� ti .I{ __ �•�•�� _______�_m ti :il -_ �_�_______m� -_ i.. .��;.�:.�I��____�_�� ' .. _____-____-_ -_ ____��___m� __ � ___________� aA�,...��. :. �:: :_......�a000eeeaoo�� .._ . ... _ _ ___________ _ �,, . ., . ., : � �:�;� �. �, (� d �.ai � �i� �".,.n i \ � � i . � ' � � 1 � � • � � � AGENDA BILL � � CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract with AES Study Session Date: July 1�3, 2016 Consultants, Inc. for Outfall Surveys to COUNCIL MEETING Date: July 20, 2016 Meet Department of Natural Resources Department: PW&U/WWTP (DNR) Permit Renewal Requirements Presenter: Pat Coxon Phone: 360-473-5448 SUMMARY: The current DNR (Department of Natural Resources) permits for the WestsideWWTP, Outfall-7a/b and Outfall-13 have expired and need to be renewed. The requirements of DNRfor renewal is that each site needs to have a current survey completed for each outfall. Utilizing the MRSC (small works roster) site, I sent out a request for proposals to seven localized survey companies. Of the seven requests, we received six proposals. The proposals ranged from a low of $18,000 to a high of$72,480, for completion of the surveys at all three outfall sites. Upon review of all of the submitted proposals, we have selected AES Consultants Inc.from Silverdale to perform the survey work. This selection was based on AES's familiarity with the City of Bremerton's system and past survey work that they have performed for City projects. AES Consultants Inc. proposed cost for all three outfall sites is 28 900. ATTACHMENTS: 1) Contract; 2) Exhibit A to Contract- Scope of Work; 3) Exhibit B to Contract- DNR Requirements; 4) Tabulation sheet; 5) AES Consultants Inc. proposal FISCAL IMPACTS (Include Budgeted Amount): The outfall survey work is budgeted through the Wastewater Operations budget of$225,000. STUDY SESSION AGENDA: � No Presentation �7 Full Presentation STUDY SESSION ACTION: o ConsentAgenda ❑General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the survey proposal from AES Consultants Inc. in the amount of 28 900, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT Outfall Surveys—Westside WW'TP,OF-7a/b & OF-13 The City of Bremerton ("City") and AES Consultants Inc. ("Consultant"), referred to collectively as the"Parties,"enter into the following Agreement for professional services: I. . Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work and strictly adhere to the State of WA Department of Natural Resources (DNR) survey requirements including any attachments thereto. The Scope of Work and DNR requirements are attached hereto, as Exhibits A and B respectively, and are incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed prior to December 31, 2016; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $28,900.00. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work andlor Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the Bremerton/AES Consultants Inc. Outfall Survevs—WSTP, OF7alb &OF13 Rev 02-16 Page 1 of 7 City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional Iicensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence,unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects En�ineers and Anv Other Professional Listed In and Performin� Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WANER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/AES Consultants Inc. Outfall Survevs—WSTP, OF7a/b &OF13 Rev 02-16 Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6'h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or Bremerton/AES Consultants Inc. Outfall Survevs—WSTP, OF7a/b &OF13 Rev 02-16 Page 3 of 7 substantive,change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Silverdale, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its reyuest, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photo�raphs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. � All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss Bremerton/AES Consultants Inc. Outfall Surveys—W STP, OF7a/b &OF 13 Rev 02-16 Page 4 of 7 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Silverdale, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. . H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Pat Coxon, WW MGR Gary Chapman, PLS 1600 Oyster Bay Ave. S PO Box 930; 3472 NW Lowell � Bremerton, WA 98312 Silverdale, WA 98383 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K�. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Comnliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Bremerton/AES Consultants Inc. Outfall Survevs—WSTP, OF7a/b &OF13 Rev 02-16 Page 5 of 7 O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ng ts Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide Bremerton/AES Consultants Inc. Outfall Survevs—WSTP, OF7aJb &OF13 Rev 02-16 Page 6 of 7 immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT Citv of Bremerton AES Consultants Inc. By: Mavor Pattv Lent By: Garv Chapman, PLS its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\Legal\l.egal\('ontracts\FORMS\Prufessional Sen•iccs Agrccmcnt Fortn(2016).doc Bremerton/AES Consultants Inc. Outfall Surveys—WSTP, OF7a/b &OF13 Rev 02-16 Page 7 of 7 Scope of Work for "WP Outfall" Assemble necessary subdivisional information of Sections 23 and 27-Township 24 North-Range 1 East for determining: � Boundary of'fract 24 of the Charleston Tidelands Location of Easement within Tract 24 of the Charteston Tidelands Meander Line location Inner and Outer Harbor Line locations Lateral Tideland boundaries of adjoing properties Determine location oE right of way lines of US. IVavy Railroad and Southerly margin af SR-3 and SR-304 Compare Cosmopolitan Engineering GPS position against Plan set drawing coordinate posiHons for check at Diffuser locadon. Secure Tideland Plates from DNR relate to lease and ownerships of aquatic lands adjoining project site. Secure Subdivision Guarantee for subject area from Htle company. Review current deed of records for adjoining property owner far determinaHon of lateral tideland boundaries Also review deeds of record for other documents crossing proposed lease area and pipe route. Calculated and �ompare tideiand boundaries and there relationship to easement lo�ation. Physical Iocation of tidal information Line Mean high Hde Line of Mean low tide Extreme Low Tide minus-18.0 foot contour line. Prepare record of survey drawing containing information as required by State of Washington Department of I�latural Resources "REQUIREMENT5 FOR RECORD page 1 OF SURVEY FOR LEASES AND EASEMENTS" (attached),RCW 58.09 and WAC 332-130 Submit prepared documents ta DNR for review and comments and to City of Bremerton for Informational use,. Adjust drawing as requested by DIVR review comments. Upon approval by DNR record documents with Kitsap County Auditor and disperse recorded documenfs to appropriate parties as necessary. Scope of Work for "OF7 Outfall" � Assemble necessary subdivisional information of Sections 18-Township 241Vorth -Range 2 East for determining: Block 4 of the Plat of Grand View Addition to the Town of Decatur and Amendment Plat of Block 4,Grand View Addition to the Town of , Decatur. � Meander Line location Lateral Tideland boundaries of adjoing properHes Compare Cosmopolitan Engineering GPS position against description coordinate positions for check at pipe location. � Secure Tideland Plates from DI�TR relate to lease and ownerships of aquatic lands adjoining project site. Secure Subdivision Guarantee for subject area from Htle company. Review current deed of records for adjoining property owner for determination of lateral tideIand boundaries Also review deeds of recard for other documents crossing proposed lease area and pipe route. Calculated and compare tideland boundaries and there relaHonship Eo easement location. Physical location of Ndal informaHon Line Mean high tide Line of Mean low tide Extreme Low Tide minus-18.0 foot contour line page 2 Prepare record of survey drawing containing informaHon as required hy State of Washington Department of 1Vatural Resources"REQUIREMENTS FOR REC�RD OF SURVEY FOR LEASES AND EASEMENTS" (attached},RCW 58.09 and WAC 332-130 Submit prepared do�uments to DNR for review and comments and to CiEy of Bremerton for Informa�ional use,. Adjust drawing as requested by DNR revie�v comments. r� Upon approval by DNR record documents with Kitsap County Auditor and disperse recorded documents to appropriate parties as necessary. Scope of Work for "4F13 Outfall" Assemble necessary subdivisional information of Sections 13-Township 24 North -Range I Eask for determining: Meander Line location As-Built Outfa111ocaHon Eor determinaHon of location If outfall is landward of ineander line(End Project at 1) If oukfall is waterward of ineander Iine determine Lateral Tideland boundaries of property and adjoiners Compare Cosmopoiitan Engineering GPS pasiHon against description�oordinate positions for check at pipe location. Secure Tideland Plates hom DNR relate to lease and ownerships of aquatic lands adjoining project site. Secure Subdivision Guarantee for subject area from title company. Review current deed of records for adjoining property owner for determination of lateral tideland boundaries Also review deeds of record for other documents crassing proposed lease area and pipe route. Calculated and tompare tideland boundaries and there relationship to easement location. page 3 .r.- . y. . ��...�. . .. . �..... .n • .r....-a�-.......__� IF within First Class Tideland ownership iEnd Project at 2) ochertvise . Physical IocaEion of tida!inEormation Line Mean high tide Line of Mean low tide Extreme Low Tide � Prepare record of survey drawing containing information as required by State of Washington Department of Naturai Resources "REQUIREMEM'S FOR RECORD OF SURVEY FOR LEASES AND EASEMENTS" (attached), RCW 58.Q9 and WAC 332-130 Submit prepared documenEs to DNR for review and comments and ta City of Bremerton far Informationa! use,. Adjust drawing as reguested by DNR review comments. Upon approval by DNR record documents with Kitsap County Auditor and disperse recorded documents to appropriate parties as necessary. � GUIDELINE Department of Natural Resources Date:December l, 2006 Page 1 of 3 GL09-8.2 PROPERTY DESCRIPTIONS FOR AQUATIC LAND USE AGREEMENTS Appendix 1: Requirernents F'or Records Of Survey For Leases And Easernents STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES REQUIREMENTS FOR RECORDS OF SURVEY FOR LEASES AND EASEMENTS Records of Survey are required for easements and leases granted by the department for: S County roads S Drainage or irrigation easements S Highways $ Railroads S Easements across high value lands S Aquatic land uses: eaemptions are S Easements across transition lands provided for recreational docks and S Utilities mooring buoys per RCW 79.105.430 $ Upland leases and for those permits issued as a Right S Communication sites of Entry S Other grants as determined by the department based upon site specific considerations The applicant is responsible for: S All costs and work associated with creating,submitting,revising and recording the Record of Survey $ Submitting a preliminary Record of Survey for review and approval by the department prior to approval of the agreement. $ Recording the final Record of Survey with the counry auditor's office. S Submitting a digital copy in AutoCAD.DWG or DXF(drawing exchange format)of the final survey. $ Submitting two full size copies and one 8 %z X 11"copy and of the recorded survey including the auditor's recording information to the department. A Record of Survey must: l. Be produced by a licensed surveyor. 2. Meet the requirements of Title 58 RCW and Chapter 332-130 WAC. 3. Include the name of the applicant, the purpose of the easement or lease and the DNR easement or lease number. 4. Clearly show easement or lease boundaries with distances and directions of all boundary lines. 5. Show the easement or lease area to an accuracy of (f) 0.5% of the total area or (t) 10 square feet, whichever is greater. 6. (Not required for aquaNc lands lease across the bed of Puget Sound or the Pacific Ocean) Indicate the acreage encompassed by the lease or easement within each quarter-quarter section or government lot. 7. Show distances and directions from two or more controlling corners of a recorded subdivision, recorded survey or government survey(GLO)corners. 8. Be related by meridian and coordinate to the Washington Coordinate System NAD'83(1991)by closed ties to NGS Control monuments, or the extension thereof. The designation of the control stations used shall appear on the plat. 9. Include a narrative legal description describing the servient estate (grantor's parcel) on the Record of GL09-8.2 Property Descriptions For Aquatic Land Use Agreements Appendix 1 —Requirements For Records Of Survey For Leases And Easements July 2003 Page 1 of 3 GUIDELINE Department of Natural Resources Date:December l, 2006 Page 2 of 3 GL09-8.2 PROPERTY DESCRIPTIONS FOI�AQUATIC LAND USE AGREEMENTS Appendix 1: Requirements For Records Of Survey For Leases And Easements Survey. 10. Show a detailed plan of improvements to be constructed or already existing on the easement or lease area. All improvements must be shown in sufficient detail to determine what they are used for and to ensure they are entirely within the easement area. 11. Show the location of any proposed utility. 12. (linear lease or easement)Show the lineal footage along the centerline. 13. (linear lease or easement) Show the complete alignment information and width including any necessary curve data. 14. (Easements or leases crossing a section line or state ownership boundary, not required for aquatic lands lease across the bed of Puget Soand or the Pacific Ocean) Provide ties to the centerline of an easement along the section or subdivis9on line from the nearest appropriate Public Land Survey System (PLSS) section corner, quarter section or subdivision corner, where the easement enters and leaves the section or state ownership. �5. (Easements or leases falling entirely within one section and not crossing a section line or state owners6ip boundary) Provide ties from both end points of the linear easement to PLSS comers or other Isubdivision corners shall be provided. 16. (A lease which encroaches on a previously leased site) Show the boundary for the senior lease in the I vicinity of the proposed lease shall also be shown, together with ties between the two leases sufficient to determine the full extent of the encroachments. AddiNonal Reqoirements for Communication Site Leases 17. Show ties to the corners of previously monumented communication sites adjacent to, or in the immediate viciniry ofthe proposed communication site. 18. Show access to the site. 19. Mark the corners of the communication site, as described and granted, with substantial permanent magnetically locatable monuments. The monuments shall be in place and obviously marked on the ground after the construction of installations and improvements. 20. Show the center of any communication site tower by Washington Plane Coordinates, NAD83 (1991), or latitude and longitude having an accuracy of and showing 3 decimals of a second. 21. On all communication sites where towers or beam paths are shown, an elevation is required at the base of the tower. 22. Show the tower height,and the height of the antenna or microwave dish and any beam path used shall have the diameter and tilt thereof shown. 23. The elevation shall be derived from an established benchmark in the vicinity of the site, or an elevation designated by the Department of Natural Resources. Additioua!Requirements for Aquatic Land Uses 24. The lease of aquatic lands is often subject to preference rights. Applicants and surveyors should carefully determine the direction,and show details of the proration of coves and irregular shoreline. 25. (lease sites which contain existing or proposed structures and improvements that are classified as a GL09-8.2 Property Descriptions For Aquatic Land Use Agreements Appendix 1 —Requirements For Records Of Survey For Leases And Easements July 2002 Page 2 of 3 GUIDELINE Department of Natural Resources Date:December l, 2006 Page 3 of 3 GL09-8.2 PROPERTY DESCRIPTIONS FOR AOUATIC LAND USE AGREEMENTS Appendix 1: Requirements For Records Of Survey For Leases And Easements non water-dependent or a water oriented use as described within RCW 79.105.060 and WAC 332-30- 106)Provide the square footage of each structure and improvement. 26. Where applicable,the survey of aquatic lands must show the location of the following lines for: a. Tidal areas—Government meander line, the original and current locations of line of inean high tide, line of inean low tide, and line of extreme low tide. The survey must include the name of tidal bench mark(s) used or describe the alternate method employed for determining a Tidal Datum. Lease areas which contain tidelands and bedlands at a minimum must show the location of the line of extreme low tide crossing the lease area. Lease areas containing bedlands exclusively may be required to show the relationship to the line of extreme low tide and the-18 foot contour line only. b. Lakes — Government meander line, line of ordinary high water (original ordinary high water if the lake has experienced artificial raising or lowering of the water level), and line of ordinary low water (include source of data)and line of navigability if established. c. Rivers - Line of ordinary high water and line of ordinary low water(include source of data) and line of navigability if established. d. Lots and blocks of platted tide lands or shore lands, inner and outer harbor lines, waterway lines, street boundaries, any local construction limit lines, any dredge or fill areas, and easements of record within the lease site. e. All lines must be shown in sufficient detail to compute and show the area of each area of State-owned bedlands,tidelands,shore lands,harbor area,or waterways included within the proposed lease site. Include any other data necessary for the complete understanding of the information shown on the survey. If, in the opinion of the department, such information is lacking,the survey may be rejected. Record of Survey Revisions: 27. Any differences between the as-built road and the regulation plat must be reflected in a revised Record of Survey and recorded with the county by the applicant. 28. When any portion of the completed improvements are located outside of the granted lease site, the as-built locations must be reflected in a revised Record of Survey and legal description. In this instance, a new application for an amended lease site may be required if the as-built location creates adverse impacts. In the case of linear leases across the bed lands of the sound or the ocean, an as-built Record of Survey and a revised legal description ofthe linear lease must be provided. GL09-8.2 Property Descriptions For Aquatic Land Use Agreements Appendix 1 —Requirements For Records Of Survey For Leases And Easements July 2002 Page 3 of 3 OUTFALL SURVEY TABULATION SHEET Below is the list of the survey companies and their proposal amounts for the survey of the Westside WWTP, OF-7a/b and OF-13 outfalls: Skillings-Connolly Inc: $18,000.00 Muller& Associates: $20, 572.05 Con Serve Inc. (CSI}: $26,000.00 AES Consultants Inc: $28,900.00 PRIZM Surveying Inc: $41,081.00 Larson & Associates: $72,480.00 . � . AES �� CONSLJLTANTS,iNC. PROFESSION.IL I:AND SLIRVEYORS P.O.[li)X 930 • 3472 N.14'.IAIVFLL"Ol.l)TC.?\4'11:' SILVERUALC,11'ASHINGTOV 98383 36(}69?�,4t�C1 • FAX 360(,92891] May 18, 2016 City of Bremerton Waste Water Attn: Patric Coxon 1600 Oyster Bay Ave. S. Bremerton, WA 98312 RE: Survey proposal for Outfall DNR Lease survey Patric, Thank you for the opportunity to provide you our cost estimate for preparing the 3 DNR Lease surveys for the outfalls. We have reviewed your scope of work for the three outfalls and researched the available records in the area and our current survey control network. Our firm has a vast amount of experience providing DNR lease surveys such as these on many similar projects. In fact a couple of years ago we completed a much larger DNR lease survey for the City's sewer main on the North side of Port Washington Narrows. We are proposing teaming up with eTrac, Inc. to provide the bathymetric surveying of the deep water and outfall locations. Our firms have worked on numerous surveys together and will provide a cohesive overall product to meet the City's needs. Our cost to provide all of the surveying services listed in your scope of work for all three outfalls is $28,900. This cost includes fees by eTrac, Inc, title reports and recording fees for Kitsap County. All of these costs are without markup and will be billed as direct expense for the project. We look forward to the opportunity to work with you and your staff on this project. if you have any questions please feel free to give us a call. Thank you, Gary M. Chapman, PLS AGENDA BILL 7 L CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of two Allen-Bradley Study Session Date: July 13, 2016 200 H.P. Variable Frequency Drives for COUNCIL MEETING Date: July 20, 2016 Pump Station CE-4 Department: PW&U/WWTP Presenter: Pat Coxon Phone: 360-473-5448 SUMMARY: We currently have two Allen-Bradley 1336+ VFDs in operation at pump station CE-4, which are over nineteen years old and are no longer supported by the manufacturer. The two pumps in operation at pump station CE-4 are scheduled to be replaced later this summer, which is an ideal time for the VFDs to be upgraded. The replacement of the VFDs was built into the current pump replacement budget due to their age and the inability to obtain replacement parts should they fail. We sought proposals from Allen-Bradley and Siemens for the 200 H.P. VFDs, and selected the Allen-Bradley VFDs as the Siemens VFDs would not fit into the existing space at the pump station. The cost for the two Allen-Bradley VFDs from North Coast Electric for pump station CE-4 is $42,723.45, (including tax) ATTACHMENTS: 1) Proposals from North Coast Electric (Allen-Bradley); 2) Wesco Distribution (Siemens) � FISCAL IMPACTS (Include Budgeted Amount): The VFDs are budgeted through the Wastewater CIP, and has a budgeted amount of$400,000. The total cost for the purchase of two new Allen- Bradley VFDs is $42,723.45, (including tax). STUDY SESSION AGENDA: 0 No Presentation � Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of two new Allen-Bradley Variable Frequency Drives from North Coast Electric in the amount of$42,723.45. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 N O R T H �� C 4 A S T Acknowl edgement EL ECTftlf COMPANY OROi�7t UA�E FJRDER NUt�R 239 Bruenn Ave HREMERTON WA 98312-3107 06/29/16 57276744 360-479-5425 Fax 36�-479-8470 ORDER T0; Pn�t�. it� rrosrx croAsr ececra:c 734 BtueM Ave SAffi�tflt7'ON VA 9B]12-�107 �. Of Z ]60-479•5�:4 Fa�c 760•a79•Bi70 SOLD T0: Sli1P T0: CITY OF BREMERTON CONSOL CITY OF BREMERTON WWTP - OPEN 1600 OYSTER BAY AVE 90. 1600 OYBTER BAY AVE S0. BREMERTON, WA 98312-3442 BREMERTON, WA 98312-3442 L1f5T 1�. C115TpffR ORDER IiIE�BEtt I�LEILSE NIA�ER TFJ�MS 56895 820292 VFD REV1 Net Due 25th ORDERED BY NRITF1t SN1P VIA SHIP ONTE FRT N.IONED LARRY MIXER Lito Bocane ra BID 08/Q4/16 No OR�R QT1r dESCRIPTION Net,Prc Ext Prc 2ea A-B 20F1AGD302AAONNNNN POWERFLEX 75 17835. 00 ea 35670. 00 2ea A-B 20-750-2262D-2R POWERFLEX 750 1 253 .00/ea 506.00 2ea MTE RL-32003B14 LINE/LOA.D 1395:00/ea 2790.00 REACTOR, 0.325MH,32�AMPS,OPEN 2ea A-B 20-HIM-A6 POWERFLEX ARCHITECTUR 169. 00/ea 338.00 Subtotal 39304.00 This acknowledgement pertatns to the materiel shawn above. 3f a complete S&H CHG3 0.0 0 ecknewledgeaient is applie�le end required, please contact your North S81e8 T8X 3419.�5 Coast Sales office. All salae evbject to terme aad conditioae on NC055. Amouat Due 42723.4S � � � G83 Control U�it CU240E-2 Larfy Mixer l24 Input reactor 59'0 L2'7 Input fuses From: Riflera.Andrew M32 NEMA 12 filters t . <AnR@cascadecontrols.com> N75 Expanded voltage range 380-480V � Sen� Tuesday,lune 28,201512:17 PM � To: Larry Mixer CG Walters, Kevin ' Subjed: [EXTERNAL] RE:motor information � Attachments: img-628120800-OOOl.pdi t i � Andrew Rillera larry, In�iustrial Autom�tic�n Spc�ialist Here's a budgetary price fo�the drives we discussed earlier. Take a look lNesco Distribution, Inc. at the attached data and let me know if these dimensions will wo�k for 951 Nlonster Rd you. Typical lead time on these is 4 to 6 weeks. P.enton, WA 98057 • � 50-4;31� Part No. Price net,each Qty. T�ce: �Z5 203-7806 65L3710-18l32-5AU0-Z $18,248.00 2 $3b,446.00 t #�3 (7s ,t s T �_ � 3`t ��! �t s _._.....___.---.,..._.�....._____Cax). _ � _.__._ � .. _ ._...._.._. _.__ .__..___.__ _ +G83+L24+L27+M12+N75 From: Walt r5, Kevin Sent:Tues y,]une 28, Z016 10:3Q AM To: Larry Mi er Description&standard options , ndrew motor inforrnation 51NAMICS G120E standard(6-p)drive,450-480V,60 Hz,200 HP ! Rated output current 240 A, light overload 1Z09'o/60s or Th`anks very uch Larry. I am working with Andrew to get this back to 150%/3s, o�u as uick as possible. high overload 150 HP, base load 205A, 1509'o/60s, � Power module PM2Q0(non-regenerative),SCCR per UL 65 kA, Kevin NEMA 1Z enclosure,intelligent operatar panel(IOP), I circuit breaker disconnect, input line reactor, UL508C listed '; l � 1 i { f I ! 1 ' j 2 [ i CeII: 1-360-340-2769 Email:larry.mixer@ci.bremerton.wa.us ' i . � • � • • . ; . 1 i � • I • • i 1 ; ; i �i�. . '+��7�~� rr•• � �� , � � � ti�r... � �x� C, � ! Z 's i � i •� t 3 i i s 1 Fram: Larry Mixer('mailto:Larry.Mixer(alci.bremerton.wa.usl �~ � Sen�Tuesday,June 28, 2016 10:27 AM i To: Walters, Kevin Subjed: [EXTERNAL] motor information � Kevi�: � The motors are 160HP,460V,3PH FM motors, 1780RPM,and 190FLA. � Let me know about what tost are we looking at.Ooes not have to be ; exact quote just somewhere close. ° i Larry Mixer ; � tity of Bremerton WWTP 1600 Oyster 8ay Ave.S. Bremerton Wa.98312 ' Pla�t:i-3b0-473-5480 � i Phone: 1-360-473-5456 j 3 i q � 1 � ; . � , Design Data FLOOR MOUNT ENCLOSURE u,o�fi - - ,,,� ��:��. . �. - L.' A6D-ON OP�IONS � EN[LQSURE ,' �i: S '�' . 1 � ,, ,`t � �- ; ��„T� � .,,�, . � � � � � I � �� uom — Z ---��,�— --�---ria�-- w�.: �... 6�Omm .._*._....__z..... � � SIDE VIEW.._ .....---------- - -•--- FRONT�VIEW --._._..__........... . .--.._.. ....:..----——- -....--... 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The lights will pay for themselves in in the next six years and will continue to save money for the subsequent 15 years, both in energy and in maintenance. The LED fixtures are much more reliable, have a much longer lifespan, and require much less maintenance than the old fixtures. ATTACHMENTS: 1) Agreement FISCAL IMPACTS (Include Budgeted Amount): T,otal project is $268,745.00. We will receive a grant from Commerce for $74,512 and a PSE rebate of$54,233. This leaves a balance of $140,000 which will be paid off in less than 6 years and can be "financed" with the electrical savings. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the Energy Efficiency Grant from Department of Commerce; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � ' �3��rtr�� o� ��r� m�r�� ; ` • i i �r�� o� ��r ��a°�. , Interagency Agreement with � «Grantee» - through 2015-2017 Energy Efficiency and Solar Grants for Higher Education, Local Governments, State Agencies and Wash9ngton K-12 Public School Districts Start date: )uly 1, 2015 Washington State Department of Commerce � www.commerce.wa.gov TABLE OF CONTENTS � Face Sheet..................................................................................................................... 1 Special Terms and Conditions........................................................................................2 ; � 9. Grant Management..................................................................................2 2. Compensation � .........................................................................................2 3. Expenditures Eligible for Reimbursement ..........................2 ' ...................... 4. Billing Procedures and Payment.............................................................. 3 5. Insurance................................................................................................. 3 6. Order of Precedence ...............................................................................4 � 7. Reporting of Jobs Funded..........................:............................................. 5 8. Ongoing Measurement &Verification............................................... 5 • 9. Reappropriation....................................................................................... 8 � General Terms and Conditions ....................................................................................... 1 ; 1. Definitions................................................................................................ 1 2. Advanced Payments Prohibited............................................................... 1 3. All Writings Contained Herein.................................................................. 1 4. Amendments ........................................................................................... 1 5. Americans with Disabilities Act {ADA)...................................................... 1 6. Approval.................................................................................................. 1 7. Assignment................. .............. 1 ` ............................................................... ; 8. Attorney's Fees........................................................................................2 � 9. Audit........................................................................................................2 ' 10. Confidentiality/Safeguarding of Information.............................................. 2 11. Conformance...........................................................................................3 12. Copyright Provisions........................................................:....................... 3 13. Disputes ...................................................................................................4 14, Duplicate Payment...................................................................................4 15. Ethics/Conflicts of Interest .......................................................................4 16, Goveming Law and Venue ......................................................................4 17. Indemnification ........................................................................................4 18. Independent Capacity of the Grantee......................................................5 19. Industrial Insurance Coverage.................................................................5 20. Laws........................................................................................................5 21. Licensing,Accreditation and Registration ................................................5 22. Limitation of Authority..............................................................................6 23. Noncompliance With Nondiscrimination Laws..........................................6 24. Political Activities.....................................................................................6 25. Prohibition Against Payment of Bonus or Commission.............................6 26. Publicity...................................................................................................6 27. Recapture................................................................................................6 ' 28. Records Maintenance..............................................................................6 . 29. Registration With Department of Revenue...............................................7 30. Right of Inspection.............................................................................:..... 7 31. Savings..................:.................................................................................7 32. Severability.............................................................................................. 7 33, Subcontracting.........................................................................................7 34. Survival..........................................................:.........................................8 ; 35. Taxes.......................................................................................................8 � 36. Termination for Cause/Suspension..........................................................8 37. Termination for Convenience...................................................................8 ' 38. Termination Procedures...........................................................................8 39. Waiver.....................................................................................................9 {over) Attachment A, Scope of Work Attachment B, Total Project Budget Attachment C, Availability of Funds Attachment D, Cert'rfication of Prevailing Wages � � CONTRACT FACESHEET Grant Numbcr: «Official Contract Numben> Washington State Department of Commerce � Local Governmeut Division CO12MU1vITY CAPITAL FACILITIE5 LINIT 1. Granlee Z. Grantee Doing Business As(optional) �cGrantee» i «Address» � «City»,Washington aPostal Code» � _ ' 3. Grantee Representat'►ve 4. COMMERCE Representative «First»«Last» First Name,Ldst Name ` «CDBG ContractsTitle» P.O.Box 42525 � «CDBG ContractsPhone Number» 101 l Plum Street SE «Email» Olympia,WA 98504-2525 ' 5. Grant Amount 6. Funding Source � 7. Start Datc 8. Ead Date uOriginal_Amt» Federal:❑ State:� Other: ❑ N/A:❑ 7uly 1,2013 June 30,2017 9. Federat Funds(as appiicable) Federal A¢ency CFDA Number N/A N/A N/A ' 10. Tax iD# 11. SWV# � 12. UBI# 13. DUNS# N/A «Vendor Number» N/A N/A � 14.Grant Purpose ; '1�►e purpose of this contxact is to provide Washington's pvblic higher education institutions,local agencies,state agencies and K- ' 12 public school districts with grant funds for operational cost savings improvennents that result in energy and operational cost ' savings in accordance with Second En ossed House Bill 1115,Section 1035, Cha ter 3 Laws of 2015,2015 3ra S ccial Session COMMERCE,defined as the Department of Commerce or its successor agency,and the Grantee,as defined above,acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Agreement Terms and Conditions including Attachment"A"—Scope of DVork, Attachment"B"—Total Project Budget,Attachment"C"—Certification of Availability of Funds to Complete the Project, Attachment`�D"—Certificarion of the Payment and Reporting of Prevailing Wages. FOR GRANTEE F�R THE DEPARTMENT OF COMMERCE ; «Sig_Auth_Whole Name»,«Si�Authority_Title» Mark K.Bazkley,Assistant Director Local Govemment Division Print Name , Date APPROVED A5 TO FORM O • �`� / Title �G.. � �� Sandra C.Ad'� ,Assistant Atto ey General Date 02/23!2016 ` _ Date SPECIAL TERMS AND CONDI'I'IONS ' _ GENERAL GRANT STATE FUNDS THIS CONTRACT, entered into by and between «Grantee� (hereinafter referred to as the Grantee), and the Washington State Department of Commerce(hereinafter referred to as COMMERCE),WITNESSES THAT: ' WHEREAS, COMMERCE has the statutory authority under RCW 43.330.05Q(5)to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and . WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS,the Washington State Legislature has made an appro�riation in Second Engrossed '; House Bill 1115, Section 1035, (Chapter 3, Laws of 2015,2015 3` Special Session)to support the 2015-2017 Energy Efficiency and Solar Grants for state public Educational facilities; local ' governments, state agencies, and K-12 public school districts,and directed COMMERCE to administer those funds; and WHEREAS,the enabling legislation also stipulates that the Grantee is eligible to receive funding for acquisition, construction, or rehabilitation(a venture hereinafter referred to as the"ProjecY'). NOW, THEREFORE, in consideration of covenants,conditions, performances, and promises hereinafter � � contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT The Representat9ve for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. . , The Representative for COMMERCE and their contact information are identified on the Face � Sheet of this Agreement. � • The Representative for the Grantee and their contact information are identified on the Face Sheet of this Agreement. 2. COMPENSATION • COMMERCE shall pay an amount not to exceed «Original_Amt»for the performance o#all things � necessary for or incidental to the performance of work as set forth in the Scope of Work. � ; 3. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The Grantee may be reimbursed, at the rate set farth elsewhere in this contract,for work completed beginning July 1, 2015. Eligible project expenditures are in_the following cost categories: A. Design, engineering, arohitectural, planning services and nongrantee overhead and profit; B. Construction management and observation(from extemal sources only); C. Construction costs including, but not limited to,the following: Demolition; Site preparation; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. 2 I� SPECIAL TERMS AND CONDTTIONS � GENF..RAL GRANT STATE FLNDS . 4. 81LLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Grantee for 1D0%of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the Grantee shall submit to COMMERCE a signed and completed Invoice Voucher(Form A-19),that documents capitalized Project activity performed—by budget line item—for the bilfing period. ' The Grantee shaA evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The Grantee shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, confirming that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted,or within thirty(30)days thereafter. � The voucher must be certified (signed) by an official of the Grantee with authority to bind the Grantee. The final voucher shall be submitted to COMMERCE within sixty(fi0)days following fhe completion of work or other termination of this contract, or within fifteen(15) days following the end of the state ; � biennium unless contract funds are reappropriated by the Legislature in accordance with Section 9, hereof. Payment shall be considered timely if made by COMMERCE within thirty(30)calendar days after receipt of properly completed invoices. Proiect Status Report ; Each request for payment must be accompanied by a Project Status Report,which describes, in ' narrative form,the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not telease payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the Grantee. : Advance Pavments , No payments in advance or in anticipation of services or supplies to be provided under this � Agreement shall be made by COMMERCE. Duplication of Billed Costs 7he Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that seroice. Disallowed Costs The Grantee is responsible for any audit excep6ons or disallowed costs incurred by its own � organization or that of its subcontractors. Termination COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. 5. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while perForming under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional � 3 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS insureds under the insurance policy.A!I policies shall be primary to any other valid and collectable ' insurance, The Grantee shall instruct the insurers to give COMMERCE thirty(30)calendar days � advance notice of any insurance cancellation, non-renewal or modification. The Grantee shall submit to COMMERCE within fifteen (15)calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. � During the term of the Grant,the Grantee shall submit renewal certificates not fess than fhirty(30) , calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant,as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability,written on an occurrence basis, in adequate quantity to protect against legal fiability arising out of Grant activity but no less than$1,000,000 per occurrence.Additionally, the Grantee is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of � subgrants/subcontracts. � Automobile Liabifity. In the event that performance pursuant to this Granf involves the use of vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile fiability is�1,000,000 per � occurrence, using a Combined Single Limit for bodily injury and property damage. Grantees that Participate in a Self-Insurance Program. Self-InsuredlLiability Pool or Self- Insured Risk Management Program—With prior approval from COMMERCE, the Grantee may provide the caverage above under a self-insuredlliability pool or self-insured risk management program. In order to obtain permission from COMMERCE,the Grantee shall provide: (1)a description of its self-insurance program, and(2)a certificate and/or letter of coverage that , outlines coverage limits and deductibles. All self-insured risk management programs or self- insuredlliability pool financial reports must comply with Generally Accepted Accounting Principles � (GAAP)and adhere to accounting standards promulgated by: 1) Governmental Accounting ; Standards Board (GASB),2) Financial Accounting Standards Board{FASB), and 3}fhe Washington State Auditor's annual instructions for financial reporting. Contractors participating in joint risk pools shail maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under Grantee's self-insured/liability pool or self- , insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement,the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • Generaf Terms and Conditions • Attachment A—Scope of Work • Attachment B—Budget • Attachment C—Certification of the Availability of Funds to Complete the Project • Attachment D—Certification of the Payment and Reporting of Prevailing Wages 4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 7. REPORTING OF JOBS FUNDED _ The Grantee shall provide to Commerce each quarter a completed "2015-2017 Energy Efficiency and Solar Grants Quarterly Report"which will 9dentify the number of hours worked and jobs funded by the Project. For the purposes of this agreement,"quarterly"shail be defined as follows: • July through September, 2015 • October through December, 2015 • January through March, 2016 • April through June, 2016 � . July through September, 2016 • October through December, 2016 • January through March,2017 • April througf�June,2017 • Jufy through September, 2017 . October through December, 2017 • January fhrough March,2018 . April through June, 2018 including additional quarters if necessary(per below) The Grantee shall submit the 2015-2017 Energy Efficiency and Solar Grants Quarterly Report to COMMERCE as applicable within ten(1�)calendar days following the end of each quarter until all work on the Project has been completed and no additional Jobs are being funded. COMMERCE will email a Report form to each Grantee when the contract has been executed. 8. ONGOING MEASUREMENT 8 VERIFICATION Measurement and Verification of Energy Savings{ESPC—Energy Savings Pertormance Contracting Projects) After the Project has been completed and the Notice of tiie Commencement of Energy Savings has been issued, ongoing measurement and verification {M&V)begins, in order to verify that the guaranteed energy savings occurs. The required length of M&V is three(3)ysars. However, Grantees are encouraged to have M&V � performed for the length of the financing term to extend the energy savings or generation guaranteed for the Project. The proposed length of the ongoing M&V period should be identified in the Energy Services Proposal{ESP). The Grantee shall submit an annual M&V Report to Commerce by February 15'"of each year for the . prior calendar year until all measurement and verification requirements have been satisfied. Each M&V Report shall include: 1. An executtve summary that g9ves a brief description of the energy efficiency or solar measures identi6ed and if the guaranteed energy savings or generation were achieved; 2. The re{sort shalf include the following: a. Calculation of the energy savings or generation verified for each measure. b. A brief description of any changes to the subject facilities. If these changes have an impact on the verified energy savings or generation, this needs to be identified and the impact calculated. c. Any other deliverables that were proposed, such as greenhouse gas reduction calculations or building energy performance benchmarks. d. All physical measurements that were performed(i.e., boiler combustion test results, motor runtime logs). If necessary, these can be attached via appendix to the main report. e. A list of remedies the Energy Services Company(ESCO)will provide if the guaranteed savings or generation are not being met. Specify whether and by when the physical 5 ' SPECIAL TERMS AND CONDITIUNS GENERAL GRANT STAT�FiJNDS aspects of the project that led to the loss of savings or generation will be corrected. � Specify how the ESCO will reimburse the Grantee for the identified differences between the verified and guaranteed level of savings or generation. Specify the timing of when the ESCO will make the reimbursement to the Grantee. The guaranteed minimum energy savings or generation identified in the ESP and the verified actual � energy savings or generation should be identified in tabular form�for easy reference by the Grantee and COMMERCE. The energy savings or generation should be: • 1. Identified in the native unit of ineasure for each utility commodity, such as kWh or Therms for both guaranteed and verified energy savings; 2. Translated into utility bill dollar savings; and � ' 3. Denoted in dollars, using the energy rates in effect at the time the ESP was prepared. � If the Grantee can demonstrate to COMMERCE that the energy efficiency energy savings' value is small � compared to the cost of doing annual M&V, the Grantee maybe able to amend their contract's M&V period to one(1)year. C�MMERCE reserves the right to recapture all of the grant funds if the project does not provide their M&V report in a timely manner(within a few months after the one year date of completion). Measurement and Verification of Enerav Savin4s (Non-ESPC Profects) Projects that do not use Energy Savings Performance Contracting are also required to do M&V for three(3)years. However, Grantees are encouraged to have M&V performed for the length of the financing term to extend the energy savings or generation guaranteed for the Project. The proposed length of the ongoing M8�V period should be identified in the Investment Grade Audit or ESP. M&V reports must follow the Department of Enterprise Services (DES)energy savings performance contracting project guidelines. Third-party verification must be perFormed by one of the foliowing: 1. An energy savings performance contractor selected by DES through a request for quafifications; 2. A licensed engineer that is a certified energy manager; 3. A projecf resource conseniation manager; or . 4. An educational service district resource conservation manager or ' 5 An utility representative. The Grantee shall submit an annual M&V Report to COMMERCE by February 15�h of each year for the prior calendar year until all M&V requirements have been satisfied. Each Measurement and Verification Report shall include: 1. An executive summary that gives a brief description of the energy efficiency ar solar measures 9dentified and if the estimated energy savings or generation were achieved; 2. The report shall include the following: a. Calculation of the energy savings or generation verified for each measure. b. A,brief description of any changes to the subject facifities. If these changes have an impact on the verified energy savings or generation, this needs to be identified and the impact calculated. c. Any other deliverables that were proposed, such as greenhouse gas reduction calculations or building energy performance benchmarks. d. All physical measurements that were performed{i.e., boiler combustion test results, motor runtime logs}, tf necessary, these can be attached via appendix to fhe main report. 6 SPECIAL TER�YI.S AND CO\iDITIONS GENERAL CRANT STATE FUNDS � The estimated energy savings or generation identified in the final Investment Grade Audit or ESP and the verified energy savings or generation should be identified in tabular form for easy reference by the Grantee and Commerce. The energy savings or generation should be: ; 1. Identified in the native unit of ineasure for each utility commodity, such as kWh or Therms for both estimated and verified energy savings; 2. Translated into utility bill dollar savings; and 3. Denoted in dollars, using the energy rates in effect at the time of the report was completed. If the Grantee can demonstrate to COMMERCE that the energy efficiency energy savings'value is small compared to the cost of doing annual M&V, the Grantee maybe able to amend their conkract's M&V ' period to one(1}year. COMMERCE reserves the right to recapture all of the grant funds if the project does not provide their MB�V report in a timely manner(within a few months after the one year date of completion}, Measurement and Verification of Enerqv Savinqs for Municipal Street Liqhtina and School District Liphtins� Proiects After the Praject has been completed and the Notice of the Commencement of Energy Savings has been issued, ongoing measurement and verification (M&V) begins, in order to verify that the guaranteed energy savings occurs. . . The required length of M&V is one(1)year. However, Grantees are encouraged to have M&V � pertormed for the length of the financing term to extend the energy savings guaranteed for the , Project.The proposed length of the ongoing M�V period should be identified in the utifity fighting spread sheets. The Grantee shall submit an annual Measurement and Verification Report to Commerce by February 15�h of each year for the prior calendar year until all M&V requirements have been satisfied � Each Measurement and Verification Report shall include: 1. An executive summary that gives a brief description of the municipal street lighting or the school , district lighting measures identified and if the estimated energy savings were achieved; � 2. The report shall include the following: a. Installation M&V: Fixture Watts; The contactor shall measure the total watts of a sample of the existing fixtures and the replacement fixtures. For each fixture type and size,five percent of the fixtures shall be included in the sample. It is recommended that a third party representing the owner observe some of the testing. Control Operation: A functional test protocol for the lighting control system which clearly describes the individual systematic test procedures, the expected systems' response or acceptance criteria for each procedure shall be developed and provided to the installing electrician. At a minimum,the contractor shall implement the test protocol on no less than five percent of the controls, It is recommended that a third party representing the owner observe some of the testing. ' Energy Use Compared to Proposed Energy Use: Provide documentation of the acfual energy use compared to the proposed energy use and cost. 7 SPECIAL TERMS AND CONDITIUNS GENERAL GRANT � STATE FUNDS b. Annual M&V: , Fixture performance: Report the annual maintenance required to maintain fixture operation and energy savings. Including fixture failure rates or other required maintenance. ; Control changes and pertormance: Report changes in the control strategies that increase or decrees energy use. Report the annual maintenance required to maintain control operation and the energy savings, Energy Use Compared to Proposed Energy Use: Provide documentation of the actual ' energy use campared to the proposed energy use,demand and cost. M&V reports must follow the Department of Enterprise Services(DES)energy savings perFormance contracting project guidelines. Third-party verification must be performed by one of the following: 1. An energy savings performance contractor selected by DES through a request for qualifications; 2. A licensed engineer that is a certified energy manager; 3. A project resource consenration manager, 4. An educational service district resource conservation manager or 5. A utility representative. COMMERCE reserves the right to recapture all of the grant funds if the project does not provide their M&V report in a timely manner(within a few months after the one year date of completion}. 9. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2017, will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated,the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. in the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 8 , GENERAL TERMS AND CONDITIONS GENERAL GRANT i STATE FUNDS i I 1. DEFINITIONS � As used throughout this Agreement,the foliowing terms shal!have the meaning set forth below: A. "Authorized Representative° shall mean the Director andlor the designee authorized in writing to act on the Director's behalf. � B. "COMMERCE"shall mean the Department of Commerce or its successor agency. C. "Grantee"shall mean the entity identified on the face sheet performing service(s)under this Agreement, and shall include all employees and agents of the Grantee. D. "Personal Information"shall mean informatian identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor'shall mean one not an employee of the Grantee, who is pertorming all or part of those services under this Agreement under a separate Agreement with the Grantee. The terms "subcontractor"and"subcontractors" mean subcontractor(s)in any tier. 2. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by COMMERGE. 3. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other . understandings; oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 4. AMENDMENTS � This Agreement may be amended by mutual agreement of the pa�ties. Such amendments shall not be binding unless they are in writing and signed by persannel authorized to bind each of the parties. � 5. AMERICANS WITH DISABILITIES ACT 4ADA}OF 1990, PUBLIC LAW 101-33fi,also referred to as the"ADA' 28 CFR ParE 35 � The Grantee must comply with the ADA,which provides comprehensive civil rights protection to I individuals with disabilities in the areas of employment, public accommodations, state and local . government services,and telecommunicafions. � 6. APPROVAL � This Agreement shall be subject to the written approval of COMMERCE's Authorized Representative and shall not be binding until so approved. The Agreement may be altered, amended, or waived only by a written amendment executed by both parties. 7. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shafl be transferred or assigned by the Grantee without prior written consent af COMMERCE. 1 GENERAL TERMS AND CONDITIONS GENERAL GRANT � STATE FUNDS 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney's fees and costs. 9. AUDIT A. General Requirements i Contractors are to procure audit services based on the following guidelines, i The Contractor shall maintain its records and accounts so as to facilitate audits and shall ensure I that Subcontractors also maintain auditable records. � The Contractor is responsible for any audit exceptions incurred by its own organization or thaf of its Subcontractors. COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from the audit. Responses to any unresolved findings and disallowed or questioned costs shall be included with � • the audit report. 7he Contractor must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty(30)days of the date of request. B. State Funds Requirements In the event an audit is required, if the Contractor is a state or lacal government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the abave audit requirements in any subcontracts. In any case, the Contractor's records must be available for review by COMMERCE. C. Documentation Reauirements The Contractor must send a copy of any audit report no iater than nine{9) months after the end of the Confractors fiscal year(s) by sending a scanned copy to auditreviewCa�commerce.wa.Qov or a hard capy to: Qepartment of Commerce ATTN: Audit Review and Resolution Office � 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable,the Grantee must include: • Corrective action plan for audit findings within three(3) months of the audit being received by COMMERCE. � • Copy of the Management Letter and Management Decision Letter,where applicable. � If the Contractor is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to Commerce; no other report is required. 10. CONFIDENTIALITYISAFEGUARDING OF INFORMATION �: A. "Confidenkial Information" as used in this section includes: 1. All material provided to the Grantee by COMMERCE that is designated as "confidential"by COMMERCE; 2 GENERAL TERMS AND C�NDITIONS GENERAL GRANT STATE FUNDS 2. All material produced by the Grantee that is designated as"confidential"by COMMERCE and , 3. All personal information in the possession of the Grantee that may not be disclosed under : state or federal law. "Personal information" includes but is not limited to information related to a person's name, health,finances, education, business, use of government services, addresses,telephone numbers, social security number, driver's license number and other identifying numbers, and"Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 {HIPAA). B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer,sale, or disclosure of Confidential Information,The Grantee shall use Confdential Information solely for . the purposes of this Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law.The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of ; Confidential Information or violation af any state or federaf laws related thereto. Upon request, , the Grantee shall provide COMMERCE with its policies and procedures on confidenfiality. COMMERCE may require changes to such policies and procedures as they apply to this � Agreement whenever the Grantor reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shaA make the changes within the time period specified by COMMERCE. Upon request,the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately ; protected by the Grantee against unauthorized disclosure. ; C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five(5)working days of any unauthorized use or disclosure of any confidential information, and shall take � necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is � considered modified to conform to that statute or ru(e of law. 12. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shal!be considered"works for hire"as defined by the U.S.Copyright Act and shail be owned by the Grantor. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered"works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in alt Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. , "Materials" means all items in any format and includes, but is not limited to, data, repo�ts,documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,films, tapes, and/or sound reproductions. "Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not produced under the Agreement,the Grantee hereby grants to COMMERCE a nonexclusive, royalty- free; irrevocable license(with rights to sublicense to others)in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and � represents thaf the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. � The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of I. Materials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this 3 GENERAL TERMS AND COPIDITlONS ' GENERAL GRANT . STATE FUNDS � Agreement. COMMERCE shall have the right to modify or remove any restrictiye markings placed upon the Materials by the Grantee. 13. DISPUTES Except as otherwise provided in this Agreement,when a dispute arises between the parties and it ' cannot be resolved by direct negotiation, either party may request a dispute hearing with COMMERCE's Director,who may designate a neutral person to decide the dispute. The request for a dispute hearing must: •, be in writing; • state the disputed issues; � • state the relative positions of the parties; • state the Grantee's name,address, and Agreement number; and • be mailed to#he Director and the other party's {respondent's)Agreement Representative within three(3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five(5)]working days. The Director or designee shall review the written statements and reply in writing to bofh parties within , ten (10)working days. The flirector or designee may extend this period if necessary by notifying the parties. ' 7he decision shall not be admissible in any succeeding judicial or quasi judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi Judicial tribunal. Nothing in this Agreement shall be construed to limit the parties'choice of a mutually acceptable altemate dispute resolu6on (ADR) method in addition to the dispute hearing procedure outlined above. 14. DUPLICATE PAYMENT - The Grantee certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other Agreement, subcontract, or other source. 15. ETHICSICOIdFLICTS OF INTEREST In pertorming under this Agreement, the Grantee shall assure compliance with the Ethics in Public Service Act(Chapter 42.52 RCW)and any other applicable state or federal law related to ethics or conflicts of interest. 76. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washin�ton, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 17. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, all other agencies of the state and a{I officers, agents and employees of the state,from and against all claims or damages for injuries ta persons or property or death arising out of or incident to the Grantee's performance or failure to perform the Agreement. The Grantee's obligation to indemnify, defend, and hold harmisss includes any claim by the Grantee's agents, employees, representatives,or any Subcontractor or its agents, employees, or representatives, 4 GENERAL TERMS AND CONDITIONS GENERAL GRANT ' STATE FUNDS The Grantee's obiigation to indemnify,defend, and hold harmless shall not be eliminated by any � actua!or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall inciude a comprehensive indemnification clause holding harmless the Grantee, ! COMMERCE, the state of Washington, its officers, employees and authorized agents. ; The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers,agents or employees. , 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an Endependent contractor relationship will be created by this Cantract. The employees or agents of Grantee shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of Commerce. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE by reason hereof, nor will the � Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. � 19. INDUSTRIAL INSURANCE COVERAGE � 7he Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount : owed by the Grantee to the accident fund ftom the amount payab�e to the Grantee by COMMERCE under this Agreement, and transmit the deducted amount to the Department of Labor and Industries, ; (L&I) Division of Insurance Services. This provision does not waive any of L&1's rights to collect from the Grantee. 20. LAWS The Grantee shall comply with all applicable laws, ardinances, codes, regulations and policies of local and state and federal governments,as now or hereafter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (91). B. Boards of directors or officers of non-profit corporations—Liability-Limitations, RCW 4.24.2fi4. C. Disclosure-campaign finances-lobbying, Chapter RCW 42.17A. D. Discrimination-human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office af minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. / l. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 21. LICENSING.ACCREDITATION AND REGIStRATIOW The Grantee shall comply with all applicable local, state, and federaf licensing, accreditation and registration requirements or standards necessary for the performance of this Agreement. 5 GENERAL TERMS AND CONDITlONS � GENERAL GRAN7 STATE FUNDS 22. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing(designation ; to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, � modify, or waive any clause or condition of this Agreement. ; 23. NONCOMPLIANCE WITH NOWDISCRIMINATION LAWS ! During the performance of this Agreement,the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Agreements with the state. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 24. POLITICAL ACTIVITIES Political activity af Grantee employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter RCW 42.17A and the Federal Hatch Act; 5 USC 1501 - 1508. No funds may be used under this Agreement for working for or against ballot measures or for or against the candidacy of any person for public office. 25. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial,or other such services, other than actual solicit�tion,are not hereby prohibited if otherwise eligible as project cosks. 26. PUBLICI7Y � � The Grantee agrees not to publish or use any advertising or publicity materials funded under or arising out of the work under this Agreement in which the state of Washington or COMMERCE's name is mentioned,or language used from which the connection with the state af Washington's or ' COMMERCE's name may reasonably be inferred or implied,without the prior writEen consent of COMMERCE. 27. RECAPTURE DISINCEN7IVE In the event that the Grantee fails to perform this Agreement in accordance with state laws, federal laws, andlor the provisions of this Agreement, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the altemative, COMMERCE may recapture such funds from payments due under this Agreement. 28. RECORDS MAINTENANCE OUTPUT The Grantee shall maintain all books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting � procedures and practices which sufficiently and properly reflect all direct and indirect costs of any 6 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS nature expended in the performance of this Agreement. Grantee shall retain such records for a period of six years following the date of final payment. If any litigation,claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 29. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State Department of Revenue. 30. RIGHT OF INSPECTION , At no additional cost all records relating to the Grantee's perFormance under this Agreement shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the OfFce of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quafity assurance under this Agreement. The Grantee shall provide access to its facilities for this purpose. 31. SAVIIdGS � fn the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way � � after the effective date of this Agreement and prior to normal completion, COMMERCE may terminate ; the Agreement under the"Termination for Convenience"clause,without the ten business day notice requirement. In lieu of termination, the Agreement may be amended to reflect the new funding limitations and conditions. 32. 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 that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared . � to be severable. � 33. SUBCONTRACTING , The Grantee may only subcontract work confemplated under this Agreement if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontrac6ng, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Agreement; (b)prohibit the Grantee from subcontracting with a particular person or entity; or(c) require the Grantee to rescind or amend a subcontract. � Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The Grantee is responsible to COMMERCE if the Subcontractor faiis to comply with any applicable term or conditian of this Agreement. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties, Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 7 GENERAL TERMS AND CONQITIONS GENERAL GRAN7 STATE FUNDS 34. SURVIVAL The terms,conditions, and warranties contained in this Agreement that by their sense and context are � intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 35. TAXES � All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 36. TERMlNATION FOR CAUSE!SUSPENSION DISINCENTIVE � In event COMMERCE determines that the Grantee failed to comply with any term or condition of this Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice to the Grantee. Such termination shall be deemed"for cause." Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Grantee a specific period of time in which to correct the non-compliance. During the corrective-action time period,COMMERCE may suspend further payment to the Grantee in whole or in part, or may restrict the Grantee's right to pertorm duties under this Agreement. Failure by the Grantee to take timely corrective action shall allow COMMERCE to terminate the Grant upon written notice to the Grantee. 'Termination for Cause"shall be deemed a"Termination for Convenience"when COMMERCE determines that the Grantee did not fail to comply with the terms of the Agreement or when ; COMMERCE determines the failure was not caused by the Grantee's actions or negligence. If the Agreement is terminated for cause,the Grantee shall be liable for damages as authorized by law, including, but not fimited to,any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement(i.e., competitive bidding, mailing, advertising, and staff time). 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement COMMERCE may, by ten(10)business days written notice, beginning on the second day after the mailing, ferminate this Agreement, in whole or in part. If this Agreement is 5o terminated, COMMERCE shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 36. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Grantee shall: A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materiafs, services, or facilities related to the Agreement; C. Assign to COMMERCE all af the rights,title, and interest of the Grantee under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion,to settle or ' pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Grantee to settle such claims must have the prior written approval of COMMERCE; and D. Preserve and transfer any materials, Agreement deliverables and/or COMMERCE property in the Grantee's possession as directed by COMMERCE. 8 GENERAL TERMS AND CONQITIONS GENERAL GRANT STATE FUNDS Upon termination of fhe Agreement, COMMERCE shall pay the Grantee far any service provided by the Grantee under the Agreement prior to the date of termination. COMMERCE may withhold any amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount to the Grantee if COMMERCE later determines that loss or liability will not occur. The rights and remedies of COMMERCE under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or � breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by Authorized Representative of COMMERCE. . g Attachment A Scope of Work The Grantee will use these grant funds to implement operational cost savings improvements at its local governmental facilities and related projects that result in energy and operational cost savings in accordance with Second Engrossed House Bill 1115, Sectian 1035, (Chapter 3, Laws of 2015,2015 3ro Special Session) . The work will be performed in accordance with the more detailed scope of work found in the Energy Services Proposal or Investment Grade Audit or lighting spreadsheets prepared by ..., , date..., incorporated herein by reference as if specifically set forth. The Grantee, by its signature,certifies that the declaration set fotth above has been reviewed and approved by the Grantee's governing body as of the date and year written belaw. GRANTEE TITLE DATE Attachment B Total ProjecE Budget Line Item Amount ; «Line Item 1 Namen uLine Item 1 Amount� � «Line�ltem 2 Namen «Line Item 2 Amountb «Line Item 3 Name» «Line Item 3 Amount» «Line item 4 Namen aLine Item 4 Amountn �Line Item 5 Name� «Line Item 5 Amountp � «Line Item 6 Nameb «Line Item 6 Amountb Total Contracted Amount: «Total Bud etp The Grantee, by its signature, certifies that the Total Project Budget set forth above has been reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE Attachment C �' Certification of the Availability of Funcls to Compiete the Project Non=State Funds Amount Total � cNonState_Funds_1» «NonState_Fund s 1 Amount» � «NonState Funds 2» «NonState Fund � s 2 Amount» «NonState Funds 3» c�NonState Fund s 3 Amount» � «NonState Funds 4» «No�State Fund - s 4 Amount» «NonState Funds 5» «NonState Fund s 5 Amount� «NonState Funds 6n «NonState Fund s 6 Amount� Total Non-State Funds «Total NonState «Total NonState Amount» Amount» State Funds � State Capital Budget � «Total_Contracte «Total Contract d Amount» ed Amount� KTotal_Budget» Total Non-State and State Sources The Grantee, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the Grantee's governing body or board of directo�s,as app{icable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The Grantee shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. � GRANTEE 71TLE � DATE � Attachment D � i Certification of the Payment and Reporting of Prevailing Wages � The Grantee, by its signature, certifies that all contractors and subcontractors performing work on the � Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as June 15, 2011, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and"Affidavit of Wages Paid"as required by RCW 39.12.040. The Grantee shall maintain records sufficient to evidence � compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review upon request. If any state funds are used by the Grantee for the purpose of construction, applicable State Prevailing Wages must be paid. The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and approved by the Grantee's governing body as of the date and year written below. GRANTEE ' i TITLE DATE AGENDA BILL 7 � CITY OF BREMERTON CITY COUNCIL SUBJECT: Memorandum of Understanding Study Session Date: July 13, 2016 and Updated Air Rights Easement granted to COUNCIL MEETING Date: July 20, 2016 606 Lorax, LLC Department: City Attorney's Office Presenter: Roger A Lubovich Phone: 360-473-2345 SUMMARY: Construction was recently completed on the 606 Apartments. The proposed Memorandum of Understanding (MOU) outlines the responsibilities for maintenance and utility use for the common areas used by both the City and 606 Apartments. The proposed Air Rights Easement corrects legal descriptions and updates the easement previously granted to 606 Lorax, LLC for use of certain air space for balconies and related structures. ATTACHMENTS: MOU, Air Rights Easement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to a rove the Memorandum of Understandin and updated Air Rights Easement granted to Pp 9 606 Lorax, LLC; and authorize the Mayor to finalize and execute the easements with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 • MEMORANDUM OF UNDERSTANDING AND AGREEMENT BETWEEN CITY OF BREMERTON AND 606 LORAX,LLC FOR MAINTENANCE AND UTILITY USE This Memorandum of Understanding and Agreement is entered into the date fully executed below by and between the CITY OF BREMERTON, a Washington municipal corporation, its successors and assigns, ("City')and 606 LORAX, LLC, its successors and assigns, ("Lorax"). WHEREAS, City is the owner of real property located in the City of Bremerton; and WHEREAS, Lorax is the owner of an apartment building complex known as 606 Apartments located at 606 Burwell Street adjacent to and upon the City's property; and WHEREAS, City and Lorax desire to enter into this Memorandum of Understanding and Agreement("MOU") to clarify responsibilities for maintenance and utility use for common areas used by both the City and Lorax; NOW THEREFORE, THE PARTIES UNDERSTAND AND AGREE AS FOLLOWS: � I. MAINTENANCE AYtEAS� The specific areas for maintenance and utility use to be addressed by this MOU are as follows: A. Parkin�Level P-2, P-3 and P-4 1) City is responsible for cleaning, repairs, maintenance and utilities for public parking stalls, drive aisles, and overhead coiling door on P-41eve1, to be installed by Lorax and maintained by the City. (See Exhibit A - `yellow' areas are City responsibilities.) 2) Lorax is responsible for cleaning, repairs, maintenance and utilities for improvements related to the apartments which include: P-2 elevator pit walls; P-3 exterior entry into Lorax lobby, lobby and mail room, elevators, maintenance room, sprinkler room and electrical room; P-4 elevator lobby, elevators, trash room, electrical meter room, bike rack located in garage area. Both stairways (northwest and southeast) from P-41eve1 up to R-1 level and above. (See�xhibit A—`blue' areas are Lorax responsibilities). B. Exterior Buildin�; Surfaces 1) City is responsible for cleaning, repairs, maintenance and utilities for exterior surfaces. Including: landscape beds and irrigation; walking and driving surfaces; brick veneer; guard rails and vehicle barriers; stainless steel decorative screening; concrete walls. (See Exhibit A- `pink' areas are City responsibilities). 2) Lorax is responsible for cleaning, repairs, maintenance and utilities for limited exterior improvement between grade and top of brick veneer or concrete walls. Including: exterior concrete between public sidewalk and storefront at main entry at P-3 level; steel canopy at building entry; exterior lighted sign at P-4 level; windows and storefronts(at P-3 and P-4 lobbies); painted exterior surfaces (at P-3 and P-4 elevator shaft, maintenance room and trash room); exposed gas piping; exposed piping on east, west and north faces. (See Exhibit A— `blue' areas are Lorax responsibilities). 3) Clarification of use of alley for dumpster use by Lorax. There is a common area for dumpster collection being used by both Lorax and adjacent property owners 1 (see Exhibit A drawing A1.102 dumpsters are located between Grids N and P). The alley north of the building is public right of way and it is the responsibility of the City to repair and maintain existing improvements (drive surfaces,utilities, lighting). Users of the dumpster area are expected to clean up debris on hard surfaces caused by dumpster locations. II. EXHIBI'I'ATTACHMENTS. Exhibit A consists of the following attachments. • P-2 level floor plan (Hinthorne Mott drawing A2.02E) • P-3 level floor plan (Hewitt drawing A 1.101) • P-41eve1 floor plan (Hewitt drawing A1.102) • South exterior elevation (Hewitt drawing A2.l01) • East and west elevations (Hewitt drawing A2.102) • North elevation (Hewitt drawing A2.103) III. AMENDMENT. This MOU may be amended by written agreement signed by both parties. This MOU shall be binding upon the parties hereto and their respective heirs, successors, and assigns, unless terminated as set forth in Section N, below. Any amendment of the MOU is subject to notice being provided to any lender with a mortgage interest in the Property. IV. TERMINATION. Either party, for cause, may on sixty(60) days prior written notice, terminate this MOU following an opportunity to cure. Should the breaching party fail to cure the breach within the sixty(60) day period, this MOU shall terminate. Notwithstanding the foregoing, no breach shall be deemed to have occurred should the breaching party commence cure and diligently be pursuing the same (subject to force majeure). Any termination of the MOU is subject to nofice being provided to any lender with a mortgage interest in the Property. V. LENDER CONSENT/NOTIFICATION. Lorax shall be responsible for obtaining any consent of a lender and providing any notice to a lender required by this MOU. VI. NOTICE. Any notice desired or required to be given under this MOU shall be made in writing via nationally recognized overnight courier (deemed given at delivery or proof thereof to: a. City of Bremerton Attn: City Clerk 345 6`h Street, Suite 600 Bremerton, WA 98337 b. Lorax Attn: Paul Quaiver 401 2"d Ave S, Suite 200 Seattle, WA 98104 2 c. To any lender with a mortgage interest in the Property, at its address set forth in such recorded mortgage. VII. GOVERNING LAW AND FORUM FOR DISPUTES. The forum for any dispute under this MOU shall be in the State of Washington, the laws of which shall govern. IN WITNESS WHEREOF, this Memorandum of Understanding and Agreement has been executed by each party on the dates set forth below. 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'• � F�' ` � � ii•�i};'�/�Ar:l(' � � —= -- i � { NOR7►i ELEVATION � L (��Nn.rM�utfr�Flev�rrYi ._. .... . .�.. • . ._ ... -.�_ •�� ; % , � ` � �~ l'1L.��a7 e B ..�.'aa.. _ . t� _._ _'_..�__' __'_ , __'.._.�_ .___"___—'__.�. —..__ �.+___'_".____ _.__�. ._._ •_•_._..��.N.^,..._: AFTER RECORDING RETURN TO: City Clerk City of Bremerton 345 6`" Street, Suite 600 Bremerton, WA 98337 Grantor: City of Bremerton Grantee: 606 Lorax, LLC Auditor's File Number of Documents Referenced: Air Rights Easement Agreement recorded under No. 201410310213, and Amendment to Air Rights Easement Agreement recorded under No. 201604130128 Abbreviated Legal Description: Portion of Government Lot 3, (SW '/, SW '/) Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington Additional Legal Description on Exhibits A,B, and C Assessor's Tax Parcel ID No. 3718-014-007-0001, 3718-014-009-0009, 3718-014-010-0006, 3718-014-014-0002 AIR RIGHTS EASEMENT AGREEMENT THIS INSTRUMENT (the "Agreement") made this day of 2016, by and between the CITY OF BREMERTON, a Washington municipal corporation, its successors and/or assigns ("Grantor") and 606 LO�tAX, LLC, a Washington limited liability company, its successors and/or assigns("Grantee"). RECITALS WHEREAS, Grantor is the owner of real property located in the City of Bremerton, and more particularly described in the legal description attached as Exhibit A (the "Grantor Property"). Page 1 of 11 WHEREAS, Grantee is the owner of real property located adjacent to Grantor's right-of- way, more particularly described in the legal description attached as Exhibit B (the "Grantee Property"). WHEREAS, Grantor and Grantee entered into an Air Rights Easement Agreement recorded under number 201410310213 ("Easement") for Grantee's use of certain air space above the real property described in Exhibit A above in connection with the construction, operation, ownership and maintenance of a multifamily residential apartment project located on the real property described in Exhibit B above. The air space easement boundaries are more fully described in Exhibit C (together with the Grantor Property and the Grantee property, the "Property") of the Easement; and WHEREAS, Grantor and Grantee entered into an Amendment to Air Rights Easement Agreement recorded under number 201604130128; and WHEREAS, Grantor and Grantee now desire to terminate and replace in their entirety the Air Rights Easement Agreement and the Amendment to Air Rights Easement Agreement with a new Air Rights Easement Agreement; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: AIR RIGHTS EASEMENT 1. Easements Tenninated. The Air Rights Easement Agreement recorded under number 201410310213 and the Amendment to Air Rights Easement Agreement recorded under number 201604130128 are hereby terminated and replaced in their entirety upon the execution of this Air Rights Easement Agreement. 2. Easen�ent Gr-unted. Grantor for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and convey to Grantee, its successors and/or assigns, as an easement running with the land, an easement for Grantee's use of certain air space above Grantor's real property as described in Exhibit A in connection with the construction, operation, ownership and maintenance of a multifamily residential apartment project known as 606 Apartments located on the real property described in Exhibit B and Exhibit C. 3. Irlciernni icatior:. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, wrongfully arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. Page 2 of 11 4. Terminutiort of Easement. This easement shall be a covenant running with the land, and may not be terminated except as set forth herein, so long as said easement is used for its granted purpose; and, should the easement not be used for its granted purpose, the Grantor may terminate this easement upon providing Grantee sixty (60) days prior written notice and opportunity to cure. Should the Grantee fail to cure the breach within the sixty (60) day period, the easement shall terminate and all interest herein shall revert to the Grantor. Notwithstanding the foregoing, no breach shall be deemed to have occurred should the Grantee commence cure and diligently be pursuing the same (subject to force majeure). However, in the event the improvements (apartment building) situated on Grantee's Property is totally removed or abolished due to Grantee's willful act or omission and not restored in such event, this easement shall automatically terminate. A foreclosure of Grantee's property described in Exhibit B and Exhibit C shall not constitute a breach subject to termination of the easement set forth in this Agreement. The terms and conditions of this Agreement shall be binding on the Grantor's and Grantee's successors, heirs, and assigns. 5. E��cr•oachmerzts. In the event any portion of the Grantee Property encroaches upon any portion of the Grantor Property or any portion of the Grantor Property encroaches upon any portion of the Grantee Property, or each encroaches on the Property, as a result of the construction, repair, shifting, settlement or movement of any portion of the improvements, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the encroachment exists. The foregoing creation of an easement shall not apply to any unauthorized improvements by Grantor or a Grantee. � 6. Material Itnproveme�lt Alter•ations. Any material alteration of any improvements under, in, on, or about the Project (e.g., the City of Bremerton Parking Garage located on the Grantor Property and/or the multifamily residential apartment building currently known as 606 Apartments located on the Grantee Property and Exhibit C) shall require the prior written consent of the Grantor and the Grantee. 7. Amendrnerit. Any amendment to this Agreement may be made only in writing and signed by the Grantor and the Grantee. 8. GoverninQ Law and Forunt for Dis�utes. The forum for any dispute under this Agreement shall be in the State of Washington, the laws of which shall govern. 9. Notice. Any notice desired or required to be given under this Agreement shall be made in writing via nationally recognized overnight courier (deemed given at delivery or proof thereof to: a. City of Bremerton Attn: City Clerk 345 6`" Street, Suite 600 Bremerton, WA 98337 b. To the Grantee, at its address set forth in the Kitsap County Tax Records. Page 3 of 11 c. To any lender with a mortgage interest in the Property, at its address set , forth in such recorded mortgage. 10. Lender Consent/Noti ication. Grantee shall be responsible for obtaining any consent of a lender and providing any notice to a lender required by this Agreement. DATED this day of , 2016. � GRANTOR: CITY OF BREMERTON By: Pariy Lent, Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2016, before me a Notary Public in and for the State of Washington, personally appeared Patty Lent, to me known to be the Mayor of City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument,and on oath stated that she was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires Page 4 of 11 DATED this day of , 2016. G1tANTEE: 600 LORAX, LLC By: Paul Slawson Its: General Manager STATE OF WASHINGTON ) )ss. COUNTY OF KITSAP ) On this day of , 2016, before me a Notary Public in and for the State of Washington, personally appeared Paul Slawson, to me known to be the General Manager of Lorax, LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal MustAppear W�th�n This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires Page 5 of 11 EXHIBIT A GRANTOR'S PROPERTY LOTS 1, 2, 3, 4,48, 49, 50, AND THE WEST 6 FEET OF LOT 47, BLOCK 14 AND THE EAST10 FEET OF PARK AVENUE (FORMERLY DOCK STREET) OF THE PLAT OF THE TOWN OF BREMERTON, AS RECORDED 1N VOLUME 2, OF PLATS PAGE 030, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE 1N GOVERNMENT LOT 3, SECTION 13, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, KITSAP COUNTY, WASHINGTON; TOGETHER WITH LOTS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, AND 15 OF SAID BLOCK 14 OF THE TOWN OF BREMERTON; TOGETHER WITH THE SOUTHERLY 4 FEET OF THE ALLEY LAYING ADJACENT AND ABUTTING LOTS 5 THROUGH I5, 1NCLUSIVE, OF SAID BLOCK 14 OF THE TOWN OF BREMERTON; EXCEPT THAT PORTION OF THE ABOVE FOR RIGHT OF WAY UNDER AUDITOR FILE NO. 200609010279 AND 200608300282, RECORDS OF KITSAP COLJNTY, WASHINGTON. Page 6 of 11 ' EXHIBIT B GRANTEE'S PROPERTY AIR SPACE LEGAL DESCRIPTION FOR EXISTING APARTMENT PAD ABOVE P-5 LEVEL (Approximate elevation of existing pad at 49.0 to 50.0' NAD 88) THE AIR SPACE LY1NG WITHIN THE BOUNDARIES OF THE FOLLOWING DESCRIBED PROPERTY ABOVE THE P-4 LEVEL AT 49.0 FEET TO 50.0 FEET NAVD 88; THAT PORTION OF BLOCK 14 AND THE EAST HALF OF VACATED PARK AVENUE (FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2 OF PLATS,PAGE 30,RECORDS OF KITSAP COUNTY,WASHINGTON, SITUATE 1N GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH,RANGE 1 EAST,WILLAMETTE MERIDIAN, IN KITSAP COUNTY,WASHiNGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND BURWELL STREET;THENCE NORTH 1°37;00"EAST 280.11 FEET TO AN EXISTING MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND 4T�' STREET;THENCE ALONG THE CENTERLINE OF 4T" STREET'SOUTH 88°24'41"EAST 12?.l 1 FEET;THENCE LEAVING SAID CENTERLINE SOUTH l°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AN EXIST[NG CONCRETE WALL;THENCE LEAVING SAID OUTSIDE EDGE SOUTH 1°35'04" WEST 25.38 FEET;THENCE SOUTH 88°24'S6"EAST 8.46 FEET;THENCE SOUTH 1°35'04" WEST 7.04 FEET;THENCE SOUTH 88°24'S6"EAST 9.29 FEET; THENCE SOUTH 1°35'04" WEST 0.83 FEET;THENCE NORTH 88°24'S6" WEST 0.42 FEET;THENCE SOUTH 1°35'04"WEST 79.25 FEET TO A POINT BEING 3.5 FEET NORTH OF THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK 14;THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 88°25'S6"EAST 108.92 FEET TO ITS 1NTERSECTION WITH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR THE CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16, 2010 BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°24'S6" EAST 191.17 FEET;THENCE SOUTH I°35'04" WEST 6.17 FEET;THENCE SOUTH 88°24'S6"EAST 38.17 FEET;THENCE SOUTH i°35'04" WEST 54.17 FEET;THENCE NORTH 88°24'S6" WEST 70.83 FEET AND ALSO KNOWN AS POINT"A";THENCE NORTH 1°35'04"EAST 2.17 FEET; THENCE NORTH 88°24'S6" WEST 102.67 FEET;THENCE SOUTH 1°35'04"WEST 2.17 FEET; THENCE NORTH 88°24'S6" WEST 55.83 FEET;THENCE NORTH 1°35'04"EAST 6033 FEET TO THE TRUE POINT OF BEGINNING. Page 7 of 11 EXHIBIT C ADDITIONAL AIR SPACE LEGAL DESCRIPTION FOR EXISTING APARTMENT PAD ABOVE P-5 LEVEL ADDITIONAL AIR SPACE AREA# 1 (Over hang at drive entry) A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE(FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2,OF PLATS PAGE 030,RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3,SECTION 13,TOWNSHIP 24 NORTH, RANGE 1 EAST,WILLAMETTE MERIDIAN,KITSAP COUNTY,WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MONUMENT 1N CASE AT THE 1NTERSECTION OF PARK AVENUE AND BURWELL STREET,THENCE NORTH 1°37'00"EAST 280.11 FEET TO AN EXISTING MONUMENT 1N CASE AT THE 1NTERSECTION OF PARK AVENUE AND 4TH STREET; THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET;THENCE LEAVTNG SAID CENTERLINE, SOUTH 1°40'09"WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL;THENCE LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET;THENCE SOUTH 88°24'S6" EAST 8.46 FEET;THENCE SOUTH 1°35'04" WEST 7.04 FEET;THENCE SOUTH 88°24'S6" EAST 9.29 FEET; THENCE SOUTH 1°35'04" WEST 0.83 FEET;THENCE NORTH 88°24'S6" WEST 0.42 FEET;THENCE SOUTH 1°35'04" WEST 79.25 FEET TO A PO1NT BE1NG 3.5 FEET NORTH OF THE SOUTH L1NE OF THE VACATED ALLEY IN SAID BLOCK 14;THENCE,PARALLEL WITH SAID SOUTH LINE, SOUTH 88°24'S6" EAST 108.92 FEET TO 1TS 1NTERSECTION WITH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010;THENCE SOUTH 88°24'S6" EAST 191.17 FEET BEING THE TRUE PO1NT OF BEGINNING, (ELEVATION 49.90'); THENCE SOUTH 1°35'04" WEST 6.17 FEET;THENCE SOUTH 88°24'S6" EAST 3.33 FEET;THENCE NORTH 1°35'04" EAST 6.17 FEET;THENCE NORTH 88°24'S6"WEST 3.33 FEET TO THE TRUE POINT OF BEGINNING. ADDITIONAL AIR SPACE AREA#2 (over hang at parking stall) A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE(FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2,OF PLATS PAGE 030,RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH, RANGE 1 EAST,WILLAMETTE MERIDIAN, KITSAP COUNTY,WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MONUMENT 1N CASE AT THE 1NTERSECTION OF PARK AVENUE AND BURWELL STREET,THENCE NORTH 1°37'00"EAST 280.11 FEET TO AN EXISTING MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND 4TH STREET;THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET;THENCE LEAVING SAID CENTERLINE, SOUTH 1°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL;THENCE LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET; THENCE SOUTH 88°24'S6" EAST 8.46 FEET;THENCE SOUTH 1°35'04" WEST 7.04 FEET;THENCE SOUTH 88°24'S6" EAST 9.29 FE�T;THENCE SOUTH 1°35'04" WEST 0.83 Page 8 of 11 FEET;THENCE NORTH 88°24'S6"WEST 0.42 FEET; THENCE SOUTH 1°35'04" WEST 79.25 FEET TO A POINT BE1NG 3.5 FEET NORTH OF THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK 14;THENCE,PARALLEL WITH SAID SOUTH LINE, SOUTH 88°24'S6" EAST 108.92 FEET TO ITS INTERSECTION WITH THE THEORETICAL GRID L1NE L AS SHOWN ON THE CONTRACT PLAN SET FOR CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010; THENCE SOUTH 88°24'S6" EAST 191.17 FEET;THENCE SOUTH 1°35'04" WEST 6.17 FEET; THENCE SOUTH 88°24'S6" EAST 22.75 FEET BEING THE TRLTE PO1NT OF BEGINNING, (ELEVATION 49.90'); THENCE NORTH 1°35'04" EAST 2.00 FEET;THENCE SOUTH 88°24'S6" EAST 12.50 FEET;THENCE SOUTH 1°35'04" WEST 2.00 FEET; THENCE NORTH 88°24'S6" WEST 12.50 FEET TO THE TRUE POINT OF BEGINNING. ADDITIONAL AIR SPACE AREA#3 (over hang at southeast corner) A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE(FORMERLY DOCIC STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2,OF PLATS PAGE 030, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH, RANGE 1 EAST,WILLAMETTE MERIDIAN,KITSAP COUNTY,WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND BURWELL STREET,THENCE NORTH 1°37'00"EAST 280.11 FEET TO AN EXISTING MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND 4TH STREET; • THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 1°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL;THENCE LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET; THENCE SOUTH 88°24'S6" EAST 8.46 FEET;THENCE SOUTH 1°35'04"WEST 7.04 FEET;THENCE SOUTH 88°24'S6" EAST 9.29 FEET;THENCE SOUTH 1°35'04" WEST 0.83 FEET; THENCE NORTH 88°24'S6"WEST 0.42 FEET;THENCE SOUTH 1°35'04" WEST 79.25 FEET TO A POINT BEING 3.5 FEET NORTH OF THE SOUTH L1NE OF THE VACATED ALLEY 1N SAID BLOCK 14;THENCE,PARALLEL W1TH SAID SOUTH LINE, SOUTH 88°24'S6" EAST 108.92 FEET TO ITS INTERSECTION WITH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16, 2010; THENCE SOUTH 88°24'S6" EAST 191.17 FEET; THENCE SOUTH 1°35'04"WEST 6.17 FEET;THENCE SOUTH 88°24'S6" 38.17 FEET;THENCE SOUTH 1�35'04" WEST 54.17 FEET BE1NG THE TRUE PO1NT OF BEGINNING,(ELEVATION 49.90);THENCE SOUTH 1°35'04" WEST 4.25 FEET;THENC�NORTH 88°24'S6" WEST 12.25 FEET;THENCE NORTH 1°35'04" EAST 4.25 FEET;THENCE SOUTH 88°24'S6" EAST 12.25 FEET TO THE TRUE POINT OF BEGINNING. ADDITIONAL AIR SPACE AREA#4(overhang amenity and Unit 11) A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE(FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2,OF PLATS PAGE 030, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH, RANGE 1 EAST,WILLAMETTE MERIDIAN, KITSAP COUNTY,WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page 9 of 11 BEGINNING AT MONUMENT IN CASE AT THE 1NTERSECTION OF PARK AVENUE AND BURWELL STREET, THENCE NORTH 1°37'00"EAST 280.11 FEET TO AN EXISTING MONUMENT IN CASE AT THE 1NTERSECTION OF PARK AVENUE AND 4TH STREET; THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET;THENCE, LEAVING SAID CENTERLINE, SOUTH 1°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL;THENCE,LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET;THENCE SOUTH 88°24'S6" EAST 8.46 FEET;THENCE SOUTH 1°35'04"WEST 7.04 FEET;THENCE SOUTH 88°24'S6" EAST 9.29 FEET;THENCE SOUTH 1°35'04"WEST 0.83 FEET; THENCE NORTH 88°24'S6" WEST 0.42 FEET;THENCE SOUTH 1°35'04" WEST 79.25 FEET TO A POINT BE1NG 3.5 FEET NORTH OF THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK 14; THENCE,PARALLEL WITH SAID SOUTH LINE, SOUTH 88°24'S6" EAST 108.92 FEET TO ITS INTERSECTION W1TH THE THEORETICAL GRID L1NE L AS SHOWN ON THE CONTRACT PLAN SET FOR CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010;THENCE SOUTH 88°24'S6" EAST 191.17 FEET; THENCE SOUTH 1°35'04" WEST 6.17 FEET; THENCE SOUTH 88°24'S6" EAST 38.17 FEET;THENCE SOUTH 1°35'04"WEST 54.17 FEET; THENCE NORTH 88°24'S6" WEST 70.83 FEET;THENCE NORTH 1°35'04" EAST 2.17 FEET; THENCE NORTH 88°24'S6"WEST]0.33 FEET TO THE TRUE POINT OF BEGINNING, (ELEVATION 49.00);THENCE SOUTH 1°35'04" WEST 5.88 FEET;THENCE NORTH 88°24'S6" WEST 10.83 FEET;THENCE NORTH 1°35'04" EAST 5.88 FEET;THENCE SOUTH 88°24'S6" EAST 10.83 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE NORTHERLY RIGHT OF WAY LINE OF BURWELL STREET AS CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 200609010279 AND 200608300282,RECORDS OF SAID COUNTY. ADDITIONAL AIR SPACE AREA#5 A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE (FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2,OF PLATS PAGE 030,RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH, RANGE 1 EAST,WILLAMETTE MERIDIAN,KITSAP COUNTY,WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MONUMENT IN CASE AT THE INTERSECTION OF PARK AVENUE AND BURWELL STREET,THENCE NORTH 1°37'00"EAST 280.11 FEET TO AN EXISTING MONUMENT 1N CASE AT THE INTERSECTION OF PARK AVENUE AND 4TH STREET;THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET;THENCE, LEAVING SAID CENTERLINE, SOUTH 1°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL; THENCE,LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET;THENCE SOUTH 88°24'S6" EAST 8.46 FEET;THENCE SOUTH 1°35'04" WEST 7.04 FEET; THENCE SOUTH 88°24'S6" EAST 9.29 FEET;THENCE SOUTH 1°35'04" WEST 0.83 FEET; THENCE NORTH 88°24'S6" WEST 0.42 FEET; THENCE SOUTH 1°35'04" WEST 79.25 FEET TO A PO1NT BEING 3.5 FEET NORTH OF THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK 14; THENCE,PARALLEL WITH SAID SOUTH LINE, SOUTH 88°24'S6" EAST 108.92 FEET TO ITS 1NTERSECTION WITH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR CITY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010;THENCE SOUTH 88°24'S6" EAST 191.17 FEET;THENCE SOUTH 1°35'04" WEST 6.17 FEET; Page 10 of 11 THENCE SOUTH 88°24'S6" EAST 38.17 FEET; THENCE SOUTH 1°35'04" WEST 54.17 FEET; THENCE NORTH 88°24'S6"WEST 70.83 FEET; THENCE NORTH 1°35'04" EAST 2.17 FEET; THENCE NORTH 88°24'S6"WEST 80.98 FEET TO THE TRUE PO1NT OF BEGINNING, (ELEVATION 49.00); THENCE SOUTH 1°35'04"WEST 5.77 FEET;THENCE NORTH 88°24'S6" WEST 10.16 FEET;THENCE NORTH 1°35'04" EAST 1.51 FEET;THENCE NORTH 88°24'S6"WEST 20.64 FEET; THENCE SOUTH 1°35'04" WEST 2.00 FEET;THENCE NORTH 88°24'S6" WEST 46.72 FEET;THENCE NORTH 1°35'04" EAST 4.09 FEET;THENCE SOUTH 88°24'S6" EAST 55.83; THENCE NORTH 1°35'04" EAST 2.17 FEET;THENCE SOUTH 88°24'S6" EAST 21.69 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE NORTHERLY RIGHT OF WAY LINE OF BURWELL STREET AS CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S F1LE NO. 200609010279 AND 200608300282,RECORDS OF SAID COLJNTY. ADDITIONAL AIR SPACE AI2EA#6(canopy at P-3 entry) A PORTION OF BLOCK 14 AND THE EAST HALF OF THE VACATED PORTION OF PARK AVENUE(FORMERLY DOCK STREET)OF THE PLAT OF THE TOWN OF BREMERTON,AS RECORDED IN VOLUME 2,OF PLATS PAGE 030,RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN GOVERNMENT LOT 3, SECTION 13,TOWNSHIP 24 NORTH, RANGE 1 EAST,WILLAMETTE MERIDIAN, KITSAP COUNTY,WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT MONUMENT 1N CASE AT THE INTERSECTION OF PARK AVENUE AND BURWELL STREET,THENCE NORTH 1°37'00"EAST 280.11 FEET TO AN EXISTING MONUMENT 1N CASE AT THE INTERSECTION OF PARK AVENUE AND 4TH STREET; THENCE ALONG THE CENTERLINE OF SAID 4TH STREET, SOUTH 88°24'41"EAST 122.11 FEET;THENCE, LEAVING SAID CENTERLINE, SOUTH 1°40'09" WEST 30.9 FEET TO THE OUTSIDE EDGE OF AND EXISTING CONCRETE WALL;THENCE,LEAVING SAID OUTSIDE EDGE, SOUTH 1°35'04" WEST 25.38 FEET;THENCE SOUTH 88°24'S6" EAST 8.46 FEET;THENCE SOUTH 1°35'04"WEST 7.04 FEET;THENCE SOUTH 88°24'S6" EAST 9.29 FEET;THENCE SOUTH 1°35'04"WEST 0.83 FEET; THENCE NORTH 88°24'S6" WEST 0.42 FEET;THENCE SOUTH 1°35'04" WEST 79.25 FEET TO A POINT BEING 3.5 FEET NORTH OF THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK 14; THENCE,PARALLEL WITH SAID SOUTH LINE, SOUTH 88°24'S6" EAST 108.92 FEET TO ITS INTERSECTION WITH THE THEORETICAL GRID LINE L AS SHOWN ON THE CONTRACT PLAN SET FOR CiTY OF BREMERTON PARK AVENUE PLAZA DATED AUGUST 16,2010; THENCE SOUTH 88°24'S6" EAST 191.17 FEET; THENCE SOUTH 1°35'04" WEST 6.17 FEET; THENCE SOUTH 88°24'S6" EAST 38.17 FEET;THENCE SOUTH 1°35'04" WEST 54.17 FEET; THENCE NORTH 88°24'S6"WEST 70.83 FEET;THENCE NORTH 1°35'04" EAST 2.17 FEET; THENCE NORTH 88°24'S6" WEST 9.50 FEET TO THE TRUE POINT OF BEGINNING, (ELEVATION 40.00); THENCE SOUTH 1°35'04"WEST 5.17 FEET;THENCE NORTH 88°24'S6" WEST 12.17 FEET; THENCE NORTH 1°35'04" EAST 5.17 FEET; THENCE SOUTH 88°24'S6" EAST 12.17 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LY1NG SOUTH OF THE NORTHERLY RIGHT OF WAY LINE OF BURWELL STREET AS CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NO. 200609010279 AND 200608300282,RECORDS OF SAID COUNTY. Page 11 of 11 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 13, 2016 Public Hearing for the 2016 Edward Byrne COUNCIL MEETING Date: July 20, 2016 Memorial Justice Assistance Grant (JAG) Department: Police Presenter: Capt. Wolfe Phone: 360-473-5841 SUMMARY: The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010, JAGs have been used to help fund the salary of the Community Resource Specialist. The 2016 JAG will be used for the same purpose. This grant will allow the City of Bremerton to continue to sustain the Community Resource Unit and its crime prevention function and programs which include Neighborhood Watch, the Landlord Notification Program, Abandoned Property Program, crime analysis function, enforcement of the Chronic Nuisance Property Ordinance, the Bremerton Citizen Auxiliary Volunteer Program. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $23,752. ATTACHMENTS: Grant Application FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source of $23,752 with no match requirement. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business �� Public Hearing RECOMMENDED MOTION: Move to approve the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) application and grant acceptance when awarded, and further authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07115 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation , Page 1 of 2 ! i — ••_..�.., — __F �'s`"'; � Edward Byrne Memoriai Justice Assistance Grant � � (JAG) Program - Local Solicitation 2016-H4326-WA-DJ '� j �` - ,� _ . ,.��.",',; Apnlication Corres�ondence Switch to ... � � � Revlew SF-424 Print a Coov Application Handbook ppp�ICATION FOR 2• DATE SUBMYITED Appllcant Identifier FEDERAL i Overview ASSISTANCE ( 1.TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application identtfier I Applicant STATE i Inf01'I71atI0n Appllcation Non-Constructlon i 4. DATE RECEIVED BY Federal Identifier i Project Information FEDERAL AGENCY i � Budget and ' Program S.APPLYCANT INFORMATION j ; Attachments Legal Name Organizational Unit ;: Clty of Bremerton Bremerton Police ! Assurances and � Certifications Department E Addresa Name and telephone E number of the person to ; Review SF 424 345 6th Street be contacted on matters � Sulte 600 involving this applicatlon � Submit Application Bremerton,Washington � 98337-1812 Strachan,Steven � (360) 473-5224 � Help/Frequently 6.EMP�OYER IDENTIFICATION NUMBER(EIN) 7.TYPE OF APPLICANT t Asked Ouestions g1-6001231 Municlpal GMS Home 8.TYPE OF APPLZCATiON 9. NAME OF FEDERAL � AGENCY Lo�C Off • New Bureau of Justice Assistance 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11.DESCRIPTIVE TITLE � OF APPLICANT'S PRO]ECT � NUMBER: 16.738 � CFDA Edward Byrne Memorial Justice Assistance Sustain the Community TITLE: Grant Program Resource Unit and Its crlme preventlon functlon. 12.AREAS AFFECTED BY PRO]ECT The City of Bremerton, Its downtown clty core,and seven (7) Councll Districts. � 13. PROPOSED PROIECT 14.CONaRESSIONAL I; DISTRICTS OF �' Start Date: October O1, 2016 4: End Date: September 30, 2018 • a.Applicant � b. Project WA06 � 15. ESTIMATED FUNDING 16.IS APPLICATION Federal $23,752 SU67ECT TO REVIEW BY STATE EXECUTIVE ORDER Appllcant �p 12372 PROCESS� � State $p Program Is not covered by G E.O. 12372 Loca I $0 � k � � 3I� f: https:/lgrants.ojp.usdoj.gov/gmsexternaUapplicationReview.do 6/28/2016 �, � Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 2 of 2 � Other $0 Program Income $0 17.IS THE APPLICAN7 DELINQUENT ON ANY TOTAL $23,752 FEDERAL DEBT? 18.TO TFIE BEST OF MV KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF TWE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES YF THE ASSISTANCE YS REQUIRED. Continue https://grants.ojp.usdoj.gov/gmsexternal/applicationReview.do 6/28/2016 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 1 � .'%�-��;.� ,s-�r:.,,,y.-�- � Edward Byrne iViemorial Justice Assistance Grant �'� � (JAG) Program - Local Solicitation 2016-H4326-WA-DJ `�� : � - -- ��.�....�-= Application Correspondence Switch to..—� Appllcation Handbook Overview Overview This handbook allows you to complete the application process for applying to the Edward Byrne Memorfal Justice Assistance Grant (]AG) Applicant Program - Local Solicitation. At the end of the application process you will Information have the opportunity to view and print the SF-424 form. Project Information *Type of Submfsslon ; � Preapplicatlon i � Applicatlon Construction Budget and Constructlon Pro ram � Preappllcatlon Non- � 9 � Applicatlon Non- Constructlon � Attachments constructlon , i Assurances and *Type of Appllcation New v If Revision,select apprapriate � Certifications ptlon Type of Revision v f Olher,speclfy Review SF 424 � *Is appllcation subject to review by Q Yes This preapplicetion/appllcation was made avallable to i Su bmit Application tate executive order 12372 the state executive order 12372 rocess for revlew on rocess? V �V � Q No Program Is nat covered by E.O.12372 i Help/Fre4uentiv Asked Questions Q N/A Program has not been selected by state for review � i GMS Home I Save and Continue f Log Off R � � i } F I� f { E` F � � C �L . I' I § �' � � , � � ii 8 https://grants.ojp.usdoj.gov/gmsexternaUapplication.do?aspect=Application&mode=l&app... 6/28/2016 ;i ,, Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 2 i �� Edward Byrne Memorial Justice Assistance Grant(JAG) Program ;-j,,�`'� i -Local Solicitation 2016-H4326-WA-DJ �'rr �`. ..:.. ,� , -�� —. I Application Correspondence Switch to... ~ ,v i Appllcation Handbook Applicant Information ' Overview Verify that the following information filled is correct and fill out any missing Information. To save changes, cHck on the "Save and Continue" button. Apalicant Information *Is the applicant delfnquent on O Yes � NO Prolect Information any federal debt BUdqet afld *Employer Program Identiflcation 91 - 6001231 Attachments Number(EIN) *Type of Municipal v Assurances and Appllcant Certifications rype of Appllcant � Revlew SF 424 (Other): *Organizatlonal gremerton Police Depai Submit Application unit *Legal Name (Legal City of Bremerton Helr�/Frequentiv )urisdictfon Asked Questions Name) GMS Home *vendor 345 6th Sireet Address 1 Loa Off Vendor Suite 600 Address 2 *Vendor City Bremerton Vendor f� County/Parish � *Vendor State Washin ton V *vendor ZIP 98337 - 1812 ZIp+4 LookuD Please provide Point of Contact Information for matters Involving this application *Contact Othef �/ PreFlx: Contact Prefix Chief (Other): *Contact First Steven Name: Contact Mlddle � Initlal: *Contact Last Strachan Name: Contact Su�ix: Select a Suffix V Contact Suffix , (Other) : *contact r�t�e: Chief of Police *Contact Address Llne 1025 Burwell Street 1: https://grants.ojp.usdoj.gov/gmsexternal/applicantinformation.do 6/28/2016 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 2 of 2 Contact Address Llne 2: *Contact City Bremerton Contact Kllsap County: *Contact �yashington v State: *Contact Zip 98337 - 1812 Zip+4 LookuD Code: , *Contact Phone 360 473 5224 Ext: � Number: Contact Fax 360 473 5395 Number: *contact e-man steven.strachan ci.bremerton.w� Address: � @ � Email Hel� Save and Continue j � I i � i � � I I I � f I ; � I i � 4 � � � I i 's € � https://grants.ojp.usdoj.gov/gmsexternal/applicantInformation.do 6/28/2016 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 1 ,�r= Edward Byrne Memorial Justice Assistance Grant � �.' <:< �`� (JAG) Program - Local Solicitation 2016-H4326-WA-DJ `�' --- - =---�-� Application Correspondence Switch to... v Application Handbook Project Information OveYvieW *Descriptive Title of A licant's Project Sustain the Community Resource Unit and its crime AppliCant prevention function. Information � �� *Areas Affected by Project Project Information Ttie City of Bremerton, its downtown city core, and seven �., Budgetand � �� Council Districts. Proqram AttaChment5 Proposed Project Assurances and *start October v 01 v 2016 v Certifications �ate *End Date September v 30 � 2018 � ' Review SF 424 *Congressional Districts of Submit Ap�lication Congressional District 01,WA ��5�, Project Congressional District 02, WA � Help/FreQuently Congressional District 03,WA v Asked QuesYions Con ressional District 04,WA ��p GMS Home *Estlmated Funding Log Off Federal $ 23752 .00 Applicant $ 0 .00 State $ 0 .00 Local $ 0 .00 Other $ 0 .00 Program Income $ 0 .00 TOTAL $ 23752 .00 Save and Continue https://grants.ojp.usdoj.gov/gmsexternallprojecdnformation.do 6/28/2016 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 1 � f` Edward Byrne iVlemorial Justice Assistance Grant � ; �.�`;;:: � (JAG) Program - Local Solicitation 2016-H4326-WA-DJ ' �� f. --- ,�� ,�. Application Correspondence . Switch to ... v Application Handbook Budget and Program Attachments Overview Tnis form allows you to upload the Budget Detail Worksheet, Program Narrative and other Program attachments. Click the Attach button to Applicant continue. Information Proiect Abstract.docx Delete Proiect Information Pro4ram Narrative.docx Delete Budqet and gudaet Detail.odf Delete Prog ra m i AttaChments Budaet Narrative.docx Delete I Assurances and Applicant Dlsclosure of Hiqh Risk Status.docx Delete I Certifications , Review Narrative.docx Delete Review SF 424 �p�icant Disclosure of Pendina Ao�lication Narrative.docx Delete Submit A lication � �P Financial Manaaement- Internal Controls Ouestionnaire.�df Delete Click on the Attach Button to upload an attachment Attach Help/Frequentiv Asked Ouestions : Continue GMS Home I Your files have been successfully attached, but the application has not ��f been submitted to OJP. Please continue with your application. � � � � � I i i � 4 . f ! i � 6 ' I f c f � https://grants.ojp.usdoj.gov/gmsexternal/budget.do 6/28/2016 � � Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 2 _ - �:��-,� � Edward Byrne Nlemorial Justice Assistance Grant � (JAG) Program - Local Solicitation 2016-H4326-WA-DJ ��' . � �-:�: .� _ � � Application Correspondence Switch to ... M v Application Handbook Assurances and Certifications Overview To the best of my knowledge and bellef, all data in this application/preapplication is true and correct, the document has been Applicant duly authorized by the governing body of the applicant and.the applicant Information �►ill comply with the attached assurances if the assistance is awarded. Project Information Your typed name, in lieu of your signature represents your legal binding , acceptance of the terms of this application and your statement of the Budget and veracity of the representations made in this application. The document Proaram has been duly authorized by the governing body of the applicant and the Attachments applicant wlll comply with the following: 1. Assurances �� ; Assurances and Z, Certifications Regardin4 Lobbvin4; Debarment, Suspension and Certifications Other Responsibility Matters; and Drug-Free Workplace ! requirements. �Gc�„p'j� Review SF 424 If you are an applicant for any Violence Against Women grants, this j Submit App�ication includes the Certification of Compliance with the Statutory Eligibility i Requirements of the Violence Agalnst Women Act. � Hetp/Frequentiv � Asked Ouestions *Preflx: MI'. N GMS Nome Prefix(Other): Log Off *First Name: Joseph j I Middle Initlal: Pa I *Last Name: SextOn -� i suffix Suffix: �/ ! i Suffix(Other): � I *Title: Community Resource S *address �ine i: 1025 Bunnrell Street � Address Line 2: i *city: Bremerton j County: � *State: Washington u � *zip Code: 98337 -1812 Zip+4 Looku� � *Phone: 360 473 -5231 Ext : � � I I I I https://grants.ojp.usdoj.gov/gmsexternal/applicationAssurance.do 6/28/2016 �i Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 2 of 2 Fax: 360 -473 -5396 *E-mail: joseph.sexton@ci.brem Email Help 0 I have examined the (nformatfon provided here regarding the sfgning authority and certify it is accurate. I am the signing authority, or have been delegated or designated formaily as the signing authority by the approprfate authority of official, to provide the information requested throughout this application system on behalf �; ; of this jurisdiction. Information regarding the signing authority, or i the delegation of such authority, has been placed in a file and is available on-site for immediate review. I Save and Continue � � � I � � I I f i ! � � i P V f � � � � k f: � � https://grants.ojp.usdoj.govlgmsexternaUapplicationAssurance.do 6/28/2016 k Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 1 ` Edward Byrne Memorial Justice Assistance Grant � y � ,,;i;:;. �.� (JAG) Program - Local Solicitation 2016—H4326—WA—DJ '� � --= .��. Application Correspondence Switch to ... v Application Handbook Submit Application Overview Status Recyuirement Corxtplete Overview Applicant Information Complete Applicant Information Project Information Complete Project Information Bud et and Complete Budget and Program Attachments Proqram Certified to the Assurances and Attachments Certifications Regarding Lobbying, � Cornp9e$e Debarment, Suspension and Other Assurances and Responsibility Matters; and Drug-Free Certifications Workplace Review SF 424 Incomplete SubmitApplication I � Submit Application � � Hela/Freaue�ntiv Sv��1�111T�D 06- 1,�—Ib Asked Ouestions �� a�Af � GMS Home � i Log Off i s i E � {[ F � � f r � �k Gg & � � � 8 � li � ,� I! j: � a https://grants.ojp.usdoj.gov/gmsexternaUsubmitApplication.do 6/28/2016 � I Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation Page 1 of 1 _:;.-w-:..� . ��-. �!� Edward Byrne Memorial Justice Assistance Grant �� ,� (JAG) Program - Local Solicitation 2016-H4326-WA-DJ -.'�'� .._ Help/Frequentiv Submit Application Asked Ouestions Your application for the Edward Byrne Memorial ]ustice Assistance Grant GMS Home (JAG) Program - Local Solicitation has been successfully submltted. You will no longer be able to edit any information submitted. However, you can log ' ��9-Off in any time to view the application information. You will be contacted by the Program Office when your application is I processed or any other action is required by you. i � � � � i E � i � � ( I: ii I F � V � @ � ft G � I' r f li f; � � . �, f! ,� ,� i; G Y u https://grants.ojp.usdoj.gov/gmsexternaUsubmitApplication.do 6/28/2016 ; � AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 2 to the Study Session Date: July 13, 2016 Professional Services Agreement with COUNCIL MEETING Date: July 20, 2016 Imperial Parking for Parking Enforcement Department: City Clerk/Finance and Services Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: The City has been in a 5 year contract with Imperial Parking (Impark) to lease electronic pay stations at City owned garages and lots; administer the City's Residential Parking Program; and to provide parking enforcement services. The City now owns the electronic pay- stations. During the 5 year term, revenues in all garages and lots have increased steadily year over year under Impark's management. An amendment is proposed to extend the contract 3 years with increased enforcement. Administration recommends approving the amendment. ATTACHMENTS: Staff Memo, Proposed Amendment, Current Agreement FISCAL IMPACTS (Include Budgeted Amount): $318,560.00 has been budgeted in 2016 for parking enforcement services. The amendment is within the budgeted amount. STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 2 to the Professional Services Agreement with Imperial Parking; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 i STAFF MEMO City of Bremerton/Impark Proposed Amendment to Contract From 1974 to 2011,the City contracted with Diamond Parking for parking fee collection and enforcement services. In 2011,an RFP was issued for parking facilities management, parking enforcement and electronic pay station collection and maintenance.The City received 5 responsive proposals and Impark was selected to provide these services for a 5 year period. The contract with Impark expired on June 30,2016 and was extended by mutual consent for an additional month to July 31,2016. The scope of the current contract reduced the hours for enforcement from the previous contract by 125 hours per month. It also included the purchase and maintenance of electronic collection meters which replaced pay boxes in several locations. The cost to purchase the electronic pay stations was amortized over the contract term. Since 2011 Impark staff have been instrumental in bringing online the Park Plaza Garage (2012); revising the parking code(2013);and implementation of new handhelds(2014). Impark has also been a partner in providing parking management on street and off during festivals and events downtown such as the Blackberry Festival and the Armed Forces Day Parade. Major events added or increased substantially since 2011 are: • Bremerton Brewfest • Harbor Festival • Bremerton Farmers Market � Winterfest Administration recommends an amendment to the current contract with the following changes: • Extension of the contract for a 3 year period to July 31, 2019. • Audit Requirement changed to reflect record retention requirements. • The proposed amendment adds 130 enforcement hours per month for a total of 580 combined patrol hours per month,effectively adding another patroller during peak parking demand. • Increase in office support. The,addition of part-time office support will meet three needs.The office will be staffed at all times during office hours,clerical duties can be reassigned leaving the supervisor the flexibility to respond to more complaint calls and the supervisor will also be able to support patrol operations and be in the field when necessary. Currently,the cost for enforcement is$13,932 per month with no provision for CPI or wage increases. With the above changes the proposed rate is$19,036 per month with annual CPI increases after the first yea r. As of June 30, 2016 the City now owns twenty-nine(29) LUKE II pay stations.The amendment includes maintenance and repair of the existing pay stations. This is a savings of$5,035.85 per month from the current contract. The fiscal impact of the proposed modification amounts to an increase of less than$1,000 per year in the first year and requires no amendment to the Parking System budget.This does not include possible increases in reimbursable costs for office lease. 1 STAFF MEMO City of Bremerton/Impark Proposed Amendment to Contract Changes in expenditures if the proposed amendment is approved: Current Contract Monthly Amount $ 24,308.17 Decrease(lease payments) $ (5,035.85) Proposed Increases (enforcement&office) $ 5,459.00 Amended Monthly Amount $ 24,731.32 Jan-Jul Expenditures $ 169,287.19 Aug-Dec Estimated Expenditures $ 123,656.60 Total Expenditures $ 292,943.79 2016 Approved Budget $ 318,560.00 2016 Budget Increase(Savings) $ (25,616.21) The following items contributed to the recommendation to extend the contract: . Impark has maintained a good working relationship with City staff, is responsive to information requests and contributes solutions to difficult parking problems. • The increase in enforcement hours will have an immediate impact. • Staff is trained on the current state and local parking codes,the use of the handheld citation equipment,and court procedures for contested citations.Training new staff could take up to a year for efficient enforcement. • Impark is familiar with the meters and has proven to effectively repair and maintain the electronic pay stations. • Impark will provide valuable insight to procedures, processes and complaints regarding enforcement and observed parking behaviors as a participant in the Parking Study. 2 AMENDMENT NO. 2 'TO PROF�SSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BR�MERTON AND IMPERIAL PARKING(U.S.), LLC THIS AMENDMENT to the Professional Services Agreement (the "Services Agreement") between the City of Bremerton and Imperial Parking (U.S.), LLC dated September 21, 2011 is entered into on August 1, 2016 (the "Effective Date"). WHEREAS, the Client and Imperial Parking (U.S.), Inc. entered into a Professional Services Agreement (the "Services Agreement") effective July 1, 2011 for parking services; WHEREAS, effective October 12, 2011, Imperial Parking (U.S.), Inc. converted from a corporation to a Delaware limited liability company known as lmperial Parking (U.S.), LLC and, by operation of law, assumed all the rights and obligations of Imperial Parking (U.S.), Inc. including, without limitation, those pursuant to the Services Agreement; WHEREAS, on January 20, 2016, the parties entered into Contract Modification No. 1 (amendment) to the Services Agreement; WHEREAS, the term of the Services Agreement expired on June 30, 2016, which has been extended by mutual consent to July 31, 2016; and WHEREAS, the parties have agreed to extend the term of the Services Agreement as set out herein and to make certain amendments to the Scope of Work;NOW THEREFORE, In consideration of the premises and mutual covenants and agreements herein contained, the parties agree as follows: A. The following sections of the Services Agreement, as amended by Contract Modification No. 1, are hereby amended as follows: I. Scope: The Scope of Work is hereby amended by; 1) substituting Exhibit A attached hereto for the version originally attached to the Service Agreement; and 2) Exhibits B and D are hereby deleted. II. Term: The term of the Services Agreement is hereby extended for three (3) years effective August 1, 2016 and expiring on July 31, 2019. The references to Exhibits B and D in this section are deleted. VII. General Conditions: A. Audit: The requirement for retention of records shall be for a period of six (6) years after the end of the calendar year during which the record was created. 1 _ Imperial Parking/Parking Enforcement -.. B. The last paragraph of the Services Agreement is hereby amended to read as follows: In the event of termination, the City shall pay for all services performed by the Operator to the effective date of termination, as described on a final invoice submitted to the City and any applicable reimbursement pursuant to the provisions of Exhibit A. After termination, the City may take possession of all records and data within the Operator's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the � project which Operator was contracted to perform shall be without liability or legal exposure to the Operator. C. The amendments set forth herein shall be effective August 1, 2016. Except as modified herein, all terms of the Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to the Services Agreement on the day and year first written above. THE CITY OF BREMERTON IMPERIAL PARKING,LLC (IMPARK) By Pattv Lent By Its Mavor Its DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk 2 Imperial Parking/Parking Enforcement EXHIBIT A SCOPE OF WORK I. OPERATIONS A. Generally. 1. Operator shall be responsible for all aspects of recruitment and selection of parking enforcement personnel. 2. Limited Commission—Operator shall provide the City of Bremerton Police Department with all personnel information required to investigate and issue a Limited Commission. The City shall review all information regarding a prospective enforcement employee prior to authorization of issuance of a Limited Commission. 3. Operator shall provide all enforcement personnel with professional appearing uniforms consisting of shirts, trousers and jackets. Uniform jackets and shirts shall have attached patches on the sleeves with an emblem designating the wearer as official parking enforcement personnel. All enforcement personnel must carry photo identification and a copy of their commission while on duty. The operating company will have responsibility for the overall daily operation of the identified City-owned and leased parking facilities. The operating company will develop the staffing plan, operating procedures, and other portions of the policies and procedures necessary to operate the parking facilities in an efficient and cost effective manner. A thorough working knowledge of the latest parking technology and systems, including but not limited to,validation programs, valet parking systems, and parking management practices is considered essential. The operating company will be expected to note problems or opportunities for improvement, and make recommendations to the City's Designated Representative as to possible policy or operational changes. The operating company shall at all times maintain a high standard for personnel and performance, consistent with good customer relations. The operating company shall control the conduct, demeanor and performance of its employees to insure that good, efficient and courteous service shall be furnished all users of the parking facilities on a fair, equal and non-discriminatory basis. Additionally, the operating company is specifically authorized to exercise such control as it deems reasonably necessary for the orderly, safe, sanitary and secure use thereof, and to prevent or discourage disturbances, illegal acts and violations of laws, regulations, ordinances and rules of the City. B. Communications. All enforcement personnel shall have ready access to their supervisor and to the Bremerton Police Department. C. Maintenance. The O erator shall maintain all arking facilities daily, picking up P p articles of trash and debris. Sweep spot areas, as required, to remove any excess dirt and debris. D. Operator. The Operator shall: 1. Issue time and date stamped parking tickets for all electronic and/or manual pay parking stations and other infractions. 2. Collect money for all parking stations,plus daily, monthly and event 3 Imperial Parking/Parking Enforcement parking. 3. Ensure that all parking income collected by the operating company shall be accounted for and deposited daily to the designated city account. Daily parking tickets,bank deposit slips and daily summary sheets for each week shall be submitted to the City Treasurer's Office on the Tuesday of the week following the Saturday deposit. 4. Issue parking violation tickets for parking violations, when appropriate. E. Enforcement Vehicles. The number, nature and type of enforcement vehicles, if any, (i.e.: scooters,bikes or other) is solely discretionary with the Operator. lI. SCOPE OF REQUESTED SERVICES AND SERVICE FEE A. Monitoring and Tickedng: 1. Services. Operator shall provide monitoring and ticketing services in the parking garages, on street and off street surface locations and Downtown Core from Sixth Street south to the PSNS fence and Warren Avenue east to Port Washington Narrows, with not less than the following frequencies: a) WEEK DAYS: Three times daily with morning checks between 7:00 AM— 11:00 AM, afternoon checks between 11:00 AM and 4:00 PM and evening checks between 4:00 PM—9:00 PM b) WEEK ENDS: Not less than twice daily, day time between 10:00 AM—3:00 PM and evenings between 4:00 PM—9:00 PM. c) ADDITIONAL CHECKS: Park Avenue Plaza: One additional check each day Friday, Saturday, Sunday between 5:00 PM— 10:00 PM. d) RANDOM CHECKS: Operator will schedule random checks at times other than the above agreed scheduled time for a minimum of 25 hours per week. Monthly Rate: $18,236.00 2. Special Events. The operator will be required to provide supplemental parking attendants (one per floor,2 attendants) as needed and determined by the City for larger functions at the parking facilities. It is currently estimated that there will be 20f such events annually. Normally, the attendants will be required for one hour before and until one hour after the scheduled start time for the event. Additional attendants as needed and requested at the following hourly rate per attendant: Hourly Rate per Attendant: $17.44 3. Off►ce: a) The operator will be required to maintain an office in the City of Bremerton Downtown Core five days a week, open not less than 7 hours a day. The specific days and hours to be negotiated with the city Designated Representative. The City will reimburse lease cost in a mutually agreed amount not to exceed $1,000.00 per month. Should the City terminate this Agreement without cause prior to the expiration of Operator's lease agreement,the City agrees to reimburse the Operator's costs of the lease in an amount not to exceed $1,000.00 per month for the term of the lease or the term of the Services Agreement, whichever expires tirst. The City will provide garbage service. Operator will be responsible for 4 Imperial Parki»g/Parking Enforcement electricity, water(if any), phone, business license and all other costs. b) The city will also provide space for storing of up to 3 vehicles. c) Operator shall maintain local phone number and e-mail address for receipt of public requests comments and complaints that will be monitored daily,except Sundays. d) OFFICE SUPPORT: Customer Service support during the hours of 11:00 AM to 3:00 PM Monday through Friday. 4. Personnel. The operator shall be required to separate personnel so that no individual has responsibility or access for enforcement, repair and/or revenue collection from pay stations. B. Residendal and Permit Parking: 1. Residential, street and parking garage permits, will be issued by Operator at office during normal business hours. 2. Operator would issue permits as outlined in the Bremerton Municipal Code, or in accordance with City contracts or policy. 3. Operator shall assume responsibility for updating and maintaining the Residential Parking Permit Program database and any other permit database. 4. Residential Permits are currently issued for four(4)residential Parking Permit Areas and one (NW,NE, SW, SE) "Permit Only"zone. 5. Monitoring shall not exceed twice daily and five(5) days per week at random times. Monthly Itate: $800.00 C. City Restricted Parking. Monitoring and ticketing of general city areas not described above for parking enforcement. Complaint basis only response. More than ten (10) hours per month requires City approval. Hourly Rate: $17.44 D. Itepair & Maintenance of Electronic Pay Stations � 1. Parking Garages- Electronic Pay Stations: a) Monthly Rate. The monthly rate payable by City to Operator for Operator repair and maintenance of nineteen (19) solar Electronic Pay Stations on a three(3) year contract. Electronic Pay Stations shall have debit/credit card, real time authorization, coin, and bill. Said equipment shall be repaired and maintained at a standard of not less than set forth in Exhibit C. Monthly Rate(plus Sales Tax,if applicable): $3,174.52 b) Parking Garages/three locations. (1) Conference Center at 1 S` &W ashington (10 stations on second and third floor levels) (2) Washington Avenue Garage-between Fourth &Fifth Streets (3 stations on first floor level and vestibule) � (3) Park Avenue Plaza(6 stations on two levels) 5 Imperial Parking/Parking Enforcement 2. On Street/Off Street Surface Parking -Electronic Pay Stations: a) Monthly Rate. The monthly rate payable by the City to Operator for, repair and maintenance of currently ten (10) electronic pay stations in the following Zones on a three (3) year contract. The electronic pay stations shall have debidcredit card, real time authorization coin and bill capabilities. Said equipment shall be repaired and maintained at a standard not less than set forth in Exhibit C. Monthly Rate(plus sales tax, if applicable): $1,670.80 b) Zones. (1) Fourth Street: Warren Avenue to Park Avenue(2 Stations) (2) Fifth Street: Warren Avenue to Park Avenue(2 Stations) (3) Park Avenue SW of Fourth Street, surface parking lot (1 Station) (4) 200 block Warren Avenue(1 Station) (5) 100 block Chester Avenue(1 Station) (6) Chester Alley(1 Station) ' (7) 300 block Veneta Avenue(1 Station) (8) 1500-1600 Bldg 4`h Street(1 Station) Note: Electronic Puy Stcrtion Marizrf'acturer and Model.• LUKE II in accordance tivitli Exhibit C'and addilional specifications set.forth in Operalor's bid propo.sal. E. An annual increase will be applied to the rates in sections A1, A2 and C only. The increase shall be based on the change in the Consumer Price Index for Seattle-Tacoma- Bremerton, All Urban Consumers 1982-84 (CPI-U) as published by the US Department of Labor, Bureau of Labor Statistics for June of the year of increase. III. Revenue Remittance and Reporting A. The Operator shall process all revenues collected pursuant to this Agreement as follows: 1. Meter Revenue(On-Street and Off-Street) a) Cash revenues shall be collected at least once per week and deposited directly to City's bank account. b) Credit card revenues shall be processed through the City's merchant account. 2. Pay by Phone (On-Street and Off-Street) a) Revenues shall be deposited to Operator's account and remitted to the City on or before the 15th of each month with respect to the preceding calendar month. 3. Monthly Parking—Revenues shall be deposited to the City's bank account. 6 Imperial Parking/Parking Enforcement 4. Violations from free or permit parking areas—Fines from these sources will be processed by the Operator using equipment and stationery provided by the City and all revenues will be received directly by the City and not by the Operator. 5. Violations from metered parking areas—Fines from these sources will be processed by the Operator using equipment and stationery provided by the City and all revenues will be received directly by the City and not by the Operator. B. The City shall be responsible for the remittance of any parking tax and any applicable Washington State sales taxes for all revenues received and remitted by the Operator on the City's behalf, and the City hereby releases and agrees to indemnify ImPark with respect of any claims, actions, liabilities, penalties, costs and expenses suffered by ImPark arising out of the City's failure to do so. This indemnity is limited to the City's taxing responsibilities under this Agreement and shall survive the expiration or earlier termination of this Agreement. The Operator shall be responsible for its own parking and Washington state sales taxes, if applicable, on revenues it retains. All other taxes associated with its business operations are the sole responsibility of the respective parties. C. On or before the 15t" day of each month, the Operator will give the City a statement for the preceding calendar month setting out all revenues collected by the Operator for such month and the amount of any permitted deductions (the "Statement"), and will deposit the net revenue to the City's bank account. The Statement shall be deemed to be correct unless the City provides Operator with written notice of any errors or omissions within ninety (90) days of the Statement date. 7 Imperial Parking/Parking Enforcement PROFESSIONAL SERVICES AGREEMENT IIVIPERIAL PARKING(US),INC. The City of Bremerton ("City") and Imperial Par➢cing (U.S)., Inc. ("Operator"), referred to collectively as the "Parties," enter uito the followuig Agreement for professional services I. Scope: The Operator agrees to perform the services more specifically described m the Scope of Work, attached hereto as Exlvbit A (Scope of Work), Exhibrt B (Tecluucal Specifications), Exlubit C (Pay Station Performance Standards), and Exhibit D (Revenue Reriuttance and Reporting)wluch are incorporated by reference herem The Scope of Work may be modified only pursuant to Section VI(I) of this Agreement If the Scope of Work provides for unspecified addit�onal sernces such services shall only be performed upon the express written request of the Crty. The Operator further represents that the sernces furmshed under tlus Agreement v�nll be performed in accordance wnth and pursuant to the Bremerton Mwucipal Code as currently enacted or heremafter amended and m accordance vv�th generally accepted professional practices in effect at the time such services are performed The level and frequency of parlung enforcement set forth in the Scope of Work shall be detemuned by the Crty consistent wrth the terms therein For purposes of tlus Agreement,the City Designated Representative is the Director of Financial Services or lus/her specifically assigned designee II. Ter�: The term of this Agreement shall be five (5) years. The City and the Operator agree that work vrnll begin on the tasks descnbed in Exlubits A, B, C and D commencmg July 1, 2011 through June 30,2016 III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay the Operator m accordance vv�th Exhibit A and mcorporated herein by ttus reference Operator shall not perform work beyond the Scope of Work, nor shall be compensated for such work,unless the Scope of Work or amount of compensat�on is modified pursuant to tlus Agreement Operator shall only be compensated for additional services �f requested pursuant in accordance vv�th Exhibrt A. If a billmg statement does not conform to this Agreement in a material respect,the City may wnthhold payment until the statement is brought into compliance Such vv�thholding does not relieve Operator of its obligahons under this Agreement _ IV. Relationship of Parties: The Operator represents that rt is skilled�in the matters addressed m the Scope of Work and is performing mdependent functions and responsibilities witlun its field of expertise The Operator and rts personnel are independent operators and employees and not employees of the Crty. The Operator and its personnel have no authority to bmd the City or to control the City's employees. None of the benefits provided by the Crty to its employees, mcluding, but not l�rmted to,compensation, msurance, and unemployment insurance aze available from the City to the employees, agents or representatives of the Operator The 1 Impark Parking Agreement I • i _ Operator w�ll be solely and entirely responsible for �ts acts and for the acts of Operator's agents, employees and representatives dunng the performance of tlus Agreement As an independent Operator, the Operator is responsible for rts own management The Crty's adm�mstrahon and enforcement of this Agreement shail not be deemed an exercise of managenal control over Operator or rts personnel As an independent Operator, the Operator is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees mclude but are not limrted to State industnal msurance, Busmess & Occupation, State professional licensmg, and Crty business licensmg If any taxes or fees due the Crty have been declared delinquent, the City may vv�thhold the delmquent amount, plus any additional charges ansing from the delmquency, from any payments due the Operator V. Indemnification: The Operator shall defend, indemrufy and hold the City, its officers, officials, employees,agents and volunteers harmless from any and all clauns, m�unes, damages, losses or suits,�ncluding all legal costs and attomey fees, arismg out of or in connection wrth the performance of tlus Agreement,except for that portion of the injunes and damages caused by the C�ty's negligence The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemrufication IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE OPER.ATOR'S WANER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of t}us sechon shall survive the expiration or ternunation of tlus Agreement VI. Insurance: The Operator shall procure and mamtaui for the duration of the Agreement, insurance against claims for in�uries to persons or damage to property wluch may anse from or in connection v�nth the performance of the work hereunder by the Operator, its agents, representahves,employees, or sub-Consultants Before beginYung work on the pro�ect descnbed in this Agreement, the Operator shall provide a Cerhficate of Insurance evidencmg Automobile Liabilitv msurance vrnth luiuts no less than $5,000,000 combined smgle liTrut per accident for bodily m�ury and property damage,and Commercial General Liabilitv insurance wntten on an occurrence basis wnth luruts no less than $5,000,000 combined smgle limit per occurrence and general aggregate for personal injury,bodily in�ury and property damage. 2 Impark Parking Agreement I � Any payment of deductible or self insured retention shall be the sole responsibility of the Operator All reqwred policies shall be provided on an "occurrence" basis except professional liabil�ty insurance(if required),wluch may be provided on a"claims-made"basis T`he Crty shall be named as an addrtional insured on the Commercial General Liabilrty insurance pohcy, as respects work performed by or on behalf of the Operator and a copy of an endorsement that is acceptable to the Crty,wluch names the City as an addrtional insured shall be attached to the Certificate of Insurance, or other evidence satisfactory to the Crty_ The Crty reserves the right to receive a certified copy of all the required msurance policies and endorsements The City further reserves the nght to re�ect any �unacceptable policies and/or endorsements The Operator's Commercial General Liability msurance shall conta.m a clause statmg that coverage shall apply separately to each insured agamst whom claim is made or suit is brought, except v�nth respects to the hrmts of the msurer's hability The Operator 's insurance shall be pnmary insurance as respects the Crty and rt shall be an affirmative obligation upon Operator to advise the City's Risk Manager by fax at (360) 473- 5161, or by cemfied mail,return receipt requested to Crty of Bremerton, attn Risk Management, 345 6`� Street, Suite 600, Bremerton, WA 98337 v�nthin five (5) days of the cancellation, suspension or substantive change of any msurance policy set out herein,and failure to do so shall be construed to be a breach of tlus Agreement The City also reserves rts unqualified nght to require at any hme and for any reason, proof of coverage in the form of a duplicate of the insurance policy wnth all endorsements as evidence of coverage VII. General Conditions: A Audrt• The Operator shall maintain all books, records, documents, and other evidence pertauung to the revenues and expenses allowable under this Agreement in accordance wnth generally accepted accountmg pnnciples (GAAP) All such books and records requued to be maintained by tlus Agreement shall be sub�ect to inspection and audit by representahves of the City at all reasonable times, and the operator shall afford the proper facilrties for such mspection and audit Representatives of the City may copy such books, accounts, and records where necessary to conduct or document an audit The operator shall preserve and make available all such books of accounts and records for a penod of three (3) yeazs after final payment under th�s Agreement In the event that any audrt or mspechon identifies any discrepancy in such financial records the operator shall provide the Crty wnth appropnate clanfication and/or financial ad�ustrnent within thu�ty (30) calendar days of notification of the discrepancy B Record keeping�and Reports. The Operator will provide detailed reports of the revenues collected and deposited to the Crty on a per deposit basis The operator will provide 3 Impark Parking fflgreement detailed reports of any enforcement actions (outstandmg tickets issued, aging report for same) and their disposrtion. C. Re.ports to be Subrrutted The Operator v�nll provide to the Crty annually a copy of the independent audit report of rts operations v�nth respect to tlus Agreement, along with any potential findings of fact and the work plan developed to correct these findings, if applicable 1 All revenue collections, deposrts and reportmg procedures shall be in accordance v�nth City of Bremerton Financial Services requu�ements. All parlung revenue shall inirially be deposrted to the Operator's accounts using real t�me authonzation and the Operator's merchant numbers Deposits into a designated City of Bremerton account shall be at a rrummum on a monthly basis 2 The following is the mirumum requirement for reports that shall be prepared by Operator and transrrutted to the City i. Monthly summary of acUvrties showing total work hours, patrol and non- patrol,customer serrnce hours ii Monthly summary of ticket act�vrty mcludmg the number of tickets by infraction type, by street area, and a list of voided tickets with an explanation as to why the tickets were voided T1us report shall be provided to the Crty Fuiance Department designated representative iii Wntten reports on all complaint phone calls or on street complaints to officers on Duty Upon request, wntten complaint logs, mcluding the names of the parties mvolved, telephone logs, including the names of the parties involved, telephone numbers and addresses (if known) the nature of the complaint, and action taken, shall be available for inspection by the City D Ownership and Use of Records and Documents Ongir►al docwnents, drawings, designs and reports,including those m electroruc format,developed under tlus Agreement are the property of the City. All wntten uiformation submitted by the Crty to the Operator m connection wrth the services performed by the Operator under tlus Agreement v�nll be safeguarded by the Operator to at least the same extent as the Operator safeguards like uiformation relatmg to rts own business If such mformation is publicly available or is already m Operator's possession or known to rt, or is rightfully obtained by the Operator from third parties, Operator shall bear no responsibility for rts disclosure,inadvertent or otherwise All data, documents and files created by Operator under tlus Agreement may be stored at Operator's office in Bremerton, Waslungton Operator shall make such data, documents, and files available to the City upon rts request at all reasonable times for the purpose of edrting, modifymg and updat�ng as necessary unt�l such time as the Crty is capable of storuig such information in the Ctty's offices Duplicate copies of this mformation shall be provided to the Crty upon its request,and at reasonable cost E. Work Performed at Operator's Risk Operator shall take all precaurions necessary and shall be responsible for the safety of rts employees, agents, and sub-Operators in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Operator's own risk, and Operator shall be responsible for any loss of 4 Impark Parking Agreement or damage to matenals,tools, or other articles used or held for use in connection with the work, excluding vandalism to and theft of installed pay stations F Place of Work• The Operator shall perform the work authonzed under tlus Agreement at its offices m Bremerton, Wastungton Meetings vv�th the Crty staff as described m Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties G Entire A�reement• This Agreement and �ts Exlubits const�tutes the entue agreement between the Parties, and the Parhes acknowledge that there aze no other agreements, wntten or oral,that have not been set forth m the text of tlus Agreement H Severabiliri Should any part of tlus Agreement be found void,the balance of the Agreement shall remain in full force and effect I. Modification Tlvs Agreement may only be modified by wntten instrument signed by both Parties J Wntten Notices All commumcanons regarding tlus Agreement sha11 be sent to the parties at the addresses hsted below by registered or lst class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in ttus Agreement or such other address as may be hereafter specified in wnt�ng City of BremeRon Impenal Pazlan�(US ,Inc Director of Financial Services General Counsel 345 6�'Street, Swte 600 Impenal Parking Corporation Bremerton,Waslungton 98337 300-601 W Cordova Street 360-473-5290 Vancouver,British Columbia V6B 1G1 Harold Delos Reyes General Manager Impazk 1700 Seventh Avenue, Suite 106 Seattle,Washington 98101 K Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any nght or power ansmg out of tlus Agreement shall not be deemed waiver of any other nght or power L Non-Waiver of Breach. The failure of either of the Parties to ins�st upon stnct performance of any of the covenants and agreements contamed herein, or to exercise any option herein conferred in one or more mstances sl�all not be construed to be a waiver or relmqiushment of said covenants, agreements or options, and the same shall be and remain in full force and effect. 5 Impa�k Parking Agreement M Compl�ance v�nth Laws Operator shall comply with all applicable Federal, Sta.te, and local laws in perfornung rts obligations under this Agreement. N Choice of Law and Venue: "This Agreement shall be interpreted according to the laws of the State of Washuigton Any �udicial action to resolve disputes ansmg out of ttus Agreement shall be brought m ICitsap County Supenor Court O Attorneys' Fees In the event of lrtigation to enforce any of the terms or provisions herem,each party shall pay all rts own costs and attomey's fees P Assig�ment Any assignment of this agreement by the Contractor vv�thout the � wntten consent of the City shall be void VIII. Nondiscrimination: Operator shall not discnminate in employment or services to the publ�c on the basis of race, color, national ongin, sex, religion, age, mantal status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification IX. Termination: This Agreement may be ternunated by wntten uistrument upon mutual consent Temunation may be made by the City for convenience on 60 day advanced wntten nohce Tlus Agreement may be unmediately ternunated for cause by a Party if the other Party substantially fails to perform through no fault of the ternunating Party, and the non-perfomung Party does not commence correction of the failure of performance within thirty(30) days of the ternunatmg Party's sending notice to the non-perfornung Party In the event of ternunation,the City shall pay for all services performed by the Operator to the effect�ve date of termination, as descnbed on a fmal mvoice submitted to the Crty and any applicable reimbursement pursuant to Sections II A(4)and II B(3)of Exhibrt A After ternunation,the Crty may take possession of all records and data v�ntlun the Operator's possession pertauung to tlus pro�ect wluch may be used by the Crty wnthout restnchon Any such use not related to the pro�ect wluch Operator was contracted to perform shall be v�nthout liability or legal exposure to the Operator CITY OF BREMERTON IMP AL PARKING(U S),INC � By. �lt�YDie By Q� �es rts ' rts ��-�`�-�naA�(�'� Date � Z/ — Date• S�• ��O,'k'��1 Att t I City C r R 1Le�111.egal�F�es�Parkmg�Profess�onal Semces Ageement�ImponalParkmg(US),Inc,doc 6 Impark Parking Agreement EXHIBIT A SCOPE OF WORK I. OPERATIONS A. Generally. 1. Operator shall be responsible for all aspects of recrurtment and selection of parking enforcement personnel - 2. Limrted Commission — Operator shall provide the City of Bremerton Police Department vv�th all personnel information required to invest�gate and issue a LuYuted Commission. The Crty shall review all information regardir►g a prospective enforcement employee prior to authonzation of issuance of a Limited Commission 3. Operator shall provide all enforcement personnel vrnth professional appearing uniforms consisting of shirts,trousers and�ackets Umform�ackets and shirts shall have attached patches on the sleeves wrth an emblem designating the wearer as official parlcing enforcement personnel Uruform design must be approved by the Crty. All enforcement personnel must carry photo idenhfication and a copy of the�r commission while on duty Under Crty direction, the operating company vv�ll have responsibility for the overall daily operation of the identified City- owned and leased pazking facilrties The operating company wnll develop the staffmg plan, operating procedures, and other portions of the policies and procedures necessary to operate the pazlang facilities m an efficient and cost effechve manner A thorough working lrnowledge of the latest parkmg technology and systems, includmg but not limrted to, validation programs, valet parlang systems, and parlung management practices is considered essential The operatmg company vv�ll be expected to note problems or opportunities for improvement, and make recommendahons to the City's Designated Representat�ve as to possible policy or operational changes The operating company shall at all tunes mauitain a high standard for personnel and performance, consistent wnth good customer relat�ons The operahng company shall control the conduct,demeanor and performance of its employees to msure that good,efficient and courteous service shall be furnished all users of the pazkuig facilit�es on a fau, equal and non- discnminatory basis Addrtionally, the operating company is specifically authonzed to exercise such control as rt deems reasonably necessary for the orderly, safe, satutary and secure use thereof, and to prevent or discourage disturbances, illegal acts and violat�ons of laws, regulations,ordmances and rules of the City. B. Communications. All enforcement personnel shall have ready access to the�r supervisor and to the Bremerton Police Department C. Maintenance. The Operator shall mamtam all pazlang facilities daily,piclang up articles of trash and debns Sweep spot areas, as requu�ed, to remove any excess du�t and debns Mamtain an appearance acceptable to City of Bremerton standazds D. The Operator shall: 1. Issue tune and date stamped pazlang tickets for all electroruc and/or manual pay parking stations and other infractions. 2. Collect money for all parking stations,plus daily,monthly and event pazlung 1 Impark Parking Agreement-Exhibit A -_� 3. Ensure that all parking income collected by the operating company shall be accounted for and deposited da�ly to the designated Crty account Da�ly parking tickets, bank . deposrt slips and daily summary sheets for each week shall be submitted to the Crty Treasurer's Office on the Tuesday of the week followuig the Saturday deposrt 4. Issue parkuig violation tickets for parlung violations,when appropnate. E. Enforcement Vehicles. The number, nature and type of enforcement vehicles, if any, (i e scooters,bikes or other)is solely discretionary vv�th the Operator II. SCOPE OF R�QUESTED SERVICES AND SERVICE FEE A. Parking Garages-Electronic Pay Stations(Area A): 1. Monthly Rate. The monthly rate payable by City to Operator for Operator installation, repair and mamtenance of nineteen (19) solaz Electronic Pay Stations on a five (5) year contract Electronic Pay Stations shall immediately be installed and shall have debidcredrt card, real time authonzat�on, com, and bill capabilities and shall meet at a muumum the critena in Exhibrt B Said equipment shall be repaired and maintained at a standard of not less than set forth m Exhibrt C. Monthly Rate(plus Sales Taz,if applicable): $6,473.87 2. Parldng Garages/three locations. a Conference Center at ls`&Waslungton(4 stations on second and tlurd floor levels) b Washuigton Avenue Gazage -between Fourth&Fifth Streets(6 stations on levels first, second and tlurd floor levels) c Park Avenue Plaza(9 stations on four levels) Note Electromc Pay Stations Manufacturer&Model LUKE II Addrtional specificarions and limitations are m accordance with the Operator bid proposal subrrutted. In the event of conflict,the Exlubrts B &C shall apply. 3. Special Events. The operator will be required to provide supplemental parlung attendants(one per floor, 2 attendants)as needed and deternuned by the Crty for larger functions at the pazkuig facilrties It is currently estimated that there vvill be 20t such events annually Normally, the attendants will be required for one hour before and until one hour after the scheduled start time for the event Additional attendants as needed and requested at the following hourlv rate per attendant Hourly Rate per Attendant: 514.50 4. Reimbursement. Monthly reimbursement rate�f the Crty ternunates any or all Electronic Pay Stations at any time between year 1 and end of year 5 Monthly Rate per Pay Station: $299.53 5. Title. The Operator shall transfer title to the City free and clear to the Pay Stations at the end of yeaz five or eazlier ternunat�on date, if reimbursement has been paid by City , 2 Impark Parking Agreement-Exhibit A B. On Street/Off Street Surface Parking-Electronic Pay Stations (Ares B): 1. Monthly Rate. The monthly rate payable by the City to Operator for imtaal installation,repair and maintenance of cunently ten (10) electroruc pay stations in the following Zones on a five (5) year contract. The electromc pay stations shall have debidcredrt card, real time authonzation com and bill capabilrties and shall meet at a rrummum the cntena set forth m Extubit B Said equipment shall be repaired and mamtamed at a standard not less than set forth in Exlubrt C Monthly Rate per Electronic Pay Station(plus sales taz,if applicable): $3,407.30 2. Zones. a Fourth Street• Warren Avenue to Park Avenue(2 Stations) b. Fifth Street Warren Avenue to Pazk Avenue(2 Stat�ons) c Park Avenue SW of Fourth Street,surface parlang lot(1 Station) d 200 block Wanen Avenue(1 Station) e 100 block Chester Avenue(1 Station) f Chester Alley(1 Station) g. 300 block Veneta Avenue(1 Stahon) h 1500-1600 Bldg 4�`Street(1 Station) 3. Reimbursement. Monthly reimbursement rate if Crty temunated on streedoff street surface electromc pay stations at any time between end of year 1 and end of year 5 Monthly Rate per Pay Station: $299.53 4. Title. The operator shall transfer title free and clear to the Crty,to the electromc pay stations at the end of year 5 or earlier ternunation if reimbursement has been paid by the � Crty ' Note• Proposed Electromc Pay Station Manufacturer and Model LUKE II In accordance vrnth Exhibits B & C and addrtional specificat�ons set forth in Operator's bid proposal C. Monitoring and Ticketing: 1. Services. Operator shall provide monitonng and ticketing sernces in the i) Area A pazlang garages, ii) Area B on street and off street surface locahons and iii) Downtown Hazborside Core from Sixth Street south to the PSNS fence and Warren Avenue east to Port Waslungton Narrows,wrth not less than the followuig frequencies. a. WEEK DAYS• Three times daily vv�th morrung checks between 8 00 AM — 11 00 AM, aftemoon checks between 11 00 AM and 4 00 PM and everung checks between 4.00 PM—9 00 PM b WEEK ENDS Not less than twice daily, day hme between 10.00 AM—3•00 PM and evenings between 4.00 PM—9 00 PM. c. ADDITIONAL CHECKS. Park Avenue Plaza One addrtional check each day Fnday, Saturday, Sunday between 5 00 PM— 10 00 PM d RANDOM CHECKS: Operator vv�ll provide the City vv�th a monthly schedule semng forth random checks at times other than the above agreed and � 3 Impark Parking Agreement-Exhibit A scheduled time The random check times v�nll substitute for an equal number of scheduled check fimes The City may, at rts sole discretion, modify or re�ect any random check schedule Monthly Rate: $12,842.00 2. Office: a The operator will be required, as part of the rate proposal under ttus section, Section II C ,to maintain an office in the City of Bremerton five days a week, open not less than 7 hours a day The specific days and hours to be negotiated vv�th the city Designated Representative The City vv�ll provide Operator$450 per month for lease expenses dunng the terms of this agreement and will cover the cost of garbage sernce for the space located at 245 4�' Street Surte 306 Bremerton Wastungton 98337 Should the City ternunate tlus Agreement v�nthout cause pnor to the expiration of Operator's lease agreement for the location at 245 4th Street, the Crty agrees to assume the lease and act m accordance v�nth the lease terms The Operator may not vacate the office space or negotiate a new lease without pnor approval of the Crty Operator v�nll be respons�ble for electncity, water (�f any), phone, business license and all other costs b The crty vv�ll also provide space for storuig of up to 3 vehicles. c Operator shall maintain local phone number and e-mail address for receipt of public requests comments and complauits that vv�ll be monitored daily, except Sundays 3. Personnel. The operator shall be requued to sepazate personnel so that no individual has responsibility or access for enforcement, repair and/or revenue collection from pay stations D. Residential and Washington Avenue/5th Street Parking Garage Permit Parking: 1. Residential and Waslungton Avenue/5�' Street Parlang Garage (v�nth 2 floors) Pernuts,r�nll be issued by Operator at office during normal business hours 2. Operator would issue residential pazkuig pernuts as outlined in the Bremerton Municipal Code Trtle 10.10 and pursuant to Crty contracts or the Waslungton Avenue/5�'Street pazlang garage 3. Operator shall assume responsibilrty for updating and maintaining the Residential Parlung Permit Program database and the Wastungton Avenue and the 5�' Street Permrts 4. Pernuts are currently �ssued for four (4) residential Pazking Pernut Areas and one (NW,NE, SW, SE)"Pernut Only"zone 5. Monrtoring shall be as directed by the Crty Designated Representat�ve not to exceed twice duly and three(3)days per week,excluding Saturday and Sunday at approved random times The rate is based on momtonng time at$14 50 per hour. Monthly Rate: $800.00 E. City Restricted Parking. Monitoring and ticketing of general crty areas for parking enforcement. Complaint basis only response. Crty will on monthly basis, establish hourly 4 Impark Parking Agreement-Exhibit A limitations and requirements as determined by City Fuiancial Sernces Duector or assignee The Crty currently estimates 20 hour�monthly � Hourly Rate: 514.50 5 Impark Parking Agreement-Exhibit A EXHIBIT B TECHNICAL SPECIFICATIONS The City�has determmed nummum system specificattons and requirements as outlined below Failure to comply with these specifications may be cause for rejection of the proposals. Altemate components that will meet the same function may be considered 1. Hardware-Pay Station Cabinet a) The utut shall have a visually pleasmg design and/or extenor fimsh. It should be compatible vrnth e�usting street fur�uture and not be an intrusion to the urban landscaping.The color will be specified by the City b) Internal components enclosed in a theft resistant steel housing Housmg must be minimum 11-gauge cold rolled and stainless steel c) Unrts must be plumb mounted to sidewallc or Crty approved srte d) Bolts(anchor)must only be accessible by City maintenance staff and not viewable by the public e) Coin chute must have an anti-back up device to prevent coin retneval and �amming by foreign ob�ects Co�n chute must also have the capabilrty to prevent the theft of time via marupulat�on of the meters by foreign ob�ects fl Coins passing through the urut should be deposrted d�rectly mto a removable sealed coin vauldcaruster securely enclosed in separate compartment of the pay station g) The urut shall have sepazate compartments for maintenance and collections There shall be no access to the money in the cash box when the unit is open for mamtenance or collection h) The height of the pay station un�t,all coin and card aperture locations must be compatible v�nth the Amencans v�nth Disabilrties Act(ADA)requirements 2. Security and Loclung Mechanisms a) No locks can be exposed beyond the flush mount of the housmg All locks must be out of the public's view b) All locks(housmg and vault)must be at a minimum equal to or greater than the supenor lugh security locks currently on the market with anti-vandalism protection and have the capability to nohfy Crty Staff of potential vandalism or tampering c) Locks must not utilize oval or hollow keys d) Locks must not utilize tumblers e) Locks should be conosive resistant and should not require regulaz cleazung or maurtenance � Locks cannot be duplicated or purchased from either the vendor or lock manufacturer without the City's pnor consent and approval g) Separate keys must be available to prevent maintenance personnel from entenng the collection area and vice versa 1 � Impark Parking Agreement Exhibit B 3. Payment'�ypes a) Accept dollar(mcludmg Susan B dollaz),quarter,dune,and mckel coms. b) Pay stations must be able to detect and re�ect foreign coins and slugs. If the coin slot is�ammed or inoperable,the umt should still accept credrt or cell phone payments The wut shall notify Crty Staff of�ammed or inoperable coin slot c) Debit and Credrt cazd acceptance sha11 mclude at the muumum Visa and MasterCazd The pay stat�on and vendor must be Level 1 Payment Certification Industry(PCI)compliant Vendor supplyuig parlang equ�pment must meet the credrt card data secunty reqwrements outlined by the Payment card Industry Standards Council for service providers and/or soflware vendors PCI Certificat�on must be achieved through a third party audrt process The provision of voluntary secunty scan reports and questionnau�es as proof of compliance v�nll not be acceptable d) All transactions must meet or exceed the latest security requirements (encryption)for wireless financ�al data commurucations e) Pay&Display at different wut to be mter-connected so a customer may pay at any ucut fl Pay-by-phone and time addition capability Must have Cell pay(pay by phone) system Pay station mactunes must be automatically updated v�nth paid parkuig for that space if a citizen chooses to use pay by cell. 4. Screen a) Shall have back lights to help with visibility but have energy saving capabilities b) Shall be protected by Lexan wuidows or equrvalent material c) Shall be easily readable under vanous daytime and mghttime light conditions d) Shall be capable of displaymg different fonts and styles of characters on the same screen and should use U.S. date style(MM• DD Y�and time(HH MM AM/PM) e) Color LCD vv�ll be cons�dered but is not mandatory fl For mcreased contrast,the screen must display dark lettenng on light backgound, or light lettenng on dazk background These contrast settings should be selectable and allow for automatically changing from one to the other and back at a predetemuned time dunng the day. g) All prompts on the pay station must be user configurable 5 Instructions to Paying Customers a) Instructions should be provided m both English and Sparush b) Use of international symbols when and where ever possible c) Instructions should be provided on the LCD screen,as well as,usage of decals and permanent signage on the pay station Instructions should be cleaz and conc�se d) Screen must maintair►normal operation vv�ttun 0 degrees Fahrenhert to 120 degrees Fahrenheit addrtionally m being located m a huriud environment dunng the summer months where condensation can occur 2 Impark Parking Agreement Exhibit B 6. Keypad a) The urut must have a full numenc keypad b) When a key is pressed,an audible indication must be given to provide feedback to the pazker. c) The keypad must be vandal resistant,weather proof and corrosion resistant d) The keypad must be modular and easily unplugged and removed vv�th basic tools for easy servicing 7. Coin Changer/Acceptor a) Com slot shall accept all coins through a single slot. b) Must be capable of accepting ruckels,dimes,quarters and dollazs(including Susan B dollar). c) Must reject all fraudulent coins and foreign coms immediately through the coin retum cup. d) Must be of modulaz construction to allow for easy removal v�nth basic tools S. Coin Compartment a) All denorrunations of coins must be held m a double-locked secured cash box b) The cash box must be secured when removed from the pay station. c) A key must be required to open the cash box d) Staff without keys must not be able to remove or open the cash box 9. Credit Card Reader and Operation a) The credrt card reader must only parrially mgest cazd, so that the customer maintains control of the cazd at all times b) The credrt card reader must be modular and easily unplugged and removed v�nth basic tools for easy serncing 10. Power Supply a) The pay stahons shall be battery operated Solaz power is not mandatory but v�nll be considered b) Pay stations must be equipped vv�th an auxiliary battery backup system c) Batteries must be able to be changed wnthout use of sigruficant tools d) Muumum battery life at full charge shall not be less than 60 days e) Vendor must provide warranty and detailed specifications for battenes fl Umt must have a low battery indicator and be eas�ly viewable g) Low battery indicator and alarm through viewing of remote softwaze is required h) Low battery indicator sent to email,pager and/or cell phones i) A separate battery must be supplied to sustain the clock,calendar,audrt information and RAM in the event of a ma�n back up system failure or dunng battery replacement Umt must retain rate structure,auditing/financial data and maintenance data dunng battery replacement or power failure. 3 Impark Parking Agreement Exhibit B 11. Serviceability a) The contractuig Vendor shall be responsible for all mamtenance of the meters and systems 12. Data Management a) All data(operational&fmancial)must commurucate vv�th remote backend software and must be viewable 24 hours,7 days a week b) If a customer paid v�nth a credrt card,the data management soflware must allow City Staff to look up transaction lustory by credrt card number and see what tune, locat�on,and pazlcing space number or pay sta.tion the transaction was authonzed, re�ected or never attempted c) Critical operat�onal failure data or alarms must be transmitted to email,pager and/or cell phones immediately upon failure occurring d) The umt shall be capable of wireless two-way commuYucation to a remote commumcarion center to transrrut financial data,activity reports,and operational status of uiut e) Vendor shall explain in detail how their vv�reless two-way commurucation system works fl All desktop softwaze shall be Windows compatible All databases shall be Windows compliant The software must compile reports for revenue, mauitenance,and parlang space usage � 13. The system must be able to create ad hoc reports about the on-street pazking operation on a daily basis Parlang management soflware shall,at a min,mum,have the abilrty to generate the following reports• a) Revenue by locat�on or pay station b) Operational status by pay starion c) Daily collection report vv�th locat�on numbers ' d) Date and tune stamps for all operational events(failures,resets, low battery,com �ams,collections,modular component replaced, etc) e) Date,nme,type and amount of each transaction 14, Software must be capable of displaying real time information of urut status and location Status should include at a muumum any warnings or alarms,time remaining and expired spaces 15. Revenue Audit Capabilities a) Unit shall record and store all critical fmancial data b) Urut shall transfer financial data to remote data management software. c) Unit shall be accurate to within 99%of actual deposit(both coin and credrt). d) Unit must reset to zero (0)after each collect�on of financial data e) Resettmg the meter or loss of power must not affect audrt figures held in memory by the pay station � Revenue must be sorted by denomination of coin andlor type of credit card along vv�th totals 4 Impark Parking Agreement Exhibit B g) Audrting softwaze must be available so that actual count can be compazed to audit amount values Full reporting software must be included 16. Training a) Vendor shall provide trainmg on an individual basis or in a group settmg as approved by the City for operation of the pay stations. b) Vendor must provide a trauur►g program for techrucians and staffresponsible for (1) Installation, start up,and maintenance/repair of pay stanons (2) Coin collection (3) Programmmg rates and parkuig times/restnctions through the management software . (4) Momtoruig the equipment, generatmg reports and mternal auditing (5) Data file collection,credit cazd file downloadmg and processing, set up and maintenance of user account passwords,etc (6) Vendor must provide a thorough outline of the trauung content and provide trairung schedule for both softwaze and hardwaze The schedule shall mclude penodic refresher traimng(contmual evaluation),mcluded but not luruted to,emphasis on particulaz azeas of City's choices and upgrades of soflware and/or hardware (7) The vendor shall provide ten(10)copies of the operatmg manual m English for installation,mamtenance,and use(complete vv�th wu�ng diagrams and specificat�ons)aze to be provided at the tune ututs are delivered 17. Inventory of Parts a) Vendor must be able to provide and install the replacement parts,including full utut replacement if needed,vv�tlun 72 hours from onguial request 18. Customer S�apport&Service a) Vendor must provide a point of contact that is able to be reached Monday through Fnday duruig normal operating hours(8 am to 5 pm),PST Vendor must also provide a point of contact for after hour emergency requests b) Vendor must return phone calls the same day should City need immediate assistance c) Vendor must provide detailed scheduled maintenance guidelines and instructions to ensure that Vendor is marntairung the equspment as reqwred to insure optimal performance 19. Installation a) The City shall ident�fy locations for pay stations or meters wnth recommendations from Vendor b) Vendor to assist v�nth identify�g locahons for pay stahon signage.All costs for space markulgs and sign creation vv�ll be paid by the Vendor and are included as 5 I►npark Parking Agreement Exhibit B part of ttus RFP c) Pay stations vv�ll be uistalled predo�unantly on sidewalks Full installahon vv�ll be completed by the vendor mcluding activation of the uruts d) Installation shall preformed by a Waslungton Licensed Contractor 20. Unit Programming a) The wut is to be fully programmable Field programming is to be accomphshed by.Vendor Sta.ff 21. Wireless Handheld Citation Device a) The Vendor shall supply one(1)v�nreless handheld crtatton device to allow City enforcement staff to download uiformation regarding parking space times direcdy from the pay station to the handheld 6 Impark Parking Agreement Exhibit B EXHIBIT C PAY STATION PERFORMANCE STANDARDS 1 No pay station vv�ll be out of service for mare than 10 consecutive system operatu�►g hours for lack of replacement part 2. Units vv�ll be out of order no more than 1%of system operating hours per year 3 Each machine has a sixty day bum in period before standards apply. 4 City has right to demand that a unrt be replaced within one business day if unit expenences system failure that can not be corrected in field or exceeds average equipment failure rate(1%)by 50% 5 Less than 1%of receipt paper replenishment or com collecrion not�ce shall result m machine being out of service 6. Performance standards are related to performance while operatuig in temperature range of-13 to 130 degrees(F)and 97%non-condensing humidity 1 Impark Parking Agreement Exhibit C "-=� -- EXHIBIT D REVENUE REMITTANCE AND REPORTING 1 1 The Operator shall process all revenues collected pursuant to ttus Agreement as follows A Meter Revenue(On-Street and Off-Street) a) Cash revenues shall be collected at least once per week and deposrted directly to Crty's bank account. b) Credrt card revenues shall be processed through the Operator's merchant account and then rerrutted to the Crty,after deduct�on by Operator of all credit card fees B PaX bv Phone(On-Street and Off-Streetl a) Revenues shall be deposited to Operator's account and remitted to the City on or before the 15th of each month with respect to the precedmg calendar month C Monthlv Parlcme—Revenues shall be deposited to the Operator's bank account and renutted to City on or before the 15�'of each month unth respect to the preceding calendar month,after deduct�on by Operator of all credrt card fees D Violations from free or nermitpazking areas—Revenues from these sources v�nll be processed by the Operator using equipment and stationery provided by the Crty and all revenues will be received directly by the Crty and not by the Operator E. Violations from metered parkui�,areas—Revenues from these sources will be processed by the Operator using rts own equipment and stationery and will be shared between the Operator and the Crty as follows• a)Operator v�nll remrt to Crty the value of the pazking fee and taxes on the pazking fee for each violation For the purposes of ttus paragraph 1 1(E)(a), the parhes acknowledge that rt is unpossible to deternune the actual parlung fee chazgeable in each case and the City agrees that the pazking fee to be rerrutted by the Operator shall be the lowest fee on the scale of fees, b)Operator will then deduct all credrt card processing fees and collect�on processmg fees from the remaining amount;and 1 Impa�k Parking Agreement-Exhibit D c) Operator v�nll remit to the City an aznount equal to fifty percent(50%)of the balance remairung. 1 2 The City shall be responsible for the reriuttance of any parking tax and any applicable Waslungton State sales taxes for all revenues collected by the Operator on the City's behalf pursuant to paragraphs 1.1 A,B,C,D and E(a),and the City hereby releases and agrees to mdemrufy and hold harmless the Operator from and against any claims,actions,liabilities,penalties,costs and expenses suffered by the Operator aris�ng out of the Crty's failure to do so Tlus mdemruty is lunited to the City's taxuig responsibilities at law as they pertam to ttus Agreement and shall survive the expuat�on or earlier ternunation of tlus Agreement. The City represents and warrants to the Operator that rt has fuli nght,power and authonty to grant the mdemmty m tlus Sechon 1 2 The Operator shall be responsible for remittance of pazlcing and Waslungton state sales taxes,if applicable,on revenues collected under sect�on 1 1 E after the reriuttance contemplated in paragraph 1 1(E)(a) All other taxes associated with its busmess operations are the sole responsibilrty of each party 1 3 On or before the 15�'day of each month,the Operator v►nll give the City a statement for the preceding calendar month sethng out all revenues collected by the Operator as contemplated in paragraphs 1 1 A,B,C and E for such month and the amount of any pemutted deduct�ons(the "Statement"),and v�nll deposit the net revenue to the Crty's banlc account The Statement shall be deemed to be conect unless the City provides Operator vrnth wntten notice of any enors or omissions w�ttun runety(90)days of the Statement date 2 Impark Parking Agreement-Exhibit D AGENDA BILL � � CITY OF BREMERTON CITY COUNCIL SUBJECT: 2017 Community Development Study Session Date: July 13, 2016 Block Grant (CDBG) Funding Process; and COUNCIL MEETING Date: July 20, 2016 Release of Policy Plan & Notice of Funding Department: DCD-Block Grant Availability (NOFA) Presenter: Sarah Achaoui Phone: 360-473-5375 SUMMARY: This Council meeting kicks off the process for the Community Development Block Grant (CDBG) process for the 2017 funding year. The CDBG process begins with the release of the official CDBG/HOME Policy Plan and an official Notice of Funding Availability (NOFA). Key Points of Policy Plan include the Council funding priorities: (Based on assumed funding amount of$415,000): • City Administration of CDBG Program $83,000 • City-Wide Economic Development for job training programs: $50,000 (Fixed amount) • Target Area Weatherization and Minor Home Repair for Homeownership Housing: $32,000 (Fixed amount) • Capital Projects in Target area to revitalize neighborhoods to create affordable housing: $250,000 ATTAC H M ENTS: 1) Staff Memo 2) PowerPoint Presentation 3) 2017 CDBG Policy Plan 4) Notice of Funding Availability (NOFA) for 2017 CDBG Funds FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts to the City. STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to release the Policy Plan for public comment from July 20 to August 19, 2016 as presented; and release the Notice of Funding Availability for 2017 CDBG funds. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action �� -..,�� ;;,� -�:..�. � � i DEPARTMENT OF � �`��`�'-�f�r�'�""'-! ! ;; I COMMUNITY DEVELOPMENT �� .,. �i . - � ' � ::� ! i I j . � • i � MEMORANDUM I i r-:-� �� '`�` ` i i�� _ '��_ �. .•�, i I- - - - --- - -- ---- --_� To: Bremerton City Council From: Sarah Achaoui Date: July 13,2016 Re: 2017 Policy Plan and CDBG Notice of Funding Availability What is the Policy Plan? The Policy plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards, provides specific information about the policies and regulations for the use of HUD Community Development Block Grant and HOME funds. History In 2015 City Council adopted the 2015 CDBG Work Program and the Consolidated Plan for years 2016-2020.Those important documents set the CDBG target area and the strategic plan priorities which guide the use of our CDBG entitlement.The funding percentages set are as follows: Planning and Administration (20%-set by a regulatory requirement) Capital Projects in target area (55%) Economic Development City-Wide(15%) Blight Abatement(10% maximum allowed by regulations) During the adoption of the Consolidated Plan the City had estimated that its entitlement would be approximately$390,000. For the 2016 program year the City was actually awarded $417,439,which includes remaining funding from previous years.The projects that were awarded funds in 2016 include: Capital Proiects in Tar�et area: Sound West Group:4th Street North fa�ade improvements:$196,629(grant requested:$196,629) Kitsap Community Resources: Weatherization and Minor Home Repair:$27,990(grant requested: $50,000) City of Bremerton Parks Department:ADA Improvements to Evergreen Rotary Park:$17,000(Funded with prior year funds). Economic Development Citv-Wide: Kitsap Community Resources: Business Education Support and Training:$65,896(Grant requested: $50,000) Bli�ht Abatement: Sound West Group:4th Street South Building Improvements:$43,931(Grant requested:$39,000) Staff is seeking input from the Council as to what the funding percentages should be for 2017. Important updates to the Policy Plan Mandatorv Technical Assistance Session for first time applicants and applicants who have never been awarded Citv of Bremerton CDBG funds All first time applicants,and applicants who have never been awarded CDBG funds must attend a technical assistance session.This session will be held on Thursday,September 8th from 10-12pm at the Norm Dicks Government Center in the Mayors Conference room. If those applicants do not attend this TA session or request individual TA from the CDBG administrator,their application will be deemed ineligible. Nei�hborhood Revitalization Strate�vArea HUD has approved the Cit�s application for a Neighborhood Revitalization Strategy Area (NRSA).This NRSA matches the CDBG target area and allows for increased flexibility in undertaking economic development and housing activities with CDBG funds. Derailed information on the Neighborhood Revitalization StrategyArea can be found on page 11 of the 2017 Policy Plan Project Timeline 1) Council to confirm funding Percentages Funding Percentages can be found on page 7 of the 2017 Policy Plan 2) Publish Policy Plan and NOFA on July 20, 2016 for public comment 3) Public Comment period on Policy Plan July 20 to August 19, 2016 4) Council Action to adopt Policy Plan August 24th (Study Session) and September 7th (Public Hearing) 5) Release Request for Funding Proposals on September 8, 2016 A more detailed cycle timeline can be found on page 2 of the Notice of Funding Availability Action Steps ❑ Council to confirm or amend funding percentages lJ Set Project Review Committee Membership ❑ Nominate a Council Delegate to the Project Review Committee _...- --------- --- i-- -- -----.._ ._.... , � I � I I� i � i I I � i � rt n : lt reme o � o � � � � . � O 1C , . . � 1'1 1Ce O un 111 an a o . . . � val a 1 1 � - � . � � � � � � � � � � � � � . . � � � r-----------......_.._ .._ _ . ------------ � I � I � i i � � � I � , a ls e o lc an . . . � , � • A docurr�ent updated yearly which : � o Sets the parameters for the management of our HUD entitlement grant awards consistent with the 2�16-2020 Consolidated Plan. o Provides specific information about the policies and regulations ' for the use of HUD Community Development Block Grant and ' HOME funds. i ; � � I � � � i i I • • � � � I------------ - -- - ---.._.-------�------ _._ ; � �• .. . . - - _— - � .-1�. 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T--_. . . _ ,, � ' ' ��.� _�-, - -:-- �== 11- L' ;l� )-� �' ._a .i`.I��il�I-l--=7-�Il ' ?� ' �� 1.:�l��T�� II-.T.-'`i ' �/' � f-': --� _ . ---` - '.. -.- --- �I � �g �Ll-.L_�'�!ti� 1 � . . _ I�_ � , ^� ---......_. _ .._- -- ---- �Y ------.�. � ��`� ; I , J ' i `i`,: � � /� %� f ��C:FGn11Y` I (\/� `� � r�Cf�J ==�' L=� ---��/ r 'L' 1 r�.�� i I _ ��✓, � �. I� i G��, � _ _, � �I.��/�� - -- ��.. •/'.� L@ end „ �! �j` �Designated BfightArea ;� 9 °�Z. �� CDBGMRSATargetArea ^' O CDBG Target Aree L,y ,,, �2010 Census Traet '�af. < �� 0 0.125 025 0.5 Miles 0 0.125 0.25 D.5 'le � � � I � � � 1 I I i i I i i I I ' r_...-- -- � � I _. . r-..------------------ --- . . _. ....- ---------- - i ' � ' � � � h Pollc � r nt u d ate s to t e � Im o ta p Y p � , _ � � � . - � � Pl n lnclude : �. , a ; . , � � ' o Neighborhood Revitalization Strategy Area • City has an approved Neighborhood Revitalization Strategy Area (NRSA) which matches the target area for use of CDBG funds (Census . Tract 805) . • This designation allows for enhanced regulatory flexibility for job � � creation or retention, economic development, and creation of housing units. Thereby easing the administrative burden on sub- ; recipients. ; , , � . ; I ' i � � � : i i , ; I + � I I • i �---- -�-------.._.. .. . � --------� ---- -----..._.. . - - __...------�---- � � � I 2016-2020 Consolidated Plan Priorities � � . � � � � . . . : . . . . � I • Public Infrastructure (streets) including engineering and design � ; • Demo of Blighted Buildings � , � Fa ade Im rovement • Acquisition and rehab of buildings , � p • Public Infrastructure (Streets) • Crime Prevention through Environmental Design . Parks - • Lighting • Preservation/IZestoration of Historic Properties • Landscaping • ADA Improvements ; • Streetscapes . • • - � • • . . - � - • . • � • Energy Efficiency and Minor Home Repair • Safety (Smoke Detectors) ' •Removal of Lead Paint � • ADA improvements . � • . .• • � •• - • • - ; •Job Creation • Business Training � •Rehab of Buildings for Commercial Purposes i ` � i • , . i i •Demo of Buildings • Resolution of Code � • Removal of Environmental Hazards deficiencies � • • • • I � I • Creation of affordable Housing • Housing Counseling � •Down Payment Assistance ; � I . ... ._.. -- ---..-- ----------� !------------�--... _ _ .... . --------..._. ...- -- ---- -------- �-�---- i � ! � . . . ; Councll Determined at the stud session on ; Y � ul 13 2016 that the riorities and rant � T , g � Y p amounts are as f ollows: Capital Projects in Target Area to Revitalize Neighborhoods to create affordable housing: ($250,000) � City-Wide eatherization and � Mi�or Home TZepair Economic ' Development for job in Target Axea for ; Homeownership training programs Housing ($32,000 ; ($50,000) � � fixed amount) I ' � I � � � � ° � ' � , �------------.___--- _ . -. .------- -----� �----------�------. .. _ . _...._._..------ ----- i ' i I ' � : i ' i ' � • • • • • � 1 1 e C 1V1 leS � . . . . . . - - . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . - • . . . . . . - . - • . • • • . • ' • ' � • • � � • • � ' • • • • • � . .. . . . :. � :-.: .. . .. . ..:. ... •Fa�ade Improvements � � •Assistance to carry out � i •Energy Efficiency � •Demo of Blighted Buildings � j economic development � Improvements �' •Acquisition and rehab of � ; projects for job training � i •ADA Improvements � Buildings ! � purposes � i •Rehab/Repair of homes : •Public Infrastructure ; I' I I ; Improvements (Including ; ! ; � engineering and design) i ; � : � ; •Acquisition of real property ' � i by purchase or lease ; ; i ; � ; : � � : ; . �Planning Activities ' � i ; ; •Rehab of buildings for ` { , ; � future residential purposes ' ; ; ; I , . . . i � `--------------------�- ------... .. __ . ....... ._.---------------��---�--�—= � --�-----�-�-------�-----------.._,.---�--------�------------------------�---- � ; - , � � ; � � � . � • � i _ . . .... ..- - - --...._ ........� L'__'....-__'_. . ._. .._. _. i-______.________ __ _ . _ ; � , i • � � un ln moun s � � � . � � , � 2017 Estimated Allocation �� $415,000 �� I�.,.�__.�.,.�.,�..,...�....�.. . ..�.....�...�.��. a� I� � � ..�.....�..y�.�.... ..��...�.�..�,.�o...�� IJI ...vs..�..a..�.�.�.��.e..s-....,.'! . V � �►CtlVlt�/ a Ad m i n ' 83,000.00 � ti $ p Q .,�..,r----- City-Wide Economic Development� � � for job training programs � $50,000.00� _.m.__._..� � . � Target Area Weatherization and . ,, � Mi nor Home Repai r for a �; Homeownership Housing � $32,000.00� - � � Capital Projects in Target Area to g " vi lize Nei hborhoods to � � Re ta g � � . Create Affordable Housing � $250,00O.00p i� _....m._ h .�____ � _ � �� m � _.. R .s..�. R ;I � N � Tota I � $415,000.00 �. � � h li i j . -.--.-�-.. .._,,.�-a,....+.�... ._..,,.. g-�._.._.�.a...�...im....._�,. .��s_."s-^ • j � . I � ' 1 � , , ' � � _" -_, _._. . .. ,_-•-_ .-...�..,�.........,.:..�._-�.�.._._.r�a.,..�_ :_..��R�=..�.-.�....- �-'---�----.._..—.__._...._... ..._ ............. ....----.......-� --- �----- ---- - ...._...--- ---�- -� � � I , � i I ; I • • • i � lme lne - � ro e c � : 1 . Publish Policy plan and Notice of �undeng � Availability ( NOFA) for public comrr�ent on July 20, 2016. (30 day comment period ends August 19, 2016) . 2. CD�G Info-station 4m00-5o30 pm on August 3rd. - 3. Council Action to adopt Policy Plan August 24tn (Stucly Session� and September 7th ( Public Hearing) � 4e Release Request for Funding Proposals on � September 8, 2016. � 5e Request for Funding Proposal ' s ( RFP) clue ; � . i September 21 St at Noon � � � � � • • � � , : -.-----------__._. _. --. __ ------ ----- ., I ___� __'-_____.. _.._._ . i I I ' B� C cle ' i Im ortant dates f or the 2017 CD � � p Y - ; �� Public Hearing adopting the 2017 September 7, 2016 Policy Plan and release of 2017 Request for Funding Proposals � Technical Assistance September 8, 2016 2017 RFP released September 8, 2016 Applications Due September 21, 2016 Project Review Committee interviews September 26-27�, 2016 Funding recommendations posted on September 30, 2016 City Website Public Hearing adopting 2017 Action November 2, 2016 � Plan and funding recommendations , �� Action Plan Submitted to HUD November 15, 2016 � � � � , � . . � � � ; ___. _. _: City of Bremerton Community Development Block Grant ..._ �'��-_�„` _ ` -;�,�= /�� I�'� ; ��-�Y 'r' -` � � t .. -t ��.�� i 1 ! � 1 ` '� �•r,-�/."� , f I '.-- --� � _ � i � l i , •�." �' f, �n�:cW.r:ns I �. .1� � ,��I " � ;,L �� 5., 1 �- l � � � r `f�� '� - �'�1-+ .*! n '� j i. ...�.�+aRnilF f .�I+r.'6`^.d ,."'�n"'o�� .�e ,"r y ..,71� \.,i. '�/ '�Ilr �j� y y_ �, r � .`�n\1. ` � .I� �! , ��j I' �� - - ' i � r �! � � I ,� � , � ,, i '�::.�`� i `�. {, � �� .��- �� • � o � • �i $l�yT1Yv•(7��1'C7Q7 P.S;+o SY,�;715 Uf SLdCC.C'.5S � 2017 CDBG/HOME POLICY PLAN CDBG/HOME POLICY PLAN Contents ExecutiveSummary...........................................................................1 Community Development Block Grant Program..................................... CDBGFunding................................................................................... HOMEFunding................................................................................... Allocation Process.............................................................................. Policies � Regulations for Use of Funds........................................................... Citizen Participation Plan...................................................................... ConsolidatedPlan.............................................................................. Appendix A— Citizen Participation Plan Appendix B —Consolidated Plan Objectives & Strategies Appendix C — CDBG Eligibility Requirements & Program Rules Appendix D —Anti-Displacement $ Relocation Assistance Plan Appendix E — HOME Eligibility Requirements & Program Rules Appendix F— Glossary Appendix G — Map CDBG/HOME Policy Plan � 201� Executive Summary The 2017 City of Bremerton CDBGIHOME Policy Plan provides guidance for applicants applying for 2017 funds on things such as eligibility, overview of the funding allocation process, regulatory requirements and local policy decisions. The allocation of CDBG and HOME funds are guided by the Strategic Plan which is a part of the Consolidated Plan. Kitsap County and the City of Bremerton have prepared a Consolidated Plan for 2016-2020 in order to implement our community's federal program funds. The purpose of the plan is to evaluate community needs and set goals for the five year plan period. Through a Community Needs Assessment, Housing Market Analysis and with community and stakeholder input, the City of Bremerton has developed a Strategic Plan. The City of Bremerton's Strategic Plan outlines the priorities and goals which guide the allocation of funds over the five year period.The funds allocated for the 2017 grant application cycle will be included in the Year 2, 2017 Action Plan. The priorities identified for the five year period are as follows: • Revitalize targeted neighborhoods; , • Improve and preserve affordable homeownership housing; • Expand economic opportunities for very-low, low, and moderate income Bremerton residents; • Abate Blight conditions downtown; • Increase homeownership opportunities for low to moderate income Bremerton residents. 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 and the City of Bremerton together form a consortium and receive an allocation of HOME Investment Partnership Program (HOME) funds. Through an interlocal agreement between the County and the City a percentage (as determined by HUD) of the annual allocation of HOME funds is designated for the City and the remaining designated for the County. As the City of Bremerton is designated as a separate Entitlement Community, the City receives its own CDBG funds. CDBG funds are allocated annually through the City in Requests for Funding Proposals. HOME funds are allocated annually through a competitive grant process coordinated by Kitsap County. 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. 1 CDBG/HOME Policy Plan ( 2017 CDBGFUNDS WHAT ARE CDBC 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 or other applicable leadership within your organization with skills and experience to provide leadership and direction to the agency. • 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. WFIAT ARE ELIGI�LE 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; 2 CDBG/HOME Policy Plan I �017 • Assistance to Communiry 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; • Commercial Rehab-Activities designed to bring commercial structures up to code or improve their facades; � Preservation, rehabilitation or restoration of historic properties; • Rehabilitation of privately owned buildings and improvements for residential purposes; • Low income public housing and other publicly owned residential buildings and improvements; • Acquisition, rehabilitation, or construction of rental housing; • Lead based paint hazard evaluation and reduction; • Assistance to private individuals and entities, including profit making and nonprofit organizations, to acquire for the purpose of rehabilitation, and to rehabilitate properties for use or resale for residential purposes; • Labor, materials and other costs of rehabilitation of properties including repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors and dead bolt locks, and renovation through alterations, additions to or enhancement of existing structures, which may be undertaken singly, or in combination: For residential purposes. • For commercial purposes: The acquisition, construction, reconstruction, rehabilitation or installation of commercial or industrial buildings, structures, and other real property equipment and improvements. These are economic development projects undertaken by nonprofit entities and grantees(public entities). Subject fo Public Benefit Standards detailed on page 8. The following activities are generally not eliaible 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 eligib/e or ineligible activities refer to CDBG regulations in 24 CFR 570.201 and 570.207 What are the City's priorities for use of CDBG funds? • Revitalize targeted neighborhoods; • Improve and preserve affordable homeownership housing; 3 CDBG/HOME Policy Plan ! 2017 • Expand economic opportunities for very-low, low, and moderate income Bremerton residents; • Abate Blight conditions downtown; • Increase homeownership opportunities for low to moderate income Bremerton residents. Appendix C 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. 4 CDBG/HOME Policy Plan I 2017 WHAT IS THE SECTION 108 LOAN GUARANTEE? Section 108 is a loan guarantee provision of the CDBG program available to the City as an entitlement community. 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 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. The City must determine if they would like to apply for a Section 108 loan. 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 regutations 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. The city anticipates exploring Section 108 as a resource and creating a strategy to utilize these funds beginning in 2018. 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. 5 CDBG/HOME Policy Plan I 2017 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 • 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 eliQible 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 nof comprehensive. For a comp/ete list of eligible or ineligible activities refer to HOME regulations in 24 CFR 92.205 What are the HOME priorities for the City of Bremerton? • Preservation of affordable housing for new homeownership; • Increasing homeownership opportunities for low to moderate Bremerton residents; • Rehabilitation of older housing stock to increase homeownership opportunities. 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 for HOME funds. The City will create a Request for Funding Proposal (RFP) based on its priorities for use of funds. The request for funding proposals will be released in September and a city-driven process will be used to determine funding allocations for CDBG. 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. 6 CDBG/HOME Policy Plan I 2017 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 estimate funds available based on prior year's allocations and details will be listed in the RFP's. Applicants should request a minimum of$10,000 per application. Grant awards will typically not be awarded for less than $10,000. WHAT IS THE DISTRIBUTION OF CDBG AND HOME FUNDS? The CDBG and HOME programs allow certain set-asides to further specific program goals. The City has set additional funding targets to help meet local objectives. The following is the distribution for the City of Bremerton (local targets in italic): CDBG • Planning &Administration —20% max • P/anning applications not accepted due to insufficient funding • Capital Projects in target area—55% • Economic Development-City Wide— 15%of total • Blight Abatemenf—10%of total Percentages may change year by year during the Consolidated Plan time period HOME � _ o Administration 10/a max • Community Housing Development Organization (CHDO) Set-Aside— 15% min • Capital Projects—75% • City of Bremerton HOME funded projects Percentages may change year by year during the Consolidated Plan time period HOW CAN MY ORGANIZATION APPLY? For the 2017 program year the application cycle will begin with the release of the Policy Plan in July and the commencement of a 15 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Bremerton City Council, the Requests for Funding Proposals (RFP's)will be made available on-line. Interested organizations can find the RFP's and all associated information on the City web site at http://www.ci.bremerton.wa.us/displav.php?id=864. The schedule for the annual application cycle, including the due date for applications, is also available on the web site. Interested organizations may also contact Block Grant staff to request to be placed on the City interested parties list to receive automatic notices about these programs. Beginning in 2016 the annual application cycle for use of 2017 funds will begin in late summer with the publication of the Notice of Funding Availability and Policy Plan and commencement of a 30 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Bremerton City Council, the Requests for Funding Proposals (RFP's)will be made available on-line. 7 CDBG/HOME Policy Plan I 20�� WHEN WILL FUNDS BE AVAILABLE? Funds for the programs' January 1 – December 31 program year are generally not available until mid-summer of the program year. Timing is dependent on federal budget approval—which is often delayed—and how quickly HUD is then able to allocate funds to local jurisdictions. The City will not execute contracts with subrecipients until we have a contract from HUD. Once contracts are executed CDBG and HOME funds can only be disbursed on a reimbursement basis. POLICIES 8� REGULATIONS FOR USE OF 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 familiarize yourself with the requirements. A Guidebook for recipients of CDBG and HOME funds can be found on the City web site at: http://www.bremertonwa.qov/213/Subrecipient-CDBG-HOME-Guidebook. You may also contact the City Block Grant Staff for additional assistance. A. GENERAL REQUIREMENTS 1. 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 Agencies that are currently receiving County or City CDBG or HOME funds, who are applying for funds, must be in compliance with all terms of their current agreement(s) and must not have outstanding audit findings, monitoring findings or concerns related to prior year's funding. 2. Contract Retainage for Federal Compliance City/County will withhold up to 20% of the award amount included in the written subrecipient agreement until all federal compliance requirements are met. All construction contracts between a subrecipient(ie: your agency) and contractor shall have 10% of payment retained until fulfillment of federal compliance is documented. 3. Definition of Income Most CDBG and HOME funded projects use income to determine who is eligible for services or housing. Per HUD, income must be defined in one of two ways under the CDBG and HOME programs; subrecipients must select one method which it will use for the duration of each program/project (rental housing projects must use the Part 5 definition): � Annual income as defined in 24 CFR 5.609, referred to as "Part 5 annual income", or; 8 CDBG/HOME Policy Plan I 2017 � Adjusted gross income as defined for reporting purposes under the IRS Form 1040 long form (not IRS Forms 1040A or 1040EZ). For more information on determining income see the Technical Guide for Determining Income and Allowances for the HOME program. This guide and can be downloaded from: http://archives.hud.qov/offices/cpd/affordablehousinq/modelQuides/1780.pdf 4. ProjecUActivity Delivery Costs Block Grant staff costs directly related to carrying out a funded activity may be charged to the subrecipient grant award, reducing the amount available to the subrecipient. Project/Activity delivery costs will be charged back to capital projects only, for staff duties including but not limited to carrying out NEPA compliant environmental review, fulfilling Davis Bacon Certified Payroll review and enforcement, underwriting loans and housing inspections. For example, an agency is awarded $50,000 for a capital project, block grant retains$2,500 for completing the NEPA review, and the subrecipient agreement is written for$47,500. Staff reports the full award of$50,000 to HUD in the annual Action Plan. 5. Commitment and Timely Expenditure of Funds In order to meet regulatory requirements the City and County have established the following policies for CDBG and HOME funded projects: a. COMMITMENT: r� Organizations awarded CDBG or HOME funds must enter into a written agreement with the County/City during the award year(i.e. Funds awarded for 2017 must have an agreement executed by Dec. 31, 2017). r In certain circumstances a conditional commitment of funds may be made for Capital projects that do not have all project funds committed at the time of recommendation. If after 18 months of conditional commitment(from the beginning of the program year, January 1) all funds have been committed, the subrecipient will enter into a formal written agreement with the Block Grant Program. If all project funding has not been secured within the 18 months the conditional commitment will be canceled and the funds will be allocated in the next funding round. b. TIMELY EXPENDITURE OF FUNDS: v Projects using HOME funds to acquire vacant land must be under construction within 12 months of the commitment date. i� Organizations must begin drawing funds within one year of the contract execution date (date the contract was signed by County/City Mayor) and at least annually thereafter. c. DEOBLIGATION OF FUNDS: � Organizations unable to meet these requirements will lose their funding; funds will be allocated to another eligible project. 6. On-going Restrictions for CDBG & HOME Funded Capital Projects 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 9 � CDBG/HOME Policy Plan � 2017 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 agreements will vary depending on the type of project assisted. 7. Applying the Public Benefit Standards When CDBG funds are used for special economic development projects and/or public facilities and improvements projects undertaken for economic development purposes, grantees must ensure that a minimum level of public benefit is obtained. Note: the public benefit standards do not apply to microenterprise assistance provided under 570.201(0). The individual and aggregate activity standards must be used as follows in order to make this determination. Applying the standards for individual activities: If an activity both creates/retains jobs and provides goods/services to LMI residents of an area, the activity is only ineligible only if it fails both standards(i.e. it must meet one); The standards applied to the number of jobs projected or LMI area residents at the time funds are obligated; and If the activity is limited to job training/placement or employment services, the jobs assisted with CDBG are considered jobs created/retained for the purpose of applying the individual activity standards. Applying the aggregate standards: Entitlement communities must apply the aggregate standards to all activities for which funds were first obligated during any given program year; Grantees may elect to apply the standards to the creation/retention of jobs or to the provision of goods and services to LMI residents, but cannot count an activity under both standards; If the activity is limited to job training/placement or other employment services, the jobs assisted with CDBG are considered as jobs created or retained when applying the aggregate standards; The following activities may be excluded from the aggregate standards: Jobs are provided exclusively for unemployed persons or participants of JTPA, JOBS or AFDC programs Jobs are provided predominantly for residents of public or Indian housing units; Jobs are provided predominantly for homeless persons; Jobs are provided predominantly for low-skilled, LMI persons and the business agrees to provide clear opportunities for promotion and economic advancement (e.g., provision of training); 10 CDBG/HOME Policy Plan I 2017 Jobs are provided predominantly for persons residing in a Census tract with at least 20 percent of the residents in poverty; Assistance is provided to businesses that operate in a Census tract with at least 20 percent of the residents in poverty; The activity stabilizes or revitalizes a neighborhood that has at least 70 percent LMI residents; Provides services or creates/retains jobs in a HUD-approved Neighborhood Revitalization Strategy Area; or With prior HUD approval, represents some other innovative approach with substantial benefits to LMI residents. Neighborhood Revitalization Strategy Area The City of Bremerton has an approved Neighborhood Revitalization Strategy Area which matches the target area for use of CDBG funds (Census Tract 805). Communities with approved Neighborhood Revitalization Strategy Areas are offered enhanced flexibility in undertaking economic development. This flexibility is designed to promote innovative programs in economically disadvantaged areas of the community. Areas of enhanced regulatory flexibility include: -Job creation or retention effort focused on the selected neighborhood may be classified as meeting the LMI area benefit national objective requirements. • Businesses that receive such assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. • This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community's job creation/retention programs. - Aggregation of housing units for which CDBG funds obligated during each program year and treat them as a single structure. - 51 percent of total number of units must be occupied by LMI households. - This permits grantees greater flexibility in applying the LMI housing national objective criteria for the housing category. - In turn, grantees have flexibility in providing housing to residents of the NRSA neighborhood. - NOTE: The flexibility to aggregate housing units assisted does not change the requirement that homeownership assistance provided under 570.201 (n) must be provided only to LMI households. - Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards. - This reduces recordkeeping requirements. 11 CDBG/HOME Policy Plan � 2017 - This affords greater flexibility in selecting and implementing economic development activities, and reduces the amount and scope of information that grantees must collect and document regarding its programs. B. HOME FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of the HOME program, including determining whether your project is eligible, please see Appendix E HOME Eligibility Requirements and Program Rules. C. CDBG FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of CDBG, including meeting a National Objective, please see Appendix C CDBG Eligibility 8 Program Requirements. D. FINANCIAL MANAGEMENT 1. Uniform Administrative Requirements Agencies must comply with 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. Agencies that do not meet the audit threshold for mandatory audits are encouraged to obtain an annual audit if their operating budget is$100,000 or greater. Smaller agencies are encouraged to obtain at least a third-party annual financial review. Block Grant Staff will review financial information closely for all agencies submitting application. 2. Audit Requirements Private non-profit agencies expending $750,000 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 $750,000 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 a third-party annual financial review. Block Grant staff will review financial information closely for all agencies submitting application. E. PROCUREMENT Any subrecipient using CDBG or HOME funds to purchase goods or services must have a formalized written procurement procedure in place prior to contracting for any goods or services. Procurement requirements are contained in 2 CFR Part 200. Additional information on procurenement requirements can be found in Section E of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program Website. l2 CDBG/HOME Policy Plan I 2017 F. ENVIRONMENTAL REVIEW 1. Environmental Review (24 CFR Part 58) All CDBG/HOME projects must have a NEPA compliant environmental review process completed before any funds, including funds committed from other sources, can be spent on the project. Additional information on environmental review requirements can be found in Section F of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. The costs associated with conducting a NEPA compliant�environmental review for Capital CDBG and HOME funded projects may be charged to the grant award as project costs(HOME) or activity delivery costs (CDBG). Cost will vary depending on the level of review and complexity of the project and include staff time, cost of publishing required legal ads and printing costs. The cost of any studies required to complete the � environmental review(i.e. Phase I Environmental Site Assessment, Geotechnical. Report, Cultural Site Assessment, etc.)will be in addition to the costs associated with preparation of the NEPA environmental review and will be the responsibility of the subrecipient. G. EQUAL OPPORTUNITY 8 ACCESSIBILITY 1. 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: a. Title VI of the Civil RiQhts 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). b. The Fair Housinq 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). c. Equal Opportunitv in Housinq: Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin 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). d. Aqe Discrimination Act of 1975: Prohibits age discrimination in programs receiving Federal financial assistance (24 CFR Part 146). e. For more information on eliminating discrimination visit www.hud.aov/offices/fheo/pro4desc/title8.cfm 2. Handicapped Accessibility CDBG and HOME funded projects are subject to the following regulations governing the accessibility of Federally-assisted buildings, facilities and programs. a. 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 13 CDBG/HOME Policy Plan I 2017 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. b. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of handicap. c. Additional information on equal opportunity and accessibility can be found in Section G of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. H. LABOR STANDARDS 8 CONSTRUCTION 1. Equal Opportunity for Employment and Contracting CDBG and HOME funded projects are subject to the following regulations governing employment and contracting opportunities. a. Equal Emplovment Opportunitv: 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). b. Section 3 of the HousinQ and Urban Develoqment 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. c. Minoritv/Women's Business Enterprise: Outreach to minorities and women in contracting for services (24 CFR 85.36(e)). 2. 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. The costs associated with the review of Certified Payrolls and compliance with DBRA requirements may be charged to the grant award as project costs (HOME) or activity delivery costs (CDBG). Cost will vary depending on the complexity of the project a. 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. b. Contract Work Hours and Safetv Standards Act: Provides that mechanics and laborers employed on federally assisted construction jobs are paid time and one-half for work in excess of 40 hours per week. c. Copeland (Anti-Kickback)Act: Governs the deductions from paychecks that are allowable. More information on Davis Bacon requirements can be found in Section I of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites 3. Lead-Based Paint Hazard (24 CFR Part 35) Housing built before 1978, assisted with HOME or CDBG funds, is subject to the Lead- Based Paint Poisoning Prevention Act. The law imposes requirements related to: 14 CDBG/HOME Policy Plan � 2017 • Disclosure of known hazards and what has been done to reduce them; • Treatment, relocation during treatment, and ongoing inspection of units. Project feasibility is an important consideration for housing with lead-based paint. Recipients of CDBG or HOME funds will need to be aware of the potential for additional time and cost associated with lead-based paint hazards. Information on Lead-Based Paint requirements can be found in Section I of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. 4. Compliance with Codes 8 Standards for Rehabilitation and New Construction a. All capital projects funded with CDBG or HOME must comply with local building and fire codes. b. All HOME funded Rehabilitation projects must comply with the Rehabilitation Standards adopted by the Kitsap County& City of Bremerton Block Grant Program. c. All rental housing units purchased and/or rehabilitated with CDBG or HOME must pass a Uniform Physical Conditions Standards inspection. d. All housing must comply with the applicable accessibility requirements for persons with disabilities. 1. REPORTING 8� MONITORING All programs and projects funded with CDBG or HOME funds will be required to submit quarterly reports. Reports will be provided by the Block Grant Program and may be submitted electronically. Annual on-site monitoring is conducted by staff for all open contracts. A monitoring checklist is used by staff to review compliance with the requirements of the written agreement and federal regulations. Agencies will be contacted at the end of the program year to schedule the monitoring visit. J. ACQUISITION S RELOCATION 1. Uniform Relocation Assistance 8 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 D. 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. 2. 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 trigger this regulation must follow the Anti-displacement and Relocation Assistance Plan included in Appendix D. 15 CDBG/HOME Policy Plan 2017 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 City in development of the Consolidated Plan and annual application cycle which results in the Action Plan submission to HUD. The Kitsap County/City of Bremerton Block Grant Program Citizen Participation Plan can be found in Appendix A. 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 lonq-term strateqv 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 proqrams 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 8 Community Development Needs Assessmenf 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. 16 CDBG/HOME Policy Plan I 2017 C. The Sfrategic 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 go�uernment 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 Acfion 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. Note: The Objectives 8 Strategies from the Consolidated Plan are included in Appendix B. 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 F. 17 Appendix A Citizen Participation Plan (Updated 7/1/2016) � CITY OF BREMERTON AND KITSAP COUNTY CITIZEN PARTICIPATION PLAN introduction The Ciry of Bremerton receives both Community Development Block Grant(CDBG) and HOME Investment Partnership (HOME)funds. The City receives its own CDBG funds as an entitlement, and HOME funds through its membership in a Consortium with Kitsap County. The City of Bremerton is committed to assuring opportunities for citizen involvement in decisions concerning activities taking place within the community. Each year the City of Bremerton is eligible to receive CDBG and HOME funds. There are specific rules and regulations governing the allocation and use of the funds, including provisions for citizen involvement in decision making. In order to facilitate citizen involvement, the Ciry has adopted a Citizen Participation Plan. Beginning in 2015, the City of Bremerton has removed its CDBG funding from the Grant Recommendation Committee Process with Kitsap County. However the City still participates with the Homeless Housing Grant Program and the Affordable Housing Grant Program in the combined funding & application process. This combined process includes a single application for funds, a single Grant Recommendation Committee (GRC) process and funding recommendation for use of HOME funds and Homeless Housing Grant Program. Funding recommendations are approved by the Kitsap Board of Commissioners for County CDBG/HOME funds and by the Bremerton City Council for City CDBG/HOME funds. 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 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 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 community. Annual Allocation Process / Action Plan Submission The City of Bremerton as an entitlement jurisdiction will 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 8�Application Beginning in 2016 each year in the summer a notice will be published in the newspaper of record to announce funding availability and provide an opportunity for comment on the CDBG/HOME Policy Plan. This notice will begin a 30-day comment period on the Policy Plan (including the Citizen Participation Plan) and include the date and time of public hearings to take citizen comments. Notifications will also be sent to any agency or organization who requests to be placed on our interested parties email list. Upon approval of the Policy Plan by the Bremerton City Council, information about the Request for Funding Proposals and mandatory technical assistance session will be available from: City of Bremerton, Community Development Block Grant 345 6`h Street, Suite 600, Bremerton, WA 98337-1873 http://www.bremertonwa.qov/209/Consolidated-Planninq or by contacting Sarah Achaoui sarah.achaoui(a�ci.bremerton.wa.us or by phone at 360-473- 5375 All applicants who have never applied for or received Community Development Block Grant Funds are required to participate in this technical assistance session. Applications will be made available in a format accessible to persons with disabilities upon req uest. Application submittal instructions and due date are included in the Notice of Funding Availability(NOFA). Applications must be submitted online and require access to the internet. B. Technical Assistance At least one mandatory technical assistance session will be held for first time applicants, or those who have never received City of Bremerton CDBG funding who 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 when the policy plan is adopted and the Request for Funding Proposals released, included in the schedule posted on the web sites and emailed to all interested parties on the current interested parties list. In addition to the mandatory Technical Assistance described above, City 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. This session,for CDBG applicants will be held on September 8th 2016, from 10:00 am-12:00 pm at the Norm Dicks Government Center in the Mayor's Conference room. C. Application Review�Grant Recommendation Committee Process The Grant Recommendation Committee will be used to review applications for HOME funds. The City of Bremerton will be using a Project Review Committee to review applications for CDBG funds. Applications will be initially reviewed by Block Grant Staff to determine compliance with technical requirements including eligibility for CDBG and/or HOME funds. Applications which are found not eligible for CDBG or HOME funds or Homeless Grant Program or Affordable Housing funds, will be disqualified and the applicant will be notified. Eligible applications will be reviewed and evaluated by staff for organizational and financial capacity, will be intereviewed, and a recommendation will be forwarded to City Council. The Council will review all recommendations, and select the projects for funding based how they address needs 8� objectives identified in the 2016-2020 Consolidated Plan. The Project Review Committee (PRC)will be formed consisting of two City of Bremerton staff members, one member from City Council, and three citizens at large. The role of this committee is to Read all applications and complete independent, scored reviews, review projects for community need and benefit, review evaluations, conduct interviews, and discuss, rank and recommend projects for funding. The appointees to this committee are confirmed by Bremerton City Council. The PRC will provide recommendations to City Council and the Council will have the opportunity to approve all the final recommendations. D. Funding Recommendations &Action Plan Organizations submitting applications will be notified whether or not the staff has recommended their proposal for funding. The City Council will consider the staff recommendation, will hold a public hearing on the proposal, will take public testimony and . wi{I adopt the funding package. 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 website. 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 15 days to review and comment on the plans. Comments or views of citizens will be considered, 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 will submit the Action Plans, including the projects proposed to be funded, to HUD no later than November 15�h 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.bremertonwa.qov/209/Consolidated-Planninq (scroll down for a link to the documents) • ■ A printed copy may be requested from the 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, including non-housing community development needs and priorities during development of the plan. 3. The City of Bremerton will coordinate with the Bremerton Housing Authority(BHA)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 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 Ar�nual 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 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 PRC prior to submission to 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 • Adding a new activity • 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 chanqes must be obtained from the appropriate Block Grant Administrator. Minor project changes may need to be formalized as an amendment to the sub-recipient Agency's contract with the City. The Agency will submit a written request for change to the Block Grant Administrator stating the specific reasons for the requested increase or decrease in funding, or change in purpose, scope, location or beneficiaries. All requests will be reviewed, and approved or denied by the Block Grant Administrator. Performance Reports 1. The 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 St 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: • City of Bremerton: http://www.bremertonwa.qov/198/Federal-Grants---CDBG 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. Beginning in 2016 a public hearing will be hetd in summer for the approval of the next year's Policy Plan. 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 15 or 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. 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/155/Citv-Council. 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: Sarah Achaoui Community Development Block Grant Administrator City of Bremerton 345 6`h Street, Suite 600 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: City of Bremerton Block Grant—The Kitsap Sun Notices may also be published on City website: City of Bremerton Block Grant Program: http://www.bremertonwa.pov/198/Federal-Grants---CDBG 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, 1 S' Floor Meeting Chambers 345 6th Street Bremerton,WA 98337 Appendix 6 Objectives and Strategies from Consolidated Plan Objectives and Strategies from Consolidated Plan HUD Program Goal: Preserve and Increase Affordable Housing-including: • Retaining the affordable housing stock; • Increasing the availability of affordable housing for low and moderate income . families; • Providing affordable housing that is accessible to job opportunities Housing Objectives H-1 Improve and preserve the quality of affordable housing 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. H-3 Promote fair housing for all members of the community without discrimination on the basis of race, color, religion, sex, national origin, familial status, disability or sexual orientation. H-4 Expand homeownership opportunities for low and moderate income homebuyers. 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 City will support land acquisition, development and construction of new affordable housing units. Housing constructed on the land may be rental or homeownership. 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 weatherization and other efficiency measures. (H-1, H-7). 3. Fair Housing: The City will provide for fair and equal housing opportunities for all persons through the following activities: a. Conduct a Fair Housing educational seminar for housing providers, real estate professionals and lenders (H-3) b. Provide no-cost fair housing educational resources and referral (H-3) 4. Flomebuyer assistance: The City will support assistance to low to moderate income homebuyers to subsidize the purchase of a home. (H-4) 5. Mixed-Income Projects: Support mixed-income housing projects that include affordable unities 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 City 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. Preservation of Housing: Support the reservation 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) 9. Revitalization: The City will support projects in blight areas for revitalization of the area. (H-8) � Special Needs Objectives 91.215 (e) SNH-1 Increase the supply of housing for special needs populations. SNH-2 Preserve existing special needs housing. SNH-4lmprove housing accessibility and safety in both new and existing housing. 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. Preserve existing special needs housing- Preserve special needs housing through 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. (SNH-2) Homeless Objectives City of Bremerton's homeless objectives will be covered in the Kitsap County Homeless Housing Plan. Homeless Housing Grant funds will be the funding source for many homeless projects within the city; however some capital projects may be eligible for CDBG funding. HH-1 Ensure a safe, decent and affordable housing inventory in our community, to appropriately house people with wide range of needs. HH-2 Housing aimed at providing stable, permanent living conditions in which an individual or family may thrive. 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-2) 2. Economic Independence: Provide education and training to support economic independence through living-wage jobs, and employment and job training. (HH-2) 3. Innovating Housing Models: Explore housing models that are intrinsically more sustainable as affordable units, such as Community Land Trust, Homeshare, etc. (HH-1, HH-2) Please refer to the Homeless Housing Plan for more objectives and strategies. http://www.kitsapqov.com/hs/housinp/Documents/Housinq%20&%20Homelessness%20 Overview/2015%20HHGP%20Policv'�20Plan.pdf 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; • Reducing the isolation of income groups within areas through spatial deconcentrating of housing of 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 Facilities 8� Infrastructure PF-1 Improve the infrastructure and physical environment of the City's Low and Moderate-Income areas. PF-2 Enhance the quality of life through creafion and improvement of recreational spaces and public facilities in Low-Mod areas. PF-3 Increase self-sufficiency and independence for/ow-income popu/ations. 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 City 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 Blight: Address blight by targeting housing rehabilitation, neighborhood revitalization, 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 target area. 5. Public Facilities: Construct and/or improve public facilities that serve the target area. HUD Program Goal: Expanded Economic Opportunities-Which Includes: • Job creation and retention; • Establishment, stabilization and expansion of small businesses • Provision of public services concerned with employment; • Empowerment and self-sufficiency for low-income persons to reduce generational poverty; • Rehab of commercial buildings for job creation. Economic Development Objectives E-1 Increase the number of applicants for living wage jobs. E-2 Expand economic opportunifies for very low-and low-income residents and reduce the number of persons with incomes below the poverty level. E-3lncrease employment opportunities for low-income persons. E-4 Support business development and expansion to create more jobs. E-5 Rehab empty, dilapidated buildings in blight zone for commercial use. Economic Development Strategies 1. Job Creation: Participate in providing infrastructure or facilities to provide for business expansion or development to offer employment opportunities throughout the City. (E-4, E-5) 2. Small Business Development: Support small business development programs through program, infrastructure development, and capital funding. (E-6) 3. Small/Micro Business Assistance: Support business education initiatives, and business support services (including assistance in developing business plans, securing funding, conducting marketing, etc.)to new and expanding businesses. (E-4). 4. Job-Training and Preparation Services: Support job training, preparation, retraining, incumbent training, and employment search services for low-income persons. (E-3) � 5. Local Hiring and Disadvantaged Business Policy: Where required, the 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 City will encourage these practices when not required (E-2). 6. Rehab buildings in Blight Zone for Commercial use:.Acquiring, constructing, reconstructing, rehabilitation or installing commercial or industrial buildings for the purpose of creating employment opportunities for low/moderate income. (E-3, E-4, E-5) 7. Supporting Commercial development in the target area: Providing financing to business to build/expand their facility, building ancillary facilities, developing public infrastructure that assists the business (such as adjacent streets, sidewalks, streetlights, etc.). (E-3, E-4, E-5) HUD Program Goal: Abatement of Blight Conditions-Which Includes: • Rehabilitation of substandard housing located in the designated blighted area; • Infrastructure improvements in deteriorated area; • Economic development assistance in form of a low-interest loan as inducement to locate a branch store in redeveloping blighted area; • Acquisition and demolition of a dilapidated property; • Preservation of a deteriorated building of historic significance; • Financial assistance to a business to demolish a decayed structure and construct a new building on the site; • Improvement of buildings to building codes; • Code enforcement activities. Community Objectives- Blight Abatement SB-1 Decrease the number of vacant and abandoned buildings SB-2lncrease the number of economic and housing opportunities in fhe Downtown core SB-3 Expand economic opportunities for low and moderate income residents and reduce the number of persons with incomes below the poverty level SB-4 Remove the conditions of blight or physical decay Community Strategies- Blight Abatement 1. Rehab vacant, dilapidated buildings: Acquiring, constructing, reconstructing or installing commercial buildings for purpose of creating housing or employment opportunities for low/moderate income. (SB-1, SB-2, SB-3, SB-4) 2. Infrastructure upgrades to encourage revitalization: Improve infrastructure in deteriorated area to encourage revitalization and redevelopment in the downtown core. (SB-4) � 3. Rehab buildings to bring up to current code: Improve the safety of older buildings with code deficiencies. (SB-4) 4. Acquisition of Real Property: Real property may be acquired for rehabilitation and used or sold for residential purposes. Real property may also be acquired for any public purpose. Private non-profit entities may also use CDBG funds to acquire real property for commercial use, and private for-profit entities may also do so when appropriate for an economic development project. When acquired property is in blight area funds can be used to acquire the building for rehabilitation or demolition. (SB-1, SB-2, SB-4) 5. Creation of Housing-New housing would qualify if the new housing is located with a designated blighted area and development of new housing addresses one of the conditions which contributed to the deterioration of the area. (SB-2) Appendix C CDBG Eligibility Requirements & Program Rules CDBG NATIONAL OBJECTIVES AND ELIGIBILITY REQUIREMENTS Every CDBG activity must meet a national objective and must be eligible in order to be funded, and each CDBG subrecipient agency must be able to demonstrate eligibility based on data collected. 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 will need to gather from the population you serve to provide to the City Block Grant office. Specific regulations that govern the CDBG program are available the Block Grant office. What are the National Obiectives? (Benefit Criteria) An eligible CDBG activity must either I. Principally benefit low and very low income A. Area Benefit— a. Activity which is available to benefit all the residents of an area which is primarily residential. b. At least 51% of beneficiaries are low or very low income persons/households. c. Subgrantees will be responsible for defining the service area and City staff will check to ensure that it meets the LMI criteria. 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 a. Must be located in a predominantly Low/Moderate (L/M) income neighborhood and serve the L/M income residents; or b. Involve facilities designed for use predominantly by L/M income persons; or c. Involve the employment of persons, the majority of whom are L/M income persons. d. To meet the UM income jobs standard 51% or more of the retained jobs must be either: i. Known to be held by L/M income persons at the time CDBG assistance is provided, and/or ii. For jobs not known to be held by L/M income persons, reasonably expected to "turn over" to L/M income persons within finro years. (This would involve the grantee or business taking actions to ensure that such a job, upon turnover, will be either taken by or made available to a L/M income person in a manner similar to that pertaining to a newly created job e. In order to consider jobs retained as a result of CDBG assistance, there must be clear and objective evidence that permanent jobs will be lost without CDBG assistance. For these purposes "clear and objective" evidence that jobs will be lost would include: i. Evidence that the business has issued a notice to affected employees or made a public announcement to that effect, or ii. Analysis of relevant financial records which clearly and convincingly shows that the business is likely to have to cut back employment in the near future without the planned intervention. f. Principles involved in providing "first consideration": i. The business must use a hiring practice that under usual circumstances would result in over 51% of L/M income persons interviewed for applicable jobs being hired, ii. The business must seriously consider a sufficient number of L/M income job applicants to give reasonable opportunity to fill the position with such a person, and iii. The distance from residence and availability of transportation to the job site must be reasonable before a particular L/M income person may be considered a serious applicant for the job. In counting the jobs to be used in the calculation for determining the percentage that benefit L/M income persons, the following policies apply: 1. Part time jobs must be converted to full time equivalents (FTE) (e.g. a job that will require only working half time would count as only one-half a job); 2. Only permanent jobs count; temporary jobs may not be included; 3. Seasonal jobs are considered to be permanent for this purpose only if the season is long enough for the job to be considered as the employee's principal occupation; 4. All permanent jobs created or retained by the activity must be counted even if the activity has multiple sources of funds; and 5. Jobs indirectly created or retained by an assisted activity (i.e., "spin off' jobs) may not be counted. Some examples of activities that qualifity when at least 51% of jobs created/retained will be for LMI persons include: • Clearance activities on a site slated for new business; • Rehabilitation activity that will correct code violations and enable a business to survive and retain jobs; • Assistance to a small business with a limited number of employees that agrees to hire three additional LMI employees. The following requirements must be met for jobs to be considered created or retained: • If jurisdictions fund activities that create jobs, there must be documentation indicating that at least 51% of the jobs will be held by, or made available to LMI persons; and • For funding activities that retain jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51% of the jobs: o The job is held by a LMI person; or o The job can reasonably be expected to turn over within the following two years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. NEIGHBORHOOD REVITALIZATION STRATEGY AREA The City of Bremerton has an approved Neighborhood Revitalization Strategy Area (NRSA) which matches the CDBG target area. This NRSA allows for increased flexibility in undertaking economic development and housing activities with CDBG funds. Areas of enhanced regulatory flexibility include: -Job creation or retention effort focused in the NRSA may be classified as meeting the LMI area benefit national objective requirements. • Businesses that receive such assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. • This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community's job creation/retention programs. - Aggregation of housing units for which CDBG funds are obligated during each program year and treat them as a single structure. 0 51% of total number of units must be occupied by LMI households. o This permits grantees greater flexibility in applying the LMI housing national objective criteria for the housing category. - Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards thereby reducing recordkeeping requirements. - This affords greater flexibility in selecting and implementing economic development activities, and reduces the amount and scope of information that grantees must collect and document regarding its programs. II. Reduce or Eliminate Blight The City of Bremerton's blight area has been designated by the City. A map will be attached to Appendix G of this document. Activities to be assisted with CDBG funds must be limited to those that address one or more of the conditions which contributed to the deterioration of the area. (Note that this does not limit the activities to those that address the blight or decay itself, but it allows an activity to qualify if it can be shown to address a condition that is deemed to have contributed to the decline of the area.) II. REDUCE OR ELINIINATE BLIGHT An activity may meet the national objective of reducing or eliminating blight, instead of benefiting low and very low income people. Currently, there is one designated blight area in 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 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 blight on a spot basis (for example, outside of a locally designated 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. Examples of Activities: Rehabilitation of residential structures: Where the assisted activity is rehabiliration of residential structures, finro additional criteria must be met: 1. Each such building must be considered under local definition (At a minimum, the local definition must be at least as stringent as the housing quality standards used in the Section 8 Housing Assistance Payment Program — Existing Housing.) and; 2. All deficiencies making the building substandard must be corrected before less critical work on the building may be undertaken. Nofe: These two criteria do not apply to nonresidential rehabilitation (rehabilitation of commercial or indusfrial buildings). Other activities may include: • Acquisition and clearance of blighted properties, • Commercial revitalization through farade improvements, • Commercial rehab to correct code deficiencies, III. Meet an Urgent Need A. Urgent Need would be a natural disaster or federally declared disaster. NOTE: The vast majority of CDBG activities funded are designed to benefit low and very low income persons and households. Flow Does A Proiect Meet a National Obiective? 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 area median 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 BremertonlKitsap 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 This criteria allows a project located in principally residential area to meet a National Objective by demonstrating that, based on the demographics of a project's defined service area, at least 51% of the residents are low or very low income. Certain activities are a natural fit for area benefit, as they serve a geographic area, such as parks, neighborhood facilities, community centers and streets/sidewalks. Please contact the City Block Grant office for maps and more information on documenting your service area and determining eligibility under Area Benefit. Applicants must: 0 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; 0 Indicate on the map residential and commercial areas within the service area boundary; and 0 Provide documentation that 51%(City) 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 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. Presuoned 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: 0 Demonstrate that the facility or service is designed for and used predominantly by one of the groups identified above. 0 Demonstrate that your clientele meets HUD's definition for the presumed group you serve, for example, homeless individuals must meet HUD's definition and documentation requirements at https://www.onecpd.info/resources/documents/HomelessDefinition Re cordkeepinqRequirementsandCriteria.pdf 2. Reauire documentation on familv size and income in order to show that at least 51 percent of the clientele are low income —This means your program can serve low and moderate income clientele if at least 51% of your clientele are low 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 2015 (if this is an existing service); 0 State what percent of the clients/households served in 2015 were low or very low income (or met criteria that are stricter); 0 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; 0 Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and 0 Agree to maintain documentation of the client's incomes for the CDBG contract period. 3. Income Eliqibilitv Requirements (Direct Benefit) -- This means that the agency uses income screening to limit the benefits of the CDBG funded activity to o� those persons who are low and very low income. For example, a housing counseling program would screen potential clients and use the CDBG funds to pay for the counseling only of those who are income eligible. Applicants must: C� Screen clients by family size and income; 0 Provide a copy of the income qualification criteria that were used to screen clients to determine low and very low income status; 0 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 exclusive{y to low and very low income persons/households. 4. Nature/Location of Activitv Allows Conclusion of Primarilv Low and Verv 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, free childcare in an assisted housing project. Applicants must: 0 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 microenterprise (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 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: 0 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 providin or improving permanent residential structures which are 9 e households. It does not include rou or will be occupied by low and very low incom g p homes or shelters for the homeless, which are considered limited clientele activities. Applicants must: 0 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. 0 Maintain records on the total cost of the activity, including both CDBG and non-CDBG funds. 0 Screen households for family size and income eligibility. 0 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. E. Special Economic Development Activities An economic development project in the CDBG program may be supported by a range of CDBG-funded activities, including both special economic development activities and other categories of basic eligibility, each of which must beet a national objective of the CDBG program. Eligible Activities: • Commercial or industrial improvements carried out by the grantee or a nonprofit subrecipient, including: o Acquisition, o Construction, o Rehabilitation, o Reconstruction, or o Installation of commercial or industrial buildings or structures and other related real property equipment and improvements. • Assistance to private for-profit entities for an activity determined by the grantee to be appropriate to carry out an economic development project. This assistance may include, but is not limited to: o Grants, o Loans, o Loan Guarantees; o Interest supplements; o Technical assistance; or o Any other form except for those described as ineligible. • Special Economic Development activities do not include: o Public facilities and improvements carried out to support or benefit a private for-profit business (These activities may, however, be eligible under the category of Public Facilities and Improvements). o New Housing Construction. This activity may be eligible under either of the categories of Construction of Housing or Special Activities by CBDO's. When a project to be assisted includes new construction of housing as part of a commercial structure (e.g. a "mixed use" project), those costs clearly attributable to the commercial portion of the project may be eligible as a special economic development activity. • For example a project would qualify as a special economic development activity under a L/M Income Area Benefit if the assistance to a business which provides goods or services to residents of a L/M residential area. An example of a project would be: Assistance to neighborhood businesses such as grocery stores or laundromats serving a predominantly L/M neighborhood. Note: HUD requires that activities which could be carried out under the category of Special Economic Development must meet the standards of public benefit set forth in 570.209(b). CDBG FUNDING - SPECIFIC REQUIREMENTS 1. Reversion of Assets/ Change-of-Use of CDBG Assisted Property All recipients must agree to restrict the use of the property, which was acquired and/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 housing $15,000-$40,000 10 Years (including homeownership Greater than$40,000 15 Years assistance) New Construction or Acquisition of land for new Any$amount 20 Years construction * Dollar threshold is per facility, or if housing, per unit for single family housing Reversion of assets provisions require agency to transfer to the City any CDBG funds on hand at the time of expiration of the subrecipient agreement, any accounts receivable attributable to the use of CDBG funds, and any non- expendable personal property that was purchased with CDBG funds 2. Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that CDBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDBG funds. 3. Guidelines for Economic Development Projects (24 CFR 570.209) City will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. 4. 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. Appendix D Anti-Displacement & Relocation Assistance Plan Anti-Displacement and Relocation Assistance Plan Introduction • Applicants.for federaf funds must comply with the Uniform Relocation Assistance and Relocation Assistance and real Property Acquisition Policies Act of 1970, referred to as URA. URA regulations, at 49CFR 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 Propertv 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. a. Occupants to be displaced must be informed of their eligibility for relocation assistance and the nature of the assistance. b. 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 r 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. y 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. y 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. Plannina for Relocation Under URA A. Minimizinq Displacement: It is the policy of the 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 9 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 CFG, Part 24). . e. Assure that those persons who are required to relocate receive their full replacement housing payments, moving, and related expenses. C. Riahts of Residents who Remain in the Proiect a. Remaining Households must be offered affordable housing. i. 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 i. Residents who will remain in the project after rehabilitation may be required to move temporarily during rehabilitation. ii. The temporary dwelling must be suitable and decent, safe and sanitary but not necessarily comparable. iii. 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 i. Tenants may be allowed to remain in a project after rehabilitation, but not necessarily in the same unit. ii. Permanent moves within the same project must be to suitable, decent, safe and sanitary-but not necessarily comparable-units. iii. 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(dl-Replacement of Housinq 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 wili be provided within one year prior to or three years after commencement of the demolition or conversion. Before entering into a contract committing the City to provide funds for an activity that will directly result in demolition or conversion, The City of Bremerton will require the applicant to publish a notice in the newspaper, and the City of Bremerton 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, City of Bremerton 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 dwellinQ 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 Dwellina Unit: A dwelling unit with a market rent (including utility costs) that does not exceed the applicable Fair Market Rent (FMR) for Sectio n8 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 dwellinq unit: A vacant dwelling unit that is in standard condition; vacant dwelling unit that is in 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 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: y Provide decent and affordable housing to lower-income households, r Expand the capacity of nonprofit housing services, � Strengthen the ability of local governments to provide housing, and ;� Leverage private-sector participation. What are EliQible 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 Eliqible 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: o Architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; o Costs to process and settle financing for a project, such as private lender origination fees, credit reports, fees for title evidence, fees o 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; o Costs of a project audit; o Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants; o 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 Communitv Development Housina Orqanization (CHDO)? 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. Proaram 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: 1. HOME Project Completion o Recipients of HOME funds will have 4 years from the commitment date (contract date) to complete projects. Project completion means that all construction work and title transfer (if applicable) is completed and the final draw of HOME funds has been disbursed. Rental Housing: Within six months from the date of project completion, if a HOME assisted rental unit remains unoccupied, the Block Grant office will provide to HUD information about current marketing efforts, and if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as possible. Within 18 months from the date of project completion, if efforts to market the unit are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds invested in the unit. o Homeownership Housing: HOME assisted homeownership housing must have a ratified sales contract with an eligible homebuyer within 9 months of the completion of construction or rehabilitation, or it must be converted to rental housing. If converted, this rental housing must comply with all provisions of 24 CFR 92.252. If an unsold homebuyer unit is not converted to rental housing, the HOME funds must be repaid. 2. 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. Minimum Activity Dollar Threshold** Affordability Period Less than 5 Years Homebuyer activity for $15,000/unit 10 Years acquisition, rehabilitation $15,000 - 15 Years � and new construction of $40,000/unit homes Greater than $40,000/unit Less than 5 Years Rehabilitation or $15,000/unit 10 Years Acquisition of existing $15,000 - 15 Years rental housing $40,000/unit Greater than $40,000/unit Refinance of a rental Any $ amount 15 Years housing Rehabilitation project New Construction Any $ amount 20 Years (including land acquisition) or Acquisition of new rental housing. ** Dollar threshold is per unit for single family housing 3. HOME Resale/Recapture Provisions For HOME, the Participating Jurisdiction (County or City)will designate in the subrecipient contract whether Resate 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. 4. HOME Assisted Rental Housing The HOME Program requires that all households who occupy HOME units be low income. Property owners and operators must develop policies and procedures which address: y Admission & Tenant Selection (including an Affirmative Marketing Plan) � Lease Provisions & Occupancy At initial occupancy and during the period of affordability Block Grant staff will monitor the project for compliance with HOME requirements. The monitoring will include inspections of HOME assisted units and the property overall, review of policies and procedures, project financial information and tenant files. 5. CHDO Certification A Community Housing Development Organization (CHDO) must meet certain statutory requirements under the HOME program to be designated as a CHDO. CHDO activities must involve acquisition, construction or rehabilitation, and sale (homebuyer or rental) of housing to eligible households. To be a CHDO, an organization must have "demonstrated capacity for carrying out activities assisted with HOME funds." There are two ways to meet this requirement: • Hire experienced key staff members who have successfully completed similar projects; or • Hire a consultant with the same type of experience and a plan to train appropriate key staff members of the organization. Kitsap County/ City of Bremerton Block Grant Programs are required to certify that an organization qualifies as a Community Housing Development Organization (CHDO) each time it commits CHDO set-aside funds to the organization. CHDO certification will be required before a commitment of set- aside funds is made. 6. Underwriting, Subsidy Layering Review& Developer Capacity Analysis Kitsap County and the City of Bremerton, using guidelines it has established, will document that when HOME funds are used in combination with other government assistance in a project, no more subsidy is invested than necessary. Staff will also conduct a review of developer capacity and project fiscal soundness. A Conditional Commitment of funds will be made until all other project funding has been secured and documented. 7. Leveraging The City of Bremerton requires leveraging of HOME funds for homeownership housing projects. For every $1 of HOME funds committed, the project sponsor must show leveraged funding of$2 from other sources. 8. HOME Match The HOME program requires a match of 25% for every HOME dollar spent. Block Grant staff is responsible for ensuring that the HOME Consortium is meeting this requirement. Staff will work with agencies to identify sources and levels of HOME match required on a project basis. The match requirement may be met in several ways: • Non-Federal Cash or Cash Equivalent — acceptable sources of cash match include o Local or state general revenues o Housing Trust Funds o Foundations, donations o State appropriations o HFA reserves that are not federal funds (e.g. bond proceeds) o The interest rate subsidy achieved by the exemption of state or local taxes o 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. 9. Market Assessment Requirement All Homebuyer and Rental housing development projects (includes acquisition, rehabilitation, new construction, down payment assistance) awarded HOME funds will be required to have a Market Assessment. It must be completed by the applicant (or consultant hired by the applicant) and submitted at the time of application for funding or before the commitment of funds. Block Grant Program staff will review the Market Assessment to determine: • If a need for the type and number of housing units has been convincingly demonstrated; • If the developer/program will be able to sell the planned homebuyer units prior to the six-month deadline; • If the developer/program will be able to lease-up the planned rental units as expected, e.g. within the timeframe specified in the project pro-forma; • If the development will adversely impact existing affordable housing developments. 10.Site and Neighborhood Standards HOME funded rental projects that are newly constructed are subject to a site and neighborhood standards [24 CFR 92.202(b)] review by the Block Grant Program to determine that: 1. Site is adequate for proposed purpose 2. Project and location furthers compliance with fair housing laws 3. Site is not in an area of minority concentration — if the site is in an area of minority concentration, the Block Grant Program will determine that one or more of the following is true: a. The project will not increase significantly the proportion of minorities b. Sufficient comparable housing opportunities exist outside the area for minorities based on analysis of HUD-assisted housing c. Proposed project is necessary to meet overriding housing need that cannot otherwise be met d. Proposed project is integral to a neighborhood preservation strategy or integral to revitalization area strategy. 4. Project promotes greater choice of housing opportunities and avoids undue concentration of assisted persons 5. Proposed site is not seriously detrimental to family life 6. Proposed site is comparably accessible to broad range of services and facilities 7. Travel and access to jobs from proposed site is not excessive. Lonct Term Affordabilitv 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. Deed restrictions must be recorded on the property to ensure the affordability Homebuyer activities will use either Resale or Recapture (24 CFR 92.294(a)(5) for maintaining affordability for each HOME assisted property. Kitsap County and City of Bremerton will designate in the subrecipient agreement (contract) the method to be � used. Rental housing activities will carry rent and occupancy restrictions during the period of affordability. Affordability restrictions remain in force regardless of transfer of ownership. Homebuyer Projects Homeownership housing projects assisted with HOME must meet the affordability described below, as per 92.254(a)(4). The affordability period begins after project completion, and is based on the amount of HOME investment per unit: iHOME assistance per unit Period of Affordability l Under$15,000 5 years Between $15,000 to $40,000 10 years Over $40,000 15 years If a program or project does not meet its affordability requirements through change in ownership, change in use, or other failure to adhere to contractual obligations, Resale or Recapture provisions are triggered in order to continue the HOME investment to its intended recipient. Either Resale or Recapture is set forth in each project/program's contract. Resa/e for Homebu er Pro'ects All HOME assisted homebuyers subject to Resale provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required of the original and any subsequent buyer of the subject property during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining resale requirements. 2. Subject property must be homebuyer's principal residence at all times during the Period of Affordability. 3. Property is sold to an income qualified homebuyer with an income within the range of 51% and 80% of Area Median Income. The property must be sold at a price that is "affordable to a reasonable range of low-income buyers." The sales price shall be set such that the amount of Principal, Interest, Taxes and Insurance does not exceed 30% of the new buyer's annual income. The Kitsap County Block Grant Program must approve the resale price. 4. The owner shall receive a fair return on their investment. Fair Return on Investment means the total homeowner investment which includes the total cash contribution (excluding standard maintenance) plus the approved capital improvements as described below: a. The cost of any capital improvements, documented with receipts provided by the homeowner, including but not limited to: i. Any additions to the home such as a bedroom, bathroom, or garage; ii. Replacement of heating, ventilation, and air conditioning systems; iii. Accessibility improvements such as bathroom modifications for disabled or elderly, installation of wheel chair ramps and grab bars, any and all of which must have been paid for directly by the Owner and which were not installed through a federal, state, or locally-funded grant program; and iv. Outdoor improvements such as a new driveway, walkway, retaining wall, or fence. b. All capital improvements will be visually inspected t verify their existence. 5. The Housing Price Index (HPI) of the Federal Housing Finance Agency will be used as the index to determine fair return on investment. The percentage of change as calculated by the HPI projects what a house purchased at a point in time would be worth today if it appreciated (or depreciated) at the average rate for all homes in the areas. The calculation shall be performed for the Bremerton-Silverdale Metropolitan Statistical Area (MSA). 6. Calculating Fair Return on Investment: Calculating the Fair Return to the original homeowner would be as follows: Step 1: Owner cash contribution at closing + capital improvements x HPI% change= fair return on initial & capital investments Step 2: The results are then added to the owner's cash contribution + capital improvements to get the total return to the original homebuyer at sale. Recapture for Homebuver Proiects All HOME assisted homebuyers subject to Recapture provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining recapture requirements. 2. The PJ will record a lien on the property securing the asset until expiration of the Period of Affordability. 3. The homebuyer may sell the home at any time during the Period of Affordability, to any willing buyer, and at the price the market will bear. 4. In the event of voluntary or involuntary sale during the Period of Affordability, the PJ will recapture the HOME investment as follows: a. The owner shall receive a fair return on their investment: portion of HOME funds recaptured will be based on shared net proceeds (down payment and any capital improvements, excluding standard maintenance, since purchase). Net Proceeds = [Sale Price] —[Non-HOME Debt] —[Closing Costs] b. A third party appraisal will determine fair market value. HOME Housing Homeownership Requirements The HOME program requires that for all HOME assisted homeownership projects: 1. All of the HOME funds will benefit families whose incomes are at or below 80% of the area median income. 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 percent of the median area purchase price. The 2013 HOME Final Rule 24 CFR 92.254(a)(2)(iii) is amended to eliminate the use of the 203(b) limit and to change the methods for determining 95% of area median purchase price. HUD will determine and issue limits that represent 95% of the area median purchase price separately for newly , constructed and existing single family housing units. Kitsap County Block Grant Program will use the HUD-issued limits. 4. All homebuyers that receive HOME assistance or purchase a unit developed with HOME funds must receive housing counseling. The Block Grant staff will review the housing counseling policies of subrecipients and owner/sponsor developers of homeowner housing to determine compliance with this requirement. 5. A subsequent low-income purchaser of a HOME-assisted homeownership unit may assume the existing HOME loan and recapture obligation entered into by the original buyer when no additional HOME assistance is provided to the subsequent homebuyer. 6. Subrecipients administrating homebuyer assistance programs must have and follow written policies for: a. Underwriting: Underwriting standards for homeownership assistance must address housing debt, overall household debt, the appropriateness of the amount of assistance, recurring household expenses, assets available to acquire the housing, monthly expenses of the household and financial resources available to the household to sustain homeownership. b. Predatory lending: (HUD will issue guidance on preventing predatory lending) c. Refinancing: The refinancing policy must address refinancing loans to which HOME loans are subordinated to ensure that the terms of the new loan are reasonable. Rental Housing Projects Rental housing projects which include HOME assisted units must meet the affordability described below. As per 92.252(e), the affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. Rental Housing Activity Period of Affordability Rehabilitation or acquisition of ,5 years existing housing per unit amount of HOME funds: Under $15,000 Between $15,000 to $40,000 10 years Over $40,000 or rehabilitation 15 years involving refinancing New Construction or acquisition of 20 years newly constructed housing At least 20% of HOME assisted rental units must be occupied by families who have annual incomes that are 50% or less of AMI. Properties with 5 units or less are exempt from this rule. Additionally the Block Grant Program must ensure that 90% of the total households served under all County/City funded HOME rental programs have incomes that do not exceed 60% of the AMI. The remaining households must not exceed 80% of AMI. Minoritv 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 Fair Housin Marketin Plan All Home-funded programs, including downpayment assistance programs, must follow an affirmative marketing plan. The specific affirmative marketing procedures to be used will depend on the type and size of the program or project. The Kitsap County-City of Bremerton HOME Consortium has an Affirmative Fair Housing Marketing Plan that clearly state what actions owners/managers must take to provide information to, and otherwise attract, eligible persons in the housing market who are unlikely to apply without special outreach. The extent of the affirmative marketing activities typically varies depending on the size of the property. Kitsap County-City of Bremerton HOME Consortium staff will evaluate the success of the affirmative marketing actions every year for each project. Owners and managers are required to retain certain records so staff can evaluate its results. Affirmative Marketing will be reviewed during annual on-site monitoring. . 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. Property and Construction Issues A. Compliance with Codes and Standards For all projects, the Block Grant office is primarily responsible for ensuring compliance with Federal requirements and meeting both project and program goals. This is the case no matter what cost is funded under the HOME Program. 1. Acquisition of existing housing (no rehab. or construction)24 CFR 92.251(c) Housing acquired with HOME funds must be inspected for health and safety at the time of title transfer. Block Grant staff will conduct an inspection using established standards. Any deficiencies will be noted and a date for correction and re-inspection will be communicated to the owner. HOME funds will not be disbursed for the acquisition until the project passes the inspection. 2. Rehabilitation of housing 24 CFR 92.251(b) For any HOME-funded rehabilitation work, the housing must meet the Kitsap County/City of Bremerton Housing Rehabilitation Standards and County or applicable City Building Code. The Rehabilitation Standards address the following: • Health 8� Safety—the rehab. standards specify the life threatening deficiencies that must be addressed immediately if a housing unit is occupied. • Remaining Useful life of major Systems—An estimate of the remaining useful life of major system must be completed. Major systems include structural support, roofing, exterior cladding, weatherproofing (e.g., windows, doors, siding, gutters), plumbing electrical and heating, ventilation and air conditioning. o Major systems for rental housing - This must be done with a capital needs assessment for projects with 26 or more units. If the remaining useful life is less than the affordability period, the Block Grant Program will require replacement reserve deposits to ensure that the project's major systems and physical needs can be adequately maintained and addressed throughout the affordability period. o Major systems for homeownership housing — upon project completion, major systems must have a useful life of at least five years. • Lead based paint requirements, in accordance with 24 CFR Part 35. • Accessibility requirements, as applicable, in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act. • Disaster mitigation standards, in accordance with State and local requirements . • Rehabilitation work must comply with local codes, ordinances, and zoning requirements. • Uniform Physical Conditions Standards (UPCS 3. New construction of housing 24 CFR 92.251(a) All new housing projects constructed with HOME funds must have project specific material and methods or "construction specifications" for the project. The specifications and design plans will be reviewed by Block Grant staff to ensure that the amenities and aesthetic features of the project are in keeping with modest housing of similar type in the community. Projects will be required to obtain the necessary development permits from the jurisdiction where the project is located and copies of the signed-off permit & certificate of occupancy will be required for final reimbursement of funds. All new construction work must meet the International Code Council's International Residential Code or International Building Code, whichever is applicable, and disaster mitigation standards in accordance with State and local requirements. In addition projects must meet the applicable accessibility requirements in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act. Block grant staff will review and approve written cost estimates, construction contracts and construction documents. In addition, staff will conduct construction progress and final inspections to ensure that work is done in accordance with the applicable codes, the construction contract, and construction documents. 4. Newly Constructed or Recently Rehabilitated Housing 24 CFR 92.251(c)(1) Housing that has been newly constructed or rehabilitated within one year of the date of commitment of HOME funds must meet the applicable property standards [92.251(a)] for new construction and [92.251(b)] for rehabilitation. The Block Grant office will document compliance based on a review of approved building plans and certificates of occupancy and a property inspection that is conducted no earlier than 90 days before the commitment of HOME funds. 5. All Other Existing Housing — Rental For all other housing (housing not recently rehabilitated or newly constructed) that will be acquired (without rehabilitation)for rental housing, the property must meet the applicable standard for rehabilitation at 92.251(b). The Block Grant office will document compliance based upon a current inspection that is conducted no earlier than 90 days before the date of commitment of HOME assistance. If the property does not meet these standards, it cannot be acquired with HOME funds unless it is rehabilitated to meet this standard. 6. All Other Existing Housing — Homeownership (Downpayment) Assistance Block Grant staff will utilize Housing Quality Standards to ensure that existing housing acquired for homeownership is decent, safe, sanitary, and in good repair. Once HUD issues guidance on replacing HQS with the UPCS, staff will use the UPCS to perform inspections. 7. Manufactured Housing Property Standards [24 CFR 92.251(e)] Newly constructed manufactured housing and housing that replaces an existing substandard unit must be on a permanent foundation. For all rehabilitated manufactured housing, the foundation and anchoring must meet all applicable State and local codes and other requirements. All new construction of manufactured housing must meet the Manufactured Home Construction and Safety Standards codified at 24 CFR part 3280. All new manufactured housing must, at the time of project completion, be connected to permanent utility hook-ups and be located on land that is owned (or leased for a period at least as long as the affordability period) by the manufactured housing unit owner. Existing manufactured housing that is rehabilitated with HOME funds must meet the property standards applicable to rehabilitation, as outlined in 92.251(b). 8. On-going Property Standards for Rental Projects [24 CFR 92.251(f)] Properties must be maintained to meet all applicable State and local codes. Housing will be inspected using UCPS as the standard (replaces HQS). Housing must be free of all health and safety defects and any life- threatening deficiencies identified during inspection must be corrected immediately. Housing must also meet the lead-based paint requirements in 24 CFR part 35. B. Lead Based Paint All housing funded with HOME and/or CDBG constructed before 1978 must comply with lead-based paint regulations at 24 CFR Part 35. The purpose of the regulation is to identify and address lead-based paint hazards before children are exposed to lead. Appendix F Glossary GLOSSARY Administrative Expenses. Those expenses directly associated with the recipient's general administration of the CDBG or HOME programs, such as salaries, supplies, equipment, accounting, phones, audits, benefits, travel and indirect costs. Affordabilitv. 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 Counry'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 City of Bremerton HOME funds. 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(CAPERI: 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 CFR Part 91). Consultant Fees. Fees paid to a third party developer consultant for costs associated with implementation of a project. Entitlement Communitv. 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. Household: all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. Housinu. Housing includes permanent housing units for sale or rent including; manufactured housing, permanent housing for disabled homeless persons, transitional housing, single-room occupancy housing, and group homes. Housing does not include emergency shelters or facilities such as nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional facilities, halfway houses, housing for students or dormitories. Interlocal Aqreement. 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°/a 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 Neiahborhood (LMA1: 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 Familv 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. Operatinq Support. Financial assistance used to supplement the day-to-day operations of a project. Participatinq Jurisdiction. This term refers to cities, counties and consortia which receive an allocation of federal HOME funds directly from HUD. Persons with Disabilities. This term means a household composed of one or more persons, at least one of whom is an adult, who has a disability. A person is considered to have a disability if the person has a physical, mental, emotional or developmental impairment that is expected to be of long-continued and indefinite duration and substantially impedes his or her ability to live independently. Proqram 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. Proiect Manaqement. Costs directly related to managing the project to the point of completion normally paid to a third party. Proiect Rev'rew Committee. This committee, made up of City of Bremerton staff, a member of the City of Bremerton City Council, and three citizen's at large, evaluate, rank, and make funding recommendations to the Bremerton City Council for use of CDBG funds. 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. Prouosed 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. Sinqle familv housinq: one to four-family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. Sinqle room occupancv(SRO) housinq: housing (consisting of single- room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). Special Needs Housinq. 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,jail, mental hospital, foster care). Transitional housinq: housing that is designed to provide housing and appropriate supportive services to person, including (but not limited to) deinstitutionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children. It has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set. Uniform Phvsical Condition Standards (UPCSI: uniform national standards established by HUD pursuant to 24 CFR 5.703 for housing that is decent, safe, sanitary, and in good repair. 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' • ^,--^-'.• ` �� ':'R� . . .. � ' . _ � \ Cy . / a, ,,,,i): � i . , � �-�,`�� . � . \ - � WASHINGipryeEACH ' � , . . . � ----' "- \ I . _ , WASHINOTON � ' �,� � ,_...... . � . .•. ��'�-�..� � ''- � � ....�.� � ��_...,...._. � 7 ,� , , , D ,. , _._ - , , ,.--------__- - ' ' - � i � � ��------ � I�' City of �remerton 2Q17 Comrnunity Devetopr�ent Block Grant otice of Funding Availability Corv�munity Development Block Grant Program This Page Intentiona//y B/ank GENEitAL INFORMATION 2017 Funding Allocation Schedule 2 About the Funding 2 Eligible Activities 3 Eligible Applicants 3 Funding Priorities 6 Funds Available 9 2017 Proposed Distribution 10 Where to Submit Applications � 9 Assistance with the Application 9 Application Review and Rating Process 9 Project Review Committee (PRC) 10 HUD Income Limits . 11 If Your Agency is Awarded Funds � 12 This Page Intentiona//y B/ank :-----...... ... � 'i City of �rernerton ! �j �! �� Staff Con�acts Citv of Bremerton CDBG/HOME http://www.ci.bremerton.wa.us/display.php?id=864 Mailing Address: City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Staff Contacts: Sarah Achaoui, Program Administrator, City of Bremerton (360) 473-5375 sarah.achaouiCa�ci.bremerton.wa.us 2017 Community Development Block Grant Notice of Funding Availability 1 2017 Fundirog Allocation Schedule 2017 City of Bremerton CDBG Cycle Calendar Wednesday 7/13/2016 Study Session 2017 Draft Policy Plan and Notice of Funding Availability(NOFA)available.Announcement in the Kitsap Sun legal ads and on website. 7/20/2016 Bremerton City Counul-Release of Dreft Policy Plan and 2017 Notite of Funding Availability(30 Day Public Comment Period on Draft Policy Plan Begins�. Wednesday Wednesday 8/17/2016 PRC members appointed at City Counal meetmg-NDGC City Counal Chambers,530 PM Wednesday 8/19/2016 Wntten comment penod closes for Policy Plan Bremerton City Counal Study session on adopting 2017 Pohcy Plan.Norm Dicks GovernmeM Center Gty Councd Wednesda 8/24/2016 meetmg room,345 6th Street,6th Floor 5•00 PM Bremerton City Council Public Hearing on adpoting 2017 Wednesday 9/7/2016 Policy Plan and release of 2017 RFP Norm Dicks 6overnment Center,345 6th Street,City Council Chambers 530 PM. Monday 9/8/2016 Technical Assistance Meetmg(MANDATORY) -Mayor's Conference room,NDGC,345 6th Street,6th Floor,10:00 Thursday 9/8/2016 2017 Application goes Iwe-links to application posted to City website 9/8-9/19 Techrocal Assistance avadable-by appointment only 9/12/2016 PRC Onentation 9:00-11:00,Mayors Conference Room Wednesday 9/21/2016 Funding A plications due @ noon Wednesday-Thursday 9/21-9/22 Stage 1-Applications reviewed;Disqualified applications will not move forward Friday 9/23/2016 Eligible applications will be forwarded to the PRC Monday-Tuesday '9/26-9/27/2016 pro�ect Review Committee Interviews NOTE PRC will meet for 1 hour(9-10.00)to discuss each day's applicat�ons.Interviews will be held in the Mayor's Iconference raom Final application review and sconng, PRC Deliberations, Wednesday 28-Sep Time TBD,Mayor's conference room Monday 9/30/2016 Publish Draft Action plan and announce opening 30-day Public Comment period;funding recommendations posted on City website Wednesday 9/30/2016 Email distribution of dreft funding recommendations to Mayor and Bremerton City Counul Bremerton City Counnl Study session on 2017 Action Plan and 2017 CDBG/HOME funding recommendations. Wednesday 10/26/2016 Monday 10/31/2016 Wntten tomment period on Action Plan closes Wednesday 11/2/2016 Bremerton City Counul Public Heanng on 2017 Action plan and Funding Recommendations.NDGC,345 6th Street,City Council Chambers 5 30 PM 11/15/2016 2017 Action Plan Submitted to HUD 1/1/2017 Program Year Begins �but the Ftanding ' The City of Bremerton Community Development Block Grant funding availability is for the 2017 program year beginning January 1, 2017 and culminating on December 31, 2017. A description of the funding is included below. City of Bremerton HOME funds, Homeless Housing Grant Funds, Affordable Housing Grant Program, and Consolidated Homeless Grant Incentive Programs are all through a coordinated application with Kitsap County. 2017 Commumty Development Block Grant Notice of Funding Availability Z Community Development Block Grant The Community Development Block Grant(CDBG) program is a flexible program that provides communities with fund'ing 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,to 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 Eligible Activities Communitv Develooment 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 • Planning activities • 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 eliaible for CDBG funding: • New residential housing construction, except in special circumstances • Regular government operations _ • Buildings such as ciry 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 comp�ehensive. For a complete list of CDBG eligible or ineligible activities refer to COBG regulations in 24 CFR 570.201 and 570.207 EI�g6bie Applic�nts Communitv Develooment Block Grant 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 2017 Community Development Block Grant Notice of Funding Avadability 3 • Private profit organizations may implement certain activities. • Faith based organizations Additionally applicants must: • Demonstrate an active governing body or board of directors with skilis and experience to provide leadership and direction to the agency. • Demonstrate the legal, financial, and programmatic ability to administer the proposed project; and, • Meet the City requirements for contracting agencies such as insurance requirements, audit and financial requirements. • Demonstrate timely expenditure of funds and ability to complete the project in an efficient manner. Funding Priorities The CDBG program has specific funding priorities. Some of these priorities are based on legislated mandate adopted by Bremerton City Council and others are derived through community input. CDBG The priorities for CDBG funds are outlined in the 2016-2020 City of Bremerton and Kitsap County Consortium Consolidated Plan. The five priority need areas identified in the Plan are: 1. Revitalize targeted neighborhoods; 2. Improve and preserve affordable homeownership housing; 3. Expand economic opportunities for very-low and low-income Bremerton residents; 4. Abate Slum and Blight conditions downtown; 5. Increase homeownership opportunities for low to moderate income Bremerton residents. 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. The 2016-2020 City of Bremerton and Kitsap County Consortium Consolidated Plan may be viewed at: http://www.ci.bremerton.wa.us/displa rL.php?id=790 More information about funding priorities may also be found in the City of Bremerton CDBG/HOME Policy Plan. Funding Focus Areas. The City of Bremerton will be targeting its funds in the following areas: 2017 Community Development Block Grant Notice of Funding Availability 4 . . : . . . . : i-......�,. . s_.......: 1: . . ; . ..._ �.." � ' ti _,_. , : ,;:. , ,.: , 4 ; ; ,_.__:,........, � _ N ,.,_.....: ,; ;�:.__;��.;_:..�-. . ..,�...;•C---=1 �� `C�mmuni�y Developmenf�;Block�G.cant � . , ..._. . ..:s-=-.:�i: ,� � 2�16 - 2020�C-�nsoFidated�Plan--' --�'_._. 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'-:�:�: ,> � .� . � ., � I �---------..,------------------ , �'LEGEND i -. _. . - � ' ��: i a� � i�Depreciated Value 20L'&Y415 � . � �' ` �:Kitsap Cou�rty Asaessor.peter.waUne Condrtion i. � ��:.__._ I / . ��Vacanl0uildmg I C �:,::i:::: SuAace Parki'g(InMrtnetion Only) i \ A �;ODesignatad 86gMArea ' ' .„ �� ,.. 2017 Community Development Block Grant Notice of Fundmg Availability 6 2017 Fur�ds Adailable CDBG 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 often occurs after the program year has begun.The City of Bremerton estimates 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. The estimated funds below are based on 2016 allocations. The following table shows an overall view of the total estimared amount of funds available in this application cycle by the application type and funding sources. Applicadon Type Amount of Funds Available � Funding Sources ; Blight Abatement i $41,700 ; Bremerton CDBG ' ��--------------------�—� � --- ----- � � Capital $229,350 ' �'emerton CDBG �i ' ------------------._�.-- --�---�---�-----�---._...._..._.............�... . .._.___.._...._..-�--- -- -- ---...-------....._.. � City-wide economic � I development ' $62,550 Bremerton CDBG ; � ._......... - ---- - `- - - -- -- -------- --- -- - - �---------------------- .._..._..----- -- -....--- - � � Total ; $417,000 j � L_-_'_"__._.___'__"'__'_________" __..._...i__-____"'_"-_"____"___.�...,"___'____"__"__"_'__ ___� The tables on the following pages give a more detailed view by funding source; showing the estimated amount of funds available as well as the proposed distribution of those funds. 2017 Community Development Block Grant Notice of Funding Availability � 2017 �roposed Distribution of City of Bremerton CDBG Funds Estimated Funding Available for the 2017 CDBGAIIocation Process Estimate of 2017 Entitlement 417,000 Tentative Program Income Available 0 Total Entitlement +PI 417,000 Reallocated Funds Prior Year 0 Total Available for Allocation 417,000 Estimated Allocation of 2017 CDBG Funds Available for 2017 Planning and Admin (20%of entitlement +PI) 83,400 Available for 2017 Economic Development City-wide(15%of entitlement) 62,550 Available for Capita) Projects 229,350 Available for Blight 41,700' � Subtob/-A vai/ab/e fo�g�ant app/ications 417,000� Total Allocation of funds 417,000 Project Types The information below details three project types along with the estimated amount of funds available based on fund type (using 2016 numbers), eligible activites and priorities. 1. CDBG Economic Development • Estimated funds available- $62,550 • Eligible activities include assistance to microenterprise businesses, and economic development projects as defined under 24 CFR Part 570, Subpart C. • Priority is to increase economic opportunities for low-income individuals. 2. Capital Projects • Estimated funds available - $229,350 • Eligible activites include rehabilitation, fa�ade improvement, development of housing, acquisition, and preservation of housing, rehabilitation and weatherization, and homebuyer assistance. 3. Blight Abatement Projects • Estimatedfunds available- $41,700 • Eligible activites include, fire suppression sprinkler installation, code mitigation upgrades, rehabilitation, infrastructure improvements, commercial upgrades. 2017 Community Development Block Grant Notice of Funding Availability 8 IHow #o Access ar�d Subrn�t Applieation Online Application will be available to download from the City's website beginning Thursday September 8, 2016. You will need a computer with internet capabiliry in order to access the City's website to access the application. Application link will be posted on the City website,and information will be sent to the City's interested parly e-mail list. Application submission deadline is September 21st, 2016 at Noon Where to Submit Applications An application is considered complete if it meets the following criteria: • If a first time applicant, the applicant has attended the mandatorv technical assistance session on August 8, 2016. • Application submitted ONLINE OR IN PERSON • Application submitted ON TIME (September 21st, 2016 at noon) • All required application questions/sections are completed in an adequate manner. Assistance wc�h the Application A Mandatory Technical Assistance Session for first time applicants will be held at on August 8th 10:00 am in the Norm Dicks Government Center Mayor's Conference Room, 6"' Floor. One-on-One Technical Assistance may be scheduled between August 3rd and September lst by contacting the staff listed in the front of this notice. App�scatioo� Review arad Rating Process This is a competitive app/ication proce�s for/imited funding;therefore, app/ications that meet a//criteria are not gua�anteed an award of funds and successfu/app/ications may be funded for/ess than the amount requested App/ications not meeting the requi�emen�s wi//be disqua/iFed f�om consideration fo� funding and wi//not move any fuither through the process W�itten notice wi//be sent to the disqua/iFed App/icant. All applications will go through the following review and rating process. 1. Initial Eligibility Screening a. Application is complete. 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. Orqanizational Financial Review—Accountants from the City will review for Agency financial soundness. b. Or4anizational Capacitv—Staff will review the capacity of the agency to manage grants 2017 Community Development Block Grant Notice of Funding Availability 9 based on previous grant performance, board makeup, organizational structure (including staffing), organizational data, etc. c. Project Priority Review—StafF will review project goals and population served for alignment with the Funding Priorities. 3. Project Review Committee (PRC) -The committee will make funding decisions using the following process: a. Review and evaluate each application using review and scoring guides. b. Conduct interviews with each applicant; review responses using review and scoring guides. • Non-capital interviews (Economic Development ED) will be 20 minutes in length which includes 10 minute agency presentation and 10 minute question/answer. • Capital interview will be 35 minutes in length which includes 15 minute agency presentation and 20 minute question/answer. • Interview length for agencies with multiple submissions of the same type(non- capital, for example), may be shortened. c. Assign a priority ranking and recommended funding level to all projects. d. Staff matches ranking with available and appropriate funding sources. e. PRC finalizes recommendations and sends to the Bremerton City Council. 4. Bremerton City Council — Public hearings to consider the Project Review Committee recommendations will be held before the Bremerton City Council. Council will make the final funding approval. 5. Approved funding recommendations which include Federal funds are send to HUD for approval in the annual Action Plan. Projects awarded funds must be included in the 2017 (Year 2)Action Plan to the 2016-2020 Consolidated Plan and submitted to HUD for approval. The Action Plan cannot be finalized until the City of Bremerton receives federal award amounts from HUD. 6. Final Awards-Funding recommendations were made based on estimated funds. Once the actual amounts are known, project awards will be adjusted based on the contingency set by the PRC and approved by the Bremerton City Council. Project Review Comrrrdttee (PRC) The Project Review Committee reviews and recommends funding for the CDBG Grant Application. PRC members read applications, review agency and financial capacity analyses, conduct applicant interviews, score, rank and develop funding recommendations. Recommendations are then presented to the Bremerton City Council, which make final funding decisions. PRC volunteers are selected based on their knowledge of the community's needs and willingness to donate their time to PRC activies. PRC members must demonstrate the specific skills, qualifications and background needed to evaluate appVications and recommend funding, such as: Affordable housing Grant writing or grant management experience Architechture and planning Homeless programs Compliance monitoring Housing development Practical experience with HUD Mortgage lending Construction project management Non-profit community service provider experience Economic development Project management experience Finance and accounting Real estate 2017 Proiect Review Committee Makeu� There is one project review committee for all CDBG applications. Each committee has 5 members. Two members are City of Bremerton staff volunteers and three members are volunteers from the community. Within the committee members are assigned to review and rate the grant applications submitted. Each application is reviewed by the entire PRC. All PRC members take part in the Applicant interviews. PRC positions are filled by appointment. The Mayor of the City of Bremerton appoints three members to 2017 Community Development Block Grant Notice of Funding Availability 10 the PRC committee. HUD Inco�ne Lirnats 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 March, 2016 is $78,100 for a four- person household. HUD updates income limits annually each December. The 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 March, 2016 NUMBER IN EXTREMELY VERY LOW LOW INCOME HOUSEFIOLD LOW INCOME INCOME(31% (51% -80% (BELOW 30% - 50% MFI*) MFY*) MFI*) 1 $16,450 $27,350 $43,750 2 $18,800 $31,250 $50,000 3 $21,250 $35,150 $56,250 4 $24,300 $39,050 $62,500 5 $28,440 $42,200 $67,500 6 $32,580 $45,300 $72,500 7 $36,730 $48,450 $77,500 8 $40,890 $51,550 $82,500 *MF!=Median Family Income is determined periodically by the Department of Housing and Urban Development(HUD)on the basis of state and local earnings data and is published for cities and counties. These figures represent percentages of MFI for Bremerton— Silverdale Metropolitan Statistical Area(MSA)published by HUD March,2016. 2017 Community Development Block Grant Notice of Funding Availability 11 If Vour Agency is Awarded Funds If your project/program is awarded funding, you will need to understand and follow the regulatory requirements associated with each of the funding sources. Please refer to the following documents for guidance: • Bremerton CDBG/HOME Policy Plan http://www.ci.bremerton.wa.us/198/Federal-Grants---CDBG • Bremerton CDBG/HOME Guidebook http://www.ci.bremerton.wa.us/213/Subrecipient-CDBG-HOME-Guidebook Things you should know: 1. CDBG 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 required to meet with Block Grant staff to discuss Federal regulations. • In addition to the rules and requirements of 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. . nr 2 Co t acting • Your agency will be required to enter into a contract with the jurisdiction providing the funding, the City of Bremerton. • The City of Bremerton manages their CDBG and HOME contracts separately. However, for both jurisdictions, the following applies: o Capital contracts must receive a notice to proceed before costs can be incurred. o Contracts for federal funds operate on a reimbursement basis. • The program year begins January 1, 2017. o NOTE: If you are a recipient of federal funds you may not receive a contract until mid-year, based on when the federal budget is approved and when the City receives a contract from HUD. Depending on your project, your contract term may coincide with the program year start date. 3. Reporting Requirements • guarterl�Reports: It is your responsibility to submit quarterly performance and demographics reports, beginning January 1, 2017. Reports are to be submitted to each funding agency you are under contract with. 2017 Community Development Block Grant Notice of Funding Availability lZ � � � ( . �I City of Bremerton 2017 Cornr�unity Developr�ent Block Grant IVotice of Funding Availab�lity Community Development �lock Grant Program This Page Intentiona//y B/ank , GENERAL INFORINATION 2017 Funding Allocation Schedule 2 About the Funding 3 Eligible Activities 3 Eligible Applicants 4 Funding Priorities 6 Funds Available 9 2017 Proposed Distribution 10 Where to Submit Applications 8 Assistance with the Application $ Application Review and Rating Process $ Project Review Committee (PRC) 9 HUD Income Limits 10 If Your Agency is Awarded Funds 11 Ci of Bret�erton uil � � �j Staff Coeeta�s Citv of Bremerton CDBG/HOME http://www.ci.bremerton.wa.us/display.php?id=864 Mailing Address: City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Staff Contacts: Sarah Achaoui, Program Administrator, City of Bremerton (360) 473-5375 sarah.achaoui@ci.bremerton.wa.us 2017 Community Development Block Grant Notice of Funding Availabiliry 1 2017 Fundd�g Allocation Schedule 2017 City of Bremerton CDBG Cycle Calendar Wednesda 7/13/2016 Study Session 2017 Draft Policy Plan and Notice of Funding Availability(NOFA)available.Announcement in the Kitsa Sun legal ads and on website. 7/20/2016 Bremerton City Council-Release of Draft Policy Plan and 2017 Notice of Funding Availability(30 Day Public Comment Period on Draft Policy Plan Begins). Wednesda Wednesda 8/3/2016 CDBG Info-Session from 4-5:30 Norm Dicks Government CenterLobby Wednesda 8/19/2016 Written comment period closes for Policy Plan Bremerton City Council Study session on adopting 2017 Policy Plan.Norm Dicks Government Center City Council Wednesda 8/24/2016 meeting room,345 6th Street,6th Floor.5:00 PM. Bremerton City Council Public Hearing on adpoting 2017 Wednesda 9/7/2016 Policy Plan and release of 2017 RFP.Norm Dicks Government Center,345 6th Street,City Council Chambers.5:30 PM. Monda 9/8/2016 Technical Assistance Meeting(MANDATORY) -Mayor's i Conference room,NDGC,345 6th Street,6th Floor,10:00 Thursda 9/8/2016 2017 Application goes live-links to application posted to Ci website 9/8-9/19 Technical Assistance available-b a ointment onl 9/12/2016 PRC Orientation 9:00-11:00,Ma ors Conference Room Wednesda 9/21/2016 Funding A lications due @ noon i Wednesda -Thursda 9/21-9/22 Stage 1-Applications reviewed;Disqualified applications will not move forward Frida � 9/23/2016 Eli ible a lications will be forwarded to the PRC Monda -Tuesda 9/26-9/27/2016 project Review Committee Interviews.NOTE:PRC will meet for 1 hour(9-10:00)to discuss each day's applications.Interviews will be held in the Mayor's conference room Final application review and scoring; PRC Deliberations; Wednesday 28-Se Time TBD, Ma or's conference room Monda 9/30/2016 Publish Draft Action plan and announce opening 30-day Public Comment period;funding recommendations posted on Cit website. Wednesda 9/30/2016 Email distribution of draft funding recommendations to Ma or and Bremerton Cit Council Bremerton City Council Study session on 2017 Action Plan Wednesday 10/26/2016 and 2017 CDBG/HOME funding recommendations. Monday 10/31/2016 Written comment period on Action Plan closes Wednesda 11/2/2016 Bremerton City Council Public Hearing on 2017 Action plan and Funding Recommendations.NDGC,345 6th Street,Ciry Council Chambers 5:30 PM. 11/15/2016 2017 Action Plan Submitted to HUD 1/1/2017 Pro ram Year Begins 2017 Community Development Block Grant Notice of Funding Availabiliry 2 About the Funding The City of Bremerton Community Development Block Grant funding availability is for the 2017 program year beginning January 1, 2017 and culminating on December 31, 2017. A description of the funding is included below. City of Bremerton HOME funds, Homeless Housing Grant Funds, Affordable Housing Grant Program, and Consolidated Homeless Grant Incentive Programs are all through a coordinated application with Kitsap County. Communitv Develonment 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, to 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 _ _ . . ... . .. _ _ Council Funding_Priorities _ For the 2017 Program Year Bremerton City Council has chosen the following priorities for use of funds: • Capital projects in the target area to revitalize neighborhoods to create affordable housing • Target-Area Weatherization and Minor Home Repair for Homeownership Housing • City-Wide Economic Development for job training programs . Proposals for Activities that do not meet these fundinqpriorities will not be eligible for fundina. Eligible Activities This list is broken down by priority area. Please ensure your project both match a Council Priority and are an eligible activity. 1. Capital Projects in the Target Area Applicants must demonstrate that the proposed activity/eads to the creation of affordable housing Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201 and 570.207. • Acquisition of real property by purchase, lease or donation; • Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements; • Clearance, demolition and removal and rehabilitation of buildings and improvements; • Removal of material and architectural barriers; • Planning activities; • Preservation, rehabilitation or restoration of historic properties; • Acquisition, rehabilitation, or construction of rental housing; 2017 Communiry Development Block Grant Notice of Funding Availability 3 • Rehabilitation of privately owned buildings and improvements for residential purposes; • Fa�ade Improvement • Assistance to private individuals and entities, including profit making and nonprofit organizations, to acquire for the purpose of rehabilitation, and to rehabilitate properties for use or resale for residential purposes; � 2. Target-Area Weatherization and Minor Home Repair for Homeownership Housing • Housing services such as housing counseling and energy auditing; • Lead based paint hazard evaluation and reduction; • Labor, materials and other costs of rehabilitation of properties including repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors and dead bolt locks, and renovation through alterations, additions to or enhancement of existing structures 3. City-Wide Economic Development for Job Training Programs • Assistance to carry out economic development projects for job training purposes; The following activities are generally not eliqible 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 I • Political activities • Vehicles and Equipment Note: The above lists are not comprehensive. For a complete list of eligib/e or ineligib/e activrties refer to CDBG regulations in 24 CFR 570.201 and 570.207 Eligible App9ic�nts Communitv Development Block Grant 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 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 City requirements for contracting agencies such as insurance requirements, audit and financial requirements. • Demonstrate timely expenditure of funds and ability to complete the project in an efficient manner. 2017 Community Development Block Grant Notice of Funding Availability 4 Target Area � Funding Focus Areas. The City of Bremerton will be targeting its funds in the following areas: A//Activities, with the exception of City-Wide economic deve%pment wi//need to take p/ace within this target area, or the project wi//be deemed ine/igib/e, :li t '—'�f___.� I—^ . , r-��i=� � ;�-.=�.�.,;`--..`:.-�! -. . . �°'•,ri�� 'Communify Developmenf�, Iocl�f.Grant �� i � �=I ��I;I .• � ` , 2 16 -202b=C�nsQIidated-Plan . '� � �:''---' --��u-''----il.._� .' �. T rget Area a F- �--�� i 1j=� ��-_�� , s_ �� I J � r �-i r--: -- �=�.� (7 ��=�--�-_�-i �- .. �:-: , _... ; �`-{ , ;;.L7�.]:�: ,.._ ,._! � � � — 7 �,..... --—j � � � �Z-' ��`-' � �"�J � �-�-,.� � r�___• �� . I --yj � I ��i�� f EVERGREEN � � - � �-�!�� ROTARY PARK i ��;� -jI ` �- � ��_�r=I�� ....� `=� �� _- '� I- - ' _ �-�1_�.Y 1-1��7 i'_- - _ �f!`\ / •\. �"._ 1 ��; �--, � �-,.Js� �;r=; -- , � � �.. ;--: I r , t-;,�; �1 � �-.. i T; I �_;�-1 j I--}=:��_�'_� '-...��-_�—��j ��-.; '�.��. ; �-- .. , ,__ - .J �. • I �' __ L--- � � - �.-; � � �i� � ;� �-- r �=-�-� 1 � �_ � .r�`--- - ,�- }_::..--�-..�:-��;-� �_�• �� - � ~ F- i- 1 �- � �_.� -1 r=-�'-_-LL�!_%� .._�1�Cj_ .J � , - - -�� r- r-----' :_;� �� r-� 4�i"�� 1��--�-�-i I._.��T� .- �- i ---� _� - - t^ � ! –i� j f��.l�..!1!_'_1_�.C�i -�; � N_ ' li ��Lr _ � _ " -,—'11.__i__. �_ ,_� �.. � ��-ti - �- ;�!:il;_i..i:;? L_Lll_�j�-�i._T -,7 ;;-.�_ �� - - � _ I_.. � •; r----- �� - ----a-� 1;.�.- �--'� � ,_'i�!� �-�. , , _ - -- =�i r1 iT �; T;z, ;�;� ';I!�. j� _ - ,' fT;,I �-;;- T -1' � I ; ;� � ,,_�,,1'T` i �.;t-. I_=.� � 1' ` .�r_. i i 'i i iT� ��'-;_j �1.�i�� J---.1-l._I J11.111�� . � •' .��.�� —;� -;, --��. __ _ _ � ��j-. :� �—;' 1��. �� ; I !�:� �__� -;L.�`�i I� � i � _�1 - i - ;._._ � i � �� L� —;E-��?!_.a.��.� ;��.��_—� _ --�' �~ ' � ^.f��L�1� �..___. _ �_=- ' �?'�IT-f l-..�-I---L �`'-�1�T].7� � -7---,'T� � �, - � , [� ,�' 'i�.�. 1.�1 :i_I.li7:Ilit� � i-L=LI.- _� . ,1_,� , � L �._�?� I�,: . �. �7:i�Il .t 1iIIi�T�u�( � � i-_i��PT��r- � �� I 1.� L_�I 1_;jl l►? ' r' =I.�� ..�,_��--- :- � �'��,��i![IZ�, '�Tf�� 7LIL �IT..T_,-� ,1 = �r: . Ti�LI.;].._.;, �i.LT�� -�-�,� �- �- ;T- '- �� , � � � l v�:�r� �-- �.m�L��,_ �— ;-- --- --;-; -- -.�, i� L.��r'��I --��- 1 l_ ,` - - � � :i I!�iI i ``,/%`� ._ .�_.� � � C�( � 1-' T' I i �� T_i c,��i_:��;; i --,---� �`� ---....-..- ._.=1. � _�r-_ r� Legend �g.., / 2�, �/l'• O CDBG Terget Area Zy, Y �f: 0 0 125 0.25 0.5 Miles l � � � 1 � � � I 2017 Community Development Block Grant Notice of Funding Availability 5 ZOi7 Fu�ds�►va�lable CDBG 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 often occurs after the program year has begun.The City of Bremerton estimates funding levels in order to start the grant application process; therefore, fundina 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. The estimated funds below are based on 2016 allocations. 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 _`_ � Amount of Funds Available i Funding Sources _ � i City-Wide Economic � I ; Development for Job Training j $50,000 ! Bremerton CDBG ' Programs_ ..- --.... �_ .I_.. . .._. .__. __j I Target Area Weatherization and � ; I I Minor Home Repair for ! � Bremerton CDBG ; $32,000 � � Homeownership Housing_______ ______ ! , —.._.._._. _..— _.. - - - -- � Capital Projects in the Target I T � Area to Revitalize ' � j $250,000 Bremerton CDBG � Neighborhoods to Create � ! � Affordable Housing_ _ _�__ ___.._ _. _ ; , ..— _ .- ---- I Total 1 $332,000 � �----...---�-- _..�._..........— .....------ - -------._-------.—._....-- -----�--� -- The tables on the following pages give a more detailed view by funding source; showing the estimated amount of funds available as well as the proposed distribution of those funds. 2017 Community Development Block Grant Notice of Funding Availability 6 2017 Proposed Distribution of City of Bremerton CDBG Fund� Estimated Funding Available for the 2017 CDBG Albcation Process Estimate of 2017 Entitlement 415,000 Tentative Program Income Available 0 Total Entitlement + PI 415,000 Reallocated Funds Prior Year 0� Total Available for Albcatan 415,000 Estimated Allocation of 2017 CDBG Funds Available for 2017 Planning and Admin (20% of entitlement + PI) 83,000 Available for 2017 Economic Development City-wide for Job Training Programs 50,000. Available for Weatherization and Minor Home Repair for Homeownership Housir 32,000 Available forCapital Projects in Target area to revitalize neighborhoods to create affordable housing 250,000 I Subtotal-Available for grant applications 415,000 I Total Allocation of funds 415,000 Project Types The information below details three project types along with the estimated amount of funds available based on fund type (using 2016 numbers), eligible activites and priorities. 1. CDBG Economic Development City-Wide for 7ob Training Programs • Estimated funds available - $50,000 • Eligible activities include assistance to carry out economic development projects for job training purposes. • Priority is to increase economic opportunities for low-income individuals. 2. Weatherization and Minor Home Repair for Homeownership Housing • Estimated funds available - $32,000 • Eligible activites include: Housing services such as housing counseling and energy auditing, lead based paint hazard evaluation and reduction, labor, materials, and other costs of rehabilitation of properties including repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors. 3. Capital Projects in the Target Area to Revitalize Neighborhoods to Create Affordable Housing Applicants must demonstrate that the proposed activity/eads to the creation of affordab/e housing • Estimated funds available - $250,000 • Acquisition of real property by purchase, lease or donation; . Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements; • Clearance, demolition and removal and rehabilitation of buildings and improvements; • Removal of material and architectural barriers; • Planning activities; • Preservation, rehabilitation or restoration of historic properties; . Acquisition, rehabilitation, or construction of rental housing; • Rehabilitation of privately owned buildings and improvements for residential purposes; . Fa�ade Improvement • Assistance to private individuals and entities, including profit making and nonprofit organizations, to acquire for the purpose of rehabilitation, and to rehabilitate properties for use or resale for residential purposes; 2017 Community Development Block Grant Notice of Funding Availability � 0 F�ovv to Access aaad �ubmit Application Online Application will be available to download from the City's website beginning Thursday September 8, 2016. You will need a computer with internet capability in order to access the City's website to access the application. Application link will be posted on the City website, and information will be sent to the City's interested party e-mail list. Application submission deadline is September 21st, 2016 at Noon Where to Submit A�Sp�lications An application is considered complete if it meets the following criteria: . If a first time applicant or have never been awarded City of Bremerton funds, the applicant has attended the mandatorv technical assistance session on August 8, 2016. • Application submitted ONLINE OR IN PERSON • Application submitted ON TIME (September 21st, 2016 at noon) • All required application questions/sections/attachment are completed in an adequate manner. Assistance with the Applocation A Mandatory Technical Assistance Session for first time applicants or for those who have never been awarded City of Bremerton CDBG funds will be held at on September 8th 10:00 am in the Norm Dicks Government Center Mayor's Conference Room, 6th Ffoor. One-on-One Technical Assistance may be scheduled between September 8-September 19th by contacting the staff listed in the front of this notice. Application Review anc! Rating Process This is a competitive app/ication process for/imited funding;therefore, app/ications that meet a//criteria are not guaranteed an award of funds and successfu/app/ications � may be funded for/ess than the amount requested App/ications not meeting the requirements wi//be disqua/iFed from consideration for funding and wi//not move any further through the process I Wriiten notice wi//be sent to the disqua/ified App/icant. Applicants will need to demonstrate that they are able to spend down funds in a timely manner and that they have the capacity to complete the project. All applications will go through the following review and rating process. 1. Initial Eligibility Screening a. Application is complete. b. Applicant meets eligibility requirements as of the application due date. c. Project or activity is an eligible use of funds. 2017 Communiry Development Block Grant Notice of Funding Availability 8 2. Staff Technical Review a. Organizational Financial Review— RFP's will be reviewed City will review for Agency financial soundness. b. Orclanizational Capacitv—Staff will review the capacity of the agency to manage grants based on previous grant performance, board makeup, organizational structure (including staffing), organizational data, etc. c. Project Priority Review— Staff will review project goals and population served for alignment with the Funding Priorities. 3. Project Review Committee (PRC) -The committee will make funding decisions using the following process: a. Review and evaluate each application using review and scoring guides. b. Conduct interviews with each applicant; review responses using review and scoring guides. • Non-capital interviews (City-Wide Economic Development) will be 20 minutes in length which includes 10 minute agency presentation and 10 minute question/answer. • Capital interview will be 35 minutes in length which includes 15 minute agency presentation and 20 minute question/answer. • Interview length for agencies with multiple submissions of the same type (non- capital, for example), may be shortened. c. Assign a priority ranking and recommended funding level to all projects. d. Staff matches ranking with available and appropriate funding sources. e. PRC finalizes recommendations and sends to the Bremerton City Council. 4. Bremerton City Council — Public hearings to consider the Project Review Committee recommendations will be held before the Bremerton City Council. Council will make the final funding approval. 5. Approved funding recommendations which include Federal funds are send to HUD for approval in the annual Action Plan. Projects awarded funds must be included in the 2017 (Year 2) Action Plan to the 2016-2020 Consolidated Plan and submitted to HUD for approval. The Action Plan cannot be finalized until the City of Bremerton receives federal award amounts from HUD. 6. Final Awards-Funding recommendations were made based on estimated funds. Once the actual amounts are known, project awards will be adjusted based on the contingency set by the PRC and approved by the Bremerton City Council. Project 9tevoew Committee (PRC) The Project Review Committee reviews and recommends funding for the CDBG Grant Application. PRC members read applications, review agency and financial capacity analyses, conduct applicant interviews, score, rank and develop funding recommendations. Recommendations are then presented to the Bremerton City Council, which make final funding decisions. PRC volunteers are selected based on their knowledge of the community's needs and willingness to donate their time to PRC activies. PRC members must demonstrate the specific skills, qualifications and background needed to evaluate applications and recommend funding, such as: Affordable housing Grant writing or grant management experience Architechture and planning Homeless programs , Compliance monitoring Housing development Practical experience with HUD Mortgage lending Construction project management Non-profit community service provider experience Economic development Project management experience Finance and accounting � Real estate 2017 Community Development Block Grant Notice of Funding Availability 9 2017 Proiect Review Committee Makeu� There is one project review committee for all CDBG applications. The committee is comprised of 6 members: Two members are City of Bremerton staff volunteers and three members are volunteers from the community, and one is a City Council representative. The committee members are assigned to review and rate each of the grant applications submitted and all PRC members take part in the Applicant interviews. ' PRC positions are filled by appointment. The Mayor of the City of Bremerton appoints three members to the PRC committee. Hl1D 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 March, 2016 is $78,100 for a four- person household. HUD updates income limits annually each December. The 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 March, 2016 NUMBER IN EXTREMELY VERY LOW LOW INCONIE HOUSEHOLD LOW INCOME INCOME (31% (51% - 80% (BELOW 30% - 50% MFI*) MFY*) MFI*) 1 $16,450 $27,350 $43,750 2 $18,800 $31,250 $50,000 3 $21,250 $35,150 $56,250 4 $24,300 $39,050 $62,500 5 $28,440 $42,200 $67,500 6 $32,580 $45,300 $72,500 7 $36,730 $48,450 $77,500 8 $40,890 $51,550 $82,500 *MFI= Median Family Income is determined periodically by the Department of Housing and Urban Development(HUD)on the basis of state and local earnings data and is published for cities and counties. These figures represent percentages of MFI for Bremerton— Silverdale Metropolitan Statistical Area(MSA)published by HUD March,2016. 2017 Community Development Block Grant Notice of Funding Availability 10 If Vour Agency is Awarded Funds If your project/program is awarded funding, you will need to understand and follow the regulatory requirements associated with each of the funding sources. Please refer to the following documents for guidance: • Bremerton CDBG/HOME Policy Plan htt�://www.ci.bremerton.wa.us/198/Federa I-Gra nts---CDBG • Bremerton CDBG/HOME Guidebook httq://www.ci.bremerton.wa.us/213/Subreciaient-CDBG-HOME-Guidebook Things you should know: 1. CDBG 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 required to meet with Block Grant staff to discuss Federal regulations. • In addition to the rules and requirements of 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 • Your agency will be required to enter into a contract with the jurisdiction providing the funding, the City of Bremerton. • The City of Bremerton manages their CDBG and HOME contracts separately. However, for both jurisdictions, the following applies: o Capital contracts must receive a notice to proceed before costs can be incurred. o Contracts for federal funds operate on a reimbursement basis. • The program year begins January 1, 2017. o NOTE: If you are a recipient of federal funds you may not receive a contract until mid-year, based on when the federal budget is approved and when the City receives a contract from HUD. Depending on your project, your contract term may coincide with the program year start date. 3. Reporting Requirements • guarterly Reports: It is your responsibility to submit quarterly performance and demographics reports, beginning January 1, 2017. Reports are to be submitted to each funding agency you are under contract with. 2017 Community Development Block Grant Notice of Funding Availabdity 11