HomeMy WebLinkAbout05/09/2018 STUDY SESSION PACKET
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CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
MAY 09, 2018
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation; no
action is anticipated during the Study Session; and the content of these items is subject to change. If
approved by Council, the items will be placed on the May 16, 2018 Council Meeting Agenda:
A. NO PRESENTATION PLANNED - The following items are budgeted items or subjects that have
been raised by the appropriate Council Committee Members:
1. Appointment of Ramesh Rabadia to the Lodging Tax Advisory Committee
2. Confirm Appointment of Erik Pedersen to the Planning Commission
3. Purchase of Hurst Extrication Tools from Curtis Tools for use by the Fire Department
4. Fleet Management Software License and Management Agreement with Asset Works for use
by the Equipment Services Division
5. Interlocal Agreement with the Port of Bremerton for Design Oversight of the Puget Sound
Industrial Center Bremerton to Belfair Sewer Connection Project
6. Purchase of Athletic Field Lighting System from Musco Lighting for Manette Park
Improvement Project
B. BRIEFINGS AND FULL PRESENTATIONS
1. Proposed Public Hearing and Resolution to adopt the 2019 CDBG/HOME Policy Plan; and
Announcement of the Release of the 2019 Notice of Funding Availability
C. GENERAL COUNCIL BUSINESS
1. Public Safety & Parks Committee Briefing (5/9/18 Meeting) Chair Leslie Daugs
2. Other General Council Business (As necessary
D. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should -5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
A1
CITY COUNCIL
Study Session Date: May 9, 2018
SUBJECT: Confirm Appointment of
COUNCIL MEETING Date: May 16, 2018
Ramesh Rabadia to the Lodging Tax
Department: Executive
Advisory Committee
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: BMC Chapter 2.38 requires at least two representatives from businesses
that collect the hotel-motel tax to serve on the Lodging Tax Advisory Committee.
The Mayor is seeking confirmation of his appointment of Ramesh Rabadia, General
Manager for the Motel 6 and Quality Inn & Suites to the Lodging Tax Advisory
Committee. Due to a vacancy, Mr. Rabadia will be completing the remainder of a term
formerly held by Fanny Burdette with the term expiring on June 13, 2020.
ATTACHMENTS: Application available in the Office
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Ramesh Rabadia to the Lodging Tax Advisory
Committee with a term expiring June 13, 2020.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/18
AGENDA BILL
CITY OF BREMERTON
A2
CITY COUNCIL
SUBJECT: Confirm Appointment of Erik Study Session Date: May 9, 2018
Pedersen to the Planning Commission
COUNCIL MEETING Date: May 16, 2018
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: The Mayor is seeking confirmation of the appointment of Erik Pedersen to the
Planning Commission. Mr. Pederson is being appointed to fill the unexpired term of Position No. 5,
which ends on December 31, 2018. The position became vacant after the resignation of a
Commissioner.
ATTACHMENTS: Application to the Commission
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: No Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Erik Pedersen to the Planning Commission Position No. 5, with a
term expiration date of December 31, 2018.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
AGENDA BILL
CITY OF BREMERTON
A3
CITY COUNCIL
SUBJECT: Purchase of Hurst Extrication Study Session Date: May 9, 2018
Tools from Curtis Tools for use by the
COUNCIL MEETING Date: May 16, 2018
Fire Department
Department: Fire
Presenter: David Schmitt, Fire Chief
Phone: (360) 473-5380
SUMMARY: The Fire Department is going to purchase new extrication tools; the current extrication
tools will become back up tools. The current extrication tools have been in operation since 2004. The
extrication tools are on the FRGPO under contract number 00000170. The cost total for the
extrication tools and accessories is $51,642.28 which includes Washington State Sales Tax.
ATTACHMENTS: Quotation from Curtis Tool
FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the Public Safety Bond.
The total cost for the purchase of the extrication tools is $51,642.28 (includes tax).
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of new Hurst Extrication Tools 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 01/02/2018
AGENDA BILL
CITY OF BREMERTON
A4
CITY COUNCIL
SUBJECT: Fleet Management Software Study Session Date: May 9, 2018
License and Management Agreement with
COUNCIL MEETING Date: May 16, 2018
Asset Works for use by Equipment Services
Department: PW&U
Division
Presenter: Milenka Hawkins-Bates
Phone: (360) 473-5333
SUMMARY: This purchase will replace the existing Cartegraph software that is no longer being used
by Public Works and Utilities. When Cartegraph was purchased several years ago, it was not
designed for fleet management. Over the past year, Finance, IT and Equipment Services have been
involved in the search for a replacement product, we looked at three different off the shelf fleet
systems and have chosen Asset Works. The cost of the software, licensing, installation and training
is $57,225.00 including Washington State Sales Tax.
ATTACHMENTS: 1) Quote; 2) Statement of Work; 3) Timeline
FISCAL IMPACTS (Include Budgeted Amount): Budgeted within Fund 509 for $60,000.00
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Fleet Management software purchase in the amount of $57,225.00 including
Washington State Sales Tax 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 01/02/2018
Agreement No. Q-00011
SOFTWARE LICENSE AGREEMENT
AND RELATED HARDWARE PURCHASE
FOR AND IN CONSIDERATION of the mutual benefits accruing and expected to accrue hereunder, this Software
License Agreement ("Agreement") is made as of the ___ day of _______, 2018
AssetWorks LLC a Delaware limited liability corporation with offices at 998 Old Eagle School Road, Suite 1215,
City of Bremerton with offices at 100 Oyster Bay Ave North Bremerton,
Washington 98312
terms and conditions:
Article I. HARDWARE PURCHASE AND SOFTWARE LICENSE
A. Customer shall purchase the hardware listed on Schedule 1, if any. Title to the hardware shall pass
upon shipment.
B. AssetWorks grants to CUSTOMER a non-exclusive, perpetual (subject to Article V) non-transferable license for
the number of users specified
Except as provided
above, use of Software in excess of limits defined in Schedule 1 or other than on the Environment requires
additional fees. CUSTOMER'S license is to use the Software in its own business; CUSTOMER has no right to use
the Software in processing work for third parties.
C. CUSTOMER shall have the right to use only one copy or image of the Software for production purposes to
manage up to the number of Active Equipment Units identified in the Product Schedule (Schedule 1) and shall
not copy or use the Software for any other purpose except (i) for archival purposes, (ii) in connection with a
disaster recovery program, and (iii) for the purpose of testing the operation of the Software, provided such
testing copy shall not be used in a live production environment. CUSTOMER may increase the number of
authorized Active Equipment Units by executing a subsequent Product Schedule and paying in full the applicable
fees. Upon signing the subsequent Product Schedule and paying in full the applicable fees, CUSTOMER shall
have the right to monitor the revised number of Active Equipment Units as set forth in the subsequent Product
tickets are posted.
D. If any third party software is provided to CUSTOMER pursuant to this Agreement, such license shall be in
accordance with terms set forth in Schedule 1.
E. Source Code shall mean software in human-
data files and structures, header and include files, macros, make files, object libraries, programming tools not
commercially available, technical specifications, flowcharts and logic diagrams, schematics, annotations and
documentation reasonably required or necessary to enable a competent independent third party programmer
to create, operate, maintain, modify and improve such software without the help of any other person, and with
data files containing Source Code in standard ASCII format readable by a text editor.
F. Except as expressly authorized under this Agreement, CUSTOMER shall not (i) sell, rent, lease, timeshare,
encumber, license, sublicense, transfer or assign the Software or Documentation; (ii) attempt to decompile,
disassemble or reverse engineer the Software in whole or in part, or otherwise attempt to derive the Source
Code of the software.
Software Maintenance Agreement Page 1
Article II. FEES AND PAYMENTS
A. CUSTOMER shall pay AssetWorks the fees specified in Schedule 1. All fees are payable by CUSTOMER within
thirty (30) days of receipt of invoice. Software is invoiced upon contract execution. Hardware is invoiced upon
shipment.
B. CUSTOMER shall be responsible for all taxes and charges assessed or imposed with respect to amounts payable
hereunder, including, without limitation, state and local, occupation, sales, use or excise taxes paid or payable
political subdivision thereof.
C. AssetWorks reserves the right to apply a late payment charge of 1.5% per month to amounts outstanding more
than thirty (30) days after the date of the invoice.
Article III. NON-DISCLOSURE
A. Subject to the other paragraphs in this Article III, CUSTOMER agrees that the Software shall be held in confidence
by CUSTOMER and shall not be disclosed to others without the prior written consent of AssetWorks, which may
be withheld by AssetWorks in its sole discretion. This obligation to hold confidential does not apply to any
portion of the Software (1) developed by CUSTOMER and in CUSTOMER's possession prior to the receipt of same
from AssetWorks; (2) which at the time of disclosure is part of the public domain through no act or failure to act
by CUSTOMER; or (3) which is lawfully disclosed to CUSTOMER without restriction on further disclosure by
another party who did not acquire same from AssetWorks.
B. AssetWorks provides documentation for the Software electronically. The CUSTOMER may copy, in whole or in
part, any such documentation relative to the Software consistent with this
Agreement.
C. Any Software provided by AssetWorks in machine-readable form may be copied by CUSTOMER for use with the
designated servers to the extent necessary for archive or emergency restart purposes, to replace a worn copy,
or to understand the contents of such machine-readable material.
D. use of the Software shall be made available to AssetWorks at all reasonable
to a, and CUSTOMER shall
certify to the truth and accuracy of such records.
Article IV. WARRANTIES AND LIMITATION OF LIABILITY
A. Hardware purchased under this Agreement has a limited one year warranty. This limited hardware warranty
covers defects in materials and workmanship in hardware products. The warranty does not cover external
causes such as accident, abuse, misuse, or problems with electrical power, servicing not authorized by
AssetWorks, usage that is not in accordance with product instructions, failure to follow the product instructions
or failure to perform preventive maintenance and normal wear and tear. ASSETWORKS'S RESPONSIBILITY FOR
DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS
WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN FOR HARDWARE,
ASSETWORKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR
NON-INFRINGEMENT. ASSETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED
WARRANTY.
B. AssetWorks represents that it has the right to license the Software to CUSTOMER as provided in Article I.
AssetWorks further represents that the Software will conform to the description contained in the
Software Maintenance Agreement Page 2
documentation provided or published by AssetWorks but, except as provided in this Article
IV, AssetWorks makes no other representations, warranty, or guarantees, express or implied, with respect to
the accuracy, completeness, or usefulness of the Software, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event the Software fails to conform to the
description contained in the Documentation
limited warranty is lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection
with the delivery, use or performance of the Software.
C. AssetWorks will defend, at its own expense, any action brought against CUSTOMER to the extent that it is based
on a claim that the Software supplied by AssetWorks infringes a United States patent or copyright, and
AssetWorks will pay those costs and damages finally awarded against CUSTOMER in any such action that are
attributable to any such claim; provided, such defense and payments are conditioned on the following: (1) that
AssetWorks shall be promptly notified in writing by CUSTOMER following its receipt of any such claim; (2) that
AssetWorks shall have sole control of the defense of any action on such claim and all negotiations for its
subject of a claim of infringement of a United States patent or copyright, then CUSTOMER shall permit
AssetWorks, at its option and expense, either to (A) procure for CUSTOMER a non-infringing license to use the
Software; (B) modify the Software so that it becomes non-infringing; (C) procure for CUSTOMER a depreciated
credit for the Software and accept its return. Depreciation shall be an equal amount per year over the lifetime
of the Software, which the parties agree shall be five (5) years. AssetWorks shall have no liability to CUSTOMER
under any provision of this clause with respect to any claim of patent or copyright infringement that is based on
CUSTOMER's unauthorized use or combination of the Software with software or data not supplied by
AssetWorks as part of the Software.
D. CUSTOMER agrees to defend and hold AssetWorks harmless against any claims made by any third party against
AssetWorks arising out of CUSTOMER's use of the Software unless such claims are due to the negligence or
willful misconduct of AssetWorks.
E. CUSTOMER agrees that AssetWorks total liability to Customer for any and all damages whatsoever arising out
of or in any way related to this Contract from any cause, including but not limited to negligence, errors,
omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed fees paid
to AssetWorks.
F. In no event shall AssetWorks be liable for special, indirect, incidental, economic, consequential or punitive
damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or
services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal
theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such
damages, and notwithstanding any failure of essential purpose of any limited remedy.
G. The warranty period for the Software shall extend for a period of 90 days from the date of delivery of the
Software but in no event later than one year from the date of execution of this Agreement. During the warranty
period, in the event that the CUSTOMER encounters an error and/or malfunction whereby the Software does
not conform to the description in the Documentation, AssetWorks will respond as follows:
1. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, there exists an
error or nonconformance to the Documentation, AssetWorks will take such steps as are reasonably
required to correct the error with due dispatch.
2. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, the error or
nonconformance to the Documentation does not constitute a serious impediment to the normal intended
Software Maintenance Agreement Page 3
use of the Software, AssetWorks will correct the error and distribute the correction to the CUSTOMER in
Article V. TERMINATION
A. The license conveyed pursuant to Article I B may be terminated by AssetWorks in the event of breach or default
by CUSTOMER under this Agreement provided AssetWorks notifies CUSTOMER in writing of the breach or
B. In addition, CUSTOMER shall have the right to terminate this Agreement at any time; provided such termination
shall not relieve CUSTOMER of its obligations (1) to pay any remaining unpaid balance for the total software
license fee (as per Schedule 1), and (2) to honor the terms of the Professional Services Agreement or the
Software Maintenance Agreement, which were independently executed and each of which must be terminated
in accordance with its terms.
C. All Software and Documentation shall be and will remain the property of AssetWorks. Upon termination of this
Agreement, whatever the reason, such Software and Documentation and any copies thereof made by
CUSTOMER pursuant to Article III B and C shall be promptly returned to AssetWorks.
Article VI. ASSIGNMENT
This Agreement shall not be assigned by either party without the prior written consent of the other party, and any
attempted assignment without such consent shall be void. No assignment of this Agreement shall be valid until and
unless consented to in writing by the consenting part and assumed by the assignee in writing. When duly assigned
in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee.
Article VII. ENTIRE AGREEMENT
This Agreement supersedes all prior proposals, oral or written, all previous negotiations and all other
communications or understandings between AssetWorks and CUSTOMER with respect to the subject matter hereof.
It is expressly agreed that if CUSTOMER issues a purchase order or other document for the services provided under
this Agreement, such instrument will be deemed for CUSTOMER'S internal use only, and any provisions contained
therein shall have no effect whatsoever upon this Agreement. This Agreement sets forth the sole and entire
understanding between AssetWorks and CUSTOMER with respect to the subject matter. No amendments to this
Agreement, either at the execution or subsequently, shall be binding on AssetWorks or CUSTOMER unless agreed to
in writing by both parties.
Article VIII. SCHEDULES
Schedules 1 (Product Schedule) and any additional schedules specified below are hereby incorporated into this
Agreement.
Article IX. GENERAL TERMS
A. Neither AssetWorks nor CUSTOMER will assign or transfer its interest in this Agreement without the prior
written consent of the other party.
B. All provisions of this Agreement, which by their nature should survive termination of this Agreement, will so
survive.
Software Maintenance Agreement Page 4
C. No delay or failure by either party to exercise any right hereunder, or to enforce any provision of this Agreement
will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. To be
valid, a waiver must be in writing, but need not be supported by consideration.
D. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such
provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the
remaining provisions of this Agreement will not be affected.
E. This Agreement, including its interpretation and enforcement, will be governed by the substantive laws of the
State of Delaware excluding its conflict of laws rules.
F. Any communication or notice hereunder must be in writing, and will be deemed given and effective: (i) when
delivered personally with proof of receipt; (ii) when sent by e-mail; (iii) when delivered by overnight express; or
(iv) three (3) days after the postmark date when mailed by certified or registered mail, postage prepaid, return
receipt requested and addressed to a party at its address for notices. Each party's address for notices is stated
below. Such address may be changed by a notice delivered to the other party in accordance with the provisions
of this Section.
AssetWorks LLC CUSTOMER:
998 Old Eagle School Rd. - Suite 1215 Milenka Hawkins-Bates
Wayne, PA 19087 City of Bremerton
Attn: John Hines 100 Oyster Bay Ave North
Bremerton, Washington 98312
(360) 473-5333
milenka.hawkins-bates@ci.bremerton.wa.us
Copy to:
Director of Contracts
AssetWorks LLC
998 Old Eagle School Rd. - Suite 1215
Wayne, PA 19087
G. In the event of any dispute arising in the performance of this Agreement, AssetWorks and the CUSTOMER will
seek to resolve such dispute through good faith, amicable discussions and negotiations. In any action at law or
in equity to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to recover its
reasonable attorneys' fees and costs, in addition to any other relief ordered by the court. Such fees and costs
will include those incurred in connection with the enforcement of any resulting judgment or order, and any post
judgment order will provide for the right to receive such attorneys' fees and costs.
H. Neither party will be liable for any failure to perform or any delay in performing any of its obligations hereunder
when such failure or delay is due to circumstances beyond its reasonable control and without its fault (Force
Majeure), including without limitation, any natural catastrophe, fire, war, riot, strike, or any general shortage or
unavailability of materials, components or transportation facilities, or any governmental action or inaction.
Upon the occurrence of such event of Force Majeure, the affected party will immediately give notice to the
other party with relevant details, and will keep the other party informed of related developments.
I. This Agreement constitutes the entire agreement between the parties and supersedes all prior or
contemporaneous oral, and all prior written, negotiations, commitments and understandings of the parties
Software Maintenance Agreement Page 5
relating to the subject matter hereof. This Agreement may not be modified except by a writing executed by
both parties.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have entered into this Agreement as of the
Effective Date.
CUSTOMER AssetWorks LLC
By: ____________________________ By:___________________________
Name: _____________________________ Name: ________________________
Title: _______________________________ Title:___________________________
Date: _______________________________ Date:___________________________
Software Maintenance Agreement Page 6
SCHEDULE 1 FEES
A. License Fees
License
Description QTY UNIT PRICE Line Total
FleetFocusFA Standard License 300 USD 48.00 USD 14,400.00
Reporting Module 300 USD 2.40 USD 720.00
Motor Pool Module 300 USD 4.80 USD 1,440.00
Shop Activity Module 300 USD 4.80 USD 1,440.00
Crystal Reports Server OEM Edition (FA), - with 1x report 1.00 USD 2,900.00 USD 2,900.00
writer
License TOTAL: USD 20,900.00
B. Hardware Fees
Not applicable
AssetWorks will honor pricing for options above through 06/30/2018.
SOFTWARE MAINTENANCE AGREEMENT
FOR AND IN CONSIDERATION of the mutual benefits accruing and expected to accrue hereunder, this Software
of ________, 2018
AssetWorks LLC., a Delaware limited liability corporation with offices at 998 Old Eagle School Road, Suite 1215,
and City of Bremerton with offices at 100 Oyster Bay Ave North Bremerton,
Washington 98312 (hereinafter called "CUSTOMER"). Intending to be legally bound, the parties
hereby mutually agree to the following terms and conditions:
B. BACKGROUND
AssetWorks and CUSTOMER are parties to a Software License Agreement, Number Q-00011 and dated
The Software paid-up license fee includes a warranty without charge as set forth in the Software License Agreement.
The purpose of this Agreement is to set forth the terms and conditions upon which CUSTOMER has agreed to
subscribe to Maintenance from AssetWorks.
Software Maintenance Agreement Page 7
C. TERMS AND CONDITIONS
1) Term
Maintenance shall commence immediately upon the Effective Date and shall have a term of twelve (12) months. The
term shall automatically renew each year thereafter for an additional twelve (12) month period unless terminated
as set forth below.
2) Correction of Deviations
communicate the circumstances and any supporting information to AssetWorks. Upon receipt, AssetWorks will
respond as follows:
a. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, there exists a
Deviation that does not constitute a serious impediment to the normal intended use of the Software,
AssetWorks will correct the Deviation and distribute the correction to the CUSTOMER in accordance with
b. In the event that, in the mutual and reasonable opinion of AssetWorks and the CUSTOMER, there exists a
Deviation that does constitute a serious impediment to the normal intended use of the Software,
AssetWorks will take such steps as are reasonably required to correct the Deviation.
3) Software Revisions and New Versions
a. The Software may be revised by AssetWorks as a result of the correction of Deviations and/or the release
of upgrades or improvements or modifications designed to improve the performance of the Software
and/or to increase the capabilities of the Software (hereafter "Revisions"). Revisions shall be of two kinds:
i. Revisions that the CUSTOMER is obliged to implemen
ii.
iii. No charge shall be made to the CUSTOMER for either Mandatory Revisions or Optional Revisions.
b. New products Productsmay be added to the Software by AssetWorks from time to time. Compared
to a Revision, New Products substantially improves the performance of the Software and/or substantially
increases its functionality and capability. AssetWorks, in it sole discretion, shall decide which upgrades and
improvements will be issued as Revisions without charge and which shall be issued as New Products for
which there may be a charge.
4) Telephone Hotline Assistance
AssetWorks, at its expense, shall make available technically qualified personnel to respond to all reasonable
telephone requests, Monday through Friday, excluding State holidays, during normal business hours, that may be
made by the CUSTOMER relating to the application and operation of the Software. At other times such personnel
are available by pager for emergencies.
Software Maintenance Agreement Page 8
5) Technical Literature
AssetWorks shall make available to the CUSTOMER all technical literature in electronic format that is considered by
AssetWorks to be relevant to the Software and its use within the scope of CUSTOMER's operations.
6) Transmission
All Revisions and New Products will be made available for download by the CUSTOMER via access to the AssetWorks
website or other suitable media, at the option of AssetWorks. The CUSTOMER shall be solely responsible for
executing the appropriate instructions in order to transfer the Revisions or New Products onto to its system.
7) Remote Diagnostic Access
The CUSTOMER shall provide appropriate remote access capabilities with which AssetWorks may, with the
permission of the CUSTOMER, remotely access the Software for the purpose of remote diagnostics and support.
8) Proper Use
a. Except as expressly authorized under this Agreement, CUSTOMER shall not modify the Source Code as
defined in the Software License Agreement.
b. The CUSTOMER agrees that all reasonable effort shall be taken to ensure that neither the Software nor data
files are misused or modified without the express written permission of AssetWorks.
c. In the event that the CUSTOMER or its agents misuses or modifies the Software or data files, including, but
not limited to, inserting, updating, deleting or otherwise modifying data through a means other than the
Software, although AssetWorks is not obligated to correct such misuse, AssetWorks shall be entitled to
attempt to correct the situation, if possible, at CUSTOMER'S expense.
d. In the event that diagnostic assistance is provided by AssetWorks, which, in the reasonable opinion of
AssetWorks and the CUSTOMER, relates to problems not caused by a Deviation in the Software, such
assistance shall be at the CUSTOMER's expense.
9) Software Maintenance Fee Paid Up License
In consideration of the Maintenance services to be provided by AssetWorks for the initial twelve month period
hereunder, CUSTOMER shall pay to AssetWorks an amount set forth on Exhibit A. For each twelve month period
thereafter, CUSTOMER will pay to AssetWorks fees in accordance with this Agreement.
10) Additional Software Maintenance Fee Paid Up License
In the event the CUSTOMER acquires Software in addition to that indicated in Schedule 1 of the Software License
Agreement (the "Additional Software"), the Maintenance shall automatically be extended to cover the Additional
Software, and the CUSTOMER shall pay an additional annual Maintenance fee in an amount equal to twenty percent
(20%) of the then current license fee for the Additional Software at the time of acquisition.
11) Other Fees and Expenses
If onsite maintenance is required, CUSTOMER will pay r
employees or agents, which shall be billed and paid as the expenses are incurred.
Software Maintenance Agreement Page 9
12) Payment Terms
e. Annual payments for Maintenance will be due in advance of the commencement of the initial one-year
term of the Maintenance and each anniversary thereafter.
a. AssetWorks reserves the right to change the annual Maintenance fee by providing CUSTOMER written
notice of the increase at least thirty (30) days prior to any scheduled renewal date.
b. AssetWorks reserves the right to apply a late payment charge of 1.5% per month to amounts outstanding
more than thirty (30) days after the date of the invoice.
13) Default and Termination
a. The CUSTOMER shall have the right to terminate Maintenance upon delivery of written notice at least
ninety (90) days prior to any scheduled renewal date.
b. AssetWorks may cancel Maintenance in the event that the CUSTOMER does not implement a Mandatory
Revision within sixty (60) days of receipt thereof or such longer period as AssetWorks may consent to in
writing. In the event that CUSTOMER does not implement a Mandatory Revision within thirty (30) days
Revision, AssetWorks may then cancel Maintenance, effective immediately, by notice in writing to the
CUSTOMER.
c. In the event of any breach of the terms and conditions of this Agreement by the CUSTOMER, AssetWorks
will, by written notice to the CUSTOMER, give the CUSTOMER a period of thirty (30) days within which to
institute remedies to correct such breach. In the event that such breach has not been corrected to
effective immediately, by notice in writing to the CUSTOMER.
d. In the event that Maintenance is terminated by AssetWorks, AssetWorks shall have no continuing
obligations to the CUSTOMER of any nature whatsoever with respect to Maintenance. Furthermore,
termination by AssetWorks pursuant to the provisions hereof shall be without prejudice to any right or
recour
remain due to it hereunder.
14) Limitation of Liability
a. In the event of any claim brought by one party against another hereunder, a party will be liable only for
actual, direct losses or damages incurred (including cost of cover), limited to the amount of fees paid to
AssetWorks for maintenance services; provided, the claiming party shall be obliged to take reasonable steps
to mitigate its losses or damages.
b. Irrespective of the basis or theory of the claim, neither party will be liable for any special, punitive,
exemplary, indirect, incidental or consequential damages of any kind, including, without limitation, lost
profits or loss of data, even if it has been advised of the possibility of such damages.
15) General Terms
a. Neither AssetWorks nor CUSTOMER will assign or transfer its interest in this Agreement or any Attachment
without the prior written consent of the other party.
Software Maintenance Agreement Page 10
b. All provisions of this Agreement, which by their nature should survive termination of this Agreement, will
so survive.
c. No delay or failure by either party to exercise any right hereunder, or to enforce any provision of this
Agreement will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent
waiver. To be valid, a waiver must be in writing, but need not be supported by consideration.
d. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such
provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the
remaining provisions of this Agreement will not be affected.
e. This Agreement, including its interpretation and enforcement, will be governed by the substantive laws of
the State of Delaware excluding its conflict of laws rules.
f. Any communication or notice hereunder must be in writing, and will be deemed given and effective: (i)
when delivered personally with proof of receipt; (ii) when sent by e-mail; (iii) when delivered by overnight
express; or (iv) three (3) days after the postmark date when mailed by certified or registered mail, postage
prepaid, return receipt requested and addressed to a party at its address for notices. Each party's address
for notices is stated below. Such address may be changed by a notice delivered to the other party in
accordance with the provisions of this Section.
AssetWorks LLC CUSTOMER:
998 Old Eagle School Rd. - Suite 1215 Milenka Hawkins-Bates
Wayne, PA 19087 City of Bremerton
Attn: John Hines 100 Oyster Bay Ave North
Bremerton, Washington 98312
(360) 473-5333
milenka.hawkins-bates@ci.bremerton.wa.us
Copy to:
Director of Contracts
AssetWorks, Inc.
998 Old Eagle School Rd. - Suite 1215
Wayne, PA 19087
g. In the event of any dispute arising in the performance of this Agreement, AssetWorks and the CUSTOMER
will seek to resolve such dispute through good faith, amicable discussions and negotiations. In any action
at law or in equity to enforce or interpret the terms of this Agreement, the prevailing party will be entitled
to recover its reasonable attorneys' fees and costs, in addition to any other relief ordered by the court. Such
fees and costs will include those incurred in connection with the enforcement of any resulting judgment or
order, and any post judgment order will provide for the right to receive such attorneys' fees and costs.
h. Neither party will be liable for any failure to perform or any delay in performing any of its obligations
hereunder when such failure or delay is due to circumstances beyond its reasonable control and without
its fault (Force Majeure), including, without limitation, any natural catastrophe, fire, war, riot, strike, or any
general shortage or unavailability of materials, components or transportation facilities, or any
governmental action or inaction. Upon the occurrence of such event of Force Majeure, the affected party
Software Maintenance Agreement Page 11
will immediately give notice to the other party with relevant details, and will keep the other party informed
of related developments.
i. This Agreement constitutes the entire agreement between the parties and supersedes all prior or
contemporaneous oral, and all prior written, negotiations, commitments and understandings of the parties
relating to the subject matter hereof. This Agreement may not be modified except by a writing executed
by both parties.
IN WITNESS WHEREOF, the parties hereto, intending to be liable bound, have entered into this Agreement, effective
as of the Effective Date.
CUSTOMER AssetWorks LLC
By: ____________________________ By:___________________________
Name: _____________________________ Name: ________________________
Title: _______________________________ Title:___________________________
Date: _______________________________ Date:___________________________
Software Maintenance Agreement Page 12
Exhibit A
Maintenance Fees:
Year 1
Year one maintenance: Line Total
Software Maintenance USD 4,180.00
Maintenance TOTAL: USD 4,180.00
Five year maintenance schedule:
Five year maintenance billing schedule Actual annual maintenance invoice:
Year 1 USD 4,180.00
Year 2 USD 4,389.00
Year 3 USD 4,608.45
Year 4 USD 4,838.87
Year 5 USD 5,080.81
PROFESSIONAL SERVICES AGREEMENT
FOR AND IN CONSIDERATION of the mutual benefits accruing and expected to accrue hereunder, this
Professional Services Agreement ("Agreement") is made as of the ___ day of _______, 2018 ("Effective
AssetWorks LLC, with offices at 998 Old Eagle School Road, Suite 1215, Wayne,
AssetWoand City of Bremerton with offices at 100 Oyster Bay Ave North Bremerton,
Intending to be legally bound, the parties hereby mutually agree to
the following terms and conditions:
A. BACKGROUND
1. AssetWorks
including, without limitation, custom software development, consulting, education,
installation, data conversion, training, and software modifications.
Software Maintenance Agreement Page 13
2. The Services to be delivered by AssetWorks are set forth in the Attachment 1A
and Attachment 1B to this Agreement.
3. The purpose of this Agreement is to set forth the terms and conditions upon which
AssetWorks will provide the Services for CUSTOMER in accordance with
Attachment 1 and such other Attachments that may be added by the parties in the
future.
B. RESPONSIBILITIES OF THE PARTIES FOR ENGAGEMENTS
1. No Attachment shall be of any force and effect unless and until executed by both
AssetWorks and CUSTOMER.
2. Each Attachment will either be on a Time and Material basis or a Fixed Price basis,
specified in the Attachment. The Attachment may or may not include a definitive
AssetWorks. In some instances,
the Attachme
3. In the event that Services result in greater AssetWorks duties than contemplated
by the Attachment, CUSTOMER will work closely and in good faith with
AssetWorks to modify the Attachment to ensure that the CUSTOMER's
requirements are addressed and fees shall be adjusted to reflect
increased CUSTOMER requirements.
4. Unless specifically addressed in the Attachment, all travel and expenses incurred
will be extra and billed at the time of incurrence.
C. REPRESENTATIONS AND WARRANTIES
1. AssetWorks covenants and warrants that it will perform all Services with due
diligence, in a professional and careful manner, and in compliance with all
applicable laws and governmental regulations.
2. AssetWorks represents and warrants that the Services provided will not infringe
any patent, trademark, trade secret, copyright or other intellectual property right of
anyone.
3. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN,
AssetWorks DISCLAIMS ALL WARRANTIES, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, and the stated express warranties are in lieu of all obligations or
liabilities on the part of AssetWorks arising out of or in connection with the
performance of the Services to be provided herein.
D. RELATIONSHIP OF THE PARTIES
1 The parties are independent contractors and under no circumstances will either be
deemed to be an agent, partner, legal representative, employee or joint venture
partner of the other party.
Software Maintenance Agreement Page 14
E. SUBCONTRACTORS
1. AssetWorks may engage subcontractors to assist in performing Services without
the prior written consent of CUSTOMER; provided, AssetWorks shall supervise
such sub-contractors and the Services performed by them to the same extent as
if AssetWorks performed the work.
F. INTELLECTUAL PROPERTY RIGHTS
1. SOFTWARE FIRST DEVELOPED
Unless otherwise provided in an Attachment, AssetWorks grants to the
CUSTOMER the same rights, and CUSTOMER undertakes the same obligations
with respect thereto, any new software and/or documentation first developed by
AssetWorks under this Agreement that the CUSTOMER received pursuant to the
Software License Agreement in effect between the parties.
2. AssetWorks EXISTING SOFTWARE
AssetWorks retains title to and ownership of all software and enhancements or
modifications thereto, and/or documentation furnished to the CUSTOMER under
this Agreement to which it had title to or ownership of prior to the commencement
of this Agreement.
G. CONFIDENTIAL INFORMATION
1. Because either party may have access to information of the other party that the
each party will maintain all Confidential Information in confidence and will use it
solely in the discharge of its obligations under this Agreement and any applicable
Attachment. Nothing herein will be deemed to restrict a party from disclosing
Confidential Information to its employees and subcontractors in the discharge of
such obligations.
2. Confidential Information will not include information that (i) is, or becomes,
generally known or available through no fault of the, recipient; (ii) is known to the
recipient at the time of its receipt from the disclosing party; (iii) the disclosing party
provides to a third party without restrictions on disclosure; (iv) is subsequently and
rightfully provided to the recipient by a third party without restriction on disclosure;
(v) is independently developed by the recipient, without reference to the disclosing
party's Confidential Information; or (vi) is required to be disclosed pursuant to a
governmental agency or court subpoena, provided the recipient promptly notifies
the disclosing party of such subpoena to allow it reasonable time to seek a
protective order or other appropriate relief.
Software Maintenance Agreement Page 15
3. Because of the unique nature of the Confidential Information, each party agrees
that the disclosing party may suffer irreparable harm in the event the recipient fails
to comply with its obligations under this Section G, and that monetary damages
may be inadequate to compensate the disclosing party for such breach.
Accordingly, the recipient agrees that the disclosing party may, in addition to any
other remedies available to it, be entitled to injunctive relief.
H. NON-SOLICITATION
1. During the term of this Agreement, and for one year thereafter, neither party will
solicit the employment of, or contract for the services of, any person who is/was
an employee, agent, or subcontractor of the other party during the term of this
Agreement.
I. PAYMENT
1. AssetWorks will be paid for the Services at the rate stated in Attachment 1 or any
future Attachment.
2. AssetWorks will issue monthly invoices to CUSTOMER for Services fees and
expenses due unless otherwise provided for in a particular Attachment.
CUSTOMER will pay AssetWorks
Attachment or within thirty (30) days of receipt if not specified in the Attachment.
3. AssetWorks reserves the right to apply a late payment charge of 1.5% per month
to amounts outstanding more than thirty (30) days after the date of the invoice.
J. TERM OF AGREEMENT
1. This Agreement will commence as of the Effective Date and shall continue in full
force and effect until terminated pursuant to the terms hereof.
2. CUSTOMER may terminate this Attachment or any Attachment if AssetWorks
defaults in any of its obligations under such Attachment and AssetWorks is
provided with thirty (30) calendar days written notice of such default; provided,
there shall be no default and not termination if the breach is cured within the notice
period or, if the breach cannot reasonably be so cured, diligent efforts to effect
such cure are commenced during that period and are continued until the cure is
completed, which shall be within a reasonable time. In the event the default is not
Software Maintenance Agreement Page 16
cured or diligent efforts to effect a cure are not underway, the Attachment at issue
shall terminate, but the Agreement and any remaining Attachments shall remain in
full force and effect.
3. Either party shall have the right to terminate this Agreement if the other party is in
default of any obligation hereunder and the defaulting party is provided with thirty
(30) calendar days written notice of such default; provided, there shall be no default
and no termination if the breach is cured within the notice period or, if the breach
cannot reasonably be so cured, diligent efforts to effect such cure are commenced
during that period and are continued until the cure is completed, which shall be
within a reasonable time.
K. EFFECT OF TERMINATION
1. In the event of the termination of any Attachment or this Agreement under Section
J, CUSTOMER shall be liable to AssetWorks for an amount equal to the value of
the Services completed up to the effective date of termination. In the event
CUSTOMER terminates this Agreement for any reason other than pursuant to the
terms of Section J, CUSTOMER shall be liable for the full fees due under this
Agreement.
2. If one or more Attachment(s) and/or this Agreement is/are terminated, AssetWorks
will, within thirty (30) days after such termination, submit final invoices for Services
provided through the effective date of such termination, and CUSTOMER will
promptly pay AssetWorks
L. INDEMNITIES
1. Each party will defend, indemnify and hold the other party harmless from and
against any and all claims, liabilities, damages and expenses, including reasonable
attorney fees, incurred by the indemnified party, to the extent caused by the willful
misconduct or negligent acts or omissions of the indemnifying party or its agents
Attachment; provided such defense and payments are conditioned on the following:
(1) that AssetWorks shall be promptly notified in writing by CUSTOMER following
its receipt of any such claim; and (2) that AssetWorks shall have sole control of the
defense of any action on such claim and all negotiations for its settlement or
compromise.
Software Maintenance Agreement Page 17
2. AssetWorks will defend, indemnify and hold harmless CUSTOMER from and
against all claims, liabilities, damages and costs, including attorney fees and other
legal expenses ("Claims'), relating to any actual or alleged infringement by any
Services of any patent, copyright, trade secret or other intellectual property right or
proprietary right of anyone; provided such defense and payments are conditioned
on the following: (1) that AssetWorks shall be promptly notified in writing by
CUSTOMER following its receipt of any such claim; and (2) that AssetWorks shall
have sole control of the defense of any action on such claim and all negotiations for
its settlement or compromise.
M. INSURANCE
1. At Cest, AssetWorks will provide CUSTOMER with current
certificates of insurance evidencing that AssetWorks has coverage with the limits
listed below.
COVERAGE MINIMUM LIMITS
Commercial General Liability $1,000,000/occurrence;
$2,000,000 aggregate
Commercial Auto Liability $1,000,000 combined single limit
-
STATUTORY LIMITS
$500,000
Commercial Crime $1,000,000
Software Maintenance Agreement Page 18
N. LIMITATION OF LIABILITY
1. In the event of any claim brought by one party against another hereunder, a party
will be liable only for actual, direct losses or damages incurred, limited to the
amount of fees for which AssetWorks contracted under the Attachment that is the
subject of the claim provided, the claiming party shall be obliged to take reasonable
steps to mitigate its losses or damages.
2. Irrespective of the basis of the claim, neither party will be liable for any special,
punitive, exemplary, indirect, incidental or consequential damages of any kind,
including, without limitation, lost profits or loss of data, even if it has been advised
of the possibility of such damages.
O. GENERAL TERMS
1. Neither AssetWorks nor CUSTOMER will assign or transfer its interest in this
Agreement or any Attachment without the prior written consent of the other party.
2. All provisions of this Agreement, which by their nature should survive termination
of this Agreement, will so survive.
3. No delay or failure by either party to exercise any right hereunder, or to enforce
any provision of this Agreement will be considered a waiver thereof. No single
waiver will constitute a continuing or subsequent waiver. To be valid, a waiver must
be in writing, but need not be supported by consideration.
4. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in
whole or in part, such provision will be modified to the minimum extent necessary
to make it legal, valid and enforceable, and the remaining provisions of this
Agreement will not be affected.
5. This Agreement, including its interpretation and enforcement, will be governed by
the substantive laws of the Commonwealth of Delaware excluding its conflict of
laws rules.
Software Maintenance Agreement Page 19
6. Any communication or notice hereunder must be in writing, and will be deemed
given and effective: (i) when delivered personally with proof of receipt; (ii) when
sent by e-mail; (iii) when delivered by overnight express; or (iv) three (3) days after
the postmark date when mailed by certified or registered mail, postage prepaid,
return receipt requested and addressed to a party at its address for notices. Each
party's address for notices is stated below. Such address may be changed by a
notice delivered to the other party in accordance with the provisions of this Section.
AssetWorks LLC
998 Old Eagle School Rd. - Suite 1215
Wayne, PA 19087
Attn.: John Hines
Copy to:
Director of Contracts
AssetWorks LLC
998 Old Eagle School Rd. - Suite 1215
Wayne, PA 19087
Attn: Francesca Schultz
CUSTOMER:
Milenka Hawkins-Bates
City of Bremerton
100 Oyster Bay Ave North
Bremerton, Washington 98312
(360) 473-5333
milenka.hawkins-bates@ci.bremerton.wa.us
Software Maintenance Agreement Page 20
7. In the event of any dispute arising in the performance of this Agreement or any
Attachment, AssetWorks and the CUSTOMER will seek to resolve such dispute
through good faith, amicable discussions and negotiations. Any specific agreed
upon problem escalation procedure will be stated in the related Attachment. In
the event of a conflict between the terms of an Attachment and this Agreement,
the Attachment shall control unless otherwise provided in the Attachment. In any
action at law or in equity to enforce or interpret the terms of this Agreement, the
prevailing party will be entitled to recover its reasonable attorneys' fees and costs,
in addition to any other relief ordered by the court. Such fees and costs will include
those incurred in connection with the enforcement of any resulting judgment or
order, and any post judgment order will provide for the right to receive such
attorneys' fees and costs.
8. Neither party will be liable for any failure to perform or any delay in performing any
of its obligations hereunder when such failure or delay is due to circumstances
beyond its reasonable control and without its fault (Force Majeure), including
without limitation, any natural catastrophe, fire, war, riot, strike, or any general
shortage or unavailability of materials, components or transportation facilities, or
any governmental action or inaction. Upon the occurrence of such event of Force
Majeure, the affected party will immediately give notice to the other party with
relevant details, and will keep the other party informed of related developments.
9. This Agreement constitutes the entire agreement between the parties and
supersedes all prior or contemporaneous oral, and all prior written, negotiations,
commitments and understandings of the parties relating to the subject matter
hereof. This Agreement may not be modified except by a writing executed by both
parties.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have entered into this
Agreement as of the Effective Date.
AssetWorks LLC CUSTOMER
By: _______________________________ By: __________________________
Title: _______________________________ Title: __________________________
Date: ______________________________ Date:__________________________
Software Maintenance Agreement Page 21
Article X. Attachment 1A: Professional Services Deliverables and Pricing
Services
Description Line Total
Project Management Services USD 1,640.00
Project Kickoff & Orientation USD 820.00
Software Installation USD 1,640.00
System Setup Services USD 4,100.00
System Design Services USD 4,920.00
Data Conversion Services USD 4,920.00
Training Services USD 2,460.00
Go Live Support Services USD 4,920.00
Travel Costs - Assumes one trip for training and go live USD 2,000.00
support. All other services provided remotely.
Service TOTAL: USD 27,420.00
Attachment 1B: Professional Services Statement of Work (SOW)
Please refer to the attached statement of work
Project Totals
Totals Line Total
Licenses USD 20,900.00
Year one maintenance USD 4,180.00
Services USD 27,420.00
Total applicable local sales tax 9% USD 4,725.00
TOTAL: USD 57,225.00
Software Maintenance Agreement Page 22
STATEMENT OF WORK
City of Bremerton, WA
FleetFocus Asset and Maintenance Management Applications
April 10, 2018
STATEMENT OF WORK
PAGE 2
Contents ................................................................................................................................................................ 2
Introduction ........................................................................................................................................................... 3
Project Task Descriptions ....................................................................................................................................... 4
WBS A.1.0 Project Management and Planning Services ........................................................................................ 4
WBS A.2.0 Hardware Acquisition ........................................................................................................................... 6
WBS A.3.0 Software Installation Services .............................................................................................................. 8
WBS A.4.0 System Setup Services ........................................................................................................................ 10
WBS A.5.0 Data Conversion Services ................................................................................................................... 11
WBS A.6.0 Training Services ................................................................................................................................ 12
WBS A.7.0 Production Implementation Services ................................................................................................. 15
Preliminary Schedule ........................................................................................................................................... 16
Assumptions ........................................................................................................................................................ 17
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 3
AssetWorks is pleased to partner with The City of Bremerton, WA (The City) for a successful implementation of the
FleetFocus asset and maintenance management application for its Fleet assets. This Statement of Work (SOW)
current understanding of the requirements and
AssetWorks recommends The City
effective implementation. AssetWorks offers a variety of services ranging from workflow re-engineering to general
business and technical consulting.
To best facilitate the implementation, AssetWorks urges The City to formally identify a core team of members from
each of the critical business groups who will participate in or be affected by the project implementation. This
involvement must come from all parties. This core team should be both technically qualified and knowledgeable of
on,
data mapping, and workflow tasks to ensure a feasible and effective production rollout.
Circumstances may necessitate changes to the tasks and/or time estimates, at which time AssetWorks and The City
will discuss these changes in good faith at their earliest opportunity.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 4
WBS A.1.0 Project Management and Planning Services
Project kick-off and planning
AssetWorks will facilitate a project kick-off meeting via web conference wherein we will review the project
timeline, identify roles and responsibilities and discuss status reporting with The City staff.
AssetWorks recommends The City appoint a core project team for the implementation stage with representatives
from all functional or operational areas of The City
to make appropriate decisions regarding the implementation. The core group representatives should have
complete knowledge and familiarity with The City
roll-out team later in the project. The City project team will define their roles and responsibilities and establish
project standards and controls.
The City will appoint a dedicated Project Manager, Subject Matter Project Leads, and supporting personnel from
the designated The City functional and operational areas. The City Project Manager will lead the overall The City
project team and be responsible for The City personnel and resources on the project. The Project Leads will be
responsible for the configuration and implementation of FleetFocus and for facilitating decisions among the core
maintenance group.
Project management and oversight
AssetWorks will provide project management and oversight services to execute the project plan. The AssetWorks
project manager will coordinate AssetWorks project activities. AssetWorks will provide the following project
management services:
Serve as the main point of contact for The City Project Manager
Coordinate of project resources and work so that milestones are met in an efficient manner; tasks will be
designed so as to minimize implementation time and cost while taking into consideration resource and
time constraints such as The City staff availability
Work with The City to manage risks throughout the project
Present progress to The City Project Manager and/or to The City Project Sponsors (as required)
Attend project related meetings as needed to ensure timely resolution to open issues and action items
Develop project deliverables
Manage approval/sign-off processes
Manage action items
Manage scope control
Maintain project schedule and scheduled meetings
The AssetWorks Project Manager will ensure that sufficient resources are available to implement the system in
accordance with the project requirements. The AssetWorks Project Manager will monitor the project resources to
ensure quality delivery of services and that the deliverables are completed in accordance with the project
requirements.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 5
AssetWorks will assign a Professional Services Manager to provide additional subject matter expertise, monitor the
project resources and budget, and ensure quality delivery of services. The Professional Services Manager is The
City for any issues arising during the project while the Program Manager will provide
executive level communication and support.
Deliverable for Project Management Services
Update to relevant status reports prior to status meetings
Manage action items, issues and risks
Facilitate bi-weekly status meetings
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 6
WBS A.2.0 Hardware Acquisition
AssetWorks recommends the following hardware configuration and hardware specifications for The City
FleetFocus implementation. For optimal performance, AssetWorks recommends The City take advantage of
-tiered architecture. FleetFocus runs in the following tiers:
Web: the browser user interface
APP: the application
Database: the database
For this implementation, AssetWorks recommends Oracle or Microsoft SQL Server as the Relational Database
Management System (RDBMS). AssetWorks recommends the following specifications for the production
environment, based on assumptions of fewer than 700 equipment units. For this implementation, AssetWorks
recommends a Windows-based operating system on the application and web servers.
Hardware Requirements Small Operation
1 700 active assets
CPU Cores RAM Storage Space Network Card
Application/Web Server 2.4GHz Dual 4GB 100GB 100BaseT
Reporting Server
Integration Server
*The Application/Web, Reporting and, in some cases, the Integration Server are often combined onto
one machine for smaller operations.
Database Server 2.4GHz Quad 16GB 100GB 100BaseT
Workstation Specifications
A machine that meets the following specifications is recommended:
8 GB RAM
25 GB available hard disk space
Mouse and Keyboard
Minimum 17" Monitor
Windows 10
10/100/1000 Ethernet NIC
Desktop Operating Systems Tablet Operating Systems
IE 7 IE 8 IE 9 / IE 11 Edge Chrome Firefox IE 10 IE 11 Chrome Safari
10
17.0.x x x x x x x x
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 7
Primary certifications performed in Windows-based desktop operating system environments.
Other supported operating systems or platforms may have specific limitations per-device based on hardware or software.
Internet Explorer compatibility mode is not supported.
** Safari is only supported on iOS Tablet devices.
Additional Requirements For Any Configuration
In addition to the above, AssetWorks also recommends The City procure the following:
An appropriate number of printers
A standby power supply to protect the servers from power problems
Remote Management software to support remote diagnostic communications with AssetWorks
er to take better advantage of the FleetFocus screen
and window capabilities
Provision for disaster recovery
Customers are responsible for any site preparation or construction or communications or cabling infrastructure.
Customers are responsible to install any servers at any site. AssetWorks will not provide any operating system or
Relational Database Management System (RDBMS) software for the servers.
Virtual Machine (VM) Support
AssetWorks certifies and supports the Operating System (OS) and Relational Database Management System
(RDBMS) required by FleetFocus. Any VM software package that also supports the required OS and RDBMS of
FleetFocus can be used. VM software packages operate at the hardware abstract layer and AssetWorks does not
certify FleetFocus against specific hardware manufacturers.
Load Balancing Support
AssetWorks does not specifically certify or support specific load balancing implementations at either a hardware or
software level. Load balancing technologies can be used with FleetFocus as long as session persistence is enabled
within the load balancing technology. Session persistence is also commonly referred as sticky-sessions or session
stickiness. When a connection to the web application is made that session must persist on the server that the load
balancer distributes the connection to or stability issues may ensue in FleetFocus.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 8
WBS A.3.0 Software Installation Services
Prepare for the installation
The City will install the servers on The City network and ensure that the TCP/IP protocol is configured correctly.
The City will load the Relational Database Management System (RDBMS) on the servers as outlined in the
FleetFocus Installation Guide.
The City will install the hardware, operating system, and RDBMS software on the database, web, and application
servers. AssetWorks assumes that The City will install the servers and resolve network configuration issues that
arise as a result of the server operating system installation (in order to connect to The City wide area network).
The City will provide the required RDBMS, web server (the web server must use Microsoft IIS), and other operating
software (including licenses, media, and documentation) for this installation task. AssetWorks will work with The
City to correctly size the FleetFocus database and ensure The City network environment is ready for the new
system.
Database and applications
AssetWorks will assist in creating the test (or development) and production FleetFocus environments. AssetWorks
will work with The City to install the software on the server. The City is responsible for installing and configuring
software after these first installations (e.g., any other non-production instances of the application).
The City is encouraged to read the Administrator guide specific to installation prerequisites prior to scheduling the
installation. To avoid delays and additional costs in the installation process, The City will need to confirm that all
the software has been downloaded from the AssetWorks Customer Support website and that all of the
environment prerequisites are in place.
The City will devise a procedure to upgrade FleetFocus when AssetWorks makes new releases available. It is
recommended that The City document the procedure for making new versions of the system and documentation
available to all locations. The following resources are recommended:
Application Specialist This required resource must be familiar with Windows IIS-based web applications and
.Net components. During the installation, they will assist with the creation and configuration of the
applications web site. After the installation they will be responsible for applying application upgrades,
installing new releases, and maintaining the overall FleetFocus application. This resource will serve as the
contact.
Database Administrator - Required for reviewing the out of box database creation scripts prior to install and
potentially execute the database creation scripts. After installation, the DBA will perform regular database
backups, apply database upgrades, and general DBA related tasks to maintain an efficient performing
database.
Network Engineer A resource familiar with Windows TCIP networking and security is required at the start of
the implementation to assist with configuring the servers, connecting the servers to the network, and
managing firewall settings. This resource may also be needed to establish and maintain network connectivity
to user workstations. After installation these resources may be called upon to handle network and security
issues related to FleetFocus and user workstations.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 9
Deliverable for Software Installation Services
Installation of AssetWorks software
Test communication among solution tiers
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 10
WBS A.4.0 System Setup Services
System Set-up Consulting
AssetWorks will lead system setup sessions to complete the coding conventions for equipment numbering,
equipment classes, repair codes, PM schedules, PM parameters, PM checklists, and other items. AssetWorks will
also review the setup for all the modules being implemented as part of this project.
The City
purchasing, operations, and maintenance data prior to the meeting. The goal for these meetings is to achieve at
least 90% of the standard coding schemes and business practices required for system roll-out.
Finalize data definition and processes
The City will take action items from the System Set-up Consulting sessions to finalize the definition of all relevant
FleetFocus data elements and work processes, including maintenance, parts management, procurement, and
other job functions. The CityThe City
applicable FleetFocus data elements. This deliverable is a critical prerequisite to the development of the training
material for the rollout. AssetWorks will work with The City to prepare this documentation.
AssetWorks will work with The City team to configure FleetFocus per the discussed work flow. This configuration
will build on the setup defined with The City core team and will focus on specific decisions, such as location
options, department settings, etc. The City will perform setup tasks as assigned by AssetWorks.
Configure Modules
AssetWorks will provide an orientation for the following modules:
Shop Activity
Notifications
Enterprise Portal
Reporting
AdHoc Query
Motor Pool
Motor Pool Reservations
In addition, AssetWorks will consult with The City to configure the modules to facilitate the workflows for the
maintenance and back office functions. Configuration includes:
Assigning user groups for specific functions
Initializing notifications to facilitate business processes
Creating custom menus for specific user groups
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 11
WBS A.5.0 Data Conversion Services
Batch Processing
AssetWorks will provide a training session for batch processing for The City administrators. A user with a solid
understanding of Microsoft Excel will likely be able to grasp this tool and process very quickly. The City staff will
use Batch Processing to load its data into FleetFocus.
Assist with Data Loads for Equipment and Parts
The City will extract the agreed-upon data from its current systems. AssetWorks will consult with The City on data
The City data, but will not be responsible for the final cleansed data. The City will
The City data.
AssetWorks will provide Microsoft Excel templates to assist in loading data into FleetFocus. The City will convert
only the data that maps into FleetFocus. Data that does not map into FleetFocus will not be converted. Further,
only data elements that can be entered on a FleetFocus screen are part of this conversion. The City, with
assistance from Asse
The City
into FleetFocus. AssetWorks makes the following assumptions about the data from The City
The data files will be text-based flat files with one row of data per asset or per part.
The City will use default values for any data element that FleetFocus requires that is not in the data
file.
The City will provide each test data file and each production data file in exactly the same format.
The City will convert only Fleet master equipment records and Fleet master part records
The City shall provide one data file per data element.
AssetWorks will provide assistance in the form of troubleshooting errors in batch runs and providing
direction in the mapping of legacy data elements to FleetFocus fields.
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AssetWorks and The City will jointly resolve issues arising out of the data translation, including codes (if any) to be
changed. AssetWorks will help The City finalize the data mapping and identify the sources for each data element.
The City will be responsible for mapping old codes into new codes (i.e., translating) within the data set to be
converted.
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After AssetWorks and The City have jointly documented the data mapping and data load process, The City will test
the results from the data extractions. This process will require involvement from The City Information Technology
personnel supporting the existing systems.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 12
WBS A.6.0 Training Services
The training will be role-based and will differ for trainees from the various organizational and functional areas.
Each The City trainee will have the basic skills in the overall use of FleetFocus and strong knowledge of how to use
the application in his or her specific job function or area of expertise. The deliverables will not include remedial
training for computer skills or any computer-based training.
Training Preparation
AssetWorks will provide its standard training materials and begin scheduling and planning for the training. The City
is authorized to tailor the training materials to apply branding and match work flows specific to The City.
AssetWorks training materials assume all users are familiar with a Windows environment; the AssetWorks training
will not include any Windows or remedial computer training.
The training will cover work order functions; parts and labor posting functions; and other common features and
transactions. The topics and work flows included in the training will be those finalized by The City team during the
system setup and follow-up tasks. Any deviations in the defined and agreed upon work flow will cause delays and
added costs to the training.
AssetWorks will provide a master electronic version for The City Project Manager. The City will produce and
provide copies (across all roles) of the final training materials for use during the training sessions. The City will be
authorized to reproduce and use any training materials for ongoing training within The City.
The City Training
AssetWorks will provide up to 12 hours of end user training in the configured base application and add-on modules
for the roll-out of FleetFocus (according to the project plan) for up to twelve users (assuming The City
facility has a sufficient number of workstations for these training sessions). The topics and work flows included in
the training will be those finalized by The City team during the system setup and follow-up tasks. However, The
City should remain especially sensitive to necessary last-minute procedural changes or clarifications based on end
user feedback.
ĻĭŷƓźĭźğƓ ƩğźƓźƓŭʹ
In this course, participants will learn how to use the Technician portal as a maintenance tool to manage tasks they
perform on a day-to-basis. In hands-on exercises, participants will practice accessing the system, clocking in and
out, viewing work status and assignments, managing individual time reporting, posting time to work order tasks,
changing/adding tasks to work orders, requesting parts and completing PM checklists. Topics to be covered will
include:
Technician Portal overview
clocking In/Out
View work status and assignments
Create new work orders
Work order main page
Job on and off task
Modifying tasks
Add notes to tasks
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 13
Finding existing work orders
Posting indirect time
Viewing daily timesheet
Assigning service requests
Viewing work order history
Creating part requests
Component Warranty
Understanding the AssetViewer
Completing PM checklists
Work order postings
Put work order in Work Finished status
Executing reports
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In this course, participants will learn how to use the FASuite portals (Work Management, Screens, and Reporting)
to manage the daily operations within the maintenance areas. In hands-on exercises, participants will practice
creating repair and PM work orders, directing employee assignments, accessing equipment work order history,
managing service requests, generating PM schedules and executing reports. Training will cover the areas below
and additional areas necessary to answer questions regarding shop operations. Topics to be covered will include:
Work Management Portal overview
Employee management
Work order management
Filtering in the Work Management Portal
Work order assignment
Viewing existing work orders
Creating PM and repair work orders
Work order main page
Work order action buttons
Assigning work to a technician
Shop Calendar
Assigning service requests
Reviewing work order history
Creating part requests/issues
Understanding the AssetViewer
Work order postings (after the fact)
Posting labor adjustments
Review and close work orders
Executing reports
Web screen navigation
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 14
The City closely support the cutover, particularly after the
training concludes. This individual will be responsible for answering initial end user questions and, most
importantly, implementing subsequent changes or alterations to the documented procedures. AssetWorks
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 15
WBS A.7.0 Production Implementation Services
Production Cut Over
The City will commence live operations using FleetFocus. AssetWorks staff will provide up to 24 hours of on-site
for The City operation. This step is critical to success. AssetWorks expects that
place the same week.
During the post-implementation period, AssetWorks will provide support during normal working hours. When
possible and agreed, AssetWorks will provide support to multiple shifts on a given day (e.g., by covering the last
four hours of one shift and the first four hours of a second shift).
AssetWorks will remain closely involved during this very sensitive period. Of course, additional on-site and off-site
support is available to The City under a separate Statement of Work.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 16
AssetWorks proposes the following schedule to accomplish the tasks described below. This schedule is subject to
change and dependent upon individual conditions and circumstances encountered during the project. Please see
the complete project plan for more detail. AssetWorks will work with The City-
off to finalize the project schedule, which might extend the timeline below.
AssetWorks resources are scheduled after contract award.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 17
The following general assumptions apply to this proposal:
General
Professional services will be provided on a Time & Materials basis. All professional services delivered will
be invoiced at the beginning of each month following their delivery.
Only those optional modules identified in the accompanying license agreement are to be implemented
and are included in this Statement of Work.
Optional modules purchased after implementation has begun will require a change order or separate
statement of work for services related to installation, configuration and training.
Travel expenses will be reimbursed as incurred. Expenses include actual costs for lodging, air and ground
travel and per diem rates for meal expenses (corporate rate/government agreement).
This Statement of Work does not include any costs associated with third party vendors or software not
already provideed by AssetWorks that may be needed to complete the implementation.
AssetWorks is the author, owner, distributor and sole source provider of fleet management software,
FleetFocus, FA, M5,
Agreement.
Project Delays
When
considered sold to the customer, and as a result AssetWorks makes financial plans based upon the
revenues it expects to achieve from the full performance of the contract. It is impossible for AssetWorks
to know in advance whether or under what circumstances it would be able to resell the service days if the
customer does not use them, either as the result of delaying or canceling meetings, tasks or deliverables.
In most instances, when customers do not use the contracted time, AssetWorks is unable to resell those
days or services. Even when days or services may be resold, it is costly to re-market the services, and such
efforts divert effort to do so. While customer days
commitment to the customer. For these reasons, AssetWorks and the customer agree that in the event of
of execution, AssetWorks shall be due compensation equal to the contracted amount to deliver the
services cancelled including any travel expenses incurred in preparation for the delayed or cancelled
services.
Customer Resources
The City will provide the resources described in this Statement of Work to insure a successful
implementation of the products.
The City will appoint a single point of contact for the duration of the project. This person should have
project management responsibilities and decision-making authority. This person will be the focal point of
All key The City project team resources will be committed to the project as of the project start date.
The City commits to training appropriate functional and technical resources as required.
The City is responsible for all manual data entry.
The City will have all of the necessary and appropriate personnel at all of the meetings for the purpose of
defining the requirements of the system. If additional meetings are required to repeat discussions due to
the unavailabilty of The City resources, additional cost will be invoiced.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 18
AssetWorks will provide on-site training to The City (as outlined above) in a classroom environment
suitable for training. AssetWorks recommends class size to not exceed 12 users to insure proper attention
can be given to individual users and maintain the needed pace to ensure training sessions are completed
in a timely manner consistent with the training schedule.
The City will be responsible for preparing the training facility. The training facility should include hardware
comparable to that found in the actual work place. Some end-user training can take directly in the
storerooms or on the shop
All training sessions will be based on standard application training materials. The City will be responsible
for customizing training materials to meet its implementation requirements.
The City
In the event that The City schedules on-site services and due to circumstances within The City
duled personnel are unable to perform such services, AssetWorks will be entitled to
payment for each such scheduled personnel on the basis of an 8-hour day.
AssetWorks will need assistance from The City to coordinate training and roll-out schedules,
communications with field personnel and setting up training sites.
Infrastructure
The City will provide a project work area and infrastructure at the centralized implementation location
appropriate for the size of the combined The City/AssetWorks project team. This infrastructure should
include desks, chairs, telephones, and workstations with network access to printers and to the
applications and implementation databases.
hardware and peripheral equipment.
The City will be responsible for installing and configuring computer hardware and peripheral equipment
such as printers and bar code equipment (if applicable).
If The City hosts the application, The City will be responsible for establishing access to the FleetFocus
Application, and DBMS servers, providing all supporting software, hardware, and connectivity for the
application server.
The Web server must use Microsoft IIS.
Acquisition, installation, testing, support, and tuning of any additional required application software,
hardware, RDBMS, other software, peripherals and communications infrastructure will be the
responsibility of The City if The City is hosting the application.
The City will verify that the hardware environment is installed, configured and operating over the network
before scheduling the Software Installation if The City is hositng the application.
The City
The City is responsible for providing and maintaining TCP/IP connectivity with sufficient bandwidth from
System, server, and workstation backups are the responsibility of The City. This includes the development
and execution of the system backups and recovery programs if The City is hosting the application.
The City is permitted to implement a disaster-recovery environment, however unless specifically included
in this proposed Statement of Work, AssetWorks is not responsible for the installation, configuration or
support of this environment if The City is hosting the application.
The City will receive all standard, out-of-the-box reports at no extra cost; however The City is responsible
for providing the recommended Business Objects licenses to support the proposed Report Server
infrastructure. A single test and production reporting environment will be implemented.
The City
implemented.
The City will implement this solution such that all assets will be in a single producti
database.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 19
The City personnel assume the responsibility for applying software patches if The City is hosting the
application.
The following information technology services are not included in this Statement of Work: network
connections; telecommunications network(s); operating system, network and database administration;
disaster recovery planning; the acquisition, installation, testing and tuning of any required hardware,
operating software, peripherals and communications infrastructure.
If The City -Demand SaaS
service, the Software Installation phase and NHDO technical support described in this proposed
Statement of Work are no longer required. A separate start-up fee will be invoiced following the contract
execution for the installation of The City
Project Management and Risk Factors
The City and AssetWorks will agree on scope, services, and deliverables for optional modules and services
prior to the Notice to Proceed.
The City project manager will be responsible for obtaining any required authorizations, approvals and/or
signoffs by The City related to project deliverables and project progression in a timeframe in alignment
with the project work plan. Delays to this process as well as any The City tasks not completed within the
work plan timeframe will be subject to the Change Order Management process, delayed deadlines, and
increased services fees.
This Statement of Work does not include the expenses associated with The City or The City resources
assigned to the project.
The City remains responsible for all integration effort not described in this Statement of Work
The project schedule is contingent upon the timely attainment of several external milestones that are
outside the control of AssetWorks. Examples include but are not limited to the acquisition of the requisite
software licenses and hardware and the approval of requisite capital appropriation requests as required.
Circumstances may necessitate changes to the tasks and/or time estimates, at which time AssetWorks
and The City will discuss these changes in good faith at their earliest opportunity.
This proposed Statement of Work includes implementation support for only those optional modules,
interfaces, and modifications listed in the task list. Any change to the proposed Statement of Work,
particularly the implementation services, data conversion, interfaces, and application modifications, will
be documented and follow the same procedures for new enhancements or change orders.
Unless otherwise noted, all integration, enhancement and report development effort quoted in this
proposed Statement of Work is an ESTIMATE e providing similar services
for other clients based on our current understanding of the requirements. AssetWorks will develop a
detailed Development Specification and Quote for all services before proceeding with any development.
This Statement of Work includes services to determine The City
development specifications and quotes for only those development items identified in this Statement of
Work. Any requirement analysis and specification work for additional items not identified in this
Statement of Work would be done on a time and materials basis.
Training Facilities
AssetWorks will provide on-site training in a classroom environment suitable for training. The City will be
responsible for providing and preparing the training facility. AssetWorks recommends class size to not exceed 12
users to insure proper attention can be given to individual users and maintain the needed pace to insure training
sessions do not run over. The training facility should include hardware comparable to that found in the actual work
place.
AssetWorks Confidential and Proprietary | April 10, 2018
STATEMENT OF WORK
PAGE 20
Logistical and Scheduling Support
AssetWorks will need assistance from The City to coordinate training and roll-out schedules, communications with
field personnel and setting up training sites.
Procedures for Handling Change Orders
Any change to the proposed statement of work, particularly the implementation services, data conversion,
interfaces, and application modifications, will be documented and follow the same procedures for new
enhancements.
For instance, any software modification, interface or conversion plan will be included in a functional specification
developed by AssetWorks. AssetWorks will work with The City to understand the specific requirements and will
create a detailed functional specification. Each specification will be reviewed with The City Project Team with the
final action item being The City sign-off so that the changes can procedure to a development stage. Once
development has been completed, any software changes will pass through a detailed quality assurance phase.
Once delivered to The City, AssetWorks will review the changes that will conform to The City approved
specifications. Upon testing and review, AssetWorks will secure The City sign-off on the final software changes.
Confidentiality
This proposed Statement of Work (SOW) contains CONFIDENTIAL INFORMATION of AssetWorks LLC. In
consideration of the receipt of this document, The City agrees to not reproduce or disclose this information except
to The City .
AssetWorks Confidential and Proprietary | April 10, 2018
AGENDA BILL
CITY OF BREMERTON
A5
CITY COUNCIL
SUBJECT: Interlocal Agreement with the Study Session Date: May 9, 2018
Port of Bremerton for Design Oversight for
COUNCIL MEETING Date: May 16, 2018
the Puget Sound Industrial Center
Department: Public Works
Bremerton to Belfair Sewer Connection
Presenter: Chal Martin
Project
Phone: (360) 473-5758
SUMMARY: This interlocal agreement provides for Port involvement in design oversight of the
proposed sewer extension into PSIC-Bremerton from the Belfair wastewater treatment plant.
ATTACHMENTS:
1) Proposed interlocal agreement
FISCAL IMPACTS (Include Budgeted Amount):
There is no cost for this agreement.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve an interlocal agreement with the Port of Bremerton for design oversight, 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 01/02/2018
INTERLOCAL AGREEMENT
BETWEEN
THE PORT OF BREMERTON AND THE CITY OF BREMERTON
RELATED TO PARTICIPATION IN EXECUTIVE AND TECHNICAL
COMMITTEES PROVIDING PROJECT DESIGN OVERSIGHT TO THE
PUGET SOUND INDUSTRIAL CENTER BREMERTON TO BELFAIR
SEWER CONNECTION PROJECT
____________________
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the ________ day of
________________________, 2018, by and between the Port of Bremerton (Port), and the
City of Bremerton (City) (collectively the Parties).
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies; and
WHEREAS, Mason County owns and operates a water reclamation facility near Belfair,
Washington, with available capacity to treat sanitary sewage that may be generated from the
Puget Sound Industrial Center Bremerton (PSIC-Bremerton); and
WHERAS, the Port owns and operates a sewer treatment facility which provides sewer
,
industrial areas are located within PSIC-Bremerton ; and
WHEREAS, both the Port and the City are interested in improving the availability of
sanitary sewer service within the larger PSIC-Bremerton geographic area; and
WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the
upcoming Belfair Bypass project appear to provide an opportunity to discuss extending sanitary
sewer service to PSIC-Bremerton; and
WHEREAS, to that end the City has entered into an interlocal agreement with Mason
County to pursue design of a system extension to serve PSIC-Bremerton; and
WHEREAS, the State of Washington, through its Department of Commerce, has
appropriated $515,000 for the purpose of studying the possible design of new sanitary sewer
transmission facilities to serve PSIC-Bremerton; and
WHEREAS, the City, through its Sewer Capital Budget, has committed an additional
$400,000 in 2018, $400,000 in 2019, and $200,000 in 2020 to be invested into this design effort
and other related planning efforts focused toward the goal of providing improved sewer service
Page 1
Interlocal Agreement Between the Port of Bremerton and the City of Bremerton for PSIC Sewer Design Oversight
to PSIC-Bremerton; and
WHEREAS, the City has requested the Port participate in oversight of the design process
tee and the Technical Committee to
ensure robust communication among and between all involved stakeholders; and
WHEREAS, the City and the Port wish to work cooperatively to provide improved
sanitary sewer service to PSIC-Bremerton.
NOW, THEREFORE, in consideration of their mutual covenants, conditions and
promises, THE PARTIES AGREE as follows:
1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the Port and the
City to work cooperatively to oversee the initial analysis and feasibility of potential designs for a
sewer system extension from the Belfair Water Reclamation Facility, through participation on
the Executive Committee and the Technical Committee.
2. ADMINISTRATION OF AGREEMENT: The CEO of the Port will administer this
Agreement for the Port. The Bremerton Public Works and Utilities Director will administer this
Agreement for the City.
3. FUTURE AGREEMENTS: This Interlocal Agreement envisions the possibility of
amendments to this Interlocal Agreement which may address future cooperative efforts, should
subsequent phases develop; however, nothing in this Agreement shall be construed to bind either
party to any future course of action, including but not limited to agreement to utilize the Belfair
Water Reclamation Facility, contract with Mason County for such use, or commit any capital
investments toward such effort.
6. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of
this Agreement by both the Port and the City, and shall remain in effect until December 31,
2019. This Agreement may be extended one or more times by mutual agreement of both parties,
in writing, for a duration no longer than one (1) year.
8. TERMINATION OF AGREEMENT: Either the Port or the City may terminate this
Agreement by giving ten (10) days written notice to the other party.
9. PORT EMPLOYEES: Port employees pursuant to this Agreement remain employees of
the Port at all times and shall perform the work envisioned under sole supervision of the Port.
10. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of
the City at all times and shall perform the work requested under sole supervision of the City.
11. REIMBURSEMENT: At the mutual agreement of the Parties, either party may
Page 2
Interlocal Agreement Between the Port of Bremerton and the City of Bremerton for PSIC Sewer Design Oversight
reimburse the other for specifically defined services which constitute a work program or project.
12. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is
created by or pursuant to this Agreement.
13. INDEMNIFICATION
A. The City shall defend, indemnify and hold harmless the Port, its officials, officers,
employees and agents, for all claims, liabilities, damages, expenses
and suits arising from negligence of the City and its agents.
B. The Port shall defend, indemnify and hold harmless the City, its officials, officers,
employees and agents, for all claims, liabilities, damages, expenses
and suits arising from negligence of the County and its agents.
C. In cases of concurrent fault of the City and Port, the above provisions requiring
are valid and enforceable only to the extent of the fault of the respective parties.
D. Solely for purposes of the indemnification provisions, each party waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
E. The indemnification provisions shall survive the expiration or termination of this
agreement.
14. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with
all applicable rules and regulations pertaining to them in connection with the matters covered
herein.
15. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation
or duty herein without the express written consent of the other party.
16. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions
herein, each party shall
17. NOTICES:
All notices hereunder may be delivered or mailed. If mailed, they shall be sent to the
following respective addresses:
To the Port of Bremerton: To Bremerton:
Page 3
Interlocal Agreement Between the Port of Bremerton and the City of Bremerton for PSIC Sewer Design Oversight
Port of Bremerton City of Bremerton
th
Chief Executive Officer 345 6 Street, Suite 100
8859 S.W. State Hwy 3 Bremerton, WA 98337
Bremerton, WA 98312 Attn: City Clerk
Utilities and Waste Management
Phone: (360) 427-9670 Phone: (360) 473-5920
or to such other respective addresses as either party may hereafter designate in writing. All
notices and payments mailed by regular post (including first class) shall be deemed to have been
given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have
been given on the day next following the date of mailing, if properly mailed and addressed. For
all types of mail, the postmark affixed by the United States Postal Service shall be conclusive
evidence of the date of mailing.
18. NON-DISCRIMINATION POLICY: The Parties agree not to discriminate in the
performance of this Agreement because of race, color, national origin, sex, sexual orientation,
age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any
physical, mental sensory handicap, or other status protected by law.
19. FILING: This document shall be filed with the Kitsap County Auditor pursuant to RCW
39.34 .
20. ENTIRE AGREEMENT: This Agreement 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.
21. 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 Pierce County Superior Court.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day
and year first above written.
DATED this , day of , 2018
CITY OF BREMERTON PORT OF BREMERTON
BOARD OF COMMISSIONERS
_________________________________
Greg Wheeler, Mayor Axel Strakeljahn, President
Page 4
Interlocal Agreement Between the Port of Bremerton and the City of Bremerton for PSIC Sewer Design Oversight
_________________________ _________________________________
Date Larry Stokes, Vice President
_________________________________
Cary Bozeman, Secretary
ATTEST: ATTEST:
_________________________ _________________________________
Shannon Corin, City Clerk Ginger Waye, Clerk of the Board
Approved as to form: Approved as to form:
_________________________________ _____________________________
Roger A. Lubovich, City Attorney Attorney, Port Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________)
ON THIS ___________________ day of ________________, 2018, before me,
personally appeared __________________________ and __________________________, to me
known to be the __________________ and _______________ of ________________________,
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
Page 5
Interlocal Agreement Between the Port of Bremerton and the City of Bremerton for PSIC Sewer Design Oversight
__________________________________________
Notary Public in and for the State of Washington,
Residing at ________________________________
My commission expires ______________________
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________)
ON THIS ___________________ day of ________________, 2018, before me,
personally appeared __________________________ and __________________________, to me
known to be the __________________ and _______________ of ________________________,
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
__________________________________________
Notary Public in and for the State of Washington,
Residing at ________________________________
My commission expires ______________________
Page 6
Interlocal Agreement Between the Port of Bremerton and the City of Bremerton for PSIC Sewer Design Oversight
AGENDA BILL
CITY OF BREMERTON
A6
CITY COUNCIL
SUBJECT: Purchase of Athletic Field Study Session Date: May 9, 2018
Lighting System from Musco Lighting for
COUNCIL MEETING Date: May 16, 2018
Manette Park Improvement Project
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The City of Bremerton applied for and received funding from the Recreation and
Conservation Office Youth Athletic Facilities grant in the amount of $250,000 for improvements to
the Manette Park Athletic Field. A major scope item was the replacement of the failing wooden light
poles and incandescent light fixtures. The existing 8 wooden poles show signs of decay and have
reached their useful service life. The upgraded system will feature 4 steel poles located away from
the play surface and new energy efficient LED light fixtures featuring reduced light spillage into the
neighborhood. Additionally, an upgraded lighting control system will provide for integration into
existing computer controlled scheduling applications.
Equipment pricing has been competitively solicited and publicly awarded through the King County
Directors Association Purchasing Cooperative (KCDA). Total Equipment Cost: $70,060 plus WSST.
ATTACHMENTS: 1) Musco Lighting Quote #129321; 2) KCDA Contract Information and Contract
Extensions
FISCAL IMPACTS (Include Budgeted Amount): Funding budgeted in the 2018 Parks Capital
Construction Fund as part of the Manette Park Improvement Project.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of athletic field lighting equipment from Musco Lighting through the
King County Directors Association Purchasing Cooperative in the amount of $70,060 plus
Washington State sales.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
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AGENDA BILL
CITY OF BREMERTON
B1
CITY COUNCIL
SUBJECT: Public Hearing and Resolution Study Session Date: May 9, 2018
No. to adopt the 2019 CDBG/HOME
COUNCIL MEETING Date: May 16, 2018
Policy Plan; and Announcement of the
Department: DCD-Block Grant
Release of the 2019 Notice of Funding
Presenter: Sarah Achaoui
Availability
Phone: 360-473-5375
SUMMARY: The action before Council is adoption of the 2019 Policy Plan. The Policy Plan is a
document which is updated yearly which sets parameters for the management of our HUD
entitlement grant awards and provides specific information about the policies and regulations for the
use of HUD CDBG and HOME funds. This plan was released on April 11th for public comment, and
to date there have been no comments made. Staff is also announcing the release of the 2019 Notice
of Funding Availability.
ATTACHMENTS:
I. Staff Memo
II. Proposed Resolution
i. Exhibit A-2019 Policy Plan
III. 2019 Notice of Funding Availability
FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts to the City.
STUDY SESSION AGENDA: No Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION: Move to approve the Resolution No. ____ adopting the 2019
CDBG/HOME Policy Plan.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
DEPARTMENT OF
COMMUNITY DEVELOPMENT
M EMORANDUM
To: Bremerton City Council
From: Sarah Achaoui
Date: May 9, 2018
Re: Public Hearing to adopt the 2019 Policy Plan
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 Block grant and HOME funds.
Policy Changes for 2019
1. Project Review Committee members will be appointed for a two year term
2. City of Bremerton will transition from paper applications to online applications via the online
portal Fluid Review.
3. The City will implement a City-wide weatherization and minor home repair program with
unspent 2014 CDBG funds
the NRSA. The City will release a Request for Proposals to search for a subrecipient to
implement this program.
Important components of the Policy Plan
Separate RFP for Weatherization and Minor Home Repair
The City will release a separate Request for Funding Proposals utilizing non-targeted roll-over funds
from 2014 (prior to Consolidated Plan targeting funds: $68,033). During the 2018 funding interview
process the Project Review Committee made a recommendation which was approved by the City
Council to provide annual funding for a City-wide weatherization and minor home repair program.
2019 will be the first year where funding will be set-aside for this project.
Mandatory Technical Assistance Session
All potential applicants who have never received CDBG funding before, or who have never utilized the
Fluid Review System must attend a technical assistance session. This session will be held on Thursday,
June 28th beginning at 10:00 am at th
room.
FY 2018 Income Limits
All projects will utilize the HUD FY 2018 Income Limits. As a statutory requirement these income limits
which are based off the Bremerton-Silverdale MSA must be used.
Public Comment
A 30-day public comment period commenced April 11, ending May 16.
RESOLUTION NO. ____
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2019 City of Bremerton
CDBG/HOME Policy Plan.
WHEREAS, the City of Bremerton (City) is an entitlement community which
receives a Community Development Block Grant (CDBG) each year from the Department of
Housing and Urban Development (HUD), and also receives funding from HUD's Home
Investment Partnerships (HOME) fund via an inter-local agreement with Kitsap County; and
WHEREAS, the Department of Community Development Block Grant staff
estimates a 2019 CDBG allocation of $4500,000 with 20% set-aside for administration; and
WHEREAS, the Department of Community Development Block Grant staff
estimates a 2019 HOME allocation of $159,933, 10% of which will be set-aside for
administration, 15% for Community Housing Development Organization projects; and
WHEREAS, all projects must meet both a Consolidated Plan Funding Priority as
well as a Council Priority, both of which are detailed in the Policy Plan; and
WHEREAS, all funding will be allocated competitively to eligible applicants for
projects that fit the requirements set forth in the CDBG regulations at 24 CFR part 570 and
HOME regulations at 24 CFR part 92; and
WHEREAS, the Department of Community Development CDBG/HOME staff
th
advertised in the Kitsap Sun and posted on the City's website on Wednesday, April 11 a 30-day
th
written public comment period commencing April 11, 2018, ending May 11th, 2018, and open
th
for public comment in a public hearing on May 16; and
WHEREAS, comments received will be shared with the City Council; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals and findings of fact set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. The 2019 CDBG/HOME Policy Plan attached hereto as Exhibit A
is hereby adopted.
1
2019 CDBG/HOME Policy Plan
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of _____________, 2018.
____________________________________
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
__________________________________ ____________________________________
ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk
2
2019 CDBG/HOME Policy Plan
City of Bremerton
Community Development Block Grant
2019 CDBG/HOME
POLICY PLAN
CDBG/HOME POLICY PLAN
Contents
Executive Summary…………………………………………………………………1
Community Development Block Grant Program………………………………1
CDBG Funding……………………………………………………………………….2
HOME Funding……………………………………………………………………….5
Allocation Process…………………………………………………………………..7
Policies & Regulations for Use of Funds........................................................8
Neighborhood Revitalization Strategy Area………………………………….…10
Citizen Participation Plan…………………………………………………….........14
Consolidated Plan……………………………………………………………………15
Appendix A – Citizen Participation Plan
Appendix B- Funding Process
Appendix C – CDBG Eligibility Requirements & Program Rules
Appendix D – Conflict of Interest Policy
Appendix E – Map
Appendix F – Glossary
CDBG/HOME Policy Plan 2019
Executive Summary
The 2019 City of Bremerton CDBG/HOME Policy Plan provides guidance for applicants applying for
2019 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 2019
grant application cycle will be included in the Year 4, Action Plan associated with the 2016-2020
Consolidated 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.
Policy Changes for 2019:
1. Project Review Committee members will be appointed for a two year term.
2. City of Bremerton will utilize the online portal Fluid Review for review and submittal of funding
applications.
3. The City will implement a City-wide weatherization with unspent 2014 CDBG funds. These funds
were allocated prior to the City’s targeting of funds to the NRSA. This City will release a Request for
Proposals to search for a subrecipient to implement this program.
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
1
CDBG/HOME Policy Plan 2019
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 and therefore the City receives its own CDBG funds directly.
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.
CDBG FUNDS
WHAT ARE CDBG FUNDS?
The Community Development Block Grant (CDBG) program is a flexible program that provides
communities with funding to address a wide range of unique community development needs.
The program is authorized by Title I of the Community Development Act of 1974. Funds are
used to assist in the development of decent housing, create suitable living environments, and
expand economic opportunities primarily for persons of low and moderate income. All projects
funded with CDBG must meet one of the three national objectives:
1. Principally benefit low and very low income households;
2. Reduce or prevent slum and blight; or,
3. Meet an urgent need (emergency or natural disaster)
WHO IS AN ELIGIBLE APPLICANT/RECIPIENT?
Eligible applicant/recipients include:
City or County governments
Public and private nonprofit organizations (501(c)3)
Section 301(d) small business investment companies
Local development corporations
Private for-profit organizations may implement certain capital, economic development
and microenterprise activities (please contact the Block Grant Administrator to confirm if
your activity is eligible).
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 City requirements for contracting agencies such as insurance requirements,
audit and financial requirements.
2
CDBG/HOME Policy Plan 2019
FUNDING PRIORITIES
All Projects MUST meet one of the following Consolidated Plan funding priorities:
Revitalize targeted neighborhoods;
Improve and preserve affordable homeownership housing;
Expand economic opportunities for very-low, low, and moderate income Bremerton residents;
Abate Blight conditions within the designated blight area (see map in Appendix E);
Increase homeownership opportunities for low to moderate income Bremerton residents.
If the applicant cannot associate its project with one of the funding priorites listed above the project will
be deemed ineligible for funding.
For the 2019 Program Year Bremerton City Council has chosen the following priorities for use of
funds:
Capital Projects in the Target Area (See map in Appendix E)
o Additional Points will be provided for projects that create or support units
of affordable housing
City-Wide Job Training Programs
City-Wide Weatherization and Minor Home Repair
Proposals for Activities that do not meet these funding priorities will not be eligible for
funding.
WHAT ARE 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
Eligible activities are defined in the CDBG Federal program regulations at 24 CFR 570.201 and
570.207.
Examples from CFR include:
Acquisition of real property by purchase, lease or donation;
Acquisition, construction, reconstruction, rehabilitation or installation of public facilities
and improvements;
Childcare Center 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;
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;
3
CDBG/HOME Policy Plan 2019
Projects that create or support affordable housing
Council has requested that any projects that lead to the creation or support of affordable
housing will have additional preference during application review
Acquisition, rehabilitation of rental housing;
In Rem housing-CDBG funds may be used to make essential repairs and payment of
operating expenses needed to maintain the habitability of housing units acquired through
tax foreclosure proceedings in order to prevent abandonment and deterioration of such
housing in primarily LMI neighborhoods;
Conversion of a closed building from one use to a residential use (such as a closed
school building to residential units);
New construction must be undertaken by a Community Based Development
Organization only
Site clearance and site improvements
3. City-Wide Job Training Programs
Assistance to carry out economic development projects for job training purposes;
The following activities are generally not eligible for CDBG funding:
New residential housing construction, except in special circumstances
Regular government operations
Buildings such as city halls, police stations, or other buildings primarily for the general
conduct of government (except for the removal of architectural barriers)
Income payments such as payments to individuals or families for food, clothing, or rent,
except in certain circumstances
Political activities
Vehicles and Equipment
4. City-Wide Weatherization and Minor Home Repair
To be allocated via a separate RFP process
Note: The above lists are not comprehensive. For a complete list of eligible or ineligible
activities refer to CDBG regulations in 24 CFR 570.201 and 570.207
Beneficiaries of projects receiving CDBG funds must have incomes below 80% of the area
median income.
LMI Housing National Objective
If a grantee wishes to qualify a housing rehabilitation, acquisition or construction activity under
the LMI national objective, the housing national objective must be used. LMI area, LMI limited
clientele or LMI job creation may not be used.
A LMI household must occupy a structure with one unit. Two-unit structures must have
at least one unit occupied by a LMI household. If the structure contains three or more
units, at least 51 percent must be LMI occupied.
4
CDBG/HOME Policy Plan 2019
When housing rehabilitation or new construction single family housing activities are
conducted by a CDFI or as part of a HUD-approved Neighborhood Revitalization
Strategy multiple units (e.g. scattered site housing) may be aggregated for the purposes
of meeting the LMI benefit national objective.
Rental Housing (both new construction and rehabilitation) activities that provide or improve
permanent residential structures can only qualify as benefitting LMI households under the
Housing criteria of the LMI benefit national objective, which deals with the occupancy of units
by LMI households.
The general rule is that 51 percent of the units in each assisted structure are to be
occupied by LMI households. However, when rental housing activities are carried out by
a CDFI or as part of an approved NRSA, multiple units (e.g. scattered site housing) may
be aggregated for the purposes of meeting the LMI benefit National Objective.
Rental Rates
In order to meet the LMI housing national objective, rents in CDBG-assisted rental
projects must be set at levels which are affordable to LMI persons.
Grantees are required to adopt and make public their standards for determining
“affordable rents”
The generally accepted affordability standard is that households pay no more than 30
percent of income for rent and utilities. However, use of this standard is not required by
CDBG regulations.
Grantees may want to establish rent limits or ceilings based on local LMI limits and
bedroom sizes. However, each project must be undertaken in such a manner as to
ensure that rents are truly affordable to LMI persons.
HOW MUCH MONEY IS AVAILABLE?
CDBG programs are federally funded through the Department of Housing and Urban
Development. Funding levels are determined byHUD after the Federal Budget is finalized,
which oftenoccurs afterthe 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 beloware estimates. If HUD allocates a different amount to these programs than what was
estimated, actual fundingawards will be increased or decreased to accommodate the
discrepancy.The estimated funds below are based on 2018allocations and historic funding
trends.
The following table (on next page) shows an overall view of the totalestimated amount of funds
available in this application cycle by the application type and funding sources. Pleasenote that
the City of Bremerton is basing thisestimate on an amount of $40,000.There is nodesignated
amount for application type, applicants are encouraged to apply for the amount of funding they
need to complete a project. Please note that projects with multiple sources of fundingwill be
more competitive than projects that are utilizing CDBG as theironlyfunding source.
5
CDBG/HOME Policy Plan 2019
WHAT IS THE DISTRIBUTION OF CDBG FUNDS?
The CDBG program allows 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:
CDBG
Planning & Administration – 20% max
City-Wide Job Training Programs
Capital Projects in Target Area
o Projects which create units of affordable housing will be given priority and additional
points in the review process
City-Wide Weatherization and Minor Home Repair
o Unspent funds from the 2014 program year that have rolled forward due to the City’s
requirement to spend program income first
o The City will release an RFP to implement a City-Wide Weatherization and Minor
Home Repair Program
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.
$40,000
Estimated2019Entitlement
Estimated2019ProgramIncome$5,000
2019Total$45,000
2019FundingAvailableforGrantAdministration(20%of
Entitlement+ProgramIncome)$1,000
2019FundingAvailableforGrantApplications$34,000
PriorYearReallocated"NonTargeted"Funds
$68,033
2014
AdditionalFundingAvailablefor
$68,033
CitywideWeatherization*
*In2018theProjectReviewCommitteerecommended
fundinganannualCityWideWeatherizationandMinor
HomeRepairProgram(SeeAppendixBformoredetails)
6
CDBG/HOME Policy Plan 2019
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.
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 tena
nts
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 eligible for HOME funding:
Project reserve accounts, except for the initial 18 months of a HOME assisted new
construction project
Emergencyhome 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
7
CDBG/HOME Policy Plan 2019
Note: The above lists are not comprehensive. For a complete list of eligible or ineligible
activities refer to HOME regulations in 24 CFR 92.205
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.
HOW MUCH MONEY IS AVAILABLE?
$ 159,933.31 (Estimated) 2019 Funds – This includes $26,655.55 for CHDO
$26,467 (Estimated) 2018 CHDO Funds
Eligible Activities:
Acquisition, preservation, or rehabilitation of existing housing, and homebuyer assistance.
Priorities:
Funding priority for City of Bremerton HOME funds is for projects that increase homeownership
opportunities for low to moderate income Bremerton residents through improving and preserving
affordable housing in the Bremerton City Limits.
ALLOCATION PROCESS
HOW ARE FUNDS ALLOCATED?
The City of Bremerton, in conjunction with Kitsap County, the Affordable Housing Grant
Program and Homeless Housing Grant Program, conduct a competitive funding application
process for HOME funds. The City independent from the County will create a Request for
Funding Proposal (RFP) for CDBG funds based on its priorities for use of funds which is
separate from the process used for HOME funds. The request for funding proposals will be
released in June and a city-driven process will be used to determine funding allocations for
HOME/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.
HOW CAN MY ORGANIZATION APPLY?
For the 2019 program year the application cycle will begin with the release of the Policy Plan in
May and the 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 funding applications
will be made available on-line.
8
CDBG/HOME Policy Plan 2019
Interested organizations can find the funding application and all associated information on the
City web site at http://www.ci.bremerton.wa.us/display.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.
WHEN WILL FUNDS BE AVAILABLE?
Funds for the programs taking place in the 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 & 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.gov/213/Subrecipient-CDBG-HOME-Guidebook.
You may also contact the City Block Grant Staff for additional assistance.
All new applicants for 2019, and applicants who are unfamiliar with Fluid Review will be required
th
to attend a Technical Assistance session on July 26 beginning at 10:00 am in the Mayor’s
th
Conference room on the 6 floor of the Norm Dicks Government Center.
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
applicablepolicies, 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 will withhold up to 10% 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
9
CDBG/HOME Policy Plan 2019
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;
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 these programs. This guide and can be downloaded from:
http://archives.hud.gov/offices/cpd/affordablehousing/modelguides/1780.pdf
4.Project/Activity 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:
Organizations awarded CDBG or HOME funds must enter into a written
agreement with the City during the award year (i.e. Funds awarded for 2019 must
have an agreement executed by Dec. 31, 2019).
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:
Projects using HOME funds to acquire vacant land must be under construction
within 12 months of the commitment date.
10
CDBG/HOME Policy Plan 2019
Organizations must begin drawing funds within one year of the contract
execution date (date the contract was signed by the 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
Recipient of CDBG funds must agree to restrict the use of the property, which was
acquired anr which the
d/or improved using CDBG funds, to the intended purpose fo
funds were awarded. Projects awarded HOME funds are subject to an affordability
period which places certain restrictions on occupancy, resale, and rent for rental
properties.The City may require a recorded document to be attached to the property to
ensure the appropriate provisions are secured. See Appendix B for CDBG eligibility
requirements.
Neighborhood Revitalization Strategy Area
The City of Bremerton has an approved Neighborhood Revitalization Strategy Area (NRSA)
which matches the target area for use of CDBG funds (See attached map, Appendix E).
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 Low/Moderate Income (LMI) area benefit national objective requirements.
me of newly
Businesses that receive such assistance need not track the specific inco
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.
11
CDBG/HOME Policy Plan 2019
-This reduces 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 aograms.
nd document regarding its pr
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 contact your CDBG Administrator.
C.CDBG FUNDING - SPECIFIC REQUIREMENTS
1.For more information on specific rules and requirements of CDBG, including meeting a
National Objective, please see Appendix BCDBG Eligibility & Program
Requirements.
D.FINANCIAL MANAGEMENT
1.Uniform Administrative Requirements
Agencies must comply with 2 CFR ments, Cost
200 Uniform Administrative Require
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 Circular A-133 Compliance Supplement. Agencies are responsibleto meet this
audit requirement.
Agencies that do not meet the $750,000 threshold mandatory A-133 audit are
encouragedto 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
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CDBG/HOME Policy Plan 2019
services. Procurement requirements are contained in 2 CFR Part 200. Additional information
on procurement requirements can be found in Section E of the CDBG/HOME Guidebook on
the City of Bremerton Block Grant Program Website.
F.ENVIRONMENTAL REVIEW
1.Environmental Review (24 CFR Part 58)
All CDBG/HOME projects must have a National Environmental Policy Act (NEPA)
compliant es
nvironmental review process completed before any funds, including fund
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 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 taward as project
o the grant
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
environment
al review (i.e. Phase I Environmental Site Assessment, Geotechnical.
Report, Cultural Site Assessment, etc.) will be in addition to the costs associated with
preparationof the NEPA environmental review and will be the responsibility of the
subrecipient.
G.EQUAL OPPORTUNITY & 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 Rights Act of 1964: No person may be excluded from participation
in, denied the benefits of, or subjected to discrimination under any program or activity
receiving Federal assistance on the basis of race, color or national origin (24 CFR
Part 1).
b.The Fair Housing Act: Prohibits discrimination in the sale or rental of housing, the
financing of housing or the provision of brokerage services against any person on the
basis of race, color, religion, sex, national origin, handicap or familial status (24 CFR
Part 100-115).
c.t individuals on the
Equal Opportunity in Housing: Prohibits discrimination agains
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.Age 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.gov/offices/fheo/progdesc/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.
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CDBG/HOME Policy Plan 2019
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
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.
Additional information on equal opportunity and accessibility can be found in Section G
of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web
sites.
H.LABOR STANDARDS & 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 Employment Opportunity: Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Provisions to effectuate this prohibition must be included in all construction contracts
exceeding $10,000 (41 CFR Part 60).
b. Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the
greatest extent feasible, opportunities for training and employment arising from
CDBG or HOME funded projects will be provided to low-income persons residing in
the program service area.
c. Minority/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 Safety 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 City of Bremerton Block Grant Program web site.
3. Lead-Based Paint Hazard (24 CFR Part 35)
14
CDBG/HOME Policy Plan 2019
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:
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 City
of Bremerton Block Grant Program web site.
4. Compliance with Codes & 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 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.
I.REPORTING & 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 & RELOCATION
1. Uniform Relocation Assistance & Real Property Acquisition (49 CFR Part 24)
These regulations apply to any federally-assisted project involving acquisition, demolition
or rehabilitation. Proposals for CDBG and HOME funded projects that are likely to
cause displacement of people or businesses are discouraged. Any project that is likely
to cause displacement must include relocation assistance payments in the budget and
be consistent with the Federal Uniform Relocation Act. Projects which trigger this
regulation must follow the Anti-displacement and Relocation Assistance Plan which can
be provided to you by request. 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
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CDBG/HOME Policy Plan 2019
regulation must follow the Anti-displacement and Relocation Assistance Plan which
can be accessed by making a request to City Block Grant staff.
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 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 submittal of the 2019 action plan will be for year four.
The Consolidated Plan requires a jurisdiction to identify all of its housing and community
development needs, and then develop a long-term strategy for meeting those needs. A key part
of the strategy is setting priorities. The Plan identifies priority housing needs, non-homeless
special needs, homeless needs, economic development and community development needs.
The Consolidated Plan also indicates what programs and resources will be used over the 5-year
planning period. The plan contains objectives and strategies to address the identified needs
and estimates the resources needed to fund activities to address the different needs.
WHAT ARE THE KEY PARTS OF THE PLAN?
A. Housing & Community Development Needs Assessment
This is the part of the Plan that has U.S. Census Bureau information and other
information which presents a picture of the jurisdiction. People are the focus of the
“Needs” section of the plan. The emphasis is on the human side of housing and
community development including the needs of homeless people, people with special
needs and those who are low-income.
B. The Housing Market Analysis
This part of the Plan describes the physical “bricks and mortar,” side of housing – the
supply side of housing. It looks at what housing exists. When the housing conditions in
16
CDBG/HOME Policy Plan 2019
this part of the plan are lined up with human needs in the previous part of the plan, a
clear picture of what must be done should emerge.
C. The Strategic Plan
The Strategy is the part of the Consolidated Plan where the County and City sets out
how it intends to use its CDBG and HOME funds from HUD’s Department of Community
Planning and Development over the next five years. The strategy must declare what
priority the local government will give to the various housing and community
development needs identified earlier in the Consolidated Plan; the activities designed to
respond to those needs; and the different geographic areas where needs exist.
D. Annual Action Plan
The Action Plan is the one-year plan a jurisdiction must have to show how it is carrying
out its long-term Strategic Plan. It shows how the jurisdiction will spend its CDBG and
HOME money in the upcoming year. The City of Bremerton use an annual application
process through which funds are competitively awarded.
Note: The full text of the Consolidated Plan is available on the City of Bremerton web sites and
also available upon request.
GLOSSARY
A Glossary of terms has been included in Appendix E.
17
AppendixA
Appendix A
Citizen Participation Plan
(Updated 3/28/2018)
AppendixA
CITY OF BREMERTON
CITIZEN PARTICIPATION PLAN
Introduction
The City 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 City has adopted a Citizen Participation Plan.
Purpose
The purpose of the Citizen Participation Plan is to provide an on-going mechanism to
ensure widespread citizen participation wherebyall 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 & Application
Annually in the spring 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.
AppendixA
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
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345 6 Street, Suite 600, Bremerton, WA 98337-1873
http://www.bremertonwa.gov/209/Consolidated-Planning
or by contacting Sarah Achaoui sarah.achaoui@ci.bremerton.wa.us or by phone at
360-473-5375
B.Technical Assistance
Techincal assistance information for potential applicants for funding will be found in
Appendix B.
At any time, any citizen may contact the City Block Grant staff for technical
assistance, help with an application 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.
Conflict of Interest
a.No member of the PRC shall be beneficially interested, directly or indirectly, in any
grant applications which may be made by, through or under the recommendation of
the PRC, in whole or in part, or which may be made for the benefit of his or her
office, or accept, directly or indirectly, any compensation, gratuity or reward in
connection with such contract from any other person beneficially interested therein
(from RCW 42.23.030).
b.No member of the PRC shall engage in any activity, including participation in the
selection, award, or administration of a grant award or contract if a conflict of
interest, real or apparent, exists.
c.Additional information on Remote Interest and Potential Bias by Prior Association
can be found in the full Conflict of Interest Policy under Appendix C.
C.Funding Recommendations & Action Plan
Organizations submitting applications will be notified whether or not the Project
Review Committee (PRC) 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 will adopt the funding package. Notifications will include the date, time
and place of the public hearings.
All projects approved for funding will be included in the City’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
AppendixA
plans may be examined. Citizens will be provided a period of 30 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 Plan, including the projects proposed to
th
be funded, to HUD no later than November 15 of each calendar year, unless HUD
instructs the City not to submit until an appropriations bill has been enacted and
HUD has notified the City of Bremerton of our actual allocation amounts.
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.gov/209/Consolidated-Planning (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 (Updated within the annually updated Policy 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 (Submitted Annually); 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.
(Submitted Annually)
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.
AppendixA
2.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.
3.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 Annual Action Plan
Citizens will be notified and have an opportunity to comment on any substantial
amendments proposed to the Annual Action Plan.
Substantial Amendments will be published in the City’s 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 PRC.
CDBG or HOME activities awarded funds which have a substantial change in the
purpose, scope, beneficiaries, location or budget will be evaluated by Block Grant
Staff and may be required to submit a new application for funding in the next
application cycle.
Projects not expending their full CDBG or HOME award will not trigger a substantial
amendment. These funds will be re-obligated to new projects during the following
year’s regular application cycle.
Minor Changes: Any request for a change in the amount to be expended on a
program or project budget line item, or a minor change to the purpose, scope,
location or beneficiaries of the project as defined in the application for funds, shall
not be considered a Substantial Change requiring citizen notification and Annual
Action Plan amendment; however, prior written approval of these changes must be
obtained from the appropriate Block Grant Administrator.
AppendixA
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
st
31 of each year for the previous calendar year.
2.The CAPER will be made available for public review. Notice will be published in the
newspaper of record and copies will be available on the City’s website:
City of Bremerton: http://www.bremertonwa.gov/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 responses to public questions and proposals. Annually a public
hearing will be held in spring 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 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/City-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
AppendixA
th
345 6Street, Suite
00Bremerton,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.gov/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:
st
Norm Dicks Government Center, 1 Floor Meeting Chambers
th
345 6 Street
Bremerton, WA 98337
AppendixB
AppendixB
FundingProcess
AppendixB
Introduction
The City of Bremerton is an entitlement community, and uses a competitive application
process to find the best subrecipients to implement programs and activities around the
City.
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 Housing and Homelessness Program (which administers Homeless
Housing (HHGP), Affordable Housing (AHGP), and Consolidated Homeless Grant
(CHG) Program) which has a 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.
For the 2019 application process the City of Bremerton will transition from paper
applications to online applications via the fluid review system. This system will allow for
a more streamlined application and review process. Applicants will no longer be
required to provide paper copies of the application.
Applications will be made available in a format accessible to persons with disabilities
upon request.
Application submittal instructions and due date are included in the Notice of Funding
Availability (NOFA). The NOFA will be published on May 11, 2018. Applications must be
submitted online and require access to the internet.
2019 Program Year Funding Specifics
The 2019 Program Year will have two competitive funding applications for:
City-Wide Economic Development and;
Capital Projects in the target area with additional preference given to projects
that create or support affordable housing.
The City will also release a Request For Proposals for the following program:
City-wide Weatherization and Minor Home Repair
Specific funding amounts for these applications and RFP will bedetailed in the Notice of
th
Funding availability which will be released to the public on May 1.
AppendixB
In 2018 the Project Review Committee made a recommendation which was approved
by the City Council to provide annual funding for a City-wide weatherization and minor
home repair program. 2019 will bethe first year where fundingwill be set-aside for this
project.
Application Review & Project Review Committee Recommendation
Process
th
On May 1, 2018 the City will publisha Notice of Funding Availability. Within this
document will be informationabout the two funding applications which have the
following priorities:
-Capital Projects in the Target Area with additional emphasis on affordable housing, and
-City-wide economic development projects.
The City will also publish a Request for Proposals for the City-Wide Weatherization and
Minor Home Repair Program. Details for this process will also be provided in the NOFA.
The Grant Recommendation Committee (GRC) will be used to review applications for
HOME funds through the coordinated grant process. The City of Bremerton uses a
separate Project Review Committee to review applications for CDBG funds.
The Project Review Committee must adhere to the Conflict of Interest Policy in
Appendix C.
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, HOME, 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
interviewed by the Project Review Committee, and a recommendation will be provided
by the Project Review Committee and forwarded to City Council. The Council will review
all recommendations, and select the projects for funding based how they address needs
& objectives identified in the 2016-2020 Consolidated Plan. The details of the multi-level
review process are listed below:
Stage 1: Qualification Review
Applications are reviewed for potential disqualification using the following process:
1.Applications are reviewed for completeness, soundness, and eligibility against the
following criteria. Applications meeting one or more will be disqualified. At least two
different staff members must agree that an application should be disqualified.
AppendixB
a.Amount requested is not consistent among narrative questions, Sources of
Financing form, budget form, and/or applicant information;
b.Missing or blank attachments or forms or using old versions of forms;
c.Project or applicant organization is not eligible for any of the funding sources;
d.Project does not meet a priority identified in the City of Bremerton Consolidated
Plan (2016-2020) or does not meet a Bremerton City Council funding priority.
e.Wrong application type is submitted for project.
2.Applicants will be notified of the results of the Stage 1 Review via email, either:
a.Application is moving to Stage 2 and the applicant will be contacted to schedule
an interview; or
b.Application is disqualified and the basis for disqualification is provided.
Stage 2: Review and Scoring
Applications are reviewed and scored for organizational capacity, financial
soundness, and project priority.
1.Staff members review and score all areas of the application utilizing scoring
criteria specific to each application type.
2.Project Review Committee (PRC) members make fuding recommendations using
the following process:
a.Review, evaluate, and score each application using review and scoring guides
specific to each application type;
b.Conduct interview with each applicant and score applicant interviews;
interview length will depend on application type.
CDBG Economic Development will have interviews consisting of the
following:
o 20 minutes in length which includes 10 minute agency presentation
and 10 minute question/answer.
Capital applications will have interviews consisting of the following:
o 35 minutes in length which includes 15 minute agency presentation
and 20 minute question/answer.
c.Assign a priority ranking and recommend funding awards to applications.
AppendixB
Stage 3: Funding Awards
The funding recommendations go through a multi-step process, prior to finalizing
the award amount.
1.Project Review Committee (PRC) – All Stage 2 applications will have a final
score comprised of the staff application review score, PRC application review score,
and PRC interview score. The PRC will use the finalized score of applications to
assist in making the funding recommendations and contingencies.
2.City of Bremerton City Council- The City Council receives the
recommendations from the Project Review Committee, holds a public comment
period and a public hearing, and makes awards and contingencies.
3.Federal CDBG and HOME funds- Applications awarded CDBG and HOME funds
must be included in an Action Plan associated with the 2016-2020 Consolidated
Plan and submitted to HUD for approval. The Action Plan cannot be finalized until
the City of Bremerton receives the federal award amounts from HUD.
4.Final Awards – Funding recommendations were made based on estimated
funds. Once the actual amounts are known awards will be adjusted based on the
contingency set by the PRC’s and approved by the Bremerton City Council.
Project Review Committee
The Project Review Committee (PRC) will be formed consisting of three City of
Bremerton staff members (Director-Department of Community Development,
Assistant Finance Director, Community Development Project Assistant), one
member from City Council, one representative from the Planning Commission and
two citizens at large. (If a representative from the Planning Commission is
unavailable, another citizen representative will serve in their place). 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 appointed by the Mayor and 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.
Applicant interviews will be conducted with the PRC. Applicants will have the
opportunity to present their project and the PRC will have an opportunity to ask
questions. At the conclusion of the interviews the PRC will formulate a funding
recommendation for approval by the City of Bremerton City Council.
AppendixB
Appointments for PRC members are made annually. PRC members are appointed
to serve a two year term and can be re-appointed to serve successive terms and/or
additional terms.
Technical Assistance
All applicants for funding who have never received City CDBG funding before, or
have never used the fluid review system will be required to attend the technical
assistance session. 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 including technical assistance in filling out the application, the
application deadline, and how decisions concerning funding will be made. There will
also be a workshop on how to use the Fluid Review system.
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. Please contact Block Grant staff to set up an appointment.
At any time, any citizen may contact the City Block Grant staff for technical
assistance, help with an application 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 technical assistance session, for CDBG applicants will be held on July 26,
2018, from 10:00 am-12:00 pm at the Norm Dicks Government Center in the
Mayor’s Conference room.
Appendix
Appendix C
CDBG Eligibility Requirements & Program Rules
Appendix
CDBGNATIONALOBJECTIVES
ANDELIGIBILITYREQUIREMENTS
Every CDBG activity must meet a national objective and must be eligible in order to be funded, and
each CDBG applicant 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 Objectives? (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.Applicants will be responsible for defining the service area and City staff will check
to ensure that it meets the Low Moderate Income (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)
a.51% of units must be occupied by low-and moderate-income households.
b.Affordable rents must be maintained for 5 years
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
Appendix
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.
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 (L/M jobs) 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.
o 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
For the 2019 Program Year, the City will not fund any projects that qualify on a Slum Blight Basis.
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.
Appendix
How Does A Project Meet a National Objective?
I.Principally benefit low and very low income
To meet this national objective, an applicant must document that the proposed project will benefit
predominantly low and very low income persons or households. A low income person/household
is one whose annual income does not exceed 80% of 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 Bremerton are included in the Application each year. There are
several different ways that CDBG activities can benefit low and very low income persons:
A.A REA B ENEFIT
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.
Any activities that take place within the Neighborhood Revitalization Strategy Area would
qualify on an Area Benefit as 72% of the residents are low or very low income. (Please
consult with the Block Grant office to confirm your activity will qualify on an Low/Mod Area
basis).
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:
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).
Explain why that particular geographic area is the service area for the project;
Indicate on the map residential and commercial areas within the service area
boundary; and
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.
Appendix
B.L IMITED C LIENTELE
An activity which benefits a limited clientele, at least 51% of whom are low or very low
income persons/households. There are four types of activities in this category:
1.Presumed Benefit -- An activity may benefit one of the following groups who are
presumed by HUD to be principally low and very low income: abused children,
battered spouses, elderly persons, handicapped persons, homeless persons, illiterate
persons, migrant farm workers and persons living with HIV/AIDS.
Applicants must:
Demonstrate that the facility or service is designed for and used predominantly
by one of the groups identified above.
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
cordkeepingRequirementsandCriteria.pdf
2.Require documentation on family 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:
Provide documentation of the total number of clients/households served in
2019 (if this is an existing service);
State what percent of the clients/households served in 2019 were low or very
low income (or met criteria that are stricter);
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;
Appendix
Provide a copy of the client intake form highlighting the questions regarding
family size and income levels; and
Agree to maintain documentation of the client's incomes for the CDBG contract
period.
3.Income Eligibility Requirements (Direct Benefit) -- This means that the agency
uses income screening to limit the benefits of the CDBG funded activity to only
those persons who are low and very low income. For example, a housing
counseling program would screen potential clients and use the CDBG funds to pay
for the counseling only of those who are income eligible.
Applicants must:
Screen clients by family size and income;
Provide a copy of the income qualification criteria that were used to screen
clients to determine low and very low income status;
Provide a copy of the client intake form highlighting the questions regarding
family size and income levels; and
Describe how the program/project would limit the benefits of the CDBG funded
activity exclusively to low and very low income persons/households.
4.Nature/Location of Activity Allows Conclusion of Primarily Low and Very
Low Income Benefit -- This means that the activity is of such a nature and in such
a location that it may be concluded that the clientele will be primarily low and very
low income; for example, free childcare in an assisted housing project.
Applicants must:
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
Appendix
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:
Maintain data documenting the total cost of the service, Screen clients by family size
and income; and provide a copy of the client intake form highlighting the questions
regarding family size and income levels;
C.Housing Activities
These are activities providing or improving permanent residential structures which are or will
be occupied by low and very low income households. It does not include group homes or
shelters for the homeless, which are considered limited clientele activities.
Applicants must:
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.
51% of these units must be available to low/moderate income.
Appendix
Maintain records on the total cost of the activity, including both CDBG and non-CDBG
funds.
Screen households for family size and income eligibility.
For rental housing, maintain records on rent charged (or to be charged) after assistance
for each dwelling unit in each structure assisted.
Affordable rents must be maintained for a period of five years after CDBG assistance.
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.
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.
Minimum Years
Activity Dollar Threshold*
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
Appendix
receivable attributable to the use of CDBG funds, and any nonexpendable 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.
AppendixD
Appendix D
Conflict of Interest Policy
AppendixD
Conflict of Interest Policy
City of Bremerton Project Review Committee
From time to time, community volunteers who are appointed to the Project Review
Committee (PRC) have prior experience with one of the applicants or programs
requesting grant funding. The following guidelines are intended to clarify what should
happen in these cases to avoid real or perceived conflict of interest.
1) Conflict of Interest:
a. No member of the PRC shall be beneficially interested, directly or indirectly, in
any grant applications which may be made by, through, or under the
recommendation of the PRC, in whole or in part, or which may be made for the
benefit of his or her office, or accept directly or indirectly, any compensation,
gratuity or reward in connection with such contract from any other person
beneficially interested therein (from RCW 42.23.030)
b. No member of the PRC shall engage in any activity, including participation in
the selection, award, or administration of a grant award or contract if a conflict of
interest, real or apparent, exists.
2) Remote Interest
a. A PRC member is not interested in a contract, within the meaning of 1.a.
above, if the member only has a “remote interest” in the contract and the extent
of the interest is disclosed to the PRC and Staff at the beginning of the review
process and is noted in the official minutes prior to the recommendation of the
contract. (from RCW 42.23.040).
i. As used in this section “remote interest” means:
1. That of a non-salaried officer of a non-profit corporation;
2. That of an employee or agent of a contracting party where the
compensation of such employee or agent consists entirely of fixed wages or
salary;
3. That of a landlord or tenant of a contracting party;
4. That of a holder of less than one percent of the shares of a corporation
or cooperative which is a contracting party.
AppendixD
ii. Even if the PRC member’s interest is only remote, the member cannot
influence or attempt to influence any other PRC member in the award of a
contract they are remotely interested in. For purposes of this provision, influence
or attempt to influence includes any of the following:
1. Scoring the grant application;
2. Discussing the grant application with other PRC members;
3. Joining the audience, acting on behalf of the applicant or interacting in
any manner with members of the PRC.
4. PRC members should physically leave the room when the remaining
PRC members discuss the matter. This removes any potential claim that
the PRC member has attempted to exert undue influence over the other
PRC members.
3. Potential Bias by Prior Association
A. A PRC Member may have a “potential bias by prior association” if they
have had an interest in the past, but do not meet these definitions during
the time they are serving on the PRC, or who have personal prior
experience with an applicant including serving as a board member in the
past, being employed in the past, or being a current or past volunteer. In
the event of a potential bias by prior association:
i. The PRC member should disclose to the PRC and staff the nature of
their prior association at the beginning of the application review process.
ii. They should not score that grant application.
iii. The PRC member may be present for the interview and discussion of
the grant application, but should not attempt to influence any other PRC
member in the recommendation or award of a contract. If a PRC member
does not feel that they can be objective for the interview and/or the
discussion, they may choose to physically remove themselves.
4. Conflicts Disclosed
The staff should advise PRC members before the process begins that
members need to disclose, in advance, any remote interest, potential bias
by prior association that they have, or relatives serving as staff to any
applicants. It is recommended that the disclosures be done in writing.
AppendixD
5. Voting and Recommendations
a.The PRC member should recuse themselves from voting on any
recommendation that would include applications in which they have a
remote interest in or with whom they have a potential bias by prior
association.
b. If the final recommendations of the PRC are consolidated into a single
motion, then the PRC member may participate in the vote so long as their
participation in the discussion does not influence or attempt to influence
the outcome with respect to the applicant in which they have a remote
interest in or with whom they have a potential bias by prior association.
c. Occasionally members of the City Council will sit on the Board of
Directors of organizations which are proposed to receive funding. In this
instance, the Council member with the conflict of interest will state their
conflict, leave the Dias, and return when voting has been completed.
Because the votes are passed as one resolution, the Council member with
the conflict will not be allowed to vote on the resolution as a whole.
6. Alternate PRC
If there are two or more PRCs in a funding cycle or process, and a
member has a conflict of interest, remote interest, or potential bias by prior
association with an application that one of the PRCs is reviewing, that
member may serve on a different PRC without reservation or restriction.
Appendix E- Maps
1
6TH
NRSA
¯
13TH
1
2TH
EVERGREEN
ROTARY PARK
1
0TH
9TH
9TH
8T
H
8TH
8TH
7T
H
7TH
1ST
Designated Blight Area
CDBG/NRSA Target Area
2010 Census Tract
00.1250.250.5Miles
AppendixF
Appendix F
Glossary
AppendixF
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.
Affordability. Affordability is achieved when a household’s rent or mortgage payment,
plus utilities, does not exceed 30% of the monthly income for the targeted income group
as adjusted for household size.
Annual Action Plan: This document allocates one year’s funding to specific projects
and activities for the CDBG and HOME programs. It is submitted annually to HUD, 45
days prior to the start of the City’s and County’s fiscal year or no later than November
15 and is developed in accordance with federal regulations (24 CFR Part 91).
Architectural Barriers. Restrict mobility and accessibility of elderly or individuals with
disabilities.
Benefit Criteria. A CDBG activity must either principally benefit low or very low income
persons, reduce or prevent slums and blight or meet a recent urgent need. These three
objectives are the Benefit Criteria.
Cash Flow. Gross income minus vacancy rate, operating expenses, reserves, debt
service and taxes.
Grant Recommendation Committee (GRC).A group of eight citizens meeting specific
qualifications, who develop funding recommendations for 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 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.
AppendixF
Consolidated Annual Performance Evaluation Report (CAPER): This document
reports on the progress in carrying out the Consolidated Plan and Annual Action Plan.
The report is prepared annually by both the City and County in accordance with federal
regulations (24 CFR Part 91). It is due to HUD no later than 90 days after the end of the
program year or March 31.
Consolidated Plan: This document serves as the City’s and County’s application for
CDBG and HOME funds. It sets forth the priorities and strategies to address the needs
of primarily low- and moderate-income persons and areas in the county. It typically
covers a five-year time period. It is submitted to HUD 45 days prior to the start of the
program year or no later than November 15 and is developed in accordance with federal
regulations (24 CFR Part 91).
Consultant Fees. Fees paid to a third party developer consultant for costs associated
with implementation of a project.
Entitlement Community. A local jurisdiction that receives an allocation of Community
Development Block Grant funds directly from HUD. All participating jurisdictions are
entitlement communities; however, not all entitlement communities are participating
jurisdictions.
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.
Housing. 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 Agreement. Agreements made to ensure the cooperation of units of local
government which form consortiums for the purpose of obtaining funding.
Low- and Moderate-Income Households (LMI): These are households earning less
than 80% of the area median income (AMI). They are broken down into the following
income designations:
Extremely Low-Income: households with incomes less than 30% of the area
median family income adjusted for household size.
Low-Income: households with incomes between 31% and 50% of the area
median income, adjusted for household size.
Moderate-Income: households with incomes between 51% and 80% of the area
median income, adjusted for household size.
AppendixF
Low- and Moderate-Income Area Neighborhood (LMA): In general, this is defined as
census tracts or block groups where a minimum of 51% of the residents have low or
moderate incomes (i.e. not exceeding 80% of the area median income).
Median Family Income: HUD releases income limits annually for its programs. Income
limits are calculated using American Community Survey and Census data. Data for
Kitsap County is based on the Bremerton-Silverdale Metropolitan Statistical Area
(MSA). Incomes are indexed by household size.
Neighborhood Revitalization Strategy Area: A specific neighborhood targeted by the
City and approved by HUD. Communities with approved NRSA’s receive enhanced
flexibility in undertaking economic development, housing, and public service activities
with their CDBG funds.
Operating Support. Financial assistance used to supplement the day-to-day
operations of a project.
Participating Jurisdiction. This term refers to cities, counties and consortia which
receive an allocation of federal HOME funds directly from HUD.
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.
Program Year: The program year for the City CDBG and HOME programs is January 1
through December 31, which is the same as the City’s fiscal year.
Project Delivery Costs: Costs directly related to managing the project to the point of
completion normally paid to a third party.
Project Review Committee. This committee, made up of City of Bremerton staff, a
member of the City of Bremerton City Council, Planning Commissioner and two citizen
volunteers, evaluate, rank, and make funding recommendations to the Bremerton City
Council for use of CDBG funds.
Project Soundness. The feasibility, sensibility, and effectiveness of the project to meet
a defined community need and the organizational strength and capacity to bring the
project to completion.
Proposed Funds. Funds which have been or will be requested from a potential project
funding source.
Relocation Expenses. Those costs paid to households or businesses when temporary
or permanent relocation becomes necessary.
AppendixF
Single family housing: one to four-family residence, condominium unit, cooperative
unit, combination of manufactured housing and lot, or manufactured housing lot.
Single room occupancy (SRO) housing: 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 Housing. Housing for special needs populations who require special
housing-related services. This is also referred to as supportive housing.
Special Needs Population. This population of people includes elderly and frail elderly;
persons with mental, physical or developmental disabilities; persons with HIV/AIDS;
persons with alcohol or drug addiction; victims of domestic violence; persons
discharged from institutions (prison, jail, mental hospital, foster care).
Transitional housing: 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 Physical Condition Standards (UPCS): Uniform national standards
established by HUD pursuant to 24 CFR 5.703 for housing that is decent, safe, sanitary,
and in good repair. Standards are established for inspectable items for each of the
following areas: site, building exterior, building systems, dwelling units, and common
areas.
City of Bremerton
2019 Community Development Block Grant
Notice of Funding Availability
Community Development Block Grant Program
GENERAL INFORMATION
2019 Funding Allocation Schedule 2
About the Funding 3
Eligible Activities 4
Funding Priorities 5
Eligible Applicants 5
Funds Available 7
2019 Proposed Distribution 8
Where to Submit Applications 9
Assistance with the Application 9
Application Review and Rating Process 9
Project Review Committee (PRC) 11
HUD Income Limits 11
If Your Agency is Awarded Funds 13
Staff Contacts
City of Bremerton CDBG/HOME
http://www.ci.bremerton.wa.us/display.php?id=864
Mailing Address:
City of Bremerton
Department of Community Development
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345 6 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
2019Community Development Block Grant Notice of Funding Availability 1
2019 Funding Allocation Schedule
2019Community Development Block Grant Notice of Funding Availability 2
About the Funding
The City of Bremerton Community Development Block Grant funding availability is for the 2019
program year beginning January 1, 2019 and culminating on December 31, 2019. 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.
Community Development Block Grant
The Community Development Block Grant (CDBG) program is a flexible program that provides
communities with funding to address a wide range of unique community development needs.
The program is authorized by Title I of the Community Development Act of 1974. Funds are used
to assist in the development of decent housing, 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:
Principally benefit low and very low income households;
Reduce or prevent slum and blight; or,
Meet an urgent need
Consolidated Plan Goals
All projects must meet one of the following Consolidated Plan Goals:
Revitalize targeted neighborhoods;
Improve and preserve affordable homeownership housing;
Expand economic opportunities for very-low and low-income Bremerton residents;
Abate Slum and Blight conditions downtown;
Increase homeownership opportunities for low to moderate income Bremerton residents.
LŅ ğƓ ğƦƦƌźĭğƓƷ ĭğƓƓƚƷ ķĻƒƚƓƭƷƩğƷĻ ŷƚǞ źƷ ƒĻĻƷƭ ƚƓĻ ƚŅ ƷŷĻ /ƚƓƭƚƌźķğƷĻķ tƌğƓ ŭƚğƌƭ źƓ źƷƭ ŅǒƓķźƓŭ
ğƦƦƌźĭğƷźƚƓͲ ƷŷĻ ğƦƦƌźĭğƷźƚƓ Ǟźƌƌ ƓƚƷ ĬĻ ĭƚƓƭźķĻƩĻķ ŅƚƩ ŅǒƓķźƓŭ ğƓķ ƷŷĻ ğƦƦƌźĭğƓƷ Ǟźƌƌ ĬĻ ƓƚƷźŅźĻķ͵
Council Funding Priorities
For the 2019 Program Year Bremerton City Council has chosen the following priorities for use of
funds:
Capital Projects in the Target Area
o Additional points will be provided to projects that create or support units of
affordable housing
City-Wide Job Training Programs
City-Wide weatherization and minor home repair
2019Community Development Block Grant Notice of Funding Availability 3
Proposals for Activities that do not meet these funding priorities will not be eligible for funding.
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
Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201 and 570.207.
Examples Include:
Acquisition of real property by purchase, lease or donation;
Acquisition, construction, reconstruction, rehabilitation or installation of public facilities
and improvements;
Childcare center 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;
Façade 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. Projects that create or support affordable housing
/ƚǒƓĭźƌ ŷğƭ ƩĻƨǒĻƭƷĻķ ƷŷğƷ ğƓǤ ƦƩƚƆĻĭƷƭ ƷŷğƷ ƌĻğķ Ʒƚ ƷŷĻ ĭƩĻğƷźƚƓ ƚƩ ƭǒƦƦƚƩƷ ƚŅ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ
Ǟźƌƌ ŷğǝĻ ğķķźƷźƚƓğƌ ƦƩĻŅĻƩĻƓĭĻ ķǒƩźƓŭ ğƦƦƌźĭğƷźƚƓ ƩĻǝźĻǞ
Acquisition, rehabilitation of rental housing
In Rem housing-CDBG funds may be used to make essential repairs and payment of
operating expenses needed to maintain the habitability of housing units acquired through
tax foresclosure proceedings in order to prevent abandonment and deterioration of such
housing in primarily LMI neighborhoods;
Conversion of a closed building from one use to a residential use (such as a closed school
building to residential units);
New construction must be undertaken by a Community Based Development Organization
ƚƓƌǤ
Site clearance and site improvements
2019Community Development Block Grant Notice of Funding Availability 4
3. City-Wide Job Training Programs
Examples Include:
Assistance to carry out economic development projects for job training purposes;
The following activities are generally not eligible for CDBG funding:
New residential housing construction, except in special circumstances
Regular government operations
Buildings such as city halls, police stations, or other buildings primarily for the general
conduct of government (except for the removal of architectural barriers)
Income payments such as payments to individuals or families for food, clothing, or rent,
except in certain circumstances
Political activities
Vehicles and Equipment
4. City-Wide Weatherization and Minor Home Repair
To be allocated via a separate RFP process
bƚƷĻʹ ŷĻ ğĬƚǝĻ ƌźƭƷƭ ğƩĻ ƓƚƷ ĭƚƒƦƩĻŷĻƓƭźǝĻ͵ CƚƩ ğ ĭƚƒƦƌĻƷĻ ƌźƭƷ ƚŅ ĻƌźŭźĬƌĻ ƚƩ źƓĻƌźŭźĬƌĻ ğĭƷźǝźƷźĻƭ
ƩĻŅĻƩ Ʒƚ /5.D ƩĻŭǒƌğƷźƚƓƭ źƓ ЋЍ /Cw ЎАЉ͵ЋЉЊ ğƓķ ЎАЉ͵ЋЉА
For specific information regarding policies and regulations behind the use of CDBG funds please
refer to the 2019 CDBG/HOME Policy Plan.
Eligible Applicants
Community 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.
2019Community Development Block Grant Notice of Funding Availability 5
Target Area
Funding Focus Areas. The City of Bremerton will be targeting its funds for Capital Projects in the
following area (next page) tƌĻğƭĻ ƓƚƷĻ ƷŷğƷ Ʒŷźƭ ŭĻƚŭƩğƦŷźĭ ƩĻƭƷƩźĭƷźƚƓ źƭ ƓƚƷ ğƦƦƌźĭğĬƌĻ Ʒƚ ƷŷĻ
9ĭƚƓƚƒźĭ 5ĻǝĻƌƚƦƒĻƓƷ tƩƚƆĻĭƷƭ͵
2019Community Development Block Grant Notice of Funding Availability 6
All Activities, with the exception of City-Wide economic development will need to take place
within this target area, or the project will be deemed ineligible.
2019Community Development Block Grant Notice of Funding Availability 7
2019Funds Available
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 2018 allocations and historic funding
trends.
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. Please note that the City of
Bremerton is basing this estimate on an amount of $450,000. There is no designated amount for
application type, applicants are encouraged to apply for the amount of funding they need to
complete a project. Please note that projects with multiple sources of funding will be more
competitive than projects that are utilizing CDBG as their only funding source.
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.
2019Community Development Block Grant Notice of Funding Availability 8
2019Proposed Distribution of City of Bremerton CDBG Funds
2019 Funds
Estimated 2019 Entitlement $450,000
Estimtated 2019 Program Income $5,000
$455,000
2019 Funding Available for Grant
Administration
(20% of Entitlement + Program Income $91,000.0
Prior-Year Reallocated "non-Targeted" funds $68,033
Weatherization RFP $68,033
Amount available for funding: $364,000.0
How to Access and Submit Application
Online Application via Fluid Review will be available to download from the
th
beginning Thursday July 16. You will need a computer with internet capability in order to access
the website to access the application.
Application link will be posted on the City website, and information will be sent to the
interested party e-mail list.
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Application submission deadline is August 17 2018 at Noon
Where to Submit Applications
An application is considered complete if it meets the following criteria:
Applicant must have attended the mandatory (for first time applicants or applicants who
have never used fluid review before) technical assistance session on July 26, 2018.
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Application submitted ON TIME (August 17 at noon)
All required application questions/sections/attachment are completed in an adequate
manner.
Applications including all supplemental attachments will be submitted via Fluid Review
Assistance with the Application
A Mandatory Technical Assistance Session for all applicants who have never received
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CDBG Funds or have never used Fluid Review will be held on July 26 at 10:00 in the
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Norm Dicks Government Center Floor.
One-on-One Technical Assistance may be scheduled between July 21-August 4th by
2019 Community Development Block Grant Notice of Funding Availability 9
contacting the staff listed in the front of this notice.
Application Review and Rating Process
This is a competitive application process for limited funding; therefore, applications that
meet all criteria are not guaranteed an award of funds and successful applications may
be funded for less than the amount requested
Applications not meeting the requirements will be disqualified from consideration for
funding and will not move any further through the process.
Written notice will be sent to the disqualified Applicant.
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.
2. Staff Technical Review
a. Organizational Financial Review d City will review for
Agency financial soundness.
b. Organizational Capacity 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.
2019 Community Development Block Grant Notice of Funding Availability 10
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 2019
(Year 4) 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 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 communitywillingness
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
Architecture and planning Homeless programs
Compliance monitoring Housing development
Practical experience with HUD Mortgage lending
Construction project management Non-profit community service provider
Economic development Project management experience
Finance and accounting Real estate
2019 Project Review Committee Makeup
There is one project review committee for all CDBG applications. The committee is comprised of
6 members: Three members are City of Bremerton staff volunteers (Director-Department of
Community Development, Project Assistant-Department of Community Development, Assistant
Finance Director-Finance Department), and two members are volunteers from the community,
one is a Planning Commissioner ( TBD ENTER NAME HERE ) and one is a City Council
representative (Councilman Michael Goodnow). 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.
2019 Community Development Block Grant Notice of Funding Availability 11
PRC positions are filled by appointment. The Mayor of the City of Bremerton appoints two
members to the PRC committee.
HUD Income Limits
Median Family Income (MFI) is determined periodically by the Department of Housing and Urban
Development (HUD) on the basis of state and local earnings data and is published for cities and counties.
The Median Family Income for the Bremerton-Silverdale MSA effective April 2018 is $82,600 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. Contact your Block Grant Adminstrator for the most current Income
Limits.
*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 April, 2018.
If Your 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
2019 Community Development Block Grant Notice of Funding Availability 12
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, 2019.
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
Quarterly Reports: It is your responsibility to submit quarterly performance and
demographics reports, beginning January 1, 2019. Reports are to be submitted to
each funding agency you are under contract with.
2019 Community Development Block Grant Notice of Funding Availability 13