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HomeMy WebLinkAbout05/09/2018 STUDY SESSION PACKET ______________________________________________________________ th 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. /ƚƓǝĻƩƭźƚƓ ƚŅ {ƦĻĭźŅźĭ 5ğƷğ 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. 5ğƷğ /ƚƓǝĻƩƭźƚƓ ĻƭƷźƓŭ ğƓķ ğƌźķğƷźƚƓ 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 {ǒƦĻƩǝźƭƚƩ ƩğźƓźƓŭʹ 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 ! Nbofuuf!Qmbzgjfme! Ebuf;!Gfcsvbsz!34se-!3129! Ljoh!Dpvouz!Ejsfdupst!Bttpdjbujpo! Nbtufs!Qspkfdu;!259883! Dpousbdu!Ovncfs;!26.517! Rvpuf!$23:432! Fyqjsbujpo;!130390312:! ! Frvjqnfou!Eftdsjqujpo!! 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F.nbjm;!csfuu/ofxnboAnvtdp/dpn!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!F.nbjm;!zvmjbob/ejb{Anvtdp/dpn! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! 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 12 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. 13 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 15 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 th 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 th 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. th 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. th 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 th CDBG Funds or have never used Fluid Review will be held on July 26 at 10:00 in the th 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