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HomeMy WebLinkAbout06/20/2018 AGENDA PACKETCITY COUNCIL 345 6"' Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 JUNE 20, 2018 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNLIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — June 6, 2018 C. Minutes of Study Session — June 13, 2018 D. Confirm Reappointment of Bo Palmer to the Bremerton Housing Authority Board of Commissioners E. Confirm Appointment of Charles Henderson to the Community Development Block Grant Project Review Committee F. Confirm Appointment of Patricia lolavera to the Community Development Block Grant Review Committee G. Confirm Appointment of Patricia lolavera to the Citizen's Commission on Council Salaries H. Confirm Appointment of Deborah McDaniel to the Citizen's Commission on Council Salaries I. Change Order No. 1 with Allen Shearer Trucking & Landscape Supply for the Gateway Project J. Resolution No. 3308 to authorize (3) Grant Applications with the WA State Recreation & Conservation Office for 1) the Warren Avenue Neighborhood Park Renovation; 2) the Warren Avenue Playfield Lighting & ADA Improvements; and 3) the Kitsap Lake Fishing Dock & Park Renovation K. Public Works Agreement with Better Boats, Inc. (dba Lee Shore Boats) to Repower the existing Argus Fire Boat 6. GENERAL BUSINESS A. Community Development Block Grant (CDBG) Award; Agency Service Agreement with Public Works; and Budget Adjustment for Quincy Square on 4th Street Project B. WA State Department of Commerce Funding Agreement for the Quincy Square on 4th Street Project C. Ordinance No. 5348 to amend Ordinance No. 5341 relating to the City of Bremerton Fiscal Year 2018 Budget; and authorize Department Staffing Adjustments 7. PUBLIC HEARINGS A. Public Hearing on Resolution No. 3309 to adopt the Six -Year Transportation Improvement Plan for 2019-2024 B. Public Hearing on Ordinance No. 5349 to amend Chapter 3.78 of the Bremerton Municipal Code entitled "Multifamily Property Tax Exemption" For Public Comment only, no action will be taken... COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. O v co L- 0)(7) 0) O r Q � L Vi E �a in M N N � N — L O U- 00 C0 N LO M ti C.04 M O E L- 0 O T L E L- 0 O T U O _(n L- 0 O C� G U O A, u BREMERTON CITY COUNCIL MEETING SPEAKERS LIST If you wish to provide COMMENT tonight, please print your NAME below A...1..-I...J- nA►1•r w t% r _Z_ 1r - wiliy flmoiuuc vvlr i mio i emu d you wisp to receive a response... NAME CONTACT INFO (Only If response is requested) r Zb / fy ] /ti.,..�C G� ! /,/Gµ/I / '` � �� � � r' v.fi.'/ (� I� 7 (i ��f.! d'r�� � %/ '�.d '�: � ^✓ � I lyl Lro Z_ .31 J .2( -'4ev 0 q. 'e��,.. L� 1 c,,) y1 0 �L N" ,- t9cv Fiti�c1e��C,� Thank you for participating in your local City Government! BREMERTON CITY COUNCIL MEETING SPEAKERS LIST If you wish to provide COMMENT tonight, please print your NAME below Only include CONTACT info if you wish to receive a response... NAME CONTACT INFO (Only if response is requested) rl o a -'ek r,Cf r �f Thank you for participating in your local City Government! SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A Study Session Date: N/A COUNCIL MEETING Date: 06/20/2018 Department: Financial Services Presenter: Mike Riley Phone: (360)473-5303 Approval of the following checks and electronic fund transfers: 1) Check #'s 379530 through 379818 and EFT's 18606 through 18658 in the amount of $3,924,349.35. 2) Regular Payroll for the pay period ending May 31, 2018 in the amount of $440.69. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/02/2018 ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL M:� SUBJECT: Minutes of Meeting — June 6, Study Session Date: N/A 2018 COUNCIL MEETING Date: June 20, 2018 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: The Minutes of Meeting held on June 6, 2018 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the June 6, 2018 Meeting Minutes as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 6, 2018 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 6, 2018, at 5:00 PM In Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Kevin Clancey of the Firehouse Church. MAYOR'S REPORT — Mayor Wheeler... • Thanked City Engineer Tom Knuckey and staff for their efforts in securing over $5 -million in appropriations for the Washington Avenue & 11th Street Project, with a total of $9.7 —million in total infrastructure funding; • Highlighted the efforts of City employees Shannon Ray and Joan Brookman for their success with the City's newly implemented Passport Program; • Provided advanced notice to the Council Members that he will be requesting several additional staffing positions; • Shared highlights of building permit activity for the month of May; and • Requested the Council Members to consider amending the MultiFamily Tax Exemptions. Interim Police Chief Jim Burchett brought forward Lieutenant Luis Olan, to honor him and recognize his nearly 40 years of service in the Bremerton's Police Department. PUBLIC RECOGNITION Terry Fessner stated that although he continues to experience issues with some homeless persons near his business, he also shared how he's been able to assist several other persons with a hand up. CONSENT AGENDA 5A — Claims & Check Register: Check Numbers 379276 through 379529, and EFT -18553 through EFT -18605 in the amount of $3,658,133.52; Regular Payroll for the pay period ending May 15, 2018 in the amount of $814,839.27; Regular Payroll for the pay period ending May 15, 2018 in the amount of $5,431.50; Regular Payroll for the pay period ending May 31, 2018 in the amount of $854,070.12; and Retiree Payroll for the pay period ending May 31, 2018 in the amount of $52,702.92 5B — Minutes of Meeting — May 16, 2018 5C — Minutes of Study Session — May 23, 2018 5D — First Amendment to the Washington State Office of Public Defense Grant Agreement No. 18491 5E — Boom Truck Overhaul and Pre -Certification by American Crane Repair of Tacoma, WA 5F — Purchase of four (4) new Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineering Products, Inc. for Pump Stations OB -3, OB -4, KL -3, and KL -4 5G — 20 -Year Land Lease Agreement with Donna Hammargren for Sewage Pump Station EB -4 5H — Public Works Agreement with Hokkaido Drilling, Inc. for Contractor Services at Well 20 City Council Reg. Mtg. Minutes Wednesday, June 6, 2018 Page 2of3 51— Bid Award to Core & Main for Replacement of Northlake Way Water Automatic Control Valves 5J — Contract Award to American Construction Company, Inc. for the Eastside Treatment Plant Outfall Replacement Project 5K— Contract Modification No. 2 amending the Professional Services Agreement with Murray - Smith, Inc. for the Eastside Treatment Plant Outfall Replacement Project 5L— Contract Award to NOVA Contracting for the Wastewater Treatment Plant Interceptor Upgrades Project 5M — Contract Award to Insituform Technologies, LLC for the 2018 Sewer Rehabilitation Project 5N — Vacant Land Purchase and Sale Agreement with Lynn S. & Frank A. Horton for the sale of three (3) Vacant Lots located on Sheldon Boulevard There were no questions or comments from the public... 05:57:15 M/S/C/U (Goodnow/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A — SPECIAL TRANSPORTATION STUDY AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE SR303 CORRIDOR PLANNING STUDY: Chal Martin, Public Works & Utilities Director explained that this Agreement with the Washington State Department of Transportation provides the foundation for the City to take lead on the SR -303 Corridor Planning Study, which was funded by the Legislature in April of this year. There were no questions or comments from the public... 05:59:18 Motion was made by Daugs and seconded by Huddy... Comments and questions were asked by Daugs; with responses provided by Mr. Martin... 06:01:38 M/S/C/U (Daugs/Huddy) Move to authorize approval of a Special Transportation Study Agreement with the Washington State Department of Transportation; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 6B — PARKING LEASE AGREEMENT WITH THE PORT OF BREMERTON FOR THE LEASE OF 30 PARKING SPACES AT THE WASHINGTON AVENUE GARAGE: Roger Lubovich, City Attorney, explained that the Port of Bremerton has requested parking spaces during its upcoming construction on property located on Washington Avenue in downtown Bremerton. This Parking Lease Agreement provides for the lease of 30 parking spaces on the second floor in the Washington Avenue Garage for the period of October 1, 2018 through March 31, 2020, with an option for up to two additional six-month extensions. The lease payment is $150.00 per stall per month, plus leasehold excise tax of 12.84%. This agreement has been executed conditioned upon City Council approval. Terry Fessner questioned if the garage is already full and at capacity, who will be displaced when 30 slots are dedicated to the Port of Bremerton? Information Services Manager Kevin Matthews responded there is an average of 7 to 8% vacancy of daily parking, and it's anticipated that the displaced vehicles will move into those vacant spots. 06:05:55 Motion was made by Huddy and seconded by Daugs... Comments were provided by Huddy, Sullivan, and Goodnow... Questions were asked by Daugs, with responses provided by Lubovich and Matthews... Gorman indicated he would recuse himself from voting since he owns a parking permit... 06:12:08 M/S/C (Huddy/Daugs) Move to accept the Parking Lease Agreement with the Port of Bremerton; and authorize the Mayor to finalize the agreement with substantially the same terms and conditions as presented. City Council Reg. Mtg. Minutes Wednesday, June 6, 2018 Page 3 of 3 Voted in favor of Motion: Daugs, Hillman, Goodnow, Huddy, Sullivan, Daugs, Younger Abstained: Gorman Motion carried: 6 -Yes; 1 -Abstention COUNCIL MEMBER REPORTS Pat Sullivan welcomed volunteers to the next Lions Park Work Party on Saturday, June 9 from 10:00 AM to Noon; and announced that the Lodging Tax Advisory Committee will be accepting grant applications until Thursday, July 12 from non-profit organizations that support tourism. Leslie Daugs announced the next information sessions for the Youth Build Kitsap Program on June 18 and July 11; the Bremerton School District is accepting substitute bus driver applications until June 18, and their Summer Food Service Program will be ongoing from June 18 to August 9; and invited the community to attend an upcoming forum "Faith over Fear Roadshow: Standing with our Muslim Neighbors" to be held on June 21 at the Bremerton Stake of the Jesus Christ of Latter Day Saints located on Perry Avenue. Additionally, she displayed a t -shirt promoting June as "Kitsap Transit Month". Kevin Gorman enjoyed participating as the keynote Speaker at the BEST Graduation Ceremony; and thanked Mr. Fessner for sharing his story, and encouraged him to keep up the good work. Tony Hillman looked forward to attending the Diversity Conference at Olympic College on June 21 & 22; thanked Central Lions President Jim Lamb for the invitation to Beep Ball, which he enjoyed along with Council Member Sullivan, even though BPD lost to the Seattle Sluggers 2 to 0. Lastly, he hopes that serious discussions can be had to address the issue of outside individuals coming here to this community to verbally assault local business owners and take advantage of the vulnerable homeless. Michael Goodnow announced that volunteers are welcome to help clean up Forest Ridge Park at the Monthly Work Party on June 16 and/or on the United Way Day of Caring on June 22. Richard Huddy expressed his appreciation to Mr. Fessner for the work he does downtown; thanked Lt. Olan for his service; welcomed Wilco (where he was pleased to find Tiger Bag Balm); thanked Kitsap Transit for addressing the Fast Ferry Reservation System; and invited the community to the 76th Battle of Midway Remembrance Ceremony to be held tomorrow at 1:00 PM on the Bremerton Boardwalk. Eric Younger mentioned that even though no Council Meeting was held the 5th Wednesday in May, the Council made good use of their time by visiting with members of the Port of Bremerton. With no further business, President Younger adjourned the Council Meeting at 6:28 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 20th day of June, 2018. ERIC YOUNGER, City Council President Attest: MIKE RILEY, Interim City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C SUBJECT: Minutes of Study Session — Study Session Date: N/A June 13, 2018 COUNCIL MEETING Date: June 20, 2018 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: The Minutes of Study Session held on June 13, 2018 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the June 13, 2018 Study Session Minutes as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 13, 2018 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, Wednesday, June 13, 2018, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Christine Grenier, Council Assistant, was present to provide staff support. President Younger emphasized that the Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated except when deemed appropriate; and the content of these items is subject to change. If approved by the Council, items will be placed on the June 20, 2018 City Council Meeting Agenda A. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Confirm Reappointment of Bo Palmer to the Housing Authority Board of Commissioners Consent Agenda 2. Confirm Appointment of Charles Henderson to the CDBG Project Review Committee Consent Agenda 3. Confirm Appointment of Patricia Iolavera to the CDBG Project Review Committee Consent Agenda 4. Confirm Appointment of Patricia Iolavera to the Citizen's Commission on Council Salaries Consent Agenda 5. Confirm Appointment of Deborah McDaniel to the Citizen's Commission on Council Salaries Consent Agenda 6. Change Order No. 1 with Allen Shearer Trucking & Landscape Supply for the Gateway Project Consent Agenda 7. Community Development Block Grant (CDBG) Award; Agency Service Agreement with Public Works; and Budget Adjustment for Quincy Square on 4th Street Project General Business 8. WA State Department of Commerce Funding Agreement for Quincy Square on 4th Street Project General Business 9. Resolution to authorize (3) Grant Applications with the WA State Recreation & Conservation Office for 1) the Warren Avenue Neighborhood Park Renovation; 2) the Warren Avenue Playfield Lighting & ADA Improvements; and 3) the Kitsap Lake Fishing Dock & Park Renovation Consent Agenda 10. Confirm Appointment of Jim Burchett to Police Chief; and set the salary at Band 26, Rate 6 on the Proposed Management & Professional Salary Plan Item Pulled 11. Public Works Agreement with Better Boats, Inc. (dba Lee Shore Boats) to Repower the existing Argus Fire Boat ConsentAgenda 12. Interagency Agreement with WA State Department of Natural Resources for Wildland Fire Protection Item Pulled City Council Study Session Minutes Wednesday, June 13, 2018 Page 2 of 2 President Younger called a brief recess from 6:30 to 6:40 PM... B. BRIEFINGS & FULL PRESENTATIONS 1. Ordinance No. 5348 to amend Ordinance No. 5341 relating to the City of Bremerton Fiscal Year 2018 Budget General Business 2. Proposed Public Hearing and Resolution to adopt the Six -Year Transportation Improvement Plan for 2019-2024 Public Hearing President Younger called a brief recess from 8:24 to 8:35 PM... 3. Proposed Public Hearing and Ordinance to amend Chapter 3.78 of the Bremerton Municipal Code entitled "Multifamily Property Tax Exemption" Public Hearing with Public Comment Only C. GENERAL COUNCIL BUSINESS 1. Audit Committee Briefing (6/18/18 Meeting) — Committee Member Leslie Daugs 2. No General Council Business was discussed. D. EXECUTIVE SESSION President Younger announced a 20 -Minute Executive Session from 9:24 to 9:44 PM for a discussion on Pending Litigation, which is allowed under RCW 42.30.110(1)(i); and action is anticipated. 09:44:10 (Goodnow/Gorman) M/S/C/U Move to approve settlement of all workers compensation claims filed by Russell Holt against the City of Bremerton in the amount of $125,000; and authorize the City Attorney to prepare and finalize all documents necessary to effectuate this settlement. With no further business, President Younger adjourned the Council Study Session at 9:45 PM. Prepared and Submitted by: CHRISTINE GRENIER, Council Assistant APPROVED by the City Council on the 20th day of June, 2018. ERIC YOUNGER, City Council President Attest: MIKE RILEY, Interim City Clerk EY:MR:ls:cg SUBJECT: Confirm Reappointment of Bo Palmer to the Bremerton Housing Authority Board of Commissioners AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5D June 13, 2018 June 20, 2018 Executive Mayor Wheeler (360) 473-5266 SUMMARY: Mayor Wheeler is seeking confirmation of the reappointment of Bo Palmer to the Bremerton Housing Authority Board of Commissioners. His term expires July 23, 2018. ATTACHMENTS: Application available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Bo Palmer to another term on the Bremerton Housing Authority Board of Commissioners. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E SUBJECT: Confirm Appointment of Study Session Date: June 13, 2018 Charles Henderson to the Community COUNCIL MEETING Date: June 20, 2018 Development Block Grant Project Review Department: Mayor Committee Presenter: Greg Wheeler Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Community Development Block Grant Project Review Committee. The Mayor has selected Charles Henderson to be appointed to serve on this committee. This will be a two year term. ATTACHMENTS: The application for committee appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Charles Henderson to the CDBG Project Review Committee. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL 5 F CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: June 13, 2018 Patricia Iolavera to the Community COUNCIL MEETING Date: June 20, 2018 Development Block Grant Project Review Department: Mayor Committee Presenter: Greg Wheeler Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Community Development Block Grant Project Review Committee. The Mayor has selected Patricia Iolavera to be appointed to serve on this committee. This will be a two year term. ATTACHMENTS: The application for committee appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Patricia Iolavera to the CDBG Project Review Committee. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Patricia Iolavera to the Citizen's Commission on Council Salaries Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5G June 13, 2018 June 20, 2018 Executive Mayor Wheeler (360) 473-5266 SUMMARY: Mayor Wheeler is seeking confirmation of the appointment of Patricia Iolavera to the Citizen's Commission on Council Salaries. There are currently two vacancies. ATTACHMENTS: Application available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Patricia Iolavera to the Citizen's Commission on Council Salaries. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/02/2018 ❑ Table ❑ Continue ❑ No Action SUBJECT: Confirm Appointment of Deborah McDaniel to the Citizen's Commission on Council Salaries AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5H June 13, 2018 June 20, 2018 Executive Mayor Wheeler (360) 473-5266 SUMMARY: Mayor Wheeler is seeking confirmation of the appointment of Deborah McDaniel to the Citizen's Commission on Council Salaries. There are currently two vacancies. ATTACHMENTS: Application available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Deborah McDaniel to the Citizen's Commission on Council Salaries. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Change Order No. 1 with Allen Shearer Trucking & Landscape Supply for the Gateway Project 5I Study Session Date: June 13, 2018 COUNCIL MEETING Date: June 20. 2018 Department: Presenter: Phone: PWU Milenka Hawkins -Bates (360) 473-5333 SUMMARY: This Spring the Street Department removed vegetation on the last section of the Gateway and replaced with hardscape using Montana River Rock. The initial estimate was for 230 Tons of Rock which was within the PWU purchasing authority at $24,067.20. Due to the excavation it was determined that more rock was needed to complete the section, because we were mobilized onsite and had WSDOT assistance with traffic control the decision was made to continue with the project and bring to Council for approval. ATTACHMENTS: 1) Purchase Order; 2) Change Order FISCAL IMPACTS (Include Budgeted Amount): Project was budgeted in 2018 for $75,000 STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 1 with Allen Shearer Trucking & Landscape Supply for the Gateway Project in the amount of $9,836.16 including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CITY OF BREMERTON 345 6TH STREET SUITE 100 BREMERTON, WA 98337-1873 PURCHASE ORDER NO. 18094 PAGE NO. 1 -1 S F—PUBLIC WORKS ADMINISTRATION E ALL E ALLEN SHEARER TRUCKING & LANDSCAPE OND P CITY OF RE SUPPLY INC - 121 NE LOGYARD RD p P 100 OYSTEEDAY AVE BAY AV 0 PO BOX 789 BREMERTON WA 98312 R LBELFAIR WA 98528 T L k O ATTN: ACCTS PAY/COLEN COREY ORDER DATE: 02/28/18 BUYER: COLEN COREY REQ. NO.: 18099 REQ. DATE: 02/27/18 TERMS: NET 30 DAYS F.O.B.: DESC.: TrM Q A ET UOM DESCRIPTION UNIT PRICE EXTENSION 01 230 .00 `, ON::;MONTANA RAINBOW RIVER ROCK 6 4 4 22, 080.00 NEEDED BEFORE MAY 19TH (ARMED FORCES ?;DAY PARADE) DELIVERY EXPECTED BY APRIL r .COLEN COREY@CI.BREMERTON. WA. US g SALES TAX` . 1,987.20: ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 24, 067.20 TOTAL $ 24,067.20 01 542.70315 53110 24,067.20 315005 CERTI (CATION I, the undersigned, do hereby certify under penalty of perjury, that the materials have been furnished, the services rendered or the labor performed as described he ein, that any advance payment is due and payable pursuant to a cof itract or is available as an i Ypbon for full or partial fulfillment of a contractual obligation, and tN t the claim is a just, due 3nd unpaid obligation against the city and that I am authorized to aul henticate and certify to saic claim. APPROVED BY CiRECTOR OF PURCHASING s_ .k....? ----------------. k ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 24, 067.20 TOTAL $ 24,067.20 01 542.70315 53110 24,067.20 315005 CERTI (CATION I, the undersigned, do hereby certify under penalty of perjury, that the materials have been furnished, the services rendered or the labor performed as described he ein, that any advance payment is due and payable pursuant to a cof itract or is available as an i Ypbon for full or partial fulfillment of a contractual obligation, and tN t the claim is a just, due 3nd unpaid obligation against the city and that I am authorized to aul henticate and certify to saic claim. APPROVED BY CiRECTOR OF PURCHASING i Date: 06/05/2018 Period: 6/18 General Purchase lhdef, 18O94 - 1 U continuous Change 1 Commodity Item Status O - Open ..... - ; Details Pricing Pricing Adjustments Quantity Adr.ratmertl MI t I Shipping Adjustments 0.00 Price Adju:tmenL 0.0000 Tax Adjustment l 812.16+ New Expended 9,024.00 Hew Total 33,903.361 [Trade-iq/Discount 0.00 TotalAdjustmettt ` 9,036. 1,6 charging information. BUDGET CODE Account PROJECT Account Remain Bal Amount 542.70315 53110 315005 53110 24,067.20 (Total Charge 9,336, L6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3308 authorizing (3) Grant Applications with the WA State Recreation & Conservation Office for 1) the Warren Avenue Neighborhood Park Renovation; 2) the Warren Avenue Playfield Lighting & ADA Improvements; and 3) the Kitsap Lake Fishing Dock & Park Renovation 5J Study Session Date: June 13, 2018 COUNCIL MEETING Date: June 20. 2018 Department: Presenter: Phone: Parks & Recreation Jeff Elevado (360) 473-5428 SUMMARY: One Resolution contains authorization for application to the Washington Recreation and Conservation Office for three grants to benefit the Warren Avenue Playfield and Kitsap Lake Park. Warren Avenue Neighborhood Park renovation is ranked as the top project in the Bremerton Parks, Recreation and Open Space Comprehensive Plan (PROS) adopted in 2014. The project concept was presented to the public at the January 23, 2018 Parks and Recreation Commission meeting. A second public meeting was held at the site on May 22, 2018. The department conducted an interactive survey on the City's web site receiving public comment which was incorporated into the design. The "Youth Athletic Facilities" (YAF) Warren Avenue Park project includes: replacement of the failing sports field lighting system; accessibility improvements; new accessible restroom; new shelter and accessible parking. If funded the YAF grant will provide $350K towards the project and will be used as match for a second RCO Local Parks grant application. The "Local Parks" (LP) Warren Avenue Park project includes: accessible pathways, new accessible restroom, paved parking lot with accessible parking, children's playground, and new shelter. Warren Avenue is located in an underserved area which qualifies for a reduced match of 10%. Kitsap Lake Park is popular for boating and fishing throughout the year. The existing pathways and restroom do not meet current accessibility standards. The boat launch and fishing dock are failing and in need of replacement. If funded, the ALEA grant, administered by the Recreation and Conservation Office, will provide $398K towards the project which includes replacement of the failing fishing dock, improvements to accessibility including parking, pathways restroom upgrades and a new picnic shelter and children's play area. ATTACHMENTS: 1) Resolution No. 3308 authorizing Grant Applications; 2) Grant Application Summary Added 3) RCO/LP and RCO/YAF Grant Application 3) 4) Warren Avenue Park Design Concept 5) RCO/ALEA Grant Application (Kitsap Lake Park) 6) Kitsap Lake Park Design Concept FISCAL IMPACTS (Include Budgeted Amount): (Include Budgeted Amount): Kitsap Lake Park Project Cost Estimate: $776K Sponsor Match Estimate: $398K If funded the ALEA grant will be matched with a $135K Boating Facilities grant, City cash match (approx. $92K), cash donations and in-kind/force-account labor. Maintenance costs will not increase as existing aged facilities will be replaced with durable materials. Warren Avenue Park YAF Project Cost Estimate: $460K Sponsor Match Estimate: $109K (City Cash Match: $58K, Donations: $1 OK, Force Acct. Labor: $34K, Local Grant: $6.5K); LP Project Cost Estimate: $998K Sponsor Match Estimate: $498K (RCO/YAF Grant: $350K, City Cash Match: $82K, Donations: $25K, Force Acct. Labor: $34.5K, Local Grant: $6.51K) Continued on back... STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3308 authorizing staff to make application to the Washington State Recreation and Conservation Office for an Aquatic Lands Enhancement Account Grant, a Youth Athletic Facilities Grant, and a Washington Wildlife & Recreation Program Local Parks Grant, and authorize the Mayor to finalize and execute the applications if required. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3308 A RESOLUTION of the City Council of the City of Bremerton, Washington, to fulfill a Recreation and Conservation Office Applicant Resolution/Authorization and obtain grants to benefit local parks. Organization Name (sponsor) City of Bremerton Resolution No. (if applicable) Project(s) Number(s), and Name(s): Project 918-1649 Warren Ave. Neighborhood Park Renovation Project 918-1383 Warren Ave. PlEfield Lighting & ADA Improvements Project 918-1646 Kitsap Lake Fishing Dock & Park Renovation This resolution/authorization authorizes the person identified below (in section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)". 2. Mayor Greg Wheeler is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's website at https://rco.wa.gov/documents/manuals&forms/ SampleProjAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 1 Park Renovations 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistant received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. [Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 11. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retaining and hold that amount until the Project is complete. 12. [Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. 2 Park Renovations 13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the project agreement, or authorized in writing by the Office Director. 14. [Development, Renovation, Enhancement, and Restoration Projects Only If your organization owns the propertyl Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 15. [Development, renovation, Enhancement, and Restoration Projects Only If your organization DOES NOT own the propertyl Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. 16. [Only for Projects located in Water Resources Inventory Areas 119 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 17. This resolution/authorization is deemed to be part of the formal grant application to the Office. 18. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. 19. 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. 20. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. [Native American Tribes, Local Governments, and Nonprofit Organizations Only] This application authorization was adopted by our organization during the meeting held: Location Date PASSED by the City Council the day of 12018. [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): 3 Park Renovations ATTEST: City Clerk Washington State Attorney General's Office Approved as to form ERIC YOUNGER, Council President APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney Assistant Attorney General Date R:\Legal\Legal\Resolutions\LegalTark Improvements 2018.doc 4 Park Renovations Bremerton Parks and Recreation State of Washington Recreation and Conservation Office Grant Application Summary - FY2020 WARREN AVENUE PLAYFIELD RENOVATION (Construction 2019) RCO-Youth Athletic Facilities Grant (Max. $350,000) Project Scope: Replace field lighting, new accessible restroom, accessible pathways, paved accessible parking, new playground & shelter. Project Cost Estimate: $ 459,400 RCOIYAF Grant: $ 350,000 City Cash Match: $ 58,400 Force Acct. Labor: $ 34,500 Donations: $ 10,000 Local Grant (BPF): $ 6,500 RCO-Local Parks Grant (Max. $500,000) Project Scope- New accessible restroom, accessible pathways, paved accessible parking, new playground & shelter. Project Cost Estimate: $ 998,000 RCOILP Grant: $ 500,000 RCOIYAF Grant: $ 350,000 City Cash Match: $ 82,000 Force Acct. Labor: $ 34,500 Donations: $ 25,400 Local Grant (BPF): $ 6,500 Mote: Includes $58,400 above, total project cash match = $82, 000) KITSAP LAKE PARK RENOVATION (Construction 2020) RCO-Aquatic Lands Enhancement Account Grant (Max. $1 M) Replace falling fishing dock, accessible pathways & parking, restroom upgrades; new playground & shelter. Project Cost Estimate: $ 805,400 RCOIALEA Grant: $ 378,200 RCOIBoating Facilities $ 135,611 City Cash Match: $ 91,372 Force Acct. Labor: $ 122,717 Donations: $ 22,000 Local Grant (BPF): $ 6,500 Storm Water Grant: $ 50.000 WASHINGTON STATE Recreation and Conservation Office Project Application Report Project #18-1383, Warren Ave. Playfield Lighting & ADA Improvements Current Status: Application Submitted Project Details Primary Sponsor: City of Bremerton Funding Program: YAF -Large Project Type: Development Project Description Primary Contact: Colette Berna (360) 473-5429 Colette. Berna@ci.bremerton.wa.us Warren Avenue Playfield is an aging neighborhood park located on a 2 -acre parcel which provides active recreation opportunities for primarily youth football, baseball, and t - ball. The site contains an unpaved parking area and outdated sports field lighting on nearly 50 -year old wood light poles that are deteriorating. Currently no part of the park is ADA accessible. The park's renovation is identified as a high priority in the 2014 adopted Parks, Recreation & Open Space Plan with the goal to upgrade this well -loved park by removing physical barriers, preserving youth night games and improving player safety, and reducing maintenance operating expenses. The City will use this grant to install new energy- efficient LED sports field lighting, a new backstop, pave the gravel parking lot, and install an accessible pathway from the parking lot to the park's entry constructed from "donor bricks" purchased by the community. This project has been directly shaped by community involvement through an interactive website, numerous meetings with stakeholders, and public meetings conducted by the Parks & Recreation Commission. The park is located in an underserved area which qualifies for a match reduction of 10%. Project Overall Metrics (Outcomes, Benefits) Category 1 Work Type 1 Metric Program Outcomes Youth Served Youth Served by the development or renovation project Sites Improved Project acres renovated Completion Date Projected date of completion Project Funding Application Answer 300 300 1.50 05/31/2021 Funding Request Funding % Min Match Required Sponsor Match Source YAF - Large (FY2020) $350,000 76.19% Appropriation \ Cash Sponsor Match $109,400 23.81 % 50% Cash Donations Total Project Funding $459,400 100.00% Force Acct - Labor Grant - Local Project Cost Summary Project % Admin/A&E % DEVELOPMENT COSTS Development $392,900 A&E $66,500 16.93% Subtotal $459,400 100.00% Total Cost Estimate $459,400 100.00% Worksites and Properties City Areas: Bremerton County: Kitsap Legislative Districts 2012: 26 Congressional Districts 2012: 06 YAF Regions: North Olympic Coordinates: 47.57062041 -122.63412929 Worksite #1: Warren Avenue Playfield Maximum for Selected Program $350,000 Coordinates from Mapped Point: Latitude: 47.57062041 Longitude: -122.63412929 Coordinates from Worksite Latitude: Longitude: Directions: $58,400 $10,000 $34,500 $6,500 $78,580(20%) Worksite Description: The site is located in an existing 2 -acre park and includes outdated sports field lighting, goal posts at the east and west ends of the field, and a backstop at the southeast corner. The park is fenced and includes a restroom and swings at the northeast end of the park. At the southwest end of field stands the Warren Avenue Peewees clubhouse alongside a gravel parking lot. Site Access Directions: From the Seattle/Bremerton Ferry Terminal, exit tunnel and take first right on to Warren Avenue. Proceed two blocks and turn left on 6th Street. From 6th Street take first right on Broadway Avenue. Proceed to end of the street to arrive at playfield. Worksite Address: 1017 Warren Avenue Bremerton, WA 98337 Development Metrics (Outcomes, Benefits) Category 1 Work Type 1 Metric Athletic Fields Multi-purpose field development Total cost for Multi-purpose field development Number of multi-purpose fields Number of multi-purpose fields with lighting Number of multi-purpose fields by surface type - Natural Primary users of multipurpose fields Select the recreational uses of multi-purpose fields Select the mult-purpose field renovation elements Application Answer 0 new, 1 renovated 0 new, 1 renovated 1 Youth Baseball, Football Add/replace lighting, Add/upgrade field amenities General Site Improvements Develop circulation paths or access routes Total cost for development of circulation paths or access routes Enter length of circulation paths and routes by surface type - Asphalt 0 Enter length of circulation paths and routes by surface type - 0 Boardwalk Enter length of circulation paths and routes by surface type - 60 Concrete Enter length of circulation paths and routes by surface type - 0 Crushed rock Enter length of circulation paths and routes by surface type - 0 Recycled materials Minimum width of the circulation paths or access routes 6 Lighting provided (yes/no) No Install signslkiosk Total cost for Install signs/kiosk Number of kiosks 0 new, 0 renovated Number of interpretive signs/displays 1 new, 0 renovated Number of permanent entrance signs 1 new, 0 renovated Number of electronic signs 0 new, 0 renovated Project involves installation of informational signs (yes/no) Yes Parking and Roads Parking development Total cost for Parking development Number of vehicle parking stalls Number of vehicle with trailer parking stalls Number of accessible parking stalls - Vehicle Number of accessible parking stalls - Vehicle with trailers Select the parking surfaces Select the parking enhancements Site Preparation General site preparation Total cost for General site preparation Acres of site preparation Buildings / structures to be demolished Select the site preparation activities Utilities Install power utilities Total cost for Install power utilities Select the power utilities Cultural Resources Cultural resources Total cost for Cultural resources Acres surveyed for cultural resources 9 new, 9 renovated 0 new, 0 renovated 1 0 Asphalt Curbs, Striping, Wheel stops 1.50 Removal of eight nearly 50 -year old wood light poles Demolition, General site prep activities, Mobilization, Surveying, Traffic control General service connection, Relocate/bury power utility 1.50 Work Type Costs $205,000.00 $4,200.00 $2,800.00 $91,000.00 $47,500.00 $35,500.00 $3,400.00 Permits Obtain permits Total cost to Obtain permits Architectural & Engineering Architectural & Engineering (A&E) Total cost for Architectural & Engineering (A&E) Development Questions $3,500.00 $66,500.00 1 of 6 Identify the source of funds (i.e. federal grant, Conservation Futures, local appropriations, private land donation, etc.) that was originally used to acquire the property. In the 1920's the City purchased the parcels that now comprise Warren Ave. Playfield using local appropriations. 2 of 6 Cultural Resources: Has the worksite been investigated for historical, archeological, or cultural resources? If yes, when did this occur and what agencies and tribes were consulted? Attach related documents (letters, surveys, agreements, etc.) to your project in PRISM. No 3 of 6 Describe existing worksite site conditions. The answer to this question will be used in cultural resource consultation so please provide detailed information. The site consists of a concession/storage building (2,784 sf built in 1960) adjacent to a youth playfield lit with 8 wood light poles installed in 1970. The south west corner of the site includes an informal gravel parking lot that contains no landscaping and no ADA connections to park amenities. The northeast corner of the park includes a restroom (built in the 1950's) and a swing set. 4 of 6 Cultural Resources: Describe any proposed ground disturbing activities that will take place as part of your project. This includes work conducted by hand or mechanized tools. Provide specific information including length, width, and depth of the ground disturbance. Ground disturbing work includes all restoration activities, geotech, fencing, demolition, etc. Avoid subjective phrases such as "ground disturbing activities will be minor". Existing wood light poles will be cut 2' below grade. Geotech borings needed to identify subsoil conditions to specify engineering of foundations will consist of 2-3 borings approximately 15' below grade. 5 of 6 Give street address for this worksite if available. 1017 Warren Ave. 6 of 6 Cultural Resources: Are there any structures existing on the property (including tidegates, dikes, residential structures, bridges, rail grades, etc.)? If so, please list all existing structures. Indicate if any of these structures will be altered or demolished as a result of the project, and provide the following for each structure that could be altered or demolished: identifying name, year constructed, year(s) remodeled/renovated. Attach at least one photo of each altered structure. Yes, the deteriorating wood light poles (installed in 1970) and metal halide light fixtures (installed 1997) will be removed. Property for Warren Avenue Playfield Worksite #1: Warren Avenue Playfield Activity: Development Landowner Control and Tenure City of Bremerton Instrument Type: Sponsor owned property (deed) 345 6th St Ste 600 Purchase Type: Bremerton, WA 98337 Term Length: Perpetuity Expiration Date: Landowner Type: Local Government Note: Overall Project Questions 1 of 11 Is any part of the scope of work included in this application required as mitigation for another project or action? E.g. FERC relicensing, Habitat Conservation Plan, legal settlement, etc. If yes, explain: No 2 of 11 Describe any ground disturbing work that will be necessary as part of the design process, such as geotech work. Include anticipated number of test sites, depth of disturbance, location, etc. Test pits approximately 4' deep may be required during Cultural Resource Survey. In addition, geotech borings will be needed to identify subsoil conditions to specify engineering of foundations which may consist of 2-3 borings approximately 15' below grade. 3 of 11 Describe any required mitigation as a result of the action in this proposal. Will mitigation occur on this site or another location? N/A 4 of 11 Are overhead utility lines present at the site, and if so explain how they will be relocated or buried. Yes, overhead electrical lines serving light poles will be buried. 5 of 11 Will this proposal renovate or expand an existing public park/recreation area? If yes, what is the name of the existing area? Warren Avenue Playfield 6 of 11 Describe the nature of any existing rights-of-way, easements, reversionary interests, etc. to the project area. N/A 7 of 11 Does your project address or accommodate the anticipated effects of climate change? If yes or maybe, please describe how. Yes, the playfield lighting will be converted to energy-efficient LED lights which will cut down energy costs by over 50% over the standard lighting systems. In addition, the LED lighting systems will maximize efficient use of energy with instant on/off capabilities and dimming controls, which allow for the light output to be adjusted when full power of the system is not needed. Trouble -shooting for repairs and scheduling on/off of the lights will all be done via a web -base software program thus eliminating unnecessary trips out to the site providing additional fuel savings. 8 of 11 When this project is completed, what are the projected economic benefits to the community or region? Consider factors such as employment, tourism, environmental improvements, property values, tax revenues, and benefits to human health and wellness. The economic benefits may be realized by government, private businesses, or the general public. Reference existing studies or data. (750 characters max) Quality neighborhood parks are essential to attracting young families to Bremerton and fostering investment in nearby housing stock. Renovating older neighborhood parks such as Warren Avenue Playfield will enhance property values, increase municipal revenue, bring in home buyers and workers, and attract retirees. In addition, renovating Warren Ave. Playfield will help neighborhood residents increase their mental well-being and level of physical activity which results in medical savings from treating issues such as heart disease and diabetes that are inversely related to physical activity. The Trust for Public Land analyzed how city parks economically benefit cities by reviewing numerous studies and publishing their results in "Measuring the Economic Value of a City Park System" in 2009. This extensive research illustrates the economic benefits to the following seven attributes: property value, tourism, direct use, health, community cohesion, clean water and clean air. 9 of 11 Who will be responsible for administration, design, and/or implementation of this project (i.e. in-house staff, paid consultants, contractors, volunteers, other agency staff, etc.)? Explain. In-house staff will be responsible for administration, permitting and preliminary design. Consultants will be procured for topographic survey, cultural resources survey, engineering and geotechnical services. Construction will be carried -out by a combination of hired contractors, city crews, and volunteers. 10 of 11 Does this application contain state, federal or other grants as part of the "sponsor match"? If "yes," name the grant(s) and date grant will be available. No 11 of 11 Is this project a subsequent phase to a previously funded RCFB project? If yes, please identifythe grant project number(s) if known. No Project Permits Applied Received Expiration Permit Type Date Date Date Permit Number Archeological & Cultural Resoures (EO 05-05) Building Permit SEPA Permit Questions 1 of 1 Will this project require a federal permit? If this project requires a federal permit, will the scope of that permit cover ALL proposed ground disturbing activities included in this project? You may need to request a pre -application meeting with the permitting agency to answer this question. No Project Attachments Attachment Type Title Control & Tenure Warren Ave Playfield Deed.pdf.pdf Documentation Evaluation: Written criteria Evaluation Criteria Responses. pdf. pdf responses Map: Athletic Facility Athletic Facility Map.pdf.pdf Map: Boundary map — Draft Boundary Map.pdf.pdf Photo Photo Collage.jpg.jpg Project Application Report Application Report, 18-1383D (submitted 04/27/18 15:10:35).pdf Site Plan: Development site Site Plan.pdf.pdf plan Visuals Visuals - Historical Highlights & Existing Conditions. pdf. pdf Application Status Application Due Date: 05/01/2018 Status Status Date Name Notes Application Submitted 04/27/2018 Colette Berna Preapplication 03/06/2018 Attach Date 03/30/2018 04/27/2018 04/02/2018 04/02/2018 04/03/2018 04/27/2018 04/24/2018 04/24/2018 I certify that to the best of my knowledge, the information in this application is true and correct. Further, all application requirements due on the application due date have been fully completed to the best of my ability. I understand that if this application is found to be incomplete, it will be rejected by RCO. I understand that I may be required to submit additional documents before evaluation or approval of this project and I agree to provide them. (Colette Berna, 04/27/2018) Date of last change: 05/21/2018 WASHINGTON $TATE Recreation and Conservation Office Project Application Report Project #18-1649, Warren Ave. Neighborhood Park Renovation Current Status: Application Returned Project Details Primary Sponsor: City of Bremerton Funding Program: WWRP - Local Parks Project Type: Development Project Description Primary Contact: Colette Berna (360) 473-5429 Colette.Berna@ci.bremerton.wa.us Warren Avenue Playfield is an aging neighborhood park located on a 2 -acre parcel which provides active and passive recreation opportunities for sports groups and neighborhood residents. The site contains an unpaved parking area, outdated sports field lighting on nearly 50 -year old wood light poles that are deteriorating, a cracked cinderblock restroom built in the 1950's, and a substandard children's playground located near a busy traffic intersection. Currently no part of the park is ADA accessible. The park's renovation is identified as a high priority in the 2014 adopted Parks, Recreation & Open Space Plan with the goal to provide the neighborhood a safe, accessible and close -to -home place to recreate and play. This project will develop accessible pathways throughout the site to access new updated site amenities including: paved parking lot, children's playground, restroom, shelter, energy-efficient LED sports field lighting, backstop, and enhanced entry constructed from "donor bricks" purchased by the community. This project has been directly shaped by community involvement through an interactive website, numerous meetings with stakeholders, and public meetings conducted by the Parks & Recreation Commission. The park is located in an underserved area which qualifies for a match reduction of 10%. Project Overall Metrics (Outcomes, Benefits) Category 1 Work Type 1 Metric Sites Improved Project acres developed Project acres renovated Completion Date Projected date of completion Project Funding Application Answer 0.00 2.00 01/01/2021 Funding Request Funding % Min Match Required Sponsor Match Source WWRP - Local Parks (FY2020) $500,000 50.10% Appropriation \ Cash $82,000 Sponsor Match $498,000 49.90% 50% Cash Donations $25,000 Total Project Funding $998,000 100.00% Force Acct - Labor $34,500 Grant - Local $6,500 Grant - RCO YAF $350,000 Project Cost Summary Project % AdminlA&E % Maximum for Selected Program DEVELOPMENT COSTS $500,000 Development $878,400 A&E $119,600 13.62% $175,680(20%) Subtotal $998,000 100.00% Total Cost Estimate $998,000 100.00% Worksites and Properties County: Kitsap Legislative Districts 2012: 26 Congressional Districts 2012: 06 Sections: 14 Township: T24NROlE Coordinates: 47.57051241 -122.63433129 Worksite #1: Warren Avenue Playfield Coordinates from Mapped Point: Latitude: 47.57051241 Longitude: -122.63433129 Coordinates from Worksite Latitude: Longitude: Directions: Worksite Description: The site is located in an existing 1.9 -acre park and includes outdated sports field lighting, goal posts at the east and west ends of the field, and a backstop at the southeast corner. The park is fenced and includes a restroom and swings at the northeast end of the park. At the southwest end of field stands the Warren Avenue Peewees clubhouse alongside a gravel parking lot Site Access Directions: From the Seattle/Bremerton Ferry Terminal, exit tunnel and take first right on to Warren Avenue. Proceed two blocks and turn left on 6th Street. From 6th Street take first right on Broadway Avenue. Proceed to end of the street to arrive at playfield. Worksite Address: 1017 Warren Avenue Bremerton, WA 98310 Development Metrics (Outcomes, Benefits) Category 1 Work Type 1 Metric Athletic Fields Multi-purpose field development Total cost for Multi-purpose field development Number of multi-purpose fields Number of multi-purpose fields with lighting Number of multi-purpose fields by surface type - Natural Number of multi-purpose fields by surface type - Synthetic Primary users of multipurpose fields Select the recreational uses of multi-purpose fields Select the mult-purpose field renovation elements Buildings and Structures Construct 1 install restroom Total cost for Construct / install restroom Number of restrooms Select the restroom type Provide the square feet of each restroom Application Answer 0 new, 1 renovated 0 new, 1 renovated 1 0 Youth Baseball, Football Add/replace fencing, Add/replace lighting, Add/upgrade field amenities 0 new, 1 renovated Restroom 175 General Site Improvements Construct picnic shelter Total cost for Construct picnic shelter Number of group picnic shelters 1 new, 0 renovated Provide the square feet of each group picnic shelter 520 Select the picnic shelter amenities None Develop circulation paths or access routes Total cost for development of circulation paths or access routes Enter length of circulation paths and routes by surface type - Asphalt 388 Enter length of circulation paths and routes by surface type - 168 Concrete Minimum width of the circulation paths or access routes 6 Lighting provided (yes/no) No Install fencingibarriers Total cost for Install fencing/barriers Select the fencing types Chain link fencing Linear feet of fencing/barriers installed 173 Number in feet of fence height 4 Select the barrier types No barriers Install general site structures Total cost for Install general site structures Select one or more of the sheltered structures included in the Other project Select one or more of the surface structures included in the project Retaining wall Square feet of sheltered/surface structures 0 Length of retaining wall/seating wall (feet) 88 Install signslkiosk Total cost for Install signs/kiosk Number of kiosks 0 new, 0 renovated Number of interpretive signs/displays 1 new, 0 renovated Number of permanent entrance signs 1 new, 0 renovated Number of electronic signs 0 new, 0 renovated Project involves installation of informational signs (yes/no) Yes Install site furnishings Total cost for Install site furnishings Select the site furniture / amenities Drinking fountains, Pet waste bag dispensers, Picnic tables, Recycling/Trash receptacles Landscaping improvements Total cost for Landscaping improvements Acres of landscaped area Select the landscape features Parking and Roads 0.19 Grass/turf, Groundcover, Irrigation, Trees/shrubs Work Type Costs $205,000.00 $118,800.00 $63,000.00 $38,500.00 $6,400.00 $26,000.00 $2,800.00 $22,500.00 $38,500.00 Parking development Total cost for Parking development Number of vehicle parking stalls Number of vehicle with trailer parking stalls Number of accessible parking stalls - Vehicle Number of accessible parking stalls - Vehicle with trailers Select the parking surfaces Select the parking enhancements Play Areas Playground development Total cost for Playground development Number of play areas Number of play structures/major components (slide set, swing set, etc.) Number of climbing walls/rocks Select the play area surface material type Square feet of playgrounds Site Preparation General site preparation Total cost for General site preparation Acres of site preparation Number of trail miles for site preparation Buildings / structures to be demolished Select the site preparation activities Utilities Install power utilities Total cost for Install power utilities Select the power utilities Install sewage system Total cost for Install sewage system Number of dump stations Select the sewer utilities Install water system Total cost for Install water system Select the water utilities Cultural Resources Cultural resources Total cost for Cultural resources Acres surveyed for cultural resources Number of trail miles surveyed for cultural resources Permits Obtain permits Total cost to Obtain permits Number of permits required for implementation of project Architectural & Engineering Architectural & Engineering (A&E) Total cost for Architectural & Engineering (A&E) 9 new, 9 renovated 0 new, 0 renovated 1 0 Asphalt Curbs, Striping, Wheel stops 1 new, 0 renovated 13 new, 0 renovated 0 new, 0 renovated Engineered wood fiber 1570 2.00 0.00 Restroom (1950's) 8 wood light poles (1970) Demolition, General site prep activities, Mobilization, Surveying, Traffic control General service connection, Power line, Relocate/bury power utility 0 new, 0 renovated Sewer connection Water service connection 2.00 0.00 $75,500.00 $98,000.00 $104,500.00 $58,500.00 $5,200.00 $4,500.00 $3,800.00 $6,900.00 $119,600.00 Development Questions 1 of 7 Is the worksite(s) located within an existing park, wildlife refuge, natural area preserve, or other recreation or habitat site? If yes, name the area and specify if the land is owned by local, state or federal government. Yes, Warren Avenue Playfield is an existing city park. 2 of 7 Identify the source of funds (i.e. federal grant, Conservation Futures, local appropriations, private land donation, etc.) that was originally used to acquire the property. In the 1920's the City purchased the parcels that now comprise Warren Ave. Playfield using local appropriations. 3 of 7 Cultural Resources: Has the worksite been investigated for historical, archeological, or cultural resources? If yes, when did this occur and what agencies and tribes were consulted? Attach related documents (letters, surveys, agreements, etc.) to your project in PRISM. No 4 of 7 Describe existing worksite site conditions. The answer to this question will be used in cultural resource consultation so please provide detailed information. The site consists of a concession/storage building (1960) adjacent to a youth playfield lit with 8 wood light poles installed in 1970. The south west corner of the site includes an informal gravel parking lot that contains no landscaping and no ADA connections to park amenities. The northeast corner of the park includes a restroom (built in the 1950's) and a swing set. 5 of 7 Cultural Resources: Describe any proposed ground disturbing activities that will take place as part of your project. This includes work conducted by hand or mechanized tools. Provide specific information including length, width, and depth of the ground disturbance. Ground disturbing work includes all restoration activities, geotech, fencing, demolition, etc. Avoid subjective phrases such as "ground disturbing activities will be minor". Existing wood light poles will be cut 2' below grade. Geotech borings needed to identify subsoil conditions to specify engineering of foundations will consist of 2-3 borings approximately 15' below grade. 6 of 7 Give street address for this worksite if available. 1017 Warren Ave. 7 of 7 Cultural Resources: Are there any structures existing on the property (including tidegates, dikes, residential structures, bridges, rail grades, etc.)? If so, please list all existing structures. Indicate if any of these structures will be altered or demolished as a result of the project, and provide the following for each structure that could be altered or demolished: identifying name, year constructed, year(s) remodeled/renovated. Attach at least one photo of each altered structure. Yes, the cinder block restroom (built in 1950's) and wood light poles (installed in 1970) will be removed. Property for Warren Avenue Playfield Worksite #1: Warren Avenue Playfield Activity: Development Landowner Control and Tenure City of Bremerton Instrument Type: Sponsor owned property (deed) 345 6th St Ste 600 Purchase Type: Bremerton, WA 98337 Term Length: Perpetuity Expiration Date: Landowner Type: Local Government Note: Overall Project Questions 1 of 18 Does the project site or project boundary lie within the urban growth area boundary of a city or town with a population of 5,000 or more? If yes, name the community and attach one map called Population Proximity Map under the Attachment Tab in PRISM. Yes, the project site is within the City of Bremerton, population 40,675 (2016). 2 of 18 Describe any ground disturbing work that will be necessary as part of the design process, such as geotech work. Include anticipated number of test sites, depth of disturbance, location, etc. Test pits approximately 4' deep may be required during Cultural Resource Survey. In addition, geotech borings will be needed to identify subsoil conditions to specify engineering of foundations which may consist of 2-3 borings approximately 15' below grade. 3 of 18 When will the project be completed and made available to the public for outdoor recreation uses? Please note that funding may not be awarded for about one year from application submittal and it may take one or more years for you to complete the project. January 1, 2021 4 of 18 Describe any required mitigation as a result of the action in this proposal. Will mitigation occur on this site or another location? N/A 5 of 18 Are overhead utility lines present at the site, and if so explain how they will be relocated or buried. Yes, overhead electrical lines serving new light poles and restroom will be buried. 6 of 18 Will this proposal create a new public park/recreation area where none presently exists? If yes, what will the area be named? No. 7 of 18 Will this proposal renovate or expand an existing public park/recreation area? If yes, what is the name of the existing area? Yes. Warren Avenue Playfield. 8 of 18 How does this proposal implement goals in your agency's planning document and/or the Statewide Comprehensive Plan (include references) The project is identified as a high priority in Bremerton's adopted 2014 Parks, Recreation & Open Space Plan. Specific goals in this plan include: continue to involve stakeholders in the planning of park projects and undertakings; continue updating/renovating older parks through community engagement, grant opportunities and partnerships; and work with citizen groups to upgrade accessibility and play value of all city parks. 9 of 18 Is this project scope part of a larger effort not reflected in the project application? If so, briefly describe the larger effort, funding amount(s) and source(s). No. 10 of 18 Describe the nature of any existing rights-of-way, easements, reversionary interests, etc. to the project area. N/A 11 of 18 Is the project on State Owned Aquatic Lands? Please contact the Washington State Department of Natural Resources to make a determination. (www.dnr.wa.gov/Publications/aqr land_manager map.pdQ No 12 of 18 Does your project address or accommodate the anticipated effects of climate change? If yes or maybe, please describe how. Yes, the playfield lighting will be converted to energy-efficient LED lights which will cut down energy costs by over 50% over the standard lighting systems. In addition, the LED lighting systems will maximize efficient use of energy with instant on/off capabilities and dimming controls, which allow for the light output to be adjusted when full power of the system is not needed. Trouble -shooting for repairs and scheduling on/off of the lights will all be done via a web -base software program thus eliminating unnecessary trips out to the site providing additional fuel savings. 13 of 18 When this project is completed, what are the projected economic benefits to the community or region? Consider factors such as employment, tourism, environmental improvements, property values, tax revenues, and benefits to human health and wellness. The economic benefits may be realized by government, private businesses, or the general public. Reference existing studies or data. (750 characters max) Quality neighborhood parks are essential to attracting young families to Bremerton and fostering investment in nearby housing stock. Renovating older neighborhood parks such as Warren Avenue Playfield will enhance property values, increase municipal revenue, bring in home buyers and workers, and attract retirees. In addition, renovating Warren Ave. Playfield will help neighborhood residents increase their mental well-being and level of physical activity which results in medical savings from treating issues such as heart disease and diabetes that are inversely related to physical activity. The Trust for Public Land analyzed how city parks economically benefit cities by reviewing numerous studies and publishing their results in "Measuring the Economic Value of a City Park System" in 2009. This extensive research illustrates the economic benefits to the following seven attributes: property value, tourism, direct use, health, community cohesion, clean water and clean air. 14 of 18 Who will be responsible for administration, design, and/or implementation of this project (i.e. in-house staff, paid consultants, contractors, volunteers, other agency staff, etc.)? Explain. In-house staff will be responsible for administration, permitting and preliminary design. Consultants will be procured for topographic survey, cultural resources survey, engineering and geotechnical services. Construction will be carried -out by a contractor procured through a competitive public bid process. Playground will be installed by city crews and volunteers. 15 of 18 Do you plan to restrict or limit general public availability or use of the site in anyway'? If yes, describe the type of restriction, the portion of the project area that will be restricted (an illustrative map may be requested), and the reason(s) the public will be restricted. No 16 of 18 Does this application contain state, federal or other grants as part of the "sponsor match"? If "yes," name the grant(s) and date grant will be available. Yes, RCO Youth Athletic Facilities Grant is used as sponsor match and will be available June 2019. 17 of 18 Does this application contain elements required for mitigation for other project(s)? If yes, explain: No 18 of 18 Is this project a subsequent phase to a previously funded RCFB project? If yes, please identifythe grant project number(s) if known. No Project Permits Applied Received Expiration Permit Type Date Date Date Permit Number Archeological & Cultural Resoures (EO 05-05) Building Permit SEPA Permit Questions 1 of 1 Will this project require a federal permit? If this project requires a federal permit, will the scope of that permit cover ALL proposed ground disturbing activities included in this project? You may need to request a pre -application meeting with the permitting agency to answer this question. No Project Attachments Attachment Type Application Review Report Control & Tenure Documentation Evaluation: Project presentation - Tech Review Mtg Evaluation: Project presentation - Tech Review Mtg Map: Boundary map — Draft Photo Project Application Report Site Plan: Development site plan Title Attach Date Application Review Report, 18-1649D(rtnd 05/25/18 09:13:00).pdf 05/25/2018 Warren Ave Playfield Deed.pdf.pdf 03/30/2018 18-1649D-5.25.18—rev.ppt.ppt 05/24/2018 18-1649D-5.25.18. ppt. ppt 05/23/2018 Boundary Map.pdf.pdf 04/02/2018 Photo Collage.jpg.jpg 04/23/2018 Application Report, 18-1649D (submitted 04/26/18 16:06:17).pdf 04/26/2018 Site Plan.pdf.pdf 04/24/2018 Application Status Application Due Date: 05/01/2018 Status Status Date Name Application Returned 05/25/2018 Kim Sellers Application Submitted 04/26/2018 Colette Berna Preapplication 03/30/2018 Notes HI Colette, I'm returning your application so you can make changes. Don't forget that you will need to resubmit your application by the technical completion deadline (I don't have that date with me right now...). Let me know if you have any questions. klm I certify that to the best of my knowledge, the information in this application is true and correct. Further, all application requirements due on the application due date have been fully completed to the best of my ability. I understand that if this application is found to be incomplete, it will be rejected by RCO. I understand that I may be required to submit additional documents before evaluation or approval of this project and I agree to provide them. (Colette Berna, 04/26/2018) Date of last change: 05/25/2018 I (AZ:; "(4 .......... H, OWN' • c IA as > Q.. A . 0 C45 0 C3 0 ..-C23 Project Application Report Project #18-1646, Kitsap Lake Fishing Pier & Park Renovation Current Status. Application Submitted Project Details Primary Sponsor: City of Bremerton Funding Program: Aquatic Lands Enhancement Acct Project Type: Development Project Description Primary Contact: Colette Berra (360)473-5429 Colette. Berna@ci.bremerton.wa.us Kitsap Lake Park is a 2 -acre lake front neighborhood park adjacent to a 40 -acre forested wetland. The park is popular year-round for water recreation as it is the only freshwater lake in Bremerton and has long served the Kitsap County region and its residents. A variety of park uses occur and include, but are not limited to: fishing, swimming, boating, nature walking, and wildlife/wetlands habitat observation. Maintaining usable docks to ensure safe public access to the lake for these activities is a high priority as identified in the 2014 adopted Parks, Recreation & Open Space Pian. In addition, Kitsap Lake Park is the City's only neighborhood park west of Highway 3 with the nearest neighborhood park east of the highway three miles away. The City will use this grant to replace the 30 -year old deteriorating fishing pier with a fish -friendly over water structure, provide ADA access and physical upgrades to the restroom, improve seating area along lake's edge. and install ADA parking and pathways to link park amenities throughout the site including a new picnic shelter overlooking the water, lake and wetland viewpoints and educational interpretive signage. This project has been directly shaped by community involvement through meetings with stakeholders and public meetings conducted by the Bremerton Parks & Recreation Commission. Project Overall Metrics (Outcomes, Benefits) Category f Work Type I Metric Application Answer Sites Improved Project acres developed 1.05 Project acres renovated 0,87 Completion date Projected date of completion 1213112022 Project Funding Funding Request Funding % Min Match Required Sponsor Match Source Aquatic Lands Enhancement Acct $378.200 5000% Appropriation 1 Cash $91,372 (FY2020) Cash Donations $22,000 Sponsor Match $378,200 50.00% 50% Force Acct - Labor $122,717 Total Project Funding $756,400 100.00% Grant- Local $6,500 Grant - RCO BFP $135,611 Project Cost Summary project % AdminlA&E % Maximum for Selected Program DEVELOPMENT COSTS $500,000 Development $638,535 A&E $117.865 1846% $127,707(20%) Subtotal $756.400 100,00% Total Cost Estimate $756.400 100,00% Worksites and Properties County: Kitsap Legislative Districts 2012: 35 Congressional Districts 2012: 06 Salmon Recovery Regions: Puget Sound DNR Watershed Units (WAU): CHICO 4th Field Catalog Units (HUC): KITSAP WRIA: Kitsap Sections: 17 Township: T24NR01E Coordinates: 47.56585641 -122.70155629 Worksite #1: Kitsap Lake Park Coordinates from Mapped Point: Latitude: 47.56585541 Longitude: -122.70155629 Coordinates from Worksite Latitude: Directions: Longitude: Worksite Description: A 2 -acre lake front park with boating and fishing facilities located on Kitsap Lake with adjacent 44 -acre forested wetland. The park is the only freshwater lake in Bremerton and is popular for boating and fishing throughout the year. Proposed improvements include replacement of failing fishing pier, improvements to accessibility including parking, pathways, restroom upgrades and new wildlife viewpoints and a new picnic shelter. Site Access Directions: From the Bremerton Ferry terminal, start out going NW on WA-30411st St, toward Washington Ave. Continue to follow WA -304, Tum right onto N. Callow Ave/VVA 310. Take the 1st left onto 6th St/WA-310. Continue to follow WA -310. WA -310 becomes Kitsap Way. Tum slight left onto Wilmont St. Tum slight left to stay on Wilmont St. Tum left onto Harlow Dr. Take the 2nd right onto Price Rd. NW. In 0.4 miles the park is on your right. Worksite Address: 1978 Price Road Bremerton, WA 98312 Development Metrics (Outcomes, Benefits) Category 1 Work Type f Metric Buildings and Structures Construct 1 Install restroom Total cost for Construct 1 install restroom Number of restrooms Select the restroom type Provide the square feet of each restroom Application Answer 0 new, 1 renovated Restoom with showers, Restroom 638 General Site Improvements Develop circulation paths or access routes Total cost for development of circulation paths or access routes Wood fencing Enter length of circulation paths and routes by surface type - Asphalt 1500 Enter length of circulation paths and routes by surface type - 0 Boardwalk Bollards Enter length of circulation paths and routes by surface type - 0 Concrete Enter length of circulation paths and routes by surface type - 0 Crushed rack Enter length of circulation paths and mutes by surface type - 0 Recycled materials 432 Minimum width of the circulation paths or access routes 6 Lighting provided (yes/no) No Develop viewpoint Total cost for Develop viewpoint 1 new, 0 renovated Number of designated viewpoints 2 new, 0 renovated Select the viewpoint structures Benches/seating, View shelter Number of square feet of the viewing platform / shelter 434 Install fencingibarriers Total cast for Install fencing/barriers Select the fencing types Wood fencing Linear feet of fencing/barriers installed 192 Number in feet of fence height 4 Select the barrier types Bollards Install general site structures Total cost for Install general site structures Select one or more of the sheltered structures included in the Shade structure project Select one or more of the surface structures included in the project Seating wall Square feet of sheltered/surface structures 432 Length of retaining wall/seating wall (feet) 67 Install signs/kiosk Total cost for Install signslkiosk Number of kiosks 1 new, 0 renovated Number of interpretive signs/displays 1 new, 0 renovated Number of permanent entrance signs 1 new, 0 renovated Project involves installation of informational signs (yes/no) Yes Install site furnishings Total cost for Install site furnishings Select the site fumiture / amenities Benches, Pet waste bag dispensers, Picnic tables. Recycling/Trash receptacles Landscaping improvements Total cost for Landscaping improvements Acres of landscaped area Select the landscape features Parking and Roads Parking development Total cost for Parking development 0.75 GrassRurf, Irrigation. Native vegetation, Trees/shrubs Work Type Costs $36,600A0 $98,950.00 $8,500.00 $17,964.40 $91,485.00 $5.160.00 $26.080.00 $47,435.00 $46,300.00 Number of vehicle parking stalls Number of vehicle with trailer parking stalls Number of accessible parking stalls - Vehicle Number of accessible parking stalls - Vehicle with trailers Select the parking surfaces Select the parking enhancements Site Preparation General site preparation Total cost for General site preparation Acres of site preparation Buildings 1 structures to be demolished Select the site preparation activities Water Access Develop fishing facilities Total cost for Develop fishing facilities Number of fishing facilities Select the fishing facilities Number of fish Leaning stations Cultural Resources Cultural resources Total cost for Cultural resources Acres surveyed for cultural resources Number of trail miles surveyed for cultural resources Penults Obtain parmlts Total cost to Obtain permits Number of permits required for implementation of project Architectural & Engineering Architectural & Engineering (A&E) Total cost for Architectural & Engineering (A&E) 1 new, 7 renovated 0 new, 0 renovated 2 0 Asphalt Curbs, Striping, Wheel stops 1.92 Fishing Dock (1989) Demolition, General site prep activities, Mobilization, Removal of piling, Surveying 6 new, 1 renovated Dock. Float, Hard -surface access 0 new, 0 renovated 1.92 0.00 $141.690.00 $96.757.00 $3,400.00 $18,214.00 $117.865.00 Development Questions 1 of 7 Identify the source of funds (i.e. federal grant, Conservation Futures, local appropriations, private land donation, etc.) that was originally used to acquire the property. Acquisition of Kitsap Lake Park was made possible with assistance from the IAC and LWCF in 1971. 2 of 7 Is the workelte(s) located within an existing park, wildlife refuge, natural area preserve, or other recreation or habitat site? It yes, name the area and specify if the land Is owned by local, state or federal government. Yes, Kitsap Lake Park is an existing city park - 3 of 7 Cultural Resources: Has the worksite been Investigated for historical, archeological, or cultural resources? If yes, when did this occur and what agencies and tribes were consulted? Attach related documents (letters, surveys, agreements, etc.) to your project in PRISM. No 4 of 7 Describe existing worksite site conditions. The answer to this question will be used in cultural resource consultation so please provide detailed information. The site consists of a 43 -stall parking lot, restroom (1989), boat ramp, dock and fishing pier (1989), and the city's pump station (1985). 5 of 7 Cultural Resources: Describe any proposed ground disturbing activities that will take place as part of your project. This includes work conducted by hand or mechanized tools. Provide specific information Including length, width, and depth of the ground disturbance. Ground disturbing work includes all restoration activities, geotech, fencing, demolition, etc. Avoid subjective phrases such as "ground disturbing activities will be minor'. Existing pilings for floating docks will be removed and replaced. Other ground disturbing activities include regrading of site to accommodate accessible asphalt pathways, installation of seating wail and installation of concrete slabs for viewpoints, tables, benches and picnic shelter. 6 of 7 Give street address for this worksite if available. 1978 Price Road 7 of 7 Cultural Resources: Are there any structures existing on the property (including tidegates, dikes, residential structures, bridges, rail grades, etc.)? If so, please list all existing structures. Indicate if any of these structures will be altered or demolished as a result of the project, and provide the following for each structure that could be altered or demolished: identifying name, year constructed, year(s) remodeled/renovated. Attach at least one photo of each altered structure. Yes, existing floating docks including pilings (1889) will be removed and replaced and the park's restroom (1989) will be renovated. Property for Kitsap Lake Park Worksite #1: Kitsap Lake Park Activity; Development Landowner Control and Tenure City of Bremerton Instrument Type: Sponsor owned property (deed) 345 6th St Ste 600 Purchase Type: Bremerton, WA 98337 Term Length: Perpetuity Expiration Date: Landowner Type: Local Government Note: Overall Project Questions 1 of 11 Does the project site or project boundary lie within the urban growth area boundary of a city or town with a population of 5,000 or more? If yes, name the community and attach one map called Population Proximity Map under the Attachment Tab to PRISM. Yes, the project site is within the City of Bremerton, population 40.675 (2016), 2 of 11 Describe any ground disturbing work that will be necessary as part of the design process, such as geotech work. Include anticipated number of test sites, depth of disturbance, location, etc. Geotech work may be needed for design of new pilings. 3 of 11 Is the project on State Owned Aquatic Lands? Please contact the Washington State Department of Natural Resources to make a determination. (www.dnr.wa.gov/Publications/agr_land_manager map.pdf] No 4 of 11 Does your project address or accommodate the anticipated effects of climate change? If yes or maybe, please describe how. Yes, Kitsap Lake is the only fresh water lake in the City of Bremerton providing residents a place to recreate dose -lo -home without driving long distances (reducing pollution and consumption of fossil fuels). The development proposed will be designed with consideration for the environment including: fish habitat friendly design and decking for the docks, pet waste bag dispensers to help protect the lake's water quality, and native and drought tolerant plant species to conserve water. Long term this park will serve as the north trailhead for a 3 -mile paved trail linking Central and South Kitsap, two areas of the county that currently aren't easy or especially safe for cyclists to navigate. 5 of 11 When this project Is competed, what are the projected economic benefits to the community or region? Consider factors such as employment, tourism, environmental improvements, property values, tax revenues, and benefits to human health and wellness. The economic benefits may he realized by government, private businesses, or the general public. Reference existing studies or data. (750 characters max) Quality parks are essential to attracting new residents to Bremerton and fostering investment in nearby housing stock. Renovating older neighborhood parks such as Kitsap Lake Park will enhance property values. increase municipal revenue, bring in home buyers and workers, and attract retirees. in addition, renovating Kitsap Lake Park will help residents increase their mental well-being and level of physical activity which results in medical savings from treating issues such as heart disease and diabetes that are inversely related to physical activity. The Trust for Public Land analyzed how city parks economically benefit cities by reviewing numerous studies and publishing their results in "Measuring the Economic Value of a City Park System" in 2009. This extensive research illustrates the economic benefits to the following seven attributes: property value, tourism, direct use, health, community cohesion, dean water and clean air. 6 of 11 Who will be responsible for administration, design, and/or implementation of this project (i.e. in-house staff, paid consultants, contractors, volunteers, other agency staff, etc.)? Explain. In-house staff will be responsible for administration, permitting and preliminary design. Consultants will be procured for topographic survey. cultural resources survey, engineering and geotechnical services. Construction will be carried -out by a combination of hired contractors, city crews, and volunteers. 7 of 11 Do you plan to restrict or limit general public availability or use of the site In any way? If yes, describe the type of restriction, the portion of the project area that will be restricted (an illustrative map may be requested), and the reasons) the public will be restricted. No 8 of 11 Does this application contain state, federal or other grants as part of the "sponsor match"? If "yes," name the grant(s) and date grant will be available. Yes, a proposed RCO Boating Facility Program grant is used as sponsor match and will be available June 2019. 9 of 11 Does this application contain elements required for mitigation for other project($)? If yes, explain: No 10 of 11 Is this project a subsequent phase to a previously funded RCFB project? If yes, please Identify the grant project number(s) if known. No 11 of 11 Are there known subsequent phases for which you expect to seek future RCFB grant funding? The City of Bremerton may request future RCFB funding for future phases of the park development which will include upland play opportunities. Project Permits Applied Received Expiration Permit Type Date Date Date Permit Number Archeological & Cultural Resoures (EO 05-05) Building Permit Hydraulics Project Approval [HPAJ SEPA Shoreline Permit Permit Questions 1 of 1 Will this project require a federal permit? If this project requires a federal permit, will the scope of that permit cover ALL proposed ground disturbing activities included in this project? You may need to request a pre -application meeting with the permitting agency to answer this question. Yes, a US Army Corps of Engineers permit will be required for the structure (fishing pier) over navigable US waters.The scope of the permit will cover all proposed ground disturbing activities. Project Attachments Attachment Type Title Attach Date Control & Tenure Kitsap Lake Park Deeds.pdf.pdf 03/30/2018 Documentation Evaluation Project 18-1646 ALEA_Kitsap Lake_rev,pptx.pptx 0513012018 presentation - Tech Review Mtg Evaluation. Project 18-1646 ALEA_Kitsap Lake.pptx.pptx 05/30/2018 presentation - Tech Review Mtg Map: Boundary map — Draft Boundary Map.jpg.jpg 04/17/2018 Photo Photos.jpg •jpg 04/2612018 Project Application Report Application Report. 18-1646D {submitted 04/27/18 14MA1}.pdf 04/27/2018 Site Plan. Development site Kitsap Lake Park - Development Site Plan.pdf,pdf 04/26/2018 plan Application Status Application Due Date: 05/0112018 Status Status Date Name Notes Application Submitted 04127/2018 Colette Berna Preapplication 03130/2018 I certify that to the best of my knowledge, the information in this application is true and correct. Further, all application requirements due on the application due date have been fully completed to the best of my ability. I understand that K this application is found to be incomplete, it will be rejected by RCD. I understand that I may be required to submit additional documents before evaluation or approval of this project and I agree to provide them. (Colette Berna, 04127/2018) Date of last change 0412 7Y20 IS 'O aJ > C dA a) C -I-- a) v cz a� Z caAi L V4- --+' a Q a D v �. �► / 06 C: m _ co Ln L- 0 O w � 'a co bn bn > N Ew �' 1 (n Q1 O tw u(n n i dA L � Q w c L, a + C6 dA W 1 -J 1 E r O v 4le 41* Ea� L +� O > o J O 'X N OC v �. �► / 06 C: m _ co Ln L- 0 O w � 'a _� bn > N 76 > L (n Q1 O (6 a VE u dA Q w c L, a + C6 dA -J v) E O v N Ea� L +� O > o J O 'X N OC C C z U Q v �. �► / 06 C: m _ co Ln L- 0 O w � 'a AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Works Agreement with Better Boats, Inc. (dba Lee Shore Boats) to Repower the existing Argus Fire Boat Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5K June 13, 2018 June 20, 2018 Fire David Schmitt, Chief (360) 473-5381 SUMMARY: Contracted work to repower the existing Argus Fire Boat, included in the capital budget for 2018. Total cost estimated at $79,468.04 (includes tax) ATTACHMENTS: 1) Public Works Agreement; 2) Wage Comp Certification FISCAL IMPACTS (Include Budgeted Amount): $79,468.04 (includes tax) STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Public Works Agreement with Better Boats Inc. dba Lee Shore Boats; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Better Boats Inc. dba Lee Shore Boats ("Contractor"), whose mailing address is PO Box 2154 Port Angeles, WA 98363 The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the Citv: Modify engine room and deck hatch area to include below deck storage compartment. Will include all materials/consumables Close off jet intake. Will include materials/consumables Modify/convert transom to full width outboard bracket for twin 30" outboards. Will include materials/consumables Supply/install dual 30" Honda BF250 outboards. Will include the following: Honda fly by wire rigging kit, including all wiring/gauges/controls. Dual cylinder Teleflex hydraulic steering system. Racor fuel filters, hoses, clamps, hardware, etc. Apply Matson floor grip deck coating to walking surfaces, to include Matson primer, and all materials Supply/apply two coats Primocon primer and two coats Trilux 33 anti -fouling bottom paint, to approx. 4" above waterline Install Raymarine navigation package. Will include labor/materials: E7 Gps/depth finder, 18" Raydome, VHF radio, antenna, and mount 2. TIME OF COMPLETION. Contractor shall complete the work within 180 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $73,310, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. PUBLIC WORKS AGREEMENT — Page 1 of 10 (between Citv of Bremerton and Better Boats Inc.) A. No Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. PUBLIC WORKS AGREEMENT — Page 2 of 10 (between City of Bremerton and Better Boats Inc) 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including PUBLIC WORKS AGREEMENT — Page 3 of 10 (between City of Bremerton and Better Boats Inc) any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims PUBLIC WORKS AGREEMENT — Page 4 of 10 (between City of Bremerton and Better Boats Inc) for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. PUBLIC WORKS AGREEMENT — Page 5 of 10 (between City of Bremerton and Better Boats Inc) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any PUBLIC WORKS AGREEMENT — Page 6 of 10 (between City of Bremerton and Better Boats Inc) operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or any person acting on behalf of such Contractor or sub -contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing_Law. This agreement shall be governed and construLaw. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. PUBLIC WORKS AGREEMENT — Page 7 of 10 (between City of Bremerton and Better Boats Inc) G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. _ Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub -sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR Print Name: Title: DATE Notices to be sent to: CONTRACTOR: PUBLIC WORKS AGREEMENT — Page 8 of 10 (between City of Bremerton and Better Boats Inc) THE CITY OF BREMERTON Print Name: Title: DATE Notices to be sent to: CITY OF BREMERTON: Bremerton, WA (360) (360) (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk R:\LEGAL\Contracts\FORMS\ShortForm.PW.Agr.doc PUBLIC WORKS AGREEMENT — Page 9 of 10 (between City of Bremerton and Better Boats Inc) PREVAILING WAGES Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (May 24 2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder's Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ State of Incorporation, or if not a corporation, State where business entity was formed: If a co -partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Community Development Block Grant (CDBG) Award; Agency Service Agreement with Public Works; and Budget Adjustment for Quincy Square on 4th Street Project Study Session Date: June 13, 2018 COUNCIL MEETING Date: June 20. 2018 Department: Presenter: Phone: PW & Utilities Chal Martin (360) 473-5758 SUMMARY: Grant agreement for the use of CDBG funds for the Quincy Square on 4th Street project. Quincy Square on 4th Street is a capital project that will revitalize a one block segment of 4th Street from Washington Avenue to Pacific Avenue with new sidewalks, roadway, lighting, and architectural elements that will create a modern walkable streetscape. Quincy Square on 4th is envisioned as a regionally significant destination for events such as street fairs and musical acts. The CDBG grant will fund a portion of the Architectural and Engineering Plans for the future construction of the improvements. A state appropriation will fund the rest of the design phase of the project. ATTACHMENTS: 1) Agreement; 2) Street Conceptual Plans and Vicinity Exhibits FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a CDBG capital grant of $300,000 and a state appropriation of $250,000. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize Community Development Block Grant for the Quincy Square on 4th Street and authorize the Mayor to finalize and execute the grant agreement with substantially the same terms and conditions as presented; and further authorize a budget adjustment to $300,000 in expenditures and $300,000 in grant revenue in the Transportation Capital Projects Fund. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 AGENCY SERVICE AGREEMENT Between the City of Bremerton and City of Bremerton Department of Public Works Contract # 631825 COMMUNITY DEVELOPMENT BLOCK GRANT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B -18 -MC -53-0011 AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "City" and, City of Bremerton Department of Public Works, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under City of Bremerton's Community Development Block Grant Program and establishing certain other terms and conditions of operation. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES The City, as recipient of a Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, in a satisfactory and proper manner, as determined by the City, and the Agency hereby agrees to undertake, the tasks necessary to conduct the program/project outlined in Exhibit "A". SECTION 2. PROJECT SUMMARY Project Details Project Name: Funded Amount: Action Plan Year: Type of Project Service Area: Project Location Eligibility National Objective: Basic Eligible Activity Citation: Matrix Code: Quincy Square -Engineering and Design $300,000 2018 Engineering/Design Public Infrastructure NRSA/Census Tract 805 200 Block of 4th Street J 570.208(d)(5)(i): Low/Mod Area NRSA 570.201(c): Public Facilities and Improvements 03K Performance Measures Object of Activity: Outcome: SECTION 3. TERM OF AGREEMENT Creating Suitable Living Environments Sustainability The term of this Agreement is January 1, 2018 through December 31, 2019, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9 (Amendments to Agreement). Should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. In any event, the term of this Pagel 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] Agreement shall cover the period that the Agency has control over Community Development Block Grant funds, including program income. SECTION 4. PROGRAM REPORTING The Agency shall submit the Performance Report and the Demographic Report quarterly, as applicable, due 10 days after the end of each quarter, as required by the City to meet its local obligations and its obligation to the U.S. Department of Housing and Urban Development. The required report format is provided in EXHIBIT "B" of this Agreement. (A) Quarterly reports which shall include the progress made to date, or justification for lack of progress, in providing the services specified in Article I, Section 1 Scope of Services, of this Agreement according to the schedule for completion in Article 1 Section 3 Schedule for Completion of this Agreement. (B) Quarterly reports on demographic, neighborhood residence, and income information regarding persons assisted by the Agency through this Agreement. (C) Semi -Annual budget reconciliation which will compare your approved budget with actuals for year-to-date. (D) Close out reports including a final performance report, inventory of all property acquired or improved with CDBG funds, and final financial report, upon termination or completion of the award. ARTICLE II. FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The City shall reimburse the Agency using HUD funding for allowable costs, as determined by the City, in an amount not to exceed Three Hundred Thousand Dollars and no cents for the services described in EXHIBIT «A». The City shall reimburse the Agency for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the City pursuant to the submittal of monthly progress and demographic reports. Payments shall be made upon receipt of a proper invoice in the format provided in EXHIBIT "C" of this Agreement. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in EXHIBIT "D" and approved by the City unless any or all such costs are disallowed by the State of Washington or the United States. Any reimbursements made under this Agreement must comply with the applicable requirements of 2CFR Part 200, Subpart D. The Agency may not request disbursement of funds under this Agreement until the funds are needed for eligible costs. The amount of each request must be limited to the amount needed. Proiect Budaet See EXHIBIT "D", Project Budget Time of Payment: Payment shall be made upon receipt of reimbursement request voucher mailed to: CDBG Office, City of Bremerton Department of Community Development, 345 6th Street Suite 100, Bremerton, WA 98337-1869. Where Payments Are Made: Payments shall be made to: 100 Oyster Bay Ave, Bremerton WA 98312; Via Interfund Transfer The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget Summary outlined in Exhibit D. Any request for a line -item expense change shall be submitted in writing and shall Page 2 1 2018 Subrecipient Agreement— [City of Bremerton Public Works] specifically state the reasons for the requested increase and a justification for the corresponding decrease in other line-item(s). All budget revision and/or amendment requests will be reviewed and approved or denied by the City. SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work. The Agency shall also: (A) Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes. (B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records. The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll record. (C) Maintain payroll and financial records for a period of six (6) years after receipt of final payment under this Agreement provided that this program has been monitored by HUD and the annual State audit (which included the CDBG Program), has been completed. (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Agency, that the Agency anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other agencies. (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States. (G) Maintain complete records concerning the receipt and use of all program income. Program income shall be reported on a monthly basis on forms provided by the City. SECTION 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and Other Financial Reporting. The Amount of each request must be limited to the amount needed for payment of eligible costs. Notwithstanding any other provisions in this section, reimbursement for construction contracts shall have ten percent (10%) of the payment retained until close out of funds pursuant to Article IV, Section 12 of this Agreement. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance. (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City. Page 3 1 2018 Subrecipient Agreement — [City of Bremerton Public Works] (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. SECTION 4. PROGRAM INCOME ® This project shall not generate any program income ❑ This project may generate program income. Use of any program income received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570.504(c), consistent with the provisions described as follows. If authorized above, program income generated from the use of CDBG funds that is allowed to be retained by the Agency will be considered additional CDBG funds, subject to all conditions applicable to the use of funds described in this Agreement. All program income shall be substantially disbursed for eligible activities before additional requests for reimbursement are made to the City. Program income not used in this manner shall be returned to the City. Complete records shall be maintained on the receipt and use of all program income. Any program income on hand when this Agreement is terminated, or received after such termination, shall be reimbursed to the City. ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE This project will provide an Area -wide benefit to low/moderate income persons. The benefit activity will benefit residents in the area, where at least 51 percent of the residents are LMI persons. The City has an approved Neighborhood Revitalization Strategy Area which certifies that the LMI area benefit meets the criteria laid out by the US Department of Housing and Urban Development. SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (A) Agencies which are governmental entities (including public agencies), shall comply with the requirements and standards of 2 CFR part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements. (B) All agencies are to procure audit services based on 2 CFR Part 200, Subpart F; and (1) The Agency shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that all contractors (performing all or part of the services under this Agreement under a separate contract with the Agency) also maintain auditable records. (2) The Agency is responsible for any audit exceptions incurred by its own organization or that of its Contractors. (3) The City of Bremerton reserves the right to recover from the Agency all disallowed costs resulting from the audit. (4) Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Agency must respond to the City of Bremerton requests for information or corrective action concerning audit issues within (30) days of the date of request. (C) Agency will use the Competitive procurement method. The agency will publish a Request for Qualifications (RFQ) where information will be required on the offerer's expertise/experience and not on cost, subject to a negation of reasonable compensation. When Competitive Proposals are utilized, the following requirements apply: Page 4 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] (1) Publication Period: Proposals must be solicited from an adequate number of qualified sources and an advertisement must be published. RFQ will be published in a sufficient timeframe before they are due. (2) Clear Definition: The RFQ must identify the general scope of work and all significant factors of evaluation, including price where appropriate, and their relative importance. (3) Technical Evaluation: A written method for technical evaluation of the proposals received, determinations of responsible offerer and the selection for contract award should be established. (4) Award must be made to the responsible offerer whose proposal will be the most advantageous to the procuring party, price and other factors considered. Unsuccessful offerers should be notified promptly. The contract can either be a fixed price or cost reimbursement type. SECTION 3. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. The Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. The Agency shall ensure compliance with 24 CFR 570.601. Specifically, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance: (A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (B) The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (C) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (D) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (E) The Contractor will include the provisions of this Section (Article III (4)) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 5 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] SECTION 4. LOCAL EMPLOYMENT AND PURCHASING Funding under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u. the Agency agrees to comply with provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued there under. The Agency agrees that they are under no contractual or other disability which would prevent them from complying with these requirements. Section 3 requires that to -the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in, the area of the project. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance and community development assistance that is used for the following projects: 1. Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding routine maintenance repair and replacement); 2. Housing construction; and 3. other public construction. SECTION 5. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof. The Agency shall take appropriate steps to assure compliance including incorporation of the following provision in every Subcontract: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from the CDBG assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder. The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency and the City. SECTION 6. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non- profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all instances must receive prior written approval from the City. SECTION 7. DAVIS BACON AND RELATED ACTS The Agency shall comply with the requirements of the Davis -Bacon and Related Acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. SECTION 8. DISCRIMINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: (1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; Page 6 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement; (4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this agreement; (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement; (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement. (B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent. (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding up on each contractor or subcontractor. The Agency shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance. SECTION 9. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 101- 19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act ("ADA") (42 USC 12131; 47 USC 155, 210, 218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense. SECTION 10. FLOOD DISASTER PROTECTION The Agency agrees to comply with section 202(a) of the Flood Disaster Protection Act of 1973 (43 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79. SECTION 11. OTHER PROGRAM REQUIREMENTS The Agency shall carry out each activity in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that: (A) The Agency does not assume the City's environmental responsibilities described in Section 570.604; and (B) The Agency does not assume the City's responsibility for initiating the review process under Executive Order 12372. Page 7 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] (C) For Agreements in excess of $150,000, the Agency agrees to comply with the Clean Air Act, 42 U.S.C. 7401-7671q, and the Federal Water Pollution Control Act, 22 U.S.C. 1251-1387. (D) The Agency agrees to comply with the Byrd Anti -Lobbying Amendment, 31 U.S.C. 1353, where applicable. (E) If the Agreement involves the acquisition or improvement of real property or equipment, the Agency agrees to comply with the provisions of 2CFR 200.310 — 200.316. ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Federal Community Development Block Grant Regulations, Washington Law Against Discrimination, and other policies and guidelines established for the City of Bremerton CDBG Program by the Bremerton City Council. Agency agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act. Agency agrees to comply with the National Environmental Policy Act (NEPA) through the entire course of the project. The Agency agrees to certify that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department of agency in accordance with Executive Orders 12549 and 12689, 24 C.F.R. Pt. 24. Additionally the Agency will certify to anti -lobbying as required by 31 U.S.C. 1352. In addition, where applicable the following requirements must be met: (1) Compliance with the Copeland "Anti -Kickback" Act for any contract or subcontract in excess of $2000 for construction or repair (18 U.S.C. 874 and 40 U.S.C. 276c as supplemented by 29 C.F.R. part 5); (3) Contracts or agreements for the performance of experimental, developmental, or research work include the rights of the Federal Government and recipient in any resulting invention in accordance with 37 C.F.R. part 401; (4) for contracts in excess of $100,000, the agency must comply with all applicable standards, orders or regulations issues pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.); (5) all agencies must comply with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701); and (6) for construction projects, all agencies must comply with, including subcontractors, the Federal Labor Standards Provisions, as issued by the U.S. Department of Housing and Urban Development. SECTION 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. SECTION 3. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses: City: CDBG Office City of Bremerton Community Development 345 6th Street, Suite 100 Bremerton, WA 98337-1869 Agency: Chal Martin City of Bremerton Public Works Department 100 Oyster Bay Bremerton, WA 98312 City recognition: The Agency shall insure recognition of the role of the City in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the Agency will include a reference to the support provided herein in all publications made possible with funds made available under this agreement. Page 8 1 2018 Subrecipient Agreement — [City of Bremerton Public Works] SECTION 4. CITIZEN PARTICIPATION The Agency will implement the provisions of this Agreement in such a manner as not impede the attainment of widespread citizen participation in planning and carrying out the project. Citizen Participation must occur in the planning and design process of this project. Agency will be responsible for ensuring that appropriate citizen outreach and participation takes place throughout the project timeframe. Agency will submit documentation regarding citizen participation in the Quarterly Report following each event where citizens are invited to take place. Additional emphasis will be made to ensure that low and moderate income persons, particularly those living in blighted areas, residents of predominately low -and moderate -income neighborhoods, minorities and persons with disabilities, and non-english speaking members of the community are invited to participate. Agency will be responsible to reach out to organizations who work with these members of the community to ensure proper participation. SECTION 5. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. a. Monitoring: The Agency will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance b. Content: The Agency shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. c. Selection process: the Agency shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. SECTION 6. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. SECTION 7. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. SECTION 8. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Agreement or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed, or recapture funds already disbursed to Agency. The option to withhold or recapture funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV Section 11 of the General Conditions of this Agreement. The City may consider performance under this Agreement when considering future awards. Page 9 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] SECTION 9. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 570.910 including but not limited to, the termination of this Agreement in the manner specified herein. (A) Termination for Cause — If the Agency fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non -beneficial to the public interest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same; (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement. The City may terminate this Agreement in whole or in part, and there upon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows: (1) By the City with the consent of the Agency. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made. (C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement, and prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this Agreement. If the level of funding so reduced or limited is so great that the Department of Community Development deems that the continuation of the program covered by the Agreement is no longer in the best interest of the public, the City may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination under this Section shall be effective upon receipt of written notice by the Agency or its representative. SECTION 10. CLOSE-OUT Upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments; (B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by City of Bremerton or its designee, Page 10 1 2018 Subrecipient Agreement— [City of Bremerton Public Works] (C) Closeout of funds will not occur unless all requirements of 24 CFR 92.507 and all outstanding issues with the general contractor and or subcontractor have been resolved to the satisfaction of the City. SECTION 11. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Superior Court of the State of Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. SECTION 12. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. SECTION 13. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. AGENCY: CITY OF BREMERTON, WASHINGTON Sarah Achaoui, CDBG/HOME Administrator Chal Martin, City of Bremerton, Public Works Greg Wheeler, Mayor Department Date: G1d! $ Date: APPROVED AS TO FORM: BREMERTON CITY ATTORNEY Page 11 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] f BY 1 Page 11 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] INDEX TO CDBG AGREEMENT Article I. Project 1. Scope of Services 2. Project Description 3. Term of Agreement 4. Program Reporting 5. Reversion of Assets Article II. Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reimbursement 4. Program Income Article III. Federal Conditions 1. Benefit to Low Income People 2. Uniform Administrative Requirements 3. Separation of Church and State 4. Non -Discrimination in Employment and Purchasing 5. Local Employment and Purchasing 6. Conflict of Interest 7. Displacement, Relocation, Acquisition and Replacement of Housing 8. Davis Bacon and Related Act 9. Lead Based Paint 10. Discrimination Prohibited 11. Architectural Barriers Act/Americans with Disabilities Act 12. Other Program Requirements Article IV. General Conditions 1. Compliance with Laws 2. Licensing and Program Standards 3. Notices 4. Citizen Participation 5. Assignment and Subcontracting 6. Reservation of Rights 7. Amendments to Agreement 8. Failure to Perform 9. Termination 10. Close -Out 11. Venue and Choice of Law 12. Severability Clause 13. Integrated Document EXHIBITS A. Scope of Services B. Reporting C. Voucher Request for Reimbursement D. Project Budget Page 12 1 2018 Subrecipient Agreement- [City of Bremerton Public Works] c �; zz V Y C Z Q� rz zG v Z � O rJ U G6 z L) z D 0 < 11 cl r -a', z 0 _~ w w Zm O w w w� U) Q T- D D do L� Q ANSI Zw v LU d� z 0 LLI LLI LLI v) LLI z =VCOG z 0 LLI v) LLI z U 7-T "44 No VM )U. & MISMINI, R WME ISMISMIM, MEMEMER Milli• v rc w W 4z O _C", { Y 0 u r `z N N r V WHO - o LL a W a J z Lu o I br ao N E LL l a V zinN3AV OIdIOVd z O I ww G W z 0° o�2 + W W W Mrs Q �o z co zw c LLI r� o u..l GS.. L.LJ `n LLJ zH z� w > w z D w w> Qw zJ (3 — U cn w LU r 0 U-) z (3 J J J Q> W � z L1 Q LLI LLJ C7 JL S _ O � = Z j J = J J 0 Q J LU _> W W J ry cn m [-- W Q Ln LL � N M J J J LLj W W yj W W J J J n Z O z O m w 7 w m w w 0 Q O m LU LU "` ��° R... w � ,.� �:;�' I F. � �'" %t iznu �� �N ,K1S .Q� JF �((fG/i��f, 4' 1�W � i nr � - � « �/��U �� � MS4�'/ql ��/��J/ � � ,, , ,,�. � ��� �1�i4,���l�nlSil�l7j� .. ,.,�%r <}�CCs 4 �Jiil � ��(���f�ia A ;. ��� �, _ � �,� �� ,. Irl}�� �,; $ .r.wi.� -.--� �!��.•� � p �, b r; NG,� SUBJECT: WA State Department of Commerce Funding Agreement for the Quincy Square on 4th Street Project AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: June 13, 2018 COUNCIL MEETING Date: June 20. 2018 Department: Presenter: Phone: PW & Utilities Chal Martin (360) 473-5758 SUMMARY: Grant agreement for the use of state funds appropriated for the Quincy Square on 4th Street project. The funds will be managed and distributed by the State Department of Commerce. Quincy Square on 4th Street is a capital project that will revitalize a one block segment of 4th Street from Washington Avenue to Pacific Avenue with new sidewalks, roadway, lighting, and architectural elements that will create a modern walkable streetscape. Quincy Square on 4th is envisioned as a regionally significant destination for events such as street fairs and musical acts. The state appropriation will fund a portion of the Architectural and Engineering Plans for the future construction of the improvements. A CDBG capital grant will fund the rest of the design phase of the project. ATTACHMENTS: 1) Agreement 2) Street Conceptual Plans & Vicinity Exhibits FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a CDBG capital grant of $300,000 and a state appropriation of $250,000. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the state appropriation for the Quincy Square on 4th Street and authorize the Mayor to finalize and execute the funding agreement with Commerce with substantially the same terms and conditions as presented; and further authorize a budget adjustment to $250,000 in expenditures and $250,000 in state revenue in the Transportation Capital Projects Fund. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 S� FJDepartment O� of • . V 9sI,M Grant to For «Gran tee» through The «Program_Name» Program «Project_Title» - «Project_Summary_Brief» Start date: DATE APPLICABLE BUDGET WAS SIGNED Washington State Department of Commerce www.commerce.wa.gov TABLE OF CONTENTS FaceSheet...................................................................................................................... 1 Special Terms and Conditions.............................................................................................2 1. Grant Management.................................................................................. 2 2. Compensation.......................................................................................... 2 3. Certification of Funds Performance Measures..........................................2 4. Prevailing Wage Law............................................................................... 3 5. Documentation and Security..................................................................... 3 6. Basis for Establishing Real Property Values for Acquisitions of Real Property..... 4 7. Expenditures Eligible for Reimbursement.................................................4 8. Billing Procedures and Payment............................................................... 4 9. Subcontractor Data Collection...................................................... 5 10. Insurance................................................................................................. 5 11. Order of Precedence................................................................................ 6 12. Reduction in Funds.................................................................................. 6 13. Ownership of Project/Capital Facilities...................................................... 7 14. Change of Ownership or Use for GRANTEE -Owned Property .................. 7 15. Change of Use for Leased Property Performance Measure ...................... 7 16. Modification to the Project Budget.............................................................. 7 17. Signage, Markers and Publications.......................................................... 8 18. Historical and Cultural Artifacts................................................................. 8 19. Reappropriation........................................................................................8 20. Recapture................................................................................................ 8 21. Termination for Fraud or Misrepresentation.............................................. 9 General Terms and Conditions............................................................................................1 1. Definitions................................................................................................ 1 2. Access to Data......................................................................................... 1 3. Advance Payments Prohibited.................................................................. 1 4. All Writings Contained Herein................................................................... 1 5. Amendments............................................................................................1 6. Americans with Disabilities Act (ADA) ....................................................... 2 7. Assignment..............................................................................................2 8. Attorney's Fees........................................................................................ 2 9. Audit........................................................................................................ 2 10. Confidentiality/Safeguarding of Information .............................................. 3 11. Conflict of Interest.................................................................................... 4 12. Copyright Provision..................................................................................... 4 13. Disputes...................................................................................................4 14. Duplicate Payment................................................................................... 5 15. Governing Law and Venue....................................................................... 5 16. Indemnification......................................................................................... 5 17. Independent Capacity of the Grantee....................................................... 5 18. Industrial Insurance Coverage.................................................................. 5 19. Laws............................................................................................................ 6 20. Licensing, Accreditation and Registration ................................................. 6 21. Limitation of Authority............................................................................... 6 22. Noncompliance with Nondiscrimination Laws ............................................. 6 23. Pay Equity..................................................................................6 24. Political Activities...................................................................................... 7 25. Publicity................................................................................................... 7 26. Recapture................................................................................................ 7 27. Records Maintenance.............................................................................. 7 28. Registration with Department ofRevenue ................................................. 7 29. Right ofInspection ............................................................ .......... 80. Savings .................................................................................................... 7 81. Severability .............................................................................................. 8 32. Site Security ............................................................................................. 8 88. Subgranting/Subcontracting ..................................................................... 8 34. Survival .................................................................................................... 8 85. Taxes ....................................................................................................... 8 30. Termination for Cause .............................................................................. 8 87. Termination for Convenience ................................................................... 9 88. Termination Procedures ........................................................................... 9 59. Treatment ofAssets ............................................................................... 1O Attachment A. Scope of Work; Attachment B. Budged; Attachment C. Availability of Funds; FACE SHEET Grant Number: «Official Contract Number» Washington State Department of Commerce Local Government Division Community Capital Facilities Unit L GRANTEE 2. GRANTEE Doing Business As (optional) Grantee» «Address» «City», Washington «Postal Code» 3. Grantee Representative 4. COMMERCE Representative «First» «Last» <Tull_Name>> «CDBG_ContractsTitle» Project Manager P.O. Box 42525 <<CDBG_ContractsPhone Number» <<LU_Project _ManagerPhone_Number» 1011 Plum Street SE <Fax» Fax 360-586-5880 Olympia, WA 98504 - «Email» <<Mgr_EMail» 2525 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date «Original_Amt» Federal: ❑ State: ® Other: ❑ N/A: ❑ DATE BUDGET <<End_Date» SIGNED 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID# 11.SWV# 12.UBI# 13. DUNS# «TIN Number» «Vendor Numbem N/A 14. Grant Purpose The outcome of this performance-based contract is to « Proj ect_Summary_Brief» as referenced in Attachment A — Scope of Work. COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work, Attachment `B" — Budget, Attachment "C" — Certification of Availability of Funds to Complete the Project, Attachment "D" — Certification of the Payment and Reporting of Prevailing Wages, Attachment "E" — Certification of Intent to Enter LEED process. FOR GRANTEE FOR COMMERCE Mark K. Barkley, Assistant Director Date Sig_Auth_Whole Name», « Sig_Authority_Title>> Date APPROVED AS TO FORM Date SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS THIS CONTRACT, entered into by and between «Grantee» (a <<Organization_Type))) hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce (hereinafter referred to as COMMERCE), WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in «Laws_of», «Section Number», made an appropriation to support the «Program_Name» Program, and directed COMMERCE to administer those funds; and WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: Uwe] all 0 11 in rll 0 rem:1 in 1:10 10 The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. C91, M144 1h, &-yiyKenk, COMMERCE shall pay an amount not to exceed «Original_Amt» for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. L 11 1,11 ► 11 A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it has expended or has access to funds from non -state sources as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non -state sources may consist of a combination of any of the following: Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. V) Pledges from individual donors. SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non -state matching fund credit. vii) In-kind contributions, subject to COMMERCE'S approval. B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non -state sources, and shall make such records available for COMMERCE'S review upon reasonable request. The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. M 11916111 in 1:1 k" k IFIV Im k" I11k"II1FIX0111:7k�', The provisions of this section shall apply to capital projects performed by nonprofit organizations that involve the expenditure of over $500,000 in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Section 2, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. 3 SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS alff •: ► e •:•• -mwma •: a •► • e •:•• •:ue► u eS7 : When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: a. GRANTEE purchases of real property from an independent third -party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. b. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. =*1»k"II]ktI]a*1=14lei 1-34 =1 ;101 a a =1Iin1-1n*14inI=1k"kI The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. COMMERCE shall reimburse the GRANTEE for «Match_Language» of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed — by budget line item — for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this contract, or within fifteen (15) days following the end of the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 18, hereof. M SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 10. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary. C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self -Insurance Program. Self-Insured/Liability Pool or Self -Insured Risk Management Program —With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. S U In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • Attachment C — Certification of the Availability of Funds to Complete the Project • Attachment D — Certification of the Payment and Reporting of Prevailing Wages C. SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS • Attachment E — Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract; provided„ however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this contract. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this contract. awe] :/e1VEel *•7m•IPnk"I:1*1:11aelalm=17•]:ZIall k"kI=1 =K•llynk"I:Ioil :Jnou:Izi�', A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture provision). A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision). 7 SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS ►i•� a •� • •;• � A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the line item by more than fifteen percent (15%). B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. jr�-1Crlk"/_Cr]mull a:1:1;&I_1k"11]w]-34[•1_r1C•]k"6� If, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. In the event that historical or cultural artifacts are discovered at the Project site during construction, the GRANTEE shall immediately stop work and notify the local historical preservation officer and the state historic preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP) at (360) 586-3065, and the Commerce Representative identified on the Face Sheet. If human remains are discovered, the GRANTEE shall immediately stop work and report the presence and location of the remains to the coroner and local enforcement, then contact DAHP and any concerned tribe's cultural staff or committee. • • ; • • ; -kl A. The parties hereto understand and agree that any state funds not expended by June 30, 2019 will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 20. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture all funds disbursed under the Grant, in addition to any other remedies available at law or in equity. This M SPECIAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS provision supersedes the Recapture provision in Section 25 of the General Terms and Conditions. In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. M GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms "subgrantee/subcontractor" refers to any tier. G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. H. "Vendor' is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS _III 11i] IIIIIIIII I I [lit 9,10 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. "'all I] k 11 "1, COMMERCE reserves the right to require an audit. If required, GRANTEES are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE's records must be available for review by COMMERCE. MIT- 11-1 •1 The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to auditreview(d-)commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include: GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. • Copy of the Management Letter. If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 1 • ► r 5 ► • ► • 11 T • A. "Confidential Information" as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. •0 • Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by, job title 3 GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 13. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the GRANTEE's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. M GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 14. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. jMIk"II]=1inIk"Ilacall%IIs] k"I To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. 10 1111111 Z4 VA 0 10 all • :_ The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the GRANTEE. 5 GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS 19. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23. PAY EQUITY The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. H GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS 24. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. [+ owl-.14[a]kVA The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 26. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. : l, ► 1 ■ : 11 If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. t+B Z4 ■ I m a 10 e The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 7 GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS 31. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 32. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this contract without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 34. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 35. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. in I 10 FTV I Lei ► 1 weR In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" M GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and M GENERAL TERMS AND CONDITIONS GENERALGRANT STATE FUNDS 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 40. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 10 Scope of Work «Scope_of Work» Attachment A All project work completed with prior legislative approval. The "Copyright Provisions", Section 12 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Attachment B Budget CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE Line Item Amount <(Line_Item_1_Name)) «Line_Item_1_Am ount» «Line_Item_2_Name» «Line_Item_2_Am ount» «Line_Item_3_Name» «Line_Item_3_Am ount» «Line_Item_4_Name» «Line_Item_4_Am ount» «Line_Item_5_Name» «Line_Item_5_Am ount» «Line_Item_6_Name» «Line_Item_6_Am ount» Total Contracted Amount: ((Total Budget» CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE Attachment C Certification of the Availability of Funds to Complete the Project CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. GRANTEE TITLE DATE Non -State Funds Amount Total «NonState_Funds_1» «NonState_Fund s 1 Amount)) «NonState_Funds_2» «NonState_Fund s_2_Amount)) «NonState_Funds_3» «NonState Fund s_3_Amount)) «NonState_Funds_4» «NonState Fund s_4_Amount)) «NonState_Funds_5» «NonState Fund s_5_Amount)) «NonState_Funds_6» «NonState Fund s_6_Amount)) Total Non -State Funds «Total NonState «Total NonState _Amount)) _Amount)) State Funds State Capital Budget «Total Contracte «Total_Contract d_Amount)) ed Amount)) «Total_Budget» Total Non -State and State Sources CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. GRANTEE TITLE DATE Attachment D Certification of the Payment and Reporting of Prevailing Wages CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of May 15, 2009 (for 09-11 regular session), May 4, 2010 (for 2010 Supplemental) or June 15, 2011 (for 11-13 regular session), July 1, 2013 (for 13-15 biennium), July 1, 2015 (for 15-17 biennium), April 18, 2016 (for 2016 Supplemental) or January 19, 2018 (for 17-19 biennium) , including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Attachment E Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE AGENCY SERVICE AGREEMENT Between the City of Bremerton and City of Bremerton Department of Public Works Contract # 631825 COMMUNITY DEVELOPMENT BLOCK GRANT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B -18 -MC -53-0011 AN AGREEMENT, by and between City of Bremerton hereinafter referred to as "City" and, City of Bremerton Department of Public Works, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under City of Bremerton's Community Development Block Grant Program and establishing certain other terms and conditions of operation. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES The City, as recipient of a Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, in a satisfactory and proper manner, as determined by the City, and the Agency hereby agrees to undertake, the tasks necessary to conduct the program/project outlined in Exhibit "A". SECTION 2. PROJECT SUMMARY Project Details Project Name: Funded Amount: Action Plan Year: Type of Project Service Area: Project Location Eligibility National Objective: Basic Eligible Activity Citation: Matrix Code: Quincy Square -Engineering and Design $300,000 2018 Engineering/Design Public Infrastructure NRSA/Census Tract 805 200 Block of 4th Street J 570.208(d)(5)(i): Low/Mod Area NRSA 570.201(c): Public Facilities and Improvements 03K Performance Measures Object of Activity: Outcome: SECTION 3. TERM OF AGREEMENT Creating Suitable Living Environments Sustainability The term of this Agreement is January 1, 2018 through December 31, 2019, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV, Section 9 (Amendments to Agreement). Should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. In any event, the term of this Pagel 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] Agreement shall cover the period that the Agency has control over Community Development Block Grant funds, including program income. SECTION 4. PROGRAM REPORTING The Agency shall submit the Performance Report and the Demographic Report quarterly, as applicable, due 10 days after the end of each quarter, as required by the City to meet its local obligations and its obligation to the U.S. Department of Housing and Urban Development. The required report format is provided in EXHIBIT "B" of this Agreement. (A) Quarterly reports which shall include the progress made to date, or justification for lack of progress, in providing the services specified in Article I, Section 1 Scope of Services, of this Agreement according to the schedule for completion in Article 1 Section 3 Schedule for Completion of this Agreement. (B) Quarterly reports on demographic, neighborhood residence, and income information regarding persons assisted by the Agency through this Agreement. (C) Semi -Annual budget reconciliation which will compare your approved budget with actuals for year-to-date. (D) Close out reports including a final performance report, inventory of all property acquired or improved with CDBG funds, and final financial report, upon termination or completion of the award. ARTICLE II. FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The City shall reimburse the Agency using HUD funding for allowable costs, as determined by the City, in an amount not to exceed Three Hundred Thousand Dollars and no cents for the services described in EXHIBIT «A». The City shall reimburse the Agency for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the City pursuant to the submittal of monthly progress and demographic reports. Payments shall be made upon receipt of a proper invoice in the format provided in EXHIBIT "C" of this Agreement. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in EXHIBIT "D" and approved by the City unless any or all such costs are disallowed by the State of Washington or the United States. Any reimbursements made under this Agreement must comply with the applicable requirements of 2CFR Part 200, Subpart D. The Agency may not request disbursement of funds under this Agreement until the funds are needed for eligible costs. The amount of each request must be limited to the amount needed. Proiect Budaet See EXHIBIT "D", Project Budget Time of Payment: Payment shall be made upon receipt of reimbursement request voucher mailed to: CDBG Office, City of Bremerton Department of Community Development, 345 6th Street Suite 100, Bremerton, WA 98337-1869. Where Payments Are Made: Payments shall be made to: 100 Oyster Bay Ave, Bremerton WA 98312; Via Interfund Transfer The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget Summary outlined in Exhibit D. Any request for a line -item expense change shall be submitted in writing and shall Page 2 1 2018 Subrecipient Agreement— [City of Bremerton Public Works] specifically state the reasons for the requested increase and a justification for the corresponding decrease in other line-item(s). All budget revision and/or amendment requests will be reviewed and approved or denied by the City. SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work. The Agency shall also: (A) Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes. (B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records. The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll record. (C) Maintain payroll and financial records for a period of six (6) years after receipt of final payment under this Agreement provided that this program has been monitored by HUD and the annual State audit (which included the CDBG Program), has been completed. (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Agency, that the Agency anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other agencies. (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States. (G) Maintain complete records concerning the receipt and use of all program income. Program income shall be reported on a monthly basis on forms provided by the City. SECTION 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's application, approved by the City shall be paid consistent with Article II Section 2 Documentation of Costs and Other Financial Reporting. The Amount of each request must be limited to the amount needed for payment of eligible costs. Notwithstanding any other provisions in this section, reimbursement for construction contracts shall have ten percent (10%) of the payment retained until close out of funds pursuant to Article IV, Section 12 of this Agreement. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance. (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City. Page 3 1 2018 Subrecipient Agreement — [City of Bremerton Public Works] (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. SECTION 4. PROGRAM INCOME ® This project shall not generate any program income ❑ This project may generate program income. Use of any program income received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570.504(c), consistent with the provisions described as follows. If authorized above, program income generated from the use of CDBG funds that is allowed to be retained by the Agency will be considered additional CDBG funds, subject to all conditions applicable to the use of funds described in this Agreement. All program income shall be substantially disbursed for eligible activities before additional requests for reimbursement are made to the City. Program income not used in this manner shall be returned to the City. Complete records shall be maintained on the receipt and use of all program income. Any program income on hand when this Agreement is terminated, or received after such termination, shall be reimbursed to the City. ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE This project will provide an Area -wide benefit to low/moderate income persons. The benefit activity will benefit residents in the area, where at least 51 percent of the residents are LMI persons. The City has an approved Neighborhood Revitalization Strategy Area which certifies that the LMI area benefit meets the criteria laid out by the US Department of Housing and Urban Development. SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (A) Agencies which are governmental entities (including public agencies), shall comply with the requirements and standards of 2 CFR part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements. (B) All agencies are to procure audit services based on 2 CFR Part 200, Subpart F; and (1) The Agency shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that all contractors (performing all or part of the services under this Agreement under a separate contract with the Agency) also maintain auditable records. (2) The Agency is responsible for any audit exceptions incurred by its own organization or that of its Contractors. (3) The City of Bremerton reserves the right to recover from the Agency all disallowed costs resulting from the audit. (4) Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Agency must respond to the City of Bremerton requests for information or corrective action concerning audit issues within (30) days of the date of request. (C) Agency will use the Competitive procurement method. The agency will publish a Request for Qualifications (RFQ) where information will be required on the offerer's expertise/experience and not on cost, subject to a negation of reasonable compensation. When Competitive Proposals are utilized, the following requirements apply: Page 4 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] (1) Publication Period: Proposals must be solicited from an adequate number of qualified sources and an advertisement must be published. RFQ will be published in a sufficient timeframe before they are due. (2) Clear Definition: The RFQ must identify the general scope of work and all significant factors of evaluation, including price where appropriate, and their relative importance. (3) Technical Evaluation: A written method for technical evaluation of the proposals received, determinations of responsible offerer and the selection for contract award should be established. (4) Award must be made to the responsible offerer whose proposal will be the most advantageous to the procuring party, price and other factors considered. Unsuccessful offerers should be notified promptly. The contract can either be a fixed price or cost reimbursement type. SECTION 3. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. The Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. The Agency shall ensure compliance with 24 CFR 570.601. Specifically, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance: (A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (B) The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (C) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (D) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (E) The Contractor will include the provisions of this Section (Article III (4)) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 5 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] SECTION 4. LOCAL EMPLOYMENT AND PURCHASING Funding under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u. the Agency agrees to comply with provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued there under. The Agency agrees that they are under no contractual or other disability which would prevent them from complying with these requirements. Section 3 requires that to -the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in, the area of the project. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance and community development assistance that is used for the following projects: 1. Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding routine maintenance repair and replacement); 2. Housing construction; and 3. other public construction. SECTION 5. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof. The Agency shall take appropriate steps to assure compliance including incorporation of the following provision in every Subcontract: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from the CDBG assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder. The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency and the City. SECTION 6. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non- profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all instances must receive prior written approval from the City. SECTION 7. DAVIS BACON AND RELATED ACTS The Agency shall comply with the requirements of the Davis -Bacon and Related Acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. SECTION 8. DISCRIMINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: (1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; Page 6 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement; (4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this agreement; (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement; (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement. (B) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent. (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding up on each contractor or subcontractor. The Agency shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance. SECTION 9. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 101- 19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act ("ADA") (42 USC 12131; 47 USC 155, 210, 218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense. SECTION 10. FLOOD DISASTER PROTECTION The Agency agrees to comply with section 202(a) of the Flood Disaster Protection Act of 1973 (43 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79. SECTION 11. OTHER PROGRAM REQUIREMENTS The Agency shall carry out each activity in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that: (A) The Agency does not assume the City's environmental responsibilities described in Section 570.604; and (B) The Agency does not assume the City's responsibility for initiating the review process under Executive Order 12372. Page 7 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] (C) For Agreements in excess of $150,000, the Agency agrees to comply with the Clean Air Act, 42 U.S.C. 7401-7671q, and the Federal Water Pollution Control Act, 22 U.S.C. 1251-1387. (D) The Agency agrees to comply with the Byrd Anti -Lobbying Amendment, 31 U.S.C. 1353, where applicable. (E) If the Agreement involves the acquisition or improvement of real property or equipment, the Agency agrees to comply with the provisions of 2CFR 200.310 — 200.316. ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Federal Community Development Block Grant Regulations, Washington Law Against Discrimination, and other policies and guidelines established for the City of Bremerton CDBG Program by the Bremerton City Council. Agency agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act. Agency agrees to comply with the National Environmental Policy Act (NEPA) through the entire course of the project. The Agency agrees to certify that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department of agency in accordance with Executive Orders 12549 and 12689, 24 C.F.R. Pt. 24. Additionally the Agency will certify to anti -lobbying as required by 31 U.S.C. 1352. In addition, where applicable the following requirements must be met: (1) Compliance with the Copeland "Anti -Kickback" Act for any contract or subcontract in excess of $2000 for construction or repair (18 U.S.C. 874 and 40 U.S.C. 276c as supplemented by 29 C.F.R. part 5); (3) Contracts or agreements for the performance of experimental, developmental, or research work include the rights of the Federal Government and recipient in any resulting invention in accordance with 37 C.F.R. part 401; (4) for contracts in excess of $100,000, the agency must comply with all applicable standards, orders or regulations issues pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.); (5) all agencies must comply with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701); and (6) for construction projects, all agencies must comply with, including subcontractors, the Federal Labor Standards Provisions, as issued by the U.S. Department of Housing and Urban Development. SECTION 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, City or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. SECTION 3. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses: City: CDBG Office City of Bremerton Community Development 345 6th Street, Suite 100 Bremerton, WA 98337-1869 Agency: Chal Martin City of Bremerton Public Works Department 100 Oyster Bay Bremerton, WA 98312 City recognition: The Agency shall insure recognition of the role of the City in providing services through this agreement. All activities, facilities and items utilized pursuant to this agreement shall be prominently labeled as to funding source. In addition, the Agency will include a reference to the support provided herein in all publications made possible with funds made available under this agreement. Page 8 1 2018 Subrecipient Agreement — [City of Bremerton Public Works] SECTION 4. CITIZEN PARTICIPATION The Agency will implement the provisions of this Agreement in such a manner as not impede the attainment of widespread citizen participation in planning and carrying out the project. Citizen Participation must occur in the planning and design process of this project. Agency will be responsible for ensuring that appropriate citizen outreach and participation takes place throughout the project timeframe. Agency will submit documentation regarding citizen participation in the Quarterly Report following each event where citizens are invited to take place. Additional emphasis will be made to ensure that low and moderate income persons, particularly those living in blighted areas, residents of predominately low -and moderate -income neighborhoods, minorities and persons with disabilities, and non-english speaking members of the community are invited to participate. Agency will be responsible to reach out to organizations who work with these members of the community to ensure proper participation. SECTION 5. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. a. Monitoring: The Agency will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of non-compliance b. Content: The Agency shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. c. Selection process: the Agency shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. SECTION 6. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. SECTION 7. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. SECTION 8. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Agreement or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed, or recapture funds already disbursed to Agency. The option to withhold or recapture funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV Section 11 of the General Conditions of this Agreement. The City may consider performance under this Agreement when considering future awards. Page 9 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] SECTION 9. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 570.910 including but not limited to, the termination of this Agreement in the manner specified herein. (A) Termination for Cause — If the Agency fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non -beneficial to the public interest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same; (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement. The City may terminate this Agreement in whole or in part, and there upon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows: (1) By the City with the consent of the Agency. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made. (C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement, and prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this Agreement. If the level of funding so reduced or limited is so great that the Department of Community Development deems that the continuation of the program covered by the Agreement is no longer in the best interest of the public, the City may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination under this Section shall be effective upon receipt of written notice by the Agency or its representative. SECTION 10. CLOSE-OUT Upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments; (B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by City of Bremerton or its designee, Page 10 1 2018 Subrecipient Agreement— [City of Bremerton Public Works] (C) Closeout of funds will not occur unless all requirements of 24 CFR 92.507 and all outstanding issues with the general contractor and or subcontractor have been resolved to the satisfaction of the City. SECTION 11. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Superior Court of the State of Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. SECTION 12. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. SECTION 13. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. AGENCY: CITY OF BREMERTON, WASHINGTON Sarah Achaoui, CDBG/HOME Administrator Chal Martin, City of Bremerton, Public Works Greg Wheeler, Mayor Department Date: G1d! $ Date: APPROVED AS TO FORM: BREMERTON CITY ATTORNEY Page 11 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] f BY 1 Page 11 1 2018 Subrecipient Agreement —[City of Bremerton Public Works] INDEX TO CDBG AGREEMENT Article I. Project 1. Scope of Services 2. Project Description 3. Term of Agreement 4. Program Reporting 5. Reversion of Assets Article II. Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reimbursement 4. Program Income Article III. Federal Conditions 1. Benefit to Low Income People 2. Uniform Administrative Requirements 3. Separation of Church and State 4. Non -Discrimination in Employment and Purchasing 5. Local Employment and Purchasing 6. Conflict of Interest 7. Displacement, Relocation, Acquisition and Replacement of Housing 8. Davis Bacon and Related Act 9. Lead Based Paint 10. Discrimination Prohibited 11. Architectural Barriers Act/Americans with Disabilities Act 12. Other Program Requirements Article IV. General Conditions 1. Compliance with Laws 2. Licensing and Program Standards 3. Notices 4. Citizen Participation 5. Assignment and Subcontracting 6. Reservation of Rights 7. Amendments to Agreement 8. Failure to Perform 9. Termination 10. Close -Out 11. Venue and Choice of Law 12. Severability Clause 13. Integrated Document EXHIBITS A. Scope of Services B. Reporting C. Voucher Request for Reimbursement D. Project Budget Page 12 1 2018 Subrecipient Agreement- [City of Bremerton Public Works] c �; zz V Y C Z Q� rz zG v Z � O rJ U G6 z L) z D 0 < 11 cl r -a', z 0 _~ w w Zm O w w w� U) Q T- D D do L� Q ANSI Zw v LU d� z 0 LLI LLI LLI v) LLI z =VCOG z 0 LLI v) LLI z U 7-T "44 No VM )U. & MISMINI, R WME ISMISMIM, MEMEMER Milli• v rc w W 4z O _C", { Y 0 u r `z N N r V WHO - o LL a W a J z Lu o I br ao N E LL l a V zinN3AV OIdIOVd z O I ww G W z 0° o�2 + W W W Mrs Q �o z co zw c LLI r� o u..l GS.. L.LJ `n LLJ zH z� w > w z D w w> Qw zJ (3 — U cn w LU r 0 U-) z (3 J J J Q> W � z L1 Q LLI LLJ C7 JL S _ O � = Z j J = J J 0 Q J LU _> W W J ry cn m [-- W Q Ln LL � N M J J J LLj W W yj W W J J J n Z O z O m w 7 w m w w 0 Q O m LU LU "` ��° R... w � ,.� �:;�' I F. � �'" %t iznu �� �N ,K1S .Q� JF �((fG/i��f, 4' 1�W � i nr � - � « �/��U �� � MS4�'/ql ��/��J/ � � ,, , ,,�. � ��� �1�i4,���l�nlSil�l7j� .. ,.,�%r <}�CCs 4 �Jiil � ��(���f�ia A ;. ��� �, _ � �,� �� ,. Irl}�� �,; $ .r.wi.� -.--� �!��.•� � p �, b r; NG,� AGENDA BILL 6C CITY OF BREMERTON CITY COUNCIL (Updated) SUBJECT: Ordinance No. 5348 to amend Study Session Date: June 13, 2018 Ordinance No. 5341 relating to the City of COUNCIL MEETING Date: June 20, 2018 Bremerton Fiscal Year 2018 Budget; and Department: Financial Services authorize Department Staffing Adjustments Presenter: Caroline Tompson Phone: (360) 473-5209 SUMMARY: Each year the City assesses its current fiscal year budget for any needed adjustments. Adjustments are recommended for the following reasons: to adjust the estimated beginning fund balances to actual, to account for unanticipated/unexpected conditions, to incorporate 2017 carryover items, and to adjust for previously approved Council motions/resolutions etc. The attached ordinance and supporting documents outlines the various reasons for the current proposed budget amendment. ATTACHMENTS: 1) Ordinance No. 5348 to Amend Ordinance No. 5341 adopting the 2018 Budget 2) Exhibit A 3) Exhibit B 4) Detail fund listing identifying proposed line item and budget control category adjustments 5) 2018 Mid -Year Budget Adjustment Memo FISCAL IMPACTS (Include Budgeted Amount): The net adjustment for all City Funds for the Fiscal Year 2018 is $14,045,965 for a total expenditure appropriation of $172,594,547. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5348 amending Ordinance No. 5341 relating to the City of Bremerton Fiscal Year 2018 Budget; and further authorize identified staffing adjustments. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 ORDINANCE NO. 5348 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5341 relating to the City of Bremerton Fiscal Year 2018 Budget. WHEREAS, the City Council passed the Fiscal Year 2018 City Budget Ordinance No. 5341 on November 20, 2017; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to November 20, 2017 which require a formal amendment by ordinance; and WHEREAS, all of the fiends of the City of Bremerton require amendment to adjust beginning fund balances; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2018 or timing changes from that which was anticipated in the 2018 budget; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals in accordance with BMC 3.0.010; and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2018 Annual Budget resulting in the need to amend this Budget document; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Ordinance No. 5341 establishing the City of Bremerton's 2018 Budget is hereby amended as follows; 1) regular revenues and unencumbered fund balances of $172,594,547, the total for each fund as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and 2) in accordance with BMC 3.02.010, expenditures and ending fund balances of $172,594,547 as set forth in Exhibit A, and authoring staffing adjustments as set forth in Exhibit B. 2018 Mid -Year Budget Amendment SECTION 2. That the totals for the funds noted in Exhibit Aare hereby appropriated for the fiscal year 2018. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 2018 ERIC YOUNGER, Council President Approved this day of , 2018 ATTEST: MICHAEL RILEY JR, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. GREG WHEELER, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2018 2018 2 2018 Mid -Year Budget Amendment 2018 REVENUE SOURCES - ALL FUNDS Amended by Ordinance No. 5348 Exhibit A BEG LIC. INTER- CHARGES FINES 2018 FUND AND GOVT FOR AND OTHER TOTAL FUND HAL. TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET General un General Government: City Council 144,432 144,432 Executive 139,629 139,629 Financial Services 705,129 705,129 Legal 524,384 524,384 Human Resources 244,451 244,451 Community Development 3,470,250 1,041,500 200,000 485,270 40,000 5,237,020 Municipal Court 16,000 279,400 299,950 45,400 640,750 City Auditor 33,210 33,210 Law Enforcement 8,700 253,400 196,200 3,500 5,000 466,800 Fire/EmergencyMedical 1,262,000 1,300 1,300 730,150 3,000 5,200 2,002,950 Police & Fire Pension 54,365 54,365 General Facilities 187,248 366,000 553,248 Parks 15,000 253,100 68,400 336,500 Engineering 39,000 1,568,269 1,607,269 Non -Departmental 26,757,174 147,069 722,603 73,599 900,000 65,740 28,666,185 Beginning Fund Balance 9,754,376 9,754,376 9,754,376 31,489,424 1,237,569 1,262,668 5,564,471 1,246,450 555,740 51,110,698 Total General Fund Special Revenue Funds: Street 1,485,275 775,000 834,558 95,000 885,000 4,074,833 Contingency Reserve 1,024,536 120,974 1,145,510 Lodging Tax 574,529 605,000 2,500 1,182,029 Parking System 530,073 225,000 1,266,000 2,021,073 Comm. Dev. Block Grant 203,284 465,000 51,000 75,000 794,284 Abatement Revolving Fund 299,310 25,000 2,000 326,310 Police Special Projects 424,236 15,000 28,000 467,236 Public Access Television 596,859 293,200 120,655 60,500 1,071,214 Gift & Donations Fund 67,267 5,800 73,067 Trial Improvement 72,475 20,000 300 92,775 One Percent for Arts 38,711 9,500 3,300 51,511 Conference Center Oper 12,242 1,313,458 461,000 1,786,700 5,328,797 1,380,000 293,200 1,319,558 1,589,613 265,000 2,910,374 13,086,542 Total Spec. Rev. Funds Debt Service Fund: 2010 LTGO 194,769 364,800 103,756 71,500 734,825 2010 UTGO/LTGO (B) 94,938 859,288 29,847 174,000 1,158,073 Government Center LTGO 84,107 326,000 410,107 2015 Public Safety Bond 52,110 501,000 600 553,710 425,924 1,725,088 0 133,603 0 0 572,100 2,856,715 Total Debt Service Fund Capital Improvement Funds: General Govt Capital Improv. 2,091,512 1,550,000 10,000 3,651,512 Park Facilities Construction 98,923 750,000 790,742 1,639,665 Residential Street & Sidewalk Fund 482,497 550,000 785,727 1,818,224 Transportation Projects Fund 511,201 617,120 1,921,344 1,294,100 4,343,765 Fire Public Safety Capital 2,338,013 5,000 2,343,013 Lebo Blvd Construction 135,389 278,187 413,576 Washington Ave Connector 71,801 71,801 5,729,336 2,717,120 0 2,949,5310 0 2,885,569 14,281,556 Total Capital Improv. Funds Total General Gov't Funds 21,238,433 37,311,632 1,530,769 5,665,360 7,154,084 1,511,450 6,923,783 81,335,511 2018 REVENUE SOURCES - ALL FUNDS Amended by Ordinance No. 5348 Exhibit A BEG LIC. INTER- CHARGES FINES 2018 FUND AND GOVT FOR AND OTHER TOTAL FUND HAL. TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET Enterprise Funds: Water Utility 4,074,273 13,301,700 18,000 519,543 17,913,516 Water Capital 3,971,433 30,000 3,408,511 7,409,944 Wastewater Utility 4,131,571 105,000 15,440,300 20,000 39,000 19,735,871 Wastewater Capital 10,502,572 4,865, 540 15,368,112 Stormwater Utility 1,396,325 50,000 3,813,500 10,000 8,500 5,278,325 Stormwater Capital 2,134,559 13,657 2,696,924 4,845,140 Utility Debt Reserve 1,713,722 14,500 1,728,222 Gold Mountain Golf Complex 205,628 4,338,926 15,000 4,559,554 28,130,083 105,000 0 63,657 36,924,426 48,000 11,567,518 76,838,684 Total Enterprise Funds Internal Service Funds: Risk Management 2,624,440 1,648,197 4,272,637 Self Ins Health & Welfare Reserve (844) (844) Employment Security 555,135 18,000 573,135 Accumulated Leave Liability 2,067 378,000 380,067 ER&R Operations & Maint. 187,221 1,656,765 3,000 1,846,986 ER&R Equipment Reserve 4,021,334 1,555,433 5,576,767 Information Services 288,880 1,481,224 1,500 1,771,604 7,678,233 0 0 0 3,137,989 0 3,604,130 14,420,352 Total Internal Service Funds Total Business Type Funds 35,808,316 105,000 0 63,657 40,062,415 48,000 15,171,648 91,259,036 Total All Funds 57,046,749 37,416,632 1,530,769 5,729,017 47,216,499 1,559,450 22,095,431 172,594,547 2018 EXPENDITURES - ALL FUNDS Amended by Ordinance No. 5348 Exhibit A 2018 SUPPLIES & DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET General Fund General Government: City Council 309,400 54,867 364,267 Executive 271,700 80,455 352,155 Financial Services 1,242,500 314,954 1,557,454 Legal Department 1,149,230 133,345 1,282,575 Human Resources 373,800 253,522 627,322 Community Development 1,634,000 611,653 75,000 2,320,653 Municipal Court 912,300 512,025 1,424,325 City Auditor 77,300 6,457 83,757 Law Enforcement 9,817,403 1,587,739 24,879 11,430,021 Fire/Emergency Medical 9,121,800 1,004,025 77,300 10,203,125 Police & Fire Pension 1,296,500 400,000 1,696,500 General Facilities 419,900 1,363,242 363,135 2,146,277 General Parks 2,050,800 783,890 85,000 2,919,690 Engineering 2,122,400 330,067 2,452,467 Non -Departmental 3,157,413 1,095,974 4,253,387 Ending Fund Balance 7,996,723 7,996,723 30,799,033 10,593,654 0 465,314 1,255,974 7,996,723 51,110,698 Total General Fund Special Revenue Funds: Street 1,336,500 1,686,239 783,727 268,367 4,074,833 Contingency Reserve 1,145,510 1,145,510 Lodging Tax 465,000 345,000 372,029 1,182,029 Parking System 856,456 513,308 25,000 171,500 454,809 2,021,073 Comm. Dev. Block Grant 140,300 561,095 92,889 794,284 Abatement Revolving Fund 84,000 242,310 326,310 Police Special Projects 158,500 60,000 248,736 467,236 Public Access Television 350,100 116,497 70,000 534,617 1,071,214 Gift & Donations Fund 7,000 66,067 73,067 Trial Improvement 29,990 62,785 92,775 One Percent for Arts 21,000 30,511 51,511 Conference Center Oper 1,672,991 95,000 18,709 1,786,700 1,826,900 5,658,768 608,308 155,000 1,300,227 3,537,339 13,086,542 Total Spec. Rev. Funds Debt Service Fund: 2010 LTGO 538,717 196,108 734,825 2010 UTGO/LTGO (B) 1,061,092 96,981 1,158,073 Government Center LTGO 334,363 75,744 410,107 2015 Public Safety Bond 500,500 53,210 553,710 0 0 2,434,672 0 0 422,043 2,856,715 Total Debt Service Fund Capital Improvement Funds: General Govt Capital Improv. 2,103,142 1,548,370 3,651,512 Park Facilities Construction 9,499 1,533,666 96,500 1,639,665 Residential Street & Sidewalk Fund 183,000 534,196 625,000 476,028 1,818,224 Transportation Projects Fund 730,000 2,758,015 855,750 4,343,765 Fire Public Safety Capital 100,000 2,243,013 0 2,343,013 Lebo Blvd Construction Project 330,900 82,676 413,576 Washington Ave Connector 71,801 71,801 183,000 1,373,695 0 7,490,594 2,103,142 3,131,125 14,281,556 Total Capital Improv. Funds Total General Gov't Funds 32,808,933 17,626,117 3,042,980 8,110,908 4,659,343 15,087,230 81,335,511 2018 EXPENDITURES - ALL FUNDS Amended by Ordinance No. 5348 Exhibit A 2018 SUPPLIES & DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET Enterprise Funds: Water Utility 4,416,200 8,025,234 1,210,575 2,623,266 1,638,241 17,913,516 Water Capital 5,806,373 1,603,571 7,409,944 Wastewater Utility 3,176,200 8,245,042 2,776,018 3,834,940 1,703,671 19,735,871 Wastewater Capital 9,681,000 5,687,112 15,368,112 Stormwater Utility 1,377,300 2,053,827 154,106 25,000 1,234,864 433,228 5,278,325 Stormwater Capital 2,167,956 2,677,184 4,845,140 Utility Debt Reserve 1,728,222 1,728,222 Gold Mountain Golf Complex 3,855,737 475,969 227,848 4,559,554 8,969,700 22,179,840 4,616,668 17,680,329 7,693,070 15,699,077 76,838,684 Total Enterprise Funds Internal Service Funds: Risk Management 490,000 1,432,797 2,349,840 4,272,637 Self Ins Health & Welfare Reserve (844) (844) Employment Security 60,000 513,135 573,135 Accumulated Leave Liability 300,000 80,067 380,067 ER&R Operations & Maint 493,700 1,209,820 143,466 1,846,986 ER&R Equipment Reserves 669 2,054,256 3,521,842 5,576,767 Information Services 799,250 683,643 288,711 1,771,604 2,142,950 3,326,929 0 2,054,256 0 6,896,217 14,420,352 Total Internal Service Funds Total Business Type Funds 11,112,650 25,506,769 4,616,668 19,734,585 7,693,070 22,595,294 91,259,036 Total All Funds 43,921,583 43,132,886 7,659,648 27,845,493 12,352,413 37,682,524 172,594,547 City of Bremerton Authorized Staffing Amended by Ordinance No. 5348 Exhibit B Department Position Action FTE Change Authorized Staffing Per 2018 Budget 353.77 Engineering - Permit Technician Authorized by Council 1.00 Finance - Contract Administrator Increase Staffing - Sept 1st 1.00 Sub -Total 2.00 Part -Time & Seasonal FTE by Department Legal - Regular Part -Time Extra Help Increase Staffing 0.30 Parks Recreation - Two Seasonal Laborers (33 FTE each) Increase Staffing 0.66 Sub -Total 0.96 Amended 2018 Authorized Staffing 356.73 1 Per the City's Financial Goals and Policies, the target ending fund balance is 8.5% of annual expenditures excluding capital. The target fund balance for the 2018 budget, as amended, is $3,625,136. The actual ending fund balance after the proposed amendments is $7,996,723 which is higher than the target amount by $4,371,587. The 2018 budget as proposed, includes an ending fund balance which exceeds the target, and is increased from the previously adopted budget by $2,019,134. The financial planning goal is to maintain an ending fund balance recommended by the Government Finance Officers Association (GFOA) of 16.67%, or $7,109,532. The proposed budget with amendments, meets this recommendation. FUND 001 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended December 31, 2018 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ 8,627,000 $ 8,627,000 $ Retail Sales 8,658,000 8,658,000 Other 14,204,424 14,204,424 Licenses and Permits 1,237,569 1,237,569 - Intergovernmental 1,171,668 1,262,668 91,000 Charges for Services 5,501,101 5,564,471 63,370 Fines and Forfeitures 1,246,450 1,246,450 - Miscellaneous 235,740 235,740 - Transfers In & Other Financing 200,000 320,000 120,000 Total Revenues 41,081,952 41,356,322 274,370 EXPENDITURES Personnel Expenses 30,911,500 30,799,033 (112,467) Supplies, Services, and Taxes 10,063,358 10,593,654 530,296 Capital Expenditures 187,000 465,314 278,314 Debt Service - - - Transfers Out 1,170,974 1,255,974 85,000 Total Expenditures 42,332,832 43,113,975 781,143 CHANGES IN FUND BALANCE Net change in fund balances (1,250,880) (1,757,653) (506,773) Fund Balances -beginning 7,228,469 9,754,376 2,525,907 Fund Balances -ending $ 5,977,589 $ 7,996,723 $ 2,019,134 GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $ 364,267 364,267 $ - Executive 352,155 352,155 - Financial Services 1,483,954 1,557,454 73,500 Legal Department 1,199,645 1,282,575 82,930 Human Resources 616,522 627,322 10,800 Community Development 2,216,822 2,320,653 103,831 Municipal Court 1,424,325 1,424,325 - City Auditor 83,757 83,757 - Police Department 11,266,539 11,430,021 163,482 Fire Department 10,135,325 10,203,125 67,800 Police & Fire Pension 1,696,500 1,696,500 - General Facilities 1,493,477 2,146,277 652,800 Parks & Recreation 2,872,890 2,919,690 46,800 Engineering 2,452,267 2,452,467 200 Non -Departmental 4,674,387 4,253,387 (421,000) Total Expenditures $ 42,332,832 $ 43,113,975 $ 781,143 Per the City's Financial Goals and Policies, the target ending fund balance is 8.5% of annual expenditures excluding capital. The target fund balance for the 2018 budget, as amended, is $3,625,136. The actual ending fund balance after the proposed amendments is $7,996,723 which is higher than the target amount by $4,371,587. The 2018 budget as proposed, includes an ending fund balance which exceeds the target, and is increased from the previously adopted budget by $2,019,134. The financial planning goal is to maintain an ending fund balance recommended by the Government Finance Officers Association (GFOA) of 16.67%, or $7,109,532. The proposed budget with amendments, meets this recommendation. FUND 001 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended December 31, 2018 Budget Adiustments: Items Previously pproved by Council or Finance Committee Expenditure - Increase capital in Police for video equipment budgeted but not received in 2017 (carryover) (24,879) Expenditure - Decrease capital in Fire and reallocate to supplies for boat trailer less than capital threshold 9,700 Expenditure - Increase supplies in Fire reallocated from capital for boat trailer (technical correction) (9,700) Revenue - Increase transfer -in from General Gov't Capital Improvement Fund (BEET) for NDGC Phase II 120,000 Expenditure - Increase supplies and services in Facilities for NDGC Phase II Project (120,000) Expenditure - Increase supplies and services in Facilities for NDGC Phase I Project - carryover (257,221) Expenditure - Increase supplies and services in Facilities for NDGC Phase I project - budget increase (10,444) Expenditure - Increase capital in Facilities for NDGC Phase I project - budget increase (131,635) Expenditure - Increase supplies and services in DCD for Praxis tax and licensing software program (28,831) Expenditure - Increase supplies and services in Parks for Urban Forest Plan (carryover/tech correction) (15,000) Expenditure - Decrease Parks personnel and reallocate to transfers out for Manette Park Project 85,000 Expenditure - Increase transfers -out to Parks Capital for Manette Park Project (85,000) Revenue - Increase charges for services in Legal for Risk Manager position upgrade (paid by Risk) 34,600 Expenditure - Increase personnel in Legal for Risk Manager upgrade and temporary double fill (43,630) Expenditure - Decrease personnel in Non -Departmental for set -a -side labor 421,000 Expenditure - Increase personnel for Police for BPMA contract negotiations (Non -Dept. set -a -side) (79,603) Expenditure - Increase personnel throughout all departments for Wage and Class (Non -Dept. set -a -side) (148,000) New Items Not PreviouslyApproved by Council Expenditure - Increase personnel in Police Dept. for larger than anticipated medical insurance premiums (49,400) Expenditure - Increase personnel in Fire Dept. for larger than anticipated medical insurance premiums (39,800) Expenditure - Decrease personnel in Mayor's budget and reallocate to supplies for vehicle expenses vs. allowance 3,000 Expenditure - Increase supplies in Mayor's budget for vehicle fuel and maintenance costs (3,000) Revenue - Increase intergovernmental in Court for Public Defense Improvement grant funding 16,000 Expenditure - Increase capital in Facilities for Naval Museum humidifier (revenue received from Navy in 2017) (131,500) Expenditure - Increase personnel in Finance to add a Contract Administrator - Sept. 1 st hire (41,100) Revenue - Increase charges for services from Parking fund for 50% of Contract Administrator position 20,550 Revenue - Increase charges for services from Overhead Cost Allocation for Contract Administrator position 8,220 Expenditure - Decrease personnel in DCD and reallocate to supplies (technical correction) 5,000 Expenditure - Increase supplies in DCD for computer and phones associated with additional personnel (5,000) Revenue - Increase intergovernmental in DCD for Eastside Economic Revitalization Commerce Grant 75,000 Expenditure - Increase supplies and services in DCD for professional services associated with Commerce Grant (75,000) Expenditure - Increase supplies and services in Finance for unanticipated equipment failure/purchase (6,100) Net adjustment to ending fund balance required S (506,773) FUND 001 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31, 2018 New Item, Not Previousl=. AL)proved b% _Council Net adjustment to ending fund balance required $ (875,003) FUND 102 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other 775,000 775,000 - Licenses and Permits - - - Intergovernmental (fuel tax) 834,558 834,558 - Charges for Services 95,000 95,000 - Fines and Forfeitures - - - Miscellaneous 8,000 8,000 - Transfers in & Other Revenue 877,000 877,000 - Total Revenues 2,589,558 2,589,558 - EXPENDITURES Personnel Expenses 1,335,400 1,336,500 1,100 Supplies, Services, and Taxes 1,596,063 1,686,239 90,176 Capital Expenditures - - - Debt Service - - - Transfers Out - 783,727 783,727 Total Expenditures 2,931,463 3,806,466 875,003 CHANGES IN FUND BALANCE Net change in fund balances (341,905) (1,216,908) (875,003) Fund Balances -beginning 708,733 1,485,275 776,542 Fund Balances -ending $ 366,828 $ 268,367 $ (98,461) Budget Adjustments: Items Previousl`_Avnroved b% Council Expenditure - Increase supplies for contracted services on intersection data collection (carryover) (35,000) Expenditure - Increase Transfer -out for remaining TBD fund balance designated for Residential Streets (783,727) Expenditure - Increase supplies for thermoplastic striping (carryover/technical correction) (55,176) Expenditure - Increase personnel for Wage and Class adjustment (1,100) New Item, Not Previousl=. AL)proved b% _Council Net adjustment to ending fund balance required $ (875,003) FUND 102 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONTINGENCY RESERVE FUND For the Year Ended December 31, 2018 Budget Adjustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required FUND 103 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 5,000 5,000 - Transfers -in & Other Revenue 115,974 115,974 - Total Revenues 120,974 120,974 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures - - - CHANGES IN FUND BALANCE Net change in fund balances 120,974 120,974 - Fund Balances -beginning 1,031,256 1,024,536 (6,720) Fund Balances -ending $ 1,152,230 $ 1,145,510 $ (6,720) Budget Adjustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required FUND 103 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE LODGING TAX FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other (hotel/motel tax) Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budget Adjustments: 607,500 607,500 465,000 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 605,000 605,000 - 2,500 2,500 - 607,500 607,500 465,000 465,000 - 345,000 345,000 - 810,000 810,000 - (202,500) (202,500) - 533,945 574,529 40,584 $ 331,445 $ 372,029 $ 40,584 Net adjust to ending fund balance required Items Previoush Approved b�_ Council FUND 104 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Year Ended December 31, 2018 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 225,000 225,000 - Miscellaneous 1,266,000 1,266,000 - Transfers in & Other Revenue - - - Total Revenues 1,491,000 1,491,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 835,906 856,456 20,550 Capital Expenditures 25,000 25,000 - Debt Service 513,308 513,308 - Transfers Out 171,500 171,500 - Total Expenditures 1,545,714 1,566,264 20,550 CHANGES IN FUND BALANCE Net change in fund balances (54,714) (75,264) (20,550) Fund Balances -beginning 327,939 530,073 202,134 Fund Balances -ending $ 273,225 $ 454,809 $ 181,584 Budget Adjustments: New Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure - Increase supplies and services for interfund charges associated with personnel Net adjustment to ending fund balance required FUND 105 (20,550) $ (20,550) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE COMMUNITY DEVELOPMENT BLOCK GRANT For the Year Ended December 31, 2018 Bud�_,et Adiustments: Items Not Previously Approved bN Council Net adjustment required to the ending fund balance FUND 106 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ -- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 465,000 465,000 - Charges for Services 51,000 51,000 - Fines and Forfeitures - - - Miscellaneous - - - Transfers in 75,000 75,000 - Total Revenues 591,000 591,000 - EXPENDITURES Personnel Expenses 140,300 140,300 - Supplies, Services, and Taxes 561,095 561,095 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 701,395 701,395 - CHANGES IN FUND BALANCE Net change in fund balances (110,395) (110,395) - Fund Balances -beginning 298,658 203,284 (95,374) Fund Balances -ending $ 188,263 $ 92,889 $ c 95,3 74 i Bud�_,et Adiustments: Items Not Previously Approved bN Council Net adjustment required to the ending fund balance FUND 106 Budget Adiustments: Items Previously_ Approved b` Council Net adjustment to ending fund balance required FUND 108 $ 0 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ABATEMENT REVOLVING FUND For the Year Ended December 31, 2018 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 25,000 25,000 - Miscellaneous 2,000 2,000 - Transfers in - - - Total Revenues 27,000 27,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 84,000 84,000 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 84,000 84,000 - CHANGES IN FUND BALANCE Net change in fund balances (57,000) (57,000) - Fund Balances -beginning 211,555 299,310 87,755 Fund Balances -ending $ 154,555 $ 242,310 $ 87,755 Budget Adiustments: Items Previously_ Approved b` Council Net adjustment to ending fund balance required FUND 108 $ 0 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE POLICE SPECIAL PROJECTS FUND For the Year Ended December 31, 2018 Budget Adjustments: New Items Not Previoush Approved bF Council Net adjustment to ending fund balance required FUND 110 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 15,000 15,000 - Miscellaneous 28,000 28,000 - Transfers in - - - Total Revenues 43,000 43,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 158,500 158,500 - Capital Expenditures 60,000 60,000 - Debt Service - - - Transfers Out - - - Total Expenditures 218,500 218,500 - CHANGES IN FUND BALANCE Net change in fund balances (175,500) (175,500) - Fund Balances -beginning 381,016 424,236 43,220 Fund Balances -ending $ 205,516 $ 248,736 $ 43,220 Budget Adjustments: New Items Not Previoush Approved bF Council Net adjustment to ending fund balance required FUND 110 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PUBLIC ACCESS TELEVISION OPERATIONS FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other (city PEG fees) Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budget Adiustments: Adopted Budget 2018 293,200 120,655 60,500 Proposed Amended Budget 293,200 120,655 60,500 Adj Required From The Adopted Budget 2018 350,100 350,100 - 116,497 116,497 - 70,000 70,000 - 536,597 - 536,597 (62,242) (62,242) - 592,303 596,859 4,556 $ 530,061 $ 534,617 $ 4,556 Items Previousl\ Approved b,. Council Items Not Previously A- roved b-, Council Net adjustment to ending fund balance required FUND 113 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Bud!,,et Adjustments: Proposed Adopted Amended Budget Budget '1n1 0 7A10 2,800 5,800 2,800 5,800 1,200 7,000 1,600 (1,200) 68,039 67,267 $ 69,639 $ 66,067 Items Not Previously Approved by Council Expenditure - Increase supplies and services in Fire Donations Expenditure - Increase supplies and services for Parks memorial benches Revenue - Increase Parks donations for memorial benches Net adjustment to ending fund balance required FUND 114 Adj Required From The Adopted Budget IIn10 3,000 5,800 5,800 (2,800) (772) $ (3,572 1 (500) (5,300) 3,000 $ (2,800) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TRIAL IMPROVEMENT FUND For the Year Ended December 31, 2018 Budget Adjustments: Items Previou..sb�_ Approved b,, Council Expenditure - Increase supplies and services for purchase of DISCUS/JIS software/services Items Not Previously Aj1proved b\ Council Net adjustment to ending fund balance required FUND 116 (11,990) $ (11,990) Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 20,000 20,000 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 300 300 - Transfers in - - - Total Revenues 20,300 20,300 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 18,000 29,990 11,990 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 18,000 29,990 11,990 CHANGES IN FUND BALANCE Net change in working capital 2,300 (9,690) (11,990) Fund Balances -beginning 72,015 72,475 460 Fund Balances -ending $ 74,315 $ 62,785 $ (11,530) Budget Adjustments: Items Previou..sb�_ Approved b,, Council Expenditure - Increase supplies and services for purchase of DISCUS/JIS software/services Items Not Previously Aj1proved b\ Council Net adjustment to ending fund balance required FUND 116 (11,990) $ (11,990) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ONE PERCENT FOR ARTS FUND For the Year Ended December 31, 2018 Budget Adjustments: New Items Not Previouslti._A])proved b� Council Expenditure - Increase supplies and services for cabinet wraps approved by Arts Commission Net adjustment to ending fund balance required FUND 117 (7,000) $ (7,000) Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 9,500 9,500 - Fines and Forfeitures - - - Miscellaneous 3,300 3,300 - Transfers in - - - Total Revenues 12,800 12,800 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 14,000 21,000 7,000 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 14,000 21,000 7,000 CHANGES IN FUND BALANCE Net change in working capital (1,200) (8,200) (7,000) Fund Balances -beginning 43,365 38,711 (4,654) Fund Balances -ending $ 42,165 $ 30,511 $ (11,654) Budget Adjustments: New Items Not Previouslti._A])proved b� Council Expenditure - Increase supplies and services for cabinet wraps approved by Arts Commission Net adjustment to ending fund balance required FUND 117 (7,000) $ (7,000) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER OPERATIONS For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers In & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budget Adjustments: Adopted Budget 1,313,458 1,000 1,774,458 Proposed Amended Budget 1,313,458 1,000 460,000 $ Adj Required From The Adopted Budget 2018 1,672,991 1,672,991 - 95,000 95,000 - 1,767,991 1,767,991 - 6,467 6,467 - 2,556 12,242 9,686 $ 9,023 $ 18,709 $ 9,686 Items Not Previously Approved b,, Council Net adjustment required to the ending fund balance FUND 120 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 LTGO For the Year Ended December 31, 2018 Budget Adjustments: New Items Not Previously Approved b� Council Net adjustment required to the ending fund balance FUND 203 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ 2,000 $ 2,000 $ - Sales 362,800 362,800 - Other - - - Licenses and Permits - - - Intergovernmental 103,756 103,756 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 1,500 1,500 - Transfers in 70,000 70,000 - Total Revenues 540,056 540,056 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 538,717 538,717 - Transfers Out - - - Total Expenditures 538,717 538,717 - CHANGES IN FUND BALANCE Net change in fund balances 1,339 1,339 - Fund Balances -beginning 194,892 194,769 (123) Fund Balances -ending $ 196,231 $ 196,108 $ (123) Budget Adjustments: New Items Not Previously Approved b� Council Net adjustment required to the ending fund balance FUND 203 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 UTGO/LTGO (B) For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budget Adjustments: New Items. Not Previously_Ap+-piro_vedb ,._Council Net adjustment required to the ending fund balance FUND 204 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 $ 859,288 $ 859,288 $ - 29,847 29,847 - 2,500 2,500 - 171,500 171,500 - 1,063,135 1,063,135 - 1,061,092 1,061,092 - 1,061,092 1,061,092 - 2,043 2,043 - 94,884 94,938 54 $ 96,927 $ 96,981 $ 54 New Items. Not Previously_Ap+-piro_vedb ,._Council Net adjustment required to the ending fund balance FUND 204 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOVERNMENT CENTER LTGO For the Year Ended December 31, 2018 Budget Adjustments: Items Previously Approved by Council Net adjustment required to the ending fund balance FUND 205 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 1,000 1,000 - Transfers in & Other Revenue 325,000 325,000 - Total Revenues 326,000 326,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 334,363 334,363 - Transfers Out - - - Total Expenditures 334,363 334,363 - CHANGES IN FUND BALANCE Net change in fund balances (8,363) (8,363) - Fund Balances -beginning 84,427 84,107 (320) Fund Balances -ending $ 76,064 $ 75,744 $ (320) Budget Adjustments: Items Previously Approved by Council Net adjustment required to the ending fund balance FUND 205 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2015 PUBLIC SAFETY BOND FUND For the Year Ended December 31, 2018 Bud,,et Adjustments: New Items Not Previously Approved by Council Net adjustment required to the ending fund balance FUND 206 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ 501,000 $ 501,000 $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - _ Miscellaneous 600 600 - Transfers in & Other Revenue - - - Total Revenues 501,600 501,600 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 500,500 500,500 - Transfers Out - - - Total Expenditures 500,500 500,500 - CHANGES IN FUND BALANCE Net change in fund balances 1,100 1,100 - Fund Balances -beginning 55,946 52,110 (3,836) Fund Balances -ending $ 57,046 $ 53,210 $ (3,836) Bud,,et Adjustments: New Items Not Previously Approved by Council Net adjustment required to the ending fund balance FUND 206 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other (Real Estate Excise Taxes) Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending lsud -,,et Adi ustments: Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget IM 2 Iniu IMIQ 1,550,000 1,550,000 - 10,000 10,000 - 1,560,000 1,560,000 - 1,374,100 2,103,142 729,042 1,374,100 2,103,142 729,042 185,900 (543,142) (729,042) 1,834,809 2,091,512 256,703 $ 2,020,709 $ 1,548,370 $ (472,339) Items Previously Ai�rrovedb� Council Expenditure - Increase transfer -out to General Fund for NDGC Phase II Project Expenditure - Increase transfer -out to Parks Capital for Manette Park Project Expenditure - Increase transfer -out for Harborside Park Improvements (carryover) Expenditure - Increase transfer -out to Parks Capital for Manette Park Project Design (carryover) Net adjustment required to the ending fund balance FUND 308 (120,000) (572,000) (9,499) (27,543) $ (729,042) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK FACILITIES CONSTRUCTION FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending 15,000 - (15,000) - 1,543,165 1,543,165 1 J,V VV 1,JTJ,IVJ 1,JGV,IVJ (14,300) (2,423) 11,877 166,035 98,923 (67,112) $ 151,735 $ 96,500 $ (55,235) Bud -_et Adjustments: Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 Revenue - Increase transfers -in from REET ($572,000) and General Fund ($85,000) for Manette Park Project 657,000 Revenue - Increase transfer -in from REET for Harborside Park Project (carryover) 9,499 - 750,000 750,000 700 96,700 96,000 - 694,042 694,042 700 1,540,742 1,540,042 15,000 - (15,000) - 1,543,165 1,543,165 1 J,V VV 1,JTJ,IVJ 1,JGV,IVJ (14,300) (2,423) 11,877 166,035 98,923 (67,112) $ 151,735 $ 96,500 $ (55,235) Bud -_et Adjustments: Items Previously Approved b�_ Council Expenditure - Decrease supplies and services for Urban Forest Plan budgeted in GF (carryover/correction) 15,000 Expenditure - Increase capital for Manette Park Renovation Project (1,503,000) Revenue - Increase intergovernmental revenue for Manette Park RCO grants 750,000 Revenue - Increase miscellaneous in donations for Manette Park Project 96,000 Revenue - Increase transfers -in from REET ($572,000) and General Fund ($85,000) for Manette Park Project 657,000 Revenue - Increase transfer -in from REET for Harborside Park Project (carryover) 9,499 Expenditure - Increase supplies and services for Harborside Park Project (carryover) (9,499) Expenditure - Increase capital for Lions Park Playground Project (carryover) (3,123) Revenue - Increase transfers -in from REET for Manette Park Renovation Project design (carryover) 27,543 Expenditure - Increase capital for Manette Park Renovation Project Design (carryover) (27,543) Items Not Previously Approved bs Council Net adjustment required to the ending fund balance $ 11,877 FUND 310 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE RESIDENTIAL STREET CAPITAL For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budget Adjustments: Items Previously Approved by Council Expenditure - Increase supplies and services for additional cost of mini excavator Revenue - Increase transfer -in from Street Fund for remaining TBD fund balance Net adjustment required to the ending fund balance FUND 314 (13,196) 783,727 $ 770,531 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 550,000 550,000 - 2,000 2,000 - - 783,727 783,727 552,000 1,335,727 783,727 183,000 183,000 - 521,000 534,196 13,196 625,000 625,000 - 1,342,196 13,196 1,329,000 (777,000) (6,469) 770,531 1,120,767 482,497 (638,270) $ 343,767 $ 476,028 $ 132,261 Items Previously Approved by Council Expenditure - Increase supplies and services for additional cost of mini excavator Revenue - Increase transfer -in from Street Fund for remaining TBD fund balance Net adjustment required to the ending fund balance FUND 314 (13,196) 783,727 $ 770,531 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TRANSPORTATION CAPITAL PROJECTS For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Bud -,,,et Adjustments: Adopted Budget amnio 617,120 1,921,344 75,000 769,100 3,3 82,564 230,000 2,758,015 394,549 367,649 $ 762,198 Proposed Adj Required Amended From The Budget Adopted Budget ,Into nnyo 617,120 - 2,371,344 450,000 75,000 - 769,100 - 3,832,564 450,000 730,000 500,000 2,758,015 - 3,488,015 500,000 344,549 511,201 $ 855,750 Items Previously Approved b�__Counc l Revenue - Increase intergovernmental for revenue associated with SR303 Study Expenditure - Increase supplies and services for SR303 Study (50,000) 143,552 $ 93,552 Items Not Previoush Approved b% Council Net adjustment required to the ending fund balance FUND 315 450,000 (500,000) $ (50,000) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FIRE PUBLIC SAFETY CAPITAL For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budget Adiustments: Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 5,000 5,000 - 5,000 5,000 - 100,000 100,000 950,000 2,243,013 1,293,013 950,000 2,343,013 1,393,013 (945,000) (2,338,013) (1,393,013) 1,177,712 2,338,013 1,160,301 $ 232,712 $ - $ (232,712) Items Previousb APhroved b, Council Expenditure - Increase capital for Public Safety Bond carryover items Expenditure - Increase supplies and services for Public safety Bond carryover items Net adjustment required to the ending fund balance FUND 316 (1,293,013) (100,000) $ (1,393,013) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE LEBO BLVD CONSTRUCTION PROJECT For the Year Ended December 31, 2018 Budtet Adiustments: Items Previoush Approved b\ Council Net adjustment required to the ending fund balance FUND 317 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 278,187 278,187 - Charges for Services - - - Fines and Forfeitures - - - N iscellaneous - - - Transfers in & Other Revenue - - - Total Revenues 278,187 278,187 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 330,900 330,900 - Debt Service - - - Transfers Out - - - Total Expenditures 330,900 330,900 - CHANGES IN FUND BALANCE Net change in fund balances (52,713) (52,713) - Fund Balances -beginning 52,713 135,389 82,676 Fund Balances -ending $ - $ 82,676 $ 82,676 Budtet Adiustments: Items Previoush Approved b\ Council Net adjustment required to the ending fund balance FUND 317 Cit , of Bremerton 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASHINGTON AVE CONNECTOR FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in fund balances Fund Balances -beginning Fund Balances -ending Budeet Ad i ustments: Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 71,801 71,801 $ - $ 71,801 $ 71,801 Items Previously Approved by Council Net adjustment required to the ending fund balance Note: After the project is closed, remaining ending fund balance will be transferred back to original funding source. FUND 334 City_ of Bremerton 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended December 31, 2018 EXPENDITURES Adj Required From The Adopted Budget �Al. Personnel Expenses 4,364,100 Proposed 52,100 Adopted Amended 8,025,234 Budget Budget - 2018 2018 REVENUES 1,210,575 1,210,575 Taxes Transfers Out 1,000,000 Property $ - $ - Sales - - Other - - Licenses and Permits - - Intergovernmental - - Charges for Services 13,301,700 13,301,700 Fines and Forfeitures 18,000 18,000 Miscellaneous 519,543 519,543 Transfers in & Other Revenue - - Total Revenues 13,839,243 13,839,243 EXPENDITURES Adj Required From The Adopted Budget �Al. Personnel Expenses 4,364,100 4,416,200 52,100 Supplies, Services, and Taxes 8,025,234 8,025,234 - Capital Expenditures - - - Debt Service 1,210,575 1,210,575 - Transfers Out 1,000,000 2,623,266 1,623,266 Total Expenditures 14,599,909 16,275,275 1,675,366 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (760,666) (2,436,032) (1,675,366) Fund Balances -beginning working capital 3,062,861 4,074,273 1,011,412 Fund Balances -ending working capital $ 2,302,195 $ 1,638,241 $ (663,954) Budget Adjustments: Items Previousl. Aus)roved b� Council Expenditure - Increase personnel for Wage and Class adjustment (52,100) Expenditure - Increase transfer -out to Water Capital, leaving 12% reserves per Financial Goals and Policies (1,623,266) New Items Not Previously Approved b� Council Net adjustment required to the ending fund balance $ 1,675,366) FUND 401 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 5,806,373 5,806,373 - Debt Service - - - Transfers Out - - - Total Expenditures 5,806,373 5,806,373 - CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (3,991,128) (2,367,862) 1,623,266 Fund Balances -beginning working capital 5,499,384 3,971,433 (1,527,951 Fund Balances -ending working capital $ 1,508,256 $ 1,603,571 $ 95,315 Bud,,et Adiustments: Items PreviousL Apia roved b\ Council Revenue - Increase transfers -in from Water Fund to support capital improvement projects New Items Not Previoush Approved b■ Council Net adjustment required to the ending fund balance FUND 404 1,623,266 $ 1,623,266 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER CAPITAL For the Year Ended December 31, 2018 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 30,000 30,000 - Fines and Forfeitures - - - Miscellaneous 700,600 700,600 - Transfers in & Other Revenue 1,084,645 2,707,911 1,623,266 Total Revenues 1,815,245 3,438,511 1,623,266 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 5,806,373 5,806,373 - Debt Service - - - Transfers Out - - - Total Expenditures 5,806,373 5,806,373 - CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (3,991,128) (2,367,862) 1,623,266 Fund Balances -beginning working capital 5,499,384 3,971,433 (1,527,951 Fund Balances -ending working capital $ 1,508,256 $ 1,603,571 $ 95,315 Bud,,et Adiustments: Items PreviousL Apia roved b\ Council Revenue - Increase transfers -in from Water Fund to support capital improvement projects New Items Not Previoush Approved b■ Council Net adjustment required to the ending fund balance FUND 404 1,623,266 $ 1,623,266 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31, 2018 Adopted Budget REVENUES Adj Required Taxes From The Property Adopted Budget Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services 4,338,926 Fines and Forfeitures - Miscellaneous 15,000 Transfers in - Total Revenues 4,353,926 EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes 3,855,737 Capital Expenditures - Debt Service 475,969 Transfers Out - Total Expenditures 4,331,706 CHANGES IN FUND BALANCE Net change in working capital 22,220 Fund Balances -beginning working capital 33,812 Fund Balances -ending working capital $ 56,032 $ Budzet Adiustments: Proposed Adj Required Amended From The Budget Adopted Budget 2018 2018 4,338,926 - 15,000 - 4,353,926 - 3,855,737 - 475,969 - 4,331,706 - 22,220 - 205,628 171,816 227,848 $ 171,816 Items Not Previousl,, Approved by Council Net adjustment required to the ending fund balance FUND 407 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31, 2018 EXPENDITURES Adj Required From The Adopted Budget 2018 Personnel Expenses 3,155,400 Proposed 20,800 Adopted Amended 8,245,042 Budget Budget - 2018 2018 REVENUES 2,776,018 2,776,018 Taxes Transfers Out 1,300,000 Property $ - $ - Sales 90,000 90,000 Other 15,000 15,000 Licenses and Permits - - Intergovernmental - - Charges for Services 15,440,300 15,440,300 Fines and Forfeitures 20,000 20,000 Miscellaneous 39,000 39,000 Transfers in & Other Revenue - - Total Revenues 15,604,300 15,604,300 EXPENDITURES Adj Required From The Adopted Budget 2018 Personnel Expenses 3,155,400 3,176,200 20,800 Supplies, Services, and Taxes 8,245,042 8,245,042 - Capital Expenditures - - _ Debt Service 2,776,018 2,776,018 - Transfers Out 1,300,000 3,834,940 2,534,940 Total Expenditures 15,476,460 18,032,200 2,555,740 CHANGES IN FUND BALANCE Net change in working capital 127,840 (2,427,900) (2,555,740) Fund Balances -beginning working capital 4,154,949 4,131,571 (23,378) Fund Balances -ending working capital $ 4,282,789 $ 1,703,671 $ (2,579,118) Bud gt_Adjustments: Items Previousl} Ahf�roved by Council Expenditure - Increase personnel for Wage and Class adjustment (20,800) Expenditure - Increase transfers -out to Wastewater Capital, leaving 12% reserves per Financial Goals & Policies (2,534,940) New Items Not Preyiousl, Approved by Council Net adjustment required to the ending fund balance $ (2,555,740) FUND 451 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER CAPITAL For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures 9,681,000 9,681,000 - 9,681,000 9,681,000 - CHANGES IN FUND BALANCE Net change in working capital (7,350,400) (4,815,460) 2,534,940 Fund Balances -beginning working capital 8,967,410 10,502,572 1,535,162 Fund Balances -ending working capital $ 1,617,010 $ 5,687,112 $ 4,070,102 Budeet Ad i ustments: Items IIreviousl.. Approved bv Council Revenue - Increase transfers -in from Wastewater to support capital improvement projects New Items Not Previously App roved by Council Net adjustment required to the ending fund balance FUND 454 2,534,940 $ 2,534,940 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 $ - $ 30,600 30,600 - 2,300,000 4,834,940 2,534,940 2,330,600 4,865,540 2,534,940 9,681,000 9,681,000 - 9,681,000 9,681,000 - CHANGES IN FUND BALANCE Net change in working capital (7,350,400) (4,815,460) 2,534,940 Fund Balances -beginning working capital 8,967,410 10,502,572 1,535,162 Fund Balances -ending working capital $ 1,617,010 $ 5,687,112 $ 4,070,102 Budeet Ad i ustments: Items IIreviousl.. Approved bv Council Revenue - Increase transfers -in from Wastewater to support capital improvement projects New Items Not Previously App roved by Council Net adjustment required to the ending fund balance FUND 454 2,534,940 $ 2,534,940 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER UTILITY For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in working capital Fund Balances -beginning working capital Fund Balances -ending working capital Budget Adjustments: Adopted Budget Ini4 25,000 3,813,500 10,000 8,500 3,857,000 1,371,300 2,053,827 154,106 100,000 3,679,233 177,767 1,294,668 $ 1,472,435 Proposed Amended Budget 2018 50,000 3,813,500 10,000 8,500 1,377,300 2,053,827 25,000 154,106 1,234,864 4,845,097 (963,097) 1,396,325 $ 433,228 Items Previously Approved by Council Adj Required From The Adopted Budget 2018 25,000 /-J,VUV 6,000 25,000 1,134,864 1,165,864 (1,140,864) 101,657 $ (1,039,207) Expenditure - Increase personnel due to Wage and Class adjustment (6,000) Expenditure - Increase transfers -out to Stormwater Capital, leaving 12% reserves per Financial Goals & Policies (1,134,864) New Items Not Previously Approved by Council Revenue - Increase intergovernmental for Dept. of Ecology grant used to purchase mini stormwater vac 25,000 Expenditure - Increase capital to purchase mini stormwater vac (25,000) Net adjustment required to the ending fund balance $ (1,140,864) FUND 481 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER CAPITAL For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in & Other Revenue Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in working capital Fund Balances -beginning working capital Fund Balances -ending working capital Budget Adiustments: Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget InIQ 7n1Q IAIQ - 13,657 13,657 16,000 1,150, 864 1,134, 864 1,546,060 1,546,060 - 1,562,060 2,710,581 1,148,521 2,149,747 2,167,956 18,209 2,149,747 2,167,956 18,209 (587,687) 542,625 1,130,312 2,300,678 2,134,559 (166,119) $ 1,712,991 $ 2,677,184 $ 964,193 Items Previously Approved by Council Revenue - Increase intergovernmental from Dept. of Ecology - Ostrich Bay Creek design carryover Expenditure - Increase capital for design of Ostrich Bay Creek - Carryover Revenue - Increase transfers -in from Stormwater to support capital improvement projects New Items Not Previoush Approved b. Council Net adjustment required to the ending fund balance FUND 484 13,657 (18,209) 1,134,864 $ 1,130,312 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE UTILITY DEBT RESERVE For the Year Ended December 31, 2018 New Items Not Previousl. Approved b% Council Net adjustment required to the ending fund balance FUND 499 $ 0 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 14,500 14,500 - Transfers in and other - - - Total Revenues 14,500 14,500 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures - - - CHANGES IN FUND BALANCE Net change in working capital 14,500 14,500 - Fund Balances -beginning working capital 1,718,063 1,713,722 (4,341) Fund Balances -ending working capital $ 1,732,563 $ 1,728,222 $ (4,341) New Items Not Previousl. Approved b% Council Net adjustment required to the ending fund balance FUND 499 $ 0 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 1,648,197 1,648,197 1,648,197 1,648,197 - 265,000 490,000 225,000 1,383,197 1,432,797 49,600 CHANGES IN FUND BALANCE Net change in working capital - (274,600) (274,600) Fund Balances -beginning working capital 2,917,802 2,624,440 (293,362 1 Fund Balances -ending working capital $ 2,917,802 $ 2,349,840 $ i 567,962, Bud_• -et Adjustments: Items Previoush_Approved b� Council Expenditure - Increase supplies and services for interfund charges associated with Risk Manager New Items Not Previousl,_ APmroved b, Council Expenditure - Increase personnel due to unforeseen and unexpected medical expenses Expenditure - Increase supplies and services under workers comp for litigation Net adjustment required to the ending fund balance FUND 503 (34,600) (225,000) (15,000) $ (274,600) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE SELF INSURANCE HEALTH AND WELFARE RESERVE For the Year Ended December 31, 2018 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in working capital Fund Balances -beginning working capital Fund Balances -ending working capital Budget Adjustments: Proposed Ad Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 (844) (844) $ - $ (844) $ (844) Items Not Previously Approved by Council Net adjustment required to the ending fund balance FUND 504 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EMPLOYMENT SECURITY For the Year Ended December 31, 2018 Budget Adjustments: Items Previousl . A roved b,• Council Net adjustment required to the ending fund balance FUND 506 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 18,000 18,000 - Transfers in - - - Total Revenues 18,000 18,000 - EXPENDITURES Personnel Expenses 60,000 60,000 - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 60,000 60,000 - CHANGES IN FUND BALANCE Net change in working capital (42,000) (42,000) - Fund Balances -beginning working capital 543,172 555,135 11,963 Fund Balances -ending working capital $ 501,172 $ 513,135 $ 11,963 Budget Adjustments: Items Previousl . A roved b,• Council Net adjustment required to the ending fund balance FUND 506 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ACCUMULATED LEAVE LIABILITY For the Year Ended December 31, 2018 Budget Adjustments: Items Previously Approved bti Council Net adjustment required to the ending fund balance FUND 507 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 378,000 378,000 - Transfers in - - - Total Revenues 378,000 378,000 - EXPENDITURES Personnel Expenses 300,000 300,000 - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 300,000 300,000 - CHANGES IN FUND BALANCE Net change in working capital 78,000 78,000 - Fund Balances -beginning working capital 53,318 2,067 (51,251) Fund Balances -ending working capital $ 131,318 $ 80,067 $ (51,251) Budget Adjustments: Items Previously Approved bti Council Net adjustment required to the ending fund balance FUND 507 CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - OPERATIONS AND MAINTENANCE For the Year Ended December 31, 2018 Adopted Budget REVENUES Taxes Property $ - Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services 1,596,765 Fines and Forfeitures - Miscellaneous 3,000 Transfers in & Other Financing - Total Revenues 1,599,765 EXPENDITURES Personnel Expenses 493,000 Supplies, Services, and Taxes 1,149,820 Capital Expenditures - Debt Service - Transfers Out - Total Expenditures 1,642,820 CHANGES IN FUND BALANCE Net change in working capital (43,055) Fund Balances -beginning working capital 138,796 Fund Balances -ending working capital $ 95,741 Bud„et Adjustments: Proposed Amended Budget 2018 1,656,765 3,000 493,700 1,209,820 1,703,520 Adj Required From The Adopted Budget 60,000 700 60,000 (43,755) (700) 187,221 48,425 $ 143,466 $ 47,725 Items Previousb Approved by Council Expenditure - Increase personnel for Wage and Class adjustment New Items Not Previousb, AI)hroved bv Council Expenditure - Increase supplies and services due to increases in fuel Revenue - Increase charges for services from city departments for fuel consumption Net adjustment to ending fund balance required FUND 509 (700) (60,000) 60,000 $ (700) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - RESERVES For the Year Ended December 31, 2018 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 669 669 - Capital Expenditures 1,790,429 2,054,256 263,827 Debt Service - - - Transfers Out & Other - - - Total Expenditures 1,791,098 2,054,925 263,827 CHANGES IN FUND BALANCE Net change in working capital (283,164) (499,492) (216,328) Fund Balances -beginning working capital 3,950,941 4,021,334 70,393 Fund Balances -ending working capital $ 3,667,777 $ 3,521,842 (145,935) Budeet Adjustments: Items Previoush Apj roved b% Council Revenue - Increase capital contribution revenue from Residential Street Fund for cost of mini excavator Expenditure - Increase capital expenditure for additional cost of mini excavator Revenue - Increase insurance recoveries from Risk for wrecked Police Interceptor Expenditure - Increase capital to replace wrecked Police Interceptor Expenditure - Increase capital to replace wrecked Crown Victoria (1/17/18) Expenditure - Increase capital to replace front-end loader in Forestry New Items Not Previously Approved by Council Net adjustment required to the ending fund balance FUND 510 13,196 (13,196) 34,303 (36,303) (37,728) (176,600) $ (216,328) Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 30,000 30,000 - Transfers in & Other 1,477,934 1,525,433 47,499 Total Revenues 1,507,934 1,555,433 47,499 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 669 669 - Capital Expenditures 1,790,429 2,054,256 263,827 Debt Service - - - Transfers Out & Other - - - Total Expenditures 1,791,098 2,054,925 263,827 CHANGES IN FUND BALANCE Net change in working capital (283,164) (499,492) (216,328) Fund Balances -beginning working capital 3,950,941 4,021,334 70,393 Fund Balances -ending working capital $ 3,667,777 $ 3,521,842 (145,935) Budeet Adjustments: Items Previoush Apj roved b% Council Revenue - Increase capital contribution revenue from Residential Street Fund for cost of mini excavator Expenditure - Increase capital expenditure for additional cost of mini excavator Revenue - Increase insurance recoveries from Risk for wrecked Police Interceptor Expenditure - Increase capital to replace wrecked Police Interceptor Expenditure - Increase capital to replace wrecked Crown Victoria (1/17/18) Expenditure - Increase capital to replace front-end loader in Forestry New Items Not Previously Approved by Council Net adjustment required to the ending fund balance FUND 510 13,196 (13,196) 34,303 (36,303) (37,728) (176,600) $ (216,328) CITY OF BREMERTON 2018 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31, 2018 Budget Ad i ustments: Items Previousl` _Ap ]roved b� Council Expenditure - Increase personnel for Wage and Class adjustment Net adjustment required to the ending fund balance FUND 511 22,100 $ 22,100 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2018 2018 2018 REVENUES Taxes Property $ - $ - $ _ Sales Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,481,224 1,481,224 - Fines and Forfeitures - - - Miscellaneous 1,500 1,500 - Transfers in - - - Total Revenues 1,482,724 1,482,724 - EXPENDITURES Personnel Expenses 777,150 799,250 22,100 Supplies, Services, and Taxes 683,643 683,643 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,460,793 1,482,893 22,100 CHANGES IN FUND BALANCE Net change in working capital 21,931 (169) (22,100) Fund Balances -beginning working capital 205,612 288,880 83,268 Fund Balances -ending working capital $ 227,543 $ 288,711 $ 61,168 Budget Ad i ustments: Items Previousl` _Ap ]roved b� Council Expenditure - Increase personnel for Wage and Class adjustment Net adjustment required to the ending fund balance FUND 511 22,100 $ 22,100 Memorandum To: City Council Mayor Greg Wheeler From: Caroline Tompson, Budget Analyst Re: 2018 Mid -Year Budget Amendment, Ordinance No. 5348 Date: June 13, 2018 The City adopted the 2018 budget by Ordinance No. 5341 on November 20, 2017. Each year the City assesses its current fiscal year budget and addresses any needed adjustments that have come to the attention of the staff in Financial Services. Adjustments for both revenue and expenditures are brought forward for the following reasons: to adjust the estimated beginning fund balances to actual, to account for subsequent unanticipated/unexpected conditions, to account for previously approved projects that were underway in 2017 that were not concluded and require carryover expenditure authority, to reallocate revenue and expenditure line items within budget control categories with zero net increase, and to formally account for various council motions/resolutions previously approved to date during 2018. Enclosed is the mid -year budget amendment ordinance and detailed supporting schedules. Noteworthy items not previously approved by Council, and/or are significant, are as follows: General Fund • The actual beginning fund balance was higher than anticipated by $2,525,907. The additional reserves came from $761,863 in additional revenue and a $1,764,044 savings in expenditures throughout all departments within the General Fund; of which $297,100 was carried forward with this budget amendment. • In addition to carryover and previously approved projects, the General Facilities budget includes an appropriation of $131,500 to add a building humidifier in the Naval Museum. Revenue for this project was received in 2017 with no match anticipated. • The DCD budget includes an increase in revenue and expenditures in the amount of $75,000 for the Harrison/Eastside Employment Center Project. The first phase of this project is 100% funded by the grant and will prepare an economic analysis of the area. • Changes in personnel include an Engineering Technician previously approved by Council with a zero budget increase due to vacancies within the department. Finance is requesting a Contracts Administrator position with hire date of September 1, 2018, $41,100. Legal has requested additional hours for part-time extra help and the Parks Department is requesting two seasonal laborers. Both Legal and Parks will absorb the cost for these positions within their existing personnel budgets. The total General Fund increase in personnel of $41,100 is offset by charges for services revenue from the Parking Fund ($20,550) and the General Fund Overhead Cost Allocation ($8,220); for net cost of $12,330. • The 2018 Non -Departmental budget included $421,000 for set -a -side labor. From that amount, the following was reallocated to departments within the General Fund, with the remaining $104,197 going back to fund balance. o Police and Fire medical expenses which were higher than anticipated - $89,200 o Costs associated with the BPMA Bargaining Agreement - $79,603 o Wage and Classification Study adjustments - $148,000. Other Funds • A $783,727 transfer -out from the Street Fund is included with this amendment to move the remaining car tab revenue to the Residential Street Fund. • As previously mentioned, the Parking Fund includes $20,550 in charges for services payable to the General Fund for 50% of the personnel cost associated with the Contract Administrator position. This new position will manage the parking program under the direction of Financial Services. • Both the Washington Avenue and the Self Insurance Health and Welfare Reserve Funds have fund balances that are carried forward due to the timing of the final transactions associated with these funds. Financial services will close both these funds in 2018. • The Utility Operations Funds for Water, Wastewater and Stormwater include additional transfers - out to the Water, Wastewater and Stormwater Capital Funds. Per the City's Financial Goals and Policies, a 12% budgeted ending fund balance remains in operations. The excess reserves are dedicated for major maintenance and capital improvements. • The Risk Management Fund includes an additional $240,000 in expenditure appropriations due to unforeseen and unexpected medical and litigation expenses. • With fuel costs on the rise, an additional $60,000 is budgeted in the ERR Operations Fund. Budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures of the various City funds and departments. The attached ordinance and supporting schedules (by fund) include adjustments by budget control category for both revenues and expenditures with a City-wide appropriation, including fund balance, of $172,594,547. 2 AGENDA BILL CITY OF BREMERTON 7A CITY COUNCIL SUBJECT: Public Hearing and Resolution Study Session Date: June 13, 2018 No. 3309 to adopt the Six -Year COUNCIL MEETING Date: June 20, 2018 Transportation Improvement Plan for Department: PW&U 2019-2024 Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The Six -Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation. This TIP is consistent with Bremerton's Comprehensive and Non -Motorized Transportation Plans, and Street CIP. ATTACHMENTS: 1) Resolution No. 3309; 2) 2019 — 2024 Six -Year TIP Project List FISCAL IMPACTS (Include Budgeted Amount): Annual adoption of a six-year TIP is required by State law, and is necessary to receive certain State and Federal Transportation funds. The TIP includes $264,880,117 in projects over the 6 -year planning period. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3309, which approves the City's 2019 — 2024 Six -Year Transportation Improvement Plan, and allow the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 RESOLUTION NO. 3309 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2019 — 2024 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5:30 p.m. on June 20, 2018 to consider public testimony on the City's proposed 2019 - 2024 Six Year Transportation Improvement Plan and, having considered public testimony to the Plan and in accordance with the provisions of RCW 47.80; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The 2019 through 2024 Six Year Transportation Improvement Plan, set forth in Exhibit "A" attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2018. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney R:\Legal\Legal\Resolutions\Public Works\2008 Resolution for TIP.doc Eric Younger, Council President ATTEST: MIKE RILEY, Interim City Clerk Six Year Transportation Plan 2019-2024 TIP Major Revisions from the 2018 — 2023 Transportation Improvement Plan include the following: • Revised Format to Separate Residential Streets from Transportation Capital to match CIP and budget • Revised ADA Sidewalk Improvements Project into separate projects to match CIP and budget; separated between Residential and Transportation Capital, and between Abatement and ADA Improvements • Separated Major Maintenance from Preservation, and added definition of work • Added a variety of non -Capital Items included in the Street CIP to better align the CIP and TIP, including: o Traffic Calming o Sidewalk Abatement o Office Supplies o Hot Applied Markings o Staff labor o Refurbishing 30 Street Lights o Gateway Landscaping Materials o Replacing Trash Cans and Refurbishing Benches o Convert PSNS Main Entrance Island to Grass o Streets Electrical Cabinet Replacement Program o Install Yellow -Flashing lights on left turns city-wide o Signal System Upgrades • New Projects and Major Revisions to Existing Projects, include: o Sidewalk Construction with PSE Power Pole Relocation; previously property purchase item o Traffic Model Development/Corridor Capacity o Non -motorized Circulation Plan; Define Major Corridors 0 2007 Non -motorized Transportation Plan Implementation o Traffic Signal Management/Optimization Plan o Wayfinding Signage o Downtown Bicycle Facilities 0 6th Street Preservation, Warren to Pacific o Naval Avenue Road Diet — Revised to PE/ROW from Construction to Match Bike -Ped Application o Washington Avenue and 111h Street Reconstruction — broken into two projects and costs revised to match funding o Washington Avenue Lower Sidewalk o SR -303 Corridor Planning Study added to match planning grant o Added School Zone Feedback Signs to match Grant Application o Mountain View Middle School SRTS o Warren Avenue Bridge Reconfiguration for Bike/Ped — revised timing for future Legislative Request o Street Light Illumination on Signal Stanchions o ITS Adaptive Signals on SR304 (2018 FLAP Application) o Intersection Improvements; 15th/Corbett o SR3/16 Study Implementation — Sherman Hts, Sam Christopherson, SR304, etc., scope from final study MN .N. . ... 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U p LU LU v W cn Ll AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance Study Session Date: No. 5349 to amend Bremerton Municipal COUNCIL MEETING Date: Code Chapter 3.78 entitled "Multifamily Department: Property Tax Exemption" Presenter: Phone: 6/13/18 6/20/18 DCD Kelli Lambert (360) 473-5245 SUMMARY: At the request of Mayor Wheeler, the following amendments are proposed to the Terms of the Multifamily Property Tax Exemption (MFTE) program (BMC 3.78.) 1) Discontinue the eight (8) Year MFTE 2) Require affordable units for the 12 -year MFTE to be affordable to Low Income households only (current program allows low and moderate income households to qualify), with a revised formula to calculate Low Income as those earning 60 percent of Area Median Income (AMI) — see Attachment A 3) Add requirements regarding tenant displacement • Mandatory 12 month notification to current tenants • Relocation costs paid to low income households 4) Clarification of requirements for affordable units to be distributed proportionally across the unit types available. Mayor Wheeler requests that the City Council hold a public hearing on June 20, 2018 and gather public testimony on the proposed amendments. The City Council will then determine if it is appropriate to act on the amendments, modify the proposed amendments, and/or establish a schedule for review and adoption of changes to the MFTE program as necessary. ATTACHMENTS: 1) Ordinance No. 5349 2) Attachment A, Affordable Rent Calculations 3) Supplemental Information Added 4) Citizen Letters Added FISCAL IMPACTS (Include Budgeted Amount): The MFTE program is currently in place and the amendments are not likely to affect the fiscal impacts of the city. STUDY SESSION AGENDA: ❑ Limited Presentation x❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: It is recommended that the City Council conduct a public hearing on June 20, 2018 to gather input on the proposed changes to the MFTE program. The City Council will determine a future date, if any, for adoption of changes to the MFTE program. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5349 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain provisions of Chapter 3.78 of the Bremerton Municipal Code related to the terms and eligibility requirements, eliminating the eight (8) year exemption, and changing the project eligibility requirements for the twelve (12) year exemption to provide housing affordable to low income households and relocation assistance. WHEREAS, exemptions from ad valorem property taxes for multifamily housing encourage increased residential opportunities within designated residential targeted areas, stimulate new construction and rehabilitation of existing buildings, assist in directing future population growth and helps to achieve development densities which are more conducive to transit use in designated residential targeted areas; and WHEREAS, on October 4, 2006, the City Council of the City of Bremerton, Washington, passed Ordinance No. 4968 adopting Chapter 3.78 of the Bremerton Municipal Code ("BMC") establishing exemptions from ad valorem property taxation for new multifamily housing in designated residential targeted areas of the City and established a residential targeted area for the multifamily property tax exemption within the Downtown Regional Center; and WHEREAS, on April 9, 2007, the State Legislature passed House Bill 1910 amending Chapter 84.14 RCW relating to multifamily tax exemptions; and WHEREAS, on December 19, 2007, the City Council passed Ordinance No. 5036 amending Chapter 3.78 BMC to be consistent with House Bill 1910, and expanded and added additional residential targeted areas; and WHEREAS, on March 3, 2010, the City Council passed Ordinance No. 5105 amending Chapter 3.78 BMC to further expand the Downtown Regional Center Residential Target Area; and WHEREAS, on December 19, 2012, the City Council passed Ordinance No. 5202 amending Chapter 3.78 BMC to include three parcels located at 1008, 1016, and 1018 Burwell Street into the Downtown Regional Center; and WHEREAS, on November 5, 2014, the City Council passed Ordinance No. 5260 amending Chapter 3.78 BMC to include all of the newly expanded Downtown Regional Center in the boundaries of the residential targeted area for multifamily tax exemption; and WHEREAS, on May 18, 2016, the City Council passed Ordinance No. 5302 amending Chapter 3.78 BMC to expand the residential targeted area for the multifamily tax exemption to include all of the City of Bremerton urban centers (as designated in the City's comprehensive plan); and 1 Multifamily Property Tax Exemption Amendments - 2018 WHEREAS, the City desires to encourage the development of affordable multifamily housing units which is supported by the City's Comprehensive Plan's Housing goals and policies; and WHEREAS, the proposed revisions eliminate the eight (8) year exemption, removes the moderate income allowance for the twelve (12) year exemption, amends the definition of low-income housing, amends language relating to tenant displacement, and makes other related changes, in order to focus on the low income households; and WHEREAS, the proposed revisions to the requirements for the multifamily property tax exemption are allowed per Chapter 84.14 RCW; and WHEREAS, on June 7, 2018, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on June 20, 2018, the City Council conducted a public hearing and considered all testimony; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Recitals. The recitals set forth above are hereby adopted and incorporated as set forth herein in full. SECTION2. BMC 3.78.010 Amended. Section 3.78.010 of the Bremerton Municipal Code entitled "Purpose" is hereby amended to read as follows: 3.78.010 PURPOSE As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (a) Encourage affordable residential opportunities, ifte tidi g ag,,,.,aable hetising , within areas of the City designated by the City Council as residential targeted areas; and/or (b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (c) Assist in directing future population growth to designated residential targeted areas, thereby reducing development pressure on single-family residential neighborhoods; and (d) Achieve development densities which are more conducive to transit use in designated residential targeted areas. SECTION 3. BMC 3.78.020 Amended. Section 3.78.020 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: Multifamily Property Tax Exemption Amendments - 2018 3.78.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (a) "Affordable housing" means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty (30) percent of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low- or moderate-income households. (b) "Building codes" means the City and state building and fire codes as set forth in Chapters 17.04, 18.02 and 18.03 BMC. (c) "City" means the City of Bremerton. (d) "Department" means the City Department of Community Development. (e) "Director" means the Director of the Department of Community Development, or designee. (f) "High-cost area" means a county where the third quarter median house price for the previous year as reported by the Washington Center for Real Estate Research at Washington State University is equal to or greater than one hundred thirty (130) percent of the statewide median house price published during the same time period. (g) "Household" means a single person, family, or unrelated persons living together. (h) "Low-income household" means_ 1) For applications filed on or after July 22, 2007 M through and including 2018, a single person, family, or unrelated persons living together whose adjusted income is at or below eighty (80) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development.-lF—r e-ities-leeated in high est areas, "low ince fnedian family ineeme, adjttsted f9r- family size, for- the eeffnt-y where t4e pr-qjeet is leea4ed. 2) For applications on or after , 2018 low-income household means a single person, family, or unrelated persons living together whose adjusted income is at or below sixly (60) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. (i) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than eighty (80) percent but is at or below one hundred fifteen (115) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. For cities located in high-cost areas, "moderate-income household" means a household that has an income that is more than one hundred (100) percent, but at or below one hundred fifty (150) percent, of the median family income adjusted for family size, for the county where the project is located. 0) "Multifamily housing" means a building having ten (10) or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. 3 Multifamily Property Tax Exemption Amendments - 2018 (k) "Multifamily property tax exemption" means an exemption from ad valorem property taxation for multifamily housing. (1) "Owner" means the property owner of record. (m) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner -occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. (n) "Rehabilitation improvements" means modifications to existing structures that are vacant for twelve (12) months or longer that are made to achieve a condition of substantial compliance with existing building, fire, and zoning codes, or modification to existing occupied structures which increase the number of multifamily housing units. (o) "Residential targeted area," also "residential target area," means the geographic area located within the areas set forth in Figures 3.78(a) through 3.78(g). (p) "Substantial compliance" means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction. SECTION 4. BMC 3.78.040 Amended. Section 3.78.040 of the Bremerton Municipal Code entitled "Terms of the Tax Exemption" is hereby amended to read as follows: 3.78.040 TERMS OF THE TAX EXEMPTION. (a) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: "eft or- whieh-cippricutf6irsfor- c2Ftirrcfft2s-ortax eX2iiiFtf6a eligibility are s4mit4ed der- stieeessive years beginning ja*ttar-y ist of t4e year- immedia4ely f9liewing t4e ealendar- year- e r"sramicc-v=4ue-eet44ifiea4e; and (21) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter on or after July 22, 2007 up through and including 2018, the value is exempt: (i) For eight (8) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; or (ii) For twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection 3.78.040(a)(21)(ii). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low and moderate -income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the local government under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection (a)(2)(ii) may be satisfied solely through housing affordable to moderate -income households. il Multifamily Property Tax Exemption Amendments - 2018 (2) For properties for which applications for certificates of tax exemption eli _ ig bility are submitted under this chapter on or after 2018, the value is exempt if it meets the following requirements: (i) For twelve (12) successive years beginning January 1st of theme immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection 3.78.040(a)(2)(i). For the propelly to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty_(20) percent of the multifamily housing units as affordable housing units to low income households, and the property must satisfy that commitment and any additional affordability and income eli _ ig bility conditions adopted by the local government under this chapter, and (ii) Low-income household units shall be dispersed throughout the development and be apportioned among all unit types (ie. studio, single bedroom, double bedroom etc.) based on the number of each unit type to the extent feasible. (b) Limits on Exemption. The exemption does not apply: (1) To the value of land or to the value of nonhousing -related improvements not qualifying under this chapter. (2) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (3) To increases in assessed valuation made by the Kitsap County Assessor on nonqualifying portions of building or other improvements and value of land nor to increases made by lawful order of a County board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the County or specific area of the County to achieve the uniformity of assessment or appraisal required by law. (c) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. SECTION 5. BMC 3.78.050 Amended. Section 3.78.050 of the Bremerton Municipal Code entitled "Project Eligibility" is hereby amended to read as follows: 3.78.050 PROJECT ELIGIBILITY. A proposed multifamily housing project must meet the following requirements for consideration for a property tax exemption: (a) Location. The project must be located within a residential targeted area as defined in BMC 3.78.020 and as set forth in Figures 3.78(a) through 3.78(g). (b) Tenant Displacement Dr ed. The r eet f ,s* not displaee existing cempar-able-gig ter-elee-fte— Notification to displaced households and assistance for displaced low-income households shall be provided as follows: (1) General Notification. The applicant shall provide each displaced household at least 12 -month's moving notice, unless mutually agreed otherwise by household and applicant. 5 Multifamily Property Tax Exemption Amendments - 2018 (2) Relocation Assistance. Low Income Households shall be provided the following: (i) Assistance in securing housing of comparable size, quality, and price which meets the Housing and Urban Development's Uniform Physical Condition Standards or a similar standard acceptable to the City, and (ii) First and last month expenses at the new housing location as defined above, and moving and relocating expenses as defined by the Department of Transportation Fixed Residential Moving Costs Schedule. (c) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable State or City building codes. (d) Size of Project. The new, converted, or rehabilitated multiple -unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple -unit housing, must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban development. In the case of existing multifamily housing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units. (e) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (f) Compliance with Guidelines and Standards. The project must be designed to comply with the City's Comprehensive Plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. SECTION 6. BMC 3.78.070 Amended. Section 3.78.070 of the Bremerton Municipal Code entitled "Issuance of Final Certificate" is hereby amended to read as follows: 3.78.070 APPLICATION FOR CONDITIONAL CERTIFICATE. The Director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. (a) Application. The Director may approve the application if he/she finds that: (1) A minimum often (10) new units are being constructed or in the case of occupied rehabilitation or conversion within twelve (12) months of occupancy, a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional multifamily units are being developed. (2) The proposed project is or will be, at the time of completion, in conformance with all applicable local plans and regulations. (3) The owner has complied with all standards and guidelines adopted by the City under this chapter. (4) The site is located in the residential targeted area. Multifamily Property Tax Exemption Amendments - 2018 (5) if applieable,41+eThe proposed multiunit housing project meets the affordable housing requirements as described in BMC 3.78.040. (b) Approval of Application. If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of implementation of the project, and the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chapter. (c) Denial of Application. If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten (10) calendar days of the denial. (d) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the City Council will be based on the record made before the Director. The Director's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision. The City Council's decision on appeal will be final. SECTION 7. BMC 3.78.110 Amended. Section 3.78.110 of the Bremerton Municipal Code entitled "Annual compliance Review" is hereby amended to read as follows: 3.78.110 ANNUAL COMPLIANCE REVIEW. (a) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the Director indicating the following: (1) A statement of occupancy and vacancy of the multifamily units during the previous twelve (12) months; (2) A certification by the owner that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in RCW84.14.020 since the date of the certificate approved by the City; (3) A description of changes or improvements constructed after issuance of the certificate of tax exemption; and (4) Any information needed by the City to file its report pursuant to subsection (b) of this section and any additional information requested by the City in regards to the units receiving a tax exemption. (b) The City shall report annually by December 31st of each year, beginning in 2007, to the Department of Commerce. The report must include the following information: (1) The number of tax exemption certificates granted; (2) The total number and type of units produced or to be produced; (3) The number and type of units produced or to be produced meeting affordable housing requirements; (4) The actual development cost of each unit produced; (5) The total monthly rent or total sale amount of each unit produced; 7 Multifamily Property Tax Exemption Amendments - 2018 (6) The income of each renter household at the time of initial occupancy and the income of each initial purchaser of owner -occupied units at the time of purchase for each of the units receiving a tax exemption and a summary of these figures for the City; and (7) The value of the tax exemption for each project receiving a tax exemption and the total value of tax exemptions granted. (c) City staff may also conduct on-site verification of the declaration. Failure to submit the annual declaration shall result in a review of the exemption per RCW 84.14.110. SECTION 8. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 9. E_ifective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 2018. ERIC YOUNGER, Council President Approved this day of , 2018. GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: City Clerk PUBLISHED the EFFECTIVE the ORDINANCE NO. ROGER A. LUBOVICH, City Attorney day of )2018. day of 2018. R:\Legal\Legal\Ordinances\Community Development\Multifamily Property Tax Exemption Amendment) - 2018.doc Multifamily Property Tax Exemption Amendments - 2018 ATTACHMENT A Table 1 below shows the 2018 HUD income guidelines for the Bremerton -Silverdale Municipal Service Area (MSA) which includes all of Kitsap County: Table 1. HUD Income Levels for the Bremerton -Silverdale MSA Table 2. Monthly Housing Costs* for Low and Moderate Income 1 Person 2 Person 3 Person 4 Person Area Median Income (AMI) $51,800 $59,200 $66,600 $82,600 Moderate = 115% of AMI $59,570 $68,080 $76,590 $94,900 Low = 80% of AMI $46,300 $52,900 $59,500 $66,100 2016 Census data (the most current available specifically for Bremerton) indicates that Bremerton's median income is about 73% of the median income of Kitsap: Bremerton $47,358 vs. Kitsap County $65,017. The State Law requires that we use the HUD income guidelines for the Bremerton -Silverdale MSA. The RCW also has provisions in 84.14.040(6) that allow the City to adopt more stringent income eligibility, rent or sales price limits, as long as the basis is the AMI. It is desirable at this time to modify the City's program to institute these more stringent eligibility requirements. Staff has calculated that a low income rate for Bremerton would be 60% of the Bremerton -Silverdale AMI. The table above shows that under the current MFTE program, the monthly rent for a one-person household can range from $1,157 to $1,664 (the housing allowance for households at 80% to 115% AMI). Table 2. Monthly Housing Costs* for Low and Moderate Income CURRENT MFTE PROGRAM LU W 1 Person 2 Person 3 Person 4 Person N Z Z Area Median Income (AMI) $1,447 $1,653 $1,859 $2,065 H N Median Income (AMI) $1,447 $1,653 $1,859 $2,065 X Moderate = 115% of AMI $1,664 $1,901 $2,138 $2,375 W a Low = 80% of AMI $1,157 $1,322 $1,487 $1,652 *Housing Costs = 30% or less of household income, not including utility costs The table above shows that under the current MFTE program, the monthly rent for a one-person household can range from $1,157 to $1,664 (the housing allowance for households at 80% to 115% AMI). The table above shows that under the revised proposal for the MFTE program, the monthly rent for a one-person household will be limited to $868 (the housing allowance for households at 60% of AMI). Table 3. Monthly Housing Costs* for Low Income PROPOSED MFTE PROGRAM LU W 1 Person 2 Person 3 Person 4 Person N OArea Median Income (AMI) $1,447 $1,653 $1,859 $2,065 GC a Low =60%of AMI $868 $992 $1,115 $1,239 *Housing Costs = 30% or less of household income, not including utility costs The table above shows that under the revised proposal for the MFTE program, the monthly rent for a one-person household will be limited to $868 (the housing allowance for households at 60% of AMI). From: Lori Smith on behalf of City Council Sent: Monday, June 18, 2018 10;55 AM To: City Council Cc: Kelli Lambert; Mike Riley Subject: FW: Response to Requests for Information - MFTE Projects List Attachments: Table Projects Status 062018.pdf Attn: Council Members (FYI) From: Kelli Lambert Sent: Monday, June 18, 2018 8:27 AM To: City Council `City.Council@ci.bremerton.wa.us> Cc: Allison Satter eAllison.Satter@ci.bremerton.wa.us>; Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us> Subject: MFTE Projects List Good morning, Per the request of City Council, I have attached a list of the projects that have submitted for the Multifamily Tax Exemption. The list includes the status of each project (pending, approved, or currently receiving the exemption). Council also requested information related to the tax value for Spyglass Hill and 606 Apartments projects. Mike Riley will be providing that information. Best, KeU,i. La,w�her!- Planner City of Bremerton 1 345 611, Street 6 Bremerton, WA 98337 Physical Location: Suite 600 1 Mailing: Suite 100 (360) 473-5215 Kelli.LambertL BremertonWA.9av MULTIFAMILY TAX EXEMPTIONS PROJECT MFTE PERIOD DATE OF APPLICATION STATUS UNIT COUNT VICINITY 606 Apartments 12 5/12/2014 Issued: Exempt through 2027 71 �.. Downtown Spyglass Hill 8 10/27/2014 Issued: Exempt through 2025 73 Downtown Evergreen/Rebekah's Pointe 12 3,15/2014 Approval Pending Permit Issuance 109 Evergreen Park vicinity Sound West Quincy Square 8 6/15/2017 Approval Pending Permit Issuance 27 Downtown OneBuild Burwell 8 9/11/2017 Approval Pending Permit Issuance 56 Downtown The Sage Apartments 12 5/19/2017 Approval Pending Permit Issuance 29 East Bremerton Water Wind & Sky 8 10/18/2017 Approval Pending Permit Issuance 111 East Bremerton Bay Vista Apartments 8 10/23/2017 Approval Pending Permit Issuance 216 Bay Vista Subarea Bay Bawl Apartments 8 6/12/2018 Pending 186 East Bremerton Eagles Hi Rise 8 6/12/2018 Pending 224 Downtown Marina Square 8 6/13/2018 Pending 11.3 Downtown POTENTIAL FUTURE PROJECTS Campbell Way Apartments 16 East Bremerton Broadmoor Commons "70 East Bremerton Mill's Apartments 82 East Bremerton Soil Factory Redevelopment 200 East Bremerton Riddell/Almira Development 395 East Bremerton From: Team Coordinator To: City Council Subject: 6th and Washington Ave Proposed Apartments Date: Friday, June 1, 2018 11:12:31 AM Hello Councilman, I am writing to you today to express my fears about the proposed apartment project on 6th and Washington Ave. As a resident of this neighborhood my family and I have watched it change and grow over the years. I am not against growth or changes in Bremerton but I would like to see them done in a tasteful way that doesn't destroy the beauty and sense of community that we have worked so hard to build. I don't think it's fair that these developers are immune to the rules that everyone else has to follow and are given major liberties like tax breaks and no height restrictions when the rest of us are then punished and end up making up the difference. I think this building should be built to scale of the current area. I also think that that without the development of a grocery store and other similar facilities that the proposed lack of parking is going to be a major issue. The building may suffer a major lack of residents if these amenities are not provided and that will lead to other problems. I feel on many of these development issues that the public is in the dark. I have been hit hard and fast three times on major issues in my neighborhood over the past few years that have affected how my family and I live and enjoy our space. It has caused me to feel very betrayed. I am sure you have heard from many people on this issue but I hope you will hear me and help this neighborhood avoid this eyesore. Please stand up for our community and develop a project that we can all be proud of. Thank you, .Megan Buckman From: Garrett Nobbs To: Ryan Crater Cc: City Council; Leslie Dauas Subject: Eagles Tower Project BP12 00043 Date: Wednesday, June 6, 2018 12:55:08 PM Mr Crater, I am writing to express my concern at the proposed Eagles Tower project and the Downtown Subarea Plan in general. It is my understanding that this plan was enacted over ten years ago, in a very different economic climate. If there was any window for public comment on that plan, it was clearly insufficiently advertised, as prior to learning of this current project, the high height restrictions for the downtown core were unknown to the majority of residents I know who have lived here since prior to 2007. Along the waterfront, a 175 -foot height restriction in the Downtown Waterfront zone, combined with "Market -Driven" height limit in Downtown Core (in other words, no restriction whatsoever), have the potential to create a canyonland of Washington Avenue, leaving much of the surrounding neighborhood in day -long shadow. In regard to zoning provisions as they currently stand, one of the stated purposes of the Subarea Plan for the Downton Core is to "[a]llow taller buildings with required spacing and bulk controls to lessen environmental impacts such as overshadowing and wind down drafts." The proposed Eagles Tower project would occupy multiple lots to fill the entire block fronting Washington Avenue between 5th and 6th streets. Overshadowing would be maximal. There is no other building in the vicinity to match the scale of this tower. It would be so massive as to stand against the mountains as one approaches on the ferry. I absolutely understand that to avoid sprawl at our outskirts, we must have more density downtown. And I absolutely understand the need for additional housing in an area without enough of it to meet demand. However, the height restrictions in the Downtown Waterfront and Downtown Core zones, particularly the "Market -Driven" non -restriction of the latter, need to be revisited with proper public input, which if ever sought, was sought over ten years ago without the public ever sufficiently knowing that their input was requested. The height restrictions in those zones have the potential to allow Bremerton to look more like Bellevue, and lose its neighborhood character that remains a big part of the reason that many choose to live here, rather than in a Seattle suburb. Massive towers of luxury apartments and condominiums built only to be close to the ferry and maximize on our views, robbing them from the public to rent them out for a premium, do not help Bremertonians, and they do not help provide affordable housing. Sensible height restrictions are needed, and they need actual public input, rather than whatever token public input was sought over a decade ago. Thank you, Garrett Nobbs Resident, District 2 From: City Council Sent: Wednesday, June 6, 2018 12;09 PM To: City Council Subject: Fwd: Comment Regarding A Proposed Moratorium on 8 -Year MFTE Attachments: imageOOI.png; ATT00001.htm; MFTE Itr.pdf; ATT00002.htm Attn: Council Members (FYI) Begin forwarded message: From: Sharon Adams <sharon soundwest roup.com> Date: June 6, 2018 at 12:03:34 PM PDT To: "cit .council ci.bremerLOn.wa.us" <cit .council ci.bremerton.wa.us>, "Greg Wheeler" <Gre ,Wheeler ci.brernerton.wa.us> Cc: "cart'@carvbozeman.com." cca car bozeman.coma, Jim Rothlin ¢'imryr'tofbremerton.org>, "Axel Strakeljahn (axels ortofbremertomor )" raxels@oortofbremerton.org>, Steve Rice <SRice@rfmarch.coma, "Charles Henderson'' echuckbasil mail.com>, Wes Larson <wes(Tsoundwestgroup.coma, "Mike Brown" <Mike soundwest rou .coma Subject: Comment Regarding A Proposed Moratorium on 8 -Year MFTE Dear All: Please see attached letter. Please do not hesitate to contact us if you have any questions or would like further information. Thank you. Best, Sharon Adams Executive Assistant 1 Investor Relations 1 Paralegal 0' 360-850-43981 F: 36o-850-1054 Nvw— .soundwestgroup.com ,r. SOUND I'ST C,Iii_IUP .. ., Dear Councilmembers It has come to our attention that the City Council is considering a moratorium on the 8 -year Multifamily Tax Exemption (MFTE) for the City of Bremerton. As you know, Sound West Group has been proposing a new multifamily development on the waterfront property recently purchased from the Port of Bremerton. This project, and other multifamily projects throughout the downtown as well as in East Bremerton (SWG just last week had a discussion regarding a prospective development in the vicinity of the Harrison Hospital) will likely not go forward without this important incentive. First, it is important to note the MFTE does not provide a tax break on the underlying land, which continues to be taxed; rather it provides a temporary tax exemption on the value of the improvements constructed by the developer. Once this exemption expires, the improvements go onto the tax role, and remain for the life of the building. As you know, development of multifamily apartments ground to a halt in the 1990s, and few new units were produced. In no small part, due to the MFTE program, there has been a small resurgence of housing development in recent years. Spyglass Hill and Fourth Street ("Quincy Square") would not have been financed or constructed without it. While the 8 year MFTE does not require the developer to build additional affordable housing (as does the 12 year MFTE), it does reduce annual operating expenses by the amount of the property tax, which allows a project to be a little more profitable at the outset, where otherwise it may not be. This amounts to a "head start" and helps level the playing field and offset risk for the local developer who otherwise faces the same construction costs as in Seattle; and, moreover is now trying to offset rising construction material costs (approximately 10% alone over the past year). Rents in Bremerton, while rising, are still, however, at 112 to 213 of Seattle levels, and inflation in material costs are now outpacing rents. The MFTE benefit also helps lenders rationalize lending to a project in Bremerton, and investors to invest. Admittedly, there is a growing demand for affordable housing in Bremerton. The City, however, needs all kinds of housing- affordable and low income, as well as housing for our middle-class workforce, families, and seniors. We are building much needed housing for Kitsap, and in that regard, one of the myths I will debunk here is that we are building "high end" housing for Seattleites. That is simply not true! 423 No ric A� Qnue. Suite 402 W w M Souiidwesrcroup.coni Phnnc: (360M.3-3813 Bremerton, WA 983;7 Fax: (.360)850-1054 tiOUNI) %N I_Y1't.rR0UP Over 39 percent of our residents at Spyglass Hill, for example, are Shipyard workers, active duty military or DOD employees. Over 98 percent of our tenant base are from Kitsap County. This quality of multifamily housing is meeting a real demand for our Kitsap County residents-- a demand that has been grossly under -served. We are getting strong demand, for example from Shipyard contract workers for extended stay units (several of those are leased on Spyglass, and more will be leased on Fourth Street/Quincy Square, and on Marina Square as well, if we are able to build that project). By the way, these "extended stay" workers are currently using hotels, and in turn robbing valuable space from the conference center, which otherwise would be able to hold many more conferences. The housing being incentivized by the MFTE is also bringing life back to our long vacant streets and people who shop for goods, services, and frequent our theaters, restaurants, galleries and bars. We have done the analysis, and rents will simply not sustain a 12 -year program in the City of Bremerton (in Seattle, in contrast, the "affordable level rents" practically equate to our "market rents"). We can speak from experience because we initially tried with this program on both Spyglass and Fourth Street, and rising costs drove us back to the 8 -year MFTE. As a developer we have sought to work with both Housing Kitsap and BHA to develop affordable housing. There are ways to get this done. Doing away with the 8 -year MFTE is not the way to accomplish this. SWG would be happy to meet with the council to explore ways to create more affordable housing, and to be an active partner in that endeavor. The proposed moratorium does nothing to accelerate the construction of new housing, and it would bring to a halt a program that has only started to yield positive results and contribute to our City's revitalization. Building more housing is one way to reduce housing costs. Not building housing- which is the likely result of the moratorium- will achieve nothing. Even a pause in the development process will cause uncertainty with our lender and investors putting our ability to go forward with this project at significant risk. We urge you not to put a moratorium on the 8 -year MFTE. 423 Pacific Avenue. Suitc 402 v►ww.soundwestgroup.com Phone: (360) 913-38 Bremerton, WA 98337 Fay: (360) 850-if154 'Developing Community with Vision and Integrity' Thank you kindly for your consideration. Very Truly Yours, Wes Larson Mike Brown 423 Pacific Avenue. Suite 402 www.soundwestgroup.com Phone: (360) 813-3813 Bremerton, WA 98337 Fax: (360) 850-1054 From: Lori Smith on behalf of City Council Sent: Tuesday, June 12, 2018 4:50 PM To: 'Leif Bentsen' Cc: City Council Subject: RE: Citizen Letter - Supports Moratorium on Development in Downtown Core (Leif Bentsen) Attachments: Why I love Bremerton.docx Mr. Bentsen, This is to acknowledge that a copy of your e-mail (with the attached letter and the article from the link below) was received, and will be shared with the City Council Members for their review. A copy will also be included as a part of the record when this subject matter is discussed. Legislative Assistant Bremerton City Council (360) 473-5280 City.CouncilCcDCi.bremerton.wa.us www.BremertonWA.gov From: Leif Bentsen[mailt❑:l.a.bentsen@comcast.net] Sent: Monday, June 11, 2018 9:46 PM To: Greg Wheeler Greg.Wheeler@ci.bremerton.wa.us7 Cc: Andrea Spencer [Andrea.Spencer@ci.bremerton.wa.us>; Ryan Crater eRyan.Crater@ci.bremerton.wa.us>, City Council City.Council@ci.bremerton.wa.us> Subject: Moratorium on Development in downtown core? Mr. Mayor, I support your efforts for a moratorium in the downtown core. As you can see by the linked article, several towns in the Puget Sound area have established moratoriums: hti.ps://crosscut.com/X01 05 slow- owth- some -was hin tori-cities-halt-develo _ ment I also believe: we need to refocus on what downtown is not — and that's a business district. "The downtown core is a high-intensity office and employment center and primary hub for business, communications, office and hotels. " -Bremerton sub area plan High intensity, and primary hub?! 'i'he core may look like a downtown, but behaviorally it is a residential neighborhood. 1 The US Postal carrier route 002 closely mirrors the downtown core (South of 6' street; west from Washington to Chester). That route has 480 residential addresses as compared to 200 businesses. With many of those business addresses being empty= at street level and above. I attended my first Kitsap Economic Development Conference in 1992, where the topic was economic diversity. We're still striving to find that economic diversity. It ain't gonna happen. Bremerton will not be what it was in the. 1940s and 50s. As I stated above, now is the time to step back, change the focus to where the primary goal is more mixed housing with the secondary goal of commercial development without destroying the existing character of downtown. Not with 22 story apartment buildings, but with buildings with reasonable heights and commercial areas as outlined in other parts of the comprehensive plan. My wife and I moved to downtown after living 25 years in a couple of idyllic homes in NK. One of the major influences of our choosing downtown Bremerton was its current character. bet's not destroy that character. Sincerely yours, Leif Bentsen 400 Washington Avenue, Unit 103 Bremerton 360.981.7026 P.S. I've attached a piece that I wrote for the SUN'S annual visitor's guide should you be interested. 2 Why I love Bremerton? Raffish charm. Orcas, ferries, and the occasional aircraft carrier gliding by our windows. Purpled haired youngsters and grannies scooting by our front door on Washington Avenue, heading to the ferry. A downtown that is still wanderable, the sky not blotted out by tall buildings. Harborside Fountains Park steaming uptown from Dyes Inlet. The Puget Sound Naval Shipyard muscling up against us, its memorial park dedicated to past and present workers. The ferry, with soft velvet toots — one long, two short — gently slipping into the dock. Passengers unloading, to be grasped in the arms of loved ones or into the folding doors of buses, continuing on their journey. The conference center plaza overlooking the marina, fountains pulsating in perfect sync, backed by sailboat gear clinking on masts. The narrow streets, some still vacant, the restaurants. Curvy fourth street, one block of trees, hotel, collectables, pole dancing school, future bakery, puppet museum, brewery, history museum, tables for lunch, art gallery, Clothing store, a fisherman hooked by a rod -carrying fish across the street, and the Roxy Theater, The Roxy, abandoned, now in the care of people who want to make it beautiful again. Like Bremerton, raffish, with a great future. POLITICS (/POLITICS) To slow growth, some Washington cities halt development by Kristen M. Clark (lauthorlkristen-m•clark) 1 May 30, 201E Uptown Square Apartments seen reflected in a vacant storefront at the new building development in Federal Woy, May 29, 2018. (Photo by Matt M. M[Knight/CrasscuO A11 that blue didn't go down so well. A few years ago in Issaquah, out-of-state developers built a five -story, 343 -unit apartment complex that was multi -colored — including a bold blue shade. Many in the local community deemed it to be so out of character for what they envisioned for their Eastside city of some 36,000 people that the project helped prompt elected leaders to take emergency action in 2016. A moratorium for certain types of development was imposed in the central part of Issaquah, allowing city officials to halt new construction and give themselves time to recalibrate their design and building standards — particularly to make sure whatever project came next would be something the city would actually want around for dccadcs to come. "it caused [the city council] to go: 'Wait a second. Time out. I don't think we got this right, " recalled Keith Niven, Issaquah's economic development and development services director. Issaquah's is just one example in recent years of a city in the Puget Sound region giving itself such a breather amid the waves of relentless development that have emanated from Seattle's growth. At one point last fall, King County alone had five cities (http://thelens.news/2017/09/20/a- moratoriurn-is-not-the-answer-to-our-housing-affordability-crisis/} — including Issaquah — with a building moratorium in effect to temporarily halt some forms of development for one reason or another. Currently, there are at least a handful of active moratoriums across the Puget Sound region. The moratoriums stretch from Gig Harbor in Pierce County to Granite Falls in central Snohomish County. For the cities that enact such temporary bans on growth, the policies provide a chance to revisit and update local codes and zoning ordinances to make sure future development is in line with a community's vision of itself. But some experts in land -use laws and advocates for builders argue that moratoriums dont come without consequence. They dissuade businesses and developers from investing in a community and increase costs by delaying projects not yet in a city's permitting pipeline. They also, in critics' eyes, carry the potential to be easily abused as a means to mask anti- growth attitudes in communities not accustomed to their new reality in an urbanized region. Under Washington's Growth Management Act, cities can adopt moratoriums only under very narrow circumstances, generally only when something constitutes an emergency likely to cause harm to the community. "The general rule, in the U.S., is that moratoria are CK; they're legal — if reasonable in scope and time" said Charles R. Wolfe, a Seattle land -use lawyer and author who has taught planning law at the University of Washington for 20 years. (Wolfe was previously a contributor to Crosscut (https://crosscut.com/author/chuck-wolfe) from 2009 to 2015, writing under the byline of Chuck Wolfe). Washington state law(http://app.leg.wa.gov/RCW/default.aspx?cite=36.70A.390) limits moratoriums to six months, but they can be renewed in additional six-month increments if local elected leaders determine the emergency still merits one or if further study is required to address the problem. "When there's so much change going on within a given market or submarket, it's an opportunity to say: `Wait a minute, we don't know if we have the regulatory capacity to deal with this: " Wolfe said. "it allows some pause" In rare cases, a moratorium is a necessity, literally That's pretty much the case in rural Granite Falls in Snohomish County, about 13 miles northeast of Everett. City Council members in the town of 3,500 people recently imposed (https://www.heTaidnet.com/news/granite-falls-puts-new-sewer-connections-on-hold/) a six-month moratorium on most new connections to the city's sewer system, because the system itself is almost at capacity. In seeking the council's approval last month, city staff wrote (http://174.127.112.94/getDocumentForViewer/getViewporLFi nal Doculnent.php? cI D=10000122&puKey=7e 99763fdf6e 87348e 553165c5e 537b1&paKey=446a436d8480 d46d33624558d30ae 065&m I D=2604&bl D=146k that the wastewater treatment plant had capacity to serve only 643 more residential units when, as of March, there were already 553 units in the permitting pipeline to be built. The city simply wouldn't have the ability to handle further development at such a pace without increasing its sewer capacity. Cather cities have offered different impacts of growth to justify a moratorium Sammamish cited traffic impacts (https://wi %v.sammamish.us/permits-regulations/permit- center/moratoriurn-on-new-development/) in imposing temporary development restrictions in December. In halting new building permits, the Bainbridge Island City Council in January said rapid development and deforestation were threatening its fresh water aquifers, the Kitsap Sun reported (https: //www. ki tsa psun. c o m /s tory/news/local/communities/bai nbridge - isia nder/2018/ 01/15/bainb ridge- stops -new -b uild in g-projects-six-months/1029023001/ ). For some communities — like Issaquah, Federal Way or Gig Harbor — the moratoriums appear to stern more out of a community desire to maintain the character of once -small, detached suburbs, where many Seattleites are now flocking as they seek a quality of life that's more affordable. Federal Way put the brakes on building more apartment complexes in. June 2016 with a moratorium that officially lasted about a year. Federal Way Mayor Jim Ferrell said the genesis for the emergency measure was the influx of apartment units at such a brisk pace and in such volume that it not only ruffled Iongtime residents but also overburdened local schools,. "This was like a tsunami that was slowly in the making, and before the community really had a chance to absorb this, the next thing you know we had nearly 1,000 units that came online rapidly" Ferrell recalled, Story Continues Below Entrance to uptown Square Apartments in Federal Way, May 29, 2018. (Photo by Matt m. McKnight/Crosscuv One of those projects, Uptown Square Apartments, involved developing an old school - district bus barn into a housing complex with hundreds of units — adjacent to Highway 99 where tens of thousands of cars commute every day. "I think the elected officials and the people at city hall really underestimated the impact" of such development, Ferrell said, As with other cities, Ferrell said Federal Way leaders sought the moratorium to give themselves a chance to modernize city codes and development standards. Without it, developers could continue to file applications with the city under existing regulations until the new ones were approved. "There seemed to be a feeding frenzy, or a perception in the community that this was a runaway situation," Ferrell said. "We were concerned that yet another application would get dropped and that we would essentially lose control over how our city was going to be growing and developing." Although Federal Way's moratorium lifted about a year ago, the city and the Federal Way School District meanwhile pursued a policv decision that has the tangential impact of continuing, at least somewhat, to deter development: school impact fees. At the school district's request, Ferrell said Federal Way city leaders agreed in 2017 to hike the one-time fee on builders to more than $20,000 per multifamily housing unit — an increase of about 700 percent frorn a fee that a couple years prior had been only about $2,900 per unit. Ferrell said the district's schools are "completely over -cap city;' and not only are new schools needed but aging schools need to be rebuilt. (Voters in the Federal Way School District also passed a $450 million bond last year (https://ww-,v-seattletimes.com/seattle- news/education/450-million-school-bond -for-federai-way-schools-reaches-60-percent- approval/) to pay for school construction.) "1 think that [impact fee increase] will likely address the boom in multifamily housing; Ferrell said, but quickly added: "That's certainly not something that it was designed to curb — it was designed to address the infrastructure in case more multifamily housing comes up" Over in Gig Harbor, a recent moratorium on new residential development was justified by the impacts of rapid growth — from traffic congestion to deforestation -- on a once -rural area. ► / We are just obviously continuing to grow at a fast place and �• instituting a building moratorium isn't going to stop that. The growth is coming whether there's a moratorium in place or not." — Allison Butcher The city has had a 30 percent growth rate in the last five years and is already corning close this year to reaching its growth goals for 2030, said Gig Harbor's senior planner Peter Katich. The swift pace of development "has transformed our community from one with lot of open space and one that's undeveloped, to one where almost every parcel is developed or has somebody eyeballing it for development.'" But the emergency measure fulfilled political goals, too. In 2014, several city council members were elected after running on a platform of "no growth" or "slow growth, Katich noted. "A lot of residents have been very supportive of [the moratorium (http://www.the newstribun e.com/news/local/community/gateway/articlel99866659.htmi)] , because of concerns they have expressed and the support they gave to elected officials," he said. "During their campaigning, [the council members] had promoted trying to do what could be done to decrease density. They're now fulfilling some of those campaign pledges, and we're moving forward to try and re-examine all residential development regulations:' It's that kind of underlying motivation for moratoriums that concerns Wolfe, the UW professor, as well as advocate organizations that represent builders, whose industry and livelihood relies on communities'continued growth and development. "If it's applied reasonably or for a limited period of time, it's not a bad idea," Wolfe said. "The problem is when it's applied for political reasons — say council members who are feeling the pressures of NIMBY groups and there's subterfuge going on. Where all the right words are articulated [to legally justify a moratorium], but really, it's just a matter of 'not -in -my - backyard; and that's not good for development" Allison Butcher, senior policy analyst at the Master Builders Association of Icing and Snohomish Counties, urges local elected leaders to avoid moratoriums altogether, because "that's a drastic measure to do" The state's Growth Management Act already requires communities to plan extensively for the future, and cities "legitimately need to keep their codes updated and make sure they have that in line for development to go forward;' Butcher said. "We are just obviously continuing to grow at a fast place and instituting a building moratorium isn't going to stop that. The growth is coming whether there's a moratorium in place or not" Butcher said. "Where we are right now with our housing and affordability crisis, and with our strong demand and population growth, we should be thinking about ways to increase housing and choices.... There's already enough hurdles to adding housing, and we don't need anymore" For Issaquah, a moratorium wasn't about deterring all future growth. The city just wanted the right kind of growth for itself, said Niven, the development director. The construction of the Atlas apartments — with the complex's bold blue paint and its absence of mixed-use space on the ground floor — served as a symbol of what Issaquah did not want in seeking more new development. "People just called it 'Orlando architecture,' because the buildings aren't necessarily remarkable and they really could be built anywhere," Niven said. "Get rid of single -story, 1980s suburban retail and replace it with multi -story, denser projects that will accommodate growth and create a more vibrant part of the city in central Issaquah — that's what [city leaders] wanted, but we weren't necessarily getting that," he said. That's why the council approved the moratorium and city staff spent the next 21 months revamping city code, including parking requirements for new development and creating a design and architectural manual to guide the aesthetics of future projects right down to what colors and doors builders could use, Niven said. The moratorium was also a chance to address another problem council members and city staff there had observed. Despite their declarations of wanting affordable housing, none was coming. In the summer of 2016, 964 new residential units were in the pipeline to be built, but zero of them was designated as affordable, Niven recalled. Through the moratorium, the city also developed a strategic plan to help diversify the city's housing stock going forward, he said — such as through reducing barriers for accessory dwelling units and testing out a tax exemption for affordable multifamily housing. Issaquah's moratorium lifted only just last week, on May 21, and it's too soon to tell what impact the changes in development policies crafted during the pause might have in reality, "You don't know if all the tools you just bought are going to be effective; they might just sit in the toolbox. You still might get Orlando architecture — I don't think so, but it's possible," Niven said. Somewhat like Federal Way, the city might very well have incidentally given itself an unofficial restriction on future development, Niven said. "Did we turn everybody away? or did we pass so many regulations that we scared everybody off? It could very well be that, by all the things we've done, there's a de facto moratorium still in place. We just don't know that yet" TOPICS: changing region (/changing -region), growth (/growth), pacific northwest {/pacific -northwest} From: Lori Smith To: "Jared ODell" Cc: City Council; "Gres Wheeler"; Andrea Spencer; Allison Satter; Kelli Lambert Bcc: Eric Younger; Kevin Gorman; Leslie Dauas; Michael Goodnow; Pat Sullivan; "Richard Huddv"; Tony Hillman Subject: RE: Citizen Comments - Supports Multifamily Tax Exemption (Jared O"Dell) Date: Wednesday, June 13, 2018 11:29:00 AM Mr. O'Dell, This is to acknowledge that your e-mail was received, and will be shared with Council Member Kevin Gorman, your District 3 representative. Due to the subject matter, a copy will also be shared with the rest of the Council Members, Mayor Wheeler, and the Director of Community Development Department, including appropriate staff. Thank you for taking the time to share your comments, which will also be included as a part of the record when this subject matter is discussed. _xr Purl/t Legislative Assistant Bremerton City Council (360) 473-5280 City.Council(cDci.bremerton.wa.us www.BremertonWA.gov From: Jared ODell [mailto:jaredpatricko@yahoo.com] Sent: Tuesday, June 12, 2018 8:56 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: The multifamily tax exemption Hi Kevin I am a home owner near Evergreen Park. I purchased this home because I was excited about the possible revitalization of downtown Bremerton. Essentially your entire district. I support the multi family tax exemption. Downtown has NOT been revitalized, it looks nothing like the pamphlets the city put out years ago when these incentives began. Over turning this now would be breaking a promise to the people who live and invest here. My father ran the Arby's in east Bremerton back in the 80s. Bremerton has been a broken down city my entire life. Repealing the multi family tax exemption will only slow Bremerton's recovery. I see you have a BS in business. This gives me hope as you know the power of incentives. Wheeler is WRONG His position according to his interview in the Kitsap Sun is not based on any sound economic theory. He just has an opinion that people will come anyway. Meanwhile downtown is FULL of empty shop windows as it has been for 40 years. The Mayor and this council can ride a wave of economic improvement that is coming our way. Jobs, apartments, a vibrant downtown. Or you can kill the TMTE and we can gamble on another 40 years of closed shops, no jobs, drugs, lower tax revenue, and NO new housing for a growing population. Don't become Seattle. Don't punish businesses. Sincerely Jared O'Dell From: Mark Goldgerg Sent: Monday, June 18, 2018 5:02 PM To: Kellie Lambert Subject: FW: Comment Letter - Opposed to Eliminating MFTE (Mark Goldberg) Dear City Council Members, The abandonment of the 8 -year Tax abatement program and making the 12 -year MFTE's more onerous will create an environment in Bremerton that will disincentivize prospective developers and investors from investing in Bremerton. It's already very difficult. The 12 -Year MFTE currently does not work in Bremerton. The proposed changes will make the 12 - year MFTE even more stringent and unworkable. This is an ill-conceived idea and City Council needs to focus itself on issues that will promote the growth of Bremerton; this does exactly the opposite. If the 8 -year exemption is eliminated, that will be the death knell of apartment building in Bremerton. Bremerton does not need any more low income housing; it already has plenty of it. If it weren't for the 8 Year Tax Credit, I would not be working in Bremerton. If someone was to use the 12 -Year tax credit as it currently stands, he would have a next -to - impossible task to get it financed with the net income that would be produced, with 20% of the units not at market. The two new projects, 606 and Spyglass Hill, had a very difficult time procuring financing and finding investment equity. There is little investor confidence in Bremerton because there's literally nothing to point to, outside of 606 and Spyglass. I and several others are working very hard to change that perception and this proposal is completely ill-conceived. The City needs to do everything imaginable to encourage development in Bremerton. The City needs to recognize that the most important thing for the growth of Bremerton is the creation of new, modern style apartment buildings to attract new residents to the City. Everything else will follow. To reiterate, the City Council needs to forget this idea, and focus on issues that promote growth. Respectfully, Mark Mark Goldberg Principal MBG Co. Real Estate Advisors mark@mbeco.biz (206) 524-4846 (office) (206) 8511163 (cell) 0 WEST SOUK WSS for WWW' Wa ,,0,g SOCIAL JUSTICE Calling all Affordable Housing dvo t for the June 20 City Council meeting and Torn Hili -styled debate about proposed amendments to the Multifamily Property Tax Exemption! n! Malay -or Wheeler requests that the City Council hold .a public hearing on ,lucre 20, 2015 and gather public testimony on the proposed 4mendments- The City Council will thea determine if it is appro- priate to act on the amendments, modify the proposed amendments, andior establish a schedule for review and adoption of changes to the fVIFTE progfarr► as necessary. Summar of the proposed amendments: ,At the request of Mayor Wheeler, the following amendments are proposed to the Terms of the Multifamily Property Tax Exemption (IVIFTE) pprogra rn (BIVIC 3.75-) 1) Discontinue the eight �8) Year MFTE Rewire affordable units for the 12 -Year MFTF, to be affordable to 1_1) r Income households only (current program allows low and moderate income households to qualify), with a revised formula to calculate Low Income as those earning 50 percent of area Median Income (AMI) 3) Add requirements regarding tenant displacement Mandatory 12 month notification to current tenants Relocation cats paid to low income hOLFseholds 4} Clarification of reqtrlrements for affordable units to be distributed proportionally across the unit types available. i Wednesday, June 20th X130 pm AR «. _ Bremerton City Council Chambers Norm Chicks Building , 345 6th St- Bremerton From: Jim McDonald <iimmc90 rnr�gmaii.corn� Date: June 9, 2018 at 4:31:03 PM PDT To: ma or r)ci.bremerton.wa.us. eric.voun�)er,,r�ci.bremerton.wa.us Subject: Housing Mayor Wheeler and Council President Younger, I saw the article in today's paper regarding development in Bremerton and the incentive for builders. The proposed FOE apartment development, and most of the other higher density developments do not displace low income or affordable housing. Preventing new housing or apartment construction will only serve to limit the supply; thus increasing the cost and price for existing housing. People from more expensive areas will still move here. This will have the opposite effect of the goals for more affordable housing. It will drive prices higher. More housing means more competition and will lead to lower rents and housing costs (supply and demand). More people in the City will lead to a more vibrant retail climate.... which we are sorely lacking because of the lack of population density. Both will increase the City's property tax and sales tax revenue (so the B&O tax can be eliminated!) Until the retail piece is firmly in place, the City should still encourage more housing development. When I was on the Council, 1 went to a presentation by Kemper Freeman (Bellevue Mall, etc..) His main point was that retail development was a key for a successful community. Where is our downtown retail? Were is our downtown grocery store? We are not there yet -and population density is the key. Please don't take those builder incentives away until we are. Sincerely, Jim McDonald From: Cameron Day <cday@onebuildinc.com> Sent: Wednesday, June 20, 2018 12:49 PM To: City Council Cc: Kelli Lambert; Ryan Lukjanowicz: Dale Sperling Subject: Multifamily Tax Exemption (MFTE) per Bremerton Municipal Code 3.78 - ©neBuild, Inc. comment letter Dear City Council — My name is Cameron Day and I am Coo at DneBuild, Inc. We are a local real estate developer with ongoing development interests in Bremerton. We are currently building a 56 -unit apartment project in the downtown subarea. The project is taking advantage of the 8 -year MFTE program and was a major factor in our decision to develop in Bremerton. In addition, we currently own other land in the downtown subarea and are actively looking to acquire and develop more. Any changes to the MFTE program could greatly impact our company's development outlook in Bremerton as this piece remains critical for us to develop much-needed housing in the downtown area. As construction costs rise throughout the Puget Sound, both the cost of development and housing have increased. We believe any changes to the 8 -year MFTE program that add additional costs for developers could significantly reduce the number of units constructed in Bremerton and ultimately be counterproductive to the city's affordable / workforce housing needs. We appreciate your consideration. Thank you. Cameron Day ■*: ONEBUILD 814 Second Avenue, Suite 500 Seattle, WA 98104 T 206 801 1676 C 425 765 2131 cday@onebuildinc.com www .onebu ildinc.com From: Sharon Adams <sharon@soundwestgroup.com? Sent: Wednesday, June 20, 2018 2:58 RM To: City Council Cc: Wes Larson; Mike Brown; Kelli Lambert Subject: Letter for MFTE Attachments: larson Itr.pdf; brown Itr.pdf Dear City Council Members and Ms. Lambert: We wish to submit these letters for tonight's meeting. Best, Sharon Adams Executive Assistant 1 Investor Relations 1 Paralegal 0: 36o-850-43981 F: 36o -85o-1054 www.sound,A,estgroup.com. 'Developing Community with Vision & Integrity' Sound West Group 423 Pacific Avenue, Suite 402 Bremerton, WA 98337 office 36o-813-3813 / fax 36o-850-1054 www.sound.westaroup.com CONFIDENTIALITY NOTE: This e-mail contains information belonging to Sound West Holdings LLC:, its principals. affiliates or subsidiaries, which gnat he pri\ileged, confidential and/or protected from disclosure. The information is intended only for the use of the individuals or enti named above. If you think that you have received this message in error, please a -mail the sender. If }rou are not the intended recipient, any dissemination. distribution or copying is strictly prohibited. IMPORTANT TAX INFORMATION: To insure compliance with U.S. Treasury Department regulations, we advise you that, uniess othen4dse expressly indicated, any federal tax advice contained in this correspondence was not intended or written to be used, and cannot be used, for the purpose of: (i) avoiding tax -related penalties underthe Internal Reteruip Code of 1986, as amended, or applicable state or local tax law provisions; or (ii) promoting, marketing or recommending to another partyany tax -related matters addressed herein. a {. �- �� ■11 imi r a -� June 20, 2018 Good Evening Council Members, I am unable to attend this evenings meeting as l am traveling. However, I would like to express some thoughts and concerns that I have about a current issue before the council this evening. That issue is Mayor Wheeler's proposal to eliminate the eight- year exemption contained in the Multi Family Tax Exemption (MFTE). The MFTE is a very important tool in the revitalization tool box for Bremerton. Although it has seen limited use the eight-year exemption is an important component of the MFTE. In considering changes to the MFTE it is important to recall why it was implemented in the first place. One need only read the Ordinance creating the MFTE to understand the intent, the first entry for which states it clearly; "WHEREAS, exemptions from ad valorem property taxes for multifamily housing encourage increased residential opportunities within designated residential targeted areas, stimulate new construction and rehabilitation of existing buildings, assist in directing future population growth and helps to achieve development densities which are more conducive to transit use in designated residential targeted areas." I think the rereading of the ordinance is telling even for those of us that have been active in the revitalization effort for decades now. As the need for affordable housing has become a bigger and bigger issue for society to grapple with many municipalities have adopted an MFTE program specifically to address affordable housing. While the MFTE is an important resource to creating affordable housing, and is mentioned in the Bremerton ordinance adopting the MFTE the primary goal was revitalization. Also, important to note is that the projects to date that have utilized the MFTE program fit cleanly in the wheelhouse of the intent of the opening citation of the ordinance noted above. It seems that some of the current concerns about the state of revitalization efforts in Bremerton are also driving a conversation about MFTE but don't stem from the MFTE at all. There has been much discussion of late about the height bulk and scale of proposed projects in the downtown core which is a completely separate issue. While I personally believe that the downtown core is the appropriate location for buildings of a much greater height than those that exist today I don't believe that they will be constructed in the current market. Despite the increased rents in Kitsap County and the Puget Sound region as a whole, rents in Bremerton are nowhere near those that are required to make taller buildings financially feasible. The reason is the basic construction types applied. Buildings of six or seven stories can be more economically 423 Pacific Avenue, Suite 402 vvww.soiEndwesigroup.com 1147one: (360) 813-3813 Bremei-ton, WA 98337 Fax: (360) 850-1054 r SOUND � EST GROUP constructed by a building structure that consists of five stories of wood frame over one or two floors of concrete podium. The maximum Number of stories in a building that can be constructed of wood by code is five stories. once a building exceeds the six or seven story height a different type of construction is required typically concrete many stories but are much more expensive to build. The expense of this building type doesn't start to reach its potential for efficiency until a building in the twenty -story range is anticipated. Buildings below this level are very expensive per square foot as the efficiency of the building type is just not achieved, Even when the buildings do reach the heights that make this building type efficient the rents required to make them financially feasible are near double those that are currently being realized in the Kitsap market in new projects like Spyglass Hill in Bremerton. In closing l would like to say that the MFTE has been and should continue to be an important tool in the revitalization of Bremerton. That it has had some success as an incentive to repurpose buildings and create increased residential opportunities as contemplated. That any time new housing is created more affordable housing is created, it is a supply and demand world and any new housing units creates opportunity at all levels. And maybe most importantly, although there have been some recent successes in the decades long revitalization effort there is still a very long ways to go. The effort is in many ways a fledgling and tinkering with that fragile balance could be a serious mistake. I urge you to be cautious with this important decision. 1 appreciate the time you have taken in your consideration of this opinion and as always, I sincerely appreciate all of the time and energy that each of you give to make Bremerton a great city on our side of the sound. With Best Regards (-5l Mike Brown Sound West Group 423 Pacific Avenuc, Suite 402 www.soundwestgroup.coill Phone: (350) 813-3813 Bremerton, WA 99337 Fax: (350) 850-1054 , (OUND WD; T GROUP Dear Councilmembers It has come to our attention that the City Council is considering a moratorium on the 8 -year Multifamily Tax Exemption (METE) for the City of Bremerton. As you know, Sound West Group has been proposing a new multifamily development on the waterfront property recently purchased from the Port of Bremerton. This project, and other multifamily projects throughout the downtown as well as in East Bremerton (SWG just last week had a discussion regarding a prospective development in the vicinity of the Harrison Hospital) will likely not go forward without this important incentive. First, it is important to note the MFTE does not provide a tax break on the underlying land, which continues to be taxed; rather it provides a temporary tax exemption on the value of the improvements constructed by the developer. Once this exemption expires, the improvements go onto the tax role, and remain for the life of the building. As you know, development of multifamily apartments ground to a halt in the 1990s, and few new units were produced. In no small part, due to the MFTE program, there has been a small resurgence of housing development in recent years. Spyglass Hill and Fourth Street ("Quincy Square") would not have been financed or constructed without it. While the 8 year MFTE does not require the developer to build additional affordable housing (as does the 12 year MFTE), it does reduce annual operating expenses by the amount of the property tax, which allows a project to be a little more profitable at the outset, where otherwise it may not be. This amounts to a "head start" and helps level the playing field and offset risk for the local developer who otherwise faces the same construction costs as in Seattle; and, moreover is now trying to offset rising construction material costs (approximately 10% alone over the past year). Rents in Bremerton, while rising, are still, however, at 1f2 to 213 of Seattle levels, and inflation in material costs are now outpacing rents. The MFTE benefit also helps lenders rationalize lending to a project in Bremerton, and investors to invest. Admittedly, there is a growing demand for affordable housing in Bremerton. The City, however, needs all kinds of housing- affordable and low income, as well as housing for our middle-class workforce, families, and seniors. We are building much needed housing for Kitsap, and in that regard, one of the myths I will debunk here is that we are building "high end" housing for Seattleites. That is simply not true! 423 Pacllxc A\entic, Suite 402 wvwvwv.soundwestgroup,com Phone: (360)913-3813 Bremerinn. WA 98.;37 Vax: (3 60) X50-1054 SOUND Wf:ST G'R0UP Over 30 percent of our residents at Spyglass Hill, for example, are Shipyard workers, active duty military or DOD employees. Over 98 percent of our tenant base are from Kitsap County. This quality of multifamily housing is meeting a real demand for our Kitsap County residents-- a demand that has been grossly under -served. We are getting strong demand, for example from Shipyard contract workers for extended stay units (several of those are leased on Spyglass, and more will be leased on Fourth Street/Quincy Square, and on Marina Square as well, if we are able to build that project). By the way, these "extended stay" workers are currently using hotels, and in turn robbing valuable space from the conference center, which otherwise would be able to hold many more conferences. The housing being incentivized by the METE is also bringing life back to our long vacant streets and people who shop for goods, services, and frequent our theaters, restaurants, galleries and bars. We have done the analysis, and rents will simply not sustain a 12 -year program in the City of Bremerton (in Seattle, in contrast, the "affordable level rents" practically equate to our "market rents"). We can speak from experience because we initially tried with this program on both Spyglass and Fourth Street, and rising costs drove us back to the 8 -year MFTE. As a developer we have sought to work with both Housing Kitsap and BHA to develop affordable housing. There are ways to get this done. Doing away with the 8 -year MFTE is not the way to accomplish this. SWG would be happy to meet with the council to explore ways to create more affordable housing, and to be an active partner in that endeavor. The proposed moratorium does nothing to accelerate the construction of new housing, and it would bring to a halt a program that has only started to yield positive results and contribute to our City"s revitalization. Building more housing is one way to reduce housing costs. Not building housing- which is the likely result of the moratorium- will achieve nothing. Even a pause in the development process will cause uncertainty with our lender and investors putting our ability to go forward with this project at significant risk. We urge you not to put a moratorium on the 8 -year MFTE. 4'�3 Pacific Avenue, Suite 402 Nvww.sr>undwcstgroul).com Phcme: ( 360) 913. 381 3 Bremerwii, WA 98337 Fax: ( 360) 850-1054 t'. �r SOUND WEST GROUP Thank you kindly for your consideration. Very Truly Yours, Wes Larson 1wM-x;= 42 35 I'aciIic AN enuc, Suite 402 wvw soundwestgrotip,coin Mimic: 060)813-3813 Bremerton. %VA 98337 Fax: {3h{1) }350-1054 From: Sharon Adams -�sharon@soundwest9roup.com> Sent: Wednesday, June 20, 2018 3:32 PM To: City Council; Kelli Lambert Cc: Wes Larson; Jack Paauw; Jeremy Stitt; Marianne Weber Subject: 12 year MFTE- a quick comparison Dear City Council Members: Please accept this email submission for tonight's city council meeting. Rest, Sharon Adams Executive Assistant 1 Investor Relations 1 Paralegal 0: 36o-850-43981 F: 36o-850-1054 www. soundwestgroup.com AV GROUP 'Developing Community with Vision & Integrity' Sound. West Group 423 Pacific Avenue, Suite 402. Bremerton, WA 98337' office 36o-813-3813 / fax 36o-850-1054 www.soundwestgroup eanI CONFIDENTIALITY NOTE: This e-mail contains information belonging to Sound West Holdings LLC, its principals, affiliates or subsidiaries, which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individuals or enti named above. if you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. IMFORTANT TAX INFORMATION: To insure compliance w th U.S. Treasury Department regulations, we ad%ise you that, unless otherwise expressly indicated, any federal tax advice contained in this correspondence was not intended or written to be used. and cannot be used, for the purpose of: (i) avoiding tax -related penalties under the Internal Revenue Code of 1986, as amended, or applicahte state or local tax law- provisions; or 00 promoting, marketing or recommending to another party any tax -related matters addressed herein. From: Wes Larson Sent; Wednesday, June 20, 2018 3:05 PM To: Sharon Adams Subject: Fw: 12 year MFTE- a quick comparison Dear City Council Members BELOW (as received from our manager) ARE THE AVERAGE RENTS FOR THE AFFORDABLE UNITS UNDER THE 12 YEAR MFTE PROGRAM AT OUR/SWG's BUILDING (AW LARSON BLDG, a 50 unit apartment Building, Seattle). As you will note, what constitutes "affordable rent" under the MFTE in Seattle, is even substantially higher than the market rents we have in Bremerton. Why is the 12 year MFTE not a viable option for most projects in Bremerton (where in both cases 20% of the unit composition must be affordable rentals)? In Bremerton we are trying to cover the same (or higher) costs of construction as experienced in Seattle, with much lower market rents. I believe another project - the 606- was able to do the 12 year program because it had substantially lower costs to construct due to other forms of subsidies: a) the City built the parking garage (for the theater); and b) 606 development group was able to purchase the air space rights (the pad) above the garage at a very favorable price. Land and parking are typically the most expensive components of a project. SWG, on the other hand, as most developers, will need to purchase land, and build parking at market rates. From: Mike Bessenyey <mike )bonavistamigmt.com> Sent: Wednesday, June 20, 2018 2:45 PM To: Wes Larson Subject: RE: Quick question Hi Wes, The average is $2.93 per foot. Lar%an Mf if V" Arlwal rent 5WT 10O 798 200 1043 ?ill 798 206 7908 z08 134E 302 1388 Sas 1050 309 1040 401 1398 4Q"j 104Q 407 ] 3t18 i SOS t050 AOnrragr 2.91 Ran&p 1.41 148 Mike Bessenyey 950 N. 72nd St. Ste 100 Seattle, WA 98103 Mike@ bonavista memt.com www.bonavistam mt.com OFFICE: 206.283.9002 CELL: 206.618.3628 From: Wes Larson jmailto:wes soundwest rou .cam] Sent: Wednesday, June 20, 2018 2:11 FM To: Mike Bessenyey <mike@bonavistamemt.cam> Subject: Quick question Hi Mike What is the general range rent psflmo for our affordable units (MFTE) in Larson Bldg, Seattle? Can you shoot me a quick answer on this as 1 need that information for a city council hearing this evening (S pm). Last I checked it was about $2 psflmo? Thanks? Wes 3 5/SQFi 418 1.41 zw 4,01 275 7.90 316 2.53 451 3.10 510 x.77 302 3." 400 2,63 482 2.40 302 3.44 460 3.02 422 2..55 6_.L AOnrragr 2.91 Ran&p 1.41 148 Mike Bessenyey 950 N. 72nd St. Ste 100 Seattle, WA 98103 Mike@ bonavista memt.com www.bonavistam mt.com OFFICE: 206.283.9002 CELL: 206.618.3628 From: Wes Larson jmailto:wes soundwest rou .cam] Sent: Wednesday, June 20, 2018 2:11 FM To: Mike Bessenyey <mike@bonavistamemt.cam> Subject: Quick question Hi Mike What is the general range rent psflmo for our affordable units (MFTE) in Larson Bldg, Seattle? Can you shoot me a quick answer on this as 1 need that information for a city council hearing this evening (S pm). Last I checked it was about $2 psflmo? Thanks? Wes 3 From: Christine Grenier on behalf of City Council Sent: Wednesday, lune 20, 2018 3:24 PM To: 'Sally Martine Cc- City Council; Greg Wheeler; Kelli Lambert Subject: RE: Comment Letter - Support for MFTE (Sally Jo Martine) Ms. Martine, This is to acknowledge that your e-mail was received, and will be provided to Council Member Richard Huddy and to the remaining Council Members for their review and consideration; and due to the subject matter, a copy is also being shared with Mayor Wheeler and Community Development. Thank you for taking the time to submit your comments, which will also be included as a part of the record for the June 20 Public Hearing. Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 Citi.Council@ci.bremertan.wa.us www.BremertonWA.gov_ i� From: Sally Martine[mailto:sally.martine@gmail.com] Sent: Wednesday, June 20, 2018 1:55 PM To: City Council <City.Council@ci.bremerton.wa.us�, Subject: Support for Mayor Wheeler's ordinance to amend BMC 3.78 MFTE Dear Councilman Richard Huddy, As one of your constituents in District 6, 1 am writing to request that you add your support to Mayor Wheeler's proposed ordinance to amend the Bremerton Municipal Code Chapter 3.78 "Multifamily Property Tax Exemption." I support this ordinance because it clearly puts people first by 1) revising the formula to calculate low income status as those earning 60% of the Area Median Income, 2) by introducing a mandatory 12 - month notification prior to displacement, and 3) through relocation reimbursements for low-income residents. 1 A combination of unforeseen circumstances could conspire to leave any single one of us without adequate housing at a moment's notice, and it is the responsibility of those of us who are comfortably housed to stand up for those among us who are precariously housed or unhoused. By including provisions to help keep people housed and to help ensure that people are re -housed following displacement, this ordinance is one measure among many that will help improve the odds and options for our low income family members, friends, and neighbors. Kind regards, Sally Jo Martine 360.649.9974 salt .martinemail.com From: Gregg Browngoetz <browngoetz@gmail.com> Sent: Wednesday, June 2d, 2418 4:36 PM To: City Council Subject: Development Remarks I am not able to attend this evening's town hall on development. These were the remarks I had hoped to deliver. Gregg Browngoetz 511 Shore Drive Bremerton WA 48310 Mr. Chair, Mayor and Council Members, Thank you for this opportunity to address the future development of our community. My name is Gregg Browngoetz and I am a Health Information Technology Project Manager. In that role, I lead organizations and people through change. It is through that view that I am seeing the task in front of our community. We stand on the precipice of great change and tremendous development. It is not the first wave of change for our community. Through its history, Bremerton has experienced immense change—some good, some bad. Many of the beautiful craftsman home dotting our community and giving its character come to us from the wave of change and development in the early part of the last century. Those homes server as a physical representation of the hope of lasting and positive change. The task in front of us is promoting development, while maintaining the community that we all love. We have lessons to draw on both in our history and what other communities have experienced in these turning points towards increased development. I ask that we as a community consider how to guide the change, to establish benchmarks for what positive change looks like and to keep in mind the need to preserve options for all of our people. Those benchmarks include the need to insure: - Development stands the test of time. We stand in a time of great economic opportunity that will not always exist. We need to insure that in times when the economy is not as it is today, that those developments will stand and still honor our community. Developers are happy to take advantage of a booming economy but we need to make sure their development will not decay in times to come, becoming magnets of dysfunction and community problems. - Our people are not `thrown out' by the development. We need a balance of upscale and affordable housing. Utilizing leverage, our community can insure that options for all of our current and future citizens are meant. Future development does not mar the beauty of our community. The character of our community is what makes a quality of life and what is leading many to discover it. Let's make sure we don't sacrifice that in the name of fitting in more people. All of these benchmarks are achievable. We stand with great opportunities in front of us. Let's make sure we maximize those opportunities. Thank you. What is "Affordable Hay HUD defines "Affordable" as a housing cost (rent/mortgage and utilities) that doesn't exceed 30% of a household's gross t income. "Affordable" Rental Housing ir- Bremerton - Supply Versus Demana For every 100 extremely low- income households in Bremerton there are 1 2 affordable rental units. Decreased Federal Funding fo Affordable Housing in Brernc,, With limited federal financial support for rental assistance programs, very few ,enters can afford modest housing. 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