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HomeMy WebLinkAbout03/20/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 MARCH 20, 2019 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL 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 – March 6, 2019 C. Minutes of Study Session – March 13, 2019 D. Cooperative Service Agreement with U.S. Department of Agriculture (USDA) Animal & Plant Health Inspection Service Wildlife Services (APHIS-WS) Pulled down to General Business E. Purchase Agreement with Trebron Company, Inc. to purchase Sophos Central Intercept X Ransom Ware Detection/Prevention Solution F. Professional Services Agreement with Parametrix Inc. for the SR 303 Corridor Study G. Amendment No. 3 to the Goods & Services Agreement with Cintas Fire Protection for Fire Extinguisher Equipment Services H. Ingress and Egress Easement to City Property accessed from Elizabeth Avenue 6. GENERAL BUSINESS A. Cooperative Service Agreement with U.S. Department of Agriculture (USDA) Animal & Plant Health Inspection Service Wildlife Services (APHIS-WS) B. Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589 and Management & Professional Employees Salary Schedules 2019 through 2021 7. PUBLIC HEARING A. Public Hearing and Resolution No. 3317 to adopt the 2020 CDBG/HOME Policy Plan 8. 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. •Kitsap County has adopted interim regulations on where Level III Sexually Violent Predators (SVP) may be housed in the County •The City opposes the County’s proposal because the new SVP housing would be zoned near Bremerton neighborhoods, schools and recreational areas around: •Gorst •Navy Yard City •Perry Avenue Mall •Commercial areas along 303 corridor (near Fred Meyer, Lowes and Walmart) •The City will be providing comments that oppose the County’s interim regulations in their current form •Bremerton residents can give their input on the County’s proposal: •Submit public comments on the County’s website at https://www.kitsapgov.com/dcd/Pages/Code-Updates.aspx •Direct contact: Liz Williams at lawilliams@co.kitsap.wa.us or (360) 337-5777 •Attend a public meeting on Monday, March 25 at 5:30 PM at Commissioner Chambers, Kitsap County Administration Building, Port Orchard Update on Level III Sexually Violent Predators Housing Proposal by Kitsap County Filelocal-Wa.gov •File City Taxes •Renew Business Licenses •Apply for New Business Licenses •Make Changes to Your Account •Print Your New License AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: March 20, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1.Check Numbers 383525 through 383719 and Electronic Fund Transfers V19558 through V19616 in the grand total amount of $2,587,022.74 2.Regular Pay Outs and Corrections for pay period ending February 28, 2019 in the amount of $38,063.33 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – March 6, 2019 Study Session Date: N/A COUNCIL MEETING Date: March 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 6, 2019 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the March 6, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 6, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 6, 2019, 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, Lori Wheat, Leslie Daugs, and Pat Sullivan. Council Member Kevin Gorman was absent. Also present were City Attorney Roger Lubovich; Legislative Office Manager Lori Smith; and Dave Sorensen with Information Services. 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 Eric Roberts of Discovery Fellowship. MAYOR’S REPORT Mayor Wheeler…  Was pleased to learn that the City of Bremerton has received the “2018 Well City Award”; and thanked employees who participate in activities or volunteer on the Wellness Committee, adding that by winning the award, the City would save over $90,000 on 2019 health care premiums;  Announced that applications are being accepted for the Kure, Japan student exchange program;  Discussed the new Bremerton Police Department’s “Security Camera Registration Program”;  Provided a follow-up on the City’s response to the recent snow storm; and  Encouraged citizens to participate in the Parks Survey currently available on the City’s website. PUBLIC RECOGNITION Jerry McDonald referred to a Letter to the Editor in today’s Kitsap Sun regarding Complete Streets, observed that a “road diet” has worsened gridlock, and encouraged the City to separate cars from pedestrians by making a lesser used streets pedestrian friendly. He also expressed concern with the increase in local graffiti, suggesting that Council Members regularly tour the areas in their Districts to immediately report any new graffiti. Caroline Stein announced the 62nd Annual Washington State Science & Engineering Fair (WSSEF) was scheduled March 29 & 30; and encouraged volunteers to please sign up. Suzanne Griffin read the proclamation received by Mayor Wheeler to proclaim the Month of March as “Brain Injury Awareness Month; read from a handout on Traumatic Brain Injury Facts; and invited the community to participate in “Light Up the Heavens”, the annual Brain Injury Awareness Event scheduled this year on March 31, 2019 at 8:00 PM at Kiwanis Field (or from wherever you are). Daniel Parker expressed his concern for the streets that do not have bicycle lanes, or those streets where bicycle lanes abruptly end; and asked what precautions are used by the City to assure when the sand used on streets is disposed, that it is not contaminated. Public Works Director Chal Martin responded that sand is taken to the local landfill, but will need to find out where it goes from there. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 383334 through 383524, and EFT-V19505 through EFT-V19557 in the amount of $2,184,004.21; Regular Payroll (Retro Pay) for the pay period January 1, 2018 through November 15, 2018 in the amount of $17,255.91; Regular Payroll for the pay period ending February 15, 2019 in the amount of $882,614.31; Regular Payroll for the pay period ending February 28, 2019 in the amount of $776,747.79; and Retiree Payroll for the pay period ending February 28, 2019, in the amount of City Council Reg. Mtg. Minutes Wednesday, March 6, 2019 Page 2 of 3 $54,140.02 5B – Minutes of Meeting – February 20, 2019 5C – Minutes of Study Session – February 27, 2019 5D – Purchase of a Madvac LS175 Compact High Efficiency Vacuum Sweeper 5E – Salmon Funding Recovery Board (SFRB) Project Agreement for the Northlake Way Preliminary Design for the Kitsap Lake Culvert Replacement 5F – Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Services There were no questions or comments from the public… 06:01:25 M/S/C/U (Daugs/Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS – There were no General Business items… PUBLIC HEARING 6A – PUBLIC HEARING ON ORDINANCE NO. 5366 AMENDING CHAPTER 20.10 OF THE BREMERTON MUNICIPAL CODE ENTITLED “COMPREHENSIVE PLAN AMENDMENTS”; AND REPEALING SECTION 20.70.030 OF THE BREMERTON MUNICIPAL CODE ENTITLED “ACCESSORY USES” WITHIN THE DISTRICT CENTER CORE: Allison Satter, Senior Planner used a Power Point to assist in explaining that the action before Council is to conduct a Public Hearing and adopt an Ordinance amending Bremerton Municipal Code (BMC) Title 20 related to the following:  Modify Comprehensive Plan Amendment Process. One portion of the proposed amendments to this chapter include revising the Application window for when the City will accept applications to provide more time to process and review the proposals. The amendment also includes modification to this chapter is to add a new section (BMC 20.10.075) to allow a Preliminary Review to evaluate the proposals and reject those amendments that are in direct conflict with Federal, State, or local standards.  Remove the District Center Cores (DCC) Accessory Uses. This portion of the code allows mini-storage as an accessory use within the City’s DCC zones (Charleston, Wheaton- Sheridan and Wheaton-Riddell). The concern is that the establishment of mini-storage in our DCC zones will compromise our ability to accomplish the housing and job growth that we have established for these centers. President Younger opened the public hearing… With no comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council… 06:14:00 Motion was made by Sullivan and seconded by Daugs… Comments and questions were provided by Daugs and Younger, with responses provided by Ms. Satter… 06:16:35 M/S/C/U (Sullivan/Daugs) Move to pass Ordinance No. 5366 to amend Chapter 20.10 of the Bremerton Municipal Code related to Comprehensive Plan Amendments; and repeal Section 20.70.030 of the Bremerton Municipal Code related to the District Center Core Zone’s accessory uses. COUNCIL MEMBER REPORTS Pat Sullivan announced that the Lions Park Weed Warriors need volunteers at their next Work Party on Saturday, March 9 from 10:00 AM to Noon. Leslie Daugs shared “What to Carry in Your Car” tips provided by WSDOT; announced that Kitsap Transit now has a mobile app “DoubleMap” to help plan trips using a bus or fast ferry; Puget Sound City Council Reg. Mtg. Minutes Wednesday, March 6, 2019 Page 3 of 3 Regional Council will be hosting an Open House in Bremerton here in the Chambers on Tuesday, March 19 from 4:00 to 6:00 PM to take public comment on the Draft Supplemental Environmental Impact Statement (SEIS) for VISION 2050; the Bataan Memorial Remembrance would be held this year on Saturday, April 6 from 10:30 AM to 1:30 PM at Bataan Park; and “LFO” Reconsideration Day would be held on Wednesday, April 10 from 8:30 AM to 3:30 PM at the Kitsap County Courthouse where legal assistance will be available to request relief from debt caused by criminal fines. Lori Wheat thanked people for comments on keeping people safe no matter how they are travelling; announced the next District 4 Community Meeting will be on Monday, March 11 from 5:30 to 6:30 PM at First Christian Church for an Update on Public Works Projects, Streets & Sidewalks Issues”, and there will be an opportunity for Q & A with Public Works staff. Michael Goodnow announced that volunteers are welcome for the next Forest Ridge Park Work Party on Saturday, March 16 from 9:00 AM to Noon; and looked forward to the Annual St. Patrick’s Day Parade on Saturday, March 16 from 11:00 AM to 1:00 PM in downtown Bremerton. He also recognized the Thai Palace, a new business that recently opened at 610 North Callow Avenue. Richard Huddy thanked Jerry McDonald for his earlier comments on reducing traffic, supported the development of a comprehensive master plan to meet our transportation needs for the next 20 years; recognized Caroline Stein for her long-time involvement in the Washington State Science & Engineering Fair where he looked forward to being a judge; was happy to hear that the Washington state House of Representatives approved a bill that would ban all personal exemptions for the measles, mumps and rubella (MMR) vaccine; and shared some possible equipment solutions to remove snow from sidewalks. President Younger reminded everyone to set their clocks ahead one-hour for daylight-savings-time this Saturday. With no further business, President Younger adjourned the Council Meeting at 6:32 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 20th day of March, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – March 13, 2019 Study Session Date: N/A COUNCIL MEETING Date: March 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on March 13, 2019 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the March 13, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 13, 2019 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 6th Street, Bremerton, Washington, Wednesday, March 13, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, Pat Sullivan. Legislative Assistant Christine Grenier was present to provide staff support. President Younger emphasized that the Study Session was open to the public, and except for Item A1, there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the March 20, 2019 Council Meeting Agenda or as indicated. A. BRIEFINGS ON AGENDA ITEMS 1. Authorize Hiring of Assistant City Attorney at Pay Band 16, Rate 3 on the Management & Professional Salary Plan With Action Comments and questions were provided by Daugs, Goodnow; with comments and responses provided by City Attorney Roger Lubovich… There were no questions or comments from the public… 05:05:05 M/S/C/U (Daugs/Goodnow) Move to authorize the hiring of Casey Pence to the position of Assistant City Attorney at Pay Band 16, Rate 3 of the Management, Professional, Confidential & Fiduciary Salary Plan. 2. Cooperative Service Agreement with U.S. Department of Agriculture (USDA) Animal & Plant Health Inspection Service Wildlife Services (APHIS-WS) Consent Agenda 3. Purchase Agreement with Trebron Company, Inc. for Sophos Central Intercept X Ransom Ware Detection/Prevention Solution Consent Agenda 4. Proposed Public Hearing on the 2020 CDBG Funding Priorities and Resolution to adopt the 2020 CDBG/HOME Policy Plan Public Hearing 5. Professional Services Agreement with Parametrix for the SR303 Corridor Study Consent Agenda 6. Amendment No. 3 to the Goods & Services Agreement with Cintas Fire Protection for Fire Extinguisher Equipment Services Consent Agenda 7. Ingress and Egress Easement to City Property accessed from Elizabeth Avenue Consent Agenda 8. Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589; and Management & Professional Employees Salary Schedules 2019 through 2021 General Business B. GENERAL COUNCIL BUSINESS o Other General Council Business was also discussed. City Council Study Session Minutes Wednesday, March 13, 2019 Page 2 of 2 With no further business, President Younger adjourned the Council Study Session at 6:54 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER, Legislative Assistant APPROVED by the City Council on the 20th day of March, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 13, 2019 Cooperative Service Agreement with the USDA Animal and Plant Health Inspection Service Wildlife Services (APHIS-WS) COUNCIL MEETING Date: March 20, 2019 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: Beginning in 2014 and according to BMC 7.15 and Ordinance 5243 the City maintains a service agreement with the USDA APHIS Wildlife Services for the control of Raccoons and nuisance wildlife. The current agreement expires March 31, 2019, APHIS Wildlife Services proposes a 5-year agreement for a total cost of $20,505, and an annual disbursement of $4,101. The U.S. Department of Agriculture will continue to conduct wildlife damage management activities to control Raccoons residing in and around the City of Bremerton in order to reduce human health and safety threats and property damage. ATTACHMENTS: 1) USDA – APHIS-WS Inspection Service Agreement 2) Work plan/Financial Plan FISCAL IMPACTS (Include Budgeted Amount): Annual fee of $4,101 approved in the budget in the 2019 Non-departmental General Fund STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Cooperative Service Agreement between the City of Bremerton and USDA Animal and Plant Health Inspection Service Wildlife Services and the Work Plan/Financial Plan; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A 5D Moved to General Business… APHIS -WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code (WBS): AP.RA.RX53.73.0456 1 COOPERATIVE SERVICE AGREEMENT between CITY OF BREMERTON (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (APHIS-WS) ARTICLE 1 – PURPOSE The purpose of this Agreement is to conduct wildlife damage management (WDM) activities to control nuisance wildlife, including but not limited to raccoons in and around the City of Bremerton in order to reduce human health and safety threats and property damage. ARTICLE 2 - AUTHORITY APHIS-WS has statutory authority under the Act of March 2, 1931, as amended (7 USCA 8351), and the Act of December 22, 1987 (7 USCA 8353), the Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers necessary in conducting the program. Additionally, the Secretary of Agriculture, except for management of urban rodents, is authorized to conduct activities to manage nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases. In carrying out a program of wildlife services involving injurious and/or nuisance animal species or involving mammal and bird species that are reservoirs for zoonotic diseases, the Secretary is authorized to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions. Under the Consolidated Appropriations Act, 2017, (Pub. L. No. 115-31, 131 Stat. 144, H.R. 244 — 115th Congress (2017-2018), APHIS is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity’s liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the Agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, good, or services. ARTICLE 3 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that: a. Confer and plan a WDM program that addresses the need for managing conflicts caused by nuisance wildlife in the City of Bremerton, WA. Based on this consultation, APHIS-WS will formulate, in writing, the program work plan and associated budget and present them to the Cooperator for approval. b. Develop a mutually agreed upon Work Plan and Financial Plan which are incorporated into this Agreement by reference. It is understood and agreed that any monies allocated for the purpose of this Agreement shall be expended only towards the activities and related expenses outlined therein. c. When either of the Cooperating parties address the media or incorporate information into reports and/or publications, both Cooperating parties must agree, in writing, to have their identities disclosed when receiving due credit related to the activities covered by this agreement. APHIS -WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code (WBS): AP.RA.RX53.73.0456 2 d. APHIS-WS has advised the Cooperator that other private sector service providers may be available to provide wildlife management services and notwithstanding these other options, Cooperator requests that APHIS-WS provide wildlife management services as stated under the terms of this Agreement. e. All equipment with a purchase price of $5,000 or more per unit, purchased directly with funds from the cooperator for use solely on this project shall be subject to disposal according to APHIS-WS policy, and shall be specifically listed in the Work and Financial Plan. Property title/disposal shall be determined when the project (including all continuations and revisions of this agreement) terminates, or when the equipment is otherwise directed to other projects, whichever comes first. If the equipment is sold prior to the project end, the proceeds should be allocated according to APHIS-WS Policy. Continuations and revisions to this agreement shall list any equipment with a purchase price of $5,000 or more per unit, carried over from a purchase directly with funds from the cooperator for use solely for this project. All other equipment purchased for the program is and remain the property of APHIS-WS. f. APHIS-WS will provide overall direction and control of the program. ARTICLE 4 - COOPERATOR RESPONSIBILITIES The Cooperator agrees to/that: a. Designate Angela Woods, City of Bremerton, 345 6th Street, Suite 100, Bremerton, WA 98337, (360) 473-5323 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement; b. Reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Work and Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the Work and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of service submitted via an invoice within 30 days of the date of the submitted invoice or invoices as submitted by APHIS-WS. Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. If the Cooperator is delinquent in paying the full amount of the due service costs submitted by APHIS-WS, and/or is delinquent in paying the due late payments, and/or is delinquent in paying the interest, penalties, and/or administrative costs on any delinquent due service costs, APHIS- WS will immediately cease to provide the respective service associated with the submitted service costs. APHIS-WS will not reinstate or provide the respective service until all due service costs, and/or due late payments, and/or due interest, penalty, and/or administrative costs are first paid in full. c. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. d. As a condition of this Agreement, The Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. ARTICLE 5 – WS RESPONSIBILITIES APHIS-WS agrees: a. To designate APHIS-WS State Director, Mike Linnell, 720 O’Leary Street NW, Olympia, WA 98502, (360) 753-9884 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement. APHIS -WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code (WBS): AP.RA.RX53.73.0456 3 b. The performance of wildlife damage management actions by WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. c. To provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work and Financial Plan referenced in 3.a of this Agreement. d. To bill the Cooperator for costs incurred in performing WDM activities as authorized in the approved annual Work and Financial Plan as may be amended. e. To notify the Cooperator if costs are projected to exceed the amounts estimated and agreed upon in the Financial Plan. APHIS-WS will cease providing goods or services until a revision to the Work and Financial Plan, as appropriate, have been agreed to and signed by both parties to this Agreement. f. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. ARTICLE 6 – CONTINGENCY STATEMENT For costs borne by APHIS-WS, this agreement is contingent upon the passage of the Agriculture, Rural Development, and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress provides APHIS-WS funds only for a finite period under a Continuing Resolution. ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent any other country, State government or its political subdivisions, local government, university, or college, organization, association, or individual from entering into separate agreements with APHIS-WS for same or similar activities provided under the terms of this Agreement. ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 – APPLICABLE REGULATIONS All WDM activities will be conducted in accordance with applicable Federal, State, and local laws and regulations. This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients. ARTICLE 10 – LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent the recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 USC 1346(b), 2401(b), 2671-2680). APHIS -WS Agreement Number: 19-7353-6657-RA APHIS-WS Account Code (WBS): AP.RA.RX53.73.0456 4 ARTICLE 11 – NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 – FAILURE TO PAY FEES The cooperator is liable for fees assessed for services performed under this agreement. APHIS-WS will assess a late payment penalty for failure to pay fees when due. In addition, the overdue fees shall accrue interest as required by 31 U.S.C. 3717. ARTICLE 13 – AGREEMENT EFFECTIVE DATE This Agreement shall become effective April 1, 2019, and shall continue through March 31, 2024. Further, this Agreement may be amended or extended at any time by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend at least 30 days prior to expiration of the agreement. It may be terminated by either party upon 60 days notice in writing to the other party. AUTHORIZATION: CITY OF BREMERTON Tax Identification Number: 91-6001231 Greg Wheeler, Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Tax Identification Number: 41-0696271 Mike Linnell, State Director, Washington/Alaska Date Jason Suckow, Director, Western Region Date WORK PLAN/FINANCIAL PLAN Cooperator: City Of Bremerton Contact: Angela Woods, (360) 473-5323 angela.woods@ci.bremerton.wa.us Cooperative Service Agreement No.: 19-73-53-6657-RA WBS Element: AP.RA.RX53.73.0456 Location: Bremerton, WA Dates: April 1, 2019 through March 31, 2020 In accordance with the Cooperative Service Agreement between the City of Bremerton and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of the wildlife control activities for the period of April 1, 2019 through March 31, 2020. Program Objective/Goals Wildlife Services’ objective is to provide assistance to the City of Bremerton when it experiences conflicts with nuisance wildlife. This assistance when initiated by the City may be in the form of educational information, non-lethal techniques or direct control. If direct control is necessary, the most effective and safe tools and techniques available will be utilized. The specific goal is to start a program to control raccoons and other wildlife as agreed upon, in order to protect human health and safety and property in Bremerton, Washington. Plan of Action The objectives of the wildlife control activities will be accomplished in the following manner: 1. APHIS-WS will assign one Wildlife Specialist and will provide the vehicle, field supplies and equipment for the project. The Specialist will work up to 80 hours during the agreement period. 2. Wildlife damage management may be accomplished with the tools and techniques listed in the Agreement for Control of Animal Damage, including: live traps and shooting. 3. Brook Zscheile, the District Supervisor in Poulsbo, (360) 337-2778, will supervise this project. It will be monitored by Mike Linnell, State Director, Olympia, WA, (360) 753- 9884. 4. APHIS-WS will cooperate with the Washington Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, county and local city governments, and other entities to ensure compliance with Federal, State, and local laws and regulations. 5. City of Bremerton will be billed quarterly by APHIS-WS only for expenses shown in the Financial Plan and will not exceed the Agreement Total. Personnel Compensation is defined as salary for all hours worked, benefits, differentials, hazardous duty allowances, annual leave, sick leave and awards. The financial point of contact for this Work Plan/Financial Plan is Roberta Bushman, Administrative Officer, (360) 753-9884. FINANCIAL PLAN For the dispersement of funds from City of Bremerton – Bremerton To USDA APHIS Wildlife Services For Raccoons and other Nuisance Wildlife From April 1, 2019 to March 31, 2020 Cost Element Full Cost Personnel Compensation $ 2,800.00 Vehicles $ 325.00 Supplies and Materials $ 100.00 Subtotal (Direct Charges) $ 3,225.00 Pooled Job Costs 11.00% $ 355.00 Indirect Costs 16.15% $ 521.00 Agreement Total $ 4,101.00 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $4,101.00 Mailing Address: Billing Address: City of Bremerton Same as Mailing 345 6th St, Suite 100 Bremerton, WA 98337 ________________________________________ ___________________ Greg Wheeler, Mayor Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES _______________________________________ ____________________ State Director, WA/AK Date _______________________________________ _____________________ Director, Western Region Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Sole Source Study Session Date: March 13, 2019 Purchase Agreement with Trebron Company, Inc. to purchase Sophos Central Intercept X Ransom Ware Detection/Prevention Solution COUNCIL MEETING Date: March 20, 2019 Department: Finance/IT Presenter: Dave Sorensen Phone: (360) 473-5472 SUMMARY: The City’s current SOPHOS anti-virus software does not include the technology to detect and mitigate malware in the “Ransomware” category. SOPHOS does provide an upgrade called Intercept X for the detection and EDR (Endpoint Detection and Response). This upgrade encompasses the detection of “Ransomware” as well as the other “traditional” types of malware and can automatically investigate and respond to potential security threats. Because the City already uses SOPHOS Endpoint Protection, this agreement will replace our existing SOPHOS Endpoint Protection contract with Trebron Company and will give the City the added protection it needs. The costs of the current contract will be absorbed into this new contract. ATTACHMENTS: 1) Trebron 4 Year Company Purchase Agreement 2) SOPHOS Intercept X Factsheet 3) Sole Source Memo FISCAL IMPACTS (Include Budgeted Amount): The Trebron 4 year purchase agreement amortizes the cost of the software over 4 years. These annual payments of 12,597.25 will be invoiced on March 31, 2019, March 31, 2020 and the final payment on March 31, 2021. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve a 4-Year Purchase Agreement with Trebron Company, Inc. to purchase Sophos Central Intercept X Ransom Ware Detection/Prevention Solution for a total amount of $37,791.75 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5E Seattle, WA (Corporate) 5506 35th Ave NE, Seattle, WA 98105 Office (206) 527-3477 | Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 | Fax (206) 527-4288 Page 1 of 2 Date: February 20, 2019 Buyer: City of Bremerton Trebron Account Executive: Scott Griffin Trebron Company, Inc. 5506 35th Ave. N.E. Seattle, WA 98105 Mailing 345 6th Street, Suite 100 206-527-3477 Corporate Address: Bremerton, WA 98337-1873 360-275-9100 Mobile sgriffin@trebron.com Purchase Agreement 4 Years The Parties hereto, ―Buyer,‖ City of Bremerton and ―Seller,‖ Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, ―Product‖ as listed in the table below for $37,791.75 (Thirty Seven Thousand Seven Hundred Ninety One United States Dollars and 75/100), plus applicable shipping costs and sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption. Qty (Users) Included Components Term (Months) Total Price ($USD) 300 Sophos Central Intercept X Advanced with EDR – Renewal – Gov. 48 $37,791.75 2 Sophos Central Intercept X Advanced for Server – Renewal – Gov. 48 Included 2. Payment: To be made to Seller in three annual installments of $12,597.25 each. The first payment is due on or before March 31, 2019. The second payment is due on or before March 31, 2020. The third and final payment is due on or before March 31, 2021. Payment Terms are net thirty (30) days from date of invoice. All payments s hall be by check made payable to Trebron Company, Inc. at the address listed above. 3. Term: Buyer’s license for the product expires approximately 2/6/2023 (4 years). 4. Representations: Buyer understands that Seller is a reseller of hardware and software products. Buyer acknowledges that it has not relied on any representations by Seller and has independently investigated the products and determined the suitability of the products for Buyer’s intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufacturers’ warranties for Product acquired by Seller for Buyer, including Licensor’s warranties for Product. Except for the foregoing, Seller shall deliver the Produc t ―as is‖ and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use, even if Seller has been advised of the possibility of such damages. In no event shall Seller’s entire liability under this agreement exceed the price of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold harmless Seller, its employees and its agents from and against all damages, claims and liabilities of every nature whatsoever, including but not limited to reasonable legal expenses, arising in connection with or out of the improper or unauthorized operation use or repair of the products furnished to Buyer. 8. Late Fees: Late payments shall accrue interest beginning from the payment due date at a rate of eigh teen percent (18%) per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety (90) days past due, Seller may declare the entire amount due and owing in addition to accrued fees and costs. Buyer’s failure to pay under this agreement may result in termination of Buyer’s software license. 9. Cancellation: Once Seller has accepted Buyer’s order, Buyer cannot cancel the agreement, in whole or in part, without Seller’s express written consent. Such cancellation is conditioned upon Buyer’s reimbursement to Seller for all costs incurred by Seller in connection with the order up to the time of cancellation —including, but not limited to Seller’s cost for cancellation. 10. Attorney’s Fees: In the event any cost or expense, including reasonable attorney’s fees (―Costs‖) are incurred in the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in addition to damages. Page 2 of 2 11. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any and all actions shall be in the state or federal courts of King County, Washington. 12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor. 13. Miscellaneous: This Agreement must be executed on or before 3/20/2019 or it becomes void. 14. Waiver: The waiver of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only if presented in writing. 15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, all other provisions of this Agreement shall remain in full force and effect. 16. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing with execution by both parties. City of Bremerton IT Director Signature Business Office Signature - Required Printed Name Printed Name Title Title Date Date Must be signed by an authorized representative of Buyer Trebron Company, Inc. Billing Information Do you accept invoices via Email? Y  N  Signature Accounts Payable Contact Norbert van Dam Printed Name Email Address President Title Phone Date Intercept X Advanced with EDR Intelligent Endpoint Detection and Response Sophos Intercept X Advanced with EDR integrates intelligent endpoint detection and response (EDR) with the industry’s top-rated malware detection, top-rated exploit protection, and other unmatched endpoint protection features. Highlights Ì EDR combined with the strongest endpoint protection Ì Deep Learning Malware Analysis Ì On-demand curated threat intelligence from SophosLabs Ì Machine learning detection and prioritization of suspicious events* Ì Guided investigations make EDR approachable yet powerful Ì Respond to incidents with a single click EDR Starts with the Strongest Protection To stop breaches before they start, prevention is crucial. Intercept X consolidates unmatched protection and endpoint detection and response into a single solution. This means that most threats are stopped before they can ever cause damage, and Intercept X Advanced with EDR provides additional cybersecurity assurance with the ability to detect, investigate, and respond to potential security threats. The inclusion of EDR into a consistently top-rated endpoint protection suite enables Intercept X to significantly lighten the EDR workload. The more threats that are prevented, the less noise that is created for security teams to investigate. This means teams can optimize key resources enabling them to focus on the business of IT rather than chasing false positives and an overwhelming volume of alerts. Add Expertise, Not Headcount Intercept X Advanced with EDR replicates the tasks normally performed by skilled analysts, so organizations can add expertise without having to add staff. Unlike other EDR solutions which rely on highly skilled human analysts to ask questions and interpret data, Intercept X Advanced with EDR is powered by machine learning and enhanced with curated SophosLabs threat intelligence. Security expertise*: Intercept X Advanced with EDR puts security expertise into the hands of IT by automatically detecting and prioritizing potential threats. Using machine learning, suspicious events are identified and elevated as the most important and in need of immediate attention. Analysts can quickly see where to focus their attention and understand which machines may be impacted. Malware expertise: Most organization rely on malware experts that specialize in reverse engineering to analyze suspicious files. Not only is this approach time consuming and difficult to achieve, but it assumes a level of cybersecurity sophistication which most organizations don’t possess. Intercept X Advanced with EDR offers a better approach by leveraging Deep Learning Malware Analysis which automatically analyzes malware in extreme detail, breaking down file attributes and code and comparing them to millions of other files. Analysts can easily see which attributes and code segments are similar to “known-good” and “known bad” files so they can determine if a file should be blocked or allowed. Intercept X Advanced with EDR Try it now for free Register for a free 30-day evaluation at sophos.com/intercept-x Threat intelligence expertise: When Intercept X Advanced with EDR elevates a potentially suspicious file, IT administrators can gather more information by accessing on-demand threat intelligence curated by SophosLabs which receives and processes approximately 400,000 previously unseen malware samples each day. This, and other threat intelligence is collected, aggregated, and summarized for easy analysis. This means that teams that do not have dedicated threat intelligence analysts, or access to expensive and hard to understand threat feeds, can benefit from one of the top cybersecurity research and data science teams in the world. Guided Incident Response Intercept X Advanced with EDR allows administrators to answer the tough questions about security incidents by providing visibility into the scope of an attack, how it started, what was impacted, and how to respond. Security teams of all skill levels can quickly understand their security posture thanks to guided investigations which offer suggested next steps, clear visual attack representations, and built-in expertise. When an investigation is concluded, analysts can respond with a click of a button. Rapid response options include the ability to isolate endpoints for immediate remediation, clean and block files, and create forensic snapshots. Intelligent EDR Use Cases Intelligent endpoint detection and response means that security teams have the visibility and expertise they need to answer the tough questions that are asked as part of an incident response effort. Answer the tough questions about an incident: Ì Understand the scope and impact of security incidents Ì Detect attacks that may have gone unnoticed Ì Search for indicators of compromise across the network Ì Prioritize events for further investigation Ì Analyze files to determine if they are a threat or potentially unwanted Ì Confidently report on your organization’s security posture at any given moment Beyond EDR To stop the widest range of threats, Intercept X Advanced with EDR employs a comprehensive defense-in-depth approach to endpoint protection rather than simply relying on one primary security technique. This is the “the power of the plus” – a combination of leading foundational and modern techniques. Intercept X Advanced with EDR integrates the industry’s top-rated malware detection, top- rated exploit protection, and intelligent endpoint detection and response (EDR). Modern techniques include deep learning malware detection, exploit prevention, and anti-ransomware specific features. Foundational techniques include antivirus, behavior analysis, malicious traffic detection, data loss prevention, and more. Intercept X Advanced with EDR combines endpoint detection and response capabilities with the modern features in Intercept X and the foundational techniques in Sophos Central Endpoint Protection. This is delivered as a single solution, in a single agent. Sophos Intercept X Advanced with EDR Sophos Intercept X Advanced Sophos Intercept X Sophos Endpoint Protection Foundational techniques  Deep learning  Anti-exploit  CryptoGuard anti-ransomware  Endpoint detection and response (EDR) United Kingdom and Worldwide Sales Tel: +44 (0)8447 671131 Email: sales@sophos.com North American Sales Toll Free: 1-866-866-2802 Email: nasales@sophos.com Australia and New Zealand Sales Tel: +61 2 9409 9100 Email: sales@sophos.com.au Asia Sales Tel: +65 62244168 Email: salesasia@sophos.com © Copyright 2018. Sophos Ltd. All rights reserved. Registered in England and Wales No. 2096520, The Pentagon, Abingdon Science Park, Abingdon, OX14 3YP, UK Sophos is the registered trademark of Sophos Ltd. All other product and company names mentioned are trademarks or registered trademarks of their respective owners. 18-10-02 DS-NA (3098-DD) * Available early 2019 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Parametrix Inc. for the SR 303 Corridor Study Study Session Date: March 13, 2019 COUNCIL MEETING Date: March 20, 2019 Department: Public Works & Utilities Presenter: K. Ketterer Phone: (360) 473-5334 SUMMARY: Through a competitive consultant selection process Parametrix was selected to perform a transportation study of the SR 303 Corridor (Warren Ave/Wheaton Way). SR 303 from Burwell Street to McWilliams is an outdated and congested car centric corridor that lacks safe multimodal transportation options for residents. This study, as performed by Parametrix, will provide an implementable plan to improve the corridor’s livability and foster economic investment. A scope of work was submitted and the contract was negotiated in the amount of $440,000. The scope of work includes community engagement, data collection, economic and growth forecasting, traffic modeling, alternatives development, conceptual project development and cost estimating, and the final study report. ATTACHMENTS: 1. Professional Services Agreement with Parametrix, Inc. FISCAL IMPACTS (Include Budgeted Amount): The SR 303 Corridor Study is funded by a $450,000 State Appropriation with $50,000 of matching City funding. Project funds are budgeted in the 2019 Transportation Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix for the SR 303 Corridor Study in the amount of $440,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5F Page 1 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 PROFESSIONAL SERVICES AGREEMENT SR 303 Corridor Study; Project #315011 The City of Bremerton (“City”) and Parametrix, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 5, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III.Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $440,000. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the C ity’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V.Indemnification: A.Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B.Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 3 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant 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 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 4 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII.General Conditions: A.Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B.Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C.Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 5 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 D.Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E.Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle and Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F.Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G.Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H.Modification: This Agreement may only be modified by written instrument signed by both Parties. I.Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: City Clerk Attn: Michael Horntvedt City of Bremerton Parametrix, Inc. 345 6th Street, Suite 100 719 2nd Ave, Suite 200 Bremerton, WA 98337-1891 Seattle, WA 98104 J.Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K.Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Page 6 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 L.Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M.Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N.Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O.Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII.Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX.Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non - performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A.Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final Page 7 of 7 Bremerton/Parametrix SR 303 Corridor Study Rev. 07/2018 invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X.Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Woods, City Clerk https://parametrix-my.sharepoint.com/personal/mhorntvedt_parametrix_com/Documents/SR 303 Corridor Study/SR 303 Corridor Study PSA.docx City of Bremerton 55418968AQ SR 303 Corridor Study 1 03/05/19 Scope of Work EXHIBIT A – SCOPE OF WORK City of Bremerton SR 303 Corridor Study Introduction The State Route (SR) 303 corridor provides critical access for City of Bremerton residents by connecting a variety of diverse residential and commercial neighborhoods. Consistent with the City’s Comprehensive Plan the City is committed to supporting increased investment along the corridor to achieve targeted growth estimates with a focus on four primary goals: fostering business and population growth, protecting the environment, encouraging economic development, and promoting community health and livability. The City also recognizes that improvements along the SR 303 corridor will have lasting benefits for the region. In alignment with these goals, the City plans to improve safety and mobility for people and goods along SR 303, further supporting the City’s vision of a socially, economically, and physically healthy community. Parametrix is committed to helping the City of Bremerton achieve this vision by completing a comprehensive corridor study through work outlined in this scope of services. This scope of work includes terminology that will be used throughout the study to provide clarity about the work being completed. Key terms include: Elements –individual elements that are changes to the existing conditions. This could include non- infrastructure investments such as transportation demand management (TDM); signal control modifications; public education; and other similar efforts. Infrastructure-related elements may include Americans with Disabilities Act (ADA) improvements, landscaping, curb adjustments, medians, roundabouts, intersection modifications, access management, walkability improvements, and aesthetic improvements. Concepts –a combination of elements within a localized area aimed at meeting various metric targets that help the study team outline ways to meet the study needs. Different concepts could be considered for the same localized area with different results. Corridor Alternative –a broader full-length corridor strategy composed of a combination of concepts along the corridor that will collectively meet the study needs. This scope describes how the various corridor alternatives will be developed, evaluated, and screened to select a preliminary preferred corridor alternative. General Assumptions •Project duration will be up to 14 months with an assumed start date of April 1, 2019 and a completion date of June 30, 2020. •All deliverable reviews will be completed by the City of Bremerton within 10 working days. •The City of Bremerton will coordinate all internal and third-party reviews of deliverables. City of Bremerton 55418968AQ SR 303 Corridor Study 2 03/05/19 Scope of Work •The City of Bremerton review periods for all deliverables will be 10 working days unless otherwise noted in the scope or agreed to through the project team coordination. •The City of Bremerton will consolidate all review comments from their staff or other reviewing agencies and address conflicting comments prior to submitting back to the Consultant. •The City of Bremerton will post display ads in local newspapers ahead of each open house event. •All venue costs associated with community engagement will be covered by the City of Bremerton and are not included in the direct expenses estimate for the Consultant. 1 Project Management 1.1 Project Management Plan This task involves the development of a Project Management Plan (PMP). The purpose of the PMP is to define how the project will be delivered and coordinated with Bremerton and the various scope activities and tasks including project communications, monitoring and project controls. The project management plan will include: •Overall project schedule, budget, and Work Breakdown Structure (WBS). This may also include general administration tasks related to project planning and development. •Identification of the project team for each task (including organization structure). •Development of quality assurance/quality control (QA/QC) plan. •Project team communications plan (internal and external). •Monthly reporting procedures. •A change management procedure for adjusting the project scope, budget or schedule. 1.2 Project Kick-off The purpose of the kickoff meeting is to formally notify all team members that the project has begun and make sure everyone has a common understanding of the project and their roles. The Consultant will attend one project kickoff meeting with Bremerton and the Consultant team. This meeting will review project objectives, communication protocol, and schedule. Assumptions •The meeting is assumed to be two hours in length and two hours for preparation of material for the meeting. •A maximum of one meeting is assumed, attended by task leads. •The meeting will take place in the City of Bremerton Norm Dicks Building. 1.3 Community Engagement Plan (CEP) The Consultant will produce one draft and one final community engagement plan (CEP) that includes: communication goals, key messages, audience, list of key stakeholder advisory group members, outreach methods, risks and opportunities. Assumptions •The City of Bremerton will draft and distribute the press release and handle media inquiries. City of Bremerton 55418968AQ SR 303 Corridor Study 3 03/05/19 Scope of Work Deliverables •One Draft Community Engagement Plan Technical Memorandum •One Final Community Engagement Plan Technical Memorandum 1.4 Project Management Team Meetings The Project Management Team (PMT) will consist of the Parametrix project manager and Bremerton project management staff. The Consultant will hold bi-weekly PMT meetings with Bremerton project staff and provide updates on progress; discuss coordination items; and prioritize tasks, schedule, and delivery dates. The agenda and meeting minutes shall be prepared by the Consultant each week. Assumptions •PMT meetings are assumed to be ½ hour in length. •A maximum of 24 meetings of ½ hour duration are assumed to occur via conference call or Skype. 1.5 Consultant team meetings The Consultant team will hold bi-weekly project coordination meetings with task leads and discipline leads to manage the work and schedule, discuss project status, key issues, and upcoming activities with Bremerton. Assumptions •PMT meetings are assumed to be one hour in length. •A maximum of 24 meetings are assumed to be in person meetings at Parametrix or via Skype and/or conference call. 1.6 Project Monitoring and Invoicing This work will include the continuous monitoring of the project budget, scope and schedule. The project budget will be entered into Parametrix’s BST project management system. The BST system will be used to generate monthly progress reports and invoices. The Consultant will prepare and submit a monthly progress report and invoice for the duration of this scope. Deliverables •Project Management Plan. •Project kick off agenda and minutes. •PMT meeting agenda and minutes. •Monthly invoices and progress reports. 2 Community Engagement The Consultant will provide communications and stakeholder engagement support during project. Tasks will include: open houses, agency briefings, mailers, on-the-ground outreach, presentations, and other City of Bremerton 55418968AQ SR 303 Corridor Study 4 03/05/19 Scope of Work outreach activities; preparation of media and public involvement communication materials; distribution of materials. 2.1 Open House The Consultant will support the planning for one open house in 2019. The Consultant will plan, manage logistics, and produce materials for one in-person open house two hours in duration that will occur at a location within the City of Bremerton. The Consultant will work with City staff to secure the venue space the open house. Prior to the open house, the Consultant will perform on-the-ground outreach to inform people about the open house event. Up to three staff will attend the open house event to set up, tear down, and provide technical expertise at the display board locations. Display boards will also be developed for the open house. The Consultant will coordinate with the City and mailhouse to define the mailing list, radius for distribution, and actual distribution. The Consultant will draft an open house summary document that outlines public comments received during the event. Assumptions •Up to 3,500 post cards and mailings will be developed and distributed. •A total of up to 15 display boards will be developed for this scope item. Deliverables •Open House Summary Technical Memorandum. 2.2. Online Open Houses The Consultant will develop two online open houses that will represent the information presented at the in-person open houses. A comment-as-you-go tool will also be implemented for participants to track their comments as they progress through the website. Assumptions •The Consultant will develop up to two online open houses that includes a comment-as-you-go option. •The Consultant will create copy and graphics for the online open houses that reflect materials presented at the in-person open house. •The Consultant will re-use copy and graphics material from the in-person open houses. •The Consultant will produce a summary of the online open house comments that will be included in both open house event summaries. •Consultant will host and maintains the SR 303 Corridor Improvement website containing both online open houses. •The City of Bremerton will secure and set up the URL. Deliverables •Open House Summary Technical Memorandum for each online open house. City of Bremerton 55418968AQ SR 303 Corridor Study 5 03/05/19 Scope of Work 2.3 Corridor User Interface The Consultant will have up to two staff spend up to four peak periods on the corridor interfacing with the public. Staff will work to inform the public about how they can learn more about the project and become involved. Methods of interaction could include sharing information with bus riders, and people at bus stops, handing information to pedestrians, and asking businesses to include project information sheets on bulletin boards. Assumptions •Up to two Consultant staff will be in the field for this effort. •The Consultant will work with the City to draft the project information sheet. Deliverables •Tabulation of number and type of contacts. 2.4 Briefings The Consultant will support the City of Bremerton in developing material for up to two WSDOT briefings. Briefings will occur before open houses. Assumptions •The Consultant will provide support including presentation materials and graphics. •The Consultants will not attend briefings. •Presentation materials will be repurposed from other meeting venues and no new materials developed. Deliverables •Up to two briefing summaries. 2.5 City Web updates The Consultant will work with the City of Bremerton to support the City during their project web update. Assumptions •The Consultant will work within the available budget to support the City with web updates. Deliverables •No deliverable identified for this activity. 2.6 Stakeholder Advisory Meetings The Consultant will convene a stakeholder advisory group to represent key stakeholders' interests in the planning study. The stakeholder advisory group will meet approximately six times over the course of the project and provide input ahead of major planning milestones. City of Bremerton 55418968AQ SR 303 Corridor Study 6 03/05/19 Scope of Work Assumptions •The Consultant will develop a draft stakeholder list using preliminary list as shown in the WSDOT and City of Bremerton Special Transportation Planning Study Agreement. Upon approval from the City, the Consultant will finalize the list and obtain contact information. •The Consultant will invite stakeholders to participate and coordinate meeting logistics. •The Consultant will develop draft and final roles and responsibilities for members. •The Consultant will work with the Client to develop meeting agendas and material lists. •The Consultant will distribute materials one day ahead of meetings. •Up to five Consultant staff will attend each meeting. The Consultant will be responsible for setup and teardown of the meeting as well as providing technical expertise to facilitate the meeting. •The Consultant will produce six meeting summaries and action items after every meeting. Deliverables •Meeting summaries for each meeting. 2.7 Final Outreach Report The Consultant will produce a community involvement outreach report that will be part of the project’s final report. Assumptions •The Consultant will produce one draft and one final outreach report, compiling the results of all outreach and public events, at the end of the project. The report will be distributed to the key stakeholders and posted to the SR 303 project website. Deliverables •One draft outreach report. •One final outreach report. 3 Data Collection 3.1 Traffic Volume Data The Consultant will collect and review previous studies and plans along SR 303 in the study area, including the June 2002 study and the recent Corridor Sketch initiative. The Consultant will collect, analyze and summarize existing relevant data along the corridor, including traffic information, comprehensive plans, land use information, property use and property valuation. Relevant data will be summarized and incorporated into the development of improvement strategies and projects. The Consultant will collect historical traffic volume data on the corridor from various sources including WSDOT, the City of Bremerton and Kitsap County. The historical data will be reviewed to determine where gaps in the data exist. Non-motorized counts will be collected at key intersections. The Consultant and the City will agree upon locations prior to taking counts. The Consultant will coordinate the collection of updated traffic count volumes, including: City of Bremerton 55418968AQ SR 303 Corridor Study 7 03/05/19 Scope of Work •Up to four tube count locations for traffic volume and vehicle classification (seven days) will be collected. •Up to 15 intersection turn movement counts and ped/bike (two hours, AM weekday and PM weekday peak.) Assumptions •Vehicle occupancy data will not be collected and the study team will confirm assumptions with the city prior to moving forward with analysis. •Consultant will coordinate with Kitsap Transit to collect bus ridership information. 3.2 Economics The Consultant will request census block data, property ownership, and property value from the City of Bremerton in GIS format. Baseline economic assessment. The Consultant will develop a profile of the SR 303 Corridor and assess its role in supporting economic activity and competitiveness in the region. Subtasks will include: •Review direct and indirect users of the SR 303 corridor, and urban activity of the primary travel shed associated with the corridor. •Review origins and destinations from select link analysis from the travel demand model. •Determine the travel shed of interest based on concentrations of origins and destinations, land uses and other urban activities. •Collect data required for inclusion in analysis. This task will entail mining multiple data sets, including the following: Kitsap County Assessor’s office for land use, property values, and more; Puget Sound Regional Council (PSRC); Washington State Employment Security Department (ESD); Washington State Department of Revenue (DOR); and U.S. Bureau of Economic Analysis (BEA). •Identify and analyze appropriate metrics and indicators such as: employment, industrial mix, wages, commuting and trade patterns, land use patterns, and real estate market indicators. The Consultant will work collaboratively with the client to determine a final list of indicators to be addressed. •Coordinate with the City of Bremerton Eastside Employment Center Study. Use data and information from the study to inform assumptions about future economic conditions. Stakeholder interviews. The Consultant will conduct up to five phone interviews with key stakeholders including public officials, economic developers, businesses, real estate developers and others to assess the relative role of the SR 303 corridor on their businesses and regional economy, to identify economic and community assets in the travel shed, and to gain insight into how proposed improvements may impact their communities. Questions will tackle issues related to: •The relative role of the SR 303 corridor on the community, businesses, and the regional economy. •How improvements to the corridor may impact local communities. •Potential productivity gains and savings among existing businesses in the corridor. •Regional competitiveness to attract new businesses. •Future regional land use decisions and property values. •Other topics developed in collaboration with the client. City of Bremerton 55418968AQ SR 303 Corridor Study 8 03/05/19 Scope of Work Potential real estate development impacts. The Consultant will qualitatively assess possible changes in property values and opportunities for future real estate investment on vacant and re-developable properties within the specific study area. This will include an inventory of relevant parcel data for the study area, an analysis of current property values, and comparison to other similar corridors. The Consultant will evaluate redevelopment potential of the area based on existing and potential building densities, zoning, and other factors where possible. Potential mobility impacts. The Consultant will reference the metrics proposed in WSDOT’s Economic Vitality Performance Framework to provide measurements of the impact of proposed corridor improvements to accessibility to jobs and non-work destinations. 3.3 Design Data The Consultant will coordinate with the City of Bremerton to collect SR 303 corridor as built plans, existing improvement concepts that have been developed by others. Right-of-way information and location of utilities in the corridor will be collected using GIS data provided by the City of Bremerton. 4 Transportation Planning 4.1 Travel Demand Modeling The Consultant will collect and review the Puget Sound Regional Council (PSRC) demand models to compare against the Kitsap County TransCAD model for consistency. The Consultant will use the existing year model and refine the future baseline travel demand model using information from existing and/or programmed improvement projects in the vicinity, as well as adjacent and connecting major arterials. Recent studies and local comprehensive plans from the study area will also be used. Traffic volume forecasts previously developed by the City along this corridor will be compared to forecasted volumes from this updated model and adjusted as needed. The Consultant will develop future year baseline traffic volume forecasts for the mid-term year 2030 and the horizon year 2040 for the AM and PM peak periods. Tools used for developing the forecasts include travel demand model plots for existing, mid-term, and horizon year conditions for AM and PM peak periods. The Consultant will also develop turning movement diagrams for each time period to be used in the traffic operations effort. Assumptions •The study will use the Kitsap County TransCAD model. •Future land use assumptions will be based on the latest comprehensive plan update. •Mid-term year 2030 and the horizon year 2040 volume forecasts will undergo one review by Bremerton study staff. Deliverables •Travel Demand Model Methods, Assumptions, and Results Technical memorandum. City of Bremerton 55418968AQ SR 303 Corridor Study 9 03/05/19 Scope of Work 4.2 Safety Analysis To assist in the performance-based screening and analysis of potential improvements, the Consultant will coordinate with the City to collect safety data. The Consultant will review safety data, and prepare and document safety analysis following WSDOT’s Safety Analysis Guide. The analysis will outline locations of recurrent crashes along the corridor to help the project team understand where corridor design modification might provide benefits for improved safety and reliability. The Consultant will further evaluate safety data to report the number of fatal and serious injury crashes in the corridor and the potential for improvements to reduce fatal and serious injury crashes. Assumptions •Crash data will be shared using a GIS map that can highlight hot spots along the corridor. •Prepare for and attend an internal consultation meeting with the WSDOT Headquarters Safety Technical Group to determine the scale and scope of crash analyses. It is assumed two Consultant staff members will attend a one hour meeting held at the WSDOT HQ Olympia office. •Bremerton will provide the five year crash history and information available with the Safety Analysis tool. 4.3 Traffic Operations 4.3.1 Existing Conditions and Future Baseline Conditions The Consultant will develop the following traffic operations models: •Two existing year Synchro models: a weekday AM peak hour model and a weekday PM peak hour model. •Four future baseline Synchro models: weekday AM and PM peak hour models for both the mid- term and horizon future years. The Consultant will identify, and document mobility issues and performance gaps based on City, County and WSDOT policies and relevant mobility and safety performance goals and measures. Assumptions •Synchro version 8 will be used for signal analysis. •Up to 15 intersections will be analyzed. •The Consultant will follow WSDOT Synchro protocols and settings. •The future year baseline models will include additional traffic volume, as determined by the growth rates from Task 5.1. The future year baseline models will also include any funded improvements identified in comprehensive plans. 4.3.2 Future Year Strategies Analysis The Consultant will perform traffic operations analysis on the strategies that pass the the preliminary screening process identified in Task 6. The analysis will identify potential future traffic benefits and impacts and assess the effectiveness of the strategies in addressing identified problems. Assumptions City of Bremerton 55418968AQ SR 303 Corridor Study 10 03/05/19 Scope of Work •SIDRA version 6 will be used for analysis of roundabouts. •Synchro version 8 will be used for signal analysis. •Up to 15 intersections will be analyzed. •The Consultant will follow WSDOT Synchro and SIDRA protocols and settings. Deliverables •SIDRA and Synchro models •Summary of Synchro or SIDRA model results •Electronic Synchro files 5 Alternative Development and screening 5.1 Needs Statement, Screening Methodology and Criteria Using the performance gaps identified in Task 5.3, the Consultant, working with the City, will develop a draft needs statement. The needs statement will be shared and vetted with the stakeholder group at the first Stakeholder Advisory Meeting. The Consultant will also develop a draft mobility performance framework that will includes a set of performance-based metrics to be used for screening potential improvement strategies. Criteria may include reduce congestion/improvements to mobility, cost/benefit, impacts to economic vitality, maintenance, constructability, and others. The screening strategies will be presented to the City and the stakeholder committee for concurrence. Assumptions •Up to 10 screening criteria will be developed for each level of the screening process. Deliverables •Summary of methodology, assumptions, criteria and performance-based metrics that will be used in the screening process. 5.2 Screening Process The alternative screening process will comprise two levels of screening. This work element will be used to define each of the screening processes so that they can be equally applied to the alternatives under consideration. The first level screening will be based on qualitative evaluation that measures an element’s ability meet the project need. Some elements might meet the project need but at a qualitative level, do not meet the cost effectiveness to move forward for further analysis. The goal of the first level screening is to select up to three corridor alternatives that will undergo quantitative screening. Second level screening will include a more quantitative analysis that will determine the alternative’s ability to meet the project need as measured by the metrics and measure selected during the stakeholder advisory group process. The cost estimating effort for these alternatives will be applied City of Bremerton 55418968AQ SR 303 Corridor Study 11 03/05/19 Scope of Work consistently across each alternative but will not include alternative design of individual elements thus the cost estimate will not yet be the risk loaded planning level cost estimate. The Consultant will develop screening criteria for each level that match the metrics and measures selected through coordination with the Stakeholder Advisory Group. A description of each screening criterion will be included to describe why the criterion is used, what it measures, how it is quantified, and how the rating metrics are selected. A draft Screening Methodology Technical Memorandum will be submitted prior to the first level screening process for the City of Bremerton concurrence. Revisions will be made to the methodology based on comments from the City prior to presentation to the Stakeholder Advisory Group. Comments from the Stakeholder Advisory Group will be considered by the project team and approved edits will be incorporated into the final Screening Methodology Technical Memorandum. Assumptions •Up to 10 screening criteria will be developed for each screening process. Deliverables •Final Screening Methodology Technical Memorandum. 5.3 Alternative Development The Consultant will organize and facilitate a corridor strategy and alternative workshop that will incorporate previous strategies developed by the study team, stakeholders, and the public. The workshop will be intended to leverage past work with new ideas and include multi-modal strategies such as TDM, transit improvements and bike/pedestrian improvements in the analysis. Ideas developed during the workshop will be combined to develop up to ten corridor alternatives that will then be screened using the process outlined in the Work Element 5.1 of this scope. Screening criteria will be reviewed and up to three corridor alternatives will be proposed to move forward for presentation to the Stakeholder Advisory Group. Comments and suggestions from the Stakeholder Advisory Group will be considered and addressed after the meeting. The Consultant will track the comments and suggestions. The Consultant will implement a screening process that includes stakeholder and public outreach. Using qualitative and quantitative screening criteria, the Consultant will develop recommended strategies to be carried forward for the next phase of the study. The Consultant will gain WSDOT concurrence on the screened strategies. Assumptions •The alternatives development workshop will occur after the first public open house. •Up to four Consultants will attend the workshop. •The workshop will be up to four hours in duration and will include up to four hours of preparation time. •The workshop will occur in the City of Bremerton at the Norm Dicks building. •The City of Bremerton staff will secure a conference room for the workshop. City of Bremerton 55418968AQ SR 303 Corridor Study 12 03/05/19 Scope of Work 5.4 Refine Alternatives The Consultant will perform additional analysis on the strategies that pass the preliminary screening to gather more detailed information about how the alternatives meet the project needs. Those needs could include improvement to traffic operations, person mobility, reliability, accessibility, environmental elements, multimodal improvements, livability, safety, and economic vitality. Traffic operations Analysis to include all metrics associated with multi-modal travel will be performed under Work Element 4.0 of this scope of work. Design Additional design work is anticipated for up to three alternatives. The three alternatives will be comprised of up to 15 elements that will undergo preliminary design for feasibility and preliminary cost. Design work will be comprised of GIS level assessment for utilities and right-of-way impacts that could affect the sketch level planning cost estimate. Basic consideration of horizontal and vertical alignments will also be considered to understand impacts to access and develop possible refinements for alternative improvements. Economics Economic analysis at this level will include an assessment of the impact on property value that could be attributed to the corridor modifications as outlined in Work Element 3. For example, if the corridor modification is needed for the area context to change, and the context change affects property value, then the change will be quantified. The Consultant will use the additional detailed alternative analysis to rank the refined alternatives based on performance and how well they meet the performance targets. The Consultant will review the ranking results with the City of Bremerton to determine which preferred corridor alternative will be presented to the Stakeholder Advisory Group. Upon presentation of the preferred corridor alternative to the Stakeholder Advisory Group and then to the public, the Consultant and the City of Bremerton will make refinements to the preferred alternative that improve its ability to meet the project needs. With a final corridor alternative outlined, the team will break the alternative elements into short-term, mid- term and long-term timeframes that address low-, medium-, and high-cost options. Deliverables •Alternative Screening and Selection Technical Memorandum. 6 Planning-Level Cost Estimate Cost estimates for the first-level screening effort will be qualitative and rated at low, medium, or high based on engineering judgement. The Consultant will develop more refined sketch level cost estimates for up to three corridor alternatives for use in comparing their cost effectiveness as part of the second- level screening process. The Consultant will develop a planning-level cost estimate for the preferred corridor alternative with each project element outlined so it can be considered as a separate City of Bremerton 55418968AQ SR 303 Corridor Study 13 03/05/19 Scope of Work implementable project. Cost estimates will include probable costs attributable to engineering, environmental, construction and related costs and will be expressed in today's dollars. Assumptions •Design supporting the cost estimates will be preliminary. •Quantities used for the cost estimate will be based on engineering judgement for each element. •A minus 30% plus 40% range will be applied to the mid-level planning estimate to illustrate the level of design information available. •Risks will be attributed to items based on their potential to influence project cost. Deliverables •Completed cost estimates (produced using a common template) with list of assumptions. 7 Phasing Plan Once a final corridor alternative is developed for consideration, the Consultant will develop a phasing plan that considers the following: •Current progress toward achieving elements of the corridor preferred alternative. •A time when the alternative provides most benefit based on metrics and measures. •The potential availability of funds. Assumptions •Data from other work elements will be used to outline this phasing plan. Deliverables •Draft and Final Phasing Plan. 8 Study Report 8.1 Draft Report The Consultant will prepare a draft report documenting the background, assumptions, process and outcome of the study. The draft report will be submitted to the City of Bremerton for review and comment. The draft report will be revised based on the City’s comments and then will be shared with the Stakeholder Advisory Group for their review and comment. The draft report will contain a matrix of implementable projects and/or process improvements to the corridor as identified in the Work Element 5.0 of this scope. The matrix will include an implementation plan for each identified project, including estimated timelines and potential funding sources. Information will also be communicated with a graphic of the corridor showing the geographic location of projects. After the Stakeholder Advisory Group review meeting, the team will present the draft project recommendations to the public in an open house venue. City of Bremerton 55418968AQ SR 303 Corridor Study 14 03/05/19 Scope of Work Assumptions •Up to two review periods and updates are included for this draft document. •The City of Bremerton staff will consolidate all comments and resolve conflicting comments prior to the Consultant making report updates. 8.2 Final Report Comments and recommendations from the Stakeholder Advisory Group and public outreach process will be reviewed with the City of Bremerton to determine how each will be addressed and if any modifications to the corridor study plan will be incorporated. Upon final understanding of the plan, the draft report will be updated accordingly. The Consultant will include a section in the final report listing implementation projects or processes for each identified strategy. The final report will be submitted to the City of Bremerton for final review and comment. Updates to the report will be made based on comments from the City and a final report will be submitted for endorsement. Assumptions •Up to two review periods will be needed for the final report. •The City of Bremerton staff will consolidate all comments and resolve conflicting comments prior to the Consultant making report updates. Deliverables •Final SR 303 Corridor Study Report. City of Bremerton 55418968AQ SR 303 Corridor Study 15 03/05/19 Scope of Work EXHIBIT B - Schedule Work Element Completed By NTP 4/1/19 Need Statement 6/15/19 Open House (in person) 7/30/19 On line Open House 1 7/30/19 Stakeholder Advisory Group Meetings Bi-monthly, as needed Alternative Development Workshop 8/18/19 Alternative Screening 2/15/20 On line Open House 2 3/15/20 Draft Report 5/1/20 Final Report 6/30/20 Project Closeout 9/30/20 Note: Assumed turnaround time for City review is one week. Cost estimate, phasing, and screening results are all compiled in the Draft and Final Report Hrs Budget Hrs Budget Hrs Budget Hrs Budget Hrs Budget Hrs Budget 01 Project Management 239 51,505.24$ 36 5,020.96$ 0 -$ 83 8,139.13$ 0 -$ 358 64,665.33$ 1.1 Project Management Plan and schedule 30 6,193.16$ 0 -$ 0 -$ 0 -$ 0 -$ 30 6,193.16$ 1.2 Project Kick-Off 23 5,117.02$ 4 527.62$ 0 -$ 10 1,182.72$ 0 -$ 37 6,827.36$ 1.3 Community Engagement Plan (CEP)4 1,135.91$ 0 -$ 0 -$ 26 2,597.65$ 0 -$ 30 3,733.56$ 1.4 Project Management Team Meetings 24 6,815.43$ 0 -$ 0 -$ 0 -$ 0 -$ 24 6,815.43$ 1.5 Consultant Team Meetings 84 20,837.64$ 0 -$ 0 -$ 15 1,442.68$ 0 -$ 99 22,280.31$ 1.6 Project Monitoring and Invoicing 74 11,406.09$ 32 4,493.34$ 0 -$ 32 2,916.08$ 0 -$ 138 18,815.50$ 02 Community Engagement 226 55,492.09$ 0 -$ 0 -$ 385 39,851.64$ 0 -$ 611 95,343.73$ 2.1 Open House(s)28 6,889.81$ 0 -$ 0 -$ 80 7,099.89$ 0 -$ 108 13,989.70$ 2.2 Online Open House 4 1,135.91$ 0 -$ 0 -$ 117 15,956.42$ 0 -$ 121 17,092.32$ 2.3 Corridor User Interface 4 1,135.91$ 0 -$ 0 -$ 50 3,895.93$ 0 -$ 54 5,031.83$ 2.4 Briefings 4 1,135.91$ 0 -$ 0 -$ 22 2,789.37$ 0 -$ 26 3,925.28$ 2.5 City Web Udpates 2 567.95$ 0 -$ 0 -$ 6 461.54$ 0 -$ 8 1,029.49$ 2.6 Stakeholder Advisory Meetings 180 43,490.71$ 0 -$ 0 -$ 36 3,273.46$ 0 -$ 216 46,764.16$ 2.7 Final Outreach Report 4 1,135.91$ 0 -$ 0 -$ 74 6,375.05$ 0 -$ 78 7,510.95$ 03 Data Collection 28 5,095.31$ 0 -$ 284 29,935.37$ 0 -$ 0 -$ 312 35,030.68$ 3.1 Traffic Volume Data 12 2,197.18$ 0 -$ 0 -$ 0 -$ 0 -$ 12 2,197.18$ 3.2 Economics 4 1,135.91$ 0 -$ 284 29,935.37$ 0 -$ 0 -$ 288 31,071.27$ 3.3 Design Data 12 1,762.23$ 0 -$ 0 -$ 0 -$ 0 -$ 12 1,762.23$ 04 Transportation Planning 286 41,249.79$ 136 16,784.73$ 0 -$ 0 -$ 0 -$ 422 58,034.53$ 4.1 Travel Demand Modeling 12 2,197.18$ 136 16,784.73$ 0 -$ 0 -$ 0 -$ 148 18,981.91$ 4.2 Safety Analysis 62 8,535.80$ 0 -$ 0 -$ 0 -$ 0 -$ 62 8,535.80$ 4.3 Traffic Operations 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ - Existing Conditions and Future Baseline Condition 92 13,327.36$ 0 -$ 0 -$ 0 -$ 0 -$ 92 13,327.36$ - Future Year Strategies Analysis 120 17,189.46$ 0 -$ 0 -$ 0 -$ 0 -$ 120 17,189.46$ 05 Alternative Development and Screening 464 75,314.49$ 82 11,067.95$ 0 -$ 0 -$ 130 16,806.82$ 676 103,189.26$ 5.1 Needs Statement, Screening Methodology and Crit 32 5,803.87$ 10 1,540.30$ 0 -$ 0 -$ 0 -$ 42 7,344.16$ 5.2 Screening Process 92 14,918.27$ 24 3,175.88$ 0 -$ 0 -$ 0 -$ 116 18,094.16$ 5.3 Alternative Development 124 21,568.12$ 24 3,175.88$ 0 -$ 0 -$ 70 8,400.62$ 218 33,144.63$ 5.4 Refine Alternatives 216 33,024.23$ 24 3,175.88$ 0 -$ 0 -$ 60 8,406.20$ 300 44,606.31$ 06 Planning Level Cost Estimate 90 12,386.75$ 0 -$ 0 -$ 0 -$ 18 2,971.16$ 108 15,357.90$ 6.1 Planning Level Cost Estimate 90 12,386.75$ 0 -$ 0 -$ 0 -$ 18 2,971.16$ 108 15,357.90$ 07 Phasing 76 10,417.01$ 0 -$ 0 -$ 0 -$ 0 -$ 76 10,417.01$ 7.1 Phasing Plan 76 10,417.01$ 0 -$ 0 -$ 0 -$ 0 -$ 76 10,417.01$ 08 Study Report 224 35,009.73$ 0 -$ 0 -$ 0 -$ 0 -$ 224 35,009.73$ 8.1 Draft Report 138 20,987.02$ 0 -$ 0 -$ 0 -$ 0 -$ 138 20,987.02$ 8.2 Final Report 86 14,022.71$ 0 -$ 0 -$ 0 -$ 0 -$ 86 14,022.71$ 286,470.43$ 32,873.64$ 29,935.37$ 47,990.77$ 19,777.97$ 417,048.17$ 3,000.15$ 1,258.70$ -$ 5,947.00$ -$ 10,205.85$ 12,745.98$ 289,470.58$ 34,132.34$ 29,935.37$ 53,937.77$ 19,777.97$ 440,000.00$ Total Labor Budget Expenses Total Project Budget Management Reserve EXHIBIT C - BUDGET SR 303 Corridor Study Parametrix F&PPMX CAI PRR Exeltech Total TaskWE AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 3 to the Goods & Services Agreement with Cintas Fire Protection for Fire Extinguisher Equipment Services Study Session Date: March 13, 2019 COUNCIL MEETING Date: March 20, 2019 Department: PW&U Presenter: Wayne Hamilton Phone: (360) 473-5207 SUMMARY: The City is seeking approval to extend the current Goods and Services Agreement with Cintas Fire Protection for two years, this contract allows two two-year extensions and this will be the second two-year extension, with negotiated rate increases of 20% for services, $5.00 per month per each monitored account and the new rate schedule for Fire Extinguisher equipment services, also to include a negotiated rate increase of 5% for the second year of the extension. ATTACHMENTS: 1. Amendment No. 3 to extend contract #5509, with negotiated rate increases. FISCAL IMPACTS (Include Budgeted Amount): Total annual cost of contract is $56,687.94 per year. This amount is included in the 2019 budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No.3 of the Goods and Services Agreement with Cintas Fire Protection with a 2-year extension and negotiated rate increases; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5G Cintas Fire Protection Agreement - 1 AMENDMENT 3 TO GOODS AND SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND CINTAS FIRE PROTECTION (FORMERLY FIRE ONE, INC.) This is the third amendment to the contract for Monitoring and Maintenance of Fire/Security Alarm Systems and Fire Suppression Systems entered into on the first day of April, 2015 (“the Contract”), between the City of Bremerton (“City”) and Cintas Fire Protection , (“Vendor”). Whereas, the City and Vendor entered into the Contract wherein the Vendor provides monitoring and maintenance of fire/security alarm systems and fire suppression systems to various City facilities, as stated in the Contract and its exhibits; and Whereas, the Contract is set to expire on March 31, 2019; and Whereas, the City and the Vendor wish to extend the Co ntract under Section 2, “Time of Completion,” to effectuate another two-year contract extension. Whereas, the City and the Vendor have negotiated an increase to Technician Service Rates, Technician Testing Rates, and Basic System Service and Testing Rates to reflect COLA, State Prevailing Wage increases, and newly required State and NFPA licenses costs at an agreed increase of twenty percent (20%) from March 31, 2019 to April 1, 2020; and Whereas, the City and the Vendor have negotiated an increase to Technician Service Rates, Technician Testing Rates, and Basic System Service and Testing Rates to reflect an agreed increase of an additional five percent (5%) from April 1, 2020 to March 31, 2021; and Whereas, the City has agreed to a monthly increase in Monitoring Service per monitored account of five dollars ($5.00) per account per month. This rate will not increase for the duration of the Contract; and Whereas, the City has agreed to pay for Fire Extinguisher Equipment Service Rates at discounted costs, per attached rate schedule for annual inspections, re-charge, breakdown work and tests. This rate schedule replaces the Equipment Service Rates section of Exhibit B. This rate will not increase for the duration of the Contract. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City and Vendor mutually agree that the Contract is amended as follows: (i) 2. TIME OF COMPLETION: The term of this agreement shall commence on April 1, 2015 and will terminate on March 31, 2021, unless terminated earlier pursuant to this agreement. A. CONTRACT EXTENSION: The term of this agreement is extended to March 31, 2021. Cintas Fire Protection Agreement - 2 (ii) EXHIBIT B rates in sections titled Technician Service Rates, Technician Testing Rates, and Basic System Service and Testing Rates shall increase twenty percent (20%) from March 31, 2019 to April 1, 2020; and shall increase an additional five percent (5%) from April 1, 2020 to March 31, 2021. EXHIBIT B rates in section titled Monitoring Service is increased by five dollars ($5.00) per account per month. This rate will not increase further for the duration of the Contract. EXHIBIT B section titled Equipment Service Rates is replaced with the attached new section titled Fire Extinguisher Equipment Service Rates. This ra te will not increase further for the duration of the Contract. This document will become a supplement to the Contract and all provisions will apply hereto. All other terms of the Contract not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year indicated. CINTAS FIRE PROTECTION ____________________________________________________ _________________________ Print Name __________________________________________ Date Its _________________________________________________ CITY OF BREMERTON ____________________________________________________ _________________________ Mayor Greg Wheeler Date Approved as to form: Attest: _______________________________________ _______________________________________ City Attorney Roger Lubovich City Clerk Angela Woods SIX YEAR SY SIX YEAR DCS RECHARGE, 5# DRY CHEMICAL EEOR 0-RING EESEAL FLAG/TAMPER SEAL EEVSC VERIFICATION SERVICE COLLAR EEVSTEM VALVE STEM IN ANNUAL INSPECTION HYDRO HST HYDROTEST DC5 RECHARGE, 5# DRY CHEMICAL EEOR 0-RING EESEAL FLAG /TAM PER SEAL EEVSC VERIFICATION SERVICE COLLAR EEVSTEM VAL VE STEM IN ANNUAL INSPECTION Annual Inspection: EESEAL IN FLAG/ TAMPER SEAL ANNUAL INSPECTION I I $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Fire Extinguisher Equipment Service Rates 5LBABC PL4 CONTRACT SIX YEAR 17.19 $ -SY SIX YEAR 23.52 $ -DC10 RECHARGE, 10# DRY CHEMICAL 6.34 $ -EEOR 0-RING 1.36 $ -EESEAL FLAG/ TAMPER SEAL 4.53 $ -EEVSC VERIFICATION SER VICE COLLAR 13.57 $ -EEVSTEM VALVE STEM 8.60 $ -IN ANNUAL INSPECTION 75.11 $ - PL4 CONTRACT HYDRO 27.14 $ -HST HYDRO TEST 23.52 $ -DC10 RECHARGE, 10# DRY CHEMICAL 6.34 $ -EEOR 0-RING 1.36 $ -EESEAL FLAG /TAMP ER SEAL 4.53 $ -EEVSC VERIFICATION SERVICE COLLAR 13.57 $ -EEVSTEM VALVE STEM 8.60 $ -IN ANNUAL INSPECTION 85.06 $ - RECHARGE IS SAME AS SIX YEAR $9.96 Total each $ $ 1.36 8.60 I PL4 CONTRACT $ 17.19 $ - $ 41.61 $ - $ 6.34 $ - $ 1.36 $ - $ 4.53 $ - $ 13.57 $ - $ 8.60 $ - $ 93.20 $ - l PL4 CONTRACT $ 27.14 $ - $ 41.61 $ - $ 6.34 $ - $ 1.36 $ - $ 4.53 $ - $ 13.57 $ - $ 8.60 $ - $ 103.15 $ - AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ingress and Egress Easement to City Property accessed from Elizabeth Avenue Study Session Date: March 13, 2019 COUNCIL MEETING Date: March 20, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The City owns a parcel of land that functions as an alley benefiting all surrounding properties. Currently none of these properties have legal access through the City’s parcel. An adjacent property owner has requested the City grant an ingress/egress easement to allow construction of a garage on their property. The proposed easement dedication provides legal access to all abutting properties. ATTACHMENTS: 1. Ingress and Egress Easement; 2. Site Plan FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Ingress and Egress Easement across City property accessed from Elizabeth Avenue North of 11th Street; and authorize the Mayor to finalize and execute the easement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5H AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Teamsters Local 589 Collective Bargaining Agreement; and Management & Professional Employees Salary Schedules for 2019 to 2021 Study Session Date: March 13, 2019 COUNCIL MEETING Date: March 20, 2019 Department: Human Resources Presenter: Charlotte Belmore Phone: (360) 473-5926 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters Local 589 resulting in the attached Collective Bargaining Agreement for 2019 through 2021. The Collective Bargaining Agreement has been ratified by the Teamsters membership. Council approval is required to implement this agreement. This includes a 3% wage adjustment for 2019, 2.5% for 2020, and 2.5% for 2021. Per BMC 2.50.031, The City Council shall provide for adjustments to salary band levels of Management and Professional employees consistent with the Council’s CPI salary adjustment policy each year for the Teamsters employees. This would include a 3% wage adjustment for 2019, 2.5% for 2020, and 2.5% for 2021. ATTACHMENTS: 1) Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589; and 2) Salary Schedules for Management and Professional Employees FISCAL IMPACTS (Include Budgeted Amount): The projected additional cost of implementing this CBA and salary adjustment for Management and Professional employees for all funds in 2019 is $611,422. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to (1) approve the Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589; (2) Approve the wage adjustments for Management and Professional Employees for 2019 through 2021; and further authorize the Mayor to finalize and execute the Collective Bargaining agreement with substantially the same terms and conditions as presented; and authorize the budget amendment in the amount of $401,422 to the 2019 budget. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 6B AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 13, 2019 Public Hearing and Resolution No. 3317 to adopt the 2020 CDBG/HOME Policy Plan COUNCIL MEETING Date: March 20, 2019 Department: DCD-Block Grant Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: The action before Council is adoption of the 2020 Policy Plan. The Policy Plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards and provides specific information about the policies and regulations for the use of HUD CDBG and HOME funds. This plan was released on February 20th for public comment, and to date there have been no comments made. Staff will also be sharing accomplishments of the 2018 Program Year. ATTACHMENTS: 1. Staff Memo; 2. Resolution No. 3317 and Exhibit A-2019 Policy Plan; and 3. 2018 CDBG Accomplishments FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts to the City. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3317 adopting the 2020 CDBG/HOME Policy Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7A To: Bremerton City Council From: Sarah Achaoui Date: March 13, 2019 Re: Public Hearing to adopt the 2020 Policy Plan What is the Policy Plan? The Policy plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards, provides specific information about the policies and regulations for the use of HUD Block grant and HOME funds. Policy Changes for 2020 1. City of Bremerton HOME funding will be targeted in an RFP to increase affordable housing stock. 2. City of Bremerton will continue to use Fluid Review for online application submittal and review. Important components of the Policy Plan Funding Priorities To stay consistent with the past year(s) the funding priorities for CDBG funds are as follows:  Capital Projects in the Target Area Projects will focus on affordable housing, Weatherization and Minor Home Repair or projects which create or support suitable living environments.  City-Wide Job Training Programs including Public Service Programs and Microenterprise programs. FY 2018 Income Limits All projects will utilize the HUD FY 2018 Income Limits. As a statutory requirement these income limits which are based off the Bremerton-Silverdale MSA must be used. When FY 2019 Income Limits are posted by HUD we will ensure all applicants for funding as well as recipients of funding receive the new limits. Public Comment A 30-day public comment period commenced February 20, ending March 20. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 1 2020 CDBG/HOME Policy Plan RESOLUTION NO. 3317 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2020 City of Bremerton CDBG/HOME Policy Plan. WHEREAS, the City of Bremerton (City) is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development (HUD), and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an inter-local agreement with Kitsap County; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2020 CDBG allocation of $450,000 with 20% set-aside for administration; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2020 HOME allocation of $179,600, 10% of which will be set-aside for administration, and 15% for Community Housing Development Organization projects; and WHEREAS, all projects must meet both a Consolidated Plan Funding Priority as well as a Council Priority, both of which are detailed in the Policy Plan; and WHEREAS, all funding will be allocated competitively to eligible applicants for projects that fit the requirements set forth in the CDBG regulations at 24 CFR part 570 and HOME regulations at 24 CFR part 92; and WHEREAS, the Department of Community Development Block Grant staff advertised in the Kitsap Sun and posted on the City's website on Wednesday, February 20th a 30- day written public comment period commencing February 20th, ending March 20th, 2019, and open for public comment in a public hearing on March 20th; and WHEREAS, comments received will be shared with the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2020 CDBG/HOME Policy Plan attached hereto as Exhibit A is hereby adopted. 2 2020 CDBG/HOME Policy Plan SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of _____________, 2019. ____________________________________ ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ____________________________________ ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk City of Bremerton Community Development Block Grant 2020 CDBG/HOME POLICY PLAN Exhibit A CDBG/HOME POLICY PLAN Contents Executive Summary…………………………………………………………………1 Community Development Block Grant Program………………………………1 CDBG Funding……………………………………………………………………….2 HOME Funding……………………………………………………………………….7 Allocation Process…………………………………………………………………..8 Policies & Regulations for Use of Funds........................................................9 Neighborhood Revitalization Strategy Area………………………………….…12 Citizen Participation Plan…………………………………………………….........17 Consolidated Plan……………………………………………………………………17 Appendix A – Citizen Participation Plan Appendix B- Funding Process Appendix C – CDBG Eligibility Requirements & Program Rules Appendix D - HOME Eligibility Requirements & Program Rules Appendix E – Conflict of Interest Policy Appendix F – Map Appendix G – Glossary CDBG/HOME Policy Plan 2020 Executive Summary The 2020 City of Bremerton CDBG/HOME Policy Plan provides guidance for applicants applying for 2020 funds on things such as eligibility, overview of the funding allocation process, regulatory requirements and local policy decisions. The allocation of CDBG and HOME funds are guided by the Strategic Plan which is a part of the Consolidated Plan. Kitsap County and the City of Bremerton have prepared a Consolidated Plan for 2016-2020 in order to implement our community’s federal program funds. The purpose of the plan is to evaluate community needs and set goals for the five year plan period. Through a Community Needs Assessment, Housing Market Analysis and with community and stakeholder input, the City of Bremerton has developed a Strategic Plan. The City of Bremerton’s Strategic Plan outlines the priorities and goals which guide the allocation of funds over the five year period. The funds allocated for the 2020 grant application cycle will be included in the Year 5, Action Plan associated with the 2016-2020 Consolidated Plan. The priorities identified for the five year period are as follows: •Revitalize targeted neighborhoods; •Improve and preserve affordable housing; •Expand economic opportunities for very-low, low, and moderate income Bremerton residents; •Abate Blight conditions downtown; •Increase homeownership opportunities for low to moderate income Bremerton residents. Policy Changes for 2020: 1.City of Bremerton HOME Funding priority will be for increasing affordable housing stock. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHAT IS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM? The Community Development Block Grant Program is a source of funds used in the local community to provide decent housing, suitable living environments and economic opportunities primarily for low and moderate income households. The City of Bremerton is designated as an Entitlement Community by the Department of Housing and Urban Development (HUD) and receives federal funds in the form of Community Development Block Grant (CDBG). Kitsap County and the City of Bremerton together form a consortium and receive an allocation of HOME Investment Partnership Program (HOME) funds. Through an interlocal agreement between the County and the City a percentage (as determined by HUD) of the annual allocation of HOME funds is designated for the City and the remaining designated for the County. As the City of Bremerton is designated as a separate Entitlement Community and therefore the City receives its own CDBG funds directly. CDBG funds are allocated annually through the City in Requests for Funding Proposals. 1 CDBG/HOME Policy Plan 2020 HOME funds are allocated annually through a competitive grant process coordinated by Kitsap County. Projects funded are included in the annual Action Plan submitted to HUD. Projects funded must address needs identified in the Consolidated Plan, which is updated every five years. CDBG FUNDS WHAT ARE CDBG FUNDS? The Community Development Block Grant (CDBG) program is a flexible program that provides communities with funding to address a wide range of unique community development needs. The program is authorized by Title I of the Community Development Act of 1974. Funds are used to assist in the development of decent housing, create suitable living environments, and expand economic opportunities primarily for persons of low and moderate income. All projects funded with CDBG must meet one of the three national objectives: 1.Principally benefit low and very low income households; 2.Reduce or prevent slum and blight; or, 3.Meet an urgent need (emergency or natural disaster) WHO IS AN ELIGIBLE APPLICANT/RECIPIENT? Eligible applicant/recipients include: •City or County governments •Public and private nonprofit organizations (501(c)3) •Section 301(d) small business investment companies •Local development corporations •Private for-profit organizations may implement certain capital, economic development and microenterprise activities (please contact the Block Grant Administrator to confirm if your activity is eligible). •Faith based organizations •Additionally, applicants must: •Demonstrate an active governing body or board of directors or other applicable leadership within your organization with skills and experience to provide leadership and direction to the agency. •Demonstrate the legal, financial, and programmatic ability to administer the proposed program/project; and, •Meet the City requirements for contracting agencies such as insurance requirements, audit and financial requirements. 2 CDBG/HOME Policy Plan 2020 FUNDING PRIORITIES All Projects MUST meet one of the following Consolidated Plan funding priorities: •Revitalize targeted neighborhoods; •Improve and preserve affordable housing; •Expand economic opportunities for very-low, low, and moderate income Bremerton residents; •Abate Blight conditions within the designated blight area (see map in Appendix F); •Increase homeownership opportunities for low to moderate income Bremerton residents. If the applicant cannot associate its project with one of the funding priorites listed above the project will be deemed ineligible for funding. For the 2020 Program Year Bremerton City Council has chosen the following priorities for use of funds: •Capital Projects in the Target Area (See map in Appendix F) o Focus on: Affordable Housing, Weatherization and Minor Home Repair, and Projects which create or support suitable living environments. •City-Wide Job Training Programs Proposals for Activities that do not meet these funding priorities will not be eligible for funding. WHAT ARE ELIGIBLE ACTIVITIES? This list is broken down by priority area. Please ensure your project both match a Council Priority and are an eligible activity. 1. Capital Projects in the Target Area which create suitable living environments Eligible activities are defined in the CDBG Federal program regulations at 24 CFR 570.201 and 570.207. Examples from CFR include: •Acquisition of real property by purchase, lease or donation; •Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements; •Childcare Center Improvements •Clearance, demolition and removal and rehabilitation of buildings and improvements; •Removal of material and architectural barriers; •Preservation, rehabilitation or restoration of historic properties; 3 CDBG/HOME Policy Plan 2020 2.Projects that create or support affordable housing, or weatherization and minor home repair, (Projects must take place within the Target area) Council has requested that any projects that lead to the creation or support of affordable housing will have additional preference during application review •Acquisition, rehabilitation of rental housing; •In Rem housing-CDBG funds may be used to make essential repairs and payment of operating expenses needed to maintain the habitability of housing units acquired through tax foreclosure proceedings in order to prevent abandonment and deterioration of such housing in primarily LMI neighborhoods; •Conversion of a closed building from one use to a residential use (such as a closed school building to residential units); •New construction must be undertaken by a Community Based Development Organization only; •Site clearance and site improvements; •Energy Efficiency improvements for homeowner or rental properties. 3. City-Wide Job Training Programs •Assistance to carry out economic development projects for job training purposes; The following activities are generally not eligible for CDBG funding: •New residential housing construction, except in special circumstances •Regular government operations •Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government (except for the removal of architectural barriers) •Income payments such as payments to individuals or families for food, clothing, or rent, except in certain circumstances •Political activities •Vehicles and Equipment Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to CDBG regulations in 24 CFR 570.201 and 570.207 Beneficiaries of projects receiving CDBG funds must have incomes below 80% of the area median income. LMI Housing National Objective If a grantee wishes to qualify a housing rehabilitation, acquisition or construction activity under the LMI national objective, the housing national objective must be used. LMI area, LMI limited clientele or LMI job creation may not be used.  A LMI household must occupy a structure with one unit. Two-unit structures must have at least one unit occupied by a LMI household. If the structure contains three or more units, at least 51 percent must be LMI occupied. 4 CDBG/HOME Policy Plan 2020  When housing rehabilitation or new construction single family housing activities are conducted by a CDFI or as part of a HUD-approved Neighborhood Revitalization Strategy multiple units (e.g. scattered site housing) may be aggregated for the purposes of meeting the LMI benefit national objective. Rental Housing (both new construction and rehabilitation) activities that provide or improve permanent residential structures can only qualify as benefitting LMI households under the Housing criteria of the LMI benefit national objective, which deals with the occupancy of units by LMI households.  The general rule is that 51 percent of the units in each assisted structure are to be occupied by LMI households. However, when rental housing activities are carried out by a CDFI or as part of an approved NRSA, multiple units (e.g. scattered site housing) may be aggregated for the purposes of meeting the LMI benefit National Objective. Rental Rates In order to meet the LMI housing national objective, rents in CDBG-assisted rental projects must be set at levels which are affordable to LMI persons. Grantees are required to adopt and make public their standards for determining “affordable rents” The generally accepted affordability standard is that households pay no more than 30 percent of income for rent and utilities. However, use of this standard is not required by CDBG regulations. Grantees may want to establish rent limits or ceilings based on local LMI limits and bedroom sizes. However, each project must be undertaken in such a manner as to ensure that rents are truly affordable to LMI persons. HOW MUCH MONEY IS AVAILABLE? CDBG programs are federally funded through the Department of Housing and Urban Development. Funding levels are determined by HUD after the Federal Budget is finalized, which often occurs after the program year has begun. The City of Bremerton estimates funding levels in order to start the grant application process; therefore, funding amounts shown in the table below are estimates. If HUD allocates a different amount to these programs than what was estimated, actual funding awards will be increased or decreased to accommodate the discrepancy. The estimated funds below are based on 2019 allocations and historic funding trends. The following table (on next page) shows an overall view of the total estimated amount of funds available in this application cycle by the application type and funding sources. Please note that the City of Bremerton is basing this estimate on an amount of $400,000. There is no designated amount for application type excluding any public service project, applicants are encouraged to apply for the amount of funding they need to complete a project. Please note that projects with multiple sources of funding will be more competitive than projects that are utilizing CDBG as their only funding source. 5 CDBG/HOME Policy Plan 2020 WHAT IS THE DISTRIBUTION OF CDBG FUNDS? The CDBG program allows certain set-asides to further specific program goals. The City has set additional funding targets to help meet local objectives. The following is the distribution for the City of Bremerton: CDBG •Planning & Administration – 20% max •City-Wide Job Training Programs •Capital Projects in Target Area o Projects which create units of affordable housing o Projects which create suitable living environments o Weatherization and Minor Home Repair Appendix C provides additional information designed to assist you in defining the eligibility and national objective that your activity meets and the type of information you will need to provide in your application. Estimated 2020 Entitlement $400,000 Estimated 2020 Program Income $5,000 2020 Total $405,000 2020 Funding Available for Grant Administration (20% of Entitlement + Program Income) $81,000 2020 Funding Available for Grant Applications $324,000 15% available for job training programs: $60,000 Total Remaining for Capital Projects: $264,000 *prioritization of capital projects will be for: affordable housing projects, weatherization and minor home repair, and projects which create suitable living environments. 6 CDBG/HOME Policy Plan 2020 HOME FUNDS WHAT ARE HOME FUNDS? The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: •Expand the supply of decent, safe, sanitary, and affordable housing; •Strengthen the abilities of state and local governments to provide housing; •Expand the capacity of nonprofit community based housing development organizations; and, •Leverage private sector participation in financing affordable housing. Beneficiaries of HOME funds – homebuyers, homeowners or tenants – must have incomes below 80% of the area median income. The HOME program also requires a match of 25% or greater in other non-federal funds for projects. WHAT ARE ELIGIBLE ACTIVITIES? The Eligible activities are defined in the HOME program regulations at 24 CFR 92.205. A list of some of the activities follows: •Rehabilitation of residential property where property is fully repaired •New construction of residential property •Acquisition of residential property •Rental assistance payments to tenants •Relocation associated with an eligible HOME project •A small part (up to 5%) of the annual HOME allocation may be used to help pay the operating expenses of designated Community Housing Development Organizations (CHDOs) within the guidelines established by HUD The following activities are generally not eligible for HOME funding: •Project reserve accounts, except for the initial 18 months of a HOME assisted new construction project •Emergency home repair programs •Public housing units •Commercial properties •Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be considered rental housing •Project based tenant assistance Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to HOME regulations in 24 CFR 92.205 What are the HOME priorities for the City of Bremerton? Projects must support affordable housing. For example: 7 •Preservation of affordable housing for new homeownership; •Increasing homeownership opportunities for low to moderate Bremerton residents; •Rehabilitation of older housing stock to increase homeownership opportunities. •Acquisition with or without rehabilitation of rental housing units •Rehabilitation of rental housing units •Site-Acquisition and new construction of new rental housing units. HOW MUCH MONEY IS AVAILABLE? •2018 CHDO: $35,921.41 •2019 CHDO: $35,921.41 •2020 CHDO: $35,921.41 •2019 HOME: $179,600 •2020 HOME: $179,600 •2018 HOME PI: $23,213.70 Total Amount Available for CHDO: $107,764.23 Total Amount Available for Non-CHDO: $382,413.70 Total Combined amount for funding (CHDO and non-CHDO funds): $490,177.93 Priorities: Projects which create or support affordable housing Preference will be given to a CHDO Agency undertaking one of the targeted activities above. Rental projects must serve households at or below 80% AMI. HOME assisted units must serve households at or below 60% AMI, with 20% serving at or below 50% AMI. HOME funds will be allocated via a separate process than CDBG funds. This process will be in coordination with Kitsap County of whom the City of Bremerton participates as a part of the Kitsap County HOME Consortium, however, the City will determine any prioritization of its own percentage of HOME funds. HOW ARE FUNDS ALLOCATED? The City of Bremerton, as a member of the Kitsap County HOME consortium will issue a joint RFP for use of City HOME funds. This RFP will have a NOFA attached which will be released in March of 2019. Following release of the NOFA, the City and County will release a joint RFP in April with a due date in May. The City independent from the County will create a Competitive Funding Application for CDBG funds based on its priorities for use of funds which is separate from the process used for HOME funds. The request for funding proposals will be released in June and a city-driven process will be used to determine funding allocations for CDBG. This process is detailed in the Citizen Participation Plan (Appendix A). The public is encouraged to participate in the process and its end product: the submission of an annual Action Plan to the Department of Housing and Urban Development. 8 ALLOCATION PROCESS CDBG/HOME Policy Plan 2020 CDBG/HOME Policy Plan 2020 HOW CAN MY ORGANIZATION APPLY? For the 2020 program year the application cycle will begin with the release of the Policy Plan in February and the commencement of a 30 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Bremerton City Council, the RFP for use of HOME funds will be made available. The City’s CDBG funding applications will be released in approximately May/June 2019. Interested organizations can find the funding application and all associated information on the City web site at http://www.ci.bremerton.wa.us/display.php?id=864. The schedule for the annual application cycle, including the due date for applications, is also available on the web site. Interested organizations may also contact Block Grant staff to request to be placed on the City interested parties list to receive automatic notices about these programs. WHEN WILL FUNDS BE AVAILABLE? Funds for the programs taking place in the January 1 – December 31 program year are generally not available until mid-summer of the program year. Timing is dependent on federal budget approval—which is often delayed—and how quickly HUD is then able to allocate funds to local jurisdictions. The City will not execute contracts with subrecipients until we have a contract from HUD. Once contracts are executed CDBG and HOME funds can only be disbursed on a reimbursement basis. POLICIES & REGULATIONS FOR USE OF FUNDS CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency does business. If you are applying for Federal funds for the first time, you are strongly encouraged to familiarize yourself with the requirements. A Guidebook for recipients of CDBG and HOME funds can be found on the City web site at: http://www.bremertonwa.gov/213/Subrecipient-CDBG-HOME-Guidebook. You may also contact the City Block Grant Staff for additional assistance. All new applicants for 2020, and applicants who are unfamiliar with Fluid Review will be required to attend a Technical Assistance session on July 26th beginning at 10:00 am in the Mayor’s Conference room on the 6th floor of the Norm Dicks Government Center. A.GENERAL REQUIREMENTS 1.Consistency with applicable City, County, and/or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards 9 CDBG/HOME Policy Plan 2020 Agencies that are currently receiving County or City CDBG or HOME funds, who are applying for funds, must be in compliance with all terms of their current agreement(s) and must not have outstanding audit findings, monitoring findings or concerns related to prior year’s funding. 2.Contract Retainage for Federal Compliance City will withhold up to 10% of the award amount included in the written subrecipient agreement until all federal compliance requirements are met. All construction contracts between a subrecipient (ie: your agency) and contractor shall have 10% of payment retained until fulfillment of federal compliance is documented. 3.Definition of Income Most CDBG and HOME funded projects use income to determine who is eligible for services or housing. Per HUD, income must be defined in one of two ways under the CDBG and HOME programs; subrecipients must select one method which it will use for the duration of each program/project (rental housing projects must use the Part 5 definition): Annual income as defined in 24 CFR 5.609, referred to as “Part 5 annual income”, or; Adjusted gross income as defined for reporting purposes under the IRS Form 1040 long form (not IRS Forms 1040A or 1040EZ). For more information on determining income see the Technical Guide for Determining Income and Allowances for these programs. This guide and can be downloaded from: http://archives.hud.gov/offices/cpd/affordablehousing/modelguides/1780.pdf 4.Project/Activity Delivery Costs The City does not currently take project/activity delivery costs. 100% of funds will go to each project that is awarded funds. 5.Commitment and Timely Expenditure of Funds In order to meet regulatory requirements the City and County have established the following policies for CDBG and HOME funded projects: CDBG: Job Training-Public Service Contracts: Organizations awarded CDBG funds for public service or micro enterprise programs must be ready to enter into a written agreement with the City during the award year and funds must be fully disbursed by Dec. 31st of that same year. Capital Awards: o 1. Organizations with an award of CDBG funds for a capital project must enter into written agreement (contract) in the award year. If there are extenuating circumstances beyond the organizations control and adequate progress is being made to resolve the issues, an additional year for execution of the written agreement will be granted to the organization. 10 CDBG/HOME Policy Plan 2020 o 2. The project must begin drawing grant funds within one year of the contract execution date. o 3. The project must be completed within 2 years of the contract execution date and meet milestones included in the written agreement, including the schedule for completion. o 4. The Agreement will not be amended to extend the term. Organizations unable to meet these requirements will lose their funding; funds will be re- allocated to another eligible project. The contract term may be considered for extension if there are extenuating circumstances beyond the organizations control and adequate progress is being made. o 5. In no circumstance can a project take more than 5 years to complete. HOME: HOME regulations require commitment of funds within 24 months. Due to this requirement City of Bremerton and Kitsap County (who is the contracting agency) requires the project HOME funds be ready to commit no later than 18 months from HUD’s Funding Agreement execution date. If after 18 months all project funding has not been secured, the conditional commitment will be canceled and the funds will be re- allocated. Staff will work with agencies during this time period to ensure the project is moving forward and can meet the timeline. Organizations awarded HOME funds must have all other funding sources committed (documented with letters of commitment) and all HOME requirements for environmental review and project underwriting completed before funds can be committed. Commitment is defined as having a fully executed written agreement with Kitsap County (the contracting agency for City HOME funds) and funds committed in HUD’s Integrated Disbursement Information System (IDIS). A conditional commitment of funds will be made for projects that do not have all project funds committed at the time of the funding recommendation. HOME funds require project completion no later than four years from HUD’s Funding Agreement execution date. Projects using HOME funds to acquire vacant land must be under construction within 12 months of the commitment date. Organizations must begin drawing funds within one year of the contract execution date (date the contract was executed) and at least annually thereafter. Organizations unable to meet these requirements will lose their funding; funds will be reallocated to another eligible project. Rental properties will be required to be leased up within six (6) months of project completion. Homeowner properties will be required to be sold within nine (9) months of project completion. For additional expenditure criteria and deadlines for use of 2020 (and prior years CHDO’s will be found in the Affordable Housing RFP for use of City of Bremerton HOME funds). 11 CDBG/HOME Policy Plan 2020 6.On-going Restrictions for CDBG & HOME Funded Capital Projects Recipient of CDBG funds must agree to restrict the use of the property, which was acquired and/or improved using CDBG funds, to the intended purpose for which the funds were awarded. Projects awarded HOME funds are subject to an affordability period which places certain restrictions on occupancy, resale, and rent for rental properties. The City may require a recorded document to be attached to the property to ensure the appropriate provisions are secured. See Appendix C for CDBG eligibility requirements. Neighborhood Revitalization Strategy Area The City of Bremerton has an approved Neighborhood Revitalization Strategy Area (NRSA) which matches the target area for use of CDBG funds (See attached map, Appendix F). NRSA benefits do not apply to HOME funds. Communities with approved Neighborhood Revitalization Strategy Areas are offered enhanced flexibility in undertaking economic development. This flexibility is designed to promote innovative programs in economically disadvantaged areas of the community. Areas of enhanced regulatory flexibility include: -Job creation or retention effort focused on the selected neighborhood may be classified as meeting the Low/Moderate Income (LMI) area benefit national objective requirements. •Businesses that receive such assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. •This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community’s job creation/retention programs. -Aggregation of housing units for which CDBG funds obligated during each program year and treat them as a single structure. -51 percent of total number of units must be occupied by LMI households. -This permits grantees greater flexibility in applying the LMI housing national objective criteria for the housing category. -In turn, grantees have flexibility in providing housing to residents of the NRSA neighborhood. -NOTE: The flexibility to aggregate housing units assisted does not change the requirement that homeownership assistance provided under 570.201 (n) must be provided only to LMI households. -Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards. -This reduces recordkeeping requirements. -This affords greater flexibility in selecting and implementing economic development activities, and reduces the amount and scope of information that grantees must collect and document regarding its programs. 12 CDBG/HOME Policy Plan 2020 B.HOME FUNDING - SPECIFIC REQUIREMENTS 1.For more information on specific rules and requirements of the HOME program, including determining whether your project is eligible, please see Appendix D. C.CDBG FUNDING - SPECIFIC REQUIREMENTS 1.For more information on specific rules and requirements of CDBG, including meeting a National Objective, please see Appendix C CDBG Eligibility & Program Requirements. D.FINANCIAL MANAGEMENT 1.Uniform Administrative Requirements Agencies must comply with 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. Agencies that do not meet the audit threshold for mandatory audits are encouraged to obtain an annual audit if their operating budget is $100,000 or greater. Smaller agencies are encouraged to obtain at least a third-party annual financial review. Block Grant Staff will review financial information closely for all agencies submitting application. 2.Audit Requirements Private non-profit agencies expending $750,000 or more in federal funds annually (whether CDBG / HOME alone or CDBG / HOME in conjunction with other federal funds) must have an annual audit conducted by an independent auditor in accordance with OMB Circular A-133 Compliance Supplement. Agencies are responsible to meet this audit requirement. Agencies that do not meet the $750,000 threshold mandatory A-133 audit are encouraged to obtain an annual audit if their operating budget is $100,000 or greater. Smaller agencies are encouraged to obtain at least a third-party annual financial review. Block Grant staff will review financial information closely for all agencies submitting application. E. PROCUREMENT Any subrecipient using CDBG or HOME funds to purchase goods or services must have a formalized written procurement procedure in place prior to contracting for any goods or services. Procurement requirements are contained in 2 CFR Part 200. Additional information on procurement requirements can be found in Section E of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program Website. 13 CDBG/HOME Policy Plan 2020 F.ENVIRONMENTAL REVIEW 1.Environmental Review (24 CFR Part 58) All CDBG/HOME projects must have a National Environmental Policy Act (NEPA) compliant environmental review process completed before any funds, including funds committed from other sources, can be spent on the project. Additional information on environmental review requirements can be found in Section F of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web sites. The costs associated with conducting a NEPA compliant environmental review for Capital CDBG and HOME funded projects may be charged to the grant award as project costs (HOME) or activity delivery costs (CDBG). Cost will vary depending on the level of review and complexity of the project and include staff time, cost of publishing required legal ads and printing costs. The cost of any studies required to complete the environmental review (i.e. Phase I Environmental Site Assessment, Geotechnical. Report, Cultural Site Assessment, etc.) will be in addition to the costs associated with preparation of the NEPA environmental review and will be the responsibility of the subrecipient. G.EQUAL OPPORTUNITY & ACCESSIBILITY 1.Fair Housing and Equal Opportunity All CDBG/HOME projects must comply with all of the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity: a.Title VI of the Civil Rights Act of 1964: No person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal assistance on the basis of race, color or national origin (24 CFR Part 1). b.The Fair Housing Act: Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status (24 CFR Part 100-115). c.Equal Opportunity in Housing: Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds (24 CFR Part 107). d.Age Discrimination Act of 1975: Prohibits age discrimination in programs receiving Federal financial assistance (24 CFR Part 146). e.For more information on eliminating discrimination visit www.hud.gov/offices/fheo/progdesc/title8.cfm 2.Handicapped Accessibility CDBG and HOME funded projects are subject to the following regulations governing the accessibility of Federally-assisted buildings, facilities and programs. a.Americans with Disabilities Act: Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. The Act requires certain buildings or 14 CDBG/HOME Policy Plan 2020 other facilities that receive Federal funds to be designed, constructed or altered in accordance with standards that insure accessibility to and use by physically handicapped people. b.Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of handicap. Additional information on equal opportunity and accessibility can be found in Section G of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web sites. H.LABOR STANDARDS & CONSTRUCTION 1.Equal Opportunity for Employment and Contracting CDBG and HOME funded projects are subject to the following regulations governing employment and contracting opportunities. a.Equal Employment Opportunity: Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000 (41 CFR Part 60). b.Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest extent feasible, opportunities for training and employment arising from CDBG or HOME funded projects will be provided to low-income persons residing in the program service area. c.Minority/Women’s Business Enterprise: Outreach to minorities and women in contracting for services (24 CFR 85.36(e)). 2.Labor Requirements CDBG and HOME projects must comply with certain regulations on wage and labor standards. Pursuant to the Davis-Bacon Act, federal wage rates apply to most (but not all) construction projects over $2,000. Applications that involve construction must consider Davis-Bacon wage rates in the budget. The costs associated with the review of Certified Payrolls and compliance with DBRA requirements may be charged to the grant award as project costs (HOME) or activity delivery costs (CDBG). Cost will vary depending on the complexity of the project a.Davis-Bacon and Related Acts: Ensures that mechanics and laborers employed in construction work under federally assisted contracts are paid the Federal prevailing wage for the locality. b.Contract Work Hours and Safety Standards Act: Provides that mechanics and laborers employed on federally assisted construction jobs are paid time and one-half for work in excess of 40 hours per week. c.Copeland (Anti-Kickback) Act: Governs the deductions from paychecks that are allowable. More information on Davis Bacon requirements can be found in Section I of the CDBG/HOME Guidebook City of Bremerton Block Grant Program web site. 3. Lead-Based Paint Hazard (24 CFR Part 35) Housing built before 1978, assisted with HOME or CDBG funds, is subject to the Lead- Based Paint Poisoning Prevention Act. The law imposes requirements related to: •Disclosure of known hazards and what has been done to reduce them; 15 CDBG/HOME Policy Plan 2020 •Treatment, relocation during treatment, and ongoing inspection of units. Project feasibility is an important consideration for housing with lead-based paint. Recipients of CDBG or HOME funds will need to be aware of the potential for additional time and cost associated with lead-based paint hazards. Information on Lead-Based Paint requirements can be found in Section I of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web site. 4.Compliance with Codes & Standards for Rehabilitation and New Construction a.All capital projects funded with CDBG or HOME must comply with local building and fire codes. b.All HOME funded Rehabilitation projects must comply with the Rehabilitation Standards adopted by the City of Bremerton Block Grant Program. c.All rental housing units purchased and/or rehabilitated with CDBG or HOME must pass a Uniform Physical Conditions Standards inspection. d.All housing must comply with the applicable accessibility requirements for persons with disabilities. I.REPORTING & MONITORING All programs and projects funded with CDBG or HOME funds will be required to submit quarterly reports. Reports will be provided by the Block Grant Program and may be submitted electronically. Annual on-site monitoring is conducted by staff for all open contracts. A monitoring checklist is used by staff to review compliance with the requirements of the written agreement and federal regulations. Agencies will be contacted at the end of the program year to schedule the monitoring visit. J.ACQUISITION & RELOCATION 1.Uniform Relocation Assistance & Real Property Acquisition (49 CFR Part 24) These regulations apply to any federally-assisted project involving acquisition, demolition or rehabilitation. Proposals for CDBG and HOME funded projects that are likely to cause displacement of people or businesses are discouraged. Any project that is likely to cause displacement must include relocation assistance payments in the budget and be consistent with the Federal Uniform Relocation Act. Projects which trigger this regulation must follow the Anti-displacement and Relocation Assistance Plan which can be provided to you by request. If your project includes acquisition, rehabilitation or demolition you are strongly urged to discuss the requirements with Block Grant staff before entering into any legally binding agreements. 2.Minimizing the Loss of Low and Very Low Income Dwelling Units (24 CFR Part 42) Any CDBG/HOME proposal that would directly result in any occupied or vacant occupiable low and very low income dwelling units being (1) demolished, or (2) converted to a use other than as low and very low income housing must include a realistic plan to provide replacement housing within three years of the commencement of the demolition or rehabilitation relating to conversion. Projects which trigger this regulation must follow the Anti -displacement and Relocation Assistance Plan which can be accessed by making a request to City Block Grant staff. 16 CDBG/HOME Policy Plan 2020 CITIZEN PARTICIPATION PLAN HUD requires a Citizen Participation Plan be adopted by jurisdictions receiving CDBG and HOME funds. The plan details the process used by the City in development of the Consolidated Plan and annual application cycle which results in the Action Plan submission to HUD. The City of Bremerton Block Grant Program Citizen Participation Plan can be found in Appendix A. CONSOLIDATED PLAN WHAT IS THE CONSOLIDATED PLAN? The Consolidated Plan rolls the planning, application and performance reporting requirements of several programs run by HUD into one process and one document. In our community the Consolidated Plan covers CDBG (Community Development Block Grants) and HOME (grant for affordable housing) programs jointly for the City of Bremerton and Kitsap County. The plan covers a 5-year period submittal of the 2020 action plan will be for year five. The Consolidated Plan requires a jurisdiction to identify all of its housing and community development needs, and then develop a long-term strategy for meeting those needs. A key part of the strategy is setting priorities. The Plan identifies priority housing needs, non-homeless special needs, homeless needs, economic development and community development needs. The Consolidated Plan also indicates what programs and resources will be used over the 5-year planning period. The plan contains objectives and strategies to address the identified needs and estimates the resources needed to fund activities to address the different needs. WHAT ARE THE KEY PARTS OF THE PLAN? A.Housing & Community Development Needs Assessment This is the part of the Plan that has U.S. Census Bureau information and other information which presents a picture of the jurisdiction. People are the focus of the “Needs” section of the plan. The emphasis is on the human side of housing and community development including the needs of homeless people, people with special needs and those who are low-income. B.The Housing Market Analysis This part of the Plan describes the physical “bricks and mortar,” side of housing – the supply side of housing. It looks at what housing exists. When the housing conditions in this part of the plan are lined up with human needs in the previous part of the plan, a clear picture of what must be done should emerge. 17 CDBG/HOME Policy Plan 2020 C.The Strategic Plan The Strategy is the part of the Consolidated Plan where the County and City sets out how it intends to use its CDBG and HOME funds from HUD’s Department of Community Planning and Development over the next five years. The strategy must declare what priority the local government will give to the various housing and community development needs identified earlier in the Consolidated Plan; the activities designed to respond to those needs; and the different geographic areas where needs exist. D.Annual Action Plan The Action Plan is the one-year plan a jurisdiction must have to show how it is carrying out its long-term Strategic Plan. It shows how the jurisdiction will spend its CDBG and HOME money in the upcoming year. The City of Bremerton use an annual application process through which funds are competitively awarded. Note: The full text of the Consolidated Plan is available on the City of Bremerton web sites and also available upon request. GLOSSARY A Glossary of terms has been included in Appendix G. 18 Appendix A Appendix A Citizen Participation Plan (Updated 2/15/2019) Appendix A CITY OF BREMERTON CITIZEN PARTICIPATION PLAN Introduction The City of Bremerton receives both Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds. The City receives its own CDBG funds as an entitlement, and HOME funds through its membership in a Consortium with Kitsap County. The City of Bremerton is committed to assuring opportunities for citizen involvement in decisions concerning activities taking place within the community. Each year the City of Bremerton is eligible to receive CDBG and HOME funds. There are specific rules and regulations governing the allocation and use of the funds, including provisions for citizen involvement in decision making. In order to facilitate citizen involvement, the City has adopted a Citizen Participation Plan. Purpose The purpose of the Citizen Participation Plan is to provide an on-going mechanism to ensure widespread citizen participation whereby all citizens have an opportunity to fully express their needs and wishes for community improvement. Special efforts will be made to encourage participation by: •Low- and moderate-income persons, particularly those living in blighted areas. •Residents of predominately low- and moderate-income neighborhoods. •Minorities and non-English speaking persons, as well as persons with disabilities. This plan provides opportunities for representation of all of the citizens of the City of Bremerton by allowing them to have a voice in the decision-making process and giving them greater power and control over activities taking place within their community. Annual Allocation Process / Action Plan Submission The City of Bremerton as an entitlement jurisdiction will conduct a competitive annual process to determine allocation of CDBG and HOME funds. The public is encouraged to participate in the process and its end product—the submission of an annual Action Plan to HUD. A.Notice of Funding Availability & Application Annually in the spring a notice will be published in the newspaper of record to announce funding availability and provide an opportunity for comment on the CDBG/HOME Policy Plan. This notice will begin a 30-day comment period on the Policy Plan (including the Citizen Participation Plan) and include the date and time of public hearings to take citizen comments. Notifications will also be sent to any agency or organization who requests to be placed on our interested parties email list. Appendix A Upon approval of the Policy Plan by the Bremerton City Council, information about the Request for Funding Proposals and mandatory technical assistance session for first time applicants will be available by request in writing to: City of Bremerton, Community Development Block Grant 345 6th Street, Suite 100, Bremerton, WA 98337-1873 http://www.bremertonwa.gov/209/Consolidated-Planning or by contacting Sarah Achaoui by email at: sarah.achaoui@ci.bremerton.wa.us or by phone at: 360-473-5375 B.Technical Assistance Techincal assistance information for potential applicants for funding will be found in Appendix B. At any time, any citizen may contact the City Block Grant staff for technical assistance, help with an application or general information in relation to programs described in this Plan. The Department will help citizens understand CDBG and HOME funded programs, the procedures for submitting proposals, the Citizen Participation Plan and other program requirements so they can effectively participate in CDBG and/or HOME programs and the funding process. Conflict of Interest a. No member of the Project Review Committee (PRC) shall be beneficially interested, directly or indirectly, in any grant applications which may be made by, through or under the recommendation of the PRC, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein (from RCW 42.23.030). b. No member of the PRC shall engage in any activity, including participation in the selection, award, or administration of a grant award or contract if a conflict of interest, real or apparent, exists. c. Additional information on Remote Interest can be found in the full Conflict of Interest Policy under Appendix E. C.Funding Recommendations & Action Plan Organizations submitting applications will be notified whether or not the Project Review Committee (PRC) has recommended their proposal for funding. The City Council will consider the staff recommendation, will hold a public hearing on the proposal, will take public testimony and will adopt the funding package. Notifications will include the date, time and place of the public hearings. All projects approved for funding will be included in the City’s Action Plan. A summary of each Action Plan will be published in the newspaper of record and on the City’s website. The summaries will describe the contents and purpose of the Appendix A Action Plans, and include a list of locations where copies of the entire proposed plans may be examined. Citizens will be provided a period of 30 days to review and comment on the plans. Comments or views of citizens will be considered, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the final Action Plan which will be submitted to HUD. The City of Bremerton will submit the Action Plan, including the projects proposed to be funded, to HUD no later than November 15th of each calendar year, unless HUD instructs the City not to submit until an appropriations bill has been enacted and HUD has notified the City of Bremerton of our actual allocation amounts. Five Year Consolidated Plan The Consolidated Plan is the result of a process set forth by the Department of Housing and Urban Development (HUD) to provide a planning and application process for the CDBG and HOME programs within a single document. The Kitsap County HOME Consortium is required to submit the Consolidated Plan for the HOME participating jurisdiction (which consists of Kitsap County and the City of Bremerton). The Consolidated Plan is available online at: http://www.bremertonwa.gov/209/Consolidated-Planning (scroll down for a link to the documents) A printed copy may be requested from the City of Bremerton Block Grant Divisions There are a number of specific elements in the 5-Year Consolidated Plan, including: •Needs Assessment: an assessment of housing needs (primarily of low and moderate income people) and needs of homeless people; •Housing Market Analysis: an analysis of the City of Bremerton’s and Kitsap County's housing market; •Strategic Plan: a discussion of the City of Bremerton’s and Kitsap County's priority needs to establish goals and objectives for implementing strategies which address housing and community development activities; •Citizen Participation Plan (Updated within the annually updated Policy Plan) •Annual Action Plan: describes the activities that will be undertaken to address priority needs utilizing HOME and CDBG grant funds during the upcoming program year (Submitted Annually); and •Consolidated Annual Performance and Evaluation Report (CAPER): describes how funds were used in activities that provided benefits to low and moderate income individuals and families during the previous program year. (Submitted Annually) Governments, service providers, citizens, and non-profit/for-profit agencies are encouraged to identify needs and priorities, assist in the development of strategies, and to participate in the annual allocation process. The following are specific opportunities for citizens to participate in the development of the information to be incorporated in the Consolidated Plan, which is updated every five years: 1.At least one community meeting will be held to obtain the views of citizens, public agencies, and other interested parties concerning housing and community Appendix A development needs, including non-housing community development needs and priorities during development of the plan. 2.The City of Bremerton will coordinate with the Bremerton Housing Authority (BHA) to encourage participation of residents of public and assisted housing and other low- income residents of targeted revitalization areas, in the process of developing and implementing the Consolidated Plan. 3.Agencies working with low- and moderate-income persons, particularly those living in blighted areas and residents of predominately low- and moderate-income neighborhoods, minorities, non-English speaking persons, and persons with disabilities will be contacted to encourage participation in the development of the Consolidated Plan. Amendments to the Annual Action Plan Citizens will be notified and have an opportunity to comment on any substantial amendments proposed to the Annual Action Plan. Substantial Amendments will be published in the City’s newspaper of record and be subject to a 30-day public comment period to allow for comment prior to implementation of the proposed amendment. Substantial Amendments may be forwarded for review by the appropriate PRC prior to submission to the Bremerton City Council for final approval. Comments or views of citizens will be considered at the public hearing, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the substantial amendment of the final Action Plan which will be submitted to HUD. Substantial amendments include: •Changes in the use of CDBG or HOME funds from one eligible activity to another •Adding a new activity •A substantial change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds and approved by the PRC. CDBG or HOME activities awarded funds which have a substantial change in the purpose, scope, beneficiaries, location or budget will be evaluated by Block Grant Staff and may be required to submit a new application for funding in the next application cycle. Projects not expending their full CDBG or HOME award will not trigger a substantial amendment. These funds will be re-obligated to new projects during the following year’s regular application cycle. Minor Changes: Any request for a change in the amount to be expended on a program or project budget line item, or a minor change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds, shall not be considered a Substantial Change requiring citizen notification and Annual Action Plan amendment; however, prior written approval of these changes must be obtained from the appropriate Block Grant Administrator. Appendix A Minor project changes may need to be formalized as an amendment to the sub- recipient Agency’s contract with the City. The Agency will submit a written request for change to the Block Grant Administrator stating the specific reasons for the requested increase or decrease in funding, or change in purpose, scope, location or beneficiaries. All requests will be reviewed, and approved or denied by the Block Grant Administrator. Performance Reports 1.The City of Bremerton Block Grant Division will prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to HUD no later than March 31st of each year for the previous calendar year. 2.The CAPER will be made available for public review. Notice will be published in the newspaper of record and copies will be available on the City’s website: •City of Bremerton: http://www.bremertonwa.gov/198/Federal-Grants---CDBG scroll down to the year and CAPER file desired. 3.Citizens will be provided a period of at least 15 days to review and comment on the CAPER. Comments or views of citizens will be considered in the report, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the CAPER and submitted to HUD. Public Hearings By law, public hearings are required in order to obtain the public’s view and to provide the public with the City’s responses to public questions and proposals. Annually a public hearing will be held in spring for the approval of the next year’s Policy Plan. A second hearing is held in November to review the proposed use of funds and adopt the Annual Action Plan. Notification of the public hearings and of comment periods will be published in the newspaper of record and will afford citizens, public agencies, and other interested parties a reasonable opportunity to examine the proposed plans and to submit comments. City of Bremerton public hearings will be held during Bremerton City Council meetings, which are held every first and third Wednesday of the month, at 5:30 pm in the meeting chambers of the Norm Dicks Government Center. Bremerton City Council agenda may be obtained at http://www.ci.bremerton.wa.us/155/City-Council. Public Comments Interested persons may submit comments in writing during the public comment periods, or orally at the public hearings. Written comments should be directed to: Appendix A Sarah Achaoui Community Development Block Grant Administrator City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Complaints All written citizen complaints will be referred to the appropriate person(s) or agencies for action. Under normal circumstances, the Block Grant Division will respond to the person making the complaint within 15 days. All complaints and responses will be kept on file. Resources Newspaper of Record: Notification will be placed in the following newspaper under Legal Notices at least ten days before a public meeting is held concerning a program described in this plan: City of Bremerton Block Grant – The Kitsap Sun Notices may also be published on City website: City of Bremerton Block Grant Program: http://www.bremertonwa.gov/198/Federal-Grants---CDBG The notice will indicate when and where the public meeting will be held. Meetings are often held at the following location: Norm Dicks Government Center, 1st Floor Meeting Chambers 345 6th Street Bremerton, WA 98337 Appendix B Appendix B Funding Process Appendix B Introduction The City of Bremerton is an entitlement community, and uses a competitive application process to find the best subrecipients to implement programs and activities around the City. The City has an independent funding process for its CDBG funds based on the prioritization of the City Council and utilizes a Project Review Committee to assist in making funding determinations. However the City still participates with the Housing and Homelessness Program (which administers Homeless Housing (HHGP), Affordable Housing (AHGP), and Consolidated Homeless Grant (CHG) Program) which has a combined funding & application process. These funds typically go to projects and programs which benefit the Homeless. This combined process includes a single application for funds, a single Grant Recommendation Committee (GRC) process and funding recommendation for use of HOME funds and Homeless Housing Grant Program. Funding recommendations are approved by the Kitsap Board of Commissioners for County CDBG/HOME funds and by the Bremerton City Council for City CDBG/HOME funds. For the 2020 application process the City of Bremerton will use the fluid review online system. This system will allow for a more streamlined application and review process. Applicants will no longer be required to provide paper copies of the application. Applications will be made available in a format accessible to persons with disabilities upon request. Application submittal instructions and due date are included in the Notice of Funding Availability (NOFA). The NOFA will be published on May 15, 2019. Applications must be submitted online and require access to the internet. 2020 Program Year Funding Specifics: The 2020 Program Year will have two competitive funding applications for: •City-Wide Economic Development emphasizing job training programs and; •Capital Projects in the target area with additional preference given to projects that create or support affordable housing, provide weatherization and minor home repair to housing units, or provide suitable living environments for Bremerton residents. Specific funding amounts for these applications and RFP will be detailed in the Notice of Funding availability which will be released to the public on May 15th. Appendix B Application Review & Project Review Committee Recommendation Process On May 15th, 2019 the City will publish a Notice of Funding Availability. Within this document will be information about the two funding applications which have the following priorities: -Capital Projects in the Target Area with additional emphasis on affordable housing, weatherization and minor home repair or projects which create suitable living environments for Bremerton residents and -City-wide economic development projects emphasizing job training programs. The Grant Recommendation Committee (GRC) will be used to review applications for HOME funds through the coordinated grant process. The City of Bremerton uses a separate Project Review Committee to review applications for CDBG funds. The Project Review Committee must adhere to the Conflict of Interest Policy in Appendix C. Applications will be initially reviewed by Block Grant Staff to determine compliance with technical requirements including eligibility for CDBG and/or HOME funds. Applications which are found not eligible for CDBG, HOME, Homeless Grant Program or Affordable Housing funds, will be disqualified and the applicant will be notified. Eligible applications will be reviewed and evaluated by staff for organizational and financial capacity, will be interviewed by the Project Review Committee, and a recommendation will be provided by the Project Review Committee and forwarded to City Council. The Council will review all recommendations, and select the projects for funding based how they address needs & objectives identified in the 2016-2021 Consolidated Plan. The details of the multi-level review process are listed below: Stage 1: Qualification Review Applications are reviewed for potential disqualification using the following process: 1. Applications are reviewed for completeness, soundness, and eligibility against the following criteria. Applications meeting one or more will be disqualified. At least two different staff members must agree that an application should be disqualified. a. Amount requested is not consistent among narrative questions, Sources of Financing form, budget form, and/or applicant information; b. Missing or blank attachments or forms or using old versions of forms; c. Project or applicant organization is not eligible for any of the funding sources; Appendix B d. Project does not meet a priority identified in the City of Bremerton Consolidated Plan (2016-2021) or does not meet a Bremerton City Council funding priority. e. Wrong application type is submitted for project. 2. Applicants will be notified of the results of the Stage 1 Review via email, either: a. Application is moving to Stage 2 and the applicant will be contacted to schedule an interview; or b. Application is disqualified and the basis for disqualification is provided. Stage 2: Review and Scoring Applications are reviewed and scored for organizational capacity, financial soundness, and project priority. 1. Staff members review and score all areas of the application utilizing scoring criteria specific to each application type. 2. Project Review Committee (PRC) members make funding recommendations using the following process: a. Review, evaluate, and score each application using review and scoring guides specific to each application type; b. Conduct interview with each applicant and score applicant interviews; interview length will depend on application type. CDBG Economic Development will have interviews consisting of the following: o 20 minutes in length which includes 10 minute agency presentation and 10 minute question/answer. Capital applications will have interviews consisting of the following: o 35 minutes in length which includes 15 minute agency presentation and 20 minute question/answer. c. Assign a priority ranking and recommend funding awards to applications. Stage 3: Funding Awards The funding recommendations go through a multi-step process, prior to finalizing the award amount. 1. Project Review Committee (PRC) – All Stage 2 applications will have a final score comprised of the staff application review score, PRC application review score, and PRC interview score. The PRC will use the finalized score of applications to assist in making the funding recommendations and contingencies. Appendix B 2.City of Bremerton City Council- The City Council receives the recommendations from the Project Review Committee, holds a public comment period and a public hearing, and makes awards and contingencies. 3.Federal CDBG and HOME funds- Applications awarded CDBG and HOME funds must be included in an Action Plan associated with the 2016-2021 Consolidated Plan and submitted to HUD for approval. The Action Plan cannot be finalized until the City of Bremerton receives the federal award amounts from HUD. 4.Final Awards – Funding recommendations were made based on estimated funds. Once the actual amounts are known awards will be adjusted based on the contingency set by the PRC’s and approved by the Bremerton City Council. Project Review Committee The Project Review Committee (PRC) will be formed consisting of three City of Bremerton staff members (Director-Department of Community Development, Assistant Finance Director, Community Development Project Assistant), one member from City Council, one representative from the Planning Commission and two citizens at large. (If a representative from the Planning Commission is unavailable, another citizen representative will serve in their place). The role of this committee is to read all applications and complete independent, scored reviews, review projects for community need and benefit, review evaluations, conduct interviews, and discuss, rank and recommend projects for funding. The appointees to this committee are appointed by the Mayor and confirmed by Bremerton City Council. The PRC will provide recommendations to City Council and the Council will have the opportunity to approve all the final recommendations. Applicant interviews will be conducted with the PRC. Applicants will have the opportunity to present their project and the PRC will have an opportunity to ask questions. At the conclusion of the interviews the PRC will formulate a funding recommendation for approval by the City of Bremerton City Council. Appointments for PRC members serving for the 2020 funding year were appointed in 2018 for a two year term. PRC members are appointed to serve a two year term and can be re-appointed to serve successive terms and/or additional terms. Appendix B Technical Assistance All applicants for funding who have never received City CDBG funding before, or have never used the fluid review system will be required to attend the technical assistance session. During the session, staff will provide information to citizens concerning who can apply for funds, funds expected to be available, the range of activities that may be undertaken, priorities for funding, application submission requirements including technical assistance in filling out the application, the application deadline, and how decisions concerning funding will be made. There will also be a workshop on how to use the Fluid Review system. In addition to the mandatory Technical Assistance described above, City Block Grant staff is also available by appointment for one-on-one Technical Assistance to provide guidance to citizens and organizations regarding specific project considerations. Please contact Block Grant staff to set up an appointment. At any time, any citizen may contact the City Block Grant staff for technical assistance, help with an application or general information in relation to programs described in this Plan. The Department will help citizens understand CDBG and HOME funded programs, the procedures for submitting proposals, the Citizen Participation Plan and other program requirements so they can effectively participate in CDBG and/or HOME programs and the funding process. This technical assistance session, for CDBG applicants will be held on July 26, 2019, from 10:00 am-12:00 pm at the Norm Dicks Government Center in the Mayor’s Conference room. Appendix C 51% of these units must be available to low/moderate income. Maintain records on the total cost of the activity, including both CDBG and non-CDBG funds. Screen households for family size and income eligibility. For rental housing, maintain records on rent charged (or to be charged) after assistance for each dwelling unit in each structure assisted. Affordable rents must be maintained for a period of five years after CDBG assistance. D. Job Creation or Retention Activities These are economic development activities which are designed to create or retain permanent jobs, where at least 51% of the jobs, computed on a full-time equivalent basis, can be documented to employ low and very low income persons for the geographic area where it is located. There are very specific elements of this national objective. Please contact the Community Development staff to discuss your project prior to submitting an application. CDBG FUNDING - SPECIFIC REQUIREMENTS 1. Reversion of Assets / Change-of-Use of CDBG Assisted Property All recipients must agree to restrict the use of the property, which was acquired and/or improved using CDBG funds, to the intended purpose for which the funds were awarded. The restriction will be based on the dollars invested and follow the guidelines in the chart below. This is to ensure compliance with HUD requirements and to ensure continued public benefit. Activity Dollar Threshold* Minimum Years Restricted Rehabilitation or Acquisition of existing facilities or housing (including homeownership assistance) Less than $15,000 $15,000 - $40,000 Greater than $40,000 5 Years 10 Years 15 Years New Construction or Acquisition of land for new construction Any $ amount 20 Years *Dollar threshold is per facility, or if housing, per unit for single family housing Appendix C Reversion of assets provisions require agency to transfer to the City any CDBG funds on hand at the time of expiration of the subrecipient agreement, any accounts receivable attributable to the use of CDBG funds, and any nonexpendable personal property that was purchased with CDBG funds 2. Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that CDBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDBG funds. 3. Guidelines for Economic Development Projects (24 CFR 570.209) City will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. 4. Supplanting (24 CFR 570.207) Federal regulations prohibit using CDBG funds to supplant (replace or substitute for) local funds for public services or ongoing responsibilities of general local government. The intent of this federal regulation is to prevent local government from using the availability of federal CDBG dollars as an excuse to reduce local funding commitments. Appendix C Appendix C CDBG Eligibility Requirements & Program Rules Appendix C CDBG NATIONAL OBJECTIVES AND ELIGIBILITY REQUIREMENTS Every CDBG activity must meet a national objective and must be eligible in order to be funded, and each CDBG applicant must be able to demonstrate eligibility based on data collected. The following information is provided to assist you in defining the eligibility and national objective that your activity meets and the type of information you will need to gather from the population you serve to provide to the City Block Grant office. Specific regulations that govern the CDBG program are available the Block Grant office. What are the National Objectives? (Benefit Criteria) An eligible CDBG activity must either I.Principally benefit low and very low income A.Area Benefit – a.Activity which is available to benefit all the residents of an area which is primarily residential. b.At least 51% of beneficiaries are low or very low income persons/households. c.Applicants will be responsible for defining the service area and City staff will check to ensure that it meets the Low Moderate Income (LMI) criteria. B.Limited Clientele 1. At least 51% of beneficiaries are low or very low income persons/households a.Presumed Benefit b.Agency Requires Client Information c.Income Eligibility Requirement (Direct Benefit) d.Nature/location 2.Removal of Architectural Barriers 3.Assistance to Owners of Microenterprises 4.Employment Support Services C.Housing Activities (Residential) a.51% of units must be occupied by low-and moderate-income households. b.Affordable rents must be maintained for 5 years D.Job Creation or Retention - Economic Development a.Must be located in a predominantly Low/Moderate (L/M) income neighborhood and serve the L/M income residents; or Appendix C b.Involve facilities designed for use predominantly by L/M income persons; or c.Involve the employment of persons, the majority of whom are L/M income persons. NEIGHBORHOOD REVITALIZATION STRATEGY AREA The City of Bremerton has an approved Neighborhood Revitalization Strategy Area (NRSA) which matches the CDBG target area. This NRSA allows for increased flexibility in undertaking economic development (L/M jobs) and housing activities with CDBG funds. Areas of enhanced regulatory flexibility include: -Job creation or retention effort focused in the NRSA may be classified as meeting the LMI area benefit national objective requirements. •Businesses that receive such assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. •This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community’s job creation/retention programs. -Aggregation of housing units for which CDBG funds are obligated during each program year and treat them as a single structure. o 51% of total number of units must be occupied by LMI households. o This permits grantees greater flexibility in applying the LMI housing national objective criteria for the housing category. -Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards thereby reducing recordkeeping requirements. -This affords greater flexibility in selecting and implementing economic development activities, and reduces the amount and scope of information that grantees must collect and document regarding its programs. II.Reduce or Eliminate Blight For the 2020 Program Year, the City will not fund any projects that qualify on a Slum Blight Basis. III. Meet an Urgent Need A. Urgent Need would be a natural disaster or federally declared disaster. Appendix C NOTE: The vast majority of CDBG activities funded are designed to benefit low and very low income persons and households. How Does A Project Meet a National Objective? I. Principally benefit low and very low income To meet this national objective, an applicant must document that the proposed project will benefit predominantly low and very low income persons or households. A low income person/household is one whose annual income does not exceed 80% of area median income -- a very low income person/household is one whose annual income does not exceed 50% of the area median income. HUD Income Limits for Bremerton are included in the Application each year. There are several different ways that CDBG activities can benefit low and very low income persons: A. AREA BENEFIT This criteria allows a project located in principally residential area to meet a National Objective by demonstrating that, based on the demographics of a project’s defined service area, at least 51% of the residents are low or very low income. Certain activities are a natural fit for area benefit, as they serve a geographic area, such as parks, neighborhood facilities, community centers and streets/sidewalks. Any activities that take place within the Neighborhood Revitalization Strategy Area would qualify on an Area Benefit as 72% of the residents are low or very low income. (Please consult with the Block Grant office to confirm your activity will qualify on an Low/Mod Area basis). Please contact the City Block Grant office for maps and more information on documenting your service area and determining eligibility under Area Benefit. Applicants must: Attach a map with the boundaries of the project's service area delineated (the surrounding geographic area in which all or most of the people benefiting from the project reside). Explain why that particular geographic area is the service area for the project; Indicate on the map residential and commercial areas within the service area boundary; and Provide documentation that 51%(City) or more of the residents within the service area are low and very low income persons/households utilizing the most recent census data as provided by HUD. Please contact the City or Block Grant office for maps and more information on documenting your service area. Appendix C B. LIMITED CLIENTELE An activity which benefits a limited clientele, at least 51% of whom are low or very low income persons/households. There are four types of activities in this category: 1.Presumed Benefit -- An activity may benefit one of the following groups who are presumed by HUD to be principally low and very low income: abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, migrant farm workers and persons living with HIV/AIDS. Applicants must: Demonstrate that the facility or service is designed for and used predominantly by one of the groups identified above. Demonstrate that your clientele meets HUD’s definition for the presumed group you serve, for example, homeless individuals must meet HUD’s definition and documentation requirements at https://www.onecpd.info/resources/documents/HomelessDefinition_Re cordkeepingRequirementsandCriteria.pdf 2.Require documentation on family size and income in order to show that at least 51 percent of the clientele are low income – This means your program can serve low and moderate income clientele if at least 51% of your clientele are low income. Agencies must keep information on client income and family size which can document whether or not 51% or more of the clientele are persons whose family income does not exceed low and moderate income limits for Kitsap County. Note: Income qualification criteria from other programs (such as state poverty guidelines) may be substituted provided those criteria are at least as restrictive as the HUD income limits. Applicants must: Provide documentation of the total number of clients/households served in 2020 (if this is an existing service); State what percent of the clients/households served in 2020 were low or very low income (or met criteria that are stricter); Appendix C Provide a copy of the income qualification criteria that were used to screen clients and to determine the percent that were low and very low income; Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and Agree to maintain documentation of the client's incomes for the CDBG contract period. 3.Income Eligibility Requirements (Direct Benefit) -- This means that the agency uses income screening to limit the benefits of the CDBG funded activity to only those persons who are low and very low income. For example, a housing counseling program would screen potential clients and use the CDBG funds to pay for the counseling only of those who are income eligible. Applicants must: Screen clients by family size and income; Provide a copy of the income qualification criteria that were used to screen clients to determine low and very low income status; Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and Describe how the program/project would limit the benefits of the CDBG funded activity exclusively to low and very low income persons/households. 4.Nature/Location of Activity Allows Conclusion of Primarily Low and Very Low Income Benefit -- This means that the activity is of such a nature and in such a location that it may be concluded that the clientele will be primarily low and very low income; for example, free childcare in an assisted housing project. Applicants must: Explain how the nature, and if applicable, the location of the proposed project, establishes that it is used primarily for low and very low income persons. In addition to the four activities described above, the following activities may qualify under the limited clientele national objective. •Removal of Architectural Barriers A project which removes material or architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned Appendix C non-residential buildings, facilities and improvements, and the common areas of residential structures containing more than one dwelling unit is considered a limited clientele activity. Note: This refers to the removal of existing barriers. It does not apply to new construction. •Assistance to Owners of Microenterprises When assistance is to be provided to a microenterprise (a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise) the owner must qualify as low or moderate income. Note: for microenterprise projects under the limited clientele national objective justification, the low income threshold applies only to the owner, there are no income requirements for the workers the owner employs. •Employment Support Services. If CDBG assistance is only provided for training or supportive services (peer support programs, counseling, child care, transportation, and other similar services) to assist business(es), the percentage of low and moderate income persons assisted may be less than 51% if the proportion of the total cost borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. For example: A new business moves into town and begins an on-site day care program for workers. The total cost of the day care is $10,000. There are 40 children, 3 of which meet qualifications as low and moderate income. The maximum amount chargeable to the CDBG program is $750.00. ($10,000/40 =$250 X 3 = $750). Applicants must: Maintain data documenting the total cost of the service, Screen clients by family size and income; and provide a copy of the client intake form highlighting the questions regarding family size and income levels; C. Housing Activities These are activities providing or improving permanent residential structures which are or will be occupied by low and very low income households. It does not include group homes or shelters for the homeless, which are considered limited clientele activities. Applicants must: Maintain a copy of the written agreement with each landlord or developer receiving CDBG assistance indicating the total number of dwelling units in each multi-unit structure assisted and the number of those units which will be occupied by low and moderate income households after assistance. Appendix D Appendix D HOME Eligibility Requirements & Program Rules Appendix D HOME ELIGIBILITY REQUIREMENTS AND PROGRAM RULES The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) to promote the following objectives:  Provide decent and affordable housing to lower-income households,  Expand the capacity of nonprofit housing services,  Strengthen the ability of local governments to provide housing, and  Leverage private-sector participation. What are Eligible HOME – Funded Activities? • Rental Housing: Affordable rental housing may be acquired and/or rehabilitated, or constructed. • Construction of new rental units • Rehabilitation or construction of affordable housing units • Down payment assistance to income-eligible homebuyers What are Eligible HOME Costs? • Developmental Hard Costs: HOME funds may be used for the actual cost of constructing or rehabilitating housing. Eligible costs include demolition of existing structures and improvements to the project site that are in keeping with improvements of surrounding, standard projects, and costs to make utility connections. • Acquisition Costs: HOME funds may be used for the costs of acquiring improved or unimproved real property. • Related Soft Costs: HOME funds may be used for other reasonable and necessary costs incurred by the owner and associated with the financing or development (or both) of new construction, rehabilitation, or acquisition of housing assisted with HOME funds. These costs include, but are not limited to: o Architectural, engineering or related professional services required to prepare plans, drawings, specifications or work write-ups; o Costs to process and settle financing for a project, such as a private lender origination fees, credit reports, fees for title evidence, fees for recordation and filing of legal documents, building permits, attorney fees, private appraisal fees and fees for an independent cost estimate, builders or developer fees; o Costs of a project audit; o Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants; Appendix D o Costs for new construction or substantial rehabilitation, the cost of funding an initial operating deficit reserve, which is a reserve to meet any shortfall in project income during the period of project run up and which may only be used to pay operating expenses, reserve for replacement and debt service. • Relocation Costs: HOME funds may be used for the costs of relocation payments and other relocation assistance for permanent or temporarily relocating individuals, families, businesses, and non-profit organizations, and farm operation where assistance is required. • CHDO Operating Expenses • Total HOME Assisted costs: HOME funds may be used to pay for all expenses from developmental hard costs through CHDO operating expenses. • Total Number of HOME Assisted Units: HOME funds may be used to pay for the costs of the total number of units that will be assisted with HOME funds. • HOME Costs per Unit: HOME funds may be used for the total HOME costs divided by the total number of HOME assisted units. What is a Community Development Housing Organization (CHDO)? A CHDO is a private nonprofit, community-based service organization that has obtained or intends to obtain staff with the capacity to develop affordable housing for the community it serves. A CHDO must meet certain requirements pertaining to their: • Legal status; • Organizational structure; and • Capacity and experience HOME program rules require that a minimum of 15% of HOME funds be set-aside for CHDOs. These funds can be used by the CHDO for HOME activities where the CHDO acts as the developer, sponsor, and/or owner of the housing. Due to regulatory changes in the HOME program, the 15% set-aside for Community Housing Development Organization (CHDO) projects must be awarded annually to a certified CHDO. HUD no longer grants a waiver for this requirement. There is a significant amount of funds available for a CHDO in this program year the funds are as follows: 2018 CHDO: $35,921.41 2019 CHDO: $35,921.41 2020 CHDO: $35,921.41 Total CHDO funds: $107,764.23 Appendix D Program Rules The HOME Program has specific program rules that applicants should be aware of when contemplating applying for funds. Some applicable program rules include but are not limited to: 1.HOME Project Completion Recipients of HOME funds will have 4 years from the commitment date (contract date) to complete projects/ Project completion means that all construction work and title transfer (if applicable) is completed and the final draw of HOME funds has been disbursed Rental Housing: Within six months from the date of project completion, if a HOME assisted rental unit remains unoccupied, the Block Grant office will provide to HUD information about current marketing efforts, and if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as possible. Within 18 months from the date of project completion, if efforts to market the unit are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds invested in the unit. Homeownership Housing: Priority for HOME funds will not be given to homeownership housing projects. 2.Affordability Period restrictions for HOME funded projects To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. The length of the affordability period depends on the amount of the HOME funds in the property and nature of the activity funded. Affordability periods range from 5 to 20 years and follow the guidelines in the chart below. Homeowner/Homebuyer Activities HOME assistance provided per unit Period of Affordability Under $15,000 5 years Between $15,000 to $40,000 10 years Over $40,000 15 years Appendix D Rental Housing Activities Activity Dollar Threshold** Minimum Affordability Period Rehabilitation of Acquisition of existing housing Less than $15,000/unit $15,000-$40,000/unit Greater than $40,000/unit 5 years 10 years 15 years Refinance of a Rehabilitation project Any $ amount 15 years New Construction (including land acquisition) or Acquisition of new housing Any $ amount 20 years 3.HOME Resale/Recapture Provisions For HOME, the Participating Jurisdiction (County) will designate in the written agreement whether Resale or Recapture (24 CFR 92.294(a)(5)) will be used for maintaining affordability for each HOME assisted property. Additionally, deed restrictions must be recorded on the property to ensure the affordability. 4.HOME Assisted Rental Housing The HOME Program requires that all households who occupy HOME units be low income. Property owners and operators must develop policies and procedures which address: Admission and Tenant Selection (including an Affirmative Marketing Plan) Lease Provisions & Occupancy At initial occupancy and during the period of affordability Block Grant staff will monitor the project for compliance with HOME requirements. The monitoring will include inspection of HOME assisted units and the property overall, review of policies and procedures, project financial information and tenant files. 5.CHDO Certification A Community Housing Development Organization (CHDO) must meet certain statutory requirements under the HOME program to be designated as a CHDO. CHDO activities must involve acquisition, construction or rehabilitation, and sale (homebuyer or rental) of housing to eligible households. To be a CHDO, an organization must have “demonstrated capacity for carrying out activities assisted with HOME funds.” There are specific requirements to be certified as a CHDO. Kitsap County Block Grant Program is required to certify that an organization qualifies as a Community Housing Development Appendix D Organization (CHDO) each time it commits CHDO set-aside funds to the organization. CHDO certification will be required before a commitment of set-aside funds is made. 6.Underwriting, Subsidy Layering Review & Developer Capacity Analysis Kitsap County, using guidelines it has established, will document that when HOME funds are used in combination with other government assistance in a project, no more subsidy is invested than necessary. Staff will also conduct a review of developer capacity and project fiscal soundness. A Conditional Commitment of funds will be made until all other project funding has been secured and documented. 7.Leveraging The City of Bremerton requires leveraging of HOME funds for homeownership housing projects. For every $1 of HOME funds committed, the project sponsor must show leveraged funding of $2 from other sources. 8.HOME Match Requirements THE HOME program requires a match of 25% for every HOME dollar spent. Block Grant staff is responsible for ensuring that the HOME Consortium is meeting this requirement. Staff will work with agencies to identify sources and levels of HOME match required on a project basis. The match requirements may be met in several ways: A.Non-Federal Cash or Cash Equivalent-acceptable sources of cash match include: a.Local or state general revenues b.Housing Trust Funds c.Foundations, donations d.State appropriations e.HFA reserves that are not federal funds (e.g. bond proceeds) f.The interest rate subsidy achieved by the exemption of state or local taxes g.Present value of the interest subsidy for loans made at rates below market B.Value of waived taxes, fees or charges associated with the project; C.Value of donated land or real property; D.Cost of infrastructure improvements associated with the project; E.A percentage of the proceeds of single or multi-family housing bonds issued by state or local government; F.Value of donated materials, equipment, labor and professional services; G.Sweat equity; H.Direct costs of supportive services to residents of the project; I.Direct cost of homebuyer counseling to families purchasing homes with HOME assistance. 9.Market Assessment Requirement Most housing development projects (includes acquisition, rehabilitation, new construction, down payment assistance) awarded HOME funds will be required to have Appendix D a Market Assessment. For HOME-funded direct homebuyer assistance that is not part of a HOME-funded development activity and homeowner rehabilitation activities, a market assessment is not required. It must be completed by the applicant (or consultant hired by the applicant) and submitted at the time of application for funding or before the commitment of funds. Block Grant Program staff will review the market Assessment to determine:  If a need for the type and number of housing units has been convincingly demonstrated;  If the developer/program will be able to sell the planned homebuyer units prior to the six-month deadline;  If the developer/program will be able to lease-up the planned rental units as expected, e.g. within the timeframe specified in the project pro-forma;  If the development will adversely impact existing affordable housing developments. 10. Site and Neighborhood Standards HOME funded rental projects that are newly constructed are subject to a site and neighborhood standards [24 CFR 92.202(b)] review by the Block Grant Program to determine that: 1. Site is adequate for proposed purpose 2. Project and location furthers compliance with fair housing laws 3. Site is not in an area of minority concentration-if the site is in an area of minority concentration, the Block Grant Program will determine that one or more of the following is true: a. The project will not increase significantly the proportion of minorities b. Sufficient comparable housing opportunities exist outside the area for minorities based on analysis of HUD-assisted housing c. Proposed project is necessary to meet overriding housing need that cannot otherwise be met d. Proposed project is integral to a neighborhood preservation strategy or integral to revitalization area strategy. 4. Project promotes greater choice of housing opportunities and avoids undue concentration of assisted persons 5. Proposed site is not seriously detrimental to family life 6. Proposed site is comparably accessible to broad range of services and facilities 7. Travel and access to jobs from proposed site is not excessive. Long Term Affordability One of the purposes of the HOME Program is to increase the supply of affordable housing units. To ensure that HOME investments yield affordable housing over the long term, HOME imposes Appendix D rent and occupancy requirements over the length of an affordability period. The length of the affordability period depends on the amount of the HOME funds in the property and nature of the activity funded. Affordability periods range from 5 to 20 years. Deed restrictions must be recorded on the property to ensure the affordability. Homebuyer activities will use either Resale or Recapture (24 CFR 92.294(a)(5) for maintaining affordability for each HOME assisted property. Kitsap County and City of Bremerton will designate in the written agreement (contract) the method to be used. Rental housing activities will carry rent and occupancy restrictions during the period of affordability. Affordability restrictions remain in force regardless of transfer of ownership. Resale for Homebuyer Projects All HOME assisted homebuyers subject to Resale provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required of the original and any subsequent buyer of the subject property during the term of the Period of Affordability: 1.The homebuyer must enter into restrictive covenant outlining resale requirements. 2.Subject property must be homebuyer’s principal residence at all times during the period of affordability. 3.Property is sold to an income qualified homebuyer with an income within the range of 51% and 80% of Area Median Income. The property must be sold at a price that is “affordable to a reasonable range of low-income buyers.” The sales price shall be set such that the amount of Principal, Interest, Taxes and Insurance does not exceed 30% of the new buyer’s annual income. The Kitsap County Block Grant Program must approve the resale price. 4.The owner shall receive a fair return on their investment. Fair Return on Investment means the total homeowner investment which includes the total cash contribution (excluding standard maintenance) plus the approved capital improvements as described below: a.The cost of any capital improvements documented with receipts provided by the homeowner, including but not limited to: i.Any additions to the home such as a bedroom, bathroom, or garage; ii.Replacement of heating, ventilation, and air conditioning systems; iii.Accessibility improvements such as bathroom modifications for disabled or elderly, installation of wheel chair ramps and grab bars, any and all of which must have been paid for directly by the Owner and which were not installed through a federal, state, or locally-funded grant program; and iv.Outdoor improvements such as a new driveway, walkway retaining wall, or fence b.All capital improvements will be visually inspected to verify their existence. Appendix D 5. The Housing Price Index (HPI) of the Federal Housing Finance Agency will be used as the index to determine fair return on investment. The percentage of change as calculated by the HPI projects what a house purchased at a point in time would be worth today if it appreciated (or depreciated) at the average rate for all homes in the areas. The calculation shall be performed for the Bremerton-Silverdale Metropolitan Statistical Area (MSA). 6. Calculating Fair Return on Investment: Calculating the Fair Return to the original homeowner would be as follows: a. Step 1: Owner cash contribution at closing + capital improvements x HPI% change = fair return on initial & capital investments. b. Step 2: The results are then added to the owner’s cash contribution + capital improvements to get the total return to the original homebuyer at sale. Recapture for Homebuyer Projects All HOME assisted homebuyers subject to Recapture provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining recapture requirements. 2. The PJ will record a lien on the property securing the asset until expiration of the Period of Affordability. 3. The homeowner may sell the home at any time during the Period of Affordability, to any willing buyer, and at the price the market will bear. 4. In the event of voluntary or involuntary sale during the Period of Affordability, the PJ will recapture the HOME investment as follows: a. The owner shall receive a fair return on their investment: portion of HOME funds recaptured will be based on shared net proceeds (down payment and any capital improvements, excluding standard maintenance, since purchase). Net Proceeds = [Sale Price]-[Non-HOME Debt]-[Closing Costs] b. A third party appraisal will determine fair market value. Housing Homeownership Requirements The HOME program requires that for all HOME assisted homeownership projects: 1. All of the HOME funds will benefit families whose incomes are at or below 80% of the area median income. 2. The assisted housing will be the owner’s principal residence. 3. The purchase price of the property or the appraised value of a property already owned, after rehabilitation will be less than 95 percent of the median area purchase price. The 2013 HOME Final Rule 24 CFR 92.254 (a)(2)(iii) is amended to eliminate the use of the 203(b) limit and to change the methods for determining 95% of area median purchase price. HUD will determine and issue limits that represent 95% of the area median Appendix D purchase price separately for newly constructed and existing single family housing units. Kitsap County Block Grant Program will use the HUD-issued limits. 4. All homebuyers that receive HOME assistance or purchase a unit developed with HOME funds must receive housing counseling. The Block Grant staff will review the housing counseling policies of sub recipients and owner/sponsor developers of homeowner housing to determine compliance with this requirement. 5. A subsequent low-income purchaser of a HOME-assisted homeownership unit may assume the existing HOME loan and recapture obligation entered into by the original buyer when no additional HOME assistance is provided to the subsequent homebuyer. 6. City of Bremerton HOME funded homeownership projects are capped at $30,000 per unit. 7. Subrecipients administrating homebuyer assistance programs must have and follow written policies for: a. Underwriting: Underwriting standards for homeownership assistance must address housing debt, overall household debt, the appropriateness of the amount of assistance, recurring household expenses, assets available to acquire the housing, monthly expenses of the household and financial resources available to the household to sustain homeownership. b. Predatory lending: (HUD will issue guidance on preventing predatory lending) c. Refinancing: The refinancing policy must address refinancing loans to which HOME loans are subordinated to ensure that the terms of the new loan are reasonable. Rental Housing Requirements Rental housing projects which include HOME assisted units must meet the affordability described in 92.252(e), the affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. At least 20% of HOME assisted rental units must be occupied by families who have annual incomes that are 50% or less of AMI. Properties with 5 units or less are exempt from this rule. Additionally the Block Grant Program must ensure that 90% of the total households served under HOME rental programs have incomes that do not exceed 60% of the AMI. The remaining households must not exceed 80% of AMI. Minority and Women Owned Businesses The HOME program requires the encouragement and use of minority and women owned business enterprises in the implementation of HOME program activities. Affirmative Fair Housing Marketing Plan All HOME-funded programs, including down payment assistance programs, must follow an affirmative marketing plan. The specific affirmative marketing procedures to be used will Appendix D depend on the type and size of the program or project. The Kitsap County-City of Bremerton HOME Consortium has an Affirmative Fair Housing Marketing Plan that clearly state what actions owners/managers must take to provide information to, and otherwise attract, eligible persons in the housing market who are unlikely to apply without special outreach. The extent of the affirmative marketing activities typically varies depending on the size of the property. Kitsap County HOME Consortium staff will evaluate the success of the affirmative marketing actions every year for each project. Owners and managers are required to retain certain records so staff can evaluate its results. Affirmative Marketing will be reviewed during annual on-site monitoring. Property and Construction Issues A. Compliance with Codes and Standards For all projects, the Block Grant office is primarily responsible for ensuring compliance with Federal requirements and meeting both project and program gorals. This is the case no matter what cost is funded under the HOME Program. 1. Acquisition of existing housing (no rehab. Or construction) 24 CFR 92.251 (c) Housing acquired with HOME funds must be inspected for health and safety at the time of title transfer. Block Grant staff will conduct an inspection using established standards. Any deficiencies will be noted and a date for correction and re-inspection will be communicated to the owner. HOME funds will not be disbursed for the acquisition until the project passes the inspection. 2. Rehabilitation of housing 24 CFR 92.251 (b) For any HOME-funding rehabilitation work, he housing must meet the Kitsap County/City of Bremerton Housing Rehabilitation Standards and County or applicable City Building Code. The Rehabilitation Standards address the following: • Health & Safety- the rehab. Standards specify the life threatening deficiencies that must be addressed immediately if a housing unit is occupied. • Remaining Useful life of major systems- An estimate of the remaining useful life of major system must be completed. Major systems include structural support, roofing, exterior cladding, weatherproofing (e.g. windows, doors, siding, gutters), plumbing electrical and heating, ventilation and air conditioning. o Major systems for rental housing- This must be done with a capital needs assessment for projects with 26 or more units. If the remaining useful life is less than the affordability period, the Block Grant Program will require replacement reserve deposits to ensure that the Appendix D project’s major systems and physical needs can be adequately maintained and addressed throughout the affordability period. o Major systems for homeownership housing- upon project completion, major systems must have a useful life of at least five years. o Lead based paint requirements-in accordance with 24 CFR Part 35. o Accessibility requirements, as applicable, in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act. o Disaster mitigation standards, in accordance with State and local requirements. o Rehabilitation work must comply with local codes, ordinances, and zoning requirements o Uniform physical conditions standards (UPCS) 3. New construction of housing 24 CFR 92.251 (a) All new housing projects constructed with HOME funds must have project specific material and methods or “construction specifications” for the project. The specifications and design plans will be reviewed by Block Grant staff to ensure that the amenities and aesthetic features of the project are in keeping with modest housing of similar type in the community. Projects will be required to obtain the necessary development permits from the jurisdiction where the project is located and copies of the signed-off permit & certificate of occupancy will be required for final reimbursement of funds. All new construction work must meet the International Code Council’s International Residential Code or International Building Code, whichever is applicable, and disaster mitigation standards in accordance with State and local requirements. In addition projects must meet the applicable accessibility requirements in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act. Block grant staff will review and approve written cost estimates, construction contracts and construction documents. In addition, staff will conduct construction progress and final inspections to ensure that work is done in accordance with the applicable codes, the construction contract, and construction documents. 4. Newly Constructed or Recently Rehabilitated Housing 24 CFR 92.251 (c)(1) Housing that has been newly constructed or rehabilitated within one year of the date of commitment of HOME funds must meet the applicable property standards [92.251(a)] for new construction and [92.251(b)] for rehabilitation. The Block Grant Office will document compliance based on a review of approved building plans and certificates of Appendix D occupancy and a property inspection that is conducted no earlier than 90 days before the commitment of HOME funds. 5. All Other Existing Housing –Rental For all other housing (housing not recently rehabilitated or newly constructed) that will be acquired (without rehabilitation) for rental housing, the property must meet the applicable standard for rehabilitation at 92.251(b). The Block Grant office will document compliance based upon a current inspection that is conducted no earlier than 90 days before the date of commitment of HOME assistance. If the property does not meet these standards, it cannot be acquired with HOME funds unless it is rehabilitated to meet this standard. 6. All other existing housing-Homeownership (Down Payment) Assistance Block Grant staff will utilize Uniform Physical Conditions Standards to ensure that existing housing acquired for homeownership is decent, safe, sanitary, and in good repair. 7. Manufactured Housing Property Standards [24 CFR 92.2251 (e)] Newly constructed manufactured housing and housing that replaces an existing substandard unit must be on a permanent foundation. For all rehabilitated manufactured housing, the foundation and anchoring must meet all applicable State and local codes and other requirements. All new construction of manufactured housing must meet the Manufactured Home Construction and Safety Standards codified at 24 CFR part 3280. All new manufactured housing must, at the time of project completion, be connected to permanent utility hook-ups and be located on land that is owned (or leased for a period at least as long as the affordability period) by the manufactured housing unit owner. Existing manufactured housing that is rehabilitated with HOME funds must meet the property standards applicable to rehabilitation, as outlined in 92.251(b). 8. On-going Property Standards for Rental Projects [24 CFR 92.251(f)] Properties must be maintained to meet all applicable State and Local Codes. Housing will be inspected using UCPS as the standard (replaces HQS). Housing must be free of all health and safety defects and any life-threatening deficiencies identified during inspection must be corrected immediately. Housing must also meet the lead-based paint requirements in 24 CFR part 35. B. Lead Based Paint Appendix D All housing funded with HOME and/or CDBG constructed before 1978 must comply with lead-based paint regulations at 24 CFR Part 35. The purpose of the regulation is to identify and address lead-based paint hazards before children are exposed to lead. Appendix E Appendix E Conflict of Interest Policy Appendix E Conflict of Interest Policy City of Bremerton Project Review Committee From time to time, community volunteers who are appointed to the Project Review Committee (PRC) have prior experience with one of the applicants or programs requesting grant funding. The following guidelines are intended to clarify what should happen in these cases to avoid real or perceived conflict of interest. 1) Conflict of Interest: a. No member of the PRC shall be beneficially interested, directly or indirectly, in any grant applications which may be made by, through, or under the recommendation of the PRC, in whole or in part, or which may be made for the benefit of his or her office, or accept directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein (from RCW 42.23.030) b. No member of the PRC shall engage in any activity, including participation in the selection, award, or administration of a grant award or contract if a conflict of interest, real or apparent, exists. 2) Remote Interest a. A PRC member is not interested in a contract, within the meaning of 1.a. above, if the member only has a “remote interest” in the contract and the extent of the interest is disclosed to the PRC and Staff at the beginning of the review process and is noted in the official minutes prior to the recommendation of the contract. (from RCW 42.23.040). i. As used in this section “remote interest” means: 1. That of a non-salaried officer of a non-profit corporation; 2. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; 3. That of a landlord or tenant of a contracting party; 4. That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party. Appendix E ii. Even if the PRC member’s interest is only remote, the member cannot influence or attempt to influence any other PRC member in the award of a contract they are remotely interested in. For purposes of this provision, influence or attempt to influence includes any of the following: 1. Scoring the grant application; 2. Discussing the grant application with other PRC members; 3. Joining the audience, acting on behalf of the applicant or interacting in any manner with members of the PRC. 4. PRC members should physically leave the room when the remaining PRC members discuss the matter. This removes any potential claim that the PRC member has attempted to exert undue influence over the other PRC members. 3. Potential Bias by Prior Association A. A PRC Member may have a “potential bias by prior association” if they have had an interest in the past, but do not meet these definitions during the time they are serving on the PRC, or who have personal prior experience with an applicant including serving as a board member in the past, being employed in the past, or being a current or past volunteer. In the event of a potential bias by prior association: i. The PRC member should disclose to the PRC and staff the nature of their prior association at the beginning of the application review process. 4. Conflicts Disclosed The staff should advise PRC members before the process begins that members need to disclose, in advance, any remote interest, potential bias by prior association that they have, or relatives serving as staff to any applicants. It is recommended that the disclosures be done in writing. 5. Voting and Recommendations a.The PRC member should recuse themselves from voting on any recommendation that would include applications in which they have a remote interest in or with whom they have a potential bias by prior association. b. If the final recommendations of the PRC are consolidated into a single motion, then the PRC member may participate in the vote so long as their Appendix E participation in the discussion does not influence or attempt to influence the outcome with respect to the applicant in which they have a remote interest in or with whom they have a potential bias by prior association. c. Occasionally members of the City Council will sit on the Board of Directors of organizations which are proposed to receive funding. In this instance, the Council member with the conflict of interest will state their conflict, leave the Dias, and return when voting has been completed. Because the votes are passed as one resolution, the Council member with the conflict will not be allowed to vote on the resolution as a whole. 6. Alternate PRC If there are two or more PRCs in a funding cycle or process, and a member has a conflict of interest, remote interest, or potential bias by prior association with an application that one of the PRCs is reviewing, that member may serve on a different PRC without reservation or restriction. Appendix F- Maps 6TH 5TH 4TH 11T H PARKWARRENCHESTERPACIFIC15 TH 13TH BURWELL WASHINGTONHIGHLAND1ST 2ND PLEASANTMCKENZIE7TH 8TH ELIZABETHLINCOLN14TH 10TH 16TH 9TH COGEANBROADWAYS H E L D O N 12TH 11TH STREET GREGORY 1 S T S T D OC K 14TH 13TH 12TH 9TH 8THCOGEAN10THBROADWAY8TH 12TH 7TH 8TH COGEAN9TH 9TH 7TH 8THBROADWAY12TH NRSA ¯ 0 0.25 0.50.125 Miles EVERGREEN ROTARY PARK F O U N T A I N P A R K Designated Blight Area CDBG/NRSA Target Area 2010 Census Tract Appendix G Appendix G Glossary Appendix G GLOSSARY Administrative Expenses. Those expenses directly associated with the recipient’s general administration of the CDBG or HOME programs, such as salaries, supplies, equipment, accounting, phones, audits, benefits, travel and indirect costs. Affordability. Affordability is achieved when a household’s rent or mortgage payment, plus utilities, does not exceed 30% of the monthly income for the targeted income group as adjusted for household size. Annual Action Plan: This document allocates one year’s funding to specific projects and activities for the CDBG and HOME programs. It is submitted annually to HUD, 45 days prior to the start of the City’s and County’s fiscal year or no later than November 15 and is developed in accordance with federal regulations (24 CFR Part 91). Architectural Barriers. Restrict mobility and accessibility of elderly or individuals with disabilities. Benefit Criteria. A CDBG activity must either principally benefit low or very low income persons, reduce or prevent slums and blight or meet a recent urgent need. These three objectives are the Benefit Criteria. Cash Flow. Gross income minus vacancy rate, operating expenses, reserves, debt service and taxes. Grant Recommendation Committee (GRC). A group of eight citizens meeting specific qualifications, who develop funding recommendations for City of Bremerton HOME funds. Citizen Participation Plan: This plan is prepared to facilitate and encourage public participation and involvement in the Consolidated Plan process and the City’s CDBG and HOME program, especially by low- and moderate-income persons. The plan identifies the public participation requirements as identified by federal regulations (24 CFR Part 91). Committed Funds. Funds committed to a project by a project funding source. The award amount, terms and uses of the committed funds are documented in a letter to the applicant. A copy of this award letter is included with the application for CDBG/HOME funds. Conditional Funds. Funds committed, with conditions, to a project by a project funding source. The conditions of the commitment, amount, terms, and uses are documented in a letter to the applicant. A copy of the letter is included with the application for CDBG/HOME funds. Appendix G Consolidated Annual Performance Evaluation Report (CAPER): This document reports on the progress in carrying out the Consolidated Plan and Annual Action Plan. The report is prepared annually by both the City and County in accordance with federal regulations (24 CFR Part 91). It is due to HUD no later than 90 days after the end of the program year or March 31. Consolidated Plan: This document serves as the City’s and County’s application for CDBG and HOME funds. It sets forth the priorities and strategies to address the needs of primarily low- and moderate-income persons and areas in the county. It typically covers a five-year time period. It is submitted to HUD 45 days prior to the start of the program year or no later than November 15 and is developed in accordance with federal regulations (24 CFR Part 91). Consultant Fees. Fees paid to a third party developer consultant for costs associated with implementation of a project. Entitlement Community. A local jurisdiction that receives an allocation of Community Development Block Grant funds directly from HUD. All participating jurisdictions are entitlement communities; however, not all entitlement communities are participating jurisdictions. Household: all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. Housing. Housing includes permanent housing units for sale or rent including; manufactured housing, permanent housing for disabled homeless persons, transitional housing, single-room occupancy housing, and group homes. Housing does not include emergency shelters or facilities such as nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional facilities, halfway houses, housing for students or dormitories. Interlocal Agreement. Agreements made to ensure the cooperation of units of local government which form consortiums for the purpose of obtaining funding. Low - and Moderate-Income Households (LMI): These are households earning less than 80% of the area median income (AMI). They are broken down into the following income designations: • Extremely Low-Income: households with incomes less than 30% of the area median family income adjusted for household size. • Low -Income: households with incomes between 31% and 50% of the area median income, adjusted for household size. • Moderate-Income: households with incomes between 51% and 80% of the area median income, adjusted for household size. Appendix G Low - and Moderate-Income Area Neighborhood (LMA): In general, this is defined as census tracts or block groups where a minimum of 51% of the residents have low or moderate incomes (i.e. not exceeding 80% of the area median income). Median Family Income: HUD releases income limits annually for its programs. Income limits are calculated using American Community Survey and Census data. Data for Kitsap County is based on the Bremerton-Silverdale Metropolitan Statistical Area (MSA). Incomes are indexed by household size. Neighborhood Revitalization Strategy Area: A specific neighborhood targeted by the City and approved by HUD. Communities with approved NRSA’s receive enhanced flexibility in undertaking economic development, housing, and public service activities with their CDBG funds. Operating Support. Financial assistance used to supplement the day-to-day operations of a project. Participating Jurisdiction. This term refers to cities, counties and consortia which receive an allocation of federal HOME funds directly from HUD. Persons with Disabilities. This term means a household composed of one or more persons, at least one of whom is an adult, who has a disability. A person is considered to have a disability if the person has a physical, mental, emotional or developmental impairment that is expected to be of long-continued and indefinite duration and substantially impedes his or her ability to live independently. Program Year: The program year for the City CDBG and HOME programs is January 1 through December 31, which is the same as the City’s fiscal year. Project Delivery Costs: Costs directly related to managing the project to the point of completion normally paid to a third party. Project Review Committee. This committee, made up of City of Bremerton staff, a member of the City of Bremerton City Council, Planning Commissioner and two citizen volunteers, evaluate, rank, and make funding recommendations to the Bremerton City Council for use of CDBG funds. Project Soundness. The feasibility, sensibility, and effectiveness of the project to meet a defined community need and the organizational strength and capacity to bring the project to completion. Proposed Funds. Funds which have been or will be requested from a potential project funding source. Relocation Expenses. Those costs paid to households or businesses when temporary or permanent relocation becomes necessary. Appendix G Single family housing: one to four-family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. Single room occupancy (SRO) housing: housing (consisting of single- room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). Special Needs Housing. Housing for special needs populations who require special housing-related services. This is also referred to as supportive housing. Special Needs Population. This population of people includes elderly and frail elderly; persons with mental, physical or developmental disabilities; persons with HIV/AIDS; persons with alcohol or drug addiction; victims of domestic violence; persons discharged from institutions (prison, jail, mental hospital, foster care). Transitional housing: housing that is designed to provide housing and appropriate supportive services to person, including (but not limited to) deinstitutionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children. It has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set. Uniform Physical Condition Standards (UPCS): Uniform national standards established by HUD pursuant to 24 CFR 5.703 for housing that is decent, safe, sanitary, and in good repair. Standards are established for inspectable items for each of the following areas: site, building exterior, building systems, dwelling units, and common areas. 2018 CDBG/HOME Accomplishments Kitsap Childcare and Preschool Playground Renovation Hazardous playground equipment and surfacing removed and age appropriate play equipment installed New equipment serves 72 children, 56 of which are extremely low income, 11 are very low income. This playground also serves the ECEAP and Head Start Program Coffee Oasis-HOPE Inc. 54 Homeless youth accessed job training programs and internships with local businesses. Of these 54 youth 36 accessed their overnight homeless shelter New Life Community Development Agency-Coder Dojo 73 youth age 7-17 accessed computer programming and STEM classes at the Marvin Williams Center Program was volunteer-led and 4 volunteer mentors participated Kitsap Community Resources Weatherization and Minor Home Repair Typical Improvements include new roof, improved insulation, accessibility Improvements 19 low-income households received improvements to their homes Quincy Square on 4th 1st public meeting held December 4th with about 50 community members in attendance. Site survey and archeological review completed in 4th Q. 2018. Formal approval from Mr. Quincy Jones received January 17, 2019 Larry Eyer Early Learning Center Project funded with 2014 and 2015 City of Bremerton Funds Construction Completed in 2018 39 children and 120 families benefitting from this Center Kitsap Community Resources Business Education Support and Training 35 persons graduated from the BE$T program in 2018 31 new businesses were assisted 55 existing businesses were assisted Community Frameworks Built in Bremerton and Bremerton Affordable Homeownership Program 2 homes rehabbed and sold to income eligible homebuyers Expanded the program to provide down payment assistance for a homebuyer to purchase any home on the market before after Council District 6 Richard Huddy Council District 4 Lori Wheat Council District 2 Leslie Daugs 2018 CDBG/HOME Accomplishments and 2020 CDBG/HOME Policy Plan Kitsap Childcare and Preschool Playground Renovation Hazardous playground equipment and surfacing removed and age appropriate play equipment installed New equipment serves 72 children, 56 of which are extremely low income, 11 are very low income. This playground also serves the ECEAP and Head Start Program *Funded with City funds not CDBG Coffee Oasis-HOPE Inc. 54 Homeless youth accessed job training programs and internships with local businesses. Of these 54 youth 36 accessed their overnight homeless shelter New Life Community Development Agency-Coder Dojo 73 youth age 7-17 accessed computer programming and STEM classes at the Marvin Williams Center Program was volunteer-led and 4 volunteer mentors participated Kitsap Community Resources Weatherization and Minor Home Repair Typical Improvements include new roof, improved insulation, accessibility Improvements 19 low-income households received improvements to their homes Quincy Square on 4th 1st public meeting held December 4th with about 50 community members in attendance. Site survey and archeological review completed in 4th Q. 2018. Formal approval from Mr. Quincy Jones received January 17, 2019 Larry Eyer Early Learning Center Project funded with 2014 and 2015 City of Bremerton Funds Construction Completed in 2018 39 children and 120 families benefitting from this Center Kitsap Community Resources Business Education Support and Training 35 persons graduated from the BE$T program in 2018 31 new businesses were assisted 55 existing businesses were assisted Community Frameworks Built in Bremerton and Bremerton Affordable Homeownership Program 2 homes rehabbed and sold to income eligible homebuyers Expanded the program to provide down payment assistance for a homebuyer to purchase any home on the market before after 2020 CDBG/HOME Policy Plan Plan provides guidance for applying for 2020 CDBG/HOME funds •Eligibility •Overview of the funding allocation process •Regulatory requirements •Local Policy Decisions CDBG Funding Priorities Projects must meet one of the following Consolidated Plan funding priorities: Revitalize targeted neighborhoods; Improve and preserve affordable housing; Expand economic opportunities for very-low, low, and moderate income Bremerton residents; Increase homeownership opportunities for low to moderate income Bremerton residents. In addition, projects must meet a City Council Priority: Capital Projects in the Target Area Focus on: Affordable Housing, Weatherization and Minor Home Repair, and Projects which create or support suitable living environments. City-wide Job Training Programs CDBG 2020 Program Year Calendar May 15-Notice of Funding Availability for 2020 CDBG Program Year July 15-Application goes live-links posted on City’s Website July 25-Technical Assistance Meeting (Mandatory for first time applicants) August 8th-Funding Applications due September 17-18-Funding Interviews September 20-Funding recommendations published for 30 day comment period November 20-Council meeting to adopt funding recommendations January 1-Program Year Begins HOME Funding Priorities Request for Funding Proposals (RFP) will be released May 1, 2019 due May, 29 2019. Eligible projects could include: Acquisition, rehabilitation or construction of affordable rental housing Construction of new rental units Down payment assistance to income-eligible homebuyers Projects which increase affordable housing stock HOME 2020 Program Year Calendar May 1-Affordable Housing RFP Issued May 29-Affordable Housing RFP Due June 18-19-Agency interviews if needed/review committee decision June 20-Funding recommendation published Questions? Sarah Achaoui CDBG/HOME Administrator City of Bremerton 360-473-5375 Sarah.Achaoui@ci.Bremerton.wa.us