Loading...
HomeMy WebLinkAbout06/10/2020 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, JUNE 10, 2020 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM - Via Live-Stream Video and/or Audio Remote Access To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Live-Stream Video and/or Remote Access. The Council Conference Room 603 will be closed, and all Council Members and staff will be participating remotely. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed on the June 17, 2020 City Council Virtual Meeting Agenda…  Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/85884911311?pwd=emNQRGJsd1V5c0VrL2NCeFJQcE5EZz09 Password: 209823  Or iPhone one-tap: US: +12532158782,,85884911311#,,1#,209823# or +16699006833,,85884911311#,,1#,209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): +1 360 415 1029 +1 253 215 8782 US +1 301 715 8592 US Citizens are always encouraged to send questions and comments to: City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA ITEMS 1. Contract with Insituform Technologies LLC for the 2020 Sewer Rehabilitation 2. Proposed Public Hearing on Resolution adopting the 2021 CDBG/HOME Policy Plan 3. Contract with Peninsula Community Health Services for Professional Services 4. Proposed Ordinance amending Chapter 2.50 of the Bremerton Municipal Code (BMC) entitled “Management and Professional Staff Compensation Program” by amending Section 2.50.032 relating to promotions and benefits 5. Confirm Appointment of John Payne to the position of Assistant Fire Chief at Pay Band 22, Rate 8 of the 2020 Management, Professional, Confidential and Fiduciary Salary Plan B. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (5/5/20 & 6/2/20 Meetings) – Chair Leslie Daugs o Other General Council Business C. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract with Insituform Technologies LLC for the 2020 Sewer Rehabilitation Study Session Date: June 10, 2020 COUNCIL MEETING Date: June 17, 2020 Department: PW&U - Engineering Presenter: William Davis Phone: (360) 473-2312 SUMMARY: The project will rehabilitate approximately 5,406 lineal feet of sanitary sewer using the cure-in-place-pipe (CIPP) method. The pipes range in size from 8-inch to 15-inch diameter. Two (2) bids were submitted, which were opened on May 20, 2020. The lowest responsive, responsible bidder was Insituform Technologies LLC, who submitted a bid in the amount of $ 432,085.80 including sales tax. ATTACHMENTS: 1. Contract; 2. Vicinity Map; and 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2020 Wastewater Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the contract for the 2020 Sewer Rehabilitation to Insituform Technologies LLC, in the amount of $ 432,085.80 (which includes sales tax); and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A1 City of Bremerton May 2020 2020 Sewer Rehabilitation CF-1 CONTRACT (Page 1 of 3) THIS AGREEMENT is dated the day of in the year 2020 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled 2020 Sewer Rehabilitation ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 90 calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1000 per day after the date of Substantial Completion. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________________ Contractor Initials City of Bremerton May 2020 2020 Sewer Rehabilitation CF-2 CONTRACT (Page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following which are either attached or incorporated herein by reference: -Notice Inviting Bids, -Bidders Checklist, -Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and allrequired certificates and affidavits, -Performance Bond, -Payment Bond, -Standard Specifications, -Amendments to the Standard Specifications, -Appendices, -Special Provisions, -Contract Plans, -Addenda numbers _____ to _____, inclusive. -Change Orders which may be delivered or issued after Effective Date of the Agreement and arenot attached hereto.There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, sub consultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract . _____________________ Contractor Initials City of Bremerton May 2020 2020 Sewer Rehabilitation CF-3 CONTRACT (Page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR (Signature) (Signature) By Greg Wheeler, Mayor By (Printed name) (Printed name) [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) City Attorney VICINITY MAP for 2020 SEWER REHABILITATON June 10, 20202020 SEWER REHABILITATION •SCOPE:•Insituform to rehabilitate approx. 5400 feet of gravity sewer using cure‐in‐place‐pipe (CIPP) method (trenchless technology).•Increases lifespan of aging sewers by an additional 50 years and requires little or no digging.•For this project, pipe diameters range in size from 8” to 15”.•Most of the pipe is located in the downtown core.•COST:  Approx. $432K.•SCHEDULE:  Video work to start in July, lining completed in September. Street Pipe Length (ft)4th. St. 5075thSt. 12556thSt. 1171Washington Ave. 1486MLK Way 680Chester Ave. 307 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 10, 2020 Proposed Public Hearing on Resolution adopting the 2021 CDBG/HOME Policy Plan COUNCIL MEETING Date: June 17, 2020 Department: DCD-Block Grant Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: The action before Council is adoption of the 2021 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 June 1st for public comment, and to date there have been no comments made. ATTACHMENTS: 1. Staff Memo; 2. Resolution and Exhibit A-2021 Policy Plan 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 adopting the 2021 CDBG/HOME Policy Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 To: Bremerton City Council From: Sarah Achaoui Date: June 1st, 2020 Re: Public Hearing to adopt the 2021 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 2021 1. City of Bremerton HOME Funding priority will be for increasing affordable housing stock. 2. The NOFA will be for CDBG, housing rehabilitation, economic development microenterprise assistance, and public facilities and infrastructure that meet the priorities outlined above and contained in the Consolidated Plan. Funding Priorities To stay consistent with the past year(s) the funding priorities for CDBG funds are as follows:  Capital projects in the City which demonstrate Low/Mod benefit  Infrastructure and Capital improvements projects  Projects which improve and preserve affordable homeownership housing;  Expand economic opportunities for very-low, low, and moderate income Bremerton residents;  The City will reevaluate funding priorities during each program year with the release of its Policy Plan and NOFA. FY 2020 Income Limits All projects will utilize the HUD FY 2020 Income Limits. As a statutory requirement these income limits which are based off the Bremerton-Silverdale MSA must be used. When FY 2020 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 15-day public comment period commenced June 1, ending June 16th. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 1 2021 CDBG/HOME Policy Plan RESOLUTION NO. ____ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2021 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 2021 CDBG allocation of $450,000 with 20% set-aside for administration; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2021 HOME allocation of $206,149, 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 Sunday, May 31st a 15-day written public comment period commencing June 1st, ending June 16th, 2020, and open for public comment in a public hearing on June 17th; 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 2021 CDBG/HOME Policy Plan attached hereto as Exhibit A is hereby adopted. 2 2021 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 _____________, 2020. ____________________________________ ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ____________________________________ ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk City of Bremerton Community Development Block Grant 2021 CDBG/HOME POLICY PLAN 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 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 – Glossary CDBG/HOME Policy Plan 2021 1 Executive Summary The 2021 City of Bremerton CDBG/HOME Policy Plan provides guidance for applicants applying for 2021 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 2021-2025 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 2021 grant application cycle will be included in the Year 1, Action Plan associated with the 2021-2025 Consolidated Plan. The priorities identified for the five year period are as follows: •Capital projects in the City which demonstrate Low/Mod benefit •Infrastructure and Capital improvements projects •Projects which improve and preserve affordabl housing; •Expand economic opportunities for very-low, low, and moderate income Bremerton residents; •The City will reevaluate funding priorities during each program year with the release of its Policy Plan and NOFA. Policy Changes for 2021: 1. City of Bremerton HOME Funding priority will be for increasing affordable housing stock. 2. The NOFA will be for CDBG, housing rehabilitation, economic development microenterprise assistance, and public facilities and infrastructure that meet the priorities outlined above and contained in the Consolidated Plan. 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 CDBG/HOME Policy Plan 2021 2 designated for the County. As the City of Bremerton is designated as a separate Entitlement Community and therefore the City receives its own CDBG funds directly. CDBG funds are allocated annually through the City in Requests for Funding Proposals. HOME funds are allocated annually through a competitive grant process coordinated by Kitsap County. Projects funded are included in the annual Action Plan submitted to HUD. Projects funded must address needs identified in the Consolidated Plan, which is updated every five years. CDBG FUNDS WHAT ARE CDBG FUNDS? The Community Development Block Grant (CDBG) program is a flexible program that provides communities with funding to address a wide range of unique community development needs. The program is authorized by Title I of the Community Development Act of 1974. Funds are used to assist in the development of decent housing, create suitable living environments, and expand economic opportunities primarily for persons of low and moderate income. All projects funded with CDBG must meet one of the three national objectives: 1.Principally benefit low and very low income households; 2.Reduce or prevent slum and blight; or, 3.Meet an urgent need (emergency or natural disaster) WHO IS AN ELIGIBLE APPLICANT/RECIPIENT? Eligible applicant/recipients include: City or County governments Public and private nonprofit organizations (501(c)3) Section 301(d) small business investment companies Local development corporations Private for-profit organizations may implement certain capital, economic development and microenterprise activities (please contact the Block Grant Administrator to confirm if your activity is eligible). Faith based organizations (restrictions may apply to ensure equal employment opportunity) 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. CDBG/HOME Policy Plan 2021 3 FUNDING PRIORITIES All Projects MUST meet one of the following Consolidated Plan funding priorities: Capital projects which can demonstrate benefit to low/moderate income residents; Improve, create new units of, and preserve affordable housing; Expand economic opportunities for very-low, low, and moderate income Bremerton residents; For the 2021 Program Year the following priorities for use of funds will be: Capital Projects which can demonstrate a benefit to low/moderate income residents City-Wide Economic Development projects City-Wide projects which create, develop, support, or preserve units of affordable housing. Public Facility and Infrastructure projects WHAT ARE ELIGIBLE ACTIVITIES? Please contact CDBG staff to ensure your project is both an eligible activity and meets a national objective. 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.  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. CDBG/HOME Policy Plan 2021 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 2020 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, 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. 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: 4 CDBG/HOME Policy Plan 2021 5 CDBG Planning & Administration – 20% max City-Wide Economic Development Projects Capital Projects which can demonstrate a low/moderate income benefit 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 2021 Entitlement  $450,000  Estimated 2021 Program Income  $5,000  2021 Total  $455,000  2021 Funding Available for Grant Administration (20% of  Entitlement + Program Income)  $91,000  2021 Funding Available for Grant Applications  $364,000  15% available for economic development programs (if a  public service activity):  $67,500  Total Remaining for Capital Projects:   $296,000  *prioritization of capital projects will be for: affordable housing projects, weatherization and minor home repair, and  projects which create suitable living environments.   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; CDBG/HOME Policy Plan 2021 6 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? Preservation of affordable housing; Increasing affordable housing opportunities for low to moderate Bremerton residents; Rehabilitation of older housing stock to increase affordable housing 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. CDBG/HOME Policy Plan 2021 7 HOW MUCH MONEY IS AVAILABLE? Priorities: Projects which create or support affordable housing 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. ALLOCATION PROCESS 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. The RFP, issued jointly with the City of Bremerton, will be for HOME funded affordable housing and include both County and City HOME funds. Homebuyer assistance will be a lower priority and funding for new construction of homeowner housing will not be available. City of Bremerton HOME funds will be prioritized for rental and homeowner projects including acquisition, new construction, rehabilitation and homebuyer assistance. 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 August 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. HOW CAN MY ORGANIZATION APPLY? For the 2021 program year the application cycle will begin with the release of the Policy Plan in June and the commencement of a 15 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Bremerton City Council, the RFP for use of HOME funds will be made available. The City’s CDBG funding applications will be released in approximately July/August 2020. 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. CDBG/HOME Policy Plan 2021 8 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 24th beginning at 10:00 am in the Mayor’s Conference room on the 6th floor of the Norm Dicks Government Center. If necessary, we may need to conduct the meeting virtually. Details will be provided closer to the date of the TA Session. A.GENERAL REQUIREMENTS 1.Consistency with applicable City, County, and/or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards Agencies that are currently receiving County or City CDBG or HOME funds, who are applying for funds, must be in compliance with all terms of their current agreement(s) and must not have outstanding audit findings, monitoring findings or concerns related to prior year’s funding. 2.Contract Retainage for Federal Compliance City 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): CDBG/HOME Policy Plan 2021 9 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. 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- CDBG/HOME Policy Plan 2021 10 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 2021(and any prior years CHDO’s will be found in the Affordable Housing RFP for use of City of Bremerton HOME funds). 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. 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. CDBG/HOME Policy Plan 2021 11 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. 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 CDBG/HOME Policy Plan 2021 12 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 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/HOME Policy Plan 2021 13 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; 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. CDBG/HOME Policy Plan 2021 14 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. 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 CDBG/HOME Policy Plan 2021 15 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 2021 action plan will be for year one. 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. 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. CDBG/HOME Policy Plan 2021 16 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 F. Appendix A Appendix A Citizen Participation Plan (Updated 5/27/20) 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 generally in the spring or early summer a legal ad 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 D. C.Funding Recommendations & Action Plan Organizations submitting applications will be notified whether or not the Project Review Committee (PRC) has recommended their proposal for funding. The City Council will consider the staff recommendation, will hold a public hearing on the proposal, will take public testimony and will adopt the funding package. Notifications will include the date, time and place of the public hearings. All projects approved for funding will be included in the City’s Action Plan. A summary of each Action Plan will be published in the newspaper of record and on the City’s website. The summaries will describe the contents and purpose of the Action Plans, and include a list of locations where copies of the entire proposed Appendix A 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 development needs, including non-housing community development needs and priorities during development of the plan. Appendix A 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. For any amendments made as a result of the COVID-19 Pandemic and as a response to use of any CDBG-CV funding the City will utilize a 5 day public comment period as outlined by HUD. 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 2021 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 June 23, 2020. Applications must be submitted online and require access to the internet. 2021 Program Year Funding Specifics: The 2021 Program Year will have two competitive funding applications for: •City-Wide Economic Development which includes job training programs; •Capital Projects in the City which can demonstrate low/mod clientele or area wide benefit. •Public Facility and Infrastructure Projects. 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 June 23, 2020. Application Review & Project Review Committee Recommendation Process Appendix B  On June 23, 2020 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 City which can demonstrate a low/mod clientele or area wide benefit. Projects can include affordable housing, weatherization and minor home repair or projects which create suitable living environments for Bremerton residents and -City-wide economic development projects including 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 2021-2025 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; d.Project does not meet a priority identified in the City of Bremerton Consolidated Plan (2021-2025) or does not meet a Bremerton City Council funding priority. e.Wrong application type is submitted for project. Appendix B  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. 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 2021-2025 Consolidated Appendix B  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 are made annually. PRC members are appointed to serve a two year term and can be re-appointed to serve successive terms and/or additional terms. Technical Assistance All applicants for funding who have never received City CDBG funding before, or have never used the fluid review system will be required to attend the technical assistance session. During the session, staff will provide information to citizens concerning who can apply for funds, funds expected to be available, the range of activities that may be undertaken, priorities for funding, application submission requirements including technical assistance in filling out the application, the application deadline, and how decisions concerning funding will be made. There will also be a workshop on how to use the Fluid Review system. Appendix B  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 24, 2020, from 10:00 am-12:00 pm at the Norm Dicks Government Center in the Mayor’s Conference room. It may be necessary that this meeting take place virtually. This will be determined closer to the meeting date. 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. II. Reduce or Eliminate Blight III. Meet an Urgent Need A. Urgent Need would be a natural disaster or federally declared disaster. NOTE: The vast majority of CDBG activities funded are designed to benefit low and very low income persons and households. 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. Appendix C  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. 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 Appendix C  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); 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: Appendix C  Explain how the nature, and if applicable, the location of the proposed project, establishes that it is used primarily for low and very low income persons. In addition to the four activities described above, the following activities may qualify under the limited clientele national objective. •Removal of Architectural Barriers A project which removes material or architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned non-residential buildings, facilities and improvements, and the common areas of residential structures containing more than one dwelling unit is considered a limited clientele activity. Note: This refers to the removal of existing barriers. It does not apply to new construction. •Assistance to Owners of Microenterprises When assistance is to be provided to a microenterprise (a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise) the owner must qualify as low or moderate income. Note: for microenterprise projects under the limited clientele national objective justification, the low income threshold applies only to the owner, there are no income requirements for the workers the owner employs. •Employment Support Services. If CDBG assistance is only provided for training or supportive services (peer support programs, counseling, child care, transportation, and other similar services) to assist business(es), the percentage of low and moderate income persons assisted may be less than 51% if the proportion of the total cost borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. For example: A new business moves into town and begins an on-site day care program for workers. The total cost of the day care is $10,000. There are 40 children, 3 of which meet qualifications as low and moderate income. The maximum amount chargeable to the CDBG program is $750.00. ($10,000/40 =$250 X 3 = $750). Applicants must: 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; Appendix C  C. Housing Activities These are activities providing or improving permanent residential structures which are or will be occupied by low and very low income households. It does not include group homes or shelters for the homeless, which are considered limited clientele activities. Applicants must: Maintain a copy of the written agreement with each landlord or developer receiving CDBG assistance indicating the total number of dwelling units in each multi-unit structure assisted and the number of those units which will be occupied by low and moderate income households after assistance. 51% of these units must be available to low/moderate income. 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 Appendix C  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 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 D  Appendix D Conflict of Interest Policy Appendix D  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 D  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 D  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  Appendix F Glossary Appendix F  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 F    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 F    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 F    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. 2021 CDBG/HOME CDBG/HOME Policy Plan 2021-2025 Consolidated Plan Updates to Consolidated Plan include: Removal of Target Zone Opening of funding priorities to include: Capital Projects which can demonstrate a low/moderate income benefit either through clientele or on an area-wide benefit. Infrastructure, Public Facility and Capital Improvement projects Projects which support, preserve or develop units of affordable housing Economic Development Projects/Programs which include microenterprise and job training public service CDBG Funding Priorities Projects annually must meet a Consolidated Plan Priority. The priorities have been kept relatively wide open this cycle. Council will have the opportunity to focus the priorities annually Projects must still meet a national objective and be an eligible activity 2021 CDBG/HOME Policy Plan Plan provides guidance for applying for 2021 CDBG/HOME funds •Eligibility •Overview of the funding allocation process •Regulatory requirements •Local Policy Decisions Timing of Adoption of Policy Plan Adoption of the Policy Plan allows for us to begin the funding process for 2021 We have our funding priorities in place in our Consolidated Plan which allows us to begin the funding process (interviews:9/21- 9/24) Once we have our projects selected they will be entered into our year one action plan which will be submitted as a component of our Consolidated Plan: (released for public comment: 9/28, public hearing 11/4) The Policy Plan also contains the Citizen Participation Plan which is an important document which outlines how we will pursue Citizen Participation for the Consolidated Plan and following Action Plans CDBG 2021 Program Year Calendar June 23-Notice of funding availability posted on City’s website July 13-Application goes live-links posted on City’s Website July 24-Technical Assistance Meeting (Mandatory) July 22-July 30-Technical Assistance Available by appointment August 7th-Funding Applications due September 21-24-Funding Interviews September 28-Funding recommendations published for 30 day comment period November 4-Council meeting to adopt funding recommendations November 15-Consolidated Plan and Year One Action Plan due to HUD January 1-Program Year Begins HOME Funding Priorities Mandatory pre-application appointments for HOME project proposals (June 22-July 1) July 2nd Request for proposals for HOME funding 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 Questions? Sarah Achaoui CDBG/HOME Administrator City of Bremerton 360-473-5375 Sarah.Achaoui@ci.Bremerton.wa.us AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 10, 2020 Contract with Peninsula Community Health Services for Professional Services COUNCIL MEETING Date: June 17, 2020 Department: Fire Presenter: Pat McGanney, Fire Chief Phone: (360) 473-5380 SUMMARY: The Professional Services Contract is for primary health care and behavioral health care partnership. This will allow patients that call 911 for non-emergent needs to receive the care and resources that they truly need and leave fire department resources available for more critical emergencies. ATTACHMENTS: Professional Services Contract FISCAL IMPACTS (Include Budgeted Amount): $50,000 that is in the 2020 Fire 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 Contract with Peninsula Community Health Services; 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 A3 CONTRACT FOR PROFESSIONAL SERVICES This Contract for Professional Services (the "Contract") is entered into by the City of Bremerton, a municipal corporation of the State of Washington (the "City"), and Peninsula Community Health Services, a Washington nonprofit corporation, having its principal offices at 400 Warren Avenue, Suite 200, Bremerton, Washington, 98337 (the "Contractor"). SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on July 1, 2020 and terminate on December 31, 2020. SECTION 2. SERVICES TO BE PROVIDED 2.1 A description of the services to be performed by the Contractor is set forth in Exhibit A: Description of Services, which is attached to the Contract and incorporated by this reference. 2.2 The Contractor agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor or facilities will be furnished by the City. 2.3 The Contractor will perform the work specified in the Contract according to standard industry practice. 2.4 The Contractor will complete its work in a timely manner and in accordance with the schedule agreed to by the parties. 2.5 The Contractor will confer with the City from time to time during the progress of work. The Contractor will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the City. SECTION 3. CONTRACT REPRESENTATIVES The City and the Contractor will each have a contract representative. A party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: For the City: For Contractor: Greg Wheeler Mayor 345 6th Street Bremerton , WA 98337 Jennifer L. Kreidler -Moss Chief Executive Officer Peninsula Community Health Services 400 Warren Avenue, Suite 200 (360) 473 5266 Bremerton, WA 98337 360-475-6707 SECTION 4. COMPENSATION 4.1 A description of the compensation to be paid to the Contractor is set forth in Exhibit B: Compensation, which is attached to the Contract and incorporated by this reference. 4.2 The total amount payable under the Contract by the City to the Contractor will in no event exceed $50,000.00 (Fifty Thousand dollars). Payments will be made monthly in the amount of $5,555 (five Thousand Five Hundred and Fifty -Five dollars.) starting in July 2020. 4.3 Unless otherwise provided in the Contract, the Contractor may submit an invoice to the City once a month for payment of work actually completed to date. Subject to the other provisions of the Contract, the City generally will pay such an invoice within 30 days of receiving it. 4.4 The Contractor will be paid only for work expressly authorized in the Contract, or attached Exhibit hereto. 4.5 The Contractor will not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise. 4.6 If the Contractor fails to perform any substantial obligation and the failure has not been fixed within 10 days following notice from the City, the City may, in its sole discretion and upon written notice to the Contractor, withhold all monies due the Contractor, without penalty, until such failure to perform is cured. SECTION 5. AMENDMENTS AND CHANGES IN WORK 5.1 In the event of any errors or omissions by the Contractor in the performance of any work required under the Contract, the Contractor will make all necessary corrections without additional compensation. All work submitted by the Contractor will be certified by the Contractor and checked by the Contractor for errors and omissions. The Contractor will continue to be responsible for the accuracy of work even after the work is accepted by the City. 5.2 In order to be effective, any Contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract. Work under a renewal, an amendment or a modification may not commence until the renewal, amendment or modification has been approved by the City and has become effective. SECTION 6. HOLD HARMLESS AND INDEMNIFICATION 6.1 Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all third party claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. SECTION 7. INSURANCE 7.1 Professional Liability. Contractor shall provide claims-made professional liability insurance covering all employees or agents for any sums Contractor shall become legally obligated to pay for injury arising out of care or services rendered by Contractor in the minimum amount of One Million Dollars ($1,000,000) per occurrence, and Three Million Dollars ($3,000,000) annual aggregate. 7.2 Workers' Compensation and Employer Liability. The Contractor will maintain workers' compensation insurance as required by Title 51, Revised Code of Washington, and will provide evidence of coverage to the City if requested. The Contractor will also maintain employer liability coverage with a limit of not less than $1 million. 7.3 Commercial General Liability & Automobile Liability. The Contractor will maintain commercial general liability coverage for bodily injury, personal injury and property damage, subject to a limit of not less than $1 million per occurrence. The general aggregate limit will apply separately to the Contract and be no less than $2 million. The Contractor will provide commercial general liability coverage that does not exclude any activity to be performed in fulfillment of the Contract. Specialized forms specific to the industry of the Contractor will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard commercial general liability policy, including contractual liability coverage. Further, Contractor will maintain Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limits not less than One Million Dollars ($1,000,000) per occurrence. 7.4 Miscellaneous Insurance Provisions . A. The Contractor's liability insurance provisions will be primary with respect to any insurance or self-insurance programs covering the City, its elected and appointed officers, officials, employees and agents. B. When such coverage is required, the Contractor's commercial general liability insurance and automobile liability insurance will include the City, its officers, officials, employees and agents as an additional insured with respect to performance of services. C. When such coverage is required, the Contractor's commercial general liability insurance and automobile liability insurance will contain no special limitations on the scope of protection afforded to the City as an additional insured. D. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees or agents. E. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, subject to the limits of the insurer's liability. F. The Contractor will include all subcontractors, if applicable, as insureds under its policies or will furnish, within 10 days of the effective date of this contract, separate certificates and endorsements for each subcontractor. All coverage for subcontractors will be subject to all of the requirements stated in these provisions. G. The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure, nor are they limitations on indemnification or liability. H. The Contractor will maintain all required policies in force from the time services commence until services are completed. Certificates, policies and endorsements scheduled to expire before completion of services will be renewed before expiration. If the Contractor's liability coverage is written as a claims-made policy, then the Contractor must evidence the purchase of an extended-reporting period or "tail" coverage for a three-year period after completion of the services. 7.5 Verification of Coverage and Acceptability of Insurers. A. The Contractor will place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. B. The Contractor will furnish the City if requested, with properly executed certificates of insurance or a signed policy endorsement which will clearly evidence all insurance required in this Section. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract may not be canceled, or allowed to expire, except on 30-days' prior written notice to the City. Any certificate or endorsement limiting or negating the Insurer’s obligation to notify the City of cancellation or changes must be amended so as not to negate the intent of this provision. C. The Contractor will furnish the City with an additional insured endorsement for the commercial general liability and automobile liability insurance policies. In the alternative, an acceptable form of evidence are the endorsement pages of the policy showing the City as an additional insured. D. Reserved. E. Written notice of insurance cancellation or change shall be mailed to the City. F. The Contractor or its broker will provide, within 10 days, a copy of all insurance policies specified in the Contract upon request of the City. SECTION 8. TERMINATION 8.1 The City may terminate the Contract in whole or in part whenever the City determines, in its sole discretion that such termination is in the best interests of the City. The City may terminate the Contract upon giving the Contractor 10- days' written notice. In that event, the City will pay the Contractor for all costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract. 8.2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the City may summarily terminate the Contract notwithstanding any other termination provision in the Contract. Termination under this provision will be effective upon the date specified in the written notice of termination sent by City to the Contractor. No costs incurred after the effective date of the termination will be paid. 8.3 If the Contractor breaches any of its obligations under the Contract, and fails to fix the breach within 10 days of written notice to do so by the City, the City may terminate the Contract. In that event, the City will pay the Contractor only for the costs of services accepted by the City. Upon such termination, the City, at its discretion, may obtain performance of the work elsewhere, and the Contractor will bear all costs and expenses incurred by the City in completing the work and all damages sustained by the City by reason of the Contractor's breach. SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9.1 The Contractor will perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Contractor under the Contract will not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the City. 9.2 The Contractor warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Contract. SECTION 10. INDEPENDENT CONTRACTOR 10.1 The Contractor's services will be furnished by the Contractor as an independent contractor and not as an agent, an employee or a servant of the City. The Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in the Contract. Contractor warrants as follows: Contractor is providing services as a business; files tax returns with the IRS as a business; has a Washington State Master Business License; maintains appropriate accounts for the payment of all state and local business and occupation taxes and other required taxes; and maintains regular books and records. 10.2 The Contractor acknowledges that the entire compensation for the Contract is set forth in the compensation provisions of the Contract and the Contractor is not entitled to any City benefits, including, but not limited to: vacation pay; holiday pay; sick leave pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or privileges afforded to City employees. 10.3 The Contractor will have and maintain complete responsibility and control over all of its subcontractors, employees, agents and representatives. No subcontractor, employee, agent or representative of the Contractor will be or be deemed to be, or act or purport to act, as an employee, agent or representative of the City. SECTION 11. NONDISCRIMINATION The Contractor, its employees and agents, shall not discriminate against any person in the performance of any of its obligations under this Contract on the basis of race, creed, color, religion, gender, sexual orientation, ancestry, national origin, age, sensory, physical or mental disability, membership in the military or status as a veteran, HIV/AIDS or Hepatitis C status or the use of a trained dog guide or service animal, except as necessary to meet a bona fide occupational qualification. SECTION 12. RESERVED SECTION 13. RESERVED SECTION 14. DISPUTES Differences, disputes and disagreements between the Contractor and the City arising under or out of the Contract will be brought to the attention of the City at the earliest possible time so that the matter may be settled or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance or compensation due the Contractor will be decided by the City's contract representative or designee. SECTION 15. CONFIDENTIALITY The Contractor, its employees, subcontractors and their employees will maintain the confidentiality of all information provided by the City or acquired by the Contractor in performance of the Contract, except upon the prior express written consent of the City or an order entered by a court of competent jurisdiction. The Contractor will promptly give the City written notice of any judicial proceeding seeking disclosure of such information. SECTION 16. CHOICE OF LAW, JURISDICTION AND VENUE 16.1 The Contract will be construed as having been made and delivered within the State of Washington, and it is agreed by each party that the Contract will be governed by the laws of the State of Washington, both as to its interpretation and performance. 16.2 Any action at law, suit in equity or other judicial proceeding arising under or out of the Contract may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. SECTION 17. CRIMINAL HISTORY REQUIREMENTS As required by RCW 43.43.834, the Contractor shall require each service provider providing services under this Contract to disclose whether he or she has been convicted of a crime and/or had findings made against him or her in any civil adjudicative proceeding as defined in RCW 43.43.830. The Contractor shall conduct criminal background checks, on all employees providing services under this Contract. Further, the Contractor shall not permit any employee or agent to perform work under this Contract who has pled guilty to or been convicted of any felony crime specified in Exhibit C nor shall Contractor permit any employee or agent to perform work under this Contract who has had his/her license to provide behavioral health services revoked or suspended. Failure to comply with this provision shall be grounds for the City to immediately terminate this Contract. SECTION 18. MISCELLANEOUS 18.1 No Waiver. The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time. 18.2 Tax Payments. The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts. 18.3 Personnel Removal. The Contractor agrees to remove immediately any of its subcontractors, employees, agents or representatives from assignment to perform services under the Contract upon receipt of a written request to do so from the City's contract representative or designee. 18.4 Legal Compliance. The Contractor and its subcontractors, employees, agents and representatives will comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract. 18.5 Records Inspection and Retention. The City may, at reasonable times, inspect the books and records of the Contractor relating to the performance of the Contract. The Contractor will retain for audit purposes all Contract-related records for at least six years after termination of the Contract. 18.6 Successors and Assigns. The City, to the extent permitted by law, and the Contractor each bind themselves, their partners, successors, executors, administrators and assigns to the other party to the Contract and to the partners, successors, administrators and assigns of such other party in respect to all covenants to the Contract. 18.7 Severability. If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 18.8 Entire Agreement. The parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the contract. Any oral or written representations or understandings not incorporated in the Contract are specifically excluded. 18.9 Notices. Any notices will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representative’s provision of the Contract. Notice may also be given by facsimile with the original to follow by regular mail. Notice will be deemed to be given three days following the date of mailing, or immediately if personally served. For service by facsimile, service will be effective at the beginning of the next working day. 18.10 Survival. Those provisions of the Contract that by their sense and purpose should survive expiration or termination of the Contract shall so survive. Those provisions include, but are not necessarily limited to, the following: Sections 6 (Hold Harmless and Indemnification), 8.3 (Termination), 14 (Disputes), 15 (Confidentiality), 16.1-16.2 (Choice of Law, Jurisdiction and Venue), 18.1 (Miscellaneous - No Waiver), 18.5 (Miscellaneous - Records Inspection and Retention) and Section 18.7 (Miscellaneous - Severability). IN WITNESS WHEREOF, the parties have signed as of the date set forth below. CITY OF BREMERTON PENINSULA COMMUNITY HEALTH SERVICES ___________________ By:______________________ Greg Wheeler, Mayor Jennifer L. Kreidler-Moss CEO Date:_______________ Date:____________________ ATTEST: ____________________ Angela Hoover, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ____________________________ Roger Lubovich EXHIBIT A: DESCRIPTION OF SERVICES PURPOSE: This contract will fund the partial salary of a full time (at least 0.75FTE) Advanced Practice Clinician to provide direct primary care services for individuals of the City of Bremerton, primarily those residing in the region of Bremerton Fire Station #1. RESPONSIBILITIES AND DUTIES: • Serve as the primary physical health care provider of the care team • Partner with the Medical Assistant to ensure all referrals, labs, and imaging orders are processed to completion • Refer to and then partner with the behavioral health care providers for individual patient care needs EXHIBIT B: COMPENSATION Payment is not to exceed $50,000 under this Contract from the city. Contractor shall submit no more than one invoice each month. The Contractor shall not receive additional compensation or be reimbursed by the City for any additional fees, costs or expenses incurred by the Contractor in the performance of this Contract. The payment described above is complete compensation for all services, costs and expenses of Contractor, both direct and indirect. A reimbursement detail shall accompany the invoice. Invoices shall be submitted within 10 days after the close of each month. EXHIBIT C: DISCLOSURE OF CRIMINAL BACKGROUND Guilty plea or conviction of any of the following felony crimes: • crimes involving homicide under chapter 9A.32 RCW, • assault under chapter 9A.36 RCW, • kidnapping under chapter 9A.40 RCW, • sex offenses un.der chapter 9A.44 RCW, • financial crimes under chapter 9A.60 RCW, • violations of the uniform controlled substances act under chapter 69.50 RCW, • any drug offense defined under RCW 9.94A.030, or • a crime of any type classified as a felony under Washington state law. Finding in any dependency action, disciplinary board or domestic relations proceedings to have sexually assaulted, abused or exploited any minor, or to have physically abused a minor or vulnerable adult. Bremerton Ambulatory Team (BAT) Community Partnerships Bremerton Fire City of Bremerton Kitsap County Peninsula Community Health Services Mission Purpose The Team THE BREMERTON AMBULATORY TEAM SEEKS TO HELP THOSE WHO NEED MORE SUPPORT. THEY WORK TOGETHER WITH YOU TO OPTIMIZE YOUR MENTAL AND PHYSICAL HEALTH. BAT WORKS WITH PATIENTS TO DEVELOP A PLAN FOR MORE SUSTAINABLE LONG-TERM SOLUTIONS. BAT CAN HELP BRIDGE YOU TO THAT COMPREHENSIVE CARE FROM THE COMFORT OF YOUR HOME. THIS MULTI-DISCIPLINARY TEAM CONSISTS OF A COMMUNITY HEALTH WORKER, MENTAL HEALTH COUNSELOR, SUBSTANCE USE DISORDER PROFESSIONAL, AND A PRIMARY CARE PROVIDER. IN COLLABORATION WITH THE BREMERTON FIRE DEPARTMENT AND OTHER COMMUNITY PARTNERS, BAT OFFERS PROACTIVE SERVICES TAILORED TO ONE’S INDIVIDUAL NEEDS. BAT Exterior BAT Interior AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 10, 2020 Ordinance amending Chapter 2.50 of the Bremerton Municipal Code (BMC) entitled “Management and Professional Staff Compensation Program” by amending Section 2.50.032 relating to promotions and benefits COUNCIL MEETING Date: June 17, 2020 Department: Fire Presenter: Pat McGanney, Fire Chief Phone: (360) 473-5380 SUMMARY: Amending Section 2.50.032 of the Bremerton Municipal Code will allow employees moving from a represented classification to a management/professional classification to maintain their current benefits and not take a reduction in benefits. ATTACHMENTS: Ordinance FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing ☒ Postponed RECOMMENDED MOTION: Move to pass Ordinance amending Section 2.50.032 of the Bremerton Municipal Code relating to promotions and benefits. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 Page 1 of 3 BMC 2.50.032 – Actual Salary Rate ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.50 of the Bremerton Municipal Code entitled “Management and Professional Staff Compensation Program” by amending Section 2.50.032 related to promotions and benefits. WHEREAS, the City Council desires to amend provisions of Section 2.50.032 of the Bremerton Municipal Code relating to promotions and benefits; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.50.032 of the Bremerton Municipal Code entitled "Actual Salary Rate" is hereby amended to read as follows: 2.50.032 ACTUAL SALARY RATE. (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the City Council may authorize an initial salary of a newly hired person at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one rate in the same salary band, if available. (2) Additional Advancement. Those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council. (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Changes to Employee Classifications. (1) Downgrading an Employee’s Classification. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the person’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be Page 2 of 3 BMC 2.50.032 – Actual Salary Rate frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. In the event an employee is promoted from one classification to a higher classification (one salary band to a higher salary band), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary he or she was receiving at the former band. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. In the event an employee is promoted to a management or professional position within the Fire Department which is not covered by IAFF Local 437, said employee will maintain their current and future benefits that are provided to union employees through the collective bargaining agreement in lieu of the benefits covered in Sections 2.50.032 through 2.50.050 and Section 2.50.070. Any additional rate advancements shall require City Council approval. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2020. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2020. _________________________________ GREG WHEELER, Mayor Page 3 of 3 BMC 2.50.032 – Actual Salary Rate ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2020. EFFECTIVE the ________ day of ______________________, 2020. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Fire\BMC 2.50.032 Actual Salary Ordinance - Final.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 10, 2020 Confirm Appointment of John Payne to the position of Assistant Fire Chief at Pay Band 22, Rate 8 of the 2020 Management, Professional, Confidential and Fiduciary Salary Plan COUNCIL MEETING Date: June 17, 2020 Department: Fire Presenter: Pat McGanney, Fire Chief Phone: (360) 473-5380 SUMMARY: Per BMC 2.50.032 (a), City Council approval is required when setting a new employee’s initial salary at a rate which exceeds rate one (1). It is proposed that John’s salary be set at rate eight (8). John has been employed with the City for 25 years and has his Master’s Degree in Homeland Defense. ATTACHMENTS: 1) Letter of Engagement; 2) 2020 Management, Professional, Confidential and Fiduciary Salary Plan and 3) Position Description FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing ☒ Postponed RECOMMENDED MOTION: Move to confirm the appointment of John Payne as the Assistant Fire Chief at Pay Band 22, Rate 8 of the 2020 Management, Professional, Confidential and Fiduciary Salary Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Patrick McGanney, Fire Chief 911 Park Avenue Bremerton, WA 98337 Telephone: 360-473-5381 May 27, 2020 John Payne RE: Letter of Engagement Dear John: It is with great pleasure that I confirm your appointment to the position of Assistant Fire Chief. Your position is exempt from Fair Labor Standards Act (FLSA) overtime provisions and included in the Management and Professional classifications covered under BMC 2.50 (copy attached) as follows: Position: Assistant Fire Chief Department: Fire Department Effective Date: ____________________________ Rate of Pay: $6,592.39 (Band 22, Rate 8) –Pending City Council Approval Appointment/Removal: Fire Chief Supervisor: Patrick McGanney, Fire Chief Vacation: Pursuant to BMC Chapter 2.50._____ Benefits: Pursuant to BMC Chapter 2.50._____ Severance: Pursuant to BMC Chapter 2.50.090 You are an “at will” employee and may be terminated by the City without cause at any time with thirty (30) days’ notice. You may be terminated for cause, without notice, and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code. Please sign indicating your acceptance of our offer of employment as outlined above, and return to Leighann Denton in our Human Resources Office at 345 6th Street, Suite 100, Bremerton, WA 98337. Sincerely, Patrick McGanney Fire Chief cc: Leighann Denton, Human Resources Analyst II ------------------------------------------------------------------------------------------------------------------ ACCEPTANCE OF JOB OFFER: I, John Payne, hereby accept the appointment to position of Assistant Fire Chief, under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE: ______________________________ __________________ John Payne Date City of Bremerton Classification Specification February 2020 ASSISTANT FIRE CHIEF Page 1 of 3 GENERAL FUNCTION Under general direction of the Fire Chief, serves as assistant department head responsible for implementing fire department policies and procedures; managing multiple prevention, inspection, suppression and emergency medical response programs; and assisting in planning, organizing and managing departmental operations. DISTINGUISHING CHARACTERISTICS This is a professional middle management fire and emergency medical classification with responsibility for assisting in planning, organizing and directing the operations of multiple fire, emergency medical response and prevention services and personnel. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note – This list is intended only to illustrate the various types of work that may be performed. The omis sion of specific statements does not exclude them from the position.) Operations Management: Assists in and prepares budget requests for program personnel, facilities, equipment, supplies and services. Implements budget changes. Prepares and processes purchase documents and contracts. Monitors budget expenditure levels. Quantifies activity levels and costs of existing services, working conditions, operating procedures and identifies alternatives. Produces periodic progress, financial and other reports. Makes public presentations on service policy issues and programs. Resolves service problems and handles operational emergency situations. Personnel Management: Directs and coordinates work or program administrative staff to assure effective operations. Supervises and evaluates personnel, participates in their selection, advises on and implements discipline and discharge actions. Assists to establish and implement safe work practices, performance standards and operating procedures. Participates in or conducts meetings, negotiations and other processes used to discuss and implement changes to policies and practices. Special Assignments: Directs development of public information materials and personally engages in public information activities. Investigates and responds to complaints or other public service inquires. Conducts surveys and studies needed to review departmental service options. Provides technical advice, information and other support needed to: establish and implement professional standards for fire prevention, suppression and medical emergency response programs; evaluate trends, new developments and opportunities for developing fire and medical emergency facilities and services; evaluates fire and medical emergency response legislation. Acting Chief: In the absence of the Chief, serves as Fire Marshal and Acting Chief commanding all fire and emergency medical personnel and activity including investigations of fire origins, fire and safety inspections and code enforcement, fire prevention, disaster preparedness, emergency responses and routine departmental operations. Inter-Agency/Inter-Departmental Coordination: Represents the department and coordinates activity involving multi-agency or multi-departmental operations. Investigates and intercedes in matters requiring resolution of conflicts between departments, agencies or multiple service City of Bremerton Classification Specification February 2020 ASSISTANT FIRE CHIEF Page 2 of 3 providers. Provides technical support to other departments in matters involving the processing of departmental policies, procedures or program documents. General: Participates in the general management operations of the City. Respond to inquiries from internal and external sources; produces written and verbal reports on administrative subjects, as assigned. Performs other work which is consistent with the responsibilities of the classification and necessary to department operations. Other Duties – Regular Attendance is an essential requirement – Performs related work as assigned or required KNOWLEDGE, SKILLS AND ABILITIES Knowledge of:  Principles, practices, methods and technical support functions of fire and emergency medical response services;  Current professional standards applicable to fire and emergency medical response services;  Fundamental intent and basic provisions of municipal, state and federal financing mechanisms for fire and emergency medical services;  Techniques used for gathering, evaluating and summarizing fire department service information in preparing budgets;  Operations of fire vehicles, apparatus, radios and other emergency communications devices;  Effective supervision and command practices applicable to municipal fire department operations.  Emergency and Disaster preparedness.  Fire Department Administration and the Principles of Leadership  Principles of conflict resolution and collective bargaining  Incident Command System Able to:  Apply professional fire and emergency medical response principles to specific service operations;  Interpret and supply the intent and specific provisions of laws and regulatory provisions to particular conditions and determine a course or action;  Evaluate, plan and establish a proper sequence of action for multiple functional units and personnel to accomplish goals;  Provide verbal and written directives, information and advice to a wide variety of people and officials in non-stressful and stressful situations;  Persuasively communicate ideas and assert a point of view in controversial situations;  Apply the principles of equal employment opportunity, affirmative action and the Americans with Disabilities Act in managing personnel and service functions;  Exhibit and instill in subordinates a high public service priority in contacts with the public and others encountered in the workplace;  Develop and implement operating methods which provide a high degree of public safety; City of Bremerton Classification Specification February 2020 ASSISTANT FIRE CHIEF Page 3 of 3  Establish operating methods which produce physical and mental wellness and good morale among employees;  Successfully complete officially sponsored training courses and achieve certification as prescribed by departmental training standards for the position. QUALIFYING TRAINING AND EXPERIENCE Combined training and experience which demonstrates that a person has obtained the required knowledge and is able to perform the work required (with reasonable accommodation, if necessary). In the fire and medical emergency profession, a person with the following combined training and experience would qualify to compete in a selection process: graduation from high school or equivalent and eight (8) years of full-time paid experience in uniformed fire prevention, suppression and emergency medical response work; at least two (2) of which involved supervisory and/or command responsibility as a company officer. Required Licenses and Certifications A valid Washington State driver’s license is required and must be obtained prior to date of appointment or another date set by the City. LEGAL and REGULATORY EMPLOYMENT CONDITIONS Occupational Group: Middle Management. In addition to the essential function of managing on- going operations and personnel of their divisions or program, persons in middle management serve as the primary liaison between executive managers and program service users, operating personnel, and external organizations on specific activity. Work involves interpreting multiple policy requirements for continuing operations and advising executive managers in complex situations where available action options can have differing operational results or consequences. Fair Labor Standards Act: The classification is exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is excluded from the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the International Association of Firefighters Local 437. Civil Service: Positions located in the Police or Fire Department are included in the City’s Civil Service System; all other are excluded. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with Civil Service Rules. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City, with approval by the Civil Service Commission, as the needs of the City and requirements change.