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Home My WebLink About07/06/2022 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, JULY 6, 2022 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting.The Chambers remains closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live Members of the publicare invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/89745938867?pwd=777l71OM5iTPF0R9-mD7VEZrK4iJ3-.1 Or One tap mobile: US: +12532158782,,89745938867#,,,,*173061# or +16699006833,,89745938867#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 312 626 6799 Webinar ID: 897 4593 8867 Passcode: 173061 Questions or comments may be submitted any time to City.Council@ci.bremerton.wa.us 1.CALL TO ORDER:5:30 P.M. 2.MAYOR'S REPORT 3.CONSENT AGENDA A.Claims and Check Register B.Minutes of Joint Planning Session June 11, 2022 C.Minutes of Meeting June 15, 2022 D.Minutes of Study Session June 22, 2022 E.Interlocal Agreement with Kitsap County to continue participation with the West Sound Stormwater Outreach Group F.Public Works Agreement with Brumfield Construction, Inc. for CW-4 Beach Mitigation Project G.Goods & Services Agreement with Reiner Pump Systems, Inc. for the Purchase of two Low Flow Sulzer Sewage Pumps and Associated Parts for Lift Station CE-1 H.Purchase of two Variable Frequency Drives and Associated Parts from North Coast Electric Company for Lift Station CE-1 I.Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Oversight for Well Drilling (Wells 7R and 9R) 4. PUBLIC RECOGNITION This is an opportunity for attendees to address the Council on any City- related item that is not already listed on the Agenda. Please raise your hand to be recognized by the Council President, state your name for the record, and limit your comments to under 3- 5. PUBLIC HEARING A. Public Hearing on Resolution No. 3351 adopting the 2023 CDBG/HOME Policy Plan 6. GENERAL BUSINESS 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSIONS Council will be in Executive Session on two items for 20-minutes total and will resume the meeting after discussion of both items A. 10-Minutes to discuss Pending Litigation as allowed under RCW 42.30.110 (1) (i); Action is anticipated B. 10-Minutes to discuss Potential Litigation as allowed under RCW 42.30.110 (1) (i); Action is 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL 3A CITY OF BREMERTON CITY COUNCIL Updated SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: July 6, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 398687-398926 and Electronic Fund Transfers V35401-V35508 in the grand total amount of $2,850,815.44 2. Regular Payroll for pay period ending June 15, 2022 in the amount of $1,030,385.96 3. Regular Payroll for payouts ending June 15, 2022 in the amount of $2,955.81 4. Retiree Payroll for pay period ending June 30, 2022 in the amount of $48,876.96 5. Regular Payroll for pay period ending June 30, 2022 in the amount of $1,023,102.12 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 3B CITY COUNCIL SUBJECT: Minutes of Joint Planning Study Session Date: N/A Session June 11, 2022 COUNCIL MEETING Date: July 6, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of the Joint Planning Session held on June 11, 2022 are attached. ATTACHMENTS: Joint Planning Session Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the June 11, 2022 Joint Planning Session Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL JOINT PLANNING SESSIONMINUTES Saturday, June11, 2022 A Virtual Joint Planning Session withthe City Council, Mayor, and Department Directors of the City of Bremertonwas called to orderon Saturday, June 11, 2022at 9:00 AM with Council President Michael Goodnow presiding.Council Members present wereEric Younger,Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also in attendance were Mayor Greg Wheeler, City Attorney Kylie Finnell, Financial Services Director Mike Riley, Police Chief Tom Wolfe, Fire Chief Pat McGanney,Public Works & Utilities Director Tom Knuckey, City Engineer Ned Lever,Community Development Director Andrea Spencer, Parks & Recreation Director Jeff Elevado, and Municipal Court Administrator Dawn Nelson. IT Systems EngineerHans Nilsson; and Legislative AssistantChristine Grenier were present to provide staff support. President Goodnowwelcomed and thanked everyone for taking time on a Saturday to participate in the Joint Planning Session. He established that the intent of the Joint Planning Session was to review 2021Council Goals & Prioritiesto determine which Goals would move forward. 2022 Council Goals & Priorities were established as follows: 1.EconomicDevelopment Support incentives and secure additional funding for redevelopment of: o Wheaton WayCorridor o Callow Business District Identify opportunities and implement actions to support local small businesses: o Improve outreach to businesses on contract opportunities o Encourage purchase of local goods and services Continue support for: o Main Street Community Designation o ArtsWA Creative District Certification 2.Intra-City Traffic Flow and ParkingCongestion Update and improve parking signage and markings throughout the City Re-evaluate parking enforcement for effectiveness 3.Pedestrian Safety Increase and measure active transportation options: o Review and revise standards for Non-Motorized Transportation o Develop and implement a plan for bicycle and scooter sharing programs Complete a Sidewalk Policy Support improvements for pedestrian safety including parks and schools Secure additional sustainable funding source for local streets and sidewalks 4.Quality AffordableHousing Continue connection with Bremerton Housing Authority and Kitsap Community Resources for Weatherization & Minor Home Repair, Rental Assistance and First Time Home Buyers Programs Identify new partnerships and programs for greatest impact Explore feasibility of implementing findings of March 2020 Affordable Housing Recommendations report Identify surplus property for possible affordable housing development City Council Joint PlanningSessionMinutes Saturday, June 11, 2022 Page 2of 2 Increase residential housing density through incentives for ADUs and promote our Infill Toolkit Secure additional funding for affordable housing programs Maximize affordability by using equity and racial justice lens 5.Environmental Stewardship and Access to Open Spaces Continue support of Kitsap Lake WaterQuality Program Pursue additional funding to address noxious weeds Develop policies that encourage environmental stewardship Support the planning and development of a Trail System through Bremerton Secure dedicated sustainable funding for Parks Capital Improvement Projects and expansion 6.PublicOutreach, Access, and Transparency in Government Re-establish outreach program with Bremerton High School Youth AdvisoryCouncil Continue strengthening relationship with Naval Base Kitsap andPSNS-IMF Develop policies and implement changes that encourage civic engagement Continue to improve communication, transparency, and responsiveness to citizen concerns 7.Equity in Government Coordinate with the Mayor on reviewing and implementing policies and programs Consider program needs and funding options to support equity policies and programs Evaluate and implement REAC recommendations including, but not limited to: o Encourage GARE participation and professional development for Council Members, Department Directors, and Human Resources staff o Support the Mayor in hiring a consultant or staff to further race equity work With no further business, PresidentGoodnowadjourned the JointPlanningSession at 2:59PM. Prepared and Submitted by: _______________________________ CHRISTINE GRENIER, LegislativeAssistant th APPROVED by the City Council on the6day of July, 2022. ________________________________________ MICHAEL GOODNOW, City Council President ATTEST: ________________________________________ ANGELAHOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3C CITY COUNCIL SUBJECT: Minutes of Meeting Study Session Date: N/A June 15, 2022 COUNCIL MEETING Date: July 6, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on June 15, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the June 15, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 15, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, June 15, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Assistant Christine Grenier; and IT Systems Administrator Kelly Wells. President Goodnow announced that the City Council is conducting the Council Meeting via Zoom, and all Council Members and staff will be participating remotely. REPORT Welcomed Caroline Stein Challenge Award Sanah Khan; Chase Klauder; Kate Sutandi; and Nishanth Vijayamanivannan. Ms. Stein then extended an invitation for the next Washington State Science and Engineering Fair which will be in-person on March 31, 2023; Introduced Casey Fraisure to provide an update on upcoming repairs to the Warren Avenue Bridge, with outreach planned by WSDOT to inform and prepare travelers of upcoming closures; Announced that the Navy will be hosting a virtual meeting on Thursday, June 23 on a proposed drydock at PSNS and that public comment will be accepted until July 11; Was pleased that the City of Bremerton has been awarded funding for the Almira Drive Safe Routes to Schools Project; Community feedback regarding Cable Services has been extended to July 31; and Congratulated the Wastewater Division for receiving the Outstanding Treatment Plant Performance Award. CONSENT AGENDA 3A Claims & Check Register: Check Numbers 398546 through 398686 and Electronic Fund Transfers V35337 through V35400 in the grand total amount of $4,228,619.16; Regular Payroll for pay period May 31, 2022 in the amount of $1,052,377.18; Regular Payroll (Payouts) for May 31, 2022 in the amount of $29,614.30; and Regular Payroll (Retro Pay) for the period January 1, 2022 to April 15, 2022 in the amount of $83,542.78 3B Minutes of Meeting June 1, 2022 3C Minutes of Study Session June 8, 2022 3D Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Design of Naval Avenue Pedestrian Enhancements Project 3E Cost Reimbursement Agreement with WA State Department of Ecology for Water Right Change Application Review 3F Approval to Submit (2) Grant Funding Applications with the WA Administrative Office of the Courts for 1) Therapeutic Courts and Community Justice Counselors; and for 2) Court Backlog Reduction and Audio/Visual Enhancements; and with the US Department of Justice, Bureau of Justice Assistance for the Community Courts Initiative Program 3G Goods and Services Agreement with Materials Testing & Consulting, Inc. for Materials Testing for the Price Road & Brentwood Drive Culvert Replacement and Pine Road Basin Projects City Council Reg. Mtg. Minutes Wednesday, June 15, 2022 Page 2 of 4 3H Contract with Active Construction, Inc. for the Pine Road Basin Stormwater Improvements Project 3 I Memorandum of Agreement with WA State Department of Fish & Wildlife for Schley Canyon Culvert Repair and Anderson Creek Dam Removal Project 3J Amendment A to Public Works Board Construction Loan Contract for the Ostrich Creek Culvert Improvements Project 3K Ford/Hyundai 3L Transportation Alternatives Program Funding Grant with Puget Sound Regional Council; and Local Agency Agreement with WA State Department of Transportation for the Naval Avenue Bicycle & Pedestrian Project There were no questions or comments from the publ 6:13 M/S/C/U (Chamberlin/Mockler) Move to approve the C ONSENT A GENDA as presented. PUBLIC RECOGNITION Comments from the public were provided by Mary Lou Long; and Jeff Campbell PUBLIC HEARING 5A PUBLIC HEARING ON RESOLUTION NO. 3350 ADOPTING THE 2023-2028 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM: Engineering Project Manager Vicki Grover used a Power Point presentation to explain that the Six-Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Puget Sound Regional Council (PSRC) and Washington State Department of Transportation (WSDOT). It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Comprehensive and Non-Motorized Transportation Plans. President Goodnow explained the purpose of this Public Hearing is to accept public comment; Comments from the public were submitted by Jim McDonald With no further questions, President Goodnow closed the hearing to the public, and opened 6:25 Main Motion was made by Younger; and seconded by Chamberlin comments were provided by Younger, and Coughlin 6:30 Amending Motion to add to Tier 3 Manette Neighborhood Business Area Traffic, Parking and Multimodel Improvements Project to the 2023 -2028 Six-Year Transportation Improvement Program Questions and comments were provided by Goodnow, Chamberlin, Mockler, Frey, Dennehy, Younger, and Coughlin; with responses provided by Ms. Grover; Managing Engineer Shane Weber; Public Works & Utilities Director Tom Knuckey; Community Development Director Andrea Spencer; and City Engineer Ned Lever 7:09 Amending Motion was withdrawn by Coughlin. City Council Reg. Mtg. Minutes Wednesday, June 15, 2022 Page 3 of 4 7:11 M/S/C/U (Younger/Chamberlin) Move to approve Resolution No. 3350, which approves the 3 2028 Six Year Transportation Improvement Program; and allow the Mayor to forward the Resolution and Plan to the Puget Sound Regional Council and Washington Department of Transportation. GENERAL BUSINESS 6A CHANGE ORDER. NO 1 TO CONTRACT WITH PAPE AND SONS CONSTRUCTION, INC. FOR THE OYSTER BAY AVENUE FORCE MAIN REPLACEMENT PROJECT: Managing Engineer Bill Davis stated that the project is replacement of 2,200-ft of failing cast iron pressure sewer along Oyster Bay Avenue between Kitsap Way and Arsenal Way. The construction began in April and is nearly complete. The contract assumed the roadway would be restored with a trench patch; however, the existing pavement is failing and so a full roadway restoration is more appropriate. This change order for $223,149.11 will provide for a combination of grind and overlay and pavement replacement beyond the trench area for full width surface restoration of Oyster Bay Avenue. There were no questions or comments from the public 7:13 Motion was made by Dennehy; and seconded by Mockler were provided by Dennehy; with responses provided by Mr. Knuckey 7:15 M/S/C/U (Dennehy/Mockler) Move to approve Change Order No. 1 with Pape and Sons Construction, Inc. for the Oyster Bay Avenue Force Main Replacement Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Anna Mockler shared that June 16 is in honor of Irish writer James Joyce who ; emphasized pedestrian improvements are needed to improve safety in District 6; was aware that problems associated with a chronic nuisance property will soon be addressed; and hoped that critical areas and climate change will be considered as part of Quinn Dennehy echoed comments made by Council Member Mockler regarding the Joint Planning Session; and responded to comments on social media that contained misinformation. Jeff Coughlin thanked the Police Department for reaching out to downtown businesses on how to address difficult situations; announced Juneteenth for this Saturday; shared the 5. Denise Frey was encouraged by the dialogue during the Joint Planning Session and supportive comments from the public; and mentioned that she will be attending her first Association of Washington Cities Annual Conference next week. Jennifer Chamberlin acknowledged that students in the Bremerton School District will be ending their school year on Friday and for those who need assistance over the summer, there will be a free lunch option; recognized fellow Council Member Quinn Dennehy for introducing Race Equity as a Council Goal at the Joint Planning Session; encouraged people to attend the Juneteenth Freedom Festival this Saturday at Evergreen Rotary Park; thanked Mayor Wheeler for sponsoring information booth while also mentioning that volunteers are still needed to fill three vacancies on the Committee. City Council Reg. Mtg. Minutes Wednesday, June 15, 2022 Page 4 of 4 Michael Goodnow announced the Black Brilliance Film Festival on Friday, June 17; volunteers are welcome for the next Forest Ridge Park Clean-Up on Saturday, June 18; and thanked the President Goodnow announced that meetings will continue to be held remotely, including the next Study Session on Wednesday, June 22 at 5:00 PM. With no further business, President Goodnow adjourned the Council Meeting at 7:34 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant th APPROVED by the City Council on the 6 day of July, 2022. ________________________________________ MICHAEL GOODNOW, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3D CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A June 22, 2022 COUNCIL MEETING Date: July 6, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on June 22, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the June 22, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 22, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, June 22, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Legislative Office Manager Lori Smith and IT Manager Dave Sorensen. President Goodnow established that the City Council is conducting the Study Session via Zoom, and that all Council Members and staff will be participating remotely. In fact, Council Member Denise Frey is participating from Vancouver, WA while attending her first AWC Annual Conference. He further established that the Study Session is open for the public to listen-in, but there will be no opportunities for input; the content of these items is subject to change; and no action is If approved by the Council, these items will be placed on the July 6, 2022 City Council Virtual A. INFORMATION ONLY ITEM 1. Update on Joint Compatibility Transportation Plan Public Works Project Manager Katie Ketterer; and Alex Atchison with Parametrix, Inc. B. BRIEFINGS on AGENDA BILL ITEMS 1. Interlocal Agreement with Kitsap County to continue participation with the West Sound Stormwater Outreach Group Consent Agenda 2. Proposed Public Hearing on Resolution adopting the 2023 CDBG/HOME Policy Plan 3. Public Works Agreement with Brumfield Construction, Inc. for CW-4 Beach Mitigation Project Consent Agenda 4. Goods & Services Agreement with Reiner Pump Systems, Inc. for the Purchase of two Low Flow Sulzer Sewage Pumps and Associated Parts for Lift Station CE-1 Consent Agenda 5. Purchase of two Variable Frequency Drives and Associated Parts from North Coast Electric Company for Lift Station CE-1 Consent Agenda 6. Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Oversight for Well Drilling (Wells 7R and 9R) Consent Agenda C. GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Briefing (Last meeting 6/09/2022) Chair Quinn Dennehy o Public Works Committee Briefing (Last Meeting 6/21/2022) Chair Eric Younger o 2022 Council Goals & Priorities Council President Michael Goodnow o Other General Council Business was discussed. President Goodnow provided a reminder that there will be no Council Meeting next week on Wednesday, June 29 due to the City regular schedule; and all meetings will continue to be held remotely, including the next Council Meeting on Wednesday, July 6, 2022, beginning at 5:30 PM. He also wished everyone a fun, but safe Fourth of July holiday. City Council Study Session Minutes Wednesday, June 22, 2022 Page 2 of 2 With no further business, the Study Session was adjourned at 7:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 6 day of July, 2022. MICHAEL GOODNOW, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3E CITY COUNCIL SUBJECT: Study Session Date: June 22, 2022 Interlocal Agreement with Kitsap County to COUNCIL MEETING Date: July 6, 2022 continue participation with the West Sound Department: Public Works & Utilities Stormwater Outreach Group Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Bremerton is a partner of the West Sound Stormwater Outreach Group (WSSOG), a consortium of west sound cities and Kitsap County, established through an Interlocal Agreement (ILA) with Kitsap County. WSSOG develops, implements, and funds Municipal Stormwater Permit-required public education and outreach efforts using cost share allocation and staff engagement to provide consistent messaging which reduces the cost of having an individual program. WSSOG: 1. Works cooperatively to help meet requirements of the Municipal Stormwater Permit for education designed to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. 2. Saves costs by sharing expertise, expenses, and staff time for efficiency that avoids duplication and inconsistency. 3. Works to help fulfill education and outreach requirements of local Total Maximum Daily Loads. 4. Benefits citizens of the West Sound by providing consistent outreach and messaging. 5. Gains enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. This ILA authorizes the City of Bremerton to continue as a member of the WSSOG. ATTACHMENTS: 1) Interlocal Agreement with Kitsap County for the West Sound Stormwater Outreach Group; 2) Program summary FISCAL IMPACTS (Include Budgeted Amount): The current ILA is funded in the approved 2022 Stormwater Operations budget. The new ILA would be funded in Stormwater Operations for $21,269.00 per year, totaling $63,807.00, beginning in 2023 and ending in 2025. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County for Bremerton to participate in the West Sound Stormwater Outreach Group; 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 KC-290-22 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR THE WEST SOUND STORMWATER OUTREACH GROUP I. PREAMBLE d between Kitsap County Orchard, Washington 98366 and the City of Bremerton offices are located at 345 Sixth St, Bremerton, Washington 98337. II. RECITALS Whereas, the Washington State Department of Ecology requires owners or operators of a municipal separate storm sewer system to obtain coverage under Western Washington NPDES Phase II Municipal Stormwater Permit; and Whereas, mutual benefits will accrue to the parties hereto and the people which each serves in the cooperative implementation of the West Sound Stormwater Outreach Group. The Interlocal Cooperation Act, chapter 39.34 RCW, further authorizes the parties hereto to enter into this AGREEMENT; and Whereas, Permittees are required by Permit Section S5.C.2 to provide stormwater education and outreach programs designed to achieve measurable reductions in behaviors that cause or contribute to adverse stormwater impacts; and Whereas, coordination among Permittees with adjoining or shared geographic areas is encouraged by the Washington State Department of Ecology and enhances access to federal, state, and other financial and technical support, and Whereas, West Sound residents share media sources and would benefit from consistent messaging across city and county boundaries; and Whereas, municipal resource efficiency is increased and cost savings are realized through sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication; and Whereas, Kitsap County and the cities of Poulsbo, Bremerton, Port Orchard, Gig Harbor, Bainbridge Island, and Port Angeles desire to continue to work together as the West Sound Stormwater Outreach Group to coordinate joint development and implementation of stormwater education and outreach programs. NOW THEREFORE, the parties mutually agree as follows: III. AGREEMENT A.The Recitals set forthabove are expressly incorporated into the AGREEMENT by this reference. B.This AGREEMENT consists of the following documents: 1.Interlocal Agreement 2.EXHIBITA: West Sound Stormwater Outreach Group Scope of Work and Budget C.Purpose:The purpose of the AGREEMENT is to provide a mechanism through which COUNTY and CITY voluntarily collaborate in the development, implementation, and funding of stormwater educationand outreach messages, materials, activities, and program assessment tools for the general public, businesses, and other target audiences as required by the NPDES Phase II Permit. D.Payment and Funding:CITY will provide COUNTY funds in an amount not to exceed a total of $21,269per year,totaling of$63,807for the years 2023through 2025in accordance with Section I below.COUNTY agrees to send invoices to CITY representative for reimbursement of allowable expenses incurred as defined in EXHIBITA. E.Scopeof Work:COUNTY and CITY shall perform duties and services as are listed in EXHIBITA, attached hereto and incorporated herein by this reference. Said services shall be performed in accordance with the approved Scope of Work and budget specified in EXHIBITA, and as provided for in Section I of this AGREEMENT. F.COUNTY and CITY Administrators: is not a separate legal entity. Accordingly, Kimberly Pleger,Stormwater Education& Outreach Coordinator, 614 Division Street, MS-26A, Port Orchard, Washington 98366 shall represent COUNTY in all matters pertaining to the services rendered under this AGREEMENT. All requirements of the CITY pertaining to the services and materials to be rendered under this AGREEMENT shall be coordinated through the COUNTY representative. ChanceBerthiaume,Stormwater Permit Coordinator,345 Sixth St, Bremerton, Washington 98337, shall represent the CITY in all matters pertaining to the services and materials to be rendered under this AGREEMENT. All requirements of the COUNTY pertaining to the services or materials to be rendered under this AGREEMENT shall be coordinated through the CITY representative. Following a change of representative, COUNTY and CITY will inform the other party in writing within ten (10) working days. st G.Reporting:By January 31of each year this AGREEMENT is in effect, COUNTY and CITY will jointly report the results of work conducted under this AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit reporting requirements for public education activities, as specified in Permit Section S9.E.2. H.Responsibilities of the Parties:It is mutually understood that CITY will provide COUNTY with the following: Up to $63,807 over the duration of this AGREEMENT for development of educational materials, professional service fees, partial reimbursement of COUNTY administrative costs, and other expenses related to tasks as described in EXHIBIT A. CITY will also contribute staff time to attend meetings, provide input, conduct pertinent research, and participate in program development. It is mutually understood that COUNTY will provide CITY with the following: COUNTY will provide administrative services and act as financial manager for this AGREEMENT and associated professional service contracts. COUNTY will also contribute staff time to facilitate meetings, provide input, conduct pertinent research, and participate in program development. I. Reimbursement: CITY shall reimburse COUNTY for actual incurred costs upon presentation of a properly executed invoice. Costs shall be charged and funding reimbursed based upon appropriate program elements as defined in EXHIBIT A. COUNTY may exceed line item amounts within individual program element budgets, but shall not exceed the total budget for each individual program element without written approval of CITY. Reimbursement requests shall not be made to CITY more frequently than once a month. CITY shall reimburse COUNTY within thirty (30) days of receipt of a properly executed COUNTY invoice. J. Property: Title to property purchased by COUNTY, the cost of which COUNTY has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to and vest to COUNTY. Property purchased with funds delivered pursuant to this AGREEMENT may be used only for the performance of this AGREEMENT and shall be purchased in accordance with applicable state law and COUNTY purchasing policies. K. Assignment: COUNTY may assign or subcontract any portion of the services provided within the terms of the AGREEMENT. All terms and conditions of the AGREEMENT shall apply to any approved subcontract or assignment related to this AGREEMENT. L. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all liability arising from acts of its own officers, employees, agents, and contractors to the extent provided by law. Additionally, each party agrees to indemnify, defend, and hold harmless the other party, and its officers, agents, and employees for all claims (including demands, suits, penalties, losses, damages, or costs of any kind its officers, agents, or employees in performance of this AGREEMENT. Nothing contained in this section of this AGREEMENT shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this AGREEMENT. M. Amendments: The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. N. Termination: Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to terminate to the other party. In the event of such termination, COUNTY shall be compensated for the actual costs incurred prior to the time of written notification of contract termination. O. Duration: This AGREEMENT shall commence on January 1, 2023, and shall remain in effect through December 31, 2025. P. Recording: Pursuant to RCW 39.34.040, this AGREEMENT shall be filed with the Kitsap County Auditor. Q. Waiver: A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this AGREEMENT unless stated to be such in a writing signed by an authorized representative of the party and attached to the original AGREEMENT. R. Governing Law: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Washington. S. Venue: The venue for any action to enforce or interpret this AGREEMENT shall lie in the Superior Court of Washington for Kitsap County, Washington. T. Multiple Originals: This AGREEMENT may be executed in multiple copies, each of which shall be deemed an original. U. Severability: If any provision of this AGREEMENT or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the AGREEMENT which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this AGREEMENT are declared to be severable. IN WITNESS WHEREOF, this AGREEMENT was executed by the parties on the dates hereinafter indicated. DATED this ____ day of _______, 2022 DATED this ____ day of _______, 2022 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON _________________________________ Greg Wheeler, Mayor Edward E. Wolfe, Chair ATTEST: Charlotte Garrido, Commissioner City Clerk Robert Gelder, Commissioner Approved as to Form: ATTEST: City Attorney Dana Daniels, Clerk of the Board EXHIBIT A: W EST S OUND S TORMWATER O UTREACH G ROUP Scope of Work & Budget for 2023-2025 Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor have been working to jointly develop, implement, and fund NPDES Municipal Stormwater Permit-required outreach via interlocal agreements since 2008. With the additions of Bainbridge Island and Port Angeles in 2012, the group assumed the name of West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound under the Stormwater Outreach for Regional Municipalities (STORM) umbrella. A.GOALS, OBJECTIVES, AND TASKS Dƚğƌƭʹ 1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II Municipal Stormwater Permit Section S5.C.2, Public Education and Outreach, through the implementation of o Build general awareness about methods to address and reduce impacts from stormwater runoff; o Effect behavior change to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts; and, when possible, o Create stewardship opportunities that encourage community engagement in addressing the 1 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. 6. Identify opportunities for future collaboration on any new education and outreach requirements in the future NPDES Phase II Municipal Stormwater Permit (expected to be issued in 2024). hĬƆĻĭƷźǝĻƭ ε ğƭƉƭʹ Objective 1 Develop and adhere to an annual work plan for each year of this interlocal agreement. 1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater Permit (2019) p.14. Task 1.1 Jointly develop a work plan for each year by January 31 of 2023, 2024 and 2025. Objective 2 Build on existing successful efforts of the ongoing Pet Waste in Public Places campaign (aka Mutt Mitt program) behavior change program (required under S5.C.1.a.ii and S5.C.1.c of the 2013 Permit). Maintain elevated awareness levels and environmentally positive behavior trends for the one target audience and behavior selected (pet owners/proper disposal of pet waste in public areas). Task 2.1 Review available evaluation data from other local programs as available to determine impact of existing outreach efforts. Task 2.2 Continue to achieve sustained awareness and practice of proper pet waste management. Continue to implement the Mutt Mitt program, including a strategy for continued awareness and behavior adoption for the current Permit term using adaptive management as necessary, promoting maintenance of the Mutt Mitt Program and supporting growth where indicated. Objective 3 Using social marketing practices and methods, implement the Natural Yard Care campaign with built in evaluation protocols for one target audience and behavior (DIY homeowners with kids or pets/using safer yard care products). Task 3.1 Continue to implement the campaign strategy across the WSSOG boundaries based on previously performed or locally available and applicable research that includes an evaluation plan with specific, measurable, and achievable outcomes. Revise as necessary based on emerging issues, opportunities, and evaluation results. Task 3.2 Assess the effectiveness of the campaign at proper intervals, documenting progress, and changing the campaign strategy as necessary to achieve desired outcomes. Task 3.3 No later than March 31, 2024, evaluate and report on: o The changes in understanding and adoption of targeted behaviors resulting from the implementation of the strategy; and o Any planned or recommended changes to the campaign in order to be more effective; describe the strategies and process to achieve the results o Use the results of the evaluation to continue to direct effective methods and implementation of the ongoing behavior change program. Task 3.4 Continue the program at an appropriate level once measurements indicate increased adoption of the behavior in the target audience. Objective 4 Collaborate on joint outreach and/or educational materials for the new business inspection ordinance and program (S5.C.6) to help cost saving and increase efficiency. Task 4.1 Seek opportunities to collaborate on joint outreach components such as print materials or other outreach tools. Objective 5 Use adaptive management to refine programs and direct education and outreach resources most effectively. Task 5.1 Take advantage of mutually beneficial outreach opportunities that fall within the NPDES Permit-required scope of audiences and behaviors, regardless of prioritization ranking. Task 5.2 Seek opportunities to share among member jurisdictions the existing outreach efforts to audiences not prioritized within the WSSOG activities, such that these efforts are beneficial to all members. Task 5.3 Pursue grants and other funding opportunities as available and appropriate. Objective 6 Represent the WSSOG on larger regional stormwater outreach efforts through participation as a contributing member of STORM and the Puget Sound Starts Here (PSSH) campaign development team. Task 6.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve results of use and benefit to the WSSOG. Task 6.2 Promote capacity building among STORM and WSSOG members to raise the caliber of collective outreach in the region. Task 6.3 Support development and implementation of the PSSH awareness campaign in conjunction with on the ground local behavior change programs. Task 6.4 Participate in regional work groups on targeted behaviors (e.g.: Pet Waste, Natural Yard Care, Mobile Businesses, etc.) Objective 7 Track and maintain records of education and outreach activities. Publish an annual summary of activities that is suitable for use in NPDES reporting. B. BUDGET Table 1 and 2 shows the annual budget for years 2023 through 2025. The annual Staff Time budget of $56,198 is for 0.5 FTE of a Kitsap County Ed Interlocal Agreement and manage outreach programs identified in the annual work plan on behalf of the WSSOG. This funding also includes coordination with STORM, the Puget Sound Starts Here campaign development team, ECO Nets, and all associated travel expenses; as well as administrative duties such as financial tracking and management. The annual staff time budget will be shared by all WSSOG jurisdictions in proportion to their relative population size, as shown in Table 1 and 2. The annual Outreach Base Programs budget of $88,438 will be used to implement joint programs prioritized by the group and agreed upon for inclusion in the WSSOG annual work plan. This may include activities such as implementation of the Mutt Mitt Program, natural yard care outreach, reporting hotline promotion, advertising, local implementation of the Puget Sound Starts Here campaign, outreach collateral development and production, other priority behavior change programs, evaluation/surveys/focus groups/studies, and/or professional services to achieve any of these activities or tasks. The WSSOG will make every effort to minimize actual costs by selecting competitive bids for professional services, and by pursuing grants and other funding sources as available and appropriate. The annual Supplemental Programs Budget was added to accommodate several jurisdictions that expressed a desire for additional outreach support. This allows flexibility for jurisdictions to customize a suite of outreach options to meet the needs of their communities. Rates for elementary classroom lessons were based on County staff time for lesson preparation, teaching time, and travel. Cinema ad rates were based on real charges incurred for similar advertising in 2021. To meet the needs of jurisdictions who utilize biennial budget cycles, year 2023 and years 2024-2025 were calculated on separate charts. Table 1. Annual budget for all program elements - 2023. Population Staff Base Programs Budget Suppl. Annual Relative Jurisdiction Est. 2021 Time Programs Cost per PSSH & Programs BPB Total Population (OFM) Budget Budget Jurisdiction Mutt Mitt Unincorp. KC 180,840 58.33% $32,781 $44,413 $44,413 $0 $77,194 Bremerton 43,970 14.18% $7,971 $10,799 $2,500 $13,299 $0 $21,269 Bainbridge 24,930 Island 8.04% $4,519 $6,123 $2,500 $8,623 $0 $13,142 1 Port Angeles 20,120 6.49% $3,647 $4,941 $1,750 $6,691 $2,200$12,538 2 Port Orchard 15,960 5.15% $2,893 $3,920 $2,550 $6,470 $860 $10,223 3 Poulsbo 12,000 3.87% $2,175 $2,947 $2,500 $5,447 $2,750 $10,372 Gig Harbor 12,200 3.94% $2,212 $2,996 $500 $3,496 $0$5,708 TOTAL 310,020 100.00% $56,198 $76,138 $12,300 $88,438 $5,810 $150,446 t{{I ε aǒƷƷ aźƷƷ ĭƚƌǒƒƓ ƩĻƦƩĻƭĻƓƷƭ ğ ĬǒķŭĻƷ ŭǒźķĻƌźƓĻ ŅƚƩ ƷŷĻƭĻ ƷǞƚ źƷĻƒƭ ƦĻƩ ƆǒƩźƭķźĭƷźƚƓ͵ 1 Includes funding for 3 months of cinema ads in Port Angeles. 2 Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard. 3 Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo. Table 2. Annual budget for all program elements 2024 & 2025. Population Staff Base Programs Budget Suppl. Annual Relative Jurisdiction Est. 2021 Time Programs Cost per PSSH & Programs BPB Total Population (OFM) Budget Budget Jurisdiction Mutt Mitt Unincorp. KC 180,840 58.33% $32,781 $44,413 $44,413 $0 $77,194 Bremerton 43,970 14.18% $7,971 $10,799 $2,500 $13,299 $0 $21,269 Bainbridge 24,930 Island 8.04% $4,519 $6,123 $2,500 $8,623 $0 $13,142 1 Port Angeles 20,120 6.49% $3,647 $4,941 $1,750 $6,691 $2,200$12,538 2 Port Orchard 15,960 5.15% $2,893 $3,920 $2,550 $6,470 $860 $10,223 3 Poulsbo 12,000 3.87% $2,175 $2,947 $2,500 $5,447 $2,750 $10,372 Gig Harbor 12,200 3.94% $2,212 $2,996 $500 $3,496 $0$5,708 TOTAL 310,020 100.00% $56,198 $76,138 $12,300 $88,438 $5,810 $150,446 t{{I ε aǒƷƷ aźƷƷ ĭƚƌǒƒƓ ƩĻƦƩĻƭĻƓƷƭ ğ ĬǒķŭĻƷ ŭǒźķĻƌźƓĻ ŅƚƩ ƷŷĻƭĻ ƷǞƚ źƷĻƒƭ ƦĻƩ ƆǒƩźƭķźĭƷźƚƓ͵ 1 Includes funding for 3 months of cinema ads in Port Angeles. 2 Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard. 3 Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo. AGENDA BILL CITY OF BREMERTON 3F CITY COUNCIL SUBJECT: Public Works Agreement with Study Session Date: June 22, 2022 Brumfield Construction, Inc. for CW-4 Beach COUNCIL MEETING Date: July 6, 2022 Mitigation project Department: Engineering Presenter: William Davis Phone: (360) 473-2312 SUMMARY: This project will remove debris from the beach as in-kind mitigation for the Department of Natural Resources (DNR) to allow the City to decommission in place approximately 1000 feet of buried sewer main in State-owned tidelands. This sewer infrastructure was decommissioned in 2020 during the Sewage Pump Station CW-4 Upgrades project and is 4-5 feet deep in the beach. Rather than an extremely disruptive excavation to remove this buried infrastructure, the in-kind mitigation will remove creosote piling, failed concrete and rock armoring, exposed pipes and other manmade debris from the surface of the beach. The limits of the work are approximately 400 feet west of Ohio Avenue to the Warren Avenue Bridge. The City received six (6) proposals to complete the work. Brumfield Construction, Inc. submitted the selected proposal for $207,698.40 (which includes sales tax). The City used the small works roster procedures described in RCW 39.04.155 to select this contractor. ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the wastewater CIP for 2022. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award the construction contract for CW-4 Beach Mitigation to Brumfield Construction, Inc. in the amount of $207,698.40 (including 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 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Brumfield Construction, Inc.(“Contractor”), whose mailing address is 2007 Westport Rd., P.O. Box 600, Aberdeen, WA 98520. The partiesagree as follows: 1.CONTRACTORSERVICES. The Contractor shall perform the following services for the City in the Bid Documents titled: CW-4 Beach Mitigation. 2.TIME OF COMPLETION. Contractor shall complete the work within 20 working days of the date of issuance of the Notice to Proceed. 3.COMPENSATION. The City shall pay the Contractor the total amount of $207,698.40with Washington State Sales Tax,for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described inthe invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection andacceptance of the project. A.Performance Bond. Pursuant toChapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage inthe amount of five percent(5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. TheCity reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’swritten approval. If Contractor is unable, for any reason,to satisfactorily complete any portion of the work, the City may completethe work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legalcosts and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work,including any Additional Costs, from any and all amounts due or to become due the Contractor. PUBLIC WORKS AGREEMENT – Page 1 of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) D.Final Payment: Waiver of Claims.THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLYMADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR.Contractor is and shall be at all times acting as an independent contractor and not as anemployee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secureall applicable business licenses, if required, in connection with the contract services,including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5.TERMINATION.The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.TheContractor’sfailure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to sub-contractors or for material or labor. D.The Contractor’s persistent disregard of federal, state orlocal laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. I f the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES.Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions.Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid openingdate.The Kitsap County rates are available at the Department of Labor and Industries website. 7.CHANGES.The City may issue a written work change directive for any change in the Contract work during the performance of this agreement.If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) businessdays of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that PUBLIC WORKS AGREEMENT – Page 2 of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment.The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments.However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate.The Contractor shall proceed with the change order work upon receiving a written work change directive or change order fromthe City. If the Contractor fails to require a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with theequitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive orchange order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showingthe schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B.C. In spite of any protest, the ontractor’s Duty to Complete Protested Work Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that isaccepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, includingcosts of delays related to any work, either covered or affected by the change. PUBLIC WORKS AGREEMENT – Page 3 of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) D.Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F.Liens.In the event that there are any liens on file against the City of Bremerton, the City of Bremertonshallbeentitled to withholdfinal or progress payments to the extent deemed necessary by the City of Bremerton toproperly protect the outstanding lien claimants until proper releases have been filed with the City Clerk. 8.CLAIMS.The Contractor shall givewritten notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether underthis agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timelywritten claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City withinseven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BEAN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendardays from the date the contract work is complete. 9.WARRANTY. The Contractor shallcorrect all defects in workmanship and materials within one year from the date ofthe City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction iscompleted and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, theCity may complete the corrections and the Contractor shall pay all costs incurred by theCity in order to accomplish the correction. 10.INDEMNIFICATION.Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents andvolunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out ofor in connection PUBLIC WORKS AGREEMENT –Page 4of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work whencompleted shall not be grounds to avoid any of these covenants of indemnification. Should a court ofcompetent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the eventof liability for damages arising out of bodily injuryto persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE , TITLE 51RCW,SOLELY FOR THE PURPOSEOF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE. The Contractor shall procureand maintain forthe duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this agreement,the Contractor shall provide a Certificate of Insuranceevidencing: A.Automobile Liabilityinsurance with limits no less than $1,000,000 combined singlelimit per accident for bodily injury and property damage; and B.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personalinjury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C.Excess Liabilityinsurance with limitsnot less than $1,000,000 per occurrence and aggregate; and D. Workers Compensationinsurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits notless than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. PUBLIC WORKS AGREEMENT –Page 5of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) The City, its officials, employees, agents and volunteers shall be named as an additional insuredon the insurance policy, asrespects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clausestating that coverage shallapply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall containawaiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161,orby th certified mail, return receipt requested to City of Bremerton, attn:Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failureto do so shall be construed to bea breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimuminsurance requirements specified above. The Contractor shall, upon demandof the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12.MISCELLANEOUS. A.Equal Employment Opportunity Statement.In the hiring of employeesfor the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractorshall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexualorientation/gender identity,marital status, military status, or the presenceof any physical, mental or sensory disability. B.ADA Statement.The City of Bremerton does not discriminate on the basis of disability in programs and activities, which itoperatespursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonableaccommodation for employeesor applicants for employment will be provided. C.Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s ownrisk, andContractor PUBLIC WORKS AGREEMENT –Page 6of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) shall be responsible for any loss of or damage to materials,tools, or other articles used orheld for use in connection with the work. E.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect overning Law F.G. This agreement shall be governed and construed in accordance with the laws ofthe State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through thejurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H.Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three(3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K.Severability. If any one or more sections, sub-sections, or sentences ofthis agreement are held to be unconstitutional or invalid, thatdecision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and thosestatements shall not be construed as forming apart of or altering in any manner this agreement. This agreement and any attached Exhibits containthe entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M.Mutually Bound.Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shallassume toward PUBLIC WORKS AGREEMENT – Page 7 of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N.Solicitation of Minority Business.PerRCW 35.22.650,Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shallfurnish evidence of the contractor's compliancewith these requirementsof minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. BRUMFIELD CONSRUCTION, INC.THE CITY OF BREMERTON PrintName:Print Name:GregWheeler Title:Title:Mayor DATEDATE Notices to be sent to:Notices to be sent to: BRUMFIELD CONSRUCTION, INC: CITYOF BREMERTON: Garrett DurwardAngela Hoover th 2007 Westport Rd., P.O. Box 600 345 6Street, Suite 100 Aberdeen, WA 98520 Bremerton, WA 98337 (360)789-9513(360)473-2323 APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Public Works Agreement (short form) Rev. 05 2022.doc PUBLIC WORKS AGREEMENT – Page 8 of 8 (BetweenCity of Bremerton and Brumfield Construction, Inc.) PROJECT LOCATION MAP FOR CW-4 BEACH MITIGATION 200,714.00 207,698.40 222,440.40 266,229.60 TOTAL 222,440.40368,116.26207,698.40286,104.00266,229.60312,475.80 18,740.4031,013.4617,498.4024,104.0022,429.6026,325.80 SALES TAX Noreen Bolo/Vicki JohnsonNoreen Bolo OPENED BY:RECORDED BY: 203,700.00337,102.80190,200.00262,000.00243,800.00286,150.00 BASE BID $ $ $ $ SUMMARY 2:00 PM BID TABULATION CITY OF BREMERTON BOND *cashier's check CW-4 Beach Mitigation TIME OPENED: 6/8/2022 - - DER - Quigg Bros., Inc. DER BID NAME OF BIDDER DER BID Brumfield Construction, Inc. OW Waterfront Contruction, Inc. BID Global Diving and Salvage, Inc. Sealevel Bulkhead Builders, Inc. L American Construction Co., Inc. OW L OW L BID TITLE:DATE OPENED: ENGINEER ESTIMATE (INC SALES TAX)APPARENTSECONDTHIRD AGENDA BILL CITY OF BREMERTON 3G CITY COUNCIL SUBJECT: Study Session Date: June 22, 2022 Goods & Services Agreement with Reiner COUNCIL MEETING Date: July 6, 2022 Pump Systems, Inc. for the Purchase of two Department: PW&U/WWTP Low Flow Sulzer Sewage Pumps and Presenter: Eric J. Burris Associated Parts for Lift Station CE-1 Phone: (360) 473-5448 SUMMARY: Lift station CE-1 has two low flow pumps that need replaced. The Sulzer pumps are being sole sourced because there will be no needed modifications to the existing piping, etc. to accommodate a different brand of pump. This in turn is going to eliminate added costs associated with extra materials and labor. Staff received a quote from Reiner Pump Systems for two new pumps, polymer coating of internal pieces, and spare parts in the amount of $138,157.66 including shipping and applicable sales tax. ATTACHMENTS: 1) Sales quote from Reiner Pump Systems; 2) Sole source justification; 3) Goods and Services agreement FISCAL IMPACTS (Include Budgeted Amount): Funding is available through Fund 454 STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the purchase of two new Sulzer sewage pumps and associated parts through a Goods and Services Agreement with Reiner Pump Systems for $138,157.66; 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 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and ______Reiner Pump Systems, Inc.________________ ("Vendor"), whose mailing address is: 53 US-206, Stanhope, NJ 07874. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Please see attached Exhibit A: quote for materials details II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 22 weeks from the date all parties have signed this Agreement. This is an estimate and is subject to change. Notification within 14 days of original delivery date. III. COMPENSATION. The City shall pay the Vendor the total amount of $_138,157.66 including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Upon receipt of all goods and services per Exhibit A. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. Page 8 of 8 Goods and Services Agreement Rev. 09/2021 B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. notify the City of delays and/or changes within 14 days prior to such actions as noted in Section II. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed . VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change Page 8 of 8 Goods and Services Agreement Rev. 09/2021 or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Page 8 of 8 Goods and Services Agreement Rev. 09/2021 Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. Attached as Exhibit B, Sulzer 5-year pro-rated warranty and terms and conditions are incorporated into this agreement. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Page 8 of 8 Goods and Services Agreement Rev. 09/2021 B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. - The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor -5161, or by certified th mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O Page 8 of 8 Goods and Services Agreement Rev. 09/2021 taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications as incorporated in Exhibit A 4. Terms and Conditions as incorporated in Exhibit B 5. C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, Exhibit B 2. Specifications, Exhibit A 3. Proposal, as Exhibit A D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. stries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance Page 8 of 8 Goods and Services Agreement Rev. 09/2021 of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn:Contracts Administrator Attn: Ryan Brusca City of Bremerton Reiner Pump Systems, Inc. th 345 6 Street, Suite 100 53 US-206 Bremerton, WA 98337-1891 Stanhope NJ, 07874 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language Page 8 of 8 Goods and Services Agreement Rev. 09/2021 contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton Reiner Pump Systems, Inc. By: By: Print Name: Print Name: Ryan Brusca Its: Its: Western WA Territory Mgr Date: Date: 06/07/2022 APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Goods and Services Agreement Rev 09 2021.docx Page 8 of 8 Goods and Services Agreement Rev. 09/2021 Ref: CE1 155J Replacment BILLTOSHIPTO City of Bremerton WWTP City of Bremerton WWTP 6/8/2022 QuoteDate: 1600 Oyster Bay South 1600 Oyster Bay South 60 days ValidFor: Bremerton WA 98312 Bremerton WA 98312 (360)340-2654 (360)340-2654 QUOTE Dear Mr. Golnik, Reiner Pumps Systems, Inc. is pleased to offer the following equipment for your consideration. Please see pricing below and attached technical data sheets. DESCRIPTIONUNITPRICE QTYTOTAL XFP 155J-CB2 PE1250/4, 460V, 3phase, 365mm impeller, Dry Pit2$ 38,170.34$ 76,340.69 Belzona Polymer Coating for high grit4$ 3,790.41 $ 15,161.66 $ 9,498.30 Impeller & Wear Plate, Duplex SS (ASTM A890, CD3MN Grade 4A)2 $ 18,996.60 $ 4,055.92 VOLUTE CASE XFP150J/155J-CB GG (STANDARD VOLUTE)2 $ 8,111.84 $ 3,353.61 KIT REPAIR XFP PE5-J NG2 NB ISOL.L (Nitrile rubber with Insulated Upper Bearings)2 $ 6,707.22 $ - $ - SUBTOTAL $ 125,318.00 NOTES: DISCOUNT 1) Lead time on pumps is 3-4 weeks, ADD 2 weeks for Belzona coating SUBTOTALLESSDISCOUNT $ 125,318.00 SHIPPING/HANDLING $ 1,200.00 2) Lead time on SS Impellers is estimated 20-22 weeks. TBD with confirmation. TAXRATE 9.2% 3) Shipping is estimate and will be billed at actual rate TOTALTAX $ 11,639.66 4) Freight FOB Sulzer Factory Easley, SC QuoteTotal$138,157.66 Terms: Net 30 days from invoice Sincerely, Ryan Brusca Reiner Pump Systems, Inc. Ejhjubmmz!tjhofe!cz!Upn!Lovdlfz! Upn!Lovdlfz Ebuf;!3133/17/12!29;37;26!.18(11( AGENDA BILL 3H CITY OF BREMERTON Updated CITY COUNCIL SUBJECT: Purchase of two New Variable Study Session Date: June 22, 2022 Frequency Drives and Associated Parts from COUNCIL MEETING Date: July 6, 2022 North Coast Electric Company for Lift Station Department: PW&U/WWTP CE-1 Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: The Variable Frequency Drives (VFDs) for the low flow pumps at lift station CE-1 are at the end of their lifespan and are no longer supported. Staff has received a quote from North Coast Electric Company for 2 new VFDs and associated parts for the sum of $58,347.88 including shipping and applicable sales tax. ATTACHMENTS: 1) North Coast Electric Company Terms and Conditions Updated; 2) Quote #S011692499 from North Coast Electric Company; 3) Sole source justification FISCAL IMPACTS (Include Budgeted Amount): Funding is available through Fund 454 STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the Variable Frequency Drives -1 with North Coast Electric Company through North Coast Electric Terms and Conditions for $58,347.88; 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 Ejhjubmmz!tjhofe!cz!Upn!Lovdlfz! Upn!Lovdlfz Ebuf;!3133/17/13!24;34;44!.18(11( AGENDA BILL CITY OF BREMERTON 3 I CITY COUNCIL SUBJECT: Professional Services Study Session Date: June 22, 2022 Agreement with Robinson Noble, Inc. for COUNCIL MEETING Date: July 6, 2022 Hydrogeological Oversight for Well Drilling Department: Public Works & Utilities (Wells 7R and 9R) Presenter: Cami Apfelbeck Phone: (360) 473-2315 SUMMARY: This agreement provides hydrogeological oversight of the drilling and construction of two production wells to replace existing wells now out of operation. In 2021, Well 7 suddenly and dramatically lost efficiency which was determined to be unrecoverable, and the well was taken out of service. Well 7 was an important deep aquifer well in the Anderson Creek Wellfield. The wellfield provides ~20% of overall production on average and serves as critical backup when the surface water system is shut down. Well 9, which collapsed and was taken out of service in 2010, is one of only three wells serving East Bremerton. Not only is the replacement urgently needed to meet high summertime demands without exhausting the remaining two wells, but replacement must be completed before the end of the year in order to meet a water rights preliminary permit deadline. Well design and construction is a complicated process that requires a team of consultants and contractors: a hydrogeologist and engineer to site and design the well and provide oversight of construction and testing; a construction contractor to prepare the drilling site for appurtenances, access, utilities, and work areas; and a well-driller to drill the well. This is the agreement to secure the hydrogeologist. Engineering will be bringing forward agreements to secure the remaining services. ATTACHMENTS: Professional Services Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): $180,000 from the Water Utility Capital Budget as scheduled in the approved CIP. No budget additions or changes required. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Robinson Noble Inc.; 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 11/09/2021 PROFESSIONAL SERVICES AGREEMENT Hydrogeological Oversight Well Drilling (Wells 7R and 9R) Robinson Noble Inc. I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 13th, 2022 including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $180,000.00 shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its person employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The stration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the , unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. liability insurance (if - The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub- responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 with respect to the project and are the property of the City. Any reuse by the City for other than C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Page 5 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 Notices to be sent to: Notices to be sent to: CITY: CITY OF BREMERTON CONSULTANT: ROBINSON NOBLE INC. Attn: Water Utility Manager Attn: James E. Hay City of Bremerton Robinson Noble Inc. 100 Oyster Bay Ave. N. 2105 South C Street Bremerton, WA 98312 Tacoma, WA. 98402 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. In the event of litigation to enforce any of the terms or provisions O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. Page 6 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) -performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Page 7 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Robinson Noble, Inc. By: By: Print Name: Greg Wheeler Print Name: James E. Hay Its: Mayor Its: Principal Hydrogeologist Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk Page 8 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 EXHIBIT A Scope of Work Professional hydrogeological oversight and direction of Well 7 replacement well drilling project: 1) Communicate with the City, WSDOH and KPHD about site approval requirements. 2) Assist with submission of a well site approval application with WSDOH. 3) Prepare a written seal plan. 4) Work with the City and WSDOH to help resolve any potential issues concerning the surface/formation seal and assist with any modifications to the seal depth and construction. 5) Preparation of technical specifications and bid assistance. 6) Attend pre-bid and pre-construction meetings. 7) Oversite of the drilling, design, construction, development and testing of the new well followed by a written report. 8) Prepare a written testing plan per WADM Appendix E for review and approval by WSDOH. 9) Oversee a 24- or 72- hour pump test required by WSDOH. Professional hydrogeological oversight and direction of Well 9 replacement well drilling project: 1) Communicate with the City, WSDOH and KPHD about site approval requirements. 2) Assist with submission of a well site approval application with WSDOH. 3) Work with the City and WSDOH help resolve any potential issues concerning the surface/formation seal and assist with any modifications to the seal depth and construction. 4) Preparation of technical specification and bid assistance. 5) Attend pre-bid and pre-construction meetings. 6) Oversite of the drilling, design, construction, development and testing of the new well followed by a written report. 7) Prepare a written testing plan per WADM Appendix E for review and approval by WSDOH. 8) Oversee a 24- or 72-hour pump test required by WSDOH. Page 9 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 EXHIBIT B Work Schedule Work shall commence immediately upon execution of this Agreement and continue until projects are completed. Estimated completion date: Well 9 - December 31, 2022; Well 7 - December 31, 2023 Page 10 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 EXHIBIT C Fee Schedule Page 11 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 Page 12 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 Page 13 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 Page 14 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 Page 15 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 :\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 06 2020.docx Page 16 of 16 Bremerton/Robinson Noble Inc. Hydrogeological Oversite - Well Drilling (Wells 7R and 9R) Rev. 10/2021 AGENDA BILL CITY OF BREMERTON 5A CITY COUNCIL Updated SUBJECT: Study Session Date: June 22, 2022 Public Hearing on Resolution No. 3351 COUNCIL MEETING Date: July 6, 2022 to adopt the 2023 CDBG/HOME Policy Plan Department: DCD-Block Grant Presenter: Sarah Lynam Phone: (360) 473-5375 SUMMARY: The action before Council is adoption of the 2023 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 st use of HUD CDBG and HOME funds. This plan was released on June 1 for public comment, and to date there have been no comments made. ATTACHMENTS: 1. Staff Memo; 2. Resolution No. 3351 and Exhibit A-2023 Policy Plan Updated 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 the Resolution No. 3351 adopting the 2023 CDBG/HOME Policy Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM To:Bremerton City Council From:Sarah th Date:July 6 Re: Public Hearingto adopt the2023 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 2023 1.City of Bremerton HOME funding will used toincrease affordable housing stock. 2.City of Bremerton CDBG funding will be used for housing rehabilitation, economic developmentmicroenterprise assistance, and public facilities and infrastructure that meet the priorities outlined above and contained in theConsolidated Plan. Important components of the Policy Plan Funding Priorities To stay consistent with the past year(s) the funding priorities for CDBG funds are as follows:Capital Projects 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, and Public Facility and Infrastructure projects. FY 2022 Income Limits All projects will utilize the HUD FY 2022 Income Limits. As a statutory requirement these income limits whichare based off the Bremerton-Silverdale MSA mustbe used. When FY 2023 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 stth A 15-day public comment period commencedJune 1and willend June 15. RESOLUTION NO. 3351 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2023 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 2023 CDBG allocation of $400,000 with 20% set-aside for administration; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2023 HOME allocation of $179,600, 10% of which will be set-aside for administration, and 15% for Community Housing Development Organization projects; and WHEREAS, all projects must meet both a Consolidated Plan Funding Priority as well as a Council Priority, both of which are detailed in the Policy Plan; and WHEREAS, all funding will be allocated competitively to eligible applicants for projects that fit the requirements set forth in the CDBG regulations at 24 CFR part 570 and HOME regulations at 24 CFR part 92; and WHEREAS, the Department of Community Development Block Grant staff st advertised in the Kitsap Sun and posted on the City's website on Wednesday June 1 a 15-day written public comment period commencing June 1st, ending June 15th, 2022, and open for th public comment in a public hearing on July 6; 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 2023 CDBG/HOME Policy Plan attached hereto as Exhibit A is hereby adopted. 1 2023 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 _____________, 2022. ____________________________________ MICHAEL GOODNOW, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ____________________________________ KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk 2 2023 CDBG/HOME Policy Plan Exhibit A City of Bremerton Community Development Block Grant 2023 CDBG/HOME POLICY PLAN CDBG/HOME POLICY PLAN Contents ExecutiveSummary..........................................................................................1 Community Development BlockGrantProgram............................................1 CDBG Funding..................................................................................................2 HOME Funding..................................................................................................6 AllocationProcess...........................................................................................7 Policies & Regulations for UseofFunds........................................................8 CitizenParticipationPlan................................................................................15 ConsolidatedPlan...........................................................................................15 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/HOMEPolicyPlan2023 Executive Summary The 2023 City of Bremerton CDBG/HOME Policy Plan provides guidance for applicants applying for 2023 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 2023 grant application cycle will be included in the Year 3, 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/Modbenefit •Infrastructure and Capital improvementsprojects •Projects which improve and preserve affordablehousing; •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 andNOFA. Policy Changes for 2023: 1.The City of Bremerton HOME Funding priority is to increase affordable housingstock. 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 ConsolidatedPlan. 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. TheCityofBremertonisdesignatedasanEntitlementCommunitybytheDepartmentofHousing 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 (asdetermined 1 CDBG/HOMEPolicyPlan2023 by HUD) of the annual allocation of HOME funds is designated for the City and the remaining designated for the County. As the City of Bremerton is designated as a separate Entitlement Community and therefore the City receives its own CDBG funds directly. CDBG funds are allocated annually through the City in Requests for Funding Proposals. HOME funds are allocated annually through a competitive grant process coordinated by Kitsap County. Projects funded are included in the annual Action Plan submitted to HUD. Projects fundedmustaddressneedsidentifiedintheConsolidatedPlan,whichisupdatedeveryfiveyears. 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 incomehouseholds; 2.Reduce or prevent slum and blight;or, 3.Meet an urgent need (emergency or naturaldisaster) WHO IS AN ELIGIBLE APPLICANT/RECIPIENT? Eligible applicant/recipients include: •City or Countygovernments •Public and private nonprofit organizations(501(c)3) •Section 301(d) small business investmentcompanies •Local developmentcorporations •Private for-profit organizations may implement certain capital, economic development and microenterprise activities (please contact the Block Grant Administrator to confirm if your activity iseligible). •Faith based organizations (restrictions may apply to ensure equal employment opportunity) •Additionally, applicantsmust: •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 theagency. •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 financialrequirements 2 CDBG/HOMEPolicyPlan2023 FUNDING PRIORITIES All Projects MUST meet one of the following Consolidated Plan funding priorities: •Capital projects which can demonstrate benefit to low/moderate incomeresidents; •Improve, create new units of, and preserve affordablehousing; •Expand economic opportunities for very-low, low, and moderate income Bremerton residents; For the 2023 Program Year the following priorities for use of funds will be: Capital Projects which can demonstrate a benefit to low/moderate incomeresidents City-Wide Economic Developmentprojects City-Wide projects which create, develop, support, or preserve units of affordable housing. Public Facility and Infrastructureprojects 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. ALMI 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 moreunits, at least 51 percent must be LMIoccupied. When housing rehabilitation or new construction single family housing activities are conducted by a Community Development Financial Institution or as part of a HUD- approved Neighborhood Revitalization Strategy multiple units (e.g. scattered site housing) may be aggregated for the purposes ofmeeting the LMI benefit national objective. Currently the City does not have a CDFI or an approved Neighborhood Revitalization StrategyArea. Rental Housing (both new construction and rehabilitation) activities that provide or improve permanent residential structures can only qualify as benefitting LMI households under the 3 CDBG/HOMEPolicyPlan2023 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 NationalObjective. 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 LMIpersons. Grantees are required to adopt and make public their standards for determining “affordablerents” 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 CDBGregulations. 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 LMIpersons. 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 2022 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 tocomplete a project. Please note that projects with multiple sources of funding will be more competitive than projects that are utilizing CDBG as their onlyfunding source. 4 CDBG/HOMEPolicyPlan2023 WHAT IS THE DISTRIBUTION OF CDBG FUNDS? The CDBG program allows certain set-asides to further specific program goals. The City has set additional funding targets to help meet local objectives. The following is the distribution for the City of Bremerton: CDBG •Planning & Administration –20%max •City-Wide Economic DevelopmentProjects •Capital Projects which can demonstrate a low/moderate incomebenefit 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 2023 Entitlement$400,000 Estimated 2023 Program Income $5,000 $405,000 2023 Total 2023 Funding Available for Grant Administration (20% of $81,000 Entitlement + Program Income) 2023 Funding Available for Grant Applications$324,000 15% available for economic development programs (if a public service activity):$60,750 Total Remaining for Capital Projects:$263,250 *prioritizationof capital projects will be for: affordable housing projects, weatherization and minor home repair, and projects which create suitable living environments. 5 CDBG/HOMEPolicyPlan2023 HOMEFUNDS WHAT ARE HOME FUNDS? The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: Expand the supply of decent, safe, sanitary, and affordable housing; •Strengthen the abilities of state and local governments to providehousing; •Expand the capacity of nonprofit community based housing development organizations; and, •Leverage private sector participation in financing affordablehousing. Beneficiaries of HOME funds –homebuyers, homeownersor 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 fullyrepaired •New construction of residentialproperty •Acquisition of residentialproperty •Rental assistance payments totenants •Relocation associated with an eligible HOMEproject •A small part (up to 5%) of the annual HOME allocation may be used to help pay the operating expenses of designated Community Housing DevelopmentOrganizations (CHDOs) within the guidelines established byHUD The following activities are generally not eligible for HOME funding: •Project reserve accounts, except for the initial 18 months of a HOME assisted new constructionproject •Emergency home repairprograms •Public housingunits •Commercialproperties •Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be considered rentalhousing •Project based tenantassistance 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 6 CDBG/HOMEPolicyPlan2023 What are the HOME priorities for the City of Bremerton? •Preservation of affordablehousing; •Increasing affordable housing opportunities for low to moderate Bremertonresidents; •Rehabilitation of older housing stock to increase affordable housingopportunities. •Acquisition with or without rehabilitation of rental housingunits •Rehabilitation of rental housingunits •Site-Acquisition and new construction of new rental housingunits. 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 determineany 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. Funding proposal willbe made available for public review and comment in late August/ early September.. 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. Additional policies and procedures for HOME funds can be found on page 5 and 6 of the Kitsap County Community Development Block Grant and Kitsap HOME Consortium 2023 CDBG/HOME Policy Plan. 7 CDBG/HOMEPolicyPlan2023 HOW CAN MY ORGANIZATION APPLY? For the 2023 program year the application cycle will begin with the release of the Policy Plan in June and thecommencement of a 15 day public comment period. Applications for both CDBG th and HOME funds open June 30. The 2023 Policy Plan will go before City Council for a public th hearing on July 6. Interested organizations can find the funding application and all associated information on the http://www.ci.bremerton.wa.us/display.php?id=864.The schedule for the annual City web site at 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 placedon the City interested parties list to receive automatic notices about these programs. WHEN WILL FUNDS BE AVAILABLE? Funds for the programs taking place in the January 1 –December 31 program year are generally not available until mid-summer of the program year. Timing is dependent on federal budget approval—which is often delayed—and how quickly HUD is then able to allocate funds to local jurisdictions. The City will not execute contracts with subrecipients until we have a contract from HUD. Once contracts are executed CDBG and HOME funds can only be disbursed on a reimbursement basis. POLICIES & REGULATIONS FOR USE OF FUNDS CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency does business. If you are applying for Federal funds for the first time, you are strongly encouraged to familiarize yourself with the requirements. A Guidebook for recipients of CDBG and HOME funds can be found on the City web site at: You may also http://www.bremertonwa.gov/213/Subrecipient-CDBG-HOME-Guidebook. contact the City Block Grant Staff for additional assistance. All new applicants for 2023, and applicants who are unfamiliar with Survey Monkey Apply will be required to attend schedule a one-on-one Technical Assistance session with the CDBG Administrator. Please reach out via email to schedule: Sarah.Lynam@ci.bremerton.wa.us. Appointments will be taken beginning July 1st. A.GENERALREQUIREMENTS 1.Consistency with applicable City, County, and/or State Codes and Policies Tobe considered for funding, projects mustbe consistent with adopted codes and other applicable policies, plans andstandards Agencies that are currently receiving County or City CDBG or HOME funds, who are applyingfor 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. 8 CDBG/HOMEPolicyPlan2023 2.Contract Retainage for FederalCompliance 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 paymentretained until fulfillment of federal compliance is documented. 3.Definition ofIncome 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 andHOME programs; subrecipients must select one method which it will use for the duration of each program/project (rental housing projects must use the Part 5 definition): Annual income as defined in 24 CFR 5.609, referred to as “Part 5 annual income”,or; Adjusted gross income as defined for reporting purposes under the IRS Form 1040long form (not IRS Forms 1040A or1040EZ). 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 DeliveryCosts The Citydoes not currently take project/activity delivery costs. 100% of funds will go to each project that is awarded funds. 5.Commitment and Timely Expenditure ofFunds In order to meet regulatory requirementsthe 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 st with the City during the award year and funds must be fully disbursed by Dec. 31of that sameyear. CapitalAwards: o 1. Organizations with an award of CDBG funds for a capital project must enter into written agreement (contract) in the awardyear. 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 theorganization. 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 inthe 9 CDBG/HOMEPolicyPlan2023 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 reallocated 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 beingmade. 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 fundinghasnot been secured, the conditional commitment will be canceled and the funds will be reallocated. Staff will work with agencies during this time period to ensure the project is moving forward and can meet thetimeline. 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 fundingrecommendation. 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 commitmentdate. Organizations must begin drawing funds within one year of the contract execution date (date the contract was executed) and at least annuallythereafter. Organizations unable to meet these requirements will lose their funding; funds will be reallocated to another eligibleproject. 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 projectcompletion. For additional expenditure criteria and deadlines for use of 2023 (And any prior years CHDO’s will be found in the Affordable Housing RFP for use of City of Bremerton HOME funds). 10 CDBG/HOMEPolicyPlan2023 6.On-going Restrictions for CDBG & HOME Funded CapitalProjects 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 -SPECIFICREQUIREMENTS 1.For more information on specific rules and requirements of the HOME program, including determining whether your project is eligible, please see AppendixD. C.CDBG FUNDING -SPECIFICREQUIREMENTS 1.For more information on specific rules and requirements of CDBG, including meeting a National Objective, please see Appendix C CDBG Eligibility & Program Requirements. D.FINANCIALMANAGEMENT 1.Uniform AdministrativeRequirements 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.AuditRequirements 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. 11 CDBG/HOMEPolicyPlan2023 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.ENVIRONMENTALREVIEW 1.Environmental Review (24 CFR Part58) All CDBG/HOME projects must have a National Environmental Policy Act (NEPA) compliant environmental review process completed before any funds, including funds committed from other sources, can be spent on the project. Additional information on environmental review requirements can be found in Section F of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web sites. The costs associated with conducting a NEPA compliant environmental review for Capital CDBG and HOME funded projects may be charged to the grant award as project costs (HOME) or activity delivery costs (CDBG). Cost will vary depending on the level of review and complexity of the project and include staff time, cost of publishing required legal ads and printing costs. The cost of any studies required to complete the environmental review (i.e. Phase I Environmental Site Assessment, Geotechnical. Report, Cultural Site Assessment, etc.) will be in addition to the costs associated with preparation of the NEPA environmental review andwill be the responsibility of the subrecipient. G.EQUAL OPPORTUNITY &ACCESSIBILITY 1.Fair Housing and EqualOpportunity 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 Part1). 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 Part100-115). 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 Part107). 12 CDBG/HOMEPolicyPlan2023 d.Age Discrimination Act of 1975: Prohibits age discrimination in programs receiving Federal financial assistance (24 CFR Part146). e.For more information on eliminating discrimination visit www.hud.gov/offices/fheo/progdesc/title8.cfm 2.HandicappedAccessibility 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 handicappedpeople. b.Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discriminationin federally assisted programs on the basis ofhandicap. 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 andContracting 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 employmentbecause 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 Part60). 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 servicearea. c.Minority/Women’s Business Enterprise:Outreach to minorities and women in contracting for services (24 CFR85.36(e)). 2.LaborRequirements 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 13 CDBG/HOMEPolicyPlan2023 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 thelocality. 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 perweek. 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 Part35) Housing built before 1978, assisted with HOME or CDBG funds, is subject to the LeadBased Paint Poisoning Prevention Act. The law imposes requirements related to: •Disclosure of known hazards and what has beendone to reducethem; •Treatment, relocation during treatment, and ongoing inspection of units. Project feasibility is an important consideration for housing with lead-basedpaint. 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 NewConstruction a.All capital projects funded with CDBG or HOME must comply with local buildingand firecodes. b.All HOME funded Rehabilitation projects must comply with theRehabilitation Standards adopted by the City of Bremerton Block GrantProgram. c.All rental housing units purchased and/or rehabilitated with CDBG or HOME must pass a Uniform Physical Conditions Standardsinspection. d.All housing must comply with the applicable accessibility requirements for persons withdisabilities. 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 likelyto 14 CDBG/HOMEPolicyPlan2023 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 Grantstaff. CITIZEN PARTICIPATION PLAN HUD requires a Citizen Participation Plan be adopted by jurisdictions receiving CDBG and HOME funds. The plan details the process used by the City in development of the Consolidated Plan and annual application cycle which results in the Action Plan submission to HUD. The City of Bremerton Block Grant Program Citizen Participation Plan can be found in Appendix A. CONSOLIDATED PLAN WHAT IS THE CONSOLIDATED PLAN? The Consolidated Plan rolls the planning, application and performance reporting requirements of several programs run by HUD into one process and one document. In our community the Consolidated Plan covers CDBG (Community Development Block Grants) and HOME (grant for affordable housing) programs jointly for the City of Bremerton and Kitsap County. The plan covers a 5-year period submittal of the 2023 action plan will be for yearthree. 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. 15 CDBG/HOMEPolicyPlan2023 The Consolidated Plan also indicates what programs andresources 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 thedifferentneeds. WHAT ARE THE KEY PARTS OF THE PLAN? A.Housing & Community Development NeedsAssessment 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 thefocus 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 MarketAnalysis 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 StrategicPlan 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 overthe 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 ActionPlan The Action Plan is the one-year plan a jurisdiction must have to show how it is carrying out its long-term Strategic Plan. It shows how the jurisdiction will spend its CDBG and HOME money in the upcoming year. The City of Bremerton use an annual application process through which funds are competitively awarded. Note: The full text of the Consolidated Plan is available on the City of Bremerton web sites and also available upon request. GLOSSARY A Glossary of terms has been included in Appendix F. 16 Appendix A Appendix A Citizen Participation Plan (Updated 5/6/22) 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 blightedareas. Residents of predominately low-and moderate-income neighborhoods. •Minorities and non-English speaking persons, as well as personswith 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 15-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 willalso be Appendix A sent to any agency or organization who requests to be placed on our interested parties email list. 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 th 345 6Street, Suite 100, Bremerton, WA 98337-1873 http://www.bremertonwa.gov/209/Consolidated-Planning or by contacting Sarah Lynam by email at: Sarah.Lynam@ci.bremerton.wa.us or by phone at: 360-473-5375 B.TechnicalAssistance Technical 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 RCW42.23.030). 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 AppendixD. C.Funding Recommendations & ActionPlan 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 Appendix A 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 plans may be examined. Citizens will be provided a period of 30 days to review and comment on the plans. Comments or views of citizens will be considered, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the final Action Plan which will be submitted to HUD. The City of Bremerton will submit the Action Plan, including the projects proposed to th be funded, to HUD no later than November 15of 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 homelesspeople; •Housing Market Analysis: an analysis of the City of Bremerton’s and Kitsap County's housingmarket; •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 developmentactivities; •Citizen Participation Plan (Updated within the annually updated PolicyPlan) •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. (SubmittedAnnually) Appendix A 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 theplan. 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 ConsolidatedPlan. 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 ConsolidatedPlan. 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. SubstantialAmendmentswillbepublishedintheCity’snewspaperofrecordandbe 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 AmendmentsmaybeforwardedforreviewbytheappropriatePRCpriortosubmission totheBremertonCityCouncilforfinalapproval.Commentsorviewsofcitizenswillbe considered at the public hearing, and a summary of any comments or views not acceptedandthereasonstherefore,willbeattachedtothesubstantialamendmentof the final Action Plan which will be submitted toHUD. Substantial amendments include: •Changes in the use of CDBG or HOME funds from one eligible activity to anotherAddinganewactivity •A substantial change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds and approved by thePRC. CDBG or HOME activities awarded fundswhich have a substantial change in the purpose,scope,beneficiaries,locationorbudgetwillbeevaluatedbyBlockGrantStaff and may be required to submit a new application for funding in the next application cycle. Appendix A Projects not expendingtheir 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. Minor project changes may need to be formalized as an amendment tothe subrecipientAgency’scontractwiththeCity.TheAgencywillsubmitawrittenrequest 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.Allrequestswillbereviewed,andapprovedordeniedbytheBlockGrant Administrator. Performance Reports 1.The City of Bremerton Block Grant Division will prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to HUD no later than March st 31of each year for the previous calendaryear. 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’swebsite: 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 toHUD. Public Hearings Bylaw,publichearingsarerequiredinordertoobtainthepublic’sviewandtoprovidethe 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 ActionPlan. Notification of the public hearings and of comment periods will be published in the newspaperofrecordandwillaffordcitizens,publicagencies,andotherinterestedparties a reasonable opportunity to examine the proposed plans and to submitcomments. Appendix A 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 beobtained at http://www.ci.bremerton.wa.us/155/City-Council. Public Comments Interested persons may submit comments in writing during the public comment periods, or orally at the public hearings. Written comments should be directed to: Sarah Lynam Community Development Block Grant Administrator City of Bremerton th 345 6Street, Suite 100 Bremerton, WA98337 Complaints All written citizen complaints will be referred to the appropriate person(s) or agencies for action. Under normal circumstances, the Block Grant Division will respond to the person making the complaint within 15 days. All complaints and responses will be kept on file. Resources Newspaper of Record: Notification will be placed in the following newspaper under Legal Notices at least ten days before a public meeting is held concerning a program described in this plan: City of Bremerton Block Grant –The Kitsap Sun Notices may also be published on City website: City of Bremerton Block Grant Program: http://www.bremertonwa.gov/198/Federal- Grants---CDBG The notice will indicate when and where the public meeting will be held. Meetings are often held at the following location: st Norm Dicks Government Center, 1Floor Meeting Chambers th 345 6Street 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 BremertonCity Council for City CDBG/HOME funds. Forthe2023applicationprocesstheCityofBremertonwillusetheSurveyMonkeyApply system. This system will allow for a more streamlined application and review process. Applicants will no longer be required to provide paper copies of theapplication. 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 14, 2022. Applications must be submitted online and require access to the internet. 2023 Program Year Funding Specifics: The 2023 Program Year will have two competitive funding applications for: •City-Wide Economic Development which includes job trainingprograms; •Capital Projects in the City which can demonstrate low/mod clientele or area wide benefit. •Public Facility and InfrastructureProjects. 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 14, 2022. Appendix B Application Review & Project Review Committee Recommendation Process On June 14, 2022the 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 mustadhere 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 bedisqualified. a.Amount requested is notconsistent among narrative questions, Sources of Financing form, budget form, and/or applicantinformation; b.Missing or blank attachments or forms or using old versions offorms; c.Project or applicant organization is not eligible for any of the fundingsources; Appendix B 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 fundingpriority. e.Wrong application type is submitted forproject. 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 isprovided. 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 applicationtype. 2.Project Review Committee (PRC) members make funding recommendations using the followingprocess: a.Review, evaluate, and score each application using review and scoring guides specific to each applicationtype; b.Conduct interview with each applicant and score applicant interviews; interview length will depend on applicationtype. CDBG Economic Development will have interviews consisting of the following: o 20 minutes in length which includes 10 minute agency presentation and 10 minutequestion/answer. Capital applications will have interviews consisting of thefollowing: o 35 minutes in length which includes 15 minute agency presentation and 20 minutequestion/answer. c.Assign a priority ranking and recommend funding awards toapplications. 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 andcontingencies. Appendix B 2.City of Bremerton City Council-The City Council receives the recommendations from the Project Review Committee, holds a public comment period and a public hearing, and makes awards andcontingencies. 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 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 CityCouncil. Project Review Committee The Project Review Committee (PRC) will be formed consisting of three City of Bremerton staff members (Director-Department of Community Development, 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 Appendix B 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 Survey Monkey Apply system if an applicant has not utilized the system before. 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 anappointment. 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. 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 theCityBlockGrantoffice.SpecificregulationsthatgoverntheCDBGprogramareavailabletheBlock Grantoffice. What are the National Objectives? (Benefit Criteria) An eligible CDBG activity must either I.Principally benefit low and very lowincome 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 incomepersons/households. c.Applicants will be responsible for defining the service area and City staff will checkto ensure that it meets the Low Moderate Income (LMI)criteria. B.LimitedClientele 1.At least 51% of beneficiaries are low or very low incomepersons/households a.PresumedBenefit b.Agency Requires ClientInformation c.Income Eligibility Requirement (DirectBenefit) d.Nature/location 2.Removal of ArchitecturalBarriers 3.Assistance to Owners ofMicroenterprises 4.Employment SupportServices C.Housing Activities(Residential) a.51% of units must be occupied by low-and moderate-incomehouseholds. b.Affordable rents must be maintained for 5years D.Job Creation or Retention -EconomicDevelopment Appendix C a.MustbelocatedinapredominantlyLow/Moderate(L/M)incomeneighborhoodand serve the L/M income residents;or b.Involve facilities designed for use predominantly by L/M income persons;or c.Involvetheemploymentofpersons,themajorityofwhomareL/Mincomepersons. II.Reduce or Eliminate Blight III. Meet an UrgentNeed A.Urgent Need would be a natural disaster or federally declareddisaster. 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 lowincome Tomeetthisnationalobjective,anapplicantmustdocumentthattheproposedprojectwillbenefit predominantlylowandverylowincomepersonsorhouseholds.Alowincomeperson/household isonewhoseannualincomedoesnotexceed80%ofareamedianincome--averylowincome 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 incomepersons: A.A REA B ENEFIT This criteriaallows 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. PleasecontacttheCityBlockGrantofficeformapsandmoreinformationondocumenting your service area and determining eligibility under AreaBenefit. Applicants must: Attach a map with the boundaries of the project's service area delineated (the surroundinggeographicareainwhichallormostofthepeoplebenefitingfromthe projectreside). Explain why that particular geographic area is the service area for theproject; Appendix C 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 censusdataasprovidedbyHUD.PleasecontacttheCityorBlockGrantofficefor maps and more information on documenting your servicearea. B.L IMITED C LIENTELE An activity which benefits a limited clientele, at least 51% of whom are low or very low income persons/households. There are four types of activities in this category: 1.Presumed Benefit --An activity may benefit one of the following groups who are presumed by HUD to be principally low and very low income: abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, migrant farm workers and persons living withHIV/AIDS. Applicants must: Demonstratethatthefacilityorserviceisdesignedforandusedpredominantly by one of the groups identifiedabove. DemonstratethatyourclientelemeetsHUD’sdefinitionforthepresumedgroup you serve, for example, homeless individuals must meet HUD’s definition and documentation requirements at https://www.onecpd.info/resources/documents/HomelessDefinition_Re cordkeepingRequirementsandCriteria.pdf 2.Require documentation on family size and income in order to show that at least 51 percent of the clientele are low income –This means your program can serve low and moderate income clientele if at least 51% of your clientele are low income. Agencies must keep information on client income and family size which can document whether or not 51% or more of the clientele are persons whose family income does not exceed low and moderate income limits for Kitsap County. Note: Income qualification criteria from other programs (such as state poverty guidelines) may be substituted provided those criteria are at least as restrictive as the HUD incomelimits. Appendix C Applicants must: Provide documentation of the total number of clients/households served in 2022 (if this is an existingservice); State what percent of the clients/households served in 2022 were low or very low income (or met criteria that arestricter); Provide a copy of the income qualification criteria that were used to screen clients and to determine the percent that were low and very lowincome; Provide a copy of the client intake form highlighting the questions regarding family size and income levels;and Agreetomaintaindocumentationoftheclient'sincomesfortheCDBGcontract period. 3.IncomeEligibilityRequirements(DirectBenefit)--Thismeansthattheagency 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 counselingprogramwouldscreenpotentialclientsandusetheCDBGfundstopay for the counseling only of those who are incomeeligible. Applicants must: Screen clients by family size andincome; Provide a copy of the income qualification criteria that were used to screen clients to determine low and very low incomestatus; Provide a copy of the client intake form highlighting the questions regarding family size and income levels;and Describehowtheprogram/projectwouldlimitthebenefitsoftheCDBGfunded activity exclusively to low and very low incomepersons/households. 4.Nature/Location ofActivity Allows Conclusion of Primarily Low and Very LowIncomeBenefit--Thismeansthattheactivityisofsuchanatureandinsuch 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 housingproject. Appendix C Applicants must: Explainhowthenature,andifapplicable,thelocationoftheproposedproject, establishes that it is used primarily for low and very low incomepersons. In addition to the four activities described above, the following activities may qualify under the limited clientele national objective. •Removal of ArchitecturalBarriers 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 ofMicroenterprises Whenassistanceistobeprovidedtoamicroenterprise(acommercialenterprisethathas 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 owneremploys. •Employment SupportServices. 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),thepercentageoflowandmoderateincomepersonsassistedmaybeless 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: Maintaindatadocumentingthetotalcostoftheservice,Screenclientsbyfamilysize and income; and provide a copy of the client intake form highlighting the questions regarding family size and incomelevels; Appendix C C.HousingActivities 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: MaintainacopyofthewrittenagreementwitheachlandlordordeveloperreceivingCDBG 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 afterassistance. 51% of these units must be available to low/moderateincome. Maintain records on the total cost of the activity, including both CDBG and non-CDBG funds. Screen households for family size and incomeeligibility. For rental housing, maintain records on rent charged (or to be charged) after assistance for each dwelling unit in each structureassisted. Affordable rents must be maintained for a period of five years after CDBGassistance. D.Job Creation or RetentionActivities 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 CommunityDevelopmentstafftodiscussyourprojectpriortosubmittinganapplication. 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 willbe based on the dollars invested and follow the guidelines in thechart Appendix C below. This is to ensure compliance with HUD requirements and to ensure continued public benefit. Minimum Years Restricted ActivityDollar Threshold* Rehabilitation or Acquisition of existing facilities or housing Less than $15,0005 Years (including homeownership $15,000 -$40,00010 Years assistance) Greater than $40,00015 Years New Construction or Acquisition of land for new construction Any $ amount20 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 onAssessments 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 publicbenefit. 4.Supplanting (24 CFR570.207) 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 ofInterest: 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 RCW42.23.030) b.No member of the PRC shall engage in any activity, including participation inthe selection, award, or administration of a grant award or contract if a conflict of interest, real or apparent,exists. 2)RemoteInterest 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 RCW42.23.040). i.As used in this section “remote interest”means: 1.That of a non-salaried officer of a non-profitcorporation; 2.That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages orsalary; 3.That of a landlord or tenant of a contractingparty; 4.That of a holder of less than one percent of the shares of a corporation or cooperative which is a contractingparty. 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 thefollowing: 1.Scoring the grantapplication; 2.Discussing the grant application with other PRCmembers; 3.Joining the audience, acting on behalf of the applicant or interacting in any manner with members of thePRC. 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 PRCmembers. 3.Potential Bias by PriorAssociation 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 asa 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 priorassociation: 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.ConflictsDisclosed 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 relativesserving as staff to any applicants. It is recommended that the disclosures be done in writing. 5.Voting andRecommendations 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 solong Appendix D as their participation in the discussion does not influence or attempt to influence the outcome with respect to the applicant in which they have a remote interest in or with whom they have a potential bias by prior association. c.Occasionally members of the City Council will sit on the Board of Directors of organizations which are proposed to receive funding. In this instance, the Council member with the conflict of interest will state their conflict, leave the Dias, and return when voting has been completed. Because the votes are passed as one resolution, the Council member with the conflict will not be allowed to vote on the resolution as awhole. 6.AlternatePRC 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 CFRPart 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 applicationfor Appendix F CDBG/HOME funds. 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 partydeveloper 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 groupof 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 householdsize. •Low-Income: households with incomes between 31% and 50% of the area median income, adjusted for householdsize. Appendix F •Moderate-Income: households with incomes between 51% and 80% of the area median income, adjusted for householdsize. 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 householdsize. 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. The City currently does not have an approved NRSA at this time. 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. Appendix F 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. 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 isset. 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 foreach of the following areas: site, building exterior, building systems, dwelling units, and common areas. GOODNOW COUNCIL DISTRICT 5 MICHAEL