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PRHSPSC PKT 11-10-2003 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, November 10,2003 4:00 p.m. 1. 2. CALL TO ORDER PUBLIC FORUM Action Action Action Action Action Action Action Action Action Moe Sanders Sanders Kirkpatrick Kirkpatrick Richardson Richardson O'Donnell All en- Mpyisi 3. 4. COMMISSION COMMENTS APPROVAL OF OCTOBER 13, 2003 SUMMARY COMMITTEE BUSINESS 5. A. Youth Commission Work Plan B. State Grant Acceptance for West Hylebos Boardwalk Replacement C. State Grant Acceptance for Historical Cabins Project D. First Amendment to Interlocal Agreement with Benton County for] ail Services E. Second Amendment to the Contract with the Federal Way Schðol District for School. Resource Officers (SROs) During The 2003/2004 School Year. F. Second Addendum to Lease - Police Department Bldg C G. An Ordinance Amending Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles H. Interlocal Cooperation Agreement for the Regional Affordable Housing Program (RAHP) 1. Mid-Biennium Review of2003-04 Human Services Contract 6. PENDING ITEMS . Community Center . Hylebos State Park Transfer 7. 8. NEXT MEETING -DECEMBER 8, 2003 AD] OURNMENT Committee Members: Linda Kochmar, Chair Mary Gates Jack Dovey Staff: Jennifer Schroder, Director Mary Jaenicke, Administrative Assistant 661-4041 Parks, Recreation, Human Services &, Public S~1fety Committee Monday, October 14, 2003 4:00 p.m. City Iiall M.t. Haker Conference Uoom MINUTES Committee Members in Attendance: Chair Linda Kochmar, Member Mary Gates, and Member Jack Dovey. City Council Members in Attendance: Mayor Jeanne Burbidge Staff Members in Attendance: Jennifer Schroder, PRCS Director; David Moseley, City Manager; Derek Matheson, Assistant City Manager; Karen Jorgensen, Assistant City Attorney; Mary Faber, PRCS Superintendent; Kelli O'Donnell, CDBG Coordinator; B. Sanders, Park Planning and Development Coordinator; Brian Wilson, Deputy Director of Public Safety; John Gamache, Recreation Coordinator - Theatre; Craig Feldman, Recreation Coordinator - Aquatics; John Hutton, Recreation Supervisor - Athletics; Steve Ikerd, Property Services Manager; Bryce Jensen, Aquatics Assistant Coordinator; Jason Suzaka, Management Analyst. Others in Attendance: Jean Hair and Sandy Bjork, Federal Way Soccer Association; Bonnie Graves, Donna Welch and Allan Smith, Federal Way Arts Commission; CT. Purdom, Parks and Recreation Commission Chair; Perry Woodford, Federal Way United Soccer; Carolina Lucero, Federal Way Diversity Commission. 1. CALL TO ORDER Chair Linda Kochmar called the meeting to order at 4:00 p.m. 2. PUBLIC COMMENT None. 3. COMMISSION COMMENTS None. 4. APPROY AL OF September 8, 2003 SUMMARY Motion to approve the September 8, 2003 Summary. Motion seconded and carried. 5. COMMITTEE BUSINESS a) Diversity Commission Business Plan 2003-2004 Presented by Derek Matheson Mr. Matheson introduced Carolina Lucero from the Diversity Commission, who made the presentation. Ms. Lucero reviewed with the plan \vith the committee. The committee made a few suggestions: 1) Coordinate the international festival with Parks and Recreation committee and update the Council on a quarterly basis; 2) Determine what schools the culturally diverse books will be provided to; 3) Under the subtitle "Training," change to "Offer recommendations to the City Council as appropriate"; 4) Have the Diversity Commission make a special presentation to the Council (under consent agenda) at the October 21 meeting. A-I Ms. Lucero also announced that this past year the commission was presented with awards from the National League of Cities and the Association of Washington Cities for their work. Motion to adopt the Diversüy Commission Business Plan 2003-2004 as amended and forward to full Council wüh a do-pass recommendation. Motion seconded and carried. b) Authorizing Resolution - lAC Youth Athletic Facilities Grant - Sacajawea Park Track Improvements Presented by B. Sanders Ms. Sanders reviewed the grant with the committee. The $78,000 remaining would come out of the CIP fund balance (already in the budget), so no additional money is needed. Councilmember Dovey inquired about the drainage problems around the field. Ms. Sander replied that she will be going with a representative to look at the drainage problems. Motion to forward the resolution to full Council with a do-pass recommendation. Motion seconded and carried. c) Grosch Field Presented by Jennifer Schroder Ms. Schroder announced that the Fieldturfhas arrived; there will be a dedication on November 8th. d) Agreement/Steel Lake Soccer Field Improvement Project Presented by Jennifer Schroder Ms. Schroder reviewed the agreement with the committee. Staff added that the agreement is based on the template used for the project at Sacajawea. Perry Woodford from the Federal Way Soccer Association state that his organization is quite pleased with the agreement. Their end of the funding comes from field use fees and other fundraising efforts. Since enough funding is already in place, no other grants are being pursued at this time. Council member Dovey suggested exploring the option of installing synthetic turf around the goal boxes at the Celebration Park fields. These areas are used quite heavily and they are where the fields get torn up the most from normal usage. The FWSA stated that they are looking at alternatives to solving this problem. Councilmember Mary Gates arrived at this time. Motion to approve the Steel Lake Soccer Field Improvement project and forward to full Council for approvaL Motion seconded and carried. Member Gates abstained from voting on this item. e) Electric Winches RFP Presented by Mary Faber Mary Faber and John Gamache made their presentation to the committee. While half of the costs will come from a grant from the County, the other half is already contained in the budget. So no additional money is being requested. Motion to recommend to a Council a do-pass and authorize staff to accept the bid of $25,756 from Stagecraft Industries to replace the manual winches with an electrical winch system, and place the item before full Council for approvaL Motion seconded and carried. J:\SUEFlParksConmiUee\2003\PRHSPC Minutes 1O1303.doc A-2 f) Kenneth Jones Pool Presented by Mary Faber Ms. Faber, along with recreation coordinators Craig Feldman, Bryce Jensen, and John Hutton made the presentation. They reviewed the charts noted on pages F2-5. Staff has made á number of improvements and changes to the pool. One is advertising the pool as a city facility, most notably through a future article' in the newsletter and features in the recreation program pamphlet. The facility has also been cleaned up inside and out, allowing the facility to function much better than in the past. Staff has been examining the amenities of the facility versus the fees being charged; one option being considered is bringing the fees more "in-line" with the average of the comparable pools shown in the charts. Based on the direction given by the committee, staff will then come back with some recommendations. While it appears on Chart F-5 that 3-month pass sales have more than doubled, it is worth noting that King County stopped selling annual pass in November 2002 and sold only the 3-month passes. When the City became owners of the pool, the City began adding passes for senior citizens as well. The committee began thinking of ways to get more people to use the pool. One suggestion was a family swim night similar to the City of Fife (our pool has a bargain night on Fridays from 8-9pm; $1 admission). Another suggestion was the use of a survey to gauge the types of amenities users would like to see at the pool. . g) City Hall 2% for Arts Presented by Mary Faber Renee Tanner fTom the Cultural Development Authority of King County, along with Allan Smith of the Arts Commission, made a slideshow presentation to the committee. As a whole the committee was against the idea of additional construction dollars needed for placing art in the terraced plaza area. However, they were supportive of the project budget as a whole since it is required by city ordinance. Councilmember Gates expressed her interest in placing art around the court entrance on the north side of the new city hall as well as the security fence. This would also help visitors find their way around city hall. Councilmember Dovey suggested consulting with the police department if any art is to be located on the security fence. The next steps would be to bring in an artist, see that person's past work. Then when the actual artist is hired, he/she would come up with conceptual idea to go back to Council for approval before actually constructing the art. The committee re-prioritized the order of the art projects: 1. Exterior EntrancelInterior Lobby 2. Security Fence (since it will already include construction dol/ars) 3. Court Entrance North Side of Building 4. SE Plaza The committee also stated that no additional construction dollars are to be added to the budget for the above projects other than already allocated. Motion to recommend to Council a do-pass to accept the estimated project budget and authorize staff to develop an art prospectus for the amended projects stated above and forward to full Council for approvaL Motion seconded and carried. h) HomeSight Master Loan Agreement Presented by Kelli O'Donnell 1:\SUEf\ParksCommillte\2003\PRHSPC Minutes IOI303.00c A-3 Ms. O'Donnell presented the agreement to the committee. The allocated money will be stay in Federal Way, however it is averaged over 30-year period; in other words, although there will be some years where Federal Way won't use as much of the money beèause of less demand, it will be evened out during the years where Federal Way has more of a demand for the funds over the next 30 years. There was a question as to how much advertising has been done for these sorts of programs. Ms. O'Donnell replied that there has been advertising over the radio and on busses. As oflate however, there has not been a lot of advertising due to the current low levels of funds (they are repaid as homebuyers pay off the loans). Ms. O'Donnell gave her compliments to the law department for their hard work in helping forge the master loan agreement. Correction: The agreement is to beforwarded to the Council at the October 2 J, 2003 meeting, not October 20 as stated in the committee recommendation. Motion to approve the proposed changes to the agreement. Motion seconded and carried. i) 2003 CDBG Amendment to Federal Way Domestic Yiolence Yictims Advocate Presented by Kelli O'Donnell Ms. O'Donnell presented the amendment to the committee. Correction: The agreement is to be forwarded to the Council at the October 2J, 2003 meeting, not October 20 as stated in the committee recommendation. Motion to approve the amendment to the 2003 CDBG Federal Way Domestic Violence Program, authorize the City Manager to enter into the necessary amendment to revise the scope of service, and forward to full Council for approvaL Motion seconded and carried. 6. PENDING ITEMS Use of Fields Ms. Schroder gave some background information on Mark Freitas's position on use of the soccer fields, and then discussed with the committee the response sent to Mr. Freitas. It appears that there is some blocks of time left on the Lakota Park Fields. The FWYSA is charged for usage of the field lights, regardless of whether or not they actually use the field. If the FWYSA returns their unused blocks of time (which financially would be in their best interest), other teams could use them as well. Hy1ebos State Park Ms. Schroder stated that the State had no questions for her. The transfer of the park to the City could occur very soon; possibly by the end of the year. 7. NEXT SCHEDULED MEETING: November II, 2003 8. ADJOURN Chair Linda Kochmar adjourned the meeting at 5:44p.m. Recorded by Jason Suzaka 1:\SUEFlParksConmillee\2003\PRIISPC Minutes IO1303.doc A-4 S.A CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: To: From: Via: Subject: CC: . October 30, 2003 PRHSPS Council Committee d ~/. AaronMo~,e r tion Coordinator7v' if David Mo e e t Manager . 2003-2004 Yo th Commission Work Plan Jennifer Schroder, Parks, Recreation and Cultural Services Director Mary Faber, Recreation and Cultural Services Superintendent Backl!round: On October 3, 2003, the Youth Commission held a special meeting to develop a work plan for the 2003-2004 school year. The list of activities and events and when they are scheduled is listed as follows: I. Youth At Klahanee (YAK) - (November 21, February 27, May 21) 2. Adopt-A-Family - (mid-December) 3. Talent Show-Musical (March 31) 4. Teen Art Expo (January 12 - April 5) 5. Youth Recognition Night - (April 21) 6. Battle of the Bands - (August 14) 7. NPO (Non-Profit Organization) Committee (Ongoing) 8. Special Events Coordination - includes: MLK Day, Fa]] Carnival, Movie Night at Knutzen, Flashlight Egg Hunt, Adopt-a-Beach, Intergenerational Program, Red White & Blues Festival, and Frost Fest. (throughout year) Committee Recommendation: Motion to recommend to Council a "do pass" to accept the 2003-2004 Youth Commission Work Plan and place before Council on November 18,2003. APPROV AL OF COMMITTEE REPORT: Committee Member Committee Chair t\-J- S.B PARKS, RECREATION AND CULTUAL SURVICES MEMORANDUM Date: To: Via: From: RE: November 10, 2003 PRHSPS Council Committee David Mo~ Manag Jennifer Schrol(e'r, Director State Grant Acceptance fo est Hylebos Boardwalk Replacement Background: The City wiJ) receive a $250,000 grant from the State of Washington Department of Community, Trade and Economic Development for the repair/replacement of the boardwalk in the West Hylebos State Park. The boardwalk was first constructed in 1991, is a wood piling/deck system. The majority of the trail is placed on top ofa natural peat bog. The boardwalk shows signs of significant structural deterioration from the wet and shaded conditions of a forested peat bog. The project wi]] include removing the existing wood boardwalk and replacing it with a concrete pier and galvanized pin system attached to either a wood or composite deck. Staff Recommendation: The Grant provides fu]] funding for the project, no additional funds are required. The agreement is for $250,000 which $4,375.00 wiJI be retained for costs directly associated with the States managing the completion of this contract. Staff recommends authorizing the City Manager to execute the agreement to accept the grant. The agreement is approved as to form by the Assistant Attorney General, Alice Blado, and reviewed by the City Attorneys office. Committee Recommendation: Recommend a "do pass" to place this item on the November 18th council agenda, authorizing the City Manager to execute the State of Washington Department of Community, Trade and Economic Development Grant in the amount of $250,000 for the repair/replacement of the boardwalk in the West Hylebos State Park APPROV AL OF COM TEE REPORT: Committee Member \:>- \ l STATE OF WASmNGTON . DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT NUMBER 04-99500-044 THIS CONTRACT, entered into by and between City of Federal Way (a unit oflocal government hereinafter referred to as the CONTRACTOR), and the Washington State Department of Community, Trade, and Economic Development (hereinafter referred to as the DEPARTMENT), WI1NESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, the DEPARTMENT is also given the responsibility to administer state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of2003, First Special Session, Chapter 26, (Section 151), made an appropriation to support the Local and Community Projects Program, and directed the DEPARTMENT to administer those funds; and WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to receive funding for $250,000 for improvements to the boardwalk through Hylebos State Park. (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed $245,625.00. The DEPARTMENT has retained the amount of$4,375.00 for costs directly associated with managing the completion of this contract. 1 ~-2- 2. SERVICE PROVISIONS a) Funds awarded under this contract shall be used solely and specifically for capital construction costs associated with the West Hylebos State Park, as contemplated in Laws of 2003, First Special Session, Chapter 26, (Section 151). b) The CONTRACTOR shall perform in accordance with the terms and conditions of this contract and the following attachments which, by this reference, are made a part of this contract: A IT ACHMENT A (project Budget) A IT ACHMENT B (Certification of the A vai}ability of Funds to Complete the Project) . AITACHMENT C (project Scope of Work) 3. SPECIAL CONDITION(S) None. 4. CONTRACT PERIOD a) The effective date of this contract shall be the date of the last signature of the . contracting parties. b) Unless terminated earlier pursuant to Section 9, 12, or 27, hereof, the termination. d~te shall be June 30, 2007. 5. CERTIFICATION OF FUNDS a) The r~lease of state funds under this contract is contingent upon the . CONTRACTOR certifying that it has expended or has access to funds from non- state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE A V AILABILITY OF FUNDS TO COMPLETE THE PROJEC1), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this. contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding Joan commitment(s ). iv) Pledges ftom foundations or corporations. v) Pledges ftom individual donors. 2 \3-3 b) 6. . d) 7. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In-kind contributions, subject to the DEPARTMENT'S approval. The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds fÌ'om such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The CONTRACTOR shall be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: a) b) Real property, when purchased or acquired solely for the purposes of the Project; Design, engineering, architectm:al, and. planning costs; c) Project managemeIitcosts (from external sources only); Construction costs incJuding, but not limited to, the following: Site preparation and improvements; . Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; and Landscaping. REIMBURSEMENT PRO VISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract, reimbursement sballbe construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days. 3 ß_L\ b) 8. The DEPARTMENT shall reimburse the CONTRACTOR for one-hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for costs incurred or expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher (Fonn A-19), referencing the Project activity performed, and any appropriate documentation. The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT within fifteen (15) days following the completion of work or other termination of this contract. c) Each request for payment must be accompaiùed by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. The DEPARTMENT will not release payment for any reimbursement request received unless and until the Project Status Report is received. d) After approving the Invoice Voucher and Project Status Report, the DEPARTMENT shall promptly remit a warrant to the CONTRACTOR. EVALUATION AND MONITORING a) . The CONTRACTOR shall cooperate with and fÌ'eely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The CONTRACTOR shan provide the DEPARTMENT with photographs, either hard copy or electronically, which depict visually the progress made on the Project. Such photographs shall be submitted to the DEPARTMENT at the inception of the Project, upon 50 percent of completion, arid upon completion, as applicable. c) The DEPARTMENT or theState Auditor and any of their representatives shall have full access to and the right to examine during nonna! business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be pennitted to audit, examine, and make excerpts or transcripts fÌ'om such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years fÌ'om the date final payment is made hereunder. 4 ß-5 9. NONDISCRlMINA TION PROVISION a) During the performance ofthis contract, the CONTRACTOR shall abide by all applicable federal and state nondiscrimination laws and regulations, including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]). b) 10. 11. In the event of the CONTRACTOR'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. The . CONTRACTOR shall, however, be given a reasonable time in which to remedy any such noncompliance. Any dispute may be resolved in.accord~ce with the "Disputes" procedure set forth in Section 24 of this contract. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 11 of this contract, no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes, and that any oral understanding or agreements not incorporated herein shall not be binding. MODIFICATIONS TO THE PROJECT BUDGET a)' Notwithstanding any other provision of this contract, the CONTRACTOR may, at its discretion, make modifications not to exceed ten percent (10%) of each line item in the Project Budget (Attachment A), hereof. b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making any budget modification or modifications that would exceed ten percent (10%) of any budget line item. Any such request shall require the written approval of the DEPARTMENT, and any such modifications shall be made in writing and signed by both parties, and attached to the Project Budget (Attachment A), hereof. c) Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 1 of this contract. 5 .\3--~ 12. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after the DEPARTMENT'S submitting written notice to the CONTRACTOR describing such default or violation; Provided, that if more than twenty (20) days are required to correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT, the DEPARTMENT will not tenninate this CONTRACT for such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such tennination, specifying the effective date thereof, at least thirty (30) days prior to such date. c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably determines. d) In the event funds are not reappropriated for this Project in the 2005 - 2007 biennial budget, this contract shall terminate on June 30, 2005. 13. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to eXercise any right based upon a breach tlÌereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. 14. . HOLD HARMLESS a) It is understood and agreed that this contract is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this contract., Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless ftom any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 6 ß-l 15. 16. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend state funds in accordance with state law and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the contract. Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEP AR TMENT is required to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. OWNERSIDr OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract an<J does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. 17. RELATIONSHIP BETWEEN THE PARTIES The CONTRACTOR and its employees or agents performing under this contract are not deemed to be employees of the DEPAR1MENT noragents of the DEPARTMENT in any manner whatsoever, nor will they hold themselves òut as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEP ARlMENT or of the state of Washington. 18. GOVERNING LA W AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws otthe state of Washington. Venue of any action at law between the parties arising out of this contract shall be the superior court of Thurston County, Washington. 7 13-ß 19. 20. 21. 22. 23. SEVERABILITY In the event any tenD or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. REDUCTION "IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature duriñg the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. ENTIRE AGREEMENT This contract and all attachments hereto contain. all the terms. and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties hereto. SIGNAGE AND MARKERS If, during the period covered by this contract, the CONTRACTOR displays signs or markers or circulates any communication identifYing the financial participants in the Project, any. such sign, marker, or communication must identify the State of Washington as a participant. The provIsions of this section sballalso apply to any permanent signs or markers displayed at the Project site. DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party mutually agreed upon by both parties. The dispute resolution team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. 24. PREY AILING WAGE LAW The Project funded under this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages must be paid. The DEPARTMENT is not responsible for determining 8 'B-4 25. 26. 27. whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. CHANGE OF OWNERSHIP OR USE a) The CONTRACTOR understands and agrees that any and all real property or facilities acquired, constructed, or rehabilitated using state funds under this contract shall be held and used by the CONTRACTOR for the express purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years nom the date the subject facility is occupied. b) In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay to the state general fund the principal amount of the grant as stated in Section i, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. HISTORICAL AND CUL ruRAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during' construction, the CONTRACTOR shall immediately stop construction and notifY the local historical preservation officer and the state historical preservation officer at the Office of Archaeology and Historic Preservation. REAPPROPRIATION a) The parties hereto understand and agree that any state funds not expended by June 30, 2005, will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. b) . In the event any funds awarded under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the right to assign a reasonable share of any such reappropriation for administrative costs. {Rest of page left blank intentionally} 9 1)-\{) 28. ADMINISTRA nON a) The CONTRACTOR'S representative shall be Jennifer Schroder. b) The DEPARTMENT'S. representative shall be Daniel Aarthun. IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this contract as of the date and year written below. Nancy K. Ousley, Assistant Director Local Governrilent Division Department of Community, Trade, and Economic Development Federal Tax ill #: Date: Date: APPROVED AS TO FORM: ~ .{d/ aoú; Assistant Attorney General Date: /O//d/CJ3 . , 10 'ß-, } A IT A CHMENT A PROJECT BUDGET Line Item Amount Architecture & en~ineering $20,000 Construction $201,125 Site furnishin~ $2,500 Contingency $22,000 Total $245,625 The èONTRACTOR, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR TITLE DATE 11 13-\2- ATfACHMENTB CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Non-State Funds Amount Total None $0 $0 State Funds 2003 State Capital Bu~et $245,625 $245,625 Total Project Funds $245.625 CERTIFICATION The CONTRACTOR, by its signature, certifies that Project funding from sources other than those provided by this contract and identified above has either been expended for eligible Project expenses, or is committed in writmg and available and will remain committed and available. solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for the DEP ARlMENT'S review upon reasonable request. . . CONTRACTOR TITLE DATE 12 ß-)3 ATTACHMENT C PROJECT SCOPE OF WORK Project Summary This contract is for capital expenditures related to replacement of the West Hylebos State Park boardwalk/trail. The boardwalk was first constructed in 1991. Is approximately 3,525 feet in length. The trail is made up of 2 x 6 pressure treated lumber on a wood piling/deck system. The majority of the trail is placed on top of a natural'peat bog. The boardwalk shows signs of significant structural deterioration from the wet and shaded conditions of a forested peat bog. The project will include removing the existing wood boardwalk and replacing it with a concrete pier and galvanized pin system attached to either a wood or composite deck. Construction will begin in July 2004, and is expected to be completed by September 2004. 13' ß-IY 5.C PARKS, RECREATION AND CULTUAL SURVICES MEMORANDUM Date: To: Via: From: RE: November 10, 2003 PRHSPS~OU])Cjl Co mÜtee David Met nager Jennifer Schro r, Director State Grant Acceptance for ~. Background: The City will receive a $106,000 grant from the State of Washington Department of Community, Trade and Economic Development for the Historical Cabins Project. The grant is matching funds already budgeted and authorized by the City Council. This agreement is for capital expenditures related to development of a parking lot and restroom facility to serve the Historical Cabins Park, to be located at 4th Avenue S. and S. 348lh Street. The City of Federal Way acquired the site in 1992 as part of the 1989 King County Open Space Bond program. The site is contiguous to the West Hylebos State Park. The parking lot will serv,e as a trailhead for the West Hylebos State Park as well as serve the Historical Cabins Park. The Historical Cabins Park is a partnership between the Federal Way Historical Society and the City of Federal Way. The parking lot win complete a two-phase project. The first phase, completed in 2002, was the installation of a trail that begins at the edge of the proposed parking lot to the trail head of the West Hylebos State Park boardwalk. Staff Recommendation: The agreement is for $106,000 which $ I ,855.00 win be retained by the state for costs directly associated with the managing the completion of this contract. Staffrecommends authorizing the City Manager to execute the agreement to accept the grant. The agreement is approved as to form by the Assistant Attorney General, Alice Blado, and reviewed by the City Attorneys office. Committee Recommendation: Recommend a "do pass" to place this item on the November 18th council agenda, authorizing the City Manager to execute the State of Washington Department of Community, Trade and Economic Development Grant in the amount of $ I 06,000 for the Historical Cabins Project. APPROV AL OF COMMITTEE REPORT: Committee Chair . Committee Member Committee Member c-\ STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT LOCAL AND COMMUNITY PROJECTS PROGRAM CAPITAL CONTRACT NUMBER 04-99500-025 THIS CONTRACT, entered into by and between City of Federal Way (a local jurisdiction hereinafter referred to as the CONTRACTOR), ahd the Washington State Department of Community, Trade, and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5)_to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, the DEPARTMENT is also given the responsibility to administer state funds and programs which are assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of2003, First Special Session, Chàpter 26, (Section 151), made an appropriation to support the Local and Community Projects Program, and directed the DEPARTMENT to administer those funds; and WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible to receive funding for $106,000 as matching funds for parking, interpretive signage, and trails that link to Hylebos State Park. (a venture hereinafter referred to as the "Project"). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. FUNDING The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to exceed $104,145.00. The DEPARTMENT has retained the amount of $1,855.00 for costs directly associated with managing the completion of this contract. [-2- 1 2. SERVICE PROVISIONS a) Funds awarded under this contract shall be used solely and specifically for capital construction costs associated with the Historical Cabins Project, as contemplated in Laws of2003, First Special Session, Chapter 26, (Section 151). b) The CONTRACTOR shall perform in accordance with the terms and conditions of this contract and the following attachments which, by this reference, are made a part of this contract: . A IT ACHMENT A (project Budget) ATTACHMENT B (Certification of the Availability of Funds to Complete the Project) ATTACHMENT C (Project Scope of Work) 3. SPECIAL CONDITION(S) None. 4. CONTRACT PERlOD a) The effective date of this contract shall be the date of the last signature of the contracting parties. b) Unless terminated earlier pursuant to Section 9, 12, or 27, hereof, the termination date shall be June 30, 2007. 5. CERTIFICATION OF FUNDS a) The release of state funds under this contract is contingent upon the CONTRACTOR certifying that it has expended or has access to funds. from non-state sources as set forth in A IT ACHMENT B (CERTIFICATION OF- THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJEC1), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment( s ). iv) Pledges from foundations or corporations. v) Pledges from individual donors. c-s 2 6. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. The DEPARTMENT will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non- state matching fund credit. . vii) In-kind contributions, subject to the DEPAR1MENT'S approval. b) The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for the DEPARTMENT'S review upon reasonable request. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The CONTRACTOR shall be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: a) Real property, when purchased or acquired solely for the purposes of the Project; b) Design, engineering, architectural, and planning costs; c) Project management costs (from external sources only); d) Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; and Landscaping. 7. REIMBURSEMENT PROVISIONS a) Payments to the CONTRACTOR shall be made on a reimbursement basis only. For the purposes of this contract, reimbursement shall be construed to mean costs incwred and paid, or costs incurred and payable within thirty (30) days. [-L 3 b) c) d) 8. The DEPARTMENT shall reimburse the CONTRACTOR for one- hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for costs incurred or expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a signed and completed Invoice Voucher (Form A- 19), referencing the Project activity performed, and any appropriate documentation. The voucher must be certified by an official of the CONTRACTOR with authority to bind the CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT within fifteen (15) days following the completion of work or other termination of this. contract. Each request for payment must be åccompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. The DEPARTMENT will not release payment for any reimbursement request received unless and until the ProjeCt Status Report is received. After approving the Invoice Voucher and Project Status Report, the DEPARTMENT shall promptly remit a warrant to the CONTRACTOR. EV ALUA TION AND MONITORING a) The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this contract, including periodic site inspections. b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either hard copy or electronically, which depict visually the progress made on the Project. Such photographs shall be submitted to the DEPARTMENT at the inception of the Project, upon 50 percent of completion, and upon completion, as applicable. . c) The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CONTRACTOR'S records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make exçerpts or transcripts fÌ'om such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years fÌ'om the date final payment is made hereunder. (,-5 4 9. NONDISCRIMINATION PROVISION a) During the performance ofthis contract, the CONTRACTOR shall abide' by all applicable federal and state nondiscrimination laws and regulations, including, but not limited to Chapter 49.60 RCW (Washington's Law Against Discrimination) and 42 V.S.C. 12101 et. seq. (the Americans With Disabilities Act [ADA]). b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or tenninated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the DEPARTMENT. The CONTRACTOR shall, however, be given a reasonable time in which to remedy any such noncompliance. Any dispute . may be resolved in accordance with the "Disputes" procedure set forth in Section 24 of this contract. , ' 10. CONTRACT MODIFICATIONS The DEP ARlMENT and the CONTRACTOR may, from time to time, desire to make changes to this contract. Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment. It is mutually agreed and understood that, except for the budget modifications described in Section 11 of this contract, no alteration or variation of the tenus of this contract shall be valid unless made in writing and signed by the parties hereto prior to implementation of the changes, and that any oral understanding or agreements not incorporated herein shall not be binding. 11. MODIFICATIONS TO THE PROJECT BUDGET a) Notwithstanding any other provision of this contract, the CON1RACTOR may, at its discretion, make modifications not to exceed ten percent (10%) of each line item in the Project Budget (Attachment A), hereof. b) The CONTRACTOR shall notify the DEPARTMENT in writing prior to making any budget modification or modifications that would exceed ten percent (10%) of any budget line item. Any such request shall require the written approval of the DEPARTMENT, and any such modifications shall be made in writing and signed by both parties, and attached to the Project Budget (Attachment A), hereof. c) Nothing in this section' shall be construed to pennit an increase in the amount of funds available for the Project, as set forth in Section 1 of this contract. c-~ 5 12. 13. TERMINATION OF CONTRACT a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and prpper manner its obligations under this contract or if the CONTRACTOR shall violate any of its covenants, agreements or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withho"td the remaining allocation if such default or violation is not corrected within twenty (20) days after the DEPARTMENT'S submitting. written notice to the CONTRACTOR describing such default or violation; Provided, that if more than twenty (20) days are required to correct any such default or violation and the CONTRACTOR has initiated appropriate corrective measures as reasonably determined by the DEPARTMENT, the DEPARTMENT will not terminate this CONTRACT for such default or violation. b) Notwithstanding any provisions of this contract, either party may terminate this contract by providing the other party with written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c} In the event this contract is terminated, the CONTRACTOR shall be reimbursed for eligible expenses incurred prior to the effective date of such termination and not otherwise paid for by the DEPARTMENT, as the D EP AR TMENT reasonably determines. d) In the event funds are not reappropriated for this Project in the 2005 - 2007 biennial budget, this contract shall terminate on JUne 30, 2005. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right Under this contract. 14. HOLD HARMLESS a) It is understood and agreed that this contract is solely for the benefit of the . parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this contract. Each party hereto agrees to be responsible and assume liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case ofnegHgence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall C~l 6 15. have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. b) This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this contract. Each contract for services or activities utilizing funds provided in whole or in part by this contract shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performançe or activities under the terms of the contracts. RECAPTURE PROVISION In the event that the CONTRACTOR fails to expend state funds in accordance with state law and/or the provisions of this contract, the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of the contract. Repayment by the CONTRACTOR of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute proceedings to enforce this recapture provision, the DEP ARIMENT shall be entitled to its cost thereof, including reasonable attorney's fees. 16. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this.contract. This provision does not extend to claims that the DEPARTMENT may bring against the CONTRACTOR in recapturing funds expended in violation of this contract. 17. RELATIONSHIP BETWEEN THE PARTIES . The CONTRACTOR and its employees or agents performing under this contract are not deemed to be employees. of the DEPARTMENT nor agents of the DEPARTMENT in any manner whatsoever, nor will they hold themselves out as nor claim to be officers or employees of the DEPARTMENT or of the state of Washington hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the state of Washington. 18. GOVERNING LAW AND VENUE . This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any action at law between the parties arising out of this contract shall be the superior court of Thurston County, Washington. C-ß 7 19. 20. 21. 22. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this contract are declared severable. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the DEPARTMENT, and shall meet and renegotiate the contract accordingly. ENTIRE AGREEMENT . This contract and all attachments hereto contain all the terms and conditions agreed upon by the parties. No other understandings, oral. or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties hereto. SIGNAGE AND MARKERS If, during the period covered by this contract, the CONTRACTOR displays signs or markers or circulates any communication identifying the financial participants in the Project, any such sign, marker, or communication must identify the State of Washington as a participant. The provisions of this section shall also apply to any permanent signs or markers displayed at the Project site. 23. DISPUTES . Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative appointed by the DEPARlMENT, a representative appointed by the CONTRACTOR, and a third party mutually agreed upon by both parties. The dispute resolution team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial setting. 24. PREY AILING WAGE LAW The Project funded und,er this contract may be subject to state prevailing wage law (Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Washington Department of Labor and Industries and/or private counsel to determine whether prevailing wages mUst be paid. The DEPARTMENT is not &C) 8 25. 26. 27. responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. CHANGE OF OWNERSHIP OR USE a) The CONTRACTOR understands and agrees that any and all real property or facilities acquired, constructed, or rehabilitated using state funds under this contract shall be held and used by the CONTRACTOR for the express purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years fÌom the date the subject facility is occupied. b) In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during construction, the CONTRACTOR shan immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Office of Archaeology and Historic Preservation. REAPPROPRIATION a) The parties hereto understand and agree that any state funds not expended ~ . June 30, 2005, win lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. b) In the event any funds awarded under this contract are reappropriated for use in a future biennium, the DEPARTMENT reserves the right to assign a reasonable share of any such reappropriation for administrative costs. {Rest of page left blank intentionally} (-\0 9 28. ADMINISTRATION a). The CONTRACTOR'S representative shall be Jennifer Schroder. b) The DEPARTMENT'S representative shall be Daniel Aarthun. IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this contract as of the date and year written below. Nancy K. Ousley, Assistant Director Local Government Division Department of Community, Trade, and Economic Development Federal Tax ID #: Date: Date: APPROVED AS TO FORM: ~~ Assistant Attorney General Date: /O//¡;J/¿:J :3 L--11 10 ATTACHMENT A PROJECT BUDGET Line Item Amount Architecture & Engineering $10,000 Construction $224,514 Project Contingency $22,520 2% for the Arts $4,500 Total $261,534 The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the CONTRACTOR'S governing body or board of directors, as applicable, as of the date and year written below. CONTRACTOR TITLE DATE (,- "?- 11 A TT A CHMENT B CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Amount $157;389 Total $157,389 $104,145 $104,145 $261 34 CERTIFICATION The CONTRACTOR, by its signature, certifies that Project funding from sources other than those provided by this contract and identified above has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying outthe purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for the DEPARTMENT'S review upon reasonable request.. CONTRACTOR TITLE DATE &J3 12 A IT A CHMENT C PROJECT SCOPE OF WORK Proiect Summary This contract is for capital expenditures related to development of a parking lot and restroom facility to serve the Historical Cabins Park, to be located at 4th Avenue S. and S. 348th Street. The City of Federal Way acquired the site in 1992 as part of the 1989 King County Open Space Bond program. The site is contiguous to the West Hylebos State Park. The parking lot will serve as a trailhead for the West Hylebos State Park as well as serve the Historical Cabins Park. The Historical Cabins Park is a partnership between the Federal Way Historical Society and the City of Federal Way. The parking lot will complete a two-phase project. The first phase, completed in 2002, was the installation of a trail that begins at the edge of the proposed parking lot to the trail head of the West Hylebos State Park boardwalk. The parking lot will provide for approximately 16 cars. The scope of work will include grading, storm water drainage facilities, landscaping, a restroOm building and signage. The parking lot surface wîIl be grass filled infiltration blocks to decrease the amount of surface water nmoff. The parking for the West Hylebos State Park is currently a grass field that is within the wetland buffer. The use of this informal parking area will terminate with the completion of this project. Construction will begin in June 2004, and is expected to be completed by September 2004. L~ 1 f.,\ 13 SoD CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE November 10, 2003 Meeting From: November 03, 2003 (1 , < C \L..- f1tÀÝ ~~' ~\ Anne Kirkpatrick, Chief of Police AY1"'~ David H. Moseley, City Manager Date: Via: Subject: Services First Amendment to Interlocal Agreement with Benton County for Jail Backf,!round: Effective July 7, 2003, the City entered into an Interlocal Agreement with Benton County for a cooperative effort to provide the Federal Way Department of Public Safety another venue to house inmates, which may become more important as other municipalities in the Puget Sound area are starting to utilize Okanogan, Chelan and Yakima counties to house inmates. This First amendment wiJ) extend the interlocal agreement until December 31, 2006. Committee Recommendation: Approve the First Amendment to the Benton County Jail Services Interlocal Agreement and forward to full Council for consideration at the November 18, 2002, Council meeting. K:\AGNDITEM\PRHSPSCOMMITTEE\IO303 benton cty jail amend 1 b-\ FIRST AMENDMENT TO AGREEMENT BETWEEN BENTON COUNTY AND THE CITY OF FEDERAL WAY, FOR USE OF JAIL SERVICES This First Amendment ("Amendment") is dated effective this 1 st day of January 2004, and is entered into by and between the Benton County, a political subdivision ofthe State of Washington hereinafter ("County"), and the City of Federal Way, a Washington municipal corporation hereinafter ("Contract Agency"). A. The County and the Contracting Agency entered into an Agreement dated effective July 7, 2003, whereby the County agreed to accept and keep in custody Contracting Agencies prisoners in the County's jail facilities located at the Benton County Justice Center, 7320 W. Quinault Avenue, Kennéwick, Washington 99336 ("Agreement"). B. The County and Contracting Agency desire to amend the Agreement to extend the term ofthe agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Duration. Section 23 of the Agreement shall be amended as follows: This Agreement shall enter into full force and effect fÌom January 1, 2004, and end December 31,2006, subject to earlier termination as provided by Section 21 herein. 2. Full Force and Effect. All other terms and conditions ofthe Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. BENTON COUNTY, WASHINGTON CITY OF FEDERAL WAY Chairman DAVID H. MOSELY, City Manager 1:)- 2- Member Member Constituting the Board of County Commissioners of Benton County, Washington. ATTEST: Clerk of the Board APPROVED AS TO FORM: Rea CulweJI, Deputy Prosecuting Attorney Larry D. Taylor Benton County Sheriff K:\interlocal\Benton cty.amend.l D-S ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney - 2 - S.E City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: November 10, 2003 To: Parks, Recreation, Human Services & Public Safety Council Committee ~~- Anne E. Kirkpatrick, Chief of Police Brian J. Wil on, Deputy Chief ofPoli From: Via: David osel anger Subject: Second Arne ment to the Contract with the Federal Way School District for School Resource Officers (SROs) During the 2003/2004 School Year The City of Federal Way and the Federal Way School District entered into an interlocal agreement for School Resource Officers (SROs) on August 31,1999. It was first amended effective January 1,2000. This proposed second amendment clarifies operational issues and establishes an annual rate of compensation for 6 (six) SROs during the 2003/2004 school year. For the 2003/2004 school year, SROs are assigned to Thomas Jefferson, Federal Way, Decatur, Truman, and Todd Beamer High Schools. A sixth officer is assigned as a reliefSRO working traffic related enforcement around these (5) high schools. For these City of Federal Way Police Services, the Federal Way School District agrees to pay $364,938.00 during the 2003/2004 school year. The Public Safety Department recommends approval of this second amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. Committee Recommendation: Authorize the City Manager to enter into a Second Amendment to the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. , APPROVAL OF COMMITTEE REPORT: C~n1mittee Chair Committee Member Committee Member E -\ SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR SCHOOL RESOURCE OFFICERS WHEREAS, on August 31, 1999 the City of Federal Way (hereinafter "City") and Federal Way School District No. 210 (hereinafter "District"), collectively "Parties" entered into an interlocal agreement (hereinafter "Agreement") as amended by First Amendment dated effective January 1, 2000, pursuant to Chapter 39.34 ofthe Revised Code ofWasrungton; WHEREAS Section 10.5 of the Agreement provides that the Parties may amend the Agreement provided that it is in writing; WlIEREAS, the Parties desire to amend the Agreement to clarify operational issues. NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties that the Agreement is amended as follows: Section 1.4 is amended as follows: School Campus - The school building, all parking lots or outside common areas adjacent to the school building, and all property within VI mile. Section 1.6 is amended as follows: School Year - One hundred eighty one (181) days of official school days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty-three (183) days between the months of August and June. The preparation day and the closing day shall be mutually agreed upon between the SRO and the building principal. The District "in-service training day" for the Security Department at the beginning of each year school year is considered mandatory- attendance for all SROs. Section 1.10 is amended as follows: Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act and the Guild Contract. The District shall be billed for only school related overtime, which includes but is not limited to incidents involving juveniles and/or on the school campus. Section 1.11 is added as follows: - 1 - E -2- Sister Schools shall provide continuity of staffing during absences as described in Section 3.3. Federal Way and Decatur SROs will provide coverage for each other, as will Truman and Thomas Jefferson. When required an SRO shall provide coverage at the rate of 3.5 hours on each campus. In the event the "sister" school SRO is unavailable, coverage will be provided from the nearest available SRO at the same rate. Section 1.12 is added as follows: Unscheduled absence. The Federal Way Police Department is notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the scheduled shift. The Purpose is amended as follows: School Campus Security. It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to ~e following high schools: Decatur, Federal Way, Truman, Todd Beamer and Thomas Jefferson for a total of five positions. Section 3.3 is amended as follows: Staffing. A. Scheduled Absence. The City agrees to provide a full day replacement for each day of scheduled abSence with the following exceptions. i. The SRO shall attend designated training approved by the City and with the agreement of the building principal. This training may be provided by an outside agency, the District or the City. The SRO shall attend one day of mandatory training provided by the City per month per schooL The City shall maintain a minimum of three (3) SROs in the District during school hours. Coverage during training ~hall be provided under the "sister school" philosophy. ii B. Unscheduled Absence. The City shall maintain a minimum ofthree (3) officers assigned within the District during school hours except during exigent circumstances, which include but are not limited to natural disasters, riots, or large scale disturbances requiring Federal Way police officers response. i ' On the first day of an absence which is due to illness or emergency coverage will be provided as descnòed in the "sister school" philosophy. Subsequent days will be considered a scheduled absence and staffed accordingly. 11 -2- E-5 Section 3.6 is deleted in its entirety: Section 3.7 is amended as follows: Uniform and Equipment. A. Uniforms. NorrnaUy, a SRO will be attired-in police uniform. However, either upon the request of the building principal or, if applicable, the Memorial Field Coordinator, and approval by the City, other attire may be approved for specific occasions. Dress down attire will maintain a professional image and may include bike uniforms or other activity specific attire. B. Transportation. The City, in its discretion, may provide vehicles or other means oftransportation for the SRO. C. Radio Communications. The City will provide the SRO a radio capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network. Cellular phones may be provided at the City's discretion. Section 4.2 is amended as follows: Performance Comments. The building principal, as the District's designee under this paragraph, win provide the City's SRO supervisor with performance comments and observations concerning the SRO upon request (generally on an annual basis). The SRO supervisor is wholly responsible for the SRO's performance evaluation; the building principal's comments will not replace the evaluation, but may be included in it. Section 4.3 is amended as follows: Compensation. 2002/2003 School Year The adjusted annual rate for the 2002/2003 school year for four SROs at Truman, Federal Way, Thomas Jefferson and Decatur is Two Hundred - 3 - E-Y .__.---......_---- Twenty-four Thousand, Five Hundred Fourteen Dollars ($224,514.00). The cost breakdown is as follows: . Truman High School: Federal Way High School: Thomas Jefferson High School: Decatur High School: --------Totif:-- -- - - $ 49.892.00 (66.7% cost) $ 49,892.00 (66.7% cost) $ 74,838.00 (100% cost) $ 49.892.00 (66.7% cost) $Z2;:J;514.mJ. .. 2003/2004 School Year The adjusted annual rate for the 2003/2004 school year for four SROs at Truman, Federal Way, Thomas Jefferson and Decatur is Two Hundred Fifty- two Thousand, Six Hundred Ninety-six Dollars ($252,696.00). The cost breakdown is as follows: Thomas Jefferson High School: Federal Way High School: Decatur High School: Truman High School: Total: $ 84,226.00 (100% cost) $ 56,121.00 (66.7% cost) $ 56,121.00 (66.7% cost) $ 56.121.00(66.7% cost) $252,696.00 The adjusted annual rate for the2003/2004 school year with the addition of two SROs, one at Todd Beamer and the relief SRO is Three Hundred and Sixty-four Thousand, Nine Hundred and Thirty-eight Dollars ($364,938.00). The cost breakdown is as follows: Four SROs (TJ, FW, DC, TM): Todd Beamer High School: Relief SRO: Total: $252,696.00 (Total Cost) $ 56,121.00 (66.7% cost) $ 56.121.00 (66.7% cost) $364,938.00 The rate forthe SRO's will adjust annually in accordance with the Police Department collective bargaining agreement. Upon receipt of an invoice, the District will reimburse the City within thirty (30) days, exclusive of overtime and extra duty assignments costs. A.Extra-duty assignments. . The District agrees to pay the prevailing hourly rate for each extra duty hour worked by a police officer. In the event that overtime is incurred, the District agrees to pay the overtime rate as defined in Section 1.10. -4- t;-5 B. New Position(s). In the event the City and the District agree to establish additional SRO PQsition( s), the District will pay the proportionate amount based upon the actual days worked. C. Overtime. The District agrees to pay any and all overtime costs in accordance with the Fair Labor Standards Act and the Guild Contract. Section 4.4 is amended as follows: Office SpaceÆquivment. A. The District will provide an office space, a desk, dedicated phone line, voice mail, district and internet based electronic mail, a digital pager and a computer. The District agrees to pay the City the rate ofTen Dollars ($10.00) per pager for ten (10) mQnthsperpager, up to a maximum of four (4) pagers. The City will bill the District in one lump sum of Four Hundred Dollars ($400) on the January invoice. Additional pagers will be paid by the District in the event of additional SRO positions. The pagers are the property of the City and the Parties agree a pager will be available for each SRO. B. The District will provide access to private interview rooms. C. Generally the school campus of the District will provide a site-based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff/campus activities. In the event a site-based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. D. The District agrees to pay up to Four Hundred Dollars ($400) per SRO for the 2002/2003 school year toward the purchase of equipment to be utilized in the scope of the position. Acquisition of any accessory for the equipment shall be the responsibility of the Police Department. The equipment purchased under this paragraph will be owned by the Police Department, but will remain assigned to the SRO program at each school. The Police Department shall be responsible for all training, retraining, and certification associated with utilizing said equipment. Each SRO shall be fully trained prior to possessing the equipment at the school sites. Hours of Work is amended as follows: An SRO will work an eight-hour shift, inclusive ofthe lunch period. The SRO may be subject to call during the lunch period. The actual hours worked will be - 5 - E-~ determined by the needs of the school principal. Generally hours for high schools approximate 0645 (6:45 a.m.) to 1445 (2:45 p.m). The Parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA), and that overtime may occur. SROs will attend weekly campus based meetings with peer SROs and/or SRO supervisor. The weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes. The SROs are encouraged to attend the weekly South King County multi-agency "breakfast meeting", which is currently held within District boundaries. Section 7.2 is amended as follows: Either party may tenninate this Agreement with or without cause at the end of the school year by ninety (90) days prior written notice to the other party. For this paragraph, the school year end date shall be June 30th of the current year. Section 8.2 is amended as follows: Certificate. Each Party shall provide proof of insurance coverage to the other Party. The City shall provide the District with a Certificate of Insurance inc1udinga copy of the endorsement naming the District as additional insured. The District shall provide the City with an evidence of coverage letter from the Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times. A new Section 10.16 is added as follows: Supplemental Security Officers. The District reserves the right to place a campus security officer to assist the assigned SRO at any time., IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DISTRICT NO. 210 David H. Moseley Its City Manager By:iIL~v900~ Its Deputy Superintendent By: 33530 1st Way South Federal Way, WA 98003 31405 18th South Federal Way, WA 98003 -6- f;-l Date: Date: ~¥53 APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson City Attorney ATTEST this - day of , 2003- City Clerk, N. Christine Green, CMC K:\ínterlcll 7scboolsroamend 1st -7- E-~ 5.F CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE 11/10/03 Meeting Date: From: November 3,2002 Pat Richardson, City Attorney f~ Via: David H. Moseley, City Manager Subject: Second Addendum to Lea~e- Police Department Building C Back2round: In 1998 the City began leasing space at Ninth Avenue for the Department of Public Safety. The lease included spaces for offices, briefing rooms, evidence storage, and training. The Department of Public Safety desires to continue to lease the space for the evidence storage even though the other functions will move to the new City Hall, because the City installed significant tenant improvements to maintain the integrity of evidence from crimes, and transferring evidence to a new facility could create potential arguments regarding the chain of custody for the evidence. This proposed addendum will amend the current agreement (I) to reduce the square footage to include only the 5,865 square feet that is the evidence room, (2) to extend the Term ofthe Lease for an additional five (5) years, and (3) to adjust the monthly rent to $3,509.00 (59 cents per square foot). The City must give written notice of its intent to sign, or sign the Addendum by November 30, 2003. Staff recommends that the Parks Recreation/Human Services/Public Safety Council Committee approve the proposed Second Addendum to Lease, and forward to full Council for consideration at the November 18, 2003 meeting. Committee Recommendation: Approve the Second Addendum to Lease, authorize the City Manager to execute and forward to full Council for consideration at the November 18, 2003, Council meeting. K:\AGNDITEM\PRHSPSCOMMITTEE\11.10.03 2nd Addendum to Lease r-\ SECOND ADDENDUM TO LEASE THIS SECOND ADDENDUM is dated October L 2003 for reference purposes only and is entered into by and between Campus Business Center LLC successor in interest to Inter Co-Op USA No. ill (Landlord), and CITY OF FEDERAL WAY. a Washington municipal corporation (Tenant). A. The Landlord and Tenant entered into a Commercial Lease dated effective December 16, 1998 ("Lease") whereby Landlord agreed to lease to Tenant a portion ofthe property known as Ninth Avenue Center legaHy described on the attached Exhibit "A", and as shown by the words "Federal Way Police" on the attached Exhibit "B" ("Map of Premises") ("Premises); Said Lease was amended via First Amendment to Commercial Lease dated August 18, 1999. . B. The parties desire to amend the Lease to extend the Lease term, and provide for a rental increase for the leased premises. c. The parties desire to amend the Leased Premises and Square Footage of the premises to include only those premises located in Building C agreed to be 5,865 square feet. NOW, THEREFORE, the parties agree to the foHowing terms and conditions: 1. TERM. Section 3 ofthe Lease shaH be amended to provide that the Term of the Lease shaH be extended for an additional five (5) years, with said Term commencement date amended to July 1, 2004 Term end date amended to June 30,2009. 2. PREMISES. Effective with the Lease Extension Commencement Date of July 1,2004 Section 2 of the Lease shall be amended to reduce the Tenants Leased Premises to include only the 5,865 square feet located in Building C commonly known as 34012 Ninth Ave. S. #1, Federal Way, Washington. Tenants proportionate share of the property during the Lease extension term shaH be 8.59%. 3. RENT. Effective with the Lease Extension Commencement Date of July 1, 2004 Section 7 of the Lease shall be amended to provide that effective July 1, 2004 the rent shaH be $3,509.00 per month including NNN. The breakdown of the Rent and NNN shall be as foHows; Monthly Rent - $2,200.00 Monthly NNN - $1,309.00 4. FULL FORCE AND EFFECT. AH other terms of the Lease not modified by this Amendment shall remain in fun force and effect. F-2- IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. TENANT: CITY OF FEDERAL WAY BY: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk; N. Christine Green, CMC APPROVED AS TO FORM: Patricia A Richardson, City Attorney K:\Po1ice\Second Addendum to Lease ~-5 LANDLORD: CAMPUS BUSINESS PARKS, L.L.C. BY: Its: 5.G CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE 11/10/03 Meeting From: November 3, 2002 Pat Richardson, City Attorney' Date: Via: David H. Moseley, City Manager Subject: , An Ordinance Amending Chapter 15 of the Federal Way City Code As It Relates to the Impound of Vehicles Backeround: In 2001 the City Council enacted Article VITI in Chapter 15 of the Federal Way City Code - Impoundment ofVehicIes Driven By Suspended/Revoked Drivers. The Code provides for mandatory periods of impoundment depending upon the severity of the crime. In June of2003, Division Three of the Court of Appeals reviewed a similar municipal code provision for the City of Warden, and determined that the municipal court judge should exercise discretion and consider relevant factors in determining the period of impoundment. The Court determined that the municipal code should not mandate specific periods of impoundment. Based upon the recent case law, staff recommends modifying the provisions in Article VID, Chapter 15 of the FWCC to authorize the judges to use discretion when impounding a vehicle driven by a driver with a suspended or revoked driver's license. Staff recommends that the Parks Recreation/Human ServicesIPublic Safety Council Committee approve the proposed Amendment to Chapter 15, Article VITI of the FWCC, and forward to full Council for first reading at the November 18, 2003 meeting. Committee Recommendation: Approve the Amendment to Chapter 15, Article VID ofthe FWCC, and forward to full Council for first reading at the November 18, 2003, Council meeting. :"":'~'i;",..."",:,:",:',::"",':,r~.".':~,,~,:'~.":::::':,<',:":,i"ii;"';:"'i¡':;~""i"""':"""""':',",i:,.',""""" :'j\PPRÒV Át;~ÓF€ô.MMITTEE REPdRT.i~:,,':' '..' "," :."".:~:;~:;::';:<i:.::r.!í:\~\J';""'i'," ," """"", :.", . '.. ',' ."~~:~¡~~~:~J"¥' Cotnliii~tS~:i~~ftíl1j~? )'( Çommittëe .,Çliaif~";:,r::¡,~'.y,~: ,'.,. " '.' " Cómmittèe 1\tì~mti'~~.:~:..,;.,;, ' '. ' . """'\ .r', K: \A GND ITEM\PRHSPSCOMMITTEE\Amend Impound Ordinance b-\ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE VIII, CHAPTER 15 OF THE FEDERAL WAY CITY CODE - IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/REVOKED DRIVERS (AMENDING ORDINANCE NO. 01...393). WHEREAS, in 2001 the City of Federal Way adopted an impound ordinance relating to. vehicles driven by suspended or revoked drivers; and WHEREAS, recent case law has determined that the impound period for the vehicle should be at the discretion of the court; and WHEREAS, currently the impound periods for vehicles are mandatory; and WHEREAS, it is impractical for the registered tow truck operator to verify with the Department of Licensing whether the bidder has a valid driver's license because most auctions occur on the weekend; and WHEREAS, the amendment is necessary to comply with recent case law and to provide a practical avenue for the registered tow truck operator; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15, Article Vill, Section 15-223 oftheFederal Way City Code is hereby amended to read as follows: ORD# , PAGE 1 C:1-~ Section 15-223. Notice of Impoundment. (a) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following: (I) the name of the impounding registered tow truck operator, its address, and telephone number; (2) the location and time ofthe impound, and by whose authority (including the name of the officer or authorized agent of the Department) the vehicle was impounded; (3) the notice that there may be a mandatory period of impoundment under Section 15-222 as detennined by the Municipal Court; and (4) a fonn, approved by the City, which describes the right to and process for vehicle redemption requirements as set forth in Section 15-224, and which describes the process of Section 15-225 for contesting an impound or the costs of impoundment. . (b) Not more than twenty-four (24) hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy ofth,e notice described in subsection (a) ofthissectionby first class mail to the last known address of the legal and registered owner(s) of the vehicle, as maybe disclosed by the vehicle identification number arid/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice , need not be mailed. Aproofofmailing fonn shall be completed by the registered tow truck operator and filed with the Municipal Court. Ifthe registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day.ofthe proposed period of impoundment, as set forth in Section 15- 222, to ensure payment of the costs. of impoundment. The notice shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. (c) The registered tow truck operator or the Department of Public Safety, as applicable, shall provide notice as described in subsection (a) of this section by first class mail to each person who . contacts the Department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing fonn shall be completed by the registered tow truck operator and filed with the Municipal Court. (d) Ifthe date on which a notice required by subsection (b) ofthis section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday. . ORD# , PAGE 2 (;-3 SECTION 2. Chapter 15, Article VIII, Section 15-224 oftheFederal Way City Code is hereby amended to read as follows: Section 15-224. Redemption of impounded vehicles. Vehicles impounded by the City in accordance with this Chapter, as now or hereafter amended, shall be rèdeemed only under the following circumstances: (a) Only the registered owner, a person with authorization from the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization from the registered owner and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this Chapter must, prior to redemption, establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020 and pay a $100.00 administrative fee to the Municipal Court, and obtain a receipt for release from the Municipal Court. If the vehicle was impounded pursuant to FWCC 15-221 and was being operated by the registered owner when it was impounded, the Municipal Court shall not issue a receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been satisfied, or a time payment agreement (in a form approved by the Municipal Court) has been entered into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded pursuant to this Chapter for D WLS 1 or 2, or NY 0 L, can only be released pursuant to a written order from the Court. A vehicle impounded pursuant to this Chapter for DWLS 3 or NVOL may be released pursuant to the Municipal Court receipt. (b) Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for the costs of impoundment prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120 (1) (b), as now or hereafter amended. (c) The Municipal Court is authorized to release a vehicle impounded pursuant to FWCC 15- 221 prior to the expiration of any period of impoundment upon petition ofthe spouse of the driver, or. the registered owner provided the owner was not the driver, based on economic or personal hardship to such spouse, or registered owner resulting from the unavailability of the vehicle and after consideration ofthe threat to public safety that may result from release ofthe vehicle, including, but not limited to, the driver's criminal history, driving record, license status and access to the vehicle. The court is also authorized to release the vehicle upon petition of the driver where the driver has obtained a valid driver's license and the driver was the registered owner or has the permission ofthe registered owner to redeem the vehicle. An individual may have only one such hardship petition granted. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements ofFWCC 15-224 (a) and (b). SECTION 3. Chapter 15, Article VIII, Section 15-228 ofthe Federal Way City Code ORD# , PAGE 3 c; -L.{ is hereby amended to read as follows: Section 15-228. Registered Tow Truck Operators - Contracts, Requirements. ( a) The City Manager is authorized to seek a towing company or companies for a one or more contracts to be a City registered tow truck operator to perform towing and impounds pursuant to this Chapter. Award of any such contract or contracts shall be consistent with the City's adopted purchasing policies and applicable state and local laws and policies, and be approved by the City Manager or the City Council, as applicable. (b) If the City Manager determines not to enter into a contract for registered tow truck operator services,. the City. Manager may authorize the Director.to have any tow truck operator registered with the State of Washington perform towing and impounds pursuant to this Chapter. (c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this Chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator shall first confirm with the "\,1;,rashington Døpar.ment of Licensing (or the applicable licensing agency of another state) that the successful bidder at the auction has release the vehicle to an individual possessing a valid Washington driver's license or a valid driver's license from another state. (d) Records. (1) With respect to any sale at auction of a vehicle impounded under this Chapter, all registered tow truck operators shall record the date of sale, the vehicle identification number of each . vehicle, the name, address and telephone number of tile registered owner of the impounded vehicle being auctioned, as well as the name, address, driver's license number and date of driver's license expiration of each buyer. Said record shall be submitted to the Director on or before December 31 st of each calendar year. (2) A registered tow truck òperator shall maintain copies of all records of all sales required pursuant to this Chapter, for at least six (6) years, and such records shall be open at all reasonable times to the inspection of the designated official, or his or her duly authorized designees for inspection. . Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance , PAGE 4 ORD# b-5 or the invalidity ofthe application thereofto any person or circumstance, shall not affect the validity ofthe remainder ofthe ordinance, or the validity ofits application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date oftms ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shaUtake effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council ofthe City of Federal Way this ,2003. day of CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORD IN\DWLSirnpoundordinance2003 .doc Revised 1-13-02 , PAGE 5 ORD# C ,-(0 S.H CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: ,. November 3, 2003 ~ Kelli O'Donn~lI, CDBG Coordinat David ~ Manager Interlocal Co~èratlon Agreement for Regional Affordable Housing Program ("RAHP") Action Background The Washington State legislature passed Substitute House Bill 2060 in 2002 that created a $10 surcharge on recordings of real property for low-income housing. Auditors in each county collect HB 2060 funds with counties in the State retaining a portion of the funds for very low-income housing. It is estimated King County will collect $2.2 million annually from HB 2060 with funds dedicated to low-income housing. Each county is required to enter into an interlocal agreement with the cities in the county for distribution of the funds consistent with countywide and local housing needs and policies. The Regional Affordable Housing Program ("RAHP") Interlocal Cooperation Agreement and Guidelines was formulated by a planning group formed by King County to establish how funds would be distributed regionally. Attached is the report to the Human Services Commission including the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines with the . transmittal letter from King County. Commission Recommendation At the October 20, 2003, Human Services Commission meeting, Staff recommended adoption of the Interlocal Cooperation Agreement for the new RAHP. The Human Services Commission passed a motion recommending execution of the Interlocal Cooperation Agreement to participate in the Regional Affordable Housing Program following discussion of the program. Committee Recommendation I move to recommend that the City Council authorize the City Manager to execute the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House Bill 2060) and to place this item before the full Council on November 18, 2003, for approval. ApPROVAL OF COMMITTEE REPORT: .. , . < ",". --_.--,.-, :' " . ~ .":~" : Committee Member Committee Chair Committee'Member H,- \ CITY~ ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: October 13, 2003 Human Services Commission ~. Kelli O'Donnell, CDBG Coordina Interlocal Cooperation Agreem for Regional Affordable Housing Program ("RAHP") - Action Background: The Washington State legislature passed Substitute House Bill 2060 in 2002 that created a $10 surcharge on recordings of real property for low-income housing. Auditors in each county collect HB 2060 funds with 5% of the proceeds deducted for administration. Counties in the State retain sixty percent of the remaining funds for very low-income housing. Each county is required to enter into an interlocal agreement with the cities in the county for distribution of the funds consistent with countywide and local housing needs and policies. The remaining funds are utilized by the State to support building operations and maintenance costs of extremely low- income housing projects. King County formed a SHB 2060 Planning Group in 2002 to produce guidelines for the distribution of SHB 2060 funds in King County. The Planning Group included representatives from King County, participating cities, and representatives from a variety of private housing organizations in King County. The Regional Affordable Housing Program ("RAHP") Interlocal Cooperation Agreement and Guidelines was formulated by the Planning Group to establish how funds would be distributed regionally. Attached for Commission review is the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines with the transmittal letter from King County. The Agreement: establishes how funds will be allocated; sets subregional allocation targets and monitoring; prioritizes the use of funds; and establishes eligibility for RAHP funds. The Agreement has been passed by the Metropolitan King County Council and has been forwarded for adoption by cities within King County. If Federal Way chooses not to participate, King County has requested that we decline in writing on the form attached to the Interlocal Agreement. Staff Recommendation: Staff recommends adoption of the Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines. The estimated amount of funds to be collected annually is $2.2 million, which will provide a dedicated funding source for low-income housing. The Guidelines ensure that the funds will be distributed regionally to address both existing and future housing needs. Proposed Motion: I move to recommend that the City Council authorize the City Manager to execute an Interlocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP") and Guidelines, in accordance with 2002 Washington Laws Chapter 294 (Substitute House Bill 2060). H-'L @ . RECENED ~~ Dt?þ-~¡1}.t.m COMMUNITY DEVELOP!-AE S£.P 11 2.003 King County Executive RON SIMS September 12,2003 "..~..,: Dear Mayors, City Managers, CDBG and HOME Consortium Coordinators: I am very pleased to present for your city's review and approval the InterJocal Cooperation Agreement for the new Regional Affordable Housing Program ("RAHP"), and the RAHP Guidelines, attached thereto as Exhibit 1. This regional partnership will benefit our communities through the provision of new affordable housing for many years to come. The planning process to formulate this new program was a very exciting regional process and I am grateful to aU the participants ITom local jurisdictions and from the housing community. FolJowing upon the work of the planning group, I recommended for King County Council approval an ordinance establishing RAHP Guidelines and an ordinance authorizing RAHP InterJocal Agreements. The ordinances were passed on July 21,2003, and signed into law on July 30,2003. The RAHP win aUocate revenues collected by King County pursuant to Substitute House Bill 2060, passed by the state legislature last year. The RAHP guidelines are flexible, allowing for the funding of many different types of housing projects, including ownership housing, permanent rental housing, transitional housing and shelters for very low-income households. Funds generated by SHB 2060 can be used for new construction, acquisition of property and rehabilitation. The program also provides a limited amount of operation and maintenance funds for existing transitional housing projects and shelters serving very low-income households. Eligible applicants for the RAHP can be non-profits, for-profits, housing authorities and local governments. I encourage all cities in King County to sign the RAHP Agreement, in order to adhere to the lang1!age of the SHB 2060 legislation, which states that the funds are to be administered ": . .according to an interlocal agreement between the county and the cities within the county. . .". Appropriate action by ordinance or resolution of a jurisdiction's council is required for the agreement to be effective. Council action should be taken by the end of November 2003, in time for allocation decisions for the RAHP in December. The RAHP guidelines allow a city to participate as much or as little as desired in the program. . Staff Level: All cities are invited to appoint a staff person, including A Regional Coalition for Housing (ARCH) staff representing particular cities, to participate in the RAHP/HOME Working Group. On the working group, staffwiU review projects from their jurisdictions and work with the King County Housing and Community Development staff to make +-t~3 KING COUNTY COURTHOUSE 516 THIRD AVENUE, ROOM 400 SEATILE, WA 98104-3271 (206) 296-40W 296-0194 FAX 296-0200 TOO E-mail: ron.sims@metrokc.gov E9 King County is an Equal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act "~. Mayors, City Managers, CDBG and HOME Consortium Coordinators September 12, 2003 Page 2 funding recommendations to the inter-jurisdictional Joint Recommendations Committee,. currently chaired by Mayor Ava Frisinger of the City ofIssaquah. A city that participates in ARCH may elect to defer participation of their staff and allow ARCH staff to represent them, if desired. It would still be beneficial for a city to sign the RAHP Interlocal Agreement even if that city does not elect to participate in the staff work group so that the structure of the program in King County will adhere as closely as possible to the language of SHB 2060. . If staff from your city have not participated in the HOME Working Group but would like to participate in the RAHP, please contact Al D' Alessandro in the King County Housing and Community Development Program, at 206-205-6562. . Elected OfficialfDepartment Director Level: Your city may also have the opportunity to have a representative on the Joint Recommendations Committee (JRC). If you would like more information on the JRC and how cities' representatives are appointed, please contact Mayor Frisinger, at 425-837-3021, or Jackie MacLean, Director of King County's Department of Community and Human Services, at 206-296-7689. Please be aware that RAHP Guidelines include allocation targets for projects to be located throughout the region based on three large sub-regional areas: Seattle, EastINorth County, and South County. Project location is not necessarily tied to whether a particular jurisdiction has signed the Interlocal Agreement. If your city decides not to sign the Agreement, please use the enclosed form to state in writing that your jurisdiction declines to participate in the RAHP. If you have any questions regarding the RAHP Guidelines, the Interlocal Agreement, or the enclosed form, please contact Cheryl Markham, RAHP Planner, in the Housing and Community Development Program, at 206-205- 1417, or bye-mail, at cheryl. markham@metrokc.gov. Please return your signed. Agreement or form to the King County Housing and Community Development Program, 821 Second Avenue, Suite 500, Seattle, W A 98104, Attention: Cheryl Markham. Tbank you for your assistance in making this regional program a success. ~ King County Executive Enclosures cc: The Honorable Ava Frisinger, Mayor, City ofIssaquah Katie Hong, Office of Housing, City of Seattle . Jackie MacLean, Director, King County Department of Community and Human Services ~~y REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COO PERA TI ON AGREEMENT. An Agreement for the.use of SHB 2060 Local Low-Income Housing Funds in King County THIS AGREEMENT is entered into between King County, a municipal corporation and political subdivision ofthe State of Washington, hereinafter referred to as the "County", and the City of , hereinafter referred to as the "City", said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as the "CPPs", developed pursuant to the Washington State Growth Management Act, have established standards for cities to plan for their share of regional growth and affordable housing; and" WHEREAS, to implement the CPPs, the King County Growth Management Planning Council appointed a public-private Housing Finance Task Force in 1994, hereinafter referred to as the "HFTF", to recommend potential fund sources for affordable housing for existing low- income residents and for meeting the affordable housing targets for future growth; and H-5 WHEREAS the HFTF recommended a document recording fee as a source of regional doHars for low-income housing development and support, and recommended that representatives of the County, Cities and the housing community work together to make decisions about the use and administration of such a fund; and WHEREAS in March 2002, Substitute House Bill 2060, hereinafter referred to as SHB 2060, was passed by the Washington State Legislature and was signed into law by the Governor as Chapter 294, 2002 Washington Laws in April 2002, and was effective on June 13,.2002. SHB 2060 provides, in large part, that: A surcharge of ten doHars per instrument shaH be charged by the county auditor for each real property document recorded, which wilJ be in addition to any other charge authorized by law; After retention of up to five percent (5%) for coHection administration, forty percent (40%) of the revenue win be transmitted monthly to the state treasurer, and sixty percent (60%) ofthe revenue will be .. retained by the county and deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low-income households at or below fifty percent (50%) of the area median income. The local portion ofthefunds must be aHocated pursuant to an interlocal agreement between the county and the cities within the county that is consistent with countywide and local RAHP ICA / Page 2 H~ housing needs and policies, and pursuant to the eligible activities listed in the SHE 2060 legislation; and WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between King County and cities in the King County Community Development Block Grant Consortium, hereinafter referred to as the "CDBG Agreements", and/or existing Interlocal Cooperation Agreements between King County and cities in the King County HOME Investment Partnerships Program Consortium, hereinafter referred to as the "HOME Agreements", are not modified by this Regional Affordable Housing Program Agreement; and WHEREAS, the City and King County agree that affordable housing is a regional issue, that cooperation between the Cities and the County is beneficial to the region, and that a regional approach to utilizing the SHB 2060 funds will allow those funds to be used in the most productive manner; and WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement in Qrder to administer the SHB 2060 revenue as a regional fund, as authorized by the Intergovernmental Cooperation Act, RCW 39.34, and, as required by SHB 2060; / NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONT AINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 4i-l RAHP ICA / Page 3 I. Definitions and Interpretation. Capitalized terms used herein shan have the fonowing meanings unless the context in which they are used clearly requires otherwise. "Joint Recommendations Committee" or "JRC" means the inter-jurisdictional body developed pursuant to the CDBG Agreements and the HOME Agreements. The JRC is currently composed of five (5) Cities' representatives and four (4) King County representatives. The King County Executive appoints the four County representative seats. The King County Consortium's HOME-only cities rotate one of the City representative seats, and the Suburban Cities Association selects the four remaining City representative seats. Asmall city representative is a priority for one of the four remaining City seat~. JRC members are appointed for a term two years, with the exception of the alternating HOME-only cities' seat, which revolves every year. "HOME Working Group" means the staff work group consisting of staff representatives from participating Cities and from the County that work together to recommend annual capital fund allQcations for housing projects and related policies to the inter-jurisdictional Joint Recommendations Committee. / "2060 Planning Group" means the planning group consisting of staff representatives from the Cities, from the County, and from the housing community that worked together between August 2002 and October 2002 to develop guidelines for the local portion of the SHB 2060 funds, pursuant to the recommendations of the HFTF. RAHP ICA / Page 4 \-f-~ II. General A~reement The purpose of this agreement is to establish the "Regional Affordable Housing Program", hereinafter "RAHP", to be administered by King County in cooperation with Cities and Towns within the County that choose to participate in the program. The local portion of SHB 2060 revenue shall be administered as a regional fund by the King County Housing and Community Development Program in a manner that is consistent with countywide and local housing needs and policies. The City and the County agree to cooperate in undertaking RAHP activities. III. General Administration. Distribution and Use of the RAHP. A. Expansion and role ofthe JRC. The JRC shall be the body that reviews and adopts annual RAHP fund allocations and related allocation polices, consistent with the King .. County Council-adopted RAHP Guidelines, the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. The membership ofthe JRC, as authorized by the CDBG and HOME Agreements, and as defined herein, shall be expanded to include an appointment from the City of Seattle. The Seattle JRC representative wiJ) attend meetings that concern the SHB 2060 fund and will be entitled to vote solely on SHB 2060 issues and not on other King County Consortium RAHP ICA / Page 5 H-9 matters coming before the JRc. The Seattle representative shall be an elected official, department director or comparable level staff. B. Incorporation by reference of certain amendments to the King County Consortium's CDBG and HOME Agreements. CDBG and HOME Agreement Cities and the County agree to convene a special working group in 2003 to recommend changes and/or expansion ofthe representation of cities on the JRC in the CDBG and HOME Agreements. The special working group shall make recommendations on the constitution of the JRC in time for CDBGand HOME Agreement cities to reach agreement on amendments by December 31,2003. Amendments made to the CDBG and HOME Agreements concerning the representation of cities on the JRC, shall be incorporated by reference into this RAHP Agreement and the RAHP Guidelines. Amendments to the CDBG and HOME Agreement cities' representation on the JRC shall not alter the City of Seattle's seat on the JRC for RAHP purposes. C. Expansion of the HOME Working Group. The HOME Working Group, as defined ~ herein, shall be expanded to include an appointment from the City of Seattle's Office of Housing, and shall be re-named the "RAHP/HOME Working Group". Seattle staff wi]] be entitled to participate solely in making SHB 2060 program recommendations , and not in other King County Consortium matters coming before the RAHP/HOME Working Group. Each city that participates in the RAHP is entitled to have a staff person on the RAHP/HOME Working Group. RAHP ICA / Page 6 \-\-10 D. Role of the RAHP/HOME Working Group. The RAHP/HOME Working Group shall make annual RAHP fund allocation and related allocation policy recommendations to the JRc. The RAHP/HOME Working Group recommendations shall be consistent with the King County Council-adopted RAHP Guidelines, the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. Pursuant to the RAHP Guidelines, the RAHP/HOME Working Group shall examine the percentages of RAHP funds distributed to the subregions of the County following the 2004 and 2005 funding rounds, and shall recommend actions to achieve geographic equity by the time the RAHP Agreement expires in 2006. City and County staff wiJI work together to take actions to achieve geographic equity in the distribution ofRAHP funds. E. Administration of RAHP Programs. The King County Housing and Community Development ("HCD") Program staff shall distribute RAHP funds pursuant to the .. allocations adopted annually by the JRC, and shall administer the program pursuant to the RAHP Agreement and the King County Council-adopted RAHP Guidelines, attached hereto as Exhibit #1. King CountyHCD staff shall provide the RAHP/HOME Working Group, the JRC, and participating jurisdictions with an annual report that provides information about the capital housing projects that were awarded RAHP funds in that year; in addition to RAHP ICA / Page 7 t-t-n the status of capital housing projects that were awarded RAHP funds in a prior year(s). King County HCD staff shall invite the staff of participating cities to be involved in a focus group to further develop the RAHP Operations and Maintenance ("O&M") Fund, and to be on the review panel that wilJ recommend O&M funding awards to the JRc. F. Administrative Costs. King County agrees to pay the costs of administering the Regional Affordable Housing Program. No portion ofthe sixty percent (60%) ofthe SHB 2060 revenue retained by King County in a fund for the RAHP shall be utilized for RAHP administration. G. Interest on the RAHP Fund. Interest accrued on the sixty percent (60%) ofthe SHB 2060 revenue retained by King County in a fund for the RAHP shall remain with the RAHP fund and wilJ be distributed to projects according to the subregional allocation .. target formula found in the RAHP Guidelines, attached as Exhibit 1. H. Sub-Regional Geographic Equity. The parties intend that the RAHP funds shall be awarded to projects throughout King County in a fair and equitable manner over the duration of this agreement. Equity is to be achieved through sub-regional allocation targets, as follows: A fixed percentage ofRAHP local funds will be allocated to sub- RAHP ICA / Page 8 \4--) L regions of the County by the end ofthis 4-year Agreement, as specified by a formula contained in the RAHP Guidelines, attached hereto as Exhibit #1. 1. General Use of Funds. The local portion ofthe SHB 2060 revenue shan be utilized to meet regional housing priorities for households at or below 50% of area median income, as established in the RAHP Guidelines, attached hereto as Exhibit #1. J. Compliance with Fair Housing Laws. Farties to this agreement must take actions necessary to ensure compliance with the Federal Fair Housing Act, as amended, the Americans with Disabilities Act of 1990, and other applicable state áI1d local fair housing laws. IV. Agreement Duration This Agreement shan remain in fun force and effect through December 31, 2006, when this agreement win expire. The 2060 Planning Group will re-convene in the spring of 2006 to evaJuate the RAHP and to recommend whether the RAHP Guidelines and the RARP Interlocal Agreement should be re-negotiated or renewed in their current formats. V. General Matters and Recording A. No separate legal or administrative entity is created by this Agreement. Neither the JRC, the RARP/HOME Working Group, nor the 2060 Planning Group are RAHP ICA / Page 9 t1-r? anticipated to acquire or to hold any real or personal property pursuant to this Agreement. Any personal property utilized in the nomial course of the work of such bodies shall remain the property of the person or city initially offering such personal property for the use of any such body. B. Pursuant to RCW 39.34.040, this Agreement shall be filed with the King County Auditor. KING COUNTY, WASHINGTON CITY OF Signature of Chief Executive Officer Ron Sims, County Executive Name and Title (printed) Date: Date: Approved as to Form: Signature of City Attorney Signature of County Prosecuting Attorney .. Date: Date: tI-JY RAHP ICA / Page 10 EXHIBIT 1 Re2ional Affordable Housin2 Pro2ram Guidelines .. +1- LS Regional Affordable Housing Program Guidelines Guidelines for the Administration and Allocation of SHE 2060 Local Low-Income Housing Funds In King County A. Introduction The provisions of Substitute House Bill 2060 became èffective in Washington State on June 13, 2002. SHB 2060 created a document recording fee on certain documents to be utilized for low- income housing. Administration of the fund is shared between local governments and the State. The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement between the County and the Cities and Towns within the County. The work of the Housing Finance Task Force ("HFTF"), appointed by the King County Growth Management Planning Council in 1994, led to the passage of SHB 2060. In "recognition of the recommendations made by the HFTF, a SHB 2060 Planning Group was invited to come together to produce guidelines for the King County SHB 2060 funds. The King County SHB 2060 Planning Group 1 is made up of City representatives, County I City representatives included staff from the cities of: Burien, Tukwila, Kent, Federal Way, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, Bellevue and ARCH Housing organization representatives included staff from the following: Seattle-King County Housing Development Consortium, Impact Capital, South King County Multi-Service Center, Hopelink, Fremont Public Association, Seattle Habitat for Humanity, South King County Habitat for Humanity, Friends of Youth, The Salvation Army, Community Psychiatric Clinic, Lifelong Aids Alliance, St. Andrews Housing Group, Housing Resource Group, t{-1(P representatives and representatives from a variety of private housing organizations in King County. The King County SHB 2060 Planning Group strongly favored a regional low-income housing fund source administered by King County. The planning group worked hard to achieve a regional fund, and the Regional Affordable Housing Program Guidelines are the result of that work. B. Duration of the Guidelines The Regional Affordable Housing Program ("RAHP") Guidelines shaH take effect after adoption by the King County Council, and shaH remain in effect through December 31, 2006. In the spring of 2006 the King County 2060 planning gróup shaH be reconvened to' evaluate the RAHP, and to make recommendations as to whether the RAHP guidelines should be amended or should remain in the current fonnat. C. ..Decision-Making Structure and Regional Allocation Method 1. Approving Body EDYP, YWCA, Mental Health Housing Foundation, Rental Housing Association, Highline- West Mental Health, Yalley Cities Counseling, Seattle Emergency Housing Service, Common Ground, Vietnam Yeterans Leadership Program RAHP Guidelines/ Page 2 H-I, The interjurisdictional Joint Recommendations Committee (JRC), as defined in the RAHP Interlocal Cooperation Agreement, hereinafter "RAHP Agreement" shall be the body that reviews and adopts RAHP funding allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP Agreement, to include representation ftom the City of Seattle on RAHP matters. Allocations and related policies adopted by the JRC must be consistent with these RAHP Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. 2. Annual Fund Allocation Recommendations The existing HOME Working Group, as defined in the RAHP Agreement, shall be renamed the RAHP/HOME Working Group and shall be expanded to include a staff representative from the City of Seattle. City of Seattle staff will participate solely in making RAHP recommendations. .. The RAHP/HOME Working Group will work together to make RAHP fund allocation recommendations and related allocation policy recommendations to the JRC: . King County HCD staff will review all RAHP applications and make preliminary funding recommendations on them. RAHP Guidelines/ Page 3 t-}-- \ <t . Cities staffwill review applications for projects in their jurisdiction and make preliminary recommendations on those applications. . Cities staff will receive information on all RAHP applications to review prior to the meeting ofthe RAHP/HOME Working Group at which final funding recommendations are formulated for transmittal to the JRC. . RAHP/HOME Working Group participants will meet together to make annual RAHP funding recommendations to the JRC, and at other times during the year, as necessary, to discuss RAHP issues and make recommendations to the JRc. 3. Subregional Allocation Targets The RAHP Fund will be a flexible fund that can address regional and subregional housing needs. The fund will use subregional allocation targets as a means to achieve geographic equity in the distribution of SHB 2060 funds by December 31, 2006, the date that these guidelines and the RAHP Agreements expire. .. a. Subregional Areas: 1) City of Seattle Subregion 2) North/East Subregion - north and east urban and rural areas, including 34% of unincorporated King County 2 Percent of unincorporated King County attributed to the North/East and South Subregions is based on the 2000 census data for households in the unincorporated portions of the King County Community Planning Areas, as listed in the 2002 Annual Growth Report. RAHP Guidelines/ Page 4 \-t -" 3) South Subregion - south urban and rural areas, including 66% of unincorporated King County b. Formula for Subregional Allocation Targets Each subregion will have a targeted percentage ofthe RAHP funds, including the interest on the RAHP funds, a1located to projects within the subregion over the 4-year period of the RAHP Guidelines and the RAHP Agreement. Each subregion will receive a1locations to projects within the subregion that are equal to or greater than 95%, of the subregions' allocation target by December 31, 2006. The formula for a1locating RAHP funds to the subregions is as fo1lows: . One half of the RAHP funds sha1l be targeted for a1location amongst the three subregions based on each subregion's relative share of total existing need for affordable housing. Existing need shall be determined by the percentage of low- .. income households paying more than 30% of their income for housing in the subregion, according to the 2000 U.S. Census data3. . One half of the RAHP funds sha1l be targeted for a1location amongst the three subregions based on the subregions' growth targets for future need, as established through the Growth Management Planning Council. Future need shall be RAHP Guidelines/ Page 5 t+-LQ determined by the subregions' relative share of total future need for affordable housing in the County. A subregion's relative share of future need is the percentage of the subregion's affordable housing target for low-income households relative to the cumulative affordable housing target for low-income households of all jurisdictions in the County, including unincorporated King County4. When the U.S. Census data has been broken down in the form needed to determine the subregional target percentages. it will be applied to the formula specified above in order to calculate the actual targets. The actual target percentages will be presented to the JRC for their approval to insert them into the RAHP Guidelines. c. RAHP/HOME Working Group to Monitor Subregional Allocation Targets The RAHPIHOME Working Group will monitor the subregional distribution of RAHP funds every aHocation cycle. Following the 2004 and 2005 RAHP allocation .. cycles the working group will determine if any subregion(s) has received allocations below 95% ofthe subregion's allocation target. 3 King County demographers are working to break down the 2000 U.S Census Data in the form that is needed to develop the subregional allocation target percentages. 4 The percentage of a subregion's target relative to the cumulative target is derived by averaging the target percentages of the jurisdictions within that subregion. For each jurisdiction, the target percentage is calculated in the following manner: the number of households that a jurisdiction must plan for, per the 2002-2022 Countywide Planning Policy (CPP) Growth Target, is multiplied by .24 or .20 (depending on the ratio oflow wage jobs to low cost housing for the jurisdiction in Appendix 3 of the CPPs); that number is then divided by the cummulative RAHP Guidelines/ Page 6 4-~1 If any subregions have received allocations under 95% of their target allocation after the first two funding cycles, the working group will adjust the allocation targets of such subregion(s) in the third and/or fourth funding cycles, as needed. In addition, the Working Group will propose strategies and actions, for review by the JRC, that are designed to increase the percentage ofRAHP funds spent in those subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will work to implement actions that will aid in achieving geographic equity in RAHP allocations by December 31,2006. D. Use of the RAHP Funds 1. RAHP Priorities . Top Priority: Capital funds for the acquisition, rehabilitation and/or new construction of eligible housing projects or units within housing projects. New construction is not eligible if the low-income housing vacancy rate for all of King .. County exceeds 10%5. . Second Priority: Building operations and maintenance funds for transitional housing projects or transitional units within housing projects that were built with Housing affordable housing target for low-income households of all King County jurisdictions, including unincorporated King County. 5 The low-income housing vacancy rate for each county will be established by the State, pursuant to the SHB 2060 legislation. RAHP Guidelines/ Page 7 ti -?.. L- Trust Fund dollars, and that require a supplement to the rental income in order to cover ongoing operating expenses. . 'Third Priority: Operating funds for emergency shelters and licensed overnight youth shelters. . Last priority: Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program. 2. RAHP Eligibility Eligible Housing Tvpes . Capital Funds: permanent rental or ownership housing projects or units within housing projects, transitional housing projects or transitional units within housing projects, emergency shelters and licensed overnight youth shelters or shelter space within a housing project. , .. . Operating and Maintenance Funds: transitional housing projects, emergency shelters and licensed overnight youth shelters. Eligible Populations Served . All projects or units funded with RAHP funds must serve households at or below 50% of area median income . Families RAHP Guidelines/ Page 8 tt - 23 . Homeless families and individuals, including youth . Special needs populations, including seniors . Disabled households or households with a disabled member Eligible Applicants . Nonprofit organizations . Housing Authorities . Local. governments . For-profit entities are only eligible for capital funds in the top priority. This is due to the language of the SHB 2060 legislation, which restricts operations and maintenance funds to projects "built with Housing Trust Funds". For-profit entities are not eligible for W A State Housing Trust Funds. Eligible use ofRAHP Funds - eligible uses of funds are subject to the RAHP priorities listed above. .. Capital funds: . Acquisition of land for a housing project or units in a project that wiJ) serve eligible population( s). . New construction of a housing project or units in a project that wiJ]serve eligible population( s). . Acquisition of a housing project or units in a project that will serve eligible population( s). RAHP Guidelines/ Page 9 t-t-2Y . Rehabilitation of a housing project or units in a project that wìl1 serve eligible population( s). . Capitalization of a maintenance replacement reserve in connection with a capital investment - applicants may be new housing projects that wìl1 serve eligible populations, as wen as existihg6 housing projects that serve eligible populations. . Rental assistance voucher program for housing projects or units within housing projects administered by a housing authority. Operations and Maintenance (O&M) Funds: . Ongoing building operations and maintenance expenses that cannot be covered by the rental income of the housing project; building O&M expenses must be directly related to running the building(s) and cannot include services (see section E.1. below for more information about the O&M fund program). . Rental assistance vouchers to be administered by a local housing authority in conformity with the SectionS program. E. ~RAHP Administration The RAHP funds shall be administered as a regional fund by the King County Housing and , Community Development (BCD) Program. 6 Existing projects are housing projects or units in projects that already served eligible population(s) and already existed as of the date of application for funds. RAHP Guide1ines/ Page 10 H-zs 1. RAHP Capital Funds RAHP capital funds will be administered by the King County HCD's Housing Finance Program (HFP), in conjunction with other fund sources administered by HFP. The HFP will staff the RAHP/HOME Working Group and work with staff of the participating cities in King County to develop RAHP funding allocation recommendations and related policy recommendations for JRC review and. adoption. The HFP will distribute RAHP funds through contracts pursuant to the allocations adopted by the JRC, and will generate an annual RAHP report that provides information about the projects that received funding in the current year, as well as the status of projects awarded RAHP funds in prior year(s). By request of the 2060 Planning Group, the HFP staffwill apply the tenus of the King County Housing Opportunity Fund ("HOF") to RAHP contracts, with the exception of the .. following: . to the extent that there are differences between the HOF guidelines and RAHP / guidelines, the RAHP guidelines will apply; . a financial match by the local government where a housing project is to be located is not required, but is encouraged. RAHP Guidelines/ Page 11 }.l-- 2. ~ . RAHP funds will have no maximum subsidy per unit, but will be limited to 50% of the total development cost of a project. 2. RAHP Operations and Maintenance Fund The local RAHP O&M fund will be administered through the King County HCD Program's Homeless Housing Programs ("HHP") Section. The local portion of SHB 2060 funds to be used as O&M for transitional housing projects and emergency shelters will be 16% of the anticipated average amount of local SHB 2060 dollars ($2.2 millionr In order to hold the RAHP O&M fund steady so that multi-year commitments can be awarded to eligible projects, the O&M portion of the fund will be held at $352,000 per year (16% of the total $2.2 million average) for the duration of the RAHP Guidelines. As the total local portion of SHB 2060 funds collected fluctuates from year to year, the O&M portion will remain at $352,000 and the remainder of the 4 local portion will be available for the other priorities. The priority for RAHP O&M funds will be existing projects that the Washington State / O&M fund is unlikely to support. The priorities for the State O&M fund are new housing 7 The percentage of local SHB 2060 funds set aside for O&M was determined by the 2060 Planning Group, which worked together to balance O&M needs and other priority needs in the County. Given the fact that 40% of the locally collected funds are sent to the State of Washington solely for O&M use, and the fact that King County projects can apply for the State O&M funds, the 2060 Planning Group felt that local O&M needs and other priority needs are adequately balanced at this percentage. RAHP Guidelines! Page 12 H-:;<) projects that are simultaneously applying for W A State Housing Trust Fund capital funds and shelters receiving Emergency Shelter Assistance Program ("ESAP") funds. Therefore, the local RAHP O&M fund will prioritize existing transitional housing projects and shelters that do not receive ESAP funds. FolJowing the adoption ofthe RAHP Guidelines and the RAHP Agreement by the jurisdictions in King County that elect to participate in the RAHP, the HHP will convene a focus group of city staff and stakeholders to further develop the parameters of the RAHP O&M fund and the RAHP O&M Request for Proposals. The RAHP O&M funds will be awarded in multi-year commitments and will have minimum and maximum grant amounts, however, the minimum and maximum amounts and other O&M fund details will be detennined by the O&M focus group and wi]] be reviewed by the JRc. The HHP wi]] invite city staff and other stakeholders to participate on the panel to review applications for the RAHP O&M funds. The review panel wilJ recommend O&M fund awards to the JRC for final adoption. .. RAHP Guidelines/ Page 13 \-\-2<0 Statement of Non-Participation in the Regional Affordable Housing Program The city of declines to participate in the Regional Affordable Housing Program ("RAHP") and will not sign the current RAHP Interlocal Agreement, which wiJ1 be in effect through December 2006. We wiJ) contact the King County Housing and Community Development Program if we decide to participate in the program in the future. Reason for decision to decline participation (optional): Signed: Title .. Date Please return to: Cheryl Markham RAHP Planner King County HCD 821 2nd Ave., Suite 500 Seattle, W A 98104 FAX: 206-296-0229 e-mail: cheryl.markham@metrokc.gov 4-2\ CITY OF FEDERAL WAY CITY COUNCil PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE 5.1 Date: From: Via: Subject: November 3, 2003 ~ Angelina All n-M .si, Human Services Manager David Mosel anager Mid-Bienniu evie of 2003-04 Human Services Contracts Backaround At your November 10, 2003 meeting, the Committee wll take action on the Commission's recommendations regarding 2004 Human Services Commission allocations, based on our evaluation of agency contract performance. I will be at the meeting to present the recommendations and respond to your questions. This Memo describes the following: . The purpose of the mid-biennium review; . The process used to evaluate contract performance; and . The Commission's recommendations regarding the 2004 Humän Services Fund allocations and 2004 one-time funding. . Attachments include: 1) the Human Services Commission Mid-Biennium Review Recommendations for 2004; 2) the Mid-Biennium Review Criteria; 3) Memo to the Human Services Commission regarding 2004 One-Time Funding dated October 10,2003; and 4) the approved 2003-04 Funding Recommendations and Contingency Plan. Detailed summary sheets are available from the Human Services Division office if you would like specific contract performance information on each program. Last year the Council approved the two-year allocation plan, with the understanding that the second year funding (for 2004) is contingent upon satisfactory contract performance and upon City funding available. When the City Council approved the use of the two-year funding cycle, they directed the Commission to conduct a mid-biennium review of agency contract performance. The purpose of the Commission's review was to evaluate agency contract performance and recommend for each program whether funding for 2004 should continue at the allocated level, or if the program's funding should be decreased in the case of unsatisfactory contract performance. The other part of the mid-biennium review process is to review options for one-time funding for 2004. The Council has allocated $412,500 human services general funds for each year of the 2003-04 biennium. In addition, a small amount ofone-timè funds is available each year. Sources of one-time funding include: employee and defendant donations to the Human Services fund and unspent portions of previous year human services contracts. The estimated amount of one-time funds available for 2004 is between $41,426 and $48,926, compared to $42,338 for 2003. Process Used to Evaluate Aaency Contract Performance The Commission conducted the mid-biennium review of 2003-04 contracts at our September 1 ~-\ and October meetings. The Commission reviewed individual reports on each of the 36 Human Services funded programs. The contract performance review included evaluating program performance in three areas: 1) how agencies were performing on the. contract goals for the number of service units provided (i.e. number of Federal Way residents served, number of counseling hours provided); 2) how agencies were progressing in developing outcome evaluations for their programs which measure the results and effectiveness of services; and 3) general agency operation. (See Attachment 2, Review Criteria for more detail.) In September, the. Commission began the evaluation of contract performance for the 36 human services funded programs. The recommendation options the Commission used Vlere to maintain the 2003 allocation level due to satisfactory contract performance, decrease the 2003 allocation level due to unsatisfactory contract performance, and to recommend for 2004 one- time funding as available. In October, the Commission continued the evaluation contract performance, prepared the 2004 one-time funding plan, and finalized the recommendations for transmittal to the City Council. Comm~ecommen~ations Regardjng2003 Base Fund~ Of the 36 programs being funded by the City in 2003, the Commission is recommending that thirty-five programs be maintained at the 2003 allocation le\el because they are performing well on their contracts. The Commission's evaluation found that the majority of the programs funded by the City are on track to meet or exceed the annual contract goals; are developing evaluations for their programs that focus on effective results for clients; and are running smoothly administratively. The Commission is recommending that one agency, Aubum Youth Resources, contract be tenTIinated for 2003/2004 based on diminished performance and a significant reduction in meeting performance outcomes. Ho\Never, in their recommendation, the Commission is providing an opportunity for Auburn Youth Resources to amend their original application they submitted to the City in 2002 to be re-considered for 2004 funding based on a set of revised program and performance measures. If Auburn Youth Resources successfully submits an amended application that address the Commission's concems, the Commission could recommend that the agency receive its 2004 allocation award of $11,690. This recommendation would then come forward as a separate action item for the Council Committee's review at a future meeting. Because this is a unique matter, I would refer you to Attachment 3, 4 and. 5, Wlich provides you with additional information regarding this issue. Commission's Recommendations Regarding 2004 One-Time Funding ($41,426 - $48.926) Each year, a small amount of one-time Human Services funding becomes available, over and above the Human Services Fund base. Due to the sources of these funds, the specific amount cannot be predicted during the biennial allocation process. For this reason, the Commission recommends a one-time funding plan so that the one-time fund can be used as they become available. Sources of one-time funding include: employee and defendant donations to the Human Services fund. and unspent portions of previous year human services contracts. The estimated amount of one-time funds available for 2004 is between $41,426 and $48,926, Vtlith approximately $35,000 coming from defendant donations. During the first quarter of 2003, City prosecutors include certain provisions in their plea negotiations to address the impact of criminal conduct onthe community. Defendants with no criminal history are permitted to make a donation to the Citÿs Human Services Fund, along with conditions relating to the specific crime charged (i.e. alcohol/drug awareness or domestic violence treatment). In preparing the 2004 one-time funding recommendations, the Commission reviewed the original 2003-04 human services funding recommendations and contingency plan, the 2003-04 allocations 2 X-2- approved by the City Council, and the 2003 one-time funding plan approved by the Council. In addition to the 36 human seNices programs that received 2003-04 funding, Catholic Community Services (Children's DV Program), and the Federal Way Community Caregiving Network (Transitional Shelter) received 2003 one-time funding only. They did not receive a regular allocation for 2003-04, but were awarded 2003 one-time funding. The Commission reviewed the contract performance of these programs as well and recommended 2003 one-time funding for these programs as it became available. At the time ~en my October 10th Memo to the Human Service Commission was presented, (Refer to Attachment 6), the Children's Therapy Center is identified as having received funds in 2003. After researching the matter, thè Children's Therapy Center did not in fact receive funding, which means the total one-time donations available in 2003 was $42,338 not $47,339 as stated in the Memo. The Commission reviewed the original 2003-04 contingency plan, and added the following caveat, to discontinue Aubum Youth Resources one-time funding award of $3,310. The original 2003-2004 Funding Recommendation included three phases in addition to the base amount of funding. The original funding recommendations indicated an amount of $445,838, which includes Phase I and Phase II. Phase III, listed beloVl( represents an additional amount of $14,000 in priority order. These final projects are expected to be implemented as they are fully funded. Refer to the Attachment 7, \/\hich describes the approved 2003-2004 Funding Recommendations and phased contingency plan. (- - - - - - .-- - -- - ------ - - - - - - - - -. -- ---- -- -- -. -- -- - - - - -. -. - - - - - --. - -- - --- - -- -. -- -- --- - -- -.- - - - - -- - - - _. - - - - -. - -- - - - - - - - - - - - -- -- - --; ¡ Human Services Commission Recommendations for 2004 One-Time Funding ¡ ¡ (In priority order) ¡ I I i i ¡ Agency/Program Request 2003-04 2004 Ree. 2004 i ! Allocation One-Time Total ¡ i 1) King County Sexual Assault Center ¡ ! Comprehensive Sexual Assault Servo $ 35,000 $30,000 $ 5,000 $35,000 ¡ ¡ 2) Catholic Community Services ¡ ¡ Children's DV Program $ 2,000 $ 0 $ 2,000 $ 2,000 ¡ i 3) FW Community Caregiving Network ¡ ¡ Transitional Shelter $ 4,000 $ 2,000 $ 2,000 $ 2,000 ! ¡ 4) Children's Therapy Center ¡ ¡ Therapy Assistance $10,000 $ 0 $ 5,000 $ 5,000 ¡ I I j i t .!9.!~~- ~~.~~ _Q~~-:.T! ~-~ - ~~~!>.!~~ _~~~9!'!1_~~ ~~~ !J9- f::'.~. - -- - - - -. -~~-~! !>.~~ - - - - -- - - --. - - -. - - - - - - -. -- -.- i Summary The Commission is confident that the 2004 allocations and recommended one-time funding plan address the most critical needs in Federal Way and the City Council's four funding priorities for human s~rvices - basic needs, public safety, self-sufficiency and independence and strong neighborhoods. I look forward to discussing the 2004 Mid-Biennium Review and One-time Funding Recommendations with you at your November 10,2003 meeting. If you have any questions about the recommendations before your meeting, please contact me at 253-661-4039. 3 7--3 Committee Recommendation 1. I move to approve the Human Services Commission's recommendation to maintain the 2004 allocation levels for 36 Human Services funded projects, with the exception that Auburn Youth Resources (A YR) will only receive a 2004 award of $11 ,690, contingent upon Commission/Council approval of an amended application from the agency.. The Mid-Biennium 2004-allocation item is to be fOrwarded on to full City Councilfor their review on November 18, 2003 and the Commission/Council approval of an amended A YR application will be forwarded as a separate action item for the Council Committee's review at a future meeting. APPROVAL OF COMMITTEE REPo~i: ,; .:' ':'".' .. . Committee Chair Committee Member , .. " Com~ittee. ""ember 4 J-L{ " . . TACHMENT 1 CITY OF FEDERAL WAY 2003-2004 HUMAN SERVICES GENERAL FUNDING AGENCY PROGRAM COUNCIL 2003 FUNDING STAFF RECOMM. COMMISSION STRATEGY Includes OTF if 2004 FUNDING RECOMM. applicable 2004 FUNDING COUNCIL GOAL #1 BASIC NEEDS Catholic Community Services After-Hours Voucher ShelterslTransitional $5,000 Maintain Maintain Program Housina Catholic Community Services Emergency Assistance ShelterslTransitional $5,000 Maintain Maintain Housina Community Health C'enters Dental Care Health & Dental $15,900 Maintain Maintain Community Health Centers Medical Care Health & Dental $31,509/$318 Maintain Maintain ($31,827) Emergency Feeding Program Emergency Feeding Food & Clothing $7,183/$617 Maintain Maintain ($7,800) FW Community Caregiving Emergency Shelter ShelterslTransitional $13,285/$1,715 Maintain Maintain Network Housina ($15,000) Federal Way Senior Center Adult Day Care/Nutrition Senior Meals/Adult $11,643/$858 Maintain Maintain care ($12,500) FW Community Caregiving Transitional Shelter ShelterslTransitional $2,000 Maintain OTF Maintain OTF Network Housina The Joseph Foundation Noyes Transitional Home ShelterslTransitional $3,000 Maintain Maintain Housina - Multi-Service Center Food and Clothing Food & Clothing $31,000 Maintain Maintain Multi-Service Center Shelter ShelterslTransitional $36,200 Maintain Maintain Housina Senior Services of Seattle-King Congregate Meals Senior Meals & $2657/$343 Maintain Maintain County Transportation ($3,000) Senior Services of Seattle-King Meals .on Wheets Senior Meals & $8,986/$575 Maintain Maintain County Transportation ($9,500) Senior Services of Seattle-King Volunteer Transportation Senior Meals & $5,288/$412 Maintain Maintain County Transportation ($5,700) TOTAL - GOAL #1 BASIC NEEDS $183,427 t-! l (p ATTACHMENT 1 CITY OF FEDERAL WAY 2003-2004 HUMAN SERVICES GENERAL FUNDING \-\ , ~ AGENCY PROGRAM COUNCIL 2003 FUNDING STAFF COMM. RECOMM. STRATEGY RECOMM. 2004 2004 FUNDING FUNDING COUNCIL GOAL #2 PUBLIC SAFETY ACAP Child and Family APPLE Parenting Prevention/Early $5,000 Maintain Maintain Services Intervention Auburn Youth Resources FW Teen Drop-In Center Prevention/Early $11,690/$3,310 Funding not Funding not Intervention ($15,000) recommended recommended including OTF. including OTF. Catholic Community Children's DV Program Intervention Services $2,000 Maintain OTF Maintain OTF Services Children's Home Society of Strengthening Families Intervention Services $5,000 Maintain Maintain WA Children's Therapy Center Therapy Assistance Intervention Services $0 If OTF available If OTF available recommend recommend funding. funding. Crisis Clinic Teen Link Prevention/Early $3,000 Maintain Maintain Intervention Birth to Three Development Family Services Support PreventionlEarly $19,000/$2,000 Maintain Maintain Center Intervention ($21,000) Domestic Abuse Women's Confidential Shelter Victim Assistance $15,000/$2,000 Maintain Maintain Network ($17,000) FW Boys and Girls Club Operating Support Prevention/Early $10,000 Maintain Maintain Intervention Institute for Family PACT/Counseling Prevention/Early $3,000 Maintain Maintain Development Intervention KC Sexual Assault Comprehensive Sexual Victim Assistance $30,000/$5,000 Maintain Maintain Resource Center Assault Services ($35,000) Korean Women's Domestic Violence Victim Assistance $7,000 Maintain Maintain Association Intervention/Prevention Proaram Valley Cities Counseling & Child & Family Counseling PreventionlEarly $35,000/$10,000 Maintain Maintain Consultation Intervention ($45,000) 2 . . AGENCY PROGRAM COUNCIL 2003 FUNDING STAFF COMMISSION STRATEGY Includes OTF if RECOMM. RECOMM. applicable 2004 FUNDING 2004 FUNDING Valley Cities Counseling & Family Support Ctr - Intervention $5,000/$1,911 Maintain Maintain Consultation Laurelwood Gardens ($6,911) Valley Cities Counseling & Domestic Violence Victim Assistance $5,000 Maintain Maintain Consultation Treatment ProQram Valley Cities Counseling & DV Advocacy Services Victims Assistance $25,000/$5,000 Maintain Maintain Consultation ($30,000) TOTAL GOAL #2 PUBLIC SAFETY $209 911 Maintain COUNCIL GOAL #3 SELF-SUFFICIENCY Maintain ACAP Child and Family Subsidized Child Care Child Care Assistance $8,000/$2,000 Maintain Maintain Services ($10,000) Catholic Community Volunteer Chore Services Self-Sufficiency for $3,000 Maintain Maintain Services Taraeted Populations Pregnancy Aid of Seattle KC Pregnancy Aid Self-Sufficiency for $1,500 Maintain Maintain Taraeted Populations Multi-Service Center Literacy Program Employment Support $12,000 Maintain Maintain WA Women's Employment Computer Applications Employment Support $6,000 Maintain Maintain & Education WA Women's Employment Job Readiness Employment Support $17,500/$1,500 Maintain Maintain & Education ($19,000) TOTAL - GOAL #3 SELF-SUFFICIENCY $51,500 COUNCIL GOAL #4 STRONG NEIGHBORHOODS Crisis Clinic Telephone Services Collaboration & Strong $9,159/$840 Maintain Maintain Neighborhoods ($10,000) TOTAL - GOAL #4 $10,000 GRAND TOTAL $454,838 fACHMENT 1 ~ -J 3 ATTACHMENT 2 City of Federal Way 2003-2004 Mid-Biennium Review of Human Services Contracts Review Criteria The review of each program summarizes the Human Service Grantee's performance in the areas of outputs, outcomes and agency administration. Below is the criteria each agency should achieve in three specific areas. Outputs (Quantity of services delivered) . Based on the agencies second quarter report, agencies should demonstrate they are near 50% of their annual goal. . Agencies who are less than 50% of their goal will have a solid rationale for being behind and an. action plan for meeting remaining annual goals. . Agencies that were funded in past years, their contract performance of the previous full year will be taken into account. (I.e. if an agency is behind in meeting contract goals, is this the first time they've been behind or do they have a history of being. behind?). Outcomes (Is the program making a difference)? . The agency is collecting and reporting outcome data to the City. . The agency uses clear indicators and appropriate measuring tools to document progress toward outcomes. . If the agency is not using clear indicators, the agency has revised their outcomes, indicators, tools, and data collection methods to accurately report whether they are making progress toward achieving their outcomes. . The agency reports results that can demonstrate whether measurable differences have occurred. Agency Administration . The agency complies with City contract requirements, including submission of timely and accurate qùarterly reports. . The agency appears to be running smoothly, without major organizational capacity issues (i.e. turnover) or negative program changes. . The City has received no complaints about the program's services. J-~ A IT ACHMENT 3 AUBURN YOUTH RESOURCES - CONTRACT TERMINATION Backaround Auburn Youth Resources (AYR) was awarded a 2003-2004 $15,000 grant in support of their Teen Drop In-Center Program. During the course of the contract, AYR's 2003 second quarter report specified that the agency was having trouble meeting their expected goals for their case management and skill building areas. This is primarily due to the fact that the agency has utilized a blended funding approach that combined funding from several sources to maintain their Homeless Youth Program and the Teen Drop-In Center was a part of this overall program. During the first half of the year, A YR was directed by its major funding source to focus their efforts strictly on the homeless youth noted in their program. This shift in focus caused A YR staff to redirect their work load from spending hours on providing case management and skill building services to Federal Way youth to homeless and runaway youth near Sea-Tac and north of Pacific Highway 99. AYR has successfully used this blended funding concept in its Federal Way programs in the past and the redirection by its major donor was unexpected, and was not anticipated when the goals were developed for this years contract. Auburn Youth Resources (AYR) staff was asked to respond to a set of questions in preparation for the Commission's September 15th meeting. Refer to Attachment 4 that identifies A YR's response. At the September 15th meeting the Commission met with A YR staff and expressed their concerns that the agency did not specifically respond to their questions. At the meeting, A YR was directed by the Commission to submit an amendment that would explain how the decrease in skills building and case management hours would not change the scope and level of services provided to the teens being served at the Teen Drop-In Center. Unfortunately, AYR's amendment did not address these issues. Attachment 5 is a copy of the Amendment letter. Recommendation to terminate A YR's Contract On October 20, 2003, the Federal Way Human Services Commission recommended termination of the Auburn Youth Resources contract for 2003/2004 based on diminished performance and a significant reduction in meeting performance outcomes. The Commission further recommended that Auburn Youth Resources may amend the original application submitted to the City to be considered for funding in 2004 based on a set of revised program and performance measures. However, the grant award that Auburn Youth Resources could receive will be $11,690 because the Commission recommended, in its 2004 One-time Funding Plan, to discontinue funding Auburn Youth Resources one-time funding award of $3,310. With the termination of the contract, Auburn Youth Resources will have a balance of $7,500 remaining in the contract that will be carried over into 2004. These funds have the potential to be available for other human service agencies currently being funded by the City. This was a difficult decision for the Commission to make. However, they are allowing Auburn Youth Resources the opportunity to amend their original application in order to be considered for funding in 2004. 7-4 ATTACHMENT 3 It is also important to point out that in Auburn Youth Resources contract, there is language that gives authority to the City Manager to terminate the contract any time with or without cause. Since the City has never used this authority in the past, staff felt the Council should be briefed on the action before termination proceedings commence. I look forward to discussing the Commission's recommendation with you at your November 10, 2003 meeting. If you have any questions about the recommendations before your meeting, please contact me at (253) 661-4039. 2 "J-Jo ,4-H-q G,h ~+ if What can the City expect A YR to provide in services for the remainder ofthe year? We expect to beat or above our target relative to number of undtiplicated youth served (35), however we do not expect be able to reach the targeted hours for Case Mànagement and Skill Building. Does A YR have a recovery plan/strategy and timeline that is in place (or wiU be in place) to reach the project/stated goals? As noted we wiU be able to reach our goals in the area of number of unduplicated Federal Way youth served. It will not be possible to meet the goals we had hoped for in the case management and skiU building areas. Based on your staff analysis, what are the preliminary numbers for the 3rd quarter report? Has the Teen-Drop in Center been able to help more teens or are the numbers similar to last quarter? We expect the trend established during the first half of the year to deteriorate somewhat into the third quarter. Our estimate is that year to date youth served wiU be 30 unduplicated youth served, case management hours will be 80 and skill building hours of approximately 60 can be expected year to date at the end of the third quarter. During the first half of the year, the building that is used for the drop-in center has been vandalized and the other tenants of the facility have insisted that substantial changes in our program be made including removing the basketball hoop outside the center. While we have determined that none of the youth connected with our program were involved in the vandalizing the facility, this situation has resulted in reduced youth visiting the facility. In addition, the circumstances noted below are impacting our staffing the hours available for case management and skill building. While the number of youth being served is on target the hours that are projected for case management and skill building are expected to be substantially lower than we had hope for. In looking at the future of serving FW at-risk teens, what is A YR's strategy for continuing to serve at-risk or homeless teens in the area? Auburn Youth Resources has been and continues to be committed to serving at- risk and homeless youth in the Federal Way area. In fulfilling this commitment we have utilized a blended funding approach that combines funding ITom several sources to maintain a total approach to youth in the area. This has been a well- accepted approach to non-profits such as A YR in funding ongoing operating expenses. During the first half of the year we have received extreme pressure from the major funding source of the Federal Way program to focus strictly on the homeless :[--11 . . youth noted in their program. This has necessitated that staff be redirected from the hours spent providing case management and skill building services to Federal Way youth to only homeless and runaway youth in the Hiway 99 corridor. We have utilized this blended funding approach at Federal Way for many years and the pressure to revise this concept was unexpected and was not included in development of the goals contained in the contract proposal for this year. Is A YR considering to switch its focus from serving at-risk teens at the Teen-drop in center to conducting outreach? The refocusing of our program has been necessitated due to completely unexpected requirement by our major funding source. We are carefully reviewing our long-term strategy to develop a plan and an approach that will allow us to focus on both homeless and at-risk youth in the Federal Way area. This dual approach will require substantial funding increases in funding particularly directed toward services aimed at-risk youth. ' Ethically, why would A YR use other restricted sources of funds to help subsidize the Teen-Drop in Center? As noted, the approach behind the blended funding concept is that several sources of funds are used to fund an overall program. This approach is utilized by A YR in many of its programs and has been and continues to be a very appropriate approach to funding ongoing expenses. This approach was noted in our 2003 Human Services General Fund application to Federal Way. Has A YR been able to raise other funds to run the Teen-Drop in Center program? Yes, for the 2003 year we requested and received funding from United Way as well as the city of Des Moines to support the program based in Federal Way. While this is new funding, our attempts to obtain funds from other sources for this program have been unsuccessful. Will A YR staffbe in a position to focus their efforts on the Teen-Drop in Center? Does the agency have the staffresources to successfully do this? With the refocusil1g of staff into the outreach area, we are currently limited in staffing specifically targeted to the drop in center as well as service hours on a per youth basis. The funding from the city covers approximately one-fourth FTE for staffing at the facility. The contract regarding the outreach program expires during 2004 and our lease at the current drop-in location also expires next year. We plan to put together a team consisting of A YR staff, other personnel interested in our programs to develop an approach that makes sense to serve homeless and at-risk in the Federal Way area. A major aspect of this study will include whether or not sufficient funding can be -:¡-/2- committed to developing and maintaining a successful program aimed at at-risk youth in the Federal Way area. At the conclusion of this analysis we wi]) be in a position to speak effectively to this concern. :r~ J3 " JH-~ úA men +, 5 ~ A YR RLsourœs Joï (j°uth ænd famiÜes 816 F Street SE . Auburn, Washington 98002-6121 phone: (253) 939-2202 . fax: (253) 735-1894 September 30, 2003 Angelina Allen-Mpyisi Human Services Manager City of Federal Way 33530 1 st Way South Federal Way, W A 98063-9718 .' RECEIVED BY COMMUNrTY DEVELOPMENT ~t::P^ P"" ....,,~ OCT 06 2003 .j~;¡J~---,..,.,:~~<;""_..:-",,...r-. -:-... :",+11' Dear Ms. Allen-Mpyisi, We would like to thank you and the City of Federal Way Human Services Commission for the opportunity to allow us to address your group and answer questions pertaining to Auburn Youth Resources' contract we have with the City of Federal Way for our Teen Drop In Center. You asked that we write a letter to request an amendment to our present contract that would more clearly reflect the number of case management hours and skill building hours A YR staff would be able to provide to Federal Way youth. Our present 2003-2004 contract with the City of Federal Way reads that the 'Annual Service Units Planned' for Case Management Hours = 250 and Skill Building Hours = 375. We request that you amend our contract to read that the 'Annual Service Units Planned' for Case Management Hours = 80 and Skill Building Hours = 60. We request that the. Annual Service Units Planned' for Unduplicated Number of Federal Way Clients Served remain at 35. . Please let us know how we can be of further assistance to you and the Human Services Commission on this matter. Sincerely, ~ b? r~ James F. Blanchard Executive Director 253-804-8428 T~~kA~ Terri P. Rodman, Ed.D, LMHC Director of Residential and Outreach Services 253-804- 2652 J:-/Lj M8f ATTACHMENT 6 ~ CITY OF ~ Federal Way MEMORANDUM DATE: October 1O, 2003 ~ TO: Human Services Commission FROM: Angelina Allen-Mpyisi, Human Services Manager SUBJECT: Mid-Biennium Review - One Time Funding Plan Background At our September 15, and 29th meetings, the Commission evaluated the contract performance of 37 Human Services funded programs. The Commissions evaluation found that the majority of the programs funded by the City are on track to meet or exceed their annual contract goals. For the October 20, 2003 meeting, the Commission moves into the final phase of the Mid- Biennium Review to discuss the various options laid out for the 2004 one-time funding plan, which will be presented to the Council with the Mid-Biennium Review recommendations. This Memo provides information on the purpose of the one-time funding plan, a summary of the estimated funds available and several options for the Commission to choose from in developing the plan. Each year a small amount of one-time Human Services funding becomes available, over and above the Human Services base funding. Due to the sources of these funds, the specific amount cannot be predicted during the biennial allocation process. For this reason, the Human Services Commission recommends a one-time funding plan, so that the one-time funds can be used as they become available. Sources of one-time funding available for 2004 include employee and defendant donations. As of September 30,2003, $26,075 has been collected in defendant donations and the estimated amount that is expected to be available by the end of this year is approximately $35,000. Employee donations are currently at $5,007 and we are expected to receive another $1,419 by the end of the year for a total of $6,426. The total approximate amount that is expected to be available is: Defendant Donations Employee Donations Total $35,000 $ 6.426 $41,426 Comparing this to last year's donations, which totaled $47,339, there is a difference of ($5,913) that is not available for funding in 2004. When the Commission prepared the 2003 one-time funding recommendations last year, a . 2003-2004 allocation and one-time funding plan was reviewed. The Commission noted that there were several programs in the original base plan of $412,500 that either did not get funded to the full recommendation level or did not receive funding. The Commission recommended 7-15 ATTACHMENT 6 that one-time funds for 2003 be allocated in three phases so that when one-time funds became available, agencies could be funded at their full levels or receive funding. Based on the 2003 one-time funding plan, the following agencies received one-time funding in 2003. Agency Program Human Employee/Defendant Phases Total Services Donations when one- Funding General time funds Award Fund were received King County Comprehensive $30,000 $5,000 3 $35,000 Sexual Assault Sexual Assault Resource Services Center1 Catholic Children's DV $ 0 $2,000 3 $2,000 Community Program Services2 Federal Way Transitional $ 0 $2,000 3 $2,000 Community Shelter Caregiving (FUSION) Network3 Children's Therapy $ 0 $5,000 3 $ 5,000 Therapy Center4 Assistance .. Community Medical Care $31,509 $ 318 .1 $31,827 Health Centers of King County Emergency Emergency $ 7,183 $ 617 1 $ 7,800 Feeding Feeding ProQram FW Community Emergency $13,285 $1,715 1 $15,000 Caregiving Shelter Network FW Senior Adult Day $11,643 $ 858 1 $12,500 Center Care/Nutrition Senior Services Congregate $ 2,657 $ 343 1 $ 3,000 of Seattle/KC Meals Senior Services Meals on $ 8,986 $ 515 1 $ 9,500 of Seattle/KC Wheels Senior Services Volunteer $ 5,288 $ 412 1 $ 5,700 of Seattle/KC Transportation Auburn Youth Teen Drop-In $11,690 $883/$2,427 1 and 2 $15,000 Resources5 Center 1 King County Sexual Assault Resource Center was listed as the first priority in Phase 3 to receive one-time funding. 2 CCS listed as the second priority in Phase 3 to receive one-time funding. 3 Federal Way C.C. Network listed as the third priority in Phase 3 to receive one-time funding. 4 Children's Therapy Center listed as the fourth priority in Phase 3 to receive one-time funding 5 AYR received $883 in Phase 1 and $2,242 in Phase II for a total of $3,310 in one-time only support for 2003. 2 -:¡:-/~ ATTACHMENT 6 Agency Program Human EmployeelDefendant Phase Total Services Donations when one- Funding General time funds Fund were received Birth to Three Family Services $19,000 $2,000 2 $21,000 Developmental Center ,/ Domestic Abuse Advdcacy, $15,000 $2,000 2 $17,000 Women's Shelter and Network Outreach Valley Cities Child & Family $35,000 $10,000 2 $45,000 Counseling and Counseling Consultation . Valley Cities DV Advocacy $25,000 $5,000 2 $30,000 Counseling and Services Consultation Valley Cities Family Support $5,000 $1,911 2 $6,911 Counseling and Center - Consultation Laurelwood Gardens ACAP Child & Subsidized $ 8,000 $2,000 2 $10,000 Family Services Childcare WWEE Job Readiness $17,500 $1,500 2 $19,000 Crisis Clinic Telephone $9,159 $ 840 1 $10,000 Services . Total $255,900 $47,339 $303,239 As was earlier stated the amount of one-time funding available for 2003 was higher than is expected for 2004, which means there will be some agencies that will not receive one-time funding next year. Options for the Commission to consider As you review the options below, keep in mind that the Commission can choose one option or a combination of the options in preparing your recommendation for allocating 2004 one-time funds. Option 1 - Reduce Funded Programs based on Priority Order Assuming there will be $41,426 available from employee/defendant donations by the end of the year, the Commission will want to consider reducing funded programs by ($5,913) based on priority order in Phase III. The following programs that were funded in 2003 will be impacted in 2004: 2004 Reduction in 2004 Adjusted levels Proposed Funding Award Phase III Funded Programs (Reduced in Priority Order) Children's Therapy Center $5,000 ($5,000) $0 Federal Way Community Caregiving $2,000 ($ 913) $1,087 Network Transitional Shelter (FUSION) TOTAL $7,000 ($5,913) $1,087 3 :J-~ I ATTACHMENT 6 Option 2 - Reallocate Auburn Youth Resources funding to another program If the Commission decides to recommend that Auburn Youth Resources grant award is reduced by $5,000, (refer to the Amendment in your packet, Options 2, page 4-1), the agency will lose its one-time funding of$3,310 and $1,690 from the Human Services General Fund. Assuming we will receive $41,426 in employee/defendant donations by the end of the year, $3,310 is added back to the one-time only fund and the amount that becomes available for 2004 is' $44.736. If the Commission considers this option, the Children's Therapy Centers funding will be reduced by ($2,603) and the Federal Way Community Caregiving Network's Transitional Shelter program will not be reduced. III t t 0 f 2 us ra es Jptlon 2004 Reduction in 2004 Adjusted levels Proposed Funding Award Phase III Funded Programs (Reduced in Priority Order) Children's Therapy Center $5,000 ($2,603) $2,397 Federal Way Community Caregiving $2,000 ($ 0) $2,000 Network Transitional Shelter (FUSION) TOTAL $7,000 ($2,603) $4,397 Option 2A - Reallocate Human Services Funding, reduce one-time funding by $913.00 There would still remain $1,690 in the Human Services General Fund. Because there is still a shortfall of ($2,603), the Commission may want to consider re-allocating the $1,690 from the Human Services General Fund to the Children's Therapy Center and reduce their one-time award by $913. III t t 0 f 2A us ra es 'pHon 2004 Reduction in 2004 Adjusted levels Proposed Funding Award Phase III Funded Programs (Reduced in Priority Order) Children's Therapy Center $5,000 ($913) $4,0876 Total $5,000 ($913) $4,087 Staff recommendation . Staff recommends that the Commission maintain 2003 allocation levels for all the 37 Human Services funded projects in 2004 and adopt a one-time funding plan based on the options proposed. Proposed Motion(s): I move to recommend that the 37 Human Services funded projects maintain 2003 allocation levels in 2004 and recommend approval of Option 1 - Reduce Funded Programs based on 6 The 4,087 is a combination of $1 ,690 from the Human Services General Fund and $2,397 in one-time only funding. 4 ~--l ~ ATTACHMENT 6 priority order, that are reflected in the one-time only funding plan. Refer to Attachment A. I further recommend that staff is given the discretion to modify the proposed one-time funding plan in the event the expected Employee/Defendant Donation levels are not collected based on initial financial projections. Staff will select from a combination of the options presented at the October 20,2003 meeting. To anticipate if the Commission recommends a reduction in Auburn Youth Resources funding award, based on Option 2 of the Amendment (page 4-1), the following proposed motion would apply: J move to recommend that 36 Human Services funded projects maintain 2003 allocation levels in 2004 and recommend approval of Option 2 - Reallocate Auburn Youth Resources One- Time and/or Human Services funding to another program? I further recommend that staff is given discretion to modify the proposed one-time funding plan in the event the expected Employee/Defendant Donations are not collected based on initial financial projections. If you have any questions prior to the meeting, please call me at (253) 661-4039 or a nQeli na. allenm pyisi@citvoffederalwaY.orQ. 7 The one-time only plan would be revised to reflect the funding adjustment. 5 7---/1 Attachment 7 City of Federal Way Human Services Commission General umt Agency Program 2001 Funding 2002 Funding 2003..04 Request .CIty funds .412.500 Goal #1 - BasIc Needs Employee DonationslDefendant Phase 'Phase" Addt'lFunds AddflFunds $6,500 $26,838 2003-2004 FUNDING RECOMMENDATION "Fundlng Recomm. Phase III AddflFunds $14,000 Phase III Prlorltlz. Catholic Community Emergency Assistance $5,000 $5.000 $5.000 $5,000 $5,000 Services Catholic Community After-Hour Vouchers $5,000 $5.500 $5,000 $5.000 $5,000 Services Catholic Community Katherine House $5.000 $0 $0 Services Community Health Centers Dental Care $15.450 $15,450 $15,915 $15,900 $15,900 of Kino Countv Community Health Centers Medical Care $30.900 $30,900 $31.827 $31,509 $318 $31,827 of Kina Countv Emergency Feeding Emergency Feeding $5,000 $5,000 $7.800 $7,183 $617 $7,800 proaram Federal Way Community Emergency Shelter $10,000 $15,000 $15.000 $13,285 $1,715 $15,000 Careaivina N"twork Federal Way Community Transitional Shelter $4,000 $4,000 $4.000 $0 $0 $2,000 #3 Careolvino Network (FUSION) Federal Way Senior Center Adult Day CareINutrition $25,000 $11.643 $858 $12.500 The Joseph Foundation Noyes Home $3,000 $3,000 $3,000 $3,000 $3,000 Senior Services of Congregate Meals $1,650 $1,650 $3,000 $2.657 $343 $3,000 SeattlelKC Senior Services of Meals on Wheels $8.000 $10,000 $9,500 $8.986 $515 $9.500 Seattle/KC Senior Services of Volunteer Transportation $4,500 $5,500 $5.715 $5.288 $412 $5.700 Seattle/KC SKC Multi Service Center Food/Clothing Bank' $30.000 $30.000 $31,000 $31,000 $31,000 SKC Multi Service Center Shelter $35,000 $35,000 $36,200 $36,200 $36,200 TOTAL. Goal #1 $157,500 $166,000 $202,957 $176,650 $4,777 $0 $181,427 $2,000 -. Goal #1 Threshold. 37% of available funds (Based on $412,500 .. $152,625) QAuôeA" 11/ndl?nn~ ~ h Attachment 7 Agency Program 2001 Funding 2002 FUnding 200344 Request '~"" City of Federal Way Human Services Commission 2003.2004 FUNDING RECOMMENDATION Phase III Addt' Funds $14,000 Phase 1\1 Priorltiz. Phase I II Phase II Addt' Funds Addt" Funds $6,600 $26,838 .City funds $412,500 Goal #2 . Public Safety ACAP Child & Family APPLE Parenting $5.000 $5,000 $10,000 Services Aubum Youth Services Teen Drop-In Center $10,000 $10.000 $20,000 Birth to Three Family Services $19,000 $19.000 $24,400 Develonmental Center Catholic Community Children's DV Program $2,000 Services Children's Home Society of Strengthening Families $26.276 WA Children's Therapy Center Therapy Assistance $10,000 Crisis Clinic Teen Link $3,000 Domestic Abuse Women's Advocacy, Shelter & $15,000 $15,000 $17.000 Network Outreach Elderhealth Northwest Adult Day Health $3.000 $3.000 N/A Federal Way Boys & Girls Operating Support $15,000 $15,000 $20,000 Club GriefVllorks GriefT"alk $10,000 Institute for Family PACT/Counseling $3,000 $3.000 $24.061 DeveloDment King County Coalition SKC DV Svc. System $15.000 Anainst DV Planner King County Sexual Assault Comprehensive Sexual $30,000 $30,000 $35,000 Resource Center Assault Services Korean Women's DV Counseling & $5,000 $8,000 $8,000 Association Intervention Valley Cities Counseling & Child & Family Counseling $58,000 $58,000 $75.000 Consultation Valley Cities Counseling & Family Support Ctr. - $10,000 $10,000 $15,000 Consultation Laurelwood Valley Cities Counseling & Domestic Violence $9.000 $9,000 $15,000 Consultation Treatment Pronram Valley Cities Counseling & DV Advocacy Services $27,000 $32,000 $30,000 Consultation TOTAL. Goal #2 $209,000 $211,000 $359,131 , '.'-"---- "Funding Recomm. $883 $883 #2 #4 #1 rJ l \i $5,000 $15,000 $21,000 $0 $5,000 $0 $3,000 $11,000 $0 $10,000 $0 $3,000 $0 $30,000 $7,000 $45,000 $6,911 $5,000 '. $30.000 $202.911 $2,000 $5,000 $5.000 $12,000 $5,000 $11,690 $19,000 $0 $5,000 $0 $3.000 $15.000 $0 $10,000 $0 $3,000 $0 $30,000 $7,000 $35,000 $5,000 $5,000 $25,000 $118,690 $2,427 $2,000 $2,000 $10.000 $1.911 $5,000 $23,338 .. ..." . . ,.."'.. H ...----.., ..H .,.. .........-- . ,'O'"""-,,,,-,,--,"~">"'---'H--"'-"-""""^"" 'u""" Attachment 7 Agency Program 2001 Funding 2002 Funding 2003.()4 Request City of Federal Way Human Services Commission QÐlty Hhase I fu d AddflFunds n . .$6,500 Pha.. II Addt'/Funds $26,838 Goal #3 - Self Sufficiency & Independence ACAP Child & Family Subsidized Childcare $8,000 $8.000 $10,000 Services Catholic Community Volunteer Chore $3.000 $3,000 $3,000 Services Center For Career Low Tech / High Wages $21,172 Altematives Initiative KC Office of Regional Policy KC Jobs Initiative $20,000 & Planninn Pregnancy AId of Seattle KC Pregnancy AId $5.000 SKC Multi-Service Center Literacy Program $12,000 $12,000 $13,500 WNEE Computer Application $6 ,000 $6,000 $6,000 WNEE Job Readiness $17,500 $17,500 $19,000 TOTAL -Goal #3 $46,500 $46,500 $97,672 $0 $8,000 $3,000 $0 $0 $1,500 $12,000 $6,000 $17,500 $48,000 $2,000 $1,500 $3,500 Goal #4 - Community Based Collaborations & Strong Neighborhoods Child Care Resources Child Care R & I $10,000 Crisis Clinic Telephone Services $4.000 $4,000 $10,000 PageAhead Children's Literacy Program $15,000 Ukrainian Community Center Community Advocacy Prog. $10,000 ofWA World Vision KidREACH Tutoring $7,000 $7,000 $13,000 TOTAL. GOAL #4 $11,000 $11,000 $58,000 $0 $9.159 $0 $0 $0 $9,159 $840 $840 $0 2003-2004 FUNDING kc~OMMENDA TION '",x-:. Pha.e III Add!" Funds $14,000 "Funding Recomm. Phase III Prioriti%. $0 $10,000 $3,000 $0 $0 $1,500 $12.000 $6,000 $19,000 $51,500 $0 $10,000 $0 $0 $0 $10,000 $0 I I GRAND TOTAL: I $424,000 I $440,500 I . $718,366 III $412,500 U $6,500 II $26,838 II $445,838 II $14,000 I .Council appropriated funding level "Additional funds from Employee donations and defendant deferrals -, Revised 11/0412003 .---- - ...- ... ~ M