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PRHSPSC PKT 05-09-2005 CÜy of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAF:ETYCOMMITT]j}]j} Monday, May 9, 2005 5:30p.m. CityJ-IaJJ llylebos Conference Room 1. 2. CALL TO ORDER PUBUC FORUM A. Federal Way Amateur Radio Club Presentation 3. 4. COMMISSION COMMENTS APFROY AL OF APRIL 11,2005 SUMMARY COMMITTEE BUSINESS 5. A. Park Maintenance Contract Action Ikerd B. Northwest Parks Foundation - Parks Safety Net Fund Mgmt. Action Faber C. Capital Fundraising Campaign Proposal for the new Community Center Action Faber D. Amend 2005 CDBG Al1ocation to Federal Way Community Center for Senior Nutrition & Health Improvement Project Action O'Donnell E. Direct COBG Entitlement Update Update O'Donnell F. Federal Equitable Sharing Agrcement Renewal Action Kirkpatrick 6. PENDING ]Tr~MS . Community Center . Armstrong Property . Thompson Property . Animal Control . Hylcbos Park . French Lak e Park 7. 8. NEXT MEETJNG - ,June 13,2005 - in the Hylebos Conference Room ADJOURNMENT ---------- ------ ------- 2005 Committee Members: Jeanne Burbidge, Chair Jack Dovey Jim Ferrcll Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant 835-6901 City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PlJßLlC SAFETY COUNCIL COMMITTEE Monday, April 11, 2005 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Jack Dovey, Deputy Mayor Koehmar, David Moseley, City Manager, Amy Jo Pearsall City Attorney, lwen Wang, Finance Director, Angelina Allen-Mpyisi, Human Services Manager, Donna Hanson, Director, Kurt Reuter, Park Operations Superintendent, Mary Faber, Recreation & Cultural Services Superintendent, Steve Ikerd, Property Services Manager, Rob Ettinger, Dumas Bay Centre Coordinator, Mary Jaenicke, Administrative Assistant. Guests: Bob Kellogg, CT. Purdom Parks and Recreation Commission, Bonnie Knight-Graves, Arts Commission. Chair Burbidge called the meeting to ordcr at 5 :31 p.m. PUBLIC FORUM Bob Kellogg: Mr. Kellogg asked when Animal Control and French Lake Park would be discussed at the Committee meeting. Chair Burbidge stated it would be on the agenda in Mayor June. Staff needs time to gather information to forward onto the committee. Council member Dovey would like to keep the two issues separate. One item is a policy issue, and the second item is a financial issue. COMMISSION COMMENT Bonnie Knight-Graves: Chair Graves stated that she would be checking in with the Council Committee more than once a year. She stated that it is important to seek direction. Ms. Knight-Graves stated that #2 of Ordinance 91-84 states that part of the Arts Commission responsibilities is to develop coordination with the schools and local, regional, and national art organizations. Ms. Knight-Graves wants the Committee to know that the Arts Commission was going to work very hard to have that outreach with the schools. Ms. Knight-Graves is also going to attend a State Alliance art workshop in Leavenworth. Ms. Knight-Graves stated that there is not a protocol on when the Arts Commission should wear their namctags. She encourages the Arts Commissioners to wear their badges anytime they leave home. APPROV AL OF SUMMARY Council members Dovey and Ferrell moved to accept the March meeting minutes as written. Motion passed. BUSINESS ITEMS City Hall Janitorial Contract Mr. Ikerd reported that he received bids from eight companies. World Custodial Inc. submitted the lowest responsive bid. References were checked and the public safety department conducted an extensive background check. The total amount of the compensation for the contract is $42,560.00, which ineludes $2,000.00 in additional services for a one-year term. If the janitorial company does not work out, then we can go to the next lowest bidder. The contract states that the City may terminate the Agreement immediately, with or without cause. Ms. Pearsall stated that if the Janitorial Specifications stay the same, we do not need to re-bid, and we do not need to give the new Company additional money. Council member Ferrell moved to approve the RFQ from World Custodial, Inc. and authorize staff to draft a one-year contract totaling $42,560.00, which includes $2,000.00 in additional services and place before City Council on April 19, 2005. Council member Dovey seconded. Motion passed. FUSION Ms. Allen-Mpyisi reported that in February FUSION notified staff that they had separated from the Federal Way Community Caregiving Network to become a 50Ic(3) nonprofit organization. Staff conducted a capacity assessment. Staff wanted to feel comfortable that FUSION would be able to manage the proposed grant funds. Staff sent FUSION a letter outlining the deficiencies of the program. These deficiencies would need to be addressed in order for FUSION to receive funding. Ms. Allen-Mypisi stated that FUSION has a very good track record in Federal Way. They have good support from their volunteers and the program is well managed. They also have a successful partnership with the YWCA. Funding is being recommended for fUSION because the demand for transitional housing continues to remain high. Six conditions have been identified for improvement if funding is to be continued. FUSION was very welcoming of the fact that these core pieces have been identified to help their organization run smoother. Thcv h:1Ve heen verv onf'.n to the City of Fenf'.ml WHY lookinp Ht thf'.ir onf'.rHtions Council mf'.mhf'.r P ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFKfY COlJNCIL COMMITTEK Monday April 11, 2005 Summary I)age 2 Ferrell stated that his wife is a volunteer with FUSION, but this should not be a conflict of interest. Deputy Mayor Kochmar stated that Council should start thinking about discussing Housing set-asides. Council member Dovey moved to recommend continued funding to FUSION through the Human Service General Fund in the amount of $5,000, subject to the conditions outlined, and forward to the full city Council and place this item on the April 19 consent agenda. Ferrell seconded. Motion passed. Dumas Bay Centre Caterinl! Ms. Faber reported Café Pacific notified the City that they would not be bidding on food services. They have opened a eafé/catering kitchen in Auburn. Staff issued an RFP in October 2004. No bids were submitted. Staff issued another RFP at the end of October 2004. These RFP's were mailed directly to caterers. They received one bid from Three Chicks Catering. Three Chicks Catering retracted their bid due to the expense it would take to improve the kitchen to better fit their needs to adequately opcrate their catering business. Staff restructured the RFP to allow more pricing flexibility and mailed it out to local caterers in February 2005. They received two bids: I) Porters Place of Tacoma, 2) Gordon's Catering of Federal Way. Hoth of the bids submitted stated they would not use the kitchen facilities, and food would be prepared off-site. Of the two bids Porter Place was the preferred caterer. Their overall their presentation was a better fit for what they arc looking for. Ms. Faber spoke with John Hatcher from Café Pacific and he suggested the City look into doing their own in house catering. Ms. faber stated that it comes down to provision of service. Staff is very concerned about the ofT-site catering and the potential lack of service. Ms. Faber stated that more revenue could be made with in-house catering. Council member Dovey is concerned that the Kitchen Manager position is not full time. Ms. Faber answered that there is currently a City of Federal Way staff person that is interested in the position. The initial startup cost would be $11,000. The $11,000 will come from the enterprise fund. Council member Ferrell moved to approve option 2, with authorization to hire lead kitchen staff and part-time food service assistants and servers, purchase $11,000.00 start up table service and equipment, and forward to City Council on April 19 for approval. Dovey seconded. Motion passed. Council member Hovey moved to amend the agenda and change Lake Killarney Gate Closure from an informational item to an action item. Ferrell Seconded. Motion passed. Lake Killarney Gate Closure Mr. Reuter provided Committee a brief history on the devclopment of J ,ake K illarney Park. The park was originally developed as a passive use open space neighborhood park. Problems with the park started in the Spring of2003. The park has been plagued by vandalism, illegal dumping, alcohol consumption, unlawful public exposure, and after hours trespassing. It has become a nuisance trying to keep the park safe and clean. Mr. Reuter would like to try a trial closure of the gate to Lake Killarney Park. Mr. Reuter has met with the neighbors, World Vision and Federal Way Police Department. They arc all in favor of a trial closure of the park entrance gate 24/7. This will not close the park, but it will prevent cars from entering the park, and hopefully eliminate some ofthe problems that occur at that park. Council member Ferrell moved to accept the recommendation of the Parks and Recreation Commission to approve the trial closure of the entrance gate to Lake Killarney Park. Dovey seconded. No further action is required. PENDING ITEMS - None ANNOUNCEMENTS ~None NEXT M"~KTlNG - May 9, 2005 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:36p.m. Parks/RecreationlHuman Services & Public Safety Committee City of Federal Way Federal Way City Hall 33325 8th Ave. S. Federal Way, Wi\.98003 Reference: Federal Way Amateur Radio Club Request for Assistance Dear Council Members Burbidge, Dovey, and Ferrell, As you are aware, the Federal Way Amateur Radio Club is an all volunteer organization providing emergency radio services to the greater Federal Way community. The club staffs and operates the Emergency Operations Center amateur radios. The club assists Police, Fire, Utility and School Districts in the event of activation in time of need. A vital link in this service is the radio repeater system, which allows all parts of the local community to communicate with the Incident Commander at the Emergency Operations Center. The Club operates three repeaters. It has formal leases with Lakehaeven Utility District for two of the repeaters. The third repeater is located on King County leased property outside the city limits on the communications tower located adjacent to Fire Station 61 in the Lakeland area. The Club has been actively trying to obtain a formal lease from King County since 1999, when the tower was constructed. In December of2004, King County changed the locks at the facility and has, thus far, declined to give the club reasonable access they need to maintain the equipment. The Federal Way Amateur Radio Club needs help from the City to maintain reasonable access to the site. Can you h~lp? The Club would like 10 minutes on the May 9, 2005 Agenda to discuss the issues and make a formal presentation to You. z~ Mark Freitas KE7 A YD 5.~ CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM - -----------------------------.. -------------------------------- DATE: TO: May 9, 2005 Parks, Recreation, Human Services and Public Safety Council Committee FROM: Stephen Ikerd, Property Services Manager VIA: David MOSÞkj~1~:lI1agcr Park Maintenance Contract SUBJECT: ----------- __nn- Policy Question Should the Council authorize acceptance of the Park Maintenance services RFQ from Myers Master l..awncare? ßack2round The city accepted quotes for Park Maintenance services for twelve sites. All companies on the small works roster were invited to participate. Four companies submitted quotes for services. Myers Master Lawncare submitted the lowest responsive bid. This company has perfonncd acceptable services for the city on previous contracts, Staff recommends accepting their bid and awarding them the contract for eight of the sites. Of the four remaining sites, one was awarded to another company due to a lower bid, one was old City Hall which services are no longer needed and staff will maintain the remaining two sites. The total amount of co,mpcnsation for this contract is $5 1,348.86 for a one-year tenn. Bid Summary A Request forProposals \\las_~~_I1!_to thcJ()I_!()~.æg~.æ anie~_?:1)g the ~_(;~ults arc as follows: Compan.x._- ------ Annual ratc Hourly rate M ers Master La~I1_care - -- 43,695.64 37.50 ßlue Sky Landscape______-,___~Q,339.39 38.0L______u Truqr_(;en ------------ 46,211.QQ~__-------.._-- 38.00 ~r~~_q~eener Incomplete bid - No bid * TruGrccn did not bid Wildwood Park, which was part of the package of s1tes. Options 1). Approve the Park Maintenance RFQ from Myers Master Lawncare and authorize staff to draft a one-year contract totaling $51,348.86 which includes $3500.00 in additional services and taxes and place before City Council on May 17,2005. 2). Decline staffs recommendation to enter into a one-year contract with Myers Master Lawncare. Committee Recommendation Forward Option 1 to City Council on May 17,2005 for approval. .. APPRO V AI, OF COMMJTfEEREPORT: ------------, Committee Chair Committee Member Committee Member i\-\ MAINTENANCE/LABOR AGREEMENT FOR MYERS MASTER LAWN CARE This Maintenance/Labor Agreement ("Agreement") is dated effective this 1 st day of May, 2005. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Myers Master Lawn Care, a sole proprietor ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, in the capacity of park landscape maintenance at Adelaide Park, Alderbrook Park, Alderdale Park, Coronado Park, English Gardens, Gateway Monument, Lakota Park and Wildwood Park located in Federal Way, Washington; and B. The Contractor has the requisite ski]) and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shal1 commence upon the effective date of this Agrcement and sha1l continue until the completion of the Services, but in any event no later than April 30, 2006 ("Tenn"). This Agreement may be extended for additional periods oftimc upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agrecment may be tcrminated immediately, with or without cause, by the City. 4. Comp~n~~ÜQll. 4.1 Total Compensation. In consideration or the Contractor pcrfonning the Services, the City agrees to pay the Contractor an amount not to exceed Forty-Seven Thousand, One Hundred Ninety-Five and 64/1 00 Oollars ($47,195.64) calculated on the - 1 - f\-'2- basis ofthe hourly labor charge rate schedule for Contractor's personnel attached hereto as Exhibit "B"; and Washington State sales tax equal to Four Thousand One Hundred Fifty- Three and 22/100 DoJJars ($4,153.22) for a total amount not to exceed Fifty-One Thousand Three Hundred Forty-Eight and 86/1 00 Oollars ($51,348.86) 4.2 Mçthod of Payment. Payment by thc City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, which invoice shall specifically describe the Services performed, the name of Contractor's personnel performing such Services, the hourly labor charge rate for such personnel, and the samc is approved by the appropriate City representative. Payment shal1 be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Tax.§.â. Except as otherwise provided in Section 4.1 hereof, The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the perfonnance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. 6.1 Requisite Skill. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct all Services perfonned which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Services. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding ofthe Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be - 2 - f-\ ,:~ performing services during the Tenn [or other parties; provided, however, that such perfonnance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor ofthe City. 8. Indemnification. 8.1 Contractor Indemnifif<!ti9n. The Contractor agrees to indemni[y, defend and hold the City, its cleeted officials, officers, employees, agents, and volunteers hannless from any and al1 claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemni119?t!.Q!1. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless [rom any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting [rom or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions ofthe City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination o[this Agreement with respect to any event occurring prior to such expiration or tennination. 9. Equal OpportunjJY.J~=,mployer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shal1 apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and scleetion [or training, including apprenticeship. Contractor shall not violate any of the tenns of Chapter 49.60 RCW, Title Yll ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. - 3 - f1-~ Any material violation ofthis provision shall be grounds for tennination ofthis Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidenti~lity. All information regarding the City obtained by Contractor in perfonnance ofthis Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate tennination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such fonDS and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability msuranee in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liabiJity not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. I 1.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be tenninated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. ¡fContraetor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate tennination of this Agreement. The provisions ofthis Section shall survive the expiration or tennination ofthis Agreement with respect to any event occurring prior to such expiration or termination. Work Product. 12. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or - 4 - f\~5 modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shal1 comply with all applicable provisions of federal, state and mlU1ieipal safety and health laws and codes, including without limitation, all OSHAIWISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is 1ikely to become displaced or damaged by the perfonnance of the Services. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 15. Prevailing Wages 15. I Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39. I 2 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" arc attached hereto as Exhibit "c" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. - 5 -- A-~ 15.2 Agreement~Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages ifand when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 15.3 Exenlptions tQPxçyailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: a. Sole owners and their spouses; b. Any partner who owns at least 30% of a partnership; e. The President, Viee President and Treasurer of a corporation if each one owns at least 30% of the corporation. 15.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution ofthis Agreement, Contractor shall complete and file a Statement ofIntent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Services, Contractor shall complete and file an Af1idavit of Wages Paid with the Department ofI"abor and Industries. Contractor shall deliver copies of both the Statement ofIntent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 15.5 Disputes. In the event any dispute arises as to what arc the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 16. Cle'illJJp. At any time ordered by the City and immediately after completion of the Services, the . Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Services. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 17. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts - 6 - f\-\ incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies, 18. General Provisions. 18.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 18.2 Modification. No provision ofthis Agreement, in.cluding this provision, may be amended or modified except by written agreement signed by the Parties. 18.3 Ful1 Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 18.5 Successors in Jnterpst. Subject to the foregoing Subsection, the rights and , obligations of the Parties shall inure to the bcnefit of and be binding upon their respective successors in interest, heirs and assigns. 18.6 Attorney Fees. In the event either ofthe Parties defaults on the performance of any ternlS of this Agreement or either Party places the enforcement ofthis Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 18.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default docs not act as a waiver of the City's right to declare another breach or default. 18.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 18.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. - 7 - f\-ß 18.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 18.11 Caption~. The respective captions of the Sections of this Agreement arc inserted for convenience ofrefercnee only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 18.12 PerfQ.I]mlJJ.£§. Time is ofthe essence ofthis Agreement and each and all of its provisions in which perfonnanee is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's perfonnanee of this Agreement. 18.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 18.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 18.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the fomlation and/or perfonnanee of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY By: u_n -,-.-- ._____n David H. Moseley, City Manager 33325 8th Ave S PO Box 9718 Federal Way, W A 98063-9718 ATTEST: ---- City Clerk, N. Christine Green, CMC - 8 - F\-,\ APPROVED AS TO FORM: ---------- Patricia A. Richardson, City Attorney MYERS MASTER LA WN CA RE By: (Signature) ---- (Printed Name) P.O. Box 1057 Enumclaw, W A 98022 360.802.2430 STATE OF WASHINGTON) ) ss. COUNTY OF ~_J On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIYEN my hand and official seal this day of ---------------_____,200..-_. --------..------------ - (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires --- - 9 - rr...\'C> EXHIBIT A Si!e Location_~ Adelaide Park Alderbrook Park Alderdale Park Coronado Park English Gardens Gateway Monument Lakota Park Wildwood Park 30619 16th Avenue SW 327301 ih Avenue SW 2700 SW 340th Place 2501 SW 349th Place S. 320th & Southbound 1-5 Exit 31334 SW Oashpoint Road 2315 S 300th Street Definitions Owners; Park, Recreation & Cultuml Services; City and/or City Qf F~ederal Way and their authorized representatives shal1 be understood to mean one and the same. Contract AgJninistrator shall be the City of Fedcral Way Parks Maintenance Division's duly authorized representative. Approved means approved by the owner. Approved egual or equivakn.t.. as hereinafter used, shall mean a material or method equal to, or better than the required materials or methods. As sho~n shall mean as shown on the Contract Orawings, maps or details. ~p'ecifications shall mean these specifications, the "Maintenance Specifications" and all addenda thereto. Grounds maintenance and lanQ§,Çapemaintcnance means the work and provisions described by the Service Contract and all addenda thereto. Native trees shall mean those trees, which are indigenous or natural to the site. Ornamental tre~~ shall mean those tree which are not indigenous or natural to the site, and are located as part of the designed landscape. 1\-\\ Maintenance Specifications A. The Contractor will furnish all labor, tools, specialized equipment, materials, disposal of waste material generated by the work, supervision and transportation to perform landscape maintenance services as specifically outline in the Annual Maintenance Standards. B. All fieldwork shall be performed under the supervision of a qualified horticulturist. Operators will be licensed for all functions, including pesticide, fertilizer, and herbicide application, and flagging card when required. c. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. D. The Contractor's personnel will conduct themselves on site in a professional manner at al E. Each employee will wear or display the company's name and/or logo. F. , The Contract Administrator or appointed designee will inspect work performed by the Contractor on a regular basis. In the event of work perJèm11anee deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. G. Equipment intensive work such as mowing, edging and blowing done at this site shall not commence before 7:00 a.m. and end on 8:00 p.m. on weekdays, (weekend work not allowed without prior approval) and it is advisable that mowing be performed during non- peak park use. H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. I. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supcrvision of maintenance operations and management of the site. J. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. The Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. f\ -\7- Turf A. Turf areas to be maintained include medians, parks, and mow strips along paths. All turf shall be mowed to a height of 1 Y2 inch. Collection of grass clippings is required when large amounts of clumps are left on the turf. B. All turf around posts, fences, trees, closure boxes, vaults, valve boxes and other obstructions shall be maintained using mechanical and/or pre-emergent and post-emergent methods. C. All turf areas shal1 be edged at sidewalks, curbs and landscape beds on a schedule specified in the Annual Maintenance Standards. Extreme caution should be used to prevent chipping of concrete structures by edging equipment, and use proper guards for public safety. D. All formal turf areas shall be fertilized with an approved fertilizer on a schedule specified in the Annual Maintenance Standards. Total application of turf fertilizer shall be applied at the rate oftwo pounds of nitrogen per 1,000 square feet or turf per year: May, and Nov and shal1 be slow release 3-1-2 ratio fertilizer with iron. A 3-2-5 ratio will be used for the November application. Shrubs and Ground Cover Beds A. Bed areas shal1 be kept in a weed free condition. All beds shall be weeded by mechanical and/or chemical means. The City reserves the right to limit the use of specific herbicides and/or applications of said herbicides. Casoron shall be used only with the approval of the Contract Administrator and only in very limited areas. Applications will be applied according to label instructions. B. Ground cover shall be edged 4 to 6 inches behind all sidewalks, curbs and edges of landscape beds. C. Shrubs shall be trimmed or sheared to maintain desired shape and function as needed to provide a neat, trim appearance. Special attention shall be made to all park entries. Hard Surfaces A. Sidewalks, curbs, basketball courts, tennis courts and other hard surfaces shall be kept free of leaves, litter and debris. The use of power blowers is acceptable; however, accumulations of debris must be removed from the site, legally disposed of, and not blown onto adjacent property or onto adjacent street surfaces. B. All vegetation in sidewalks, curbs and other hard surfaces shall receive an approved herbicide application and be removed at the next site visit. In no case shall any pre or post- emergent herbicides with residual characteristics (i.e. Casoron) be used in these areas. Other Services A. All litter, debris and animal feces shall be removed from turf, beds and hard surface areas. The Contractor shall remove litter from the site for disposal. Garbage cans will be emptied to an approved dumping station or City provided dumpster at each visit. Each can will have a new liner installed. B. The Contractor shall remove windfall branches from all areas for disposal. Wind fallen trees are not included in the contract. Leaves, needles, cones and other vegetative material shall be removed from all formal areas. f\-B Exhibit A ANNUAL MAINTENANCE STANDARDS PARKS 2005 - 2006 Task Frequency by Month ~.an Feb Mar AprJM~)unlJillAugJSep1.0c~INovl'pec TURF --. ---.". -" Mowing* Trimming Edging Fertilize Ditches """"--'" --"'-' ...._-"", .- LANDSCAPE BEDS -..---..;. . ',,---.----......---.... Weeding Edge grnd covers Herbicide ..-_. ..----' - .._"... -' -. -. '-.' -"." .---.... ...~... .- 2 4 5 4 4 4 3 3 2 4 5 4 4 4 3 3 2 4 5 4 4 4 3 3 1 1 ._- .- 1 1 1 1 1 1 1 1 1 1 1 1 -'-"---'-'-.'-"" .-. .--- -- .- -- 1 2 -..- -"'--....-..----'" ,-,----""....---".,-"':""""'...... - 2 2 2 2 2 2 1 1 --"-""'-' .. 1 no ..--' ....-- . -- .-.- --., -- --- -. -- - ,,- SHRUBS ,,', ~;h¡~bs-:~e~Be-~'~-~~: ....'~I:.' ...J':. '-~"'l..". ':'.1_- 1-' "1=_~~'I......._..=t. L ~~~IT:'= HARD SURFACES -""'.-' .--.. -.---.- ""--"""'--~"'" .---..-. .. "-."-"'---"" ."--""--'.'-"-"-' '---."-",- sweeping/blowing 1 1 2 4 5 4 4 4 3 3 1 weed/herbicide 1 1 ~"""-",-,-",,_.,,, -"..- '--."...-.--'--..--- n._...___. ....L----", ...----. n OTHER ~-'-" ._- .._- garbage removal litter collection fall cleanup TOTAL TÃSf<~.~: ---3""'-~3""-14'-2-7~'- 35 ""'28 28 27 --..--. ..--' ,,--' -" ..-' -. .-... .-.-.---L- -'-----. -" ...-.-.,--- .... -... --- 1 1 2 4 1 1 2 4 '-'--'----"" ....--- . -...-' --. -" '.-----" -.- 5 4 4 4 3 3 1 1 5 4 4 4 3 3 1 1 1 2 1 22 24":':' 12 2 ..---'-- .. ..-'-.... --L--- - *Mowing - should additional mowings be required obtain approval and invoice as additional services based upon a contracted hourly rate. **Shrubs/hedges ... trim as needed to maintain a neat appearance and not allowed to create a public hazard. To included maintaining a 36" maximum height of the native salal at Wildwood Park. ***T otal task ... work task total for evaluating monthly payouts for completed work. yrmaint2 - revised 2fO1 f\-I~ Exhibit A 2005, 2006 - Park Landscape Maintenance Quote Sheet Adelaide I Alderbrook Alderdale Coronado English Gateway lakota \ Wildwood Total Task* I Gardens Monument I Jan = 3x 1$118.14 $103.50 $116.00 $158.00 $98.00 $56.00 $165.00 $118.00 Feb = 3x 1$119.00 $104.00 $116.00 $158.00 $98.00 $56.00 $165.00 $118.00 Mar=14x 1$178.00 $547.00 $181.00 $213.00 $258.00 $83.00 $543.00 $209.00 Apr =27x 1$379.00 $810.00 $347.00 $293.00 $511.00 $116.00 $1,064.00 $393.00 May=35x 1$1,145.00 $1,132.00 $583.00 $398.00 $791.00 $198.00 $1,722.00 $594.00 Jun =28x 1$674.00 $1,358.00 $807.00 $359.00 $776.00 $129.00 $1,064.00 $935.00 Jul = 28x 1$397.00 $818.00 $357.00 $266.00 $538.00 $129.00 $1,064.00 $416.00 Aug=27x 1$350.00 $810.00 $357.00 $262.00 $510.00 $124.00 $819.00 $399.00 Sep=22x 1$274.00 I $759.00 $302.00 $227.00 $481.00 $101.00 $815.00 $350.00 I I Oct=24x $1,159.00 $539.00 $344.00 $599.00 $134.00 $961.00 $523.00 $1,354.00 Nov=12x 1$872.00 $1,216.00 $1,059.00 $396.00 $675.00 $259.00 $700.00 $611.00 Dec= 2x 1$83.00 $203.00 $62.00 $83.00 $62.00 $57.00 $84.00 $79.00 I TOTALS Sub total 1$5,943.14 1$9,019.50 $4,826.00 $3,157.00 $5,397.00 $1,442.00 $9,166.00 $4,745.00 $43,695.64 Tax 1$523.00 1$793.72 $424.69 $277.82 $474.94 $126.90 $806.61 $417.56 $3,845.24 Total** 1$646.14 1$9,813.22 $5,260.48 $3,434.82 $5,871.94 $1,568.90 $9,972.61 $5,162.56 $47,540.88 Additional Services Hourly Rate $ 37.50 ( Non routine or additional requested work) *Total number of task performed each month as shown on the Annual Maintenance Standards. ** Monthly totals shall be based upon the number of services (e.g. mowing, blowing, weeding etc.) provided for each month, the same unit cost is applied equally to all items of work. All work tasks must be completed within any given month in order to receive full payment for that month. ~ \J1 Exhibit B Labor rate schedule Contractor shall provide Additional Services on the basis of the following rate schedule: Task: Hourly rate General labor $37.50 per hour f\-Ho 5.ß CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM -----~,-,- -, ---------- --------- DATE: TO: May 9,2005 Parks, Recreation, Human Services and Public Safety Council Committee FROM: Mary Faber, Recreation and Cultural Services Superintendent David MOS~nager Northwest Parks Foundation-Parks Safety Net Fund Management VIA: SUBJECT: ------- Policy Question: Should the City enter into an Agreement with Northwest Parks Foundation to collect and manage tax- deductible grants and private donations on behalf of the City for Parks and Recreation Projects/Programs and to transfer those funds to the City for use? Background: The Northwest Park Foundation is an umbrella 501 C-3 organization dedicated to advancing countywide parks and recreation opportunities and facilities. NPF is a private, non-profit organization established to promote healthy citizens and communities by protecting and encouraging the enhancement and development of park and recreation facilities and resources for this and future generations. Established in November of 2002, NPF designed the Parks Safety Net Program to provide direct and indirect support to park and recreation agencies, school districts, and parks facility user groups. NPF has a boundless service area with primary focus on agencies, school districts and user groups geographically residing within King County and Snohomish County. NPF, as a 501 (c) 3 organization, will accept tax-deductible donations from the public on behalf of the City and will transfer such funds to the City. The City acknowledges that NPF may deduct actual expenses for all donations and a 5% service fee for each donation equal to or greater than $25. Remaining donated funds will be held by NPF in a non-interest bearing account prior to transfer to the City. Individual donations may be designated for specific City parks and recreation projects/programs. Multiple accounts may be set-up to collect donations, grants Options: 1). Authorize the City to enter into an Agreement with Northwest Parks Foundation to establish and manage the Parks Safety Net Fund for City Parks and Recreation Projects/Programs for the collection of grants and private donations. 2). Decline the proposal to enter into an Agreement with Northwest Parks Foundation to establish a Parks Safety Net Fund. Committee Recommendation: Forward Option 1 to the full City Council on May 17, 2005 for approval. APPROV AL UF COMMITTEE REPOKf: ----- ",_...-.- Committee Member - Committee Member "' -- ---,-- J Committee Chair ~-\ Programs Parks Safety Net Fund A new program providing resources for agencies and organizations to manage en- dowments and raise capital for park and rec- reation improvement projects. Kathryn Taylor Equestrian Park Maintenance and Operations Endowment ($200,000) cO rJ King County Parks and Recreation Safety Net Fund City of Mercer Island Parks and Rec- reation Fund. Several park safety net funds for cit- ies throughout the region are in de- velopment. Visit nwparks.org for a complete listing of projects. Playfield Developments . South King County Regional Sports Complex: Premiere example of King County's "Ne'\v \v'ay of Doing Busi- ness" and the Associated Development and Operations Partnerships (ADOP) program. . Seattle Magnuson Park: Athletic Complex and \Xletland Habitat Restora- tlon . Northshore Middle Schools: Linking user groups and agencies for school playfield improvements. Linking Corporations to Parks How can businesses be socially re- sponsible and maintain profitability? Most consumers choose products and services where proceeds are directed to worthy causes. Consumers want to knO\V that in some small "vay, their purchases help - not hurt - their community. Employees hope that the businesses they \vork for do more for their communities. \'V'ithout healthy communities healthy companies cannot exist. Why support park facilities? Companies \vishing to be more socially responsible need a strategic community engagement plan that is in line with their core values. Parks offer highly visible community amenities that are not fully - -' supported by tax dollars alone. Let the ;";¡orthwest Parks Foundation help you create a plan to increase your profitability through socially responsible giving for parks facilities. Without healthy parks healthy communities cannot exist. ...~~~.. --- ~*""+t Healthy Parks::::. Healthy People "!",, . ",w4t.. ~: ~À>\t" -. or. ,..+.. .. .~, @ Northwest Parks Foundation -VISION - Facilitating healthy lives through active recreation parks. Northwest Parks Foundation 600 First Avenue, Suite 300 Seattle, Wasbngton 98104 www.n'\VParks.org 206.838.7550 -~,~ A ... "'.. Healthy Parks = Healthy People ':6~ . ".. ~~ ~.. e.", ~~ ...- ~ " "-a.""'-' ..." .-. ~ ,z :~~ ~i~ Mission ~) ~ The Northwest Parks Foundation works to support the parks, pools, trails, playfields, and other active recreation facilities in the region that help contribute to active, healthy lifestyles. . We identify park system needs and address them by providing direct financial support. . W'e work to bring local business leaders, user groups, funding organizations, and community members together to finance programs and facilities that you and your family can use every day. . \fie serve as a voice of the community by offering practical recommendations and relevant information about park and rec- reation issues to elected officials to ensure that the public parks you v-1sit best serve your needs. We are setting new standards of excellence in park support. Donations to :\onhwest Parks Foundation, a 501(c)3corporation, ate tax deductible. N Achieving a Parks Renaissance- The Northwest Parks Foundation is a pri- vate, charitable, non-profit organization started in 2002 to address the severe lack. of funding for parks and recreation facilities. Originally named "Friends of King County Parks", we changed our name to reflect the broader needs of the Pacific 1'\orthwest. It is through the generous contributions of individuals and corporations that we are able to provide much-needed support for the parks and recreation facilities in the region. \Vith its creation, the 1'\orthwest Parks Foun- dation has embarked on a course to achieve a Parks Renaissance. W'e have a vision for healthy parks that includes accessibility, safety, features that encourage people to ex- ercise or participate in active recreation, ade- quate parking and lighting for use during long ,vinter months, and parks that have a balance between refreshing undeveloped open space and actively used trails and play fields. Our strategies include offering recommenda- tions for long term maintenance and opera- tions, implementing alternative development strategies, and fiscal planning and endow- ments that support our park facilities without draining essential resources from other hu- man services. We have plans to build self sustaining parks using socially responsible corporate ventures and are working to fund major capital im- provements throughout the region. Your Community By supporting the ~orthwest Parks Foun- dation, you can contribute directly to parks improvements and facilities in your own neighborhood. You will help improve the parks that you and your family regularly visit and enrich your community by ensuring that these magnificent resources ",ill be available for generations to come. How You Can Help You can make your contribution to the Korthwest Parks Foundation in several dif- ferent ways: . Pledge your support to the Northwest Parks Foundation as part of your Em- ployee Giving Campaign Donate on our secure website, \\'W'W' .ll\\,rpar ks .0 rg Mail your contribution directly to the Foundation. . . . Donate other assets, stock, property, ete. as part of your annual financial planning. Contact the ~PF for information about a Family Legacy Park . Northwest Parks Foundation Executive Director: Kristen Bush, MPH (206) 838-7550 info@nwparks.org -~---~---~-----~"~'--'-'--'-"'-~._-'-~------~-- A 1)0 n 0 r Bill Qf_ßigþ t s PHILANTHROPY is based on voluntary action for the common good. It is a tradi- tion of giving and sharing that is primary to the quality of life. To assure that phi- lanthropy merits the respect and trust of the general public, and that donors and prospective donors can have full confidence in the not-for-profit organizations and causes they are asked to support, we declare that all donors have these rights: ,-,-------------------------------------------------------------------------------------------------------------------------------- --------------......--------- I. VI. To be informed of the organization's mission, of the way the organization intends to use donated resources, and of its capacity to use donations effectively for their intended purposes. To be assured that information about their donations is handled with respect and with confidentiatity to the extent provided by law. II. VII. lò be informed of the identity of those serving on the organization's governing board, and to exþect the board to exercise prudent judgement in its stewardship responsibilities. To expect that all relationships with individuals representing organizations of interest to the donor will be professional in nature. III. VIII. lò have access to the organization's most recent financial statements. lò be informed whether those seeking donations are volunteers, employees of the organization or hired solicitors. Iv. IX. To be assured their gifts will be used for the purposes for which they were given. lò have the opportunity for their names to be deleted from mailing lists that an organization may intend to share. v. x. lò receive appropriate acknowledgement and recognition. lò feel free to ask questions when making a donation and to receive prompt, truthful and forthright answers. ----------------------------------- -- ......_-------------,------------ ----------------------- DEVELOPED BY AMERICAN ASSOCIATION OF FUND RAISING COUNSEL (AAFIK) ASSOCIA110N FOR HEALTHCARE PHILANTHROPY (AHP) COUNCIL. FOR ADVANCEMENT AND SUPPORT OF EDUCA110N (CASE) ASSOCIA110N OF FUNDRAISING PROFESSIONALS (AFP) ENDOI1SED BY (IN FORMATION) INDEPENDENT SECTOR NATIONAL CATHOL-IC DEVELOPMENT CONFERENCE (NCDC) NATIONAL COMMIl'1'EE ON PLANNED GIVING (NCI'G) COUNCIL I'D.. RrsOURCE DEVELOPMENT (CRO) UNITED WAY OF AMERICA ---- --~~..,,"-,------ \3'~ Plcasc help U8 distribute this widely- S.L. CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM _...-"-------- DATE: TO: May 9,2005 Parks, Recreation, Human Services and Public Safety Council Committee FROM: Mary Faber, Recreation and Cultural Services Superintendent David MO~anager Capital Fund Raising Campaign Proposal for the new Community Center VIA: SUBJECT: Policy Question: Should the City develop a Capital Fund Raising Campaign with a goal of $500,000 for enhancements and improvement of elements of the new Community Center? - Background: In November 2004, the Parks and Recreation Commission received citizen comment to consider raising funds for currently unfunded items of the new Community Center, such as the track, climbing wall, equipment and landscape improvements. In February 2005, the Commission voted to authorize the creation of a Sub-Committee chaired by Don Dennis to create a Capital Fund Raising Campaign. The Sub-Committee of the Commission was created and the Committee has met with City Staff, Project Architects and Northwest Parks Foundation to develop a Campaign Proposal. An outline of the Campaign strategy was shared with the Parks and Recreation - Commission in March to provide information on work to date and get feedback. Attached is the draft Campaign Proposal for review. Options: 1). Authorize the City to enter into a Capital Fund Raising Campaign as outlined by the Fundraising Capital Fund Raising Campaign Proposal for the enhancement and improvement of elements with a goal of $500,000. 2). Decline the proposal to enter into a Capital Fund Raising Campaign for the new Community Center. Committee Recommendation: Forward Option 1 to the full City Council on May 17, 2005 for approval. APPROVAL OF COMMITTEE REPORT: Committee~Ghair Committee Member Committee Member i:/ councilinfo/2005/CaptialCampaignProposalCC5 .9.05 c-\ Iroetal Way Community Center Primte Fundtais . & ita1 --~~.__.._, ~a1 April 27, 2005 Prepared for. City of Federal Way Parks and Recreation Commission Prepared by: Campaign Advisors: Kristen Bush, MPH - Executive Director Northwest Parks Foundation 600 First Ave, Suite 300 Seattle, WA 98104 KrisB@nwparks.org 206-838-7550 or 206-718-1174 Stephanie Bowman ~ NPF Board Brittney McBride - Project Coordinator, NPF Staff Project Summary The City of Federal Way Parks and Recreation Commission proposes to raise $500,000 over the next 12 months Gune 2005- May 2006) for ancillary support of the Federal Way Community Center. This capital campaign is contingent upon Parks Commission and City Council approval. The campaign funds will support several proposed features of the ongoing Community Center Development including: 1) specific under- funded structural clements such as the senior lounge, classrooms, and party rooms; 2) equipment such as activity, fitness and sports equipment, landscaping tools, signage, etc ; and 3) ambiance elements such as landscaping needs (e.g. perennials and shrubbery), benches, kiosks for community notifications, etc.. The fund drive will begin immediately upon approval. DRAFT &2- The Development Plan The City of Federal Way has committed $21,500,000 for the new community center. These public dollars will support the development of the major structural elements of this public project. To supplement to supplement the public construction budget, the City of Federal Way Parks and Recreation Commission proposes to raise $500,000 over the next 12 months constituting approximately 2% of total funded project. The capital campaign funds arc needed for 1) structural elements such as the jogging/walking track and climbing walll) furnishings for the senior lounge, teen area and classrooms; 2) equipment such as activity, fitness and sports equipment and 3) ambiance clements/landscaping needs such as perennials, shrubbery and benches. I. The Capital Campaign Plan Overview - The four overlapping major elements of the capital campaign plan include: . NAMING GIFTS: Naming rights could be sold for 10 featured elements ($450,000) . MAJOR GIFTS: From individuals, private foundations and corporations: See Gifts C.hart ($ 100,000) . Participating in Existing COMMUNITY EVENT(s): The fundraising goal forthe segment is $10K ( -2% of total fund drive). The purpose of this event is to incm1se public awrrenfSS of the capital campaign and re- ignite giving enthusiasm. In addition, community events will afford opportunities for smaller scale giving to the Donor Fund Drive. . DONOR FUND DRIVE: This component of the campaign might include the use of direct solicitation, facility user support, other smaller scale giving actions and "item sales" in which individuals sponsor a specific item such as teen room games, activities, fitness and spotts equipment, landscape items and tools, benches, etc. (Supplemental total) I NAMING GIFTS (See Nal1Úng Gifts Chart) - $ 450,000 MAJOR GIFTS (See Gift Range Chart) -$ 100,000 I COMMUNITY EVENTS - $ 10,000 .J I DONOR FUND DRIYE -$ Supplemental J C-~ 2 Capital Campaign Preparation: Upon approval of the campaign proposal, the Parks and Recreation Commission and Gty Staff will begin mobilization for the capital campaign. This includes assigning leadership responsibilities, budget development, web site development, mobilization of volunteers, preparing a case statement, brochures and other campaign promotional materials (i.e. pledge cards and thank you notes), background information for solicitors, copies of design and other renderings from the city, pictures, press releases and if appropriate a prospectus. 'The budget should include estimated expenses for staff, campaign support materials, postage, parking, incidental costs, donor acknowledgements and signage and a plan to caœr tÍVT canti11fP1l pkdg:s and thaie pfedws that are na fully realized. During the period estimated from June 2005 through August 2005 lead gifts will be recruited and a public relations plan if appropriate and required by the Oty will be developed and coordinated with Gty staff. In addition, a book keeping system specific to the campaign will be established. The campaign kick off will be August 2005. NAMING GIFTS Most of the naITÚng gifts for the 10 identified elements will be recruited prior to the public announcement of the campaign. Prospect research will need to be completed and a draft list of interested or potentially interested individuals or cOlporations will be presented by May 15th. For the most part, locally owned business owners, , developers, and local philanthropists will be primary-targets. National level sponsors and cOlporate giving will serve as a back up plan but nonnally take much longer to acquire. If naming gifts do not materialize, the campaign for major gifts will be shored up in an effort to cover the difference. See more information about naming recruitment under "Major Gifts" below. F r Fe aÏÙredEleme ñt ralue- ~-I~~~ r=~~ r;:.r:cts- 1 Lcisurc Pool r'$l,'5'66;ÖoÖ~- [-:fT50;6Öo~'" [l156;666----- [-----------io--'--~-' 20 2 Lap Pool 500,0000 [$160,006-1-$250;606- 20 40 [')------" Gym I~ay í1----S68-,o06-'---- r$-'-so;Ö06-~ 1-$)'66",066--- 15 55 1--4--"-- [Frtn~~~--------------'-' 400,000 r'ç-4Ö~-666-- f$340;6ocf------ ¡-----'-----!5------- 70 rS'---- [Multi- Pttpose R;;o~~' 1}-266-þ66------ [l-- 25;OÖO'-- r $3'65;666---- ¡----------¡Ö--------' 80 [6~---~j [~~~iÄg;i;~~~k--_m__m_- [$----287~ÓÖöm_'_'m r---r""2sp66mm [-$)-9o;06ö-mm 10 90 . [-Z-~m"_'] [~~~þ~~-~_~___m_'_mmmm____' [$'-mM27S;OÕÕ-.'._m_- [-l13~OOOm~ 1--$4i5';~66"--" 1 0 1 00 1181 Senior Lounge" I[2ÖO,OOO -[$ 20,000 [$435,000 r- 10 r--~llO ---- . ("'"ë;'"""""""¡ ['9~-~~;;~_~___.mmm_mm______----------------lml-m_¡66;6õo--------'---' ['$"""'"16;666----- r--$445~6Öo"""'" 5 r-------iis-----------""" I [101 rPartyT~;;;m-'__~m_m__'___~- r$~-~40-:OõO- [$~~S~6oo-~' r$4s'q,o6o-: ["'------S-~-- [~-""T2o--- - >'< Prospects for naming gif~ can and will overlap witl;~;me Major gifts prospects. 3 L-~ MAJOR GIFTS ---- -- MAJOR GIFfS RANGE CI-IART Goal: $100,0000 -- Number of Cumulative Prospects Prospects Gift Size Recognition Gtmulative Gifts Gifts Needed Cumulative Level Total 1 1 6 6 $20,000 Jeweler'} $20,000 1 2 6 12 $15,000 Diamond $35,000 2 4 8 20 $10,000 Platinum $55,000 4 8 15 35 $ 5,000 Gold $75,000 5 13 20 55 $ 3,000 Silver $90,000 10 23 30 85 $ 1,000 Bronze $100,000 '}Please note... this is intended to add humor. The group could have more flm with these levels. Foundations Paid staff and volunteers will identify foundations with a history of supporting civic projects and programs, recreation or organized indoor sports, walking and senior citizen health, wellness, and other related programs by using the Secretary of State's register of charitable folmdations, Foundation Center software and other prospecting resources provided by the King County or Seattle Library Fundraising Resource Center(s). The Gtyof Federal Way Parks and Recreation Commission select Gty leaders and local civic group leaders (e.g. Rotary Oubs, YMCA, ete) members will be asked to contribute guidance and advocacy for grant proposals. In all cases where individual gifts (below) are offered, donors will be asked to co-sign and/ or endorse grant applications made to their places of work where appropriate. Cotporations To research corporate prospects, paid staff and volunteers will consult the Puget Sound Business Joumallists and research web sites for names of c°tp°rate giving officers. Northwest Parks Foundation staff can assist with creating a target contact list and corporate giving officers will be systematically contacted. In some cases, challenge grants will be solicited. . In addition, senior groups, art and music groups, adult athletes or parents of youth athletes could be asked to co- sign and/or endorse corporate giving from their places of work. In addition, Parks commission members will be asked for direct contact information for executives of identified corporations. Individuals Other individual major donors will be recruited via presentations and general mailings where emails are unattainable to individuals involved in arts groups, senior groups, civic groups, sports leagues and other local park and recreation related organizations. Whenever possible, individual contributions will be used in matching programs from corporations. In all cases where individual gifts are offered, donors will be asked if their companies offer matching gifts. &5 4 COMMUNITY EVENTS Throughout the summer, the aty of Federal Way hosts events where capital campaign organizers will set up booths advertising the campaign. Examples of events could include, the Fourth of July celebrations, Summer concert series, and other previously established community events. The purpose here is to increase public exposure to the capital campaign, educate Federal Way residents regarding the potential of in-kind contributions towards the development, recruit more volunteers half way through campaign, present progress charts, acquire corporate sponsorship, generally facilitating a community fundraising atmosphere. It cowd also help reinforce the need for a community center! Event goal $10,000. Concessions and othedundraising materials will be sold during the events (T-shirts, etc). In addition, a request for the email addresses of interested adult participants will be requested. The event cowd include public appearances by local pubic personalities, Federal Way officials and/or if appropriate a major donor honoring ceremony. To help fund the event, sponsors wiJJ be asked to support administrative and logistical staff. Other businesses could be asked to offer in-kind printing costs, promotional costs and/or to offer employee volunteers and provide pri7-CS. A brainstorming session could reveal unique ideas around the community event. DONOR FUND DRIVE: Throughout the term of the capital campaign, smaller-scale giving will be coordinated by volunteers. Smaller scale giving will be encouraged at the community event pri11k1rily, however other strategies for smaller scale events to encourage giving throughout the campaign might include: 1) phone-athon: 2) Direct Mail Solicitation 3) Community Center Members: (would need a better name for this) these people cowd be solicited monthly online making it easier for them to use a VISA and give more frequently. 4) "Item sales" or the use of a "gifts catalogue" Individuals or families might sponsor a specific item such as teen room games, activities, art equipment, fitness and sports equipment, landscape items and tools, benches, etc. In all cases, volunteers will try to recruit matching dollars from all donors' places of work. Staff will also ask one or more foundations, corporations, or individuals for matching funds for item sales over a particular period. of time or for a particular element. Capital Campaign Contributor Recognition It is essential that contributions are recognized in an appropriate manner and are in compliance with any established Federal Way public naming policies. Using the precedent established by the Seattle Center and the Seattle Center Foundation, the following types of recognition could be offered to the Capital C'-ampaign donors: NAMING GIFTS: All nanling gifts for community center elements: Signs at each element, along entry paths and directional signs at main entrance, possibly aty directional signs depending upon existing policies. MAJOR GIFTS: Wall of Fame - Put up a wall of plaques with names of the donors engraved. C'lÚldren from art classes cowd be asked to create "thank you " tiles in support of the future art program(s)? They could all be the same size but would be located on the wall based upon the size of the donation. There could be a business section and an individual section. FUNDRAISING EVENTS: The C.ommunity Event will be named after major sponsor, individual booths and gathering areas wowd feature banners with corporate/business logos and promotional materials. SUSTAINING DRIVE GIFTS: "Purchasers" of items wi] be recognized on an acknowledgment page of the website and possibly in regular community center newsletters and! or mailings. Kiosks could have donor recognition plagues for substantial volunteers. VOLUN1EER RECDG'NITION: The Steering coml1Úttee should have an agenda item to consider ways to recogni7e volunteers and identify landmark achievements. C-ÍD 5 Campaign Staff Organization Operational Support Needs Staff 50% campaign coordinator 25% administrative and management staff 10% city staff support 15% volunteer based committed office support In- Kind Gty Staff Support and! or Salary funded as part of Support In-Kind Gty Support In-Kind GtyStaff Support In- Kind Parks and Recreation Commission and Community Volunteers Other Sources of Campaign Support: Volunteers will commit to the following support actions. 1) Attendance at monthly campaign status meetings (1 hour each). 2) Attendance at other related meetings on an as needed basis (up to 2 hours each). 3) Commitment to an additional two hours per week telephoning, emailing, and providing other assistance for volunteer and paid staff. 4) Public appearances, especially at fundraising events. 5) Recruitment of at least one local celebrity for the community event. 6) Commitment to signing at least SO thank you letters monthly on behalf of the campaign. 7) Personal commitment to support the project in any amount that is personally significant. 8) Assistance with recruitment of one naming or major gift. Operational Support Sources Operational support for capital campaign staff will come from two sources: 1. Federal Way Gty staff: 1he will allocate 5% Fili funded through city administrative budget, work will be conducted at the staff's allocated workspace. The Oty will also provide access to equipment and incidental amenities for campaign staff and volunteers. 2. Any paid staff will need to be covered by the campaign or volunteer commitments in the equivalent. A Volunteers Volunteers will be led by the Federal Way Park Commission (FWPq. Volunteer staff will be asked to commit to a minimum of 2 hours per week for the campaign period and will be drawn from the boards, staff, and parent volunteers of existing civic groups or other interested parties. Volunteer staff will be organized into the following three committees, which will meet monthly and as needed. 1. Steering Committee: Recruit volunteer staff, communicates with FWPc, organize agendas for other committees, and fundraise for operations. 1his group will represent all of the interested parties and surrounding areas and will be responsible for coordinating volunteer groups. This includes development of volunteer sustaining strategies and general volunteer coordination. 1his committee should meet at least once per week throughout the campaign. Skill sets: leadership, organization, motivation, public speaking, community connections. 2. Community Event Committee: Assist the FWPC in aH aspects of the event. Help recruit, train, and supervise volunteer staff. This group of volunteers will also help acquire and coordinate sponsorship. 1he community event comtIÚttce chair should meet with the steering committee and with the community event committee twice monthly and on an as needed basis. Skill sets: social involvement, past event experience, creativity, positive energy, organization. 3. Grants and Prospect Research Committee: 1his more independent group of volunteers will assist paid staff and board members with identification of funding prospects and writing letters of intent and draft proposals to [,-1 6 foundations, cotporations, and individuals. It is important to note that volunteers on this committee may not be d «k"f d . expecte to as or onattons. Skill sets: Research, librarians, past fund raising or grant writing experience or willingness to learn, TIME, V. Schedule and sequence A Proposed Capital Campaign Timeline ----- ---_u .. Month May June Sept Oct Nov Dee Jan WeekT--------- m -~-Approve-Q\pitir - Campaign . Research Prospects . Prepare materials . Recruit lead gifts ------ ___n_--- ------______n- - ---------------------- Week 2 Week 3 Week 4 . R~sea~¡;-Pr¿;~p~~t; . Recruit lead- gi{~------~-R~~ruit r~~d-g{f~------ . Prepare materials . Prepare materials . Prepare materials -------------"..,. lEA lEA TBA Ribbon Cuttin Event? B. Critical steps jcly"----" --FODR1H-ÖF JuLY-----.Rec-ffiÍt lead glElS------- EVENT . Event planning . Recruit lead gifts preparation . Event planning re aratlon August. Fund Raising Kick off announcement . Event planning -----E..~~~tion ----- BREAK if needed. Yolunteer motivation _--!lleeting if needed . RecrUit gifts . Event planning re arauon lEA lEA lEA . Recruit lead gifts . Recruit gifts . Event pla~ning preparatIon . Recruit gifts . Event planning pn~p~E~!~!=!..~_----------- ---- --------- - --- . Recruit lead gifts . Modify Plan - -.RecruÍtI~a(rglfts . Event planning preparatton . Recruit gifts . Event planning preparation . Recruit gifts . Event planning _-..£!~paratlon -------- . Recovery BREAK . Revisit Plan, modify lEA lEA TEA----' lEA -~organization ~et~g-- - TEA Redefine goals, _~<:kI1()~I~~Z~£!o ress TBA lEA lEA . Recruit lead gifts . E vent planning preparatIon . Hire Staff if lanned . Recruit lead gifts . Event planning preparation . Recruit gifts . Event planning preparatlOn . Recruit gifts . Event planning re aratlon TEA based on plan modification HOLIDAY ------------ ----------- ----- HOLIDAY TBA 'IBA --------~---------- ---------______n_n___- lEA - ----~--------------- lEA ------------------------ 1) Finalize and approve fundraising plan 2) Steering committee meets and sets up Goals Table (see sample below) 3) Next... see if draft plan is on right track first. &~ --,----______m- TBA TBA Conclude 7 5.D CITY OF FEDERAL WAY CITY COUNCil PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: May 2, 2005 Kelli D'Donne I CD G Coordinato~ David Mosele anager Amend 2005 BG Allocation to Federal Way Community Center for Senior Nutrition & Health Improvement Project Policy Question: Should the 2005 Community Development Block Grant (CDBG) allocation of $89,825 to the Federal Way Community Center for Senior Nutrition & Health Improvement Project be amended to pay for development costs such as permitting, mitigation fees and project management for the portion of the facility that will benefit seniors? BackQround: The City of Federal Way allocated $97,278 of 2005 CDBG funds for improvements to the new Federal Way Community Center that would specifically benefit seniors. The project was reduced to $89,825 after the final 2005 allocations to CDBG were passed by Congress. The original application was for the purchase and installation of kitchen and health equipment that would be used by seniors using the new facility. The improvements would have transferred and expanded the services currently available to seniors at the Klahanee lake Community Center to the larger new facility. At the time of application, it was anticipated that the new Community Center would be completed in October of 2006. Since application, the schedule for the project has been revised and the Community Center is not scheduled to be completed until December 2006. Each November, entitlement communities are evaluated by the US Department of Housing and Urban Development (HUD) on timeliness of expenditures. An entitlement must have less than 1.5 times the amount of their annual entitlement in their line of credit to pass the "timeliness" test. When entitlements fail this test and are found to be "untimely" in spending CDBG funds, HUD may impose sanctions including reducing the next allocation by 30% of the amount the entitlement is over the 1.5 limit. The Consortium failed the timeliness test in 2003 and barely met the test in November of 2004. As part of the Consortium's workout plan with HUD, the Consortium reduced the amount of time capital projects have to be completed t017 months from the start of the program year that funds were awarded, which would be May 2006 for the Senior Improvements. The prior policy allowed two years and extensions were frequently granted. While it may be possible to receive an extension, it is unlikely that the Joint Recommendation Committee (JRC) would be in favor of delaying the expenditure of 2005 CDBG funds until late 2006 due to the recent history of the Consortium in not spending CDBG funds within the HUD requirements. Since the project will not be completed within the Consortium policies, funds from this project should be allocated to a project that can utilize the funds by May of 2006. The projec~ could be canceled and funds re-allocated per the 2005 CDBG Contingency Plan (Attachment 1). The Federal Way Housing Repair Program is the first priority for additional 2005 CDBG capital funds up to $87,815. The remaining $2,010 would go to the Pediatric Interim Care Center (PICC) Newborn Nursery as the second priority. If the PICC project is complete, the $2,010 would be allocated to the Boys and Girls Club of King County Youth Development u-\ Disadvantages: . Changes to the King County CDBG Consortium may limit the number of capital projects that can be funded by Federal Way alone in 2006. If the Commission and Council choose to fund the construction phase of the Senior Improvements to the Community Center, there may not be CDBG funds available for other capital projects serving Federal Way exclusively; 2. Cancel the 2005 CDBG award for project CO5027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and consider funding construction of the project as part of the 2006 CDBG capital allocation process; and, award the funds per the 2005 CDBG Contingency Plan. Advantaqes: . Provides additional funding for housing repair to Federal Way residents and capital projects approved in the 2005 CDBG allocation process; - DisadvantaQes: . Limits the amount of CDBG funding available to support the Senior Nutrition and Health Equipment for the new Federal Way Community Center to construction costs; Staff Recommendation: Staffrecommends Option 1 because the new Community Center will benefit Federal Way seniors with expanded services. - . , Commission Recommendation The Human Services Commission voted unanimously on April 18, 2005, to forward option 1 to the Parks, Recreation, Human Services and Public Safety Committee for recommendation to the full Council. Committee Recommendation Forward option ~ to the full City Council for consideration at the May 17, 2005, City Council meeting. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. ApPROVAL OF COMMITTEE REPORT: ._"""" .." ." ,.- - ComrnitteeChair .'. Committee Member Committee Member " . """"",-_u_,--""""""",., ......"..-........... .--.-.- .. ".------.-... 1)-L M2Pted 09/07/04 Attachment 1 CITY OF FEDERAL WAY 2005 CDBG CONTINGENCY PLAN The allocation process for 2005 Community Development Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2005 CDBG funds. The City will not know its exact grant amount until after Congress passes the HUD Appropriation Bill. This is expected to occur by December 2004. For this reason, the allocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount and/or any additional funds received as the result of project cancellations or additional recaptured funds. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply any increase in the amount of CDBG capital funds as follows: 1. Additional capital funds available, up to $82,656, will be allocated to the Federal Way Housing Repair Program administered by the King County Department of Community and Human Services up to a total allocation of $150,000; and, 2. Should the above project be funded to the stated level and any additional capital funds be available, up to $25,000 will be allocated to the Pediatric Interim Care Center for the Newborn Nursery building up to the total request for $75,000; and 3. Should the above projects be fully funded and any additional capital funds be available, up to .. $49,999, will be allocated to the Boys and Girls Club of King County for the Federal Way Youth Development Center up to the total request for $199,999; and 4. If additional capital funds are received, funds will be carried over to the 2006 CDBG program year unless the Human Services Commission requests new applications for funds and/or additional Council action is taken to allocate funds. Public Service Programs - The City will apply any increase in the amount of CDBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated equally between the MultiCare Health System-for the Adult Day Health Auburn program and the' Federal Way Norman Center for the CARES Program until each program reaches the total amount requested for 2005; and, 2. If an additional $10,000 of public service funds become available after the first contingency is fully funded, funds will be allocated to Catholic Community Services for the Katherine's House Transitional Housing program; and, 3. If less than $10,000 of public service funds become available and/or any additional public service funds are received after the second contingency is fully funded, funds will be allocated to 2005 CDBG Capital projects in accordance with the priority order listed above. Planning and Administration - The City will apply any increase in the amount of CDBG planning and administration funds as follows: . 1. Any additional funds for planning and administration activities will be allocated.to Planning and Administration to cover administrative costs for Federal Way's CDBG program; and 1)--3 ~BGI Commun¡¡yçrrExpenses P';ë1'1 Attachment 2 From: To: Date: Subject: Mary Faber - Kelli ODonnell 4/13/200510:22:51 AM Fwd: CDBGI Community Ctr Expenses B, has put together a spreadsheet that includes all of the CDBG eligible costs using the following criteria: ' - ' The dates of the contract are January 1, 05 through May 31, 2006. We are asking for re.,imbursement of soft costs~ planning, project administration (i.e. project management, permits, utility hookups). Only expenses incurred during the grant period are eligible. -The soft costs that require a competitive bid process must be competitvely bid and awarded during the grant eligilibilty dates. So, for instance, if a contract was awarded prior to 2005 no cost associated wlthat contract-is eligible. We did ask the question as to ' whether we may have had a competitive bid process in 2004 but the contract was awarded in OS-If that is eligible. - , -Any soft costs that are associated w/non-competitve bids such as permits, utility hookups, etc that will be paid during the grant dates are eligible. '-City staff costs (B's) are not a good match for this grant as we would need to provide hourly break downs - charged to the program via HR and we do not track time in the same way. -Our assesment of Senior spaces is the following: -The Senior lounge (1,475 sq. ft) -Two bays of the Community Rooms (M-F) day use (2,924 sq ft) -The game lounge (M-F) day use (461 sq It) -Kitchen' (food prep M-F) day use (737 sq. ft) Mary Faber, .community and Cul!ural Services Superintendent Mary Faber, Community and Cultural Services Superintendent City of Federal Way P.O. Box 9718 Federal Way, WA 98063~9718 mary. faber@cityoffedera/way.com - (P) (253) 835~920 ( F) (253) 835-6934 'Cc: Aaron Moe; Betty Sanders D-Y 'S.£ CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: coordinat~ nager titlement Update Every three years the City of Federal Way has the option to receive Community Development Block Grant (CDBG) funds directly from the Federal government or as a pass-through from the King County CDBG Consortium. Federal Way must notify the Department of Housing and Urban Development (HUD) and King County by mid-2005 of how we choose to receive CDBG funds for the 2006-2008 period. : Staff has been negotiating a tentative agreement with King County to continue participation in the CDBG Consortium for the 2006-2008 period with shared administration of the program. Details of the proposed agreement are included in the attached information from the Human Services Commission meetings of April 18, 2005, and May 2, 2005, and will be reviewed with the Committee at the May 9 meeting. Please contact me at (253) 835-2653 or kelli.odonnell@).citvoffederalwaV.com if you have any questions regarding this item prior to the meeting. E-\ CITY Of A Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: May 2,2005 Human Services Commission ~ ~ Kelli O'Donnell, CDBG Coordinato - CDBG Direct Entitlement Updat The Federal 2006 CDBG Budget: The Congressional Appropriation Committees have been consolidated so that both the Senate and House funding decisions for CDBG, transportation programs and Section 8 Vouchers will be handled in the same subcommittee. Once the funding level for each Appropriation Committee is set, the Committee will be charged with dividing the funding among the programs. Transportation has not been considered on the same appropriation committee as the Department of Housing and Urban Development programs in the recent past. Entitlement Cities Negotiations with King County: The cities of Federal Way, Renton, and Shoreline have continued to negotiate with King County to participate in the King County CDBG Consortium as Joint Agreement Cities. A tentative agreement has been reached to share administration of the program. The details of the agreement have been summarized in the attached memorandum from Angelina Allen-Mpyisi. This is essentially the Cities Counter Proposal that was presented at the April 18 Human Services Commission Agreement with the addition of a capital project management charge by King County of up to 2% of capital funds. A copy of the spreadsheet comparing the County's proposal and the actual funding for Federal Way in 2005 is attached for reference. Below is the comparison of funds available for Federal Way Projects in each CDBG category if funding remains at the 2005 level: Funding Category: Public Service Housing Stability Program Available for Allocation Total Public Service Funds Planning & Administration Federal Way Funds FW Funds KC Consort Admin Total Planning & Admin Capital Projects Housing Repair Program Available for Allocation Total Capital Available Capital - Proj Mgmt Charge Total Available for Projects jPS + Capital - Proj Mgmt) 2005 - 2006 L $34,500 $107,254 $141,754 $43,431 $86,861 $130,292 $67,753 $150,267 $218,020 $86,861 $86,861 $173,722 $62,185 $461,998 $524,183 $217,153 $362,789 $579,942 ($17,372) $692,862 $665,937 Page 1 of 3 E-3 King County staff is in the process of drafting contract language for approval by Joint Agreement Cities. Staff Recommendation on Continued Participation Consortium vs. Direct Entitlement: Human Services staff met with the City Manager and Directors of Community Development and Finance to review the tentative agreement with King County. Staff and Administration are recommending continued participation in the King County CDBG Consortium for the following reasons: . The Federal allocations for the CDBG program are likely to decrease from the 2005 level over the 2006-2008 period. Future funding cuts could result in Federal Way's general fund subsidizing the program. . Although 2005 funding levels would allow for direct staffing of the program, indirect costs to other departments such as Finance and the City Attorney's Office are difficult to calculate and charge to the program. . The proposal addresses a number of concerns identified during the past four years of the partnership with King County including stabilizing the amount of Federal Way's CDBG allocation that can be utilized by King County for administration of the CDBG Consortium and the amount available for local administration. . The proposal will increase the amount of funds available for projects and programs benefiting Federal Way residents over 2005. The recommendation to continue participation in the Consortium is subject to receiving a written proposal from King County, preferably in an Interlocal Agreement that includes the elements discussed. King County CDBG Consortium: On April 28, 2005, the Joint Recommendation Committee (JRC) adopted the new organization of the King County CDBG Consortium. The 12 cities that are not large enough to receive their own entitlement will no longer receive a pass-through of CDBG funds to allocate. Instead, sub- regional allocations will be made for South King County and North/East King County. Each sub- region will form an advisory committee with participating cities each having a representative to determine funding priorities and allocations. The JRC will be charged with ensuring geographic fairness over the 3-year period in allocation of CDBG funds. What this means for South King County is that the only cities allocating CDBG funds directly will be Auburn, Kent, Renton, and Federal Way. All other cities that choose to participate in the CDBG Consortium will allocate funds through the sub-regional process. Non-entitlement cities may "opt out" of participating in the Consortium, which means that their share of CDBG funds will not be allocated to King County by Hun. Next Steps: A letter from King County notifying Federal Way of the opportunity to participate in the King County CDBG Consortium was mailed on Friday, April 30, and is expected to be received today. Federal Way must notify King County by May 27, 2005, of our intent to continue in the Consortium or return to direct entitlement. An extension will be requested so that we can finalize negotiations with King County and take a recommendation to the Human Services Commission for consideration and through the Council process. A time line is being developed Page 2 of 3 E-~ based on the current negotiations. A draft time line is attached and will be reviewed with the Commission at today's meeting. It is recommended that the Human Services Commission meeting of May 16, 2005, be moved to May 23, 2005, to allow additional time so that a written agreement with King County can be brought forward for consideration. Staff will be briefing the Parks, Recreation and Human Services Committee at their May 11 meeting on the status of negotiations. Please contact me at (253) 835-2653 or kelli.odonnell@cityoffederalwav.com if you have any questions regarding this item. Page 3 of 3 E-5 Attachment A - May 1, 2005 ~ CITVOF ", !:õ' Federal Way MEMORANDUM SUBJECT: April 25, 2005 Human Services Commission Angelina Allen-Mpyisi, Human Services Manager Kelli O'Donnell, CDBG Coordinator Briefing Meeting DATE: TO: FROM: Kelli and I would like to invite Commissioners to attend a briefing meeting that we have scheduled with Kevin King, Commission Chair and Stephn McNeal, Vice-Chair for Monday, May 2 at 12noon here at City Hall in the Hylebos Conference Room (2nd Floor). The purpose of the meeting is to inform them of our final negotiations with King County on a proposed new Joint City Interlocal Agreement for the Community Development Block Grant (CDBG) Program and to update them on our April 21 meeting with the City Manager concerning this issue. By way of background at the last Human Services Commission meeting, Kelli gave a CDBG Direct Entitlement update concerning the three options that Federal Way must consider: . Option 1 - The City self-administers the CDBG program as a direct entitlement. Option 2 - The City re-negotiates the Joint City Interlocal Agreement to remain in the King County CDBG Consortium and splits administration funds to manage the CDBG program. Option 3 - The City gives its CDBG funds to the King County CDBG Consortium to administer the program. . . Under Option 2 the City of Federal Way has been negotiating with King County along with the other Joint Agreement Cities (Renton and Shoreline) to come up with a proposal that all parties could agrèe to. Initially, King County proposed: . The County receives 12% of funds available for planning and administration. . Joint Agreement Cities (Federal Way, Renton and Shoreline), receive 8% of funds available for planning and administration, and take on additional responsibilities currently being handled by the County. . The Housing Stability Program is funded at 5% of funds available for public services. . The Housing Repair Program is funded at 30% of the Joint Agreement Cities Entitlement. The Joint Agreement Cities (JAC) prepared a counter proposal, which consisted of the following: . The County receives 10% of funds available for planning and administration, and is allowed to charge project management costs to capital projects. . The JAC receive the same split (10%) for planning and administration, and agrees to take on additional responsibilities to assist with sub-regional allocations. . The Housing Stability Program is funded at 5% and the Housing Repair Program is funded at 25% of the JAC Entitlement. E-\ . The JAC continue to maintain autonomy in allocating remaining public service and capital funds and agrees to fund no more than two local capital projects with only one that triggers Davis- Bacon. The County continues to handle administrative responsibilities for Davis-Bacon and any financial liability for any unforeseen Davis-Bacon and/or relocation expenses would be the responsibility of the agency applying for CDBG funding. . Additional capital funds would be allocated to projects funded by the Consortium in the sub- regional process and the JAC would have input on how those funds are allocated sub- regionally. Please RSVP to me by Friday, April 29 to let us know if you would like to be a part of this briefing. Lunch will be provided. If you have any questions you can contact us at angelina.allenmpyisi@cityoffederalway.com or kelli. odonnell@cityoffederalway.com. &-8 Attachment B. May 1, 2005 King County Proposal for Joint Agreement Cities P & A Comparison Example of King County Joint Agreementj»roposal Based on 2005 Balance of Cap Recaptured Housing Housing Available For Balance Funds Joint 2005 2005 Program Total for % Stability Repair KC Admin Public Available for Available for Total Available A!lreement City Entitlement Income Calculations ProQram 5% Program 30% Fee 12% City Admin 8% Service 10% Capital Capital for Capita! Federal Way $ 818,405 $ 50,208 $ 868,613 $ 43,431 $ 260,584 $ 104,234 $ 69,489 $ 86,861 $ 304,015 $ 15,344 $ 319,359 Renton $ 516,521 $ 7,463 $ 523,984 $ 26,199 $ 157,195 $ 62,878 $ 41,919 $ 52,398 $ 183,394 $ 70,088 $ 253,482 Shoreline $ 402,008 $ 94,055 $ 496,063 $ 24,803 $ 148,819 $ 59,528 $ 39,685 $ 49,606 $ 173,622 $ - $ 173,622 Cities Cou nter Proposal - 10% County 10% City P&A - Joi nt Agreementf)roposal Based on 2005 Balance of Cap Recaptured Housing Housing Available For Balance Funds Joint 2005 2005 Program T ota! for % Stability Repair KC Admin City Admin Public Available for Available for Total Available AQreement City Entitlement Income Calculations Program 5% ProQram 25% Fee 10% 10% Service 10% Capita! Capita! for Capital Federal Way $ 818,405 $ 50,208 $ 868,613$ 43,431 $ 217,153 $ 86,861 $ 86,861 $ 86,861 $ 347.445 $ 15,344 $ 362,789 Renton $ 516,521 $ 7,463 $ 523,984 $ 26,199 $ 130,996 $ 52,398 $ 52,398 $ 52,398 $ 209,594 $ 70,088 $ 279,682 Shoreline $ 402,008 $ 94,055 $ 496,063 $ 24,803 $ 124,016 $ 49,606 $ 49,606 $ 49,606 $ 198,425 $ - $ 198,425 Actuals for 2005 under Current System Housing Housing Recaptured Total Stability Repair KC Admin City Admin - Balance Funds Joint 2005 2005 Program Entitlement + Program Pro Program - City Fee - Pro Pro Rata after Public Available for Available for Total Available AQreement City Entitlement Income PfOQram Inc Rata Decision Rata Share KC Admin Service Capital Capital for Capital Federal Way $ 818,405 $ 50,208 $ 868,613 $ 34,500 $ 62,185 $ 150,267 $ 67,753 $ 107,254 $ 446,654 $ 15,344 $ 461,998 Renton $ 516,521 $ 7,463 $ 523,984 $ 20,730 $ 47,878 $ 90,291 $ 40,685 $ 64,406 $ 20,109 $ 70,088 $ 90,197 Shorefine $ 402,008 $ 94,055 $ 496,063 $ 19,800 $ 117,417 $ 86,240 $ 38,859 $ 61,514 $ 49,315 $ - $ 49,315 m ~ Attachment B - May 1, 2005 County Proposal 12% County /8%City Split P&A Only -10% Reduction to Entitlement (Assumes_P!~ram Income Same) City Counter Proposal 10% County /10%City Split P&A Only -10% Reduction to Entitlement ~uumesProgramlncomeSam~ Joint 2005 2005 Program Total for % KC Admin Agreement City Entitlement Income Calculations Fee 12% City Admin 8% Federal Way $ 736,565 $ 50,208 $ 786,773 $ 94,413 $ 62,942 Renton $ 464,869 $ 7,463 $ 472,332 $ 56,680 $ 37.787 Shoreline $ 361,807 $ 94,055 $ 455,862 $ 54,703 $ 36,469 Joint 2005 2005 Program Total for % KC Admin Fee Agreement City Entitlement Income Calculations 10% Crtv Admin 10% Federal Way $ 736,565 $ 50,208 $ 786,773 $ 78,677 $ 78,677 Renton $ 464,869 $ 7,463 $ 472,332 $ 47,233 $ 47,233 Shoreline $ 361,807 $ 94,055 $ 455,862 $ 45,586 $ 45,586 County Proposal 12% County /8%City Split P&A Only - 20% Reduction to Entitlement - (Assurrl~s Program Income Same) City Counter Proposal 10% County /10%City Split P&A Only - 20% Reduction to Entitlement (Assllmes Progra_m Income Same) Joint 2005 2005 Program Total for % KC Admin Agreement City Entitlement income Calculations Fee 12% City Admin 8% Federal Way $ 654,724 $ 50,208 $ 704,932 $ 84,592 $ 56,395 Renton $ 413,217 $ 7,463 $ 420,680 $ 50,482 $ 33,654 Shoreline $ 321,606 $ 94,055 $ 415,661 $ 49,879 $ 33,253 Joint 2005 2005 Program Total for % KC Admin Fee Agreement City Entitlement Income Calculations 10% Crtv Admin 10% Federal Way $ 654,724 $ 50,208 $ 704,932 $ 70,493 $ 70,493 Renton $ 413,217 $ 7,463 $ 420,680 $ 42,068 $ 42,068 Shoreline $ 321,606 $ 94,055 $ 415.661 $ 41,566 $ 41,566 County Proposal 12% County 18%City Split P&A Only - 30% Reduction to Entitlement (Ass.!lmeS Program Income Sam_'!l City Counter Proposal 10% County /10%City Split P&A Only - 30% Reduction to Entitlement (Auumes Program Income Same} Joint 2005 2005 Program Total for % KC Admin Agreement City Entitlement Income Calculations Fee 12% City Admin 8% Federal Way $ 572,884 $ 50,208 $ 623,092 $ - 74,771 $ 49,847 Renton $ 361,565 $ 7,463 $ 369,028 $ 44,283 $ 29,522 Shoreline $ 281,406 $ 94,055 $ 375,461 $ 45,055 $ 30,037 Joint 2005 2005 Program Total for % KC Admin Fee Agreement City Entitlement Income Calculations 10% City Admin 10% Federal Way $ 572,884 $ 50,208 $ 623,092 $ 62,309 $ 62,309 Renton $ 361,565 $ 7,463 $ 369,028 $ 36,903 $ 36,903 Shoreline $ 281,406 $ 94,055 $ 375,461 $ 37,546 $ 37,546 {) - ~ ill Attachment C - May 1, 2005 Time Line - Notification to King County of Participation in Consortium Tentative A reement Reached Notification by King County Intent to Partici ate in Consortium Written A reement from KC Finalize Ne otiations for Interlocal Interlocal from King County review by Cit Attorne 's Office Recommendation to Human Services Commission Deadline to Notif Kin Count Request Extension to Jul 15? Human Services Commission Recommendation to PRHS&PS Cit Council Consideration If needed, Second City Council Meetin A ril20, 2005 April 29,2005 (Not yet received) Ma 2-6 Ma 9-13 May 16-20 May 23, 2005 Ma 27, 2005 Ma 27, 2005 June 13, 2005 June 21, 2005 July 5, 2005 b-Il CITY OF ~ Federal Way MEMORANDUM DATE: April 14, 2005 TO: Human Services Commission ~ FROM: Kelli O'Donnell, CDBG Coordinat~ .~r) - SUBJECT: CDBG Direct Entitlement Update The President's 2006 Budget: The Senate budget supports full funding for CDBG. The House budgetsupports the President's budget which eliminates CDBG. The Senates strong support of CDBG suggests a strong constituency for the program. The next key decision in the budget process is to get the full funding for CDBG into the appropriations (Omnibus) bill. South King County Human Service agencies are working to gain support from national organization(s), Senators and Congressmen to continue the CDBG program with stable funding. Options for Consideration: Based on prior year notifications from HUD, Federal Way must make a decision to remain in the King County CDBG Consortium for the 2006-2008 period or return to direct entitlement status by approximately May 30, 2005, unless an extension is granted from King County and HUD. Staff has been working with King County on securing 'an extension. As has been previously discussed, Federal Way has three options to consider and will review additional information on each option that has been received with th~ Commission as follows: A. - The City self-administers the CDBG program as a direct entitlement. . The attached staffing scenarios (attachment 1) will be reviewed with the Commission at the meeting. The scenarios are drafts only to consider staffing requirements and the impacts of further reductions to the CDBG program during the 2006-2008 time frame. Salaries and benefits do not project annual increases. B. The City joins the King County CDBG Consortium and partners with the County to administer the program and splits administration funds available to administer the program. Negotiations are underway between the joint agreement cities (Federal Way, Renton and Shoreline) and King County on a new interlocal agreement for joint agreement cities in the CDBG Consortium for the 2006-2008 period. ttachment 2 is the proposal from King County on alternatives for joint agreement cities. . King County has proposed: 1. The County receives 12% of funds available for planning & administration. 2. The City receives 8% of funds available for planning & administration and takes on additional responsibilities. 3. Housing Stability is funded at 5% of funds available for public services. 4. Consortium-wide Housing Repair is funded at 30% of the City's entitlement. ~-13 Page 1 of 2 5. The City maintains autonomy in allocating remaining public service and capital funds. The City contracts for public service projects and local capital projects and the County contracts for regional capital projects. 6. The City would take on additional administrative responsibilities for Davis Bacon on local projects and financial liability for unforeseen Davis-Bacon and/or relocation expenses. . The Cities are preparing the following counter proposal to King County: 1. The County receives 10% of funds available for planning & administration and is allowed to charge project management costs to capital projects. 2. The City receives 10% of funds available for planning & administration and takes on additional responsibilities to assist with sub-regional allocations. 3. Housing Stability is funded at 5% of funds available for public services. 4. Consortium-wide Housing Repair is funded at 25% of the City's entitlement. 5. The City maintains autonomy in allocating remaining public service and capital funds but agrees to fund no more than two local capital projects with only one that triggers Davis-Bacon. Additional capital funds would b~ allocated projects funded by the Consortium in the sub-regional process. The City contracts for public service projects and economic development projects and the. County contracts for all capital projects. 6. The City would not take on additional administrative responsibilities for Davis Bacon. Financial liability for unforeseen Davis-Bacon and/or relocation expenses would be the responsibility of the applicant. Attachment 3 is a spreadsheet that will be reviewed with the Commission detailing how the above proposals would compare to the 2005 allocation by category and impacts on the planning and administration funds if the CDBG program is reduced by Congress. - C. A meeting with King County to continue negotiations cannot take place until after April 18 due to vacation schedules. The City gives the CDBG funds to the King County CDBG Consortium to administer the program. . Attachment 4 is the proposal being considered for the King County CDBG Consortium pass-through cities. Aspects of the proposal such as the amount set aside for the Housing Stability Program and Housing Repair Program could impact the joint agreement cities of Federal Way, Renton and Shoreline. - Option 2 has the most support from Consortium cities although concern has been expressed about giving up local allocations and administration at the City Manager's meeting. Agencies have been invited to a meeting on April 19 to review the options and give input before the proposals are presented to the Joint Recommendation Committee (JRC). The JRC is scheduled to review the proposal on April 20 and make recommendation on the Consortium administration on April 28. Please contact me at (253) 835-2653 or kellLodonnell ci offederalwa .com if you have any questions regarding this item. E?-IL( . Page 2 of2 DR AFT - FOR DISCUSSION PURPOSES ONLY Position" Human Services Manager Grant Coordinator Adm1f1istrative Assjstant I Human Services Planner Sub-Total Personnel OfficelOperating Supplies Legal Advertfsing Memben¡hips Travel & Training Sub-Total Operating Expenses Direct Entitlement Personnel Scenario 1 City of Federal Way CDBG - HS Planner Draft Planning & Administration Budget 2006 Actual 10% Reduction 20% Reduction 30% Reduction 818,4D5.00 $ 736,564.50 $ 654,724.00 $ 572,883.50 163,561.00 $ 147,312.90 $ 130,944.80 $ 114,576.70 Anl1ual EntiUemel1t* $ Ptanning & Admin Cap $ 2005 Salary Benefits Total Salary FTE CDBCDBG Expense $ 63,576.00 $ 15,512.54 $ 79,088.54 0.15 $ 11,863.28 $ 52,793.00 $ 12,881.41) $ 85,674.49 1 $ 65,674.49 $ 35,712.00 $ 8,713.73 $ 44,425.73 0.5 $ 22,212.86 $ 51,480.00 $ 12,561.12 $ 84,041.12 0.5 $ 32,020.56 $ 203,561.00 $ 49,668.88 $ 253,229.88 2.15 $ 131,771.20 $ 250.00 $ 1,450.00 $ 1,000.00 $ 7,000.00 $ 9,700.00 $ 141,471.20 $ 22,209.80 $ Total Expenses Under (Over) Expenses Charged to Capital Project(s HS Planlier. SEPA Review Capital Projects Actual Time Grant Coordinator. Capital Project Management Actual Time 'Based on 2005 HUD Actual Allocation **Based on 2005 Salaries 5,841.70 $ (10,526,40) $ (26,894.50) ?? ?? m \ .-- lJl Direct Entitlement Personnel Scenario 2 - Proj Mgr City of Federal Way CDBG Draft Planning & AdminIstration Budget Position Human Services Manager Grant Coordinator Administrative Assistant I Project Manager Sub-Total Personnel Office/Operating Supplies Legal Advertising Memben¡hips Travel & Training Sub-Total Operating Expenses Total Expenses 2005 Salary $ 63,576.00 $ 52,793.00 $ 35,712.00 $ 51,480.00 $ 203,581.00 Benefits $ 15,512.54 $ 12,881,49 $ 8,713.73 $ 12,561.12 $ 49,668.88 Under (Over) Ðtpenses Charged to Capital Project(s) Consultal1t - SEPA Review (6 capital projects @ $5,000 each) Gral1t CoordinatorlProject Manager. Capital Project Management ActuaJ Time "Based on 2005 HUD Actual Allocation 2005 Actual Annual Entitlement. $ 818,405.00 Plannin9 & Admin Cap $ 183,681.00 Total Salary FTE CDBCDBG Expense $ 79,088.54 0.15 $ 11,863.28 $ 65,674,49 1 $ 65,674,49 $ 44,425.73 0.5 $ 22,212.86 $ 64,041.12 0.5 $ 32,020.56 $ 253,229.88 2.15 $ 131,771.20 $ 250.00 $ 1,450.00 $ 1,000.00 $ 7,000.00 $ 9,700.00 $ 141,471.20 $ 22,209.80 $ 10"k Reduction 20% Reduction 30% Reduction $ 738,564.50 $ 654.724.00 $ 572,883.50 $ 147,312.90 $ 130,944.80 $ 114,576.70 5,841.70 $ (10,526.40) $ (26,894.5O) $ ?? 30,000.00 ~ Q) 0 =r 3 m ::J ~ -.Jo. 4/1312005 Attachment 2 Tentative Alternatives for Joint Agreement Cities (Federal Way, Renton, Shoreline) The Joint Agreement cities are the three large cities that qualify to receive an entitlement directly from HOD, but have chosen instead to enter into JointAgreements with King County, whereby King County agrees to administer their funds and to be accountable to HOD on their behalf. The Joint Agreements all expire at the end of2005. These three cities have the option of administering their OWIl entitlement funds, or entering into another Joint Agreement with King County for the 2006-2008 period. Joint Agreement, Alternative 1: Participation on the Same Basis as the Regular Consortium Cities. This decision would be a 3-year decision, coinciding with the HUD time period for interloeal agreements. (See alternatives for the regular Consortium cities. ) Joint Agreement, Alternative 2: Modified Pass-through. This decision would also be a 3-year decision, coinciding with the HUD time period for interlocal agreements. Under , this alternative, the city would receive, for allocation to local projects according to local discretion, the same amount it would receive under the HUD entitlement formula, plus their fair share of any Consortium-wide program income (e.g., from CD Interim Loans), plus any program income from its residents' housing repair loan repayments, plus other program income that may be generated by a city-funded project (to be referred to in total as the city's "entitlement plus program income"), LESS the following: . An amount equal to 5% ofthe city's entitlement plus program income would be reserved for the Consortium-wide Housing Stability program. (This means that an amount equal to 10% would be available for the city to allocate to other human services. ) . An amount equal to 30% of the city's entitlement plus program income would be reserved for the Consortium-wide housing repair program. . An amount equal to 12% of the city's entitlement plus program income would be reserved by the county for administration, fund management, etc. This means that an amount equal to 8% of the entitlement plus program income would be available for the city's local program planning and administrative responsibilities. [Note the difference from past practice-the county would limit itself to a pre-set percentage of 12%, rather than a share of the County's actual Admin costs as in the past (and which had grown to 16% in 2005). In exchange for limiting its admin charges, the county needs to limit its administrative responsibilities. There needs to be a clear division of labor, with the City clearly assuming additional responsibility for some duties. See Division of Labor, below.) Division of Labor 1. Program Planning: . The city will bear all responsibility for local annual program planning, using financial projections that will be provided by the county. This 1 'b- ) "\ means the city will be ensuring that all selected projects (1) are an eligible activity, (2) meet a national objective, (3) are consistent with the Consolidated Plan and all applicable JRC policies (project minimums, timeliness standards, etc.). This also means ensuring (4) that the public participation requirements are met and documented, (5) that the information is submitted to the County in enough time to allow for the Consortium to meet HUD timelines, and (6) that any subsequent changes to the local program are submitted to the County with sufficient lead time (specifically, changes to the local program that require the County to amend budget amounts and/or submit an amendment to the Annual Action Plan after it has been submitted to HUD will only be accepted November through June. Budget amendments received by the _th day of the month will be effective on the ]$t day of the next month. ' . The County will bear responsibility for the HUD-related portions of program planning: (1) preparing and submitting the Annual Action Plan and application to HUD, (2) preparing and submitting amendments to the Annual Action Plan, (3) setting up the projects in the HUD IDIS system, (3) preparing and submitting all other HUD-required planning documents (Consolidated Plan and any amendments; the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan; the Homeless Continuum of Care Plan and the Homeless Management Information ,System; the Lead Paint Hazard Reduction Plan; etc.) 2. Environmental review: County responsibility; a County official will be the certifying official for environmental review, and will request release of funds from HUD. City will assist in furnishing information needed for environmental review. 3. Contracting: . The County will prepare the contract with the city for all projects, including in the contract all federal and JRC requirements. . Subcontracts with third parties: The City will be responsible for these, with involvement of County on federal labor standards and relocation (see below). County may contract directly with the third party only if other KC Consortium dollars are going into that third party's project. . Contract compliance: City. The city will assume all responsibility for third parties meeting contractual requirements, except for labor standards and relocation, where responsibility will be shared with the county (see below). If federal requirements have an unforeseen budget implication (for example, if the city has not foreseen the need for relocation) the city will be responsible for the increased budget. 4. FederalLabor Standards: . County will determine appropriate wage rates for inclusion in the construction bids and contracts, and hold preeonstruction conferences with contractors, which city staff will also be required to attend. . City will be responsible for reviewing and approving weekly certified contractor payrolls (wage rates, benefits, proper apprentice-journey ratios, etc.), and for submitting information for the semi-annual 2 &-i~ contractor/subcontractor report and the Section J report to HUD. County will provide training. 8 City will enforce contractor compliance with federal labor standards by approving the certified payrolls BEFORE city pays construction draws. County will reimburse city rather than pay the contractor directly. If City has mistakenly paid a construction draw, City will be responsible for rectifying any problems. . If additional enforcement actions are necessary, the City will contact the County. 5. Unifonn Relocation Act/BameyFrank: City is responsible for identifying proposed projects that may trigger relocation and replacement housing requirements, and for budgeting sufficient fund,s in the project up front to address these issues. County can provide advice and technical assistance if consulted ahead of time. County will handle any necessary relocation processes. 6. FinanciallFund Management: County will be responsible for contracting with HUD for the grant funds; recording and tracking loan repayments and other program income; detennining funds available under the caps; setting up and drawing down from IDIS; paying vouchers submitted by the city; doing budget revisions upon amendment; reconciling balances, program income, and funds available for carry over or reallocation at year's end; tracking overall . expenditure rate; financial reporting to HUD, etc. 7. Reporting: -8 City would report accomplishments on each project . County would prepare all reports to HUD: CAPER; semi-annual reports on contracting/subcontracting, Section 3, and labor standards; quarterly Federal Cash Transaction Reports; etc. - . County would report quarterly on capital project status and on housing repair activity. The Housing Stability program report will continue to be submitted annually, although we may be able to require the agencies to report more frequently on the geographic location of clients served. 8. Monitoring: . City would monitor the agencies with which it subcontracts. 8 County would monitor the city (and may monitor selected subcontracting agencies). County staff envisions quarterly meetings to monitor, provide technical assistance, and discuss capital project status. 8 County would be monitored by HUD, by the State Auditor, and by the HUD Inspector General (note that they may in turn monitor some of city's projects). E-l~ 3 King County Proposal for Joint Agreement Cities P & A Comparison Example of King County JointAgreement Proposal Based-on 2005 Balance of Cap Recaptured Housing Housing Available For Balance Funds Joint 2005 2005 Program Total for % Stability Repair KC Admin Public Available for Available for Total Available Agreement City Entitlement Income Calculations Program 5% Program 30% Fee 12% City Admin 8% Service 10% Capital Capital for Capital Federal Way $ 818,405 $ 50,208 $ 868,613 $ 43,431 $ 260,584 $ 104,234 $ 69,489 $ 86,861 $ 304,015 $ 15,344 $ 319,359 Renton $ 516,521 $ 7,463 $ 523,984 $ 26,199 $ 157,195 $ 62,878 $ 41,919 $ 52,398 $ 183,394 $ 70,088 $ 253,482 Shoreline $ 402,008 $ 94,055 $ 496,063 $ 24,803 $ 148,819 $ 59,528 $ 39,685 $ 49,606 $ 173,622 $ - $ 173,622 Cities Counter Proposal - 10% County 10% City P&A - Joint Agreement ProPQsal Based on 2005 Balance of Cap Recaptured Housing Housing Available For Balance Funds Joint 2005 2005 Program Total for % Stability Repair KC Admin City Admin pubnc Available for Available for Total Available Agreement City Entitlement Income Calculations Program 5% Program 25% Fee 10% 10% Service 10% Capital Capital, for Capital Federal Way $ 818,405 $ 50,206 $ 868,613 $ 43,431 $ 217,153 $ 86,861 $ 86,861 $ 86,861 $ 347,445 $ 15,344 $ 362,789 Renton $ 516,521 $ 7,463 $ 523,984 $ 26,199 $ 130,996 $ 52,398 $ 52,398 $ 52,398 $ 209,594 $ 70,088 $ 279,682 Shoreline $ 402,008 $ 94,055 $ 496,063 $ 24,803 $ 124,016 $ 49,606 $ 49,606 $ 49,606 $ 198,425 $ - $ 198,425 IT) Actuals for 2005 under Current System Housing Housing Recaptured \ Total Stability Repair KC Admin City Admin - Balance Funds ...... \ Joint 2005 2005 Program Entitlement + Program Pro Program - City Fee - Pro Pro Rata after Public Available for Available for Total Available \ - Agreement City Entitlement Income Program Inc Rata Decision Rata Share KC Admin Service Capital Capital for Capital --- Federal Way $ 818,405 $ 50,208 $ 868,613 $ 34,500 $ 62,185 $ 150,267 $ 67,753 $ 107,254 $ 446,654 $ 15,344 $ 461,998 Renton $ 516,521 $ 7,463 $ 523,984 $ 20,730 $ 47,878 $ 90,291 $ 40,685 $ 64,406 $ 20,109 $ 70,088 $ 90,197 Shoreline $ 402,008 $ 94,055 $ 496,063 $ 19,800 $ 117,417 $ 86,240 $ 38,859 $ 61,514 $ 49,315 $ - $ 49,315 - ., -" " ,--, - ,'- .-'_.. "... ~ .-to OJ 0 ::T 3 CD :J .-to VJ County Proposal 12% County 18%City Split P&A Only -10% Reduction to Entitlement (AsslJmes Program Income Same) City Counter Proposal 10% County 110%City Split P&A Only -10% Reduction to Entitlement {Assumes Program Income Same} Joint 2005 2005 Program Total for % KC Admin Agreement City Entitlement Income Calculations Fee 12% City Admin 8% Federal Way $ 736,565 $ 50,208 $ 786,773 $ 94,413 $ 62,942 Renton $ 464,869 $ 7,463 $ 472,332 $ 56,680 $ 37,787 Shoreline $ 361,807 $ 94,055 $ 455,862 $ 54,703 $ 36,469 Joint 2005 2005 Program Total for % KC Admin Fee Agreement City Entitlement Income Calculations 10% City Admin 10% Federal Way $ 736,565 $ 50,208 $ 786,773 $ 78,677 $ 78,677 Renton $ 464,869 $ 7,463 $ 472,332 $ 47,233 $ 47,233 Shoreline $ 361,807 $ 94,055 $ 455,862 $ 45,586 $ 45,586 County Proposal 12% County 18%City Split P&A Only - 200/. Reduction to Entitlement (Assumes P.f'C)9ram Income Same} City Counter Proposal 10% County 110%City Split P&A Only - 20% Reduction to Entitlement (Ass~_m!S Program Income Same) Joint 2005 2005 Program Total for % KC Admin Agreement City Entitlement Income CalaJfations Fee 12% City Admin 8% Federal Way $ 654,724 $ 50,208 $ 704,932 $ 84,592 $ 56,395 Renton $ 413,217 $ 7,463 $ 420,680 $ 50,482 $ 33,654 Shoreline $ 321,606 $ 94,055 $ 415,661 $ 49,879 $ 33,253 Joint 2005 2005 Program Total for % KC Admin Fee Agreement City Entitlement -Income CalaJ!ations 10% - City Admin 10% Federal Way $ 654,724 $ 50,208 $ 704,932 $ 70,493 $ 70,493 Renton $ 413,217 $ 7,463 $ 420,680 $ 42,068 $ 42,0611 Shoreline $ 321,606 $ 94,055 $ 415,661 $ 41,566 $ 41,56t County Proposal 12% County 18%City Split P&A Only - 30% Reduction to Entitlement {Assumes Pr~ram Income Same} . ¡ City Counter Proposal 10% County 11 O%City Split P&A Only - 30% Reduction to Entitlement (Assumes Program Income Same) .'. Joint 2005 2005 Program Total for % KC Admin Agreement City Entitlement Income Calculations Fee 12% City Admin 8% Federal Way $ 572,884 $ 50,208 $ 623,092 $ 74,771 $ 49,847 Renton $ 361,565 $ 7,463 $ 369,028 $ 44,283 $ 29,522 Shoreline $ 281,406 $ 94,055 $ 375,461 $ 45,055 $ 30,037 Joint 2005 2005 Program Total for % KC Admin Fee Agreement City Entitlement Income Calculations 10% City Admin 10% Federal Way $ 572,884 $- 50,208 $ 623,092 $ 62,309 $ 62,309 Renton $ 361,565 $ 7,463 $ 369,028 $ 36,903 $ 36,903 Shoreline $ 281,406 $ 94,055 $ 375,461 $ 37,546 $ 37,546 rJ N L1 Attachment 4 CDBG Consortium Organization: Overhaul Options March, 2005 Issue: The Status Quo is no longer tenable for the CDBG Consortium. The federal CDBG funds have been declining over the past few years, and assuming the program even survives it will likely continue to decline. That decline, coupled with continuing inflation and the ever-increasing federal requirements, means that it is not efficient or cost-effective to continue to slice the Consortium's CDBG funds up into so many different pots and so many different projects, some of them very small. The Consortium's organization needs to be overhauled, so that our process is streamlined and simplified and so that our funds can be put to their most effective use. Objectives of a new Consortium organization: . reduce administrative costs (financial and staffing, for both County and Cities), e.g., fewer projects, transactions, etc. , while still meeting federal requirements and timely expenditure standards. reduce complexity of system-fewer decision points or steps in decision process, less duplication of effort support the prioritie~ identified in the Consortium's 2005-2009 Consolidated Housing and Community Development Plan, including Consortium-wide, sub-regional, and community-level priorities, and the priorities that CDBG funds are uniquely able to accomplish (such as housing repair) . . Status Quo: Option 1 Option 2 12 Pass-through pots for One Consortium~wide Two Sub-regional Pots larger cities (smallest pot Pot (South and North/East) is $50,000), and 1 competitive County & (Similar to the Small Cities pot for 15 HOMEIRAHP housing small cities + the programs) unincorporated communities Set-asides taken Consortium-wide Consortium-wide Consortium-wide off the top: Planning! Admin, Housing Planning / Admin, Planning! Admin, Stability Program (flat Housing Stability Housing Stability $300,000) Program (5% of funds), Program (5% of funds), and Housing Repair (30% and Housing Repair of funds) (30% of funds) 1 E-23 Planning and Each of the 12 Pass- County retains all, County retains all, Administration: through cities and the Co administers all contracts. administers all contracts. & Sm. Cities pot get share, (Any leftover P&A cap (Any leftover P&A cap (after set-aside is taken off would be allocated would be allocated the top) for local program competitively to competitively to planning! administration. jurisdictions submitting jurisdictions submitting This is 13 planning!admin planning proposals, or planning proposals, or projects. added to the capital pot) added to the capital pots) Human Each of the 12 Pass- County holds RFP County holds RFP Services: through cities and the Co process, competition is process, with competition & Sm. Cities fund get a Consortium-wide. within each sub-region.' share to allocate according Allocation of funds Specific targeted to local priorities set by the focused on the top 2,.3 amounts (hard targets) respective deeision- Consortium-wide available for each sub- making bodies (see priorities per the region. Allocation below). This is 13 Consolidated Plan, with focused on limited different pots. some sub-regional number of priorities per variation in emphasis sub-region, per the likely. Consolidated Plan. Capital Same as Human Services, County holds RFP process. County holds RFP (Non-profit above. Competition is process. Competition is housing and Consortium-wide. within sub-region. community Project minimum: $50,000 facilities, (but this is not firm--one Large as well as small Large as well as small public jurisdiction sets a higher cities compete. Nonprofits cities compete. infrastructure, minimum, and some all apply directly to county. Nonprofits all apply etc.): jurisdictions fund smaller Possible sub-regional directly to county. capital projects) target amounts (soft Specific funding amounts targets), and different sub- established for each sub- Note: Each pot's decision- regional priorities within regional pot (hard making body determines the overall Consolidated targets). Sub-regions an amount of capital funds Plan priorities Gust as there have separate priorities, to be set aside for housing is currently with the still consistent with repair. Amounts vary - Consortium-wide housing Consolidated Plan. widely from year to year. funds) Higher project Higher project minimum minimum ($1 OOK) ($100K) 2 Ë-2J-1 Decision 13 decision-making 1 decision-making body: 1 decision-making body: Making Body: bodies: An inter-jurisdictional An inter-jurisdictional The inter-jurisdictional body, with representation body with representation Joint Recommendations from both sub-regions, and from both sub-regions, Committee (JRC) makes rural as well as suburban and rural as well as any Consortium-wide cities (such as the JRC). suburban cities (such as decisions that need to be the JRC). made (very few). (Inter-jurisdictional staff group could make (Sub-regional inter- Individual Councils of the recommendations, as with jurisdictional staff groups 12 Pass-through Cities current HOME/RAHP could make have local working group) recommendations for discretion! decision-making their sub-region) over their own shares. Co & Sm. Cities Subcommittee of JRC makes decisions for Co & Sm. Cities pot. Workload Actual (2005): 107 50 or less 50 or less Indicator: # of (Hypothetical future, if contracts per entitlement is reduced by year one fourth: @80) Option 1: 'Effects on Stakeholders and Administrative CostslWorkload Under Option 1, our current system¡(where there are "Pass-throughs" for 12 of the larger suburban cities, and a competitive "County and Small Cities" pot for unincorporated communities and the rest of the participating cities) would be replaced with a single large Consortium-wide pot of funds. as noted in the table above. Applications for funding would be considered on a Consortium-wide basis, with project selection decisions being made by an inter-jurisdictional body (such as the JRC or other body representative of participating jurisdictions). Cities Of the 31 cities that participate in the King County CDBG Consortium, those that would be most affected are the 12 cities that currently receive a Pass-through: Bothell, Burien, Covington, Des Moines, Enumclaw; Issaquah, Kirkland, Lake Forest Park, Mercer Island; Redmond; SeaTae; and Tukwila. These 12 cities would no longer be able to have their councils allocate a share of the Consortium's CDBG resources individually. The Cities of Federal Way, Renton, and Shoreline mayor may not be affected. These cities will have the option of leaving the Consortium altogether (they are eligible to receive a direct entitlement from HUD, in which case King County would no longer administer funds on their behalf), joining in on the Consortium's new allocation process, or crafting a new relationship to the County and the Consortium. The negotiation with these three cities for a potential new relationship is separate from this process. 3 [;-25 No other cities will be affected in any significant way. Please note that the cities of Auburn, Bellevue, Kent and Seattle receive direct entitlements from HUD and are not part of the King County CDBG Consortium, and so would not be affected by any Consortium changes. The remaining suburban cities, as well as the unincorporated communities, will see little or no change in the way they access CDBG dollars. For the 12 cities that currently receive a Pass-through, here are some of the more significant impacts: . The 12 cities would no longer be required to dedicate staff time to general CDBG planning/administration responsibilities, and would no longer receive a portion of the CDBG planning and administration dollars to help support their staff. The only planning action a city would need to take is to decide whether or not to submit an application for CDBG funds for an internal project, and if so, to obtain city council authorization (this is what the smaller cities do under the current system). It is envisioned that all cities would be invited to have their staff . participate in the review and recommendation of proposals to the decision-making body; however, such participation would be voluntary and not required. . Some of the 12 cities use the CDBG funds for internal city projects, such as 10caJ. public infrastructure needs. These cities would no longer receive a direct share to allocate annually according to local discretion. Instead they would compete for funds with other cities and nonprofits through a large, competitive pot, as the smaller cities already do. While they would probably not receive funds every year, they could potentially receive a much larger amount when they do receive funds. Please note that infrastructure improvements in primarily low- and moderate-income neighborhoods are high priorities in the Consolidated Plan. . Five of the Eastside cities (Bothell, Issaquah, Kirkland, Redmond, Mercer Island) currently designate a portion of their funds (the amount varies year by year) to A Regional Coalition for Housing (ARCH) for housing project selection. Since these cities would no longer receive a direct share of the CDBG funds, they would have no CDBG funds to designate to ARCH's housing project selection process. Instead, the Consortium-wide decision-making body would allocate all CDBG funds (note: ARCH cities are currently represented on the JRC, and housing is a high Consortium-wide priority in the Consolidated Plan). Some cities staff members have raised the concern about whether Option l's Consortium-wide process would be able to successfully address sub-regional differences. Certainly a Consortium-wide process could recognize and address different sub-regional priorities and needs. It could even have target expenditure amounts for the different sub-regions. However, these targets would likely be "soft" targets rather than "hard" annual targets. In a competitive situation with soft targets, there is a concern that one sub-region could have the perception that the decision-making body is sacrificing or under-funding that sub-legion's priorities in order to fund the priorities of the other su~-region. Nonprofits Nonprofits that currently apply forCDBG funding to one or more of the 12 Pass-through cities as well as the County/Small Cities fund, or to ARCH, would apply instead to one large Consortium-wide CDBG pot. The County would administer the Consortium-wide RFP process, with the assistance of any Consortium cities' staff who wish to participate in the process. As is the case now, there would probably be a separate housing RFP (with CDBG funds combined with the HOME and RAHP dollars), a separate RFP for human services, etc. F-~ 4 J . Nonprofits seeking funds for capital projects such as housing and community facilities may find a single Consortium-wide application process advantageous and more efficient. These projects usually serve multiple cities and unincorporated areas, and under the current system agencies have had to apply to those multiple jurisdictions individually, for sometimes relatively small amounts of CDBG funds. That multiple application process would be replaced by a single application process held on behalf of the entire Consortium, and the agency would need to submit only one application regardless of how many Consortium jurisdictions they served. Please note that housing and community facilities serving low- and moderate-income people are high priorities in the Consolidated Plan. . Nonprofits seeking funds for human services or operating support mayor may not find a single Consortium-wide application process advantageous. Priorities for human services funding will continue to be guided by the Consolidated Plan. The Housing Stability Program would continue to be funded under this Option. But given the likely reduction in CDBG funds nationwide and this Consortium's desire to fund fewer and larger projects, the rest of the Consortium's human services dollars will likely be focused on only a few of the top Consortium-wide and sub- regional needs, rather than the wider spectrum of local needs that jurisdictions' currently fund with their CDBG dollars. Consequently, nonprofits which currently receive some CDBG human service dollars from a particular jurisdiction to serve a local need may be at a disadvantage (however, some cities may be able to switch outlocal funding for CDBG funding and still be able to cover the current mix of services). The County and the Consortium Cities would work together to develop the Consortium-wide RFP priorities, based on the needs identified in the' Consolidated Plan. Housing Repair and Housing Stability Program Clients Housing repair and homeless prevention are both high priorities in the Consolidated Plan. Housing repair clients will be better served, since the funds will be available to all Consortium residents regardless of where they live. Currently, cities set aside money for housing repair on a city by city basis. If one of the 12 Pass-through cities has not set aside enough funds for housing repair in anyone year, residents of that city have to wait until the next year when additional funds are made available, even if there are plenty of funds available in another Consortium jurisdiction. This is hard on the particular household, which is sometimes in dire need. These eity-by-city varying funding levels also make it difficult to market the Consortium's housing repair program, since housing repair staff members are reluctant to advertise and hold out promises when the funds are not truly available Consortium-wide. Having a Consortium-wide pot of funds for housing repair (30% of the entitlement plus program income, or $1.5 million, whichever is greater) will mean that any household in the Consortium can be served until all the available money is committed, regardless of where they live. Please note that Housing Repair staffwill continue to monitor and make available infonnation on the geographic distribution of the housing repair funds, so that any geographic inequities can be addressed (through targeted marketing, etc.) Housing Stability Program (homeless prevention) clients, and the agencies implementing the program, may see little change, although they would see an increase if the federal funding level can be maintained. This is because the proposal calls for Housing Stability to be funded at 5% of the funds available (one third of the human service dollars) rather than a flat $300,000. If the federal funding level can be maintained, that 5% will be closer to $350,000 than $300,000. This program will e()ntinue to be operated as a Consortium-wide program, where any household in the Consortium can be served until all the available money is committed, regardless of where they live. Please note that program staff will [3- 7) \ 5 - continue to monitor and make available infonnation on the geographic distribution of the Housing Stability funds, so that any geographic inequities can be addressed. Timeliness of Expenditure Timeliness of expenditure is an important consideration for the Consortium, since we have come close to missing the deadline and having HUD reduce our entitlement. The recently instituted procedures that call for more timely expenditures and for fewer and larger projects will continue, and Option I will further encourage more timely expenditure. This is because the option envisions "pooling" of funds that are currently spread across jurisdictions in order to allow for more complete funding of projects that are ready to go. This is similar to the current processes that allocate regional transportation resources. Administrative Costs /Workload As noted on page 1, important objectives of a new system are to reduce administrative costs. As a Consortium we have found ourselves pushing up against the 20% cap on planning/administrative expenditures. Reducing the number of projects and transactions, and reducing the complexity of the system, will both help to reduce the Consortium's administrative costs. One administrative workload indicator, as noted on the table, is the sheer number of projects that must be contracted for, managed, and tracked. It is more administratively efficient to manage a few large projects than many small ones. Option 1 will Jead to fewer, larger projects, rather than many small ones. Note that the current system almost guarantees many small projects: cities currently can receive a pass- through as small as $50,000, from which they carve out an administrative project, a human service project, a housing repair allocation, and possibly a small capital project (or maybe only the first installment toward one-which then impedes timeliness of expenditure, above). Option 1 will also cut down on the number of steps in the decision-making process and reduce the duplication of effort necessary to produce the annual HUD action plan (for example, one Consortium-wide citizen notification process rather than 13 different ones). Some likely impacts of Option 1 on the consortium's administrative costs are as follows: 1. CDBG funds that the County currently spends on Consortium-wide administration ($1,306,670 in 2005) would be reduced as the number of active projects and administrative steps is reduced. It is not yet possible to specify precise numbers, but here are some examples of the areas we are likely to see reductions assuming the workload is reduced: . There are currently 3.0 FTE project managers for CDBG community development capital projects, each handling 14 to 15 capital projects per year (2.0 FTE are supported by Consortium-wide administration; the County and Small Cities Fund currently supports the 3rd FTE). These are public infrastructure and community facilities projects, some of which are very small, and two thirds of them are projects from prior years that have not yet been completed. As we move to fewer, larger projects, and the sheer number of active capital projects declines (due to the higher minimum thresholds as well as faster project completion), we will be able to reduce theFTE's. For example, if the number of active CDBG community development capital projects can be reduced from 45 to 30, we will be able to eliminate 1.0 FTE project mal)ager, freeing up approximately $70,000 (salary plus benefits). . As the total number of fiscal transactions declines, the central charges for processing them will decline. The central fiscal charge for 2005 is $62,626. If the number of fiscal transactions can be reduced by one quarter, the charges can be reduced by one quarter. [?- :2 ~ 6 . As the number of projects, transactions, etc. declines, we will also be able to reduce the number of administrative and business support staff. Ifwe can eliminate 1.0 FTE support staff, it represents a savings of over $50,000 (salary plus benefits). 2. CDBG funds that the 12 Pass-through cities culTently spend to plan/administer their individual Pass-through processes ($340,501 in 2005) would also be freed up; 3. CDBG funds that the County currently spends to plan/administer the County and Small Cities process ($248,647 in 2005) would be used instead to plan/administer the broader Consortium-- wide RFP process. 4. As noted in the table on page 1, freed up planning/administration fundsl would be allocated competitively to jurisdictions submitting planning proposals, or if the decision-making body desired, could be used on jurisdictions' or nonprofits' capital projects. Option 2: Effects-on Stakeholders and Administrative Costs/Workload Option 2 differs from Option 1 in that it would replace our current system with 2 sub-regional pots rather than 1 Consortium-wide pot. Applications for funding wouldbe considered on a sub-regional basis, with project selection decisions being made by an inter-jurisdictional body (such as the JRC or other body representative of participating jurisdictions). Cities: Effects are similar to Option 1, except that:, The cities ihthe north and east that currently receive a pass-through (Bothell, Issaquah, Kirkland, Lake Forest Park, Mercer island, Redmond) and the cities in the south that currently receive a pass-through (Burien, Covington, Des Moines, Enumclaw, SeaTac, and Tukwila) may see Option 2 as a less drastic change from the current system. The two distinct sub-regional pots of fUnds will ensure that funding is allocated across the two geographic sub-regions in an equitable manner. Having project selection decisions made on a sub- regional basis, rather than having an undifferentiated Consortium-wide pot and Consortium-wide decision-making, allows each sub-region to: . Respond to differing needs and priorities for the two sub-regions . Feel secure that having the specific "hard" targets of funds available for each sub-region will avoid even the possibility that one region could feel that its priorities were sacrificed in favor of the other sub-region's priorities. . Build on the existing strong sub-regional relationships and efforts involving the cities' elected officials and staff. Nonprofits: Effects are similar to Option 1. 1 Please note that if the federal funds decline, the available planning/administration dollars will also decline, affecting how much will truly be available given the 20% cap. F-J) 7 There may be two separate sub-regional RFP processes, or there may be a single Consortium-wide RFP process with different dub-regional priorities. In any case, project selection decisions would be on a sub-regional basis, with sub-regional "hard" target amounts available for each sub-region. County staff has raised the concern about whether Option 2's sub-regional allocation process would be able to successfully address Consortium-wide needs. Please note that Consortium-wide priorities would certainly be included in both sub-regional RFP's. Bear in mind that many of the housinglhuman service providers that address a Consortium-wide need, such as homelessness, still tend to focus their services in different sub-regions. There are other providers that do serve Consortium-wide or that span both sub- regions, in which case the decision-making body would consider their proposals for funding from both pots of funds. Housing Repair and Housing Stability Program Clients Effects are the same as Option 1. Timeliness of Expenditure Effects are the same as Option 1. Administration: Effects are similar to Option I, although there would likely be some minimal additional workload for County staff under Option 2, since two different sub-regional cities' staff working group meetings and/or review panels may have to be convened for each RFP, rather than one Consortium-wide meeting or review panel. . It is envisioned that the JRC would still be convened on a Consortium-wide basis. There would not be separateJRC's for the two sub-regions. Nor would there be separate quorums or subcommittees for the two sub-regions. JRC members from one sub-region might need to be consulted separately from the other sub-region, but it is envisioned that this would be only on relatively minor matters, such as addressing a proposed change in a project in that sub-region, and that it would likely happen via e-mail. If separate JRC subcommittees do need to be convened, with separate agendas, meeting days, etc., this would constitute a significantly greater workload for County staff than under Option 1. £i-3D 8 5.F CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 09, 2005 TO: PRHS&PS VIA: David FROM: 0i¿ SUBJECT: Federal Equitable Sharing Agreement Renewal anager Policy Question Renewal of Federal Equitable Sharing Agreement and submission of Fedetal Annual Certification Report. Background The Federal Equitable Sharing Agreement expires in September of 2005. The request should be submitted to both u.S. Department of Justice and the Department ofthe Treasury by June 1,2005. Once accepted the new agreement will run through September 2008. Submissions of the Federal Equitable Sharing Agreement and Federal Annual Certification Report are prerequisites to the distribution of equitably shared cash, proceeds, and property. Options 1. I am reconunending that the council approve the application for renewal. 2. The only other option is to not approve the renewal. ~-\ Staff recommendation [Insert the option you recommend, in the fonn of a motion] Committee recommendation Forward option - to the full City Council for approval on [insert the Council meeting date you recommend]. 2 f:2 OATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.!DIV: FEDERAL WAY POLICE DEVIl CIS 2. ORIGINATING STAFF PERSON: STEVE NEAL, CIS COMMANDER EXT: 6717 3. DATE REQ. BY 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) X PROFESSIONAL SERVICE AGREEMENT D SECURITY DOCUMENT (E.G- AGREEMENT & D MAINTENANCE/LABOR AGREEMENT PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) D PUBLIC WORKS CONTRACT D CONTRACTOR SELECTION DOCUMENT D SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) (LESS THAN $200,000) D CONTRACT AMENDMENT AG#: D PURCHASE AGREEMENT) D COBG (MATERIALS, SUPPLIES, EQUIPMENT) D OTHER D REAL ESTATE DOCUMENT 5. PROJECT NAME: FEDERAL ANNUAL CERTIFICATION REPORT 6. NAME OF CONTRACTOR: us DEPARTMENT OF JUSTICFJUS DEPARTMENT OF TREASURY ADDRESS: 10TH & CONSTITUTION AVENUE, NW, CRIMINAL DNISION AFMLS. BOND BUILDING TENTH FLOOR, WASH. DC 20530 EXECUTIVE OFFICE FOR ASSET FORFEITURE, 740 15TH ST, NW, SUITE 700, WASH. DC. 20220 SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIßITS REFERENCED IN DOCUMENT D INSURANCE CERTtFlCATE D DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: OCTOBER 1, 2005 COMPLETION DATE: SEPTEMBER 30, 2008 i 9. TOTAL COMPENSATION $ -------. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES D NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CiTY 10. CONTRACT REvIEW INITlAL/DATE APPROVED INITIAL/DATE APPROVED D PROJECT MANAGER --- D DIRECTOR D RISK MANAGEMENT D LAW r a.... -\:; ~ooK v...¡..Iç, ~ ~-b <e.-, )~ N~~\ , ]i. CONTRACT SIGNATURE ROUTING INITlAL/DATE APPROVED INITlAL/DATE APPROVED 0 LAW DEPARTMENT 0 CITY MANAGER - 0 CITY CLERK 0 SIGN COpy BACK TO ORGINATING DEPT. D ASSIGNED AG# D PURCHASING: PLEASE CHARGE TO: COMMENTS - 10/09/02 f-3 (" ~~nforœrnent Agency: ~Iicc Department r 0 Sherif!,s Office/Department - 9 ask Fo",e h"ach hI ofm",'¡'.,,) ~ Pfoseeutor;s Offi O,?ther - - Contact Person: ~rllV1 IUt~ f PI' fU!J (J -111 -tf E.rnai! Address: br'l1fJ.. Ii) LlSb/t (Gl. t!i/y bf'T',}. d ¡tI'/ /./'/ k. )tZIf. t'!øJn.. Mailing Address: (Strect)Pn fJIJ)( tl71)] - (City,.:¡::;...daraL tL~ (State) q,Jtl - - (Zip Code) 7fIJIoJ r 977/8 Telephone Number: rl:f;i) 8'35' -- t, 701 Fax Number: (Z5') 8.3 S..- " 13 9 "gency Fiscal Year Ends on: (Momh/Day/Ye<lr) 1.;(/]/ It) </ NCIC/ORI/Tracking No.: ~Øl1..3 t,,1:fØ" su';::7:.::r y:fa~~~~I~~I~Õir ACti~ty Federal Annual Certification Report - This Annual Ce'rtification Report must be submitted within 60 days after the close of your ¡oseat year 10 both agencies: U _S- Department of Justice/ACA Program 10th and Corisjitution Avenue, NW Criminat Division/AFMLS Bond Building, Tenth Floor Washington, DC 20530 Fax: (202) 616.1344 U_S- Department of the Treasury Executive Office for Asset Forfeiture 740 15th street. NW, Suite 700 Washington. D,C- 20220 c E-mail address: lreas-aca@teoaf-treas.gov Fax: (202) 622.9610 $ ""-- $ ""- $ ""- $ "'" $ '" $ / $ "'" $ /' $ "- $ ",.- $ .r $ / $ r $ "'" \) ,/ $ /' $ ..- $ r $ ..- $ "- $ / $ ....- \) /" $ """- $ ---' I. Justice Funds Beginning Equitable Sharing Fund Balance ..----....--....-............--.-..-......--,.,....$ c2/~ð7f/.19 FederaISharÎngFundsReceived....,...-..".__...,.....,..--..._-.........-......'--..--. $ ø Transœcs From Other Law EnfolCement Agencies (attach list) -....,..... - - - . . . . . . - - . - . . , . . . . . . . . - $ pf' Other Income "-"""'.,.......,.".'-'-""-""",,-,""-..,...,""."'--"'--"" $ ø' Interest Income Accrued (0 check ifnon-intcrest-bearing account) - . . . . . - . , . . -. . . . . - - . . , . . . - - - , . . . $ ~ .3Y'~ ¥{P Total Equitable Sharing Funds (total oflines 1-5) --.....-.-............--...-..,..--.-...,.---$02../..3, 7s."S-- Federal Sharing Funds Spent (total offines a - n) - . . . , . . - - - . . , , . -' - - - . . . . . - $ ( /51),000 ) EQ_uitable Sharing Fund Ba_lance (subtmct line 7 trom line 6) ,- - -.,.... - . . . - - - - , , - . - $ C:.-:)5:&,'::; Appraised Value or Other Assets Received. , , , - - . - . . . , - - - - , . , , - , . - $ -- Summary of Shared Monies Spent Total spent on salaries for new, temporary, not to exceed I-year employees -. , . . - - - . . , - Totalspentonovertime ""--""--""'-"--""--""'----""'-.,.,..- Total spent on iotormantand "buy money" ..---.,,- ""-..,,--,--,.,,--- Total spent on travel and training ,,--,,'-'-.- -,.---..".--- TOIal spent on communications and çomputer'S Total spent on firearms and weapons Total 'spcnr on body annor and prote<:tive gear. - . - Total spcnt on electronic surveillance equipment - Total spent on building and improvements, . . - - - - - . , , . - Total spelit on drug education and awareness programs. . . - - - . . . , . . - Total spent on other law en ('orcemenl expenscs (attach list) . - Total transfers ro other law enforcement agençies (attach list of recipients) - Total permissible tlse transfers (up to 15 percent) (attach list of recipients), - - . , . . - - Amount of line (m) transferred to and used tor drug abuse treatment d ' $ ~ an preventIOn programs. . . - - . . . . . . . - - - Total spent on matching gran1s (attach list) ..,,- -.."...--- ,.,-.-.",.- Total anntlallaw enforcement budget tor your jurisdic!Îon for current fiscal year - Total annual budget for non-law enforcement agencies tor current fiscal year, Total annual law entorcement budgcr (or your jurisdiction for prior tìscal year. , , - Total annual budget for non-law enforcement agencies for prior fiscal year ~. I. I. '. '- - . - , - . - - , . , .,./ --- ,----- $ -$ ItJ,9,?(;,iJ.73 .~~--~~ $-..1 . t 9.. Treasury Funds $ .....- $ ....-- $ ..... $ ...--- $ ...--- $ ...- $( r $ ,.,..... $ /' $ .......... IdeI' the penalty of perjury. the undersigned hcreby certify that the infomlation in this report is an accurate aççounling of funds lCeeivcd and spent by the law enforcement cney under the fçdeml equitable shaling program during this reporting period. ~ (Print or Type) I~~~::' ^~~;Jd u~~'!L~:~:"."V" Dale :J!J3/vr .. / Nan,c ,ature; c Title: ç.-~ foon is subject tQ the Freedom of Information Act and may be released under 5 lJ.S,c. § 552. See www,u$l\ol.!(I)V!çnIl1I11aVafinkhtml for additional forms. -- DEPARTMENT OF THE TREASURY DEPU1Y ASSISTANT SECRETARY FOR TERRORIST FINANCING AND FINANCIAL CRIME EXECUTIVE OFFICE FOR ASSET FORFEITURE 740 15TH ST. N.W., SUITE 700, WASHINGTON, D.c. 20220 TELEPHONE: (202) 622-9600 FAX: (202) 622-9610 --- APR -8 21Œ Dear State and Local Law Enforcement Agency: The Departments of Treasury and Justice are again doing a joint mailing of the agreement and certification forms as a means of reducing paperwork for your agency. The new "Valid thru September 30, 2008" Federal Equitable Sharing Agreement and the revised Federal Annual Certification Report are the same forms, which should be submitted to both Treasury and Justice. Highlights of these reporting requirements are: );.> The Federal Equitable Sharing Agreement shall be submitted every three years. The enclosed agreement, which is due by October 1, 2005, will be effective through September 30, 2008. The head of the law enforcement agency and the head of the governing body (or authorized representative) must sign the agreement. A new agreement should be submitted anytime there is a change in administration at the head of the law enforcement agency or governing body level. Early submission of your Federal Equitable Sharing Agreement will ensure that there is no lapse in your agency's compliance status. );.> The Federal Annual Certification Report is due no later than 60 days after the close of the requesting agency's fiscal year. The head of the law enforcement agency and the head of the governing body (or authorized representative) must sign the certification report. A new participant is not required to submit a certification repoaf-until shared cash, proceeds, or property is received. Due to the high volume of paperwork that will be received during this renewal process, please either mail or fax your form. There is no need to do both. );.> Revised Guidelines: The Department of the Treasury Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies was revised April 2004. You may download copies of the revised Guide from our website www.treas,Qov/offices/enforcementlteoaf. Once on the site double-click on Guidelines. );.> Electronic Funds Transfer: As of May 2004, the Department of Treasury no longer issues payments via check. All Department of the Treasury payments will be made via Automated Clearing House (ACH). Please download the enrollment form from our website if you have not enrolled or if a change has occurred with your financial institution information since you last filed your form. Forward the completed Treasury Enrollment Form to the Indianapolis, Indiana address provided on the form. The Department of Treasury and Justice do not share financial entities. The enrollment process will be handled separately. Refer to the enclosed Department of Justice letter for instructions regarding the Justice process. F-5 );. Paid: PAID is a system developed by the U.S. Department of the Treasury's Financial Management System (FMS) to provide participating federal agencies a method of making remittance information available to their vendors through the internet The system is free of charge to registered vendors with Internet access. The Department of the Treasury participates in this program. The type of information vendors can obtain from PAID are limited to the following: date of payment, payment amount, and invoice number. If your agency is interested in receiving information via the PAID system, you must go to the website www. fms.treas.aov/afc and fill out a registration form. The equitable sharing guidelines for Treasury and Justice are basically the same except for our policy on the transfer of equitably shared money. Treasury does not allow state or local law enforcement recipients to transfer shared cash to nonprofit community organizations except in "windfall" situations. Justice has the 15 percent permissible use policy and does not allow any transfer of cash. For more information on the Treasury policy, refer to pages 25, 26 and 27 of the Treasury Guide to EquftBble Sharing (April 2004). Although you are receiving only one mailing of the forms, the Federal Equitable Sharing Agreement and the Annual Certification Report must be submitted to both the Department of the Treasury and the Department of Justice at the addresses listed below: u.s. Department of the Treasury Executive Office for Asset Forfeiture 740 15th Street, NW Suite 700 Washington, DC 20220 E-mail address: www.tress.aov/offices/enforcement/teoaf Or treas.acataneoaUreas.Qov Fax: (202) 622-9610 u.s. Department of Justice Criminal Division Asset Forfeiture and Money Laundering Section ACA Program 10th and Constitution Avenue, NW Bond Building, Tenth Floor Washington, DC 20530 E-mail address: www.afmls.aca@usdoj.gov Fax: (202)616-1344 The enclosed agreement and certification forms must be completed and returned by the stated deadlines in order for your agency to remain in compliance with the equitable sharingguideHnes. These forms are also on our website along with other forms and information about the Treasury asset forfeiture program. Please contact Jackie Jackson or Kim Tyler at (202) 622-9600 should you have questions regarding the reporting requirements. Sincerely, ~[. ~~c.-~ Enclosure Eric E. Hampl Acting Director i==-4 U.s. Department of Justice Criminal Division Washington, D.c. 20530 APR - 8 2JIJ5 Dear State and Local Law Enforcement Agency: Your current Federal Equitable Sharing Agreement will expire this September. To allow for your continued participation in the equitable sharing program, please complete the enclosed FederalEquitable Sharing Agreement. The new agreement is valid through September 30, 2008 and should be submitted by June 1,2005.1 Since all incoming mail is sanitized and irradiated prior to delivery, early submission of your Federal EquitableSharing Agreement will ensure that there is no lapse in your agency's compliance status. The Federal Annual Certification Report, also attached, is due 60 days after the close of your agency's fiscal year. The signed certification report is valid for one year and must be submitted each year, regardless of whether your agency received shared funds. Submission of the Federal Equitable Sharing Agreement and Federal Annual Certification Report are prerequisites to the distribution of equitably shared cash, proceeds, and property. The Federal Equitable Sharing Agreement and Annual Certification Report must be signed by the head of your law enforcement agency and the head of your governing body. The Asset Forfeiture and Money Laundering Section receives nwnerous inquiries regarding who is authorized to sign as the governing body head. For equitable sharing purposes, a governing body is the person or entity that has legislative authority to approve your agency's annual budget. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Law enforcement officials should not sign as thegovemirïg body head. If you need additional copies of the Federal Equitable Sharing Agreement or Federal Annual Certification Report, the fonns may be downloaded from the Department of Justice website at www.usdoLgov/criminaVafinls.htm1. If your agency does not have Internet access, please retain a blank copy of the enclosed fonns for future use. Any questions regarding reporting requirements and procedures may be directed to Junior Financial Analyst Lisa Trueblood at (202) 616-0702 or to the Law Enforcement Coordinating Committee (LECC) Manager in your district's u.S. Attorney's Office. 1 If there is a change in administration at your agency or governing body, a new agreement must be submitted. F-, -2- In addition to forwarding the new Federal Equitable Sharing Agreement and Federal Annual Certification Report, I want to inform you that the United States Marshals Service (USMS) is changing the way it disburses equitable sharing funds. Rather than issuing Treasury checks, USMS will disburse equitable sharing via Electronic Funds Transfer (EFT). This transition will take approximately a year to complete and will be implemented one state at a time. The USMS will send an Automated Clearing House Vendor Payment Enrollment Fonn to all program participants to collect the banking infonnation needed to transmit equitable sharing electronically. The completed enrollment fonn should be forwarded to Booth Management Consulting, LLC. Questions regarding EFT may be directed to the USMS at E.Share.Helo@usdoLgov or (202) 307-9205. Sincerely, ~ ~~ ~er. Chief Asset Forfeiture and Money Laundering Section Enclosures f-ß Federal Equitable Sharing Agreement VALID THRU SEPTEMBER 30, 2008 Law Enforcement Agency: 0 Check if New Participant 0 Police Department 0 Sheriff's Office/Department 0 Task Force (""""" '.t ofrnord>on) 0 Prosecutor's Office 0 Other Contact Person: E-mail Address: Mailing Address: (Street) (City) (State) (Zip Code) Telephone Number: ( Fax Number: ( ) Agency Fiscal Year Ends on: NCIC/ORlfTracking No,: (MonthlDay) This Federal Equitable Sharing Agreement entered into among (1) the Federal Govenunent, (2) the above-stated law enforcement agency, and (3) the governing body sets forth the requirements for participation in the federal equitable sharing programand the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By their signatures, the parties agree that they will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal equitable sharing program. 1, Submission. The Federal Equitable Sharing Agreement and the Federal Annual Certification Report must be submitted to both the Department of Justice and the Department of the Treasury with a copy provided to the U.S. Attorney in the district in which the recipient law enforcement agency is located, in accordance with the instructions received from the respective departments or as outlined in their equitable sharing guidelines. Asset Forfeiture and Money Laundering Section U.S. Department of Justice 10th and Constitution A venue, NW Bond Building, 10th Floor Washington, DC 20530 Fax: (202) 616~1344 E-mail address: afmls.aca(â¡usdoi.20v Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW Suite 700 Washington, DC 20220 Fax: (202) 622-9610 . E-mail address: treas.aca(â¡teoaf.treas.20v 2. Signatories. This agreement must be signed by the head of the law enforcement agency and the head of the governing body. Examples oflaw enforcement agency heads include police chief, sheriff, director, conunissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. Receipt of the signed agreement is a prerequisite to receiving any equitably shared cash, property, or proceeds. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern equitable sharing and as specified in the equitable sharing request (either a DAG-71 or a TDF 92-22.46) submitted by the requesting agency. 4. Transfers. Before the undersigned law enforcement agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must verify first that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. If there is no agreement on file, the undersigned law enforcement agency must obtain one from the receiving agency and forward it to the Department of Justice and the Department of the Treasury as in item 1. A list of recipients and the amount transferred must be attached to the Federal Annual Certification Report. r:-~ April 2005 5. Internal Controls. The parties agree to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The recipient agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal forfeiture fund account. The parties agree that such accounting will be subject to the standard accounting requirements and practices employed for other public monies as supplemented by requirements set forth in the current edition of the Department of Justice's A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies (Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (treasury Guide). The accounting of shared funds must be reported on the Annual Certification Report. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision ofthis agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds or property. 6. Federal Annual Certification Report. The recipient agency shall submit an Annual Certification Report to the Department of Justice and the Department of the Treasury (at the addresses shown in item 1) and a copy to the U.S. Attorney in the district in which the recipient agency is located. The certification nmst be submitted in accordance with the instructions received from the respective depa:rtrí1ents or as outlined in the Justice or Treasury Guides. Receipt of the certification report is a prerequisite to receiving any eqUitably shared cash, property, or proceeds. 7. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-B3. The Department of Justice and the Department of the Treasury reserve the right to conduct periodic random audits. 8a. During the past 3 years, has your agency been found in violation of, or entered into a settlement agreement pUrsuant to, any nondiscrimination law In federal or state court, or before an administrative agency? aVes 0 No (If you answered yes, attach relevant information. See instructions.) 8b. Are there pending in a federal or state court, or before any federal or state administratIve agency, proceedings against your agency alleging discrimination? aVes ONo (If you answered yes, attach relevant information. See instructions.) The undersigned certify that the recipient agency is in compliance with the nondiscrimination requirements of the following laws and their Dep~,.tment of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000a '.1 seq.), Title IX of the Education Amendments of 1972 (20 U.S.c. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. § 794), and the Age Discrimination Act of 1975 (42 U.S.c. § 6101 et seq.), which próhibitdiscrimination on the basis ofrace, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. Under penalty ofpeIjury, the undersigned officials certify that the recipient state or local law enforcement agency is in compliance with the provisions of the Justice and/or Treasury Guides and the National Code of Professional Conduct for Asset Forfeiture. Name (Print or Type) Date Law Enforcement Agency Head Name (Print or Type) Governing Body Head Date Signature: Signature: Title: Title: This form is subject to the Freedom of Information Act 3IJd may be released under 5 U.S.c. § 552. See www,usdoÎ-lI:ov/criminal/afmls.html or www.trcas.lI:ov/offices/cmforccmentiteoaffor additional forms. April 2005 t=-I'O Federal Equitable Sharing Agreement Instructions Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency ~ e.g., Anytown Police Department. This must be consistent with the DAG- 71. Check the appropriate box to indicate type of agency. Acronyms should be spelled out. Ifa task force, provide a list of member agencies, addresses, and lead agency, if designated. New Participant: Check this box if your ageney has never received any cash, proceeds, or property ITom the equitable sharing program. Contact Person: Enter the name of the person who can provide additional infonnation on the sharing agreement fonn. E-mai/Address: Enter the e-mail address of the contact person or the e-mail address of the agency. lfIIailingAddress: Enter your agency's complete mailing address (number, street, city, state, and zip cOde). 'rêleplJone Number: Enter the phone number of the contact person, including area code and extension. FtlxNumber: Enter your agency's fax number including area code. Agency Fiscal YeâtE"ds on: Enter the ending date (month/day) of your agency's fiscal year - e.g., 6/30. NCIC/ORllTracklng No.: Enter your valid FBI-issued National Crime Information Center (NCIC)/ORI code - e.g., CAOOOOOOO - or tracking number assigned by the Asset Forfeiture and Money Laundering Section. Civil Rights Provision: Police departments, sheriffs' departments, prosecutors' offices, and other law enforcement agencies that receive federal financial assistance from the Department of Justice (DOJ) are subject to the provisions of: (I) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin; (2) Title IX of the Edncation Amendments of 1972, which prohibits discrimination on the basis of sex in training and educational programs; (3) Section504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; and (4) the Age Discrimination Act of 1975, whichprohibits discrimination on the basis of age. Federal finaneial assistance includes funds, training and technical assistance, logistical support, and property transfers from DOJ including equitable sharing. Agencies receiving assistance are required to pennit DOJ investigators access to records and any other sources of infonnation as maybe necessary to determine compliance with civil rights laws. If the "yes" box is checked in 8a and/or 8b, provide the following information: the name of the case; a summary of the complaint; and the status of the case - e.g., Jones v. Anytown Police Department; sex discrimination; settled. Please do not send a copy of the complaint. Law Enforcemen:t~:gency Head: The head of your law enforcement agency must sign and date the fonn. Name and title of the signatory must be printed or typed. Examples of law enforcement agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. For task forces, the law enforeement ageney head is the person who oversees task force operations and may be the chieflaw enforcement officer of the lead agency - e.g., police chief or sheriff - or a commander, lieutenant, or captain who oversees task force operations. By signing the agreement, the signatory certifies that the lIeceiving state or local law enforcement agency is in eompliance with the Justice and Treasury Guides, and agrees to be bound by the statutes and guidelines whiçh regulate the equitable sharing program. Governing Body Head: The head of your governing body must sign and date the fonn. Name and title of the signatory must be printed or typed. For purposes of this fonn, a governing body is the person or entity that bas appropriations authority over your agency. That is, the governing body has legislative authority to approve your agency's annual budget. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. In general, a law enforcement official should not sign as the governing body head. An exception will be granted for law enforcement officials that have appropriations authority over a task force. For task forces with a governing board, the board chairperson should sign as the governing body head. Task forces whose budgets are approved in the same manner as a city, county, or state law enforcement agency should obtain the signature of the appropriate official- e.g.. city manager, mayor, etc. By signing the agreement, the signatory certifies that the receiving state or local law enforcement agency is in compliance with the Justice and Treasury Guides, ~. eest.o be bound by the statutes and guidelines which regulate the equitable sharing program. - ~-l Federal Annual Certification Report This ",port must be submitted within 60 days after the dose of your fiscal year to the: Asset Forteltul'8 and Money Laundeoing Section U-S- Department of Justice 10th and ConstitUtIon Avenue, NW Bond Building, 10" Floor Washington, DC 20530 Fax: (202) 616-1344 E-mail address: afmls.8<;<I@usdol.aov Executive Office for Asset Forfeiture U.S. Department of the Treasury 740 15th Street, NW Suite 700 Washington. DC 20220 Fax: (202) 622-9610 E-mail address: treas-aœ@teoaf.treas.gov Law . Enforcement Agency: 0 Police Department 0 Sheriff's Office/Department Contact Person: --.:.\ -,:!}. ;--." 'v -, -, "", .£,;¡~~;..;'h"'$/ ':-;\~ ::::{ I :~ ~;~'i ,;:;/~C 0 Prosecutor's Office 0 Other 0 Task Force (illtach list of"""""-) E-mail Address: Mailing Address: (Street) (Zip Code) (City) (State) Telephone Number: <-) Fax Number: L-) Agency Fiscal Year Ends on: (MonthlDayNeat) NCIC/ORlITracklng No.: Summary of Equitable Sharing Activity (Fiscal Year Ending ) 1. 2. 3. 4. 5. 6. 7. 8. 9. Justice Funds (DEA, FBI, ete)' $ $ $ $ $ $ $( $ $ Beginning Equitablë Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) . . Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury. . . . . . . . . Federal Sharing Fllnds Received from Other Law Enforcement Agencies and Task Forces (complete attachment) OtherJricotne """"""""""""""""""""""'.".....,""""""""""'" InterestIricome AcctÏJed (0 check ifnon-interest-bearing account) .......................,........... TotaIEQUitableSharingFunds(tOtaloflinesl-5) .........................,.,..........,....,.... FederaISharingFundsSpent(totaloflinesa-n)..................."""...........,.,........... Ending Equitable Sharing Fund Bahmce (subtract line 7 from line 6) ......................."......... AppraîsedValueofOtherAssetsReceived ""'.""""""""""""""""""""""-". Summary of Shared Monies Spent a. Total spent on salaries for new, temporary, not to exceed I-year employees. . . . . . . . . . . . . . . . - . . . . . . . . . . .. $ b. Totalspentonovertime............................................................,..,...... $ c. Total spent on inforrnant and "buy money" ..,..,............,.................,.......,.......-. $ d. Total spellt on travel and training "'..........................................-......,......-.. $ e. Totalspentonconununicationsandcomputers """"""",""""""'-'"""","""'..... $ f. Total spent on firearms and Weapons """"""""""""""',.................,.,......... $ g. Totalspentonbodyannorandprotectivegear......................,.................,.,......... $ h. Totalspentoneleetronicsurveillanceequipment...,............'...............-...-...,......... $ i. Totalspentonbuildingartdimprovements.....,..............".......................,......... $ j. Total spent on drug education and awareness prograrns ......."..................-.......,......... $ k. Total spent on other law enforcement expenses (complete attachment) .........,.......... - . . . . . . . . . . .. $ 1. Total transfers to other state and local law enforcement agencies (complete attachment) .......,., - - . . . . . .. $ m. Total permissible use transfers (complete attachment) .......-..............._-..-.........,..._--.. $ Amount ofline (m) used for drug abuse treatmellt and prevention programs. . , , , . . . . . , . .. . ., $ n. Totalspentonmatchinggrants(completeattachment)..........".........................,........ $ o. Youragellcy'sbudgetforcuITentfiscalyear ..................,.....................$ Your jurisdiction's budgetfor currënt fiscal year ..........................,.......... $ Your agency's budgetfotprior fiscal year .."...........................,.......... $ Yourjurisdiction'sbudgetforpriorfiscalyear....................................... $ p. q. r. Treasury Funds (IRS, ICE, etei $ $ $ $ $ $ $ ( $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Under the penalty of perjury, the undersigned hereby certify that the informatioll ill this report is an accurate accounting of funds received and spent by the law enforcement agency under the federal equitable sharing program during this reporting period. Name (Print or Type) Law Enforcement Agency Head Date Name (Print or Type) Governing Body Head Signature: Signature: Date Title: Title: This form is subject to the Freedom of Infonmtion Act and may be released WIder 5 u.S.C- § 552. See www.u.«kJi-KOv/crimina1/afnùs.hmll or www.treas.Rov/officesienforcemenVteoafforadditional form<;. I Include under Justice funds shared cash, proceeds. and property received from the Drug Enforcement Adminisuation (DEA), Federal Bureau of Investigation (FBI), U.S. Attomey's Office, U-S- Postal Inspection Service. Food and Drug Administration. and U.S. Depaztment of Agriculture. . Include under Treasury funds shared cash, proceeds. and property received from the Bureau of Alcohol. Tobacco, fire8JIIIS and Explosives (ATf)O, Internal Revenue Servi"" (IRS). U.S- Immigration and Custom> Enforcement (ICE), U.S. Custom> and aUlder Protection. U.S. Secret Service. and U.S. Coast Guard- .The Bureau of Alcohol, Tobacco. FirC4l1llS and Explosives is a component of tile Department of Justi"". but ATF's equitable sharing is <uITcntly processed by the Department of the Treasury- Until fiuther notice, please deposit aU equitably shared cash and proceeds from ATF in your agency', Tre...ury fund- \:-l L April 2005 Federal Annual Certification Report Attachment 3. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces Amount Received Name of Law Enforcement Agency Agency Address Justice Funds Treasury Funds $ $ $ $ $ $ If additional space is needed, please attach additional page. Attachment 0 Yes 0 No k. Total Spent on Other Law Enforcement Expenses Amount Spent Item Purchased Justice Funds Treasury Funds $ $ $ $ $ $ If additional space is needed, please attach additional page. Attachment 0 Yes 0 No J. Total Transfers to Other Stäte and Local Law Enforcement Agencies Amount Transferred NamE: of Law Enforéement Agency Agency Address Justice Funds Treasury Funds $ $ $ $ $ $ If additional space is needed, please attach additional page. Attachment 0 Yes 0 No m. Total Permissible Use Transfers Airiount Spent Name. of Recipient. Agency Justice Funds $ $ $ If additional space is needed, please attach additional page. Attachment 0 Yes 0 No n. Total Spent on Mätchlng Grants Amount Spent Name of Grant Justice Funds Treasury Funds $ $ $ $ $ $ If additional space is needed, please attach additional page. Attachment 0 Yes 0 No i==-I~ April 2005 Federal Annual Certification Report Instructions Law Enforcement Agency: Enter the complete name of your state or local law enforcement agency - e.g., Anytown Police Oepartment. This must be consistent with the DAG- 71. Check the appropriate box to indicate type of agency. Acronyms should be spelled out. If a task force, provide a list of member agencies, addresses, and lead agency, if designated. Contact Person: Enter the name of the person who can provide additional infonnation on the certification report. E-mail Address: Enter thee-mail address of the contaet person or the e-mail address of the agency. Mailing Address: Enter your agency's complete mailing address (number, street, city, state, and zip code). Telephone Number: Enter the phone number of the contact person, including area code and extension, if any. Fax Number: Enter your agency's fax number, including area code. Agency Fiscal Year Ends on: Enter the ending date (month/day/year) of your agency's fiscal year - e.g., 6/30/05. NCIG/ØRlnrackllJg No.: Enter your valid FBI-issued National Crime Illfonnation Center (NCIC)/ORJ code ~ e.g., CAOÛOOOOO - or tracking number assigned by the Asset Forfeiture and Money Laundering Section. Böginni,.,g Eq(itålile Sharing Fund Balance: Enter online 1 the amount in your federal forfeiture fund account at the beginning of your fiscal year. The amount entered on line 1 must match the Ending Equitable Sharing Fund Balance reported on your agency's Federal Annual Certification Report for the prior fiscal year. lEthe Beginning Equitable Sharing Fund Balance differs from the Ending Equitable Sharing Fund Balance reported last year, an amended Federal Annual Certification Report must be submitted. Separate Justice funds from Treasury funds. Include under Justice funds shared cash and/or proceeds received from the Drug Enforcement Administration (DEA), Federal Bureau ofInvestigation (FBI),U.S. Attorney's Office, U.S. Postal Inspection Service, Food and Drug Administration, and U.S. Department of Agriculture. Include ünder Treasury funds shared cash and/or proceeds received from the Bureau of Alcohol, Tobacco, Fireanns and Explosives (A TF), Internal Revenue Service (IRS), U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection, U.S. Secret Service, and U.S. Coast Guard. Please note that ATF is a component of the Department of Justice, but A TF' s equitable sharing is cun-entIy processed by the Department of the Treasury. Until further notice, please deposit all equitably shared cash and proceeds from ATF in your agency's Treasury fund. Federal Sharing Funds Received from the Departments of Justice and Treasury: Enter on line 2 the total amount of shared cash and/or proceeds received from the federal equitable sharing program. For example, if your fiscal year ends 6/30/05, include all sharing funds received from 7/1/04 through 6/30/05. Separate Justice funds from Treasury funds. Funds from state and local forfeitures should not be reported 011 the Federal Annual Certification Report. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces: Enter online 3 the total amount of fed,eral sharing funds received from other state and local law enforcement agencies and task forces. Please provide a list of the agencies your agency received funds from, their address, and the amount received on the Federal Annual Certification Report Attachment. Other Income: Enter on line 4 the proceeds from the sale of shared property or any amounts returned to your forfeiture fund account - e.g., funds from the sale of a car placed in official use or reimbursements received from your city, county, or state for expenditures made with shared funds. Interest Income Accrued: Enter online 5 the interest earned on your federal forfeiture fund account during your fiscal year. Account for Justice and Treasury interest income separately. Check box if shared funds are in a non-interest-bearing account. Total Equitable Sharing Funds: Add the beginning equitable sharing fund balance (line 1), the federal sharing funds received from the Department of Justice and the Department of the Treasury (line 2), federal sharing funds received from state and local law enforcement agencies and task forces (line 3), other income (line 4), and interest income (line 5). Enter on line 6 the total amount. Federal Sharing Funds Spent: Add items a through n. Enter the total amount on line 7. t=-.-)~ April 2005 Ending Equitable Sharing Fund Balance: Subtract the federal sharing funds spent (line 7) from the total equitable sharing funds (line 6). Enter on line 8 the ending balance. Appraised Value of Other Assets Received: Enter on line 9 the fair market value of any federally forfeited property received - e.g., if the fair market value of a car is $10,000, then enter $10,000 on line 9. Note: When the car is sold, proceeds from the sale must be deposited in your federal equitable sharing account and recorded as other income (line 4) in the year sold. Summary of Shared Monies Spent: Enter on lines a-n the total amount spent for each item listed. Total Spent on Drug Education and Awareness Programs: Enter on line j the total amount your agency spent conducting drug education and awareness programs. Total Spent on Other Law Enforcement Expenses: Enter on line k the total amount of expenses not listed in items a tluough j. Please provide a list of items purchased and the amount spent on the Federal Annual Certification Report A ttachtnent. Total Transfers to Other State and Local Law Enforcement Agencies: Enter on line 1 the amount transferred to othër state and local law enforcement agencies. Please provide a list of recipients, their address, and the amount transferred on the Federal Annual Certification Report Attachment. Before transferring funds, your agency must verify that the receiving agency has a current and valid Federal Equitable Sharing Agreement on file with both the Department of Justice and the Department of the Treasury. Total Permissible Use Transfers: The Department of Justice permits state and local law enforcement agencies to use up to 15 percent of shared funds received during the last two fisðal years to support drug abuse treatment, drug and crime prevention education, housingandjob skills programs, or other nonprofit community-based programs or activities, which are fonnally approved by the chieflaw enforcement officer ~ e.g., chief, sheriff, or prosecutor - as being supportive of and consistent with a law enforcement effort, policy, and/or initiative. Law enforcement agencies may not transfer cash to non.,.law enforcementagendes or private nonprofit organizations. Law enforcement agencies may either 1) directly pay specific expenses on behalf of the recipient agency/organization or 2) reimburse the agency/organization by check for itemized expenditures. Enter on line m the total amount spent on behalf of non-law enforcement agencies and private nonprofit organizations. Please provide a list of recipients and the amount spent on the Federal Annual Certification Report Attachment. Amount Used for Drug Abuse and Prevention Programs: From line m, enter the total amount used for drug abuse treatment and prevention programs. Totsl Spent on Matr. ,'iing Grants: Enter on line n the amount of federal equitable sharing funds your agency spent to match grants. PI~se provide the name of grants matched and the amount spent to match each grant on the Federal Annual Certification Report Attachment. Your Agency's Budget for Current Fiscal Year: On line 0, enter your agency's budget for the current fiscal year. If completing the certification for FY 2005, enter your agency's budget for FY 2006. Your Jurisdiction's Budget for Current Fiscal Year: Enteron line p your city/county/state's budget for the current fiscal year. If completing the certification for FY 2005, enter your jurisdiction's budget for FY 2006. Your Agency's Budget for Prior Fiscal Year: Online q, enter your agency's budget for the prior fiscal year. If completing the certification for FY 2005, enter your agency's budget for FY 2005. Your Jurisdiction's Budget for Prior Fiscal Year: Enteron line ryourcity/county/state's budget for the prior fiscal year. If completing the certification for FY 2005, enter your jurisdiction's budget for FY 2005. Law Enforcement Agency Head: The head of your law enforcement agency must sign and date the fonTI. Name and title of the signatory must be printed or typed. Examples of law enforcement agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. For task forces, the law enforcement agency head is the person who oversees task force operations and may be the chief law enforcement officer of the lead agency - e.g., police chief or sheriff - or a commander, lieutenant, or captain who oversees task force ¡:::-lS April 2005 operations. By signing the Federal Annual Certification Report, the signatory certifies that this report is an accurate accounting of federal equitable sharing funds received and spent by the law enforcement agency during the reporting period. Governing Body Head: The head of your governing body must sign and date the form. Name and title of the signatory must be printed or typed. For purposes of this fonn, a governing body is the person or entity that has appropriations authority over your agency. That is, the governing body has legislative authority to approve your agency's annual budget. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. In general, a law enforcement official sbould not sign as tbe governing body bead. An exception will be granted for law enforcement officials that have appropriations authority over a task force. For task forces with a governing board, the board chairperson should sign as the govemingbody head. Task forces whose budgets are approved in the same manner as a city, county, or state law enforcement agency should obtain the signature of the appropriate official- e.g., city manager, mayor, etc. By signing the Federal Annual Certification Report, the signatory certifies that this report is an accurate accounting offederal equitable sharing funds received and spent by the law enforcement agency during the reporting period. Mail the Federal Annual Certification Report to the Departments of Justice and Treasury at: Asset Forfeiture and Money Laundering Section Executive Office for Asset Forfeiture U.S. Oepartment of Justice U.S. Department of the Treasury 10th and Constitution Avenue, NW 740 15th Street, NW Bond Building, 10111 Floor Suite 700 Washington, DC 20530 Washington, DC 20220 Fax: (202)616-1344 Fax: (202) 622-9610 E-mail address: afmls.aca@usdoi.l!ov E-mail address: treas.aca@teoaf.treas.gov The original Federal Annual Certification Report should be sent to the Department from which your agency primarily receives shared funds. A copy should be sent to the other Department and to the U.S. Attorney in the district in which your agency is located. Additional copies of this report can be downloaded from the Department of Justice web site at www.usdoj,l!ov/criminal/afmls.html or the Department of the Treasury website at www . treas.l!ov / offices/ enforcement/teoaf. F-J<p April 2005