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PRHSPSC PKT 05-13-2008 (2) >-'~. - -~'~.. ~ '..' -.:'.......;.:v:.:~;~ .. ~ .~~~~' City of Federal Way CITY COUNCIL POLICE, PARKS, RECREATION, AND HUMAN SERVICES COMMITTEE Tuesday, May 13,2008 5:30 p.m. City Hall Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT - THREE (3) MINUTES 3. COMMISSION COMMENTS 4. APPROVAL OF FEBRUARY 12,2008 SUMMARY 5. COMMITTEE BUSINESS A. Contract for FWCC Electronic Message Board Monument Sign Action Sanders B. Saghalie Park Soccer Field - Artificial Turf: Accept Work by Atlas Tracks, Inc. Action Sanders c. West Hylebos Wetlands Trail Improvements: Accept Work by Epic Construction Action Sanders D. Community Center Cafe Vendor Contract Action Nelson E. 2008 Human Services Commission Work Plan Action Hynden F. Joint Interlocal Agreement Regarding the CDBG Program Action O'Donnell G. Ratification of 1 st Amendment to VCC's Governing ILA Action Wilson H. Veterans' Education and Training Program Action Wilson I. Agreement between City of Federal Way & Puget Sound Action Wilson Educational Service District Relating to FundiI)g for Reinvesting in Youth 6. PENDING ITEMS · Animal Control Contract · Dangerous Dog Ordinance · Festivals 7. NEXT MEETING - June 10, 2008 5:30pm - Hylebos Conference Room 8. ADJOURNMENT 2008 Committee Members: Council Member Jeanne Burbidge, Chair Council Member Jim Ferrell Council Member Michael Park Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant 11 253-835-6901 City of Federal Way City Council PARKS. RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 8, 2008 6:00 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell and Michael Park; Council member Linda Kochmar, Karolyn Klohe Assistant City Attorney, Chief Brian Wilson, Donna Hanson, Director PRCS, Steve Ikerd, Parks and Facilities Manager, Lynnette Hynden Human Services Manager, Scott Pingel, ICMA Fellow, Mary Jaenicke, Administrative Assistant II. Guests: Fred Konkell, Parks & Recreation Commission Chair Burbidge called the meeting to order at 6:05p.m. PUBLIC COMMENT None COMMISSION COMMENT None APPROVAL OF SUMMARY Council member Ferrell moved to approve the February meeting minutes as written, Council Member Park seconded. Motion passed. BUSINESS ITEMS Re ort on 2008 One Ni ht Count of the Homeless and Efforts to Serve the Homeless Mr. Ikerd provided the background information. Staff has gone out to bid the supply and installation of the metal building three different times. The first two times, no bids were received. The third time, a bid was received, but it was higher than anticipated. A decision was made to bid the supply and installation separately. Two bids were received for the installation of the building. Mr. Ikerd reported that staff saved approximately $31,000 by bidding the project separately. The winning bid is from a local contractor. References have been checked, and they came back favorably. Council member Park moved to forward the bid acceptance for the instaIJation of a pre-engineered metal maintenance building in Celebration Park to fu" Council on April IS for approval. Council member Ferrell seconded. Motion approved. Landscape Bid Acceptance Mr. Ikerd presented the background information. There are eight facilities requiring contracted landscape services. Those sights are City Hall, Federal Way Community Center and six parks. Bids were sent out using the Small Works Roster. Seven companies attended the pre-bid meeting, and three of those companies' submitted bids. It was discussed with the companies, that if it was to the city's advantage, the eight sites would be split into two separate contracts. After reviewing the bids, it was decided to split the contracts; this amounts to an annual savings of $4,421.52. Steve has talked with both companies, and they are in agreement with splitting up the contracts. The bid for English Gardens and Federal Way Community Center will be awarded to Green Effects, and the other six sites will be awarded to Omni Landscaping. Councjl member Ferrell moved to forward the bid acceptance for Landscape Services in the amount of $98,240.04 for Omni Landscape Services and $54, 964.22 for Green Effects to full Council on consent agenda April 15 for approval. Council member Park seconded. Motion passed. Neil!hborhood Park Emphasis Mr. Pingel provided the background information. Staff received a request for an off leash area for small dogs. When staff was developing the 2006 Park Plan, many requests were received for improving existing facilities, and creating community gathering places. Adelaide Park had been identified in the Park Plan as one of the Parks needing improvement. The only significant improvement to the park has been replacing a section of asphalt trail with crushed rock. Improvements that can be made to the park include re-graveling the walking trail, refilling the playground with - ~ - - -- '-.-.- - ..- ~.-."'~-'.'~~"'--, PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 8, 2008 Summary Page 2 wood chips, improving site lines, redeveloping the horse arena, installing rule signs, additional picnic tables and benches. Improvements will all be reviewed through a public process with the neighborhood and community, before final recommendations are made. They would like to re-develop the horse arena into an off leash dog park for small dogs. This idea has been discussed at the Parks and Recreation Commission, and they are in support of this. Ms. Hanson was very clear that staff would listen to the neighbors and make sure that this is something that they want. Having people doing positive things in a park is a deterrent to people doing negative things in the park. Staff has also met with the Police Department regarding public safety issues with the park, and Chief Wilson stated that the Police Department is in favor of the enhancements that the Parks Department is planning. Parking issues and notifying the neighborhood were also discussed. It was suggested that staff get in contact with Nancy Combs, and John Leskovar. Drul! Pilot Prol!ram - Prometa Ms. Hynden presented the background information. Ms. Hynden reported that a major adjustment to her memorandum is that the University of Washington has been removed from the Prometa and the Family Dependency Court System study. This is unfortunate because this study was going to be very beneficial to the impacted systems, which is where we would look to see how it would impact our systems and social services. The legislature cut that portion, and limited the amount of money allocated to this project. There will not be anymore new participants into this program. Pierce County Alliance (PCA) in Tacoma is the only place in the State of Washington that can provide this service. The price to participate in this program with PCA has significantly dropped. They were charging $5,000 per person. It has dropped because so many people have pulled out fmancially from the program, allowing us to be in a greater bartering mode. Even with this drop in price Ms. Hynden still does not recommend participating in the drug pilot program. Ms. Hynden says that the study is still premature and she recommends that the City step back from the project until it is proven that it is worth the benefit. Commissioner Park asked why the $800,000 that Pierce County Council approved to fund the Prometa Protocol was suspended. Ms. Hynden answered that it was suspended because their own internal auditor found that there was exaggeration in the outcome of studies that were done internally. Council member Ferrell moved to approve Option 1; The Federal Way City Council not fund the Prometa Protocol Pilot Program. Council member Park seconded. Motion passed. Council member Park asked what would happen to the $20,000 that was carried forward for this project. Ms. Hynden answered that the $20,000 would be returned to the City's general fund. Other Future PRHSPS meetings will take place at 5:30pm. Council member Kochmar would like Festivals added to pending items. The Board of Directors for Festival Days has dissolved, and the event will not take place in 2008. V olunteer Dinner is scheduled for May 2nd. West Hylebos Park grand opening is scheduled for May 3'd. NEXT MEETING - May 13,2008 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:37p.m. - .. .... '~'..- - ,,".,'~ A~'.'-"-"---"~'-'''''''''''--'''''.;''''J:'''''',y.!,:...;!:_'r':''~~'-.' COUNCIL MEETING DA TE: May 20, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Contract for FWCC Electronic Message Board Monument Sign POLICY QUESTION: SHOULD CITY COUNCIL APPROVE A CONTRACT FOR AN ELECTRONIC MESSAGE BOARD MONUMENT SIGN FOR THE FEDERAL WAY COMMUNITY CENTER? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COMMITTEE CA TEGORY: rg] Consent MEETING DATE: May 13, 2008 o o Resolution Ordinance o Public Hearing o Other DEPT: PRCS o City Council Business STAFF REpORT By: DONNA HANSON ...........-....-..-..--.----...--.~.-.-.___h.__ ... ......_..____._..___._._,_...._.___......._.__~_....._.__. Attachments: na Options Considered: Three proposals were received for an electronic reader board sign at the comer of S. 33yd SL and 9th Ave S. The reader hoard will he used to advertise aeh.ties at the Federal Way Community Center. Staff contacted references on all three bidders for the following quotes: Aarohn Co. $25,730.00 including tax 1-5 Design $26,784.00 including tax Tube Art Displays $23,977.82 including tax Authorized budget for this project was estimated at $30,000 Tube Art quote: $23,977.82 plus $2,398.00 (10% contingency) for a total cost 0[$26,375.52 m _...._.. .___m.~__.~.........._......._.._.._ ..~.........__._.-....._.-._-_."'_.-..._.,'- STAFF RECOMMENDATION: Authorize execution of contract with low bidder, Tube Art Displays for reader board sign CITY MANAGER APPROVAL: Council DIRECTOR ApPROVAL: COMMITTEE RECOMMENDATION: Council COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL HILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION' "J move approval to award the cootroc/to lube Art D;splays in the amount of $26, 375. 52for an electronic message board monument sign at the Federal Way Community Center" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) f\-\ - COUNCIL MEETING DATE: May 20, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAGHALlE PARK SOCCER FIELD-ARTIFICIAL TURF: ACCEPT WORK BY ATLAS TRACKS, INC. AG #07-148 POLICY QUESTION: Should the renovation of the soccer field at Saghalie Park with synthetic turf, performed by Atlas Tracks, Inc., be accepted as complete? COMMITTEE: PRHSPS MEETING DATE: May 13,2008 CATEGORY: [8J Consent D City Council Business STAFF REpORT By: B SANDERS D Ordinance D Resolution D D Public Hearing Other DEPT: Parks, Rec. & CuI. Services Substantial completion of the soccer field renovation at Saghalie Park was established on April 3, 2008. This work consisted of installation of base material, drainage, fencing, concrete paths, and synthetic turf. The City is prepared to formally accept the construction contract as complete. Budget: Total resources at the time of award of this contract were: $978,000. Of this amount $925,494.21 was identified for construction costs, including a 10% contingency. The total budget established for the project, including design, construction and related expenses was $977,650. Actual costs are below the budgeted amount, at $969,600.97. Project Costs: Construction Base Bid: Alternate (Fencing): Subtotal: W A State Sales Tax-8.9%: Original Contract: $ 7]9,394.19 $ 53,203.03 $ 772,597.22 $ 68,761.15 $ 841,358.37 Change Orders, including Sales Tax: Total, Construction Contract: Subtotal, Design and other costs: GRAND TOTAL: $ 58,167.96 $899,526.33 $ 70,074.64 $969,600.97 The work performed by Atlas Tracks, Inc. has been acceptable, and was performed within the scope of the contract and schedule. Attachments: None Options Considered: ]. Accept contract with Atlas Tracks, Inc. as complete, and release retainage. 2. Do not accept contract as complete. ~-\ - "''''.~ _~._'.. _ _'_"_'~'~."o.''''''_~_k___''"''~",~~""~~,,,~ STAFF RECOMMENDA nON: Staff recommends that the contract with Atlas Tracks, Inc. be accepted as complete, and that retainage be released. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: C ttee Council Council COMMITTEE RECOMMENDA nON: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move acceptance of the Saghalie Park Soccer Field-Artificial Turf project performed by Atlas Tracks, ]nc,. as complete, and approve release of the retain age. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 13-2. ~~~~~~~~~E~!I~~J?~!~_:_~~I_~~'_~~~~~ . ....___m____~m________m~_~~_ ....mmmm....... _ ... ~~~~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: WEST HYLEBOS WETLANDS TRAIL IMPROVEMENTS: ACCEPT WORK BY EPIC CONSTRUCTION AG #07-113 POLICY QUESTION: Should the trail (boardwalk) improvements at West Hylebos Wetlands, constructed by Epic Construction, LLC, be accepted as complete? COMMITTEE: PRHSPS MEETING DATE: May 13,2008 CATEGORY: ~ Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: B SANDERS DEPT: Parks, Rec. & CuI. Services __n_._._.__..________._.______._____..____....._.__._.___.___._____....__..______...._. _.............. ..............._.._..._._._._..._ ..... ....__...................._._ ..._...__...__._.....,_._ ... ......_.......__._....._..__._..._._..._._._.._..___,__............___.._.....___..'"_._.___._._.___.____.._..~ Substantial completion of the boardwalk was established on January 4, 2008. This work consisted 9f removal and disposal of the existing boardwalk, installation of two types of foundations, and construction of a 3700' long boardwalk with bull rail and guard rail. Budget: Total resources at the time of award of this contract were: $1,439,293. The total budget established for the project, including design, construction and related expenses is $1,420,220.35. Of this amount $1,127,788.59 was identified for construction costs, including a 10% contingency. Actual costs for construction are below the budgeted amount at $1,066,706.59. Project Costs: Construction Base Bid, wi 2 alternates: W A State Sales Tax: Original Contract: $ 941,550.00 $ 83,797.95 $1,025,347.95 Change Orders, with Tax: Total, Construction Contract: Subtotal, Design, Signage, and Other Costs: $ 41,358.64 $1,066,706.59 $ 292,431.00 GRAND TOTAL: $1,359,137.59 The work performed by Epic Construction, LLC, has been acceptable, and was performed within the scope of the contract and schedule. Attachments: None Options Considered: I. Accept contract with Epic Construction, LLC, as complete, and release retainage. 2. Do not accept contract with Epic Construction, LLC, as complete. STAFF RECOMMENDATION: Staff recommends that the contract with Epic Construction, LLC be accepted as complete, and that retainage be released. c-\ CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ Cormruttee Council COMMITTEE RECOMMENDA nON: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move to accept the West Hylebos Trail Improvements performed by Epic Construction, LLC, as complete and approve release of retainage. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDmEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # I: W Hylebos Boardwalk Construction\Corr\Council Agenda Bill to Accept Project 5-20-08 C-'L COUNCIL MEETING DATE: May 20, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER CAFE VENDOR CONTRACT POLICY QUESTION: Should the Council approve the Community Center Cafe vendor contract? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COMMITTEE MEETING DATE: May 13,2008 CA TEGORY: [gJ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~-}?!_~~Q~!}~X~Q~~g~~~~!12_~~~~!:l}~_~~!1!~!:_~_t12~E~_~~()E:___.._____ _____....___.___. _.._..I?~_~_!~_~~~~_______________._______ To better serve the customers and surrounding neighborhood, the Federal Way Community Center plans to add cafe operations. A Request for Proposal was issued on April 3, 2008; and published in the Federal Way Mirror, Daily Journal of Commerce, and the City of Federal Way web-site. Billy McHale's Restaurant was the only fIrm that submitted a proposal for vendor services on April 22, 2008. The Federal Way Community Center plans to have concession infrastructure built-in, along with the installation of selected appliances and fixtures. Billy McHale's Restaurant will provide the following equipment: Cash register, coffee brewer, espresso machine, smoothie blender, soup kettles, food warmer, rice cooker, hot dog roller, and microwave. Billy McHale's Restaurant has proposed to provide 5% of Gross Revenues (if weekly sales are less than $4,700) and 10% of Gross Revenue (if weekly sales are equal to or greater than $4,700) Options Considered: 1. Approve the 2008 Community Center Cafe Vendor Contract for Services 2. Decline the 2008 Community Center Cafe Vendor Contract for Services STAFF RECOMMENDATION: Staffrecommends Council approve the 2008 Community Center Cafe Vendor Contract for Services, and authorize staff to proceed with a provision for cafe services. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: to Council to Committee To Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PRO'POSED COUNCIL MOTION: "I move approval of a contract with Billy McHale's Restaurantfor concession services at the Federal Way Community Center. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinallces ollly) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ - ..~', ;.', >~~>.:<> ~~,~.,.~~..~~:~~~*.;;:,";::;;t,>;'-"':''',J;.,,;..."V';'w COUNCIL MEETING DATE: -.--M~'l-2dl-f-ZQQa----...--.....-------..---------...----...._...______.__.!!~~!I-:..--.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008 Human Services Commission Work Plan POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION WORK PLAN FOR 2008? COMMITTEE: PRHSPS MEETING DATE: May 13,2008 CA TEGORY: [8J Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: L YNNETIE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development -.--------------------------________________________________________________________~~~!~~_~Q~p~!:!!!l~~_______________._ Attachments: · Memorandum to PRHSPS Council Committee Dated May 2, 2008 · 2008 Human Services Commission Work Plan. Options Considered: I. Recommend approval of the 2008 Human Services Commission Work Plan. 2. Do not Recommend approval of the 2008 Human Services Commission Work Plan 3. To amend the proposed 2008 Human Services Commission Work Plan. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Comnutlee Council Council COMMITTEE RECOMMENDA TlON: "I MOVE TO APPROVE OPTION Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option _" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # E ,\ ~,~ "', ~ _,,".-. - ."~,, ~~ -.. .... ~"~ ~..".."~"'..~..:'';:''<c';;''i..'i,;.,..~~~'I(J;l;z Memorandum Date: From: To: Via: Subject: May 2,2008 AlA Lynnette S. Hynden, Human Services Manageli"&6--/ PRHSPS Council Committee Cary Roe, Assistant City Manager ~ 2008 Human Services Commission Work Plan Backl!round Each year the Human Services Commission develops an annual Work Plan that directs their activities for the year. This year the Work Plan was unusually delayed due to the transition of the new Human Services Manager in January 2008. This year the Commission elected their chair at the end of February 2008. At the Commission's April 2008 retreat, they developed and approved the attached proposed 2008 Work Plan. Primary actives ofthe Work Plan include, and are not limited to, the following: · Make a recommendation whether the City of Federal Way should become a direct entitlement City as a Community Development Block Grant (CDBG) funding program or stay in the King County Consortium for another 3-year contract term. · Conduct the 2009/1 0 CDBG public services and 2009 capital allocation process and make funding recommendations. · Conduct the 2009/1 0 Human Services General Fund allocation process and make funding recommendations. The Work Plan is attached for your review. Option 1: Recommend approval of the 2008 Human Services Commission Work Plan. Option 2: Do not recommend to approve the 2008 Human Services Commission Work Plan. Option 3: To amend the proposed 2008 Human Services Commission Work Plan. Staff Recommendation: Approve the 2008 Human Services Commission Work Plan, Option I, and forward to the full Council for approval at the May 20,2008 City Council Meeting. E-2 Human Services Commission Recommendations: On April 21, 2008 the Commission approved staff's recommendation by adopting the attached Work Plan. E-~ ,. ~ .. .. ~ 4 ~ ~.. . ~ ~ _.~. <-C..._ ~.~,"-..._ _._'':.~~,',,1Cc;"''''''.o<.'''_ City of Federal Way Human Services Commission 2008 Work Plan 1. Make a recommendation to City Council to determine Community Development Block Grant (CDBG) funding options and decide whether or not to become a direct entitlement City or stay in the King County Consortium for another 3-year contract term by the second quarter of 2008. Tasks · Review the preliminary evaluation of the proposed 2009 budget, as part of the decision to become a direct entitlement City. · Determine appropriate funding levels for staff salaries, expenses and revenues. · Review any proposed changes to the Joint Interlocal Agreement regarding the CDBG program. · Recommend to the City Council whether the City should become a direct entitlement city or not. 2. Conduct the 2009/10 CDBG public services and 2009 capital allocation process and make funding recommendations to City Council. Tasks · Review estimated funding available. · Review and evaluate applications. · Conduct applicant interviews as needed. · Hold a public hearing on CDBG recommendations to obtain citizen input. · Deliberate and make funding recommendations to City Council. · Develop survey for agencies to evaluate the CDBG application process and review the results from the survey. 3. Conduct the 2009/10 Human Services General Fund allocation process and make funding recommendations to City Council. Tasks · Review estimated funding available. · Review and evaluate applications. · Conduct applicant interviews as needed. · Hold a public hearing on Human Services General Fund recommendations to obtain citizen input. · Deliberate and make funding recommendations to City Council. 4. Review the contract performance of Human Services General Fund and CDBG recipients. Tasks E-Y ..,.~" -~, ".' ,,:~..~..._..,:,,'...~-.:..,"'-':."..-_._....'!..."l. . Human Services Commission 2008 Work Plan Page 2 · Review the quarterly reports submitted to the Human Services Division to evaluate contract performance of the funded human service agencies and determine if performance goals are being met. · The HSC will present an Annual Report containing the performance measured outcomes of the agencies funded by the Human Services General Fund and/or CDBG awards. The report will be submitted by the Human Services Commission to the Council Committee and then reported to the full Council. · Any agency deemed "not-performing" after reviewing the quarterly status reports from the agency will be notified of the Commission's recommendation to withhold payment oftheir contract and/or amend their contract before the Commission reports the change in status to the Council Committee and the full Council. S. Review sub-regional, regional and federal legislation on human services and CDBG trends and activities. Tasks · The HSC will receive briefings on the activities of the South King County Human Services Forum. · They will receive briefings on the South King County Council of Human Services. · Divisional Staffwill provide briefings to the HSC on the work of King County concerning the Regional Human Services system. · The Commission will receive briefings on the activities ofthe King County Joint Recommendation Committee. · The HSC will review news regarding policy decisions at the federal level that could have a potential impact on the CDBG program. · The Human Services Commission will review news regarding local/regional/national activities and legislation that could have a potential impact on human services in Federal Way. · The Human Services Commission will make recommendations on actionable items to the Council Committee and then on to the full Council. 6. Work closely with all levels of City government to promote continued support of the City's Human Services Program. Tasks · The Human Services Commission chair or his designee will attend the Parks, Recreation, Human Services and Public Safety (PRHSPC) Council Committee and regular City Council meetings when a Commission action item is on the agenda. 7. Building capacity by developing partnerships with faith based organizations, human services agencies, Federal Way Public Schools and other potential stakeholders. This will increase coordination and outreach efforts to promote awareness and collaboration around human services issues. Tasks E-~ ... "..'.,.' ..", "",",'W"N"'.'-<"'" I ;,. -> . Human Services Commission 2008 Work Plan Page 3 · The Human Services Commission will create and assist in the distribution of the Human Services brochure to local civic organizations and human service agencies, and display at local stores, restaurants and other public venues in Federal Way. · The Commission will explore a human service fundraising event and other funding sources and opportunities to support the City's human services programs and community agencies. . The HSC may explore efforts to increase the Federal Way School District's presence by collaborating and promoting joint implementation efforts of human services in the city. . Explore using Channel 21 to communicate human services resources and information to the public. f;-l, COUNCIL MEETING DATE: May 20, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM POLICY QUESTION: Should the City of Federal Way receive funds for the Community Development Block Grant (CDBG) program for the 2009-2011 period through the King County cDBG Consortium as a Joint Agreement City, receive CDBG entitlement funds directly from the Department of Housing and Urban Development (HUD), or participate in the regular King County CDBG Consortium? COMMITTEE: PRHS&PS MEETING DATE: May 13,2008 CATEGORY: [8] Consent D City Council Business D Ordinance D Resolution o o Public Hearing Other ~_T AJ!!-~J>g~!-~-Y-:--IS_l?!ILQ_'g_<?!l!!l?!!?~Q.J:3S!__~<?2~~in(l!2r DEPT: Community Development Attachments: · Letter from King County notifying Federal Way of option to continue participation in the King County CDBG Consortium or withdraw. · Draft Joint Interlocal Agreement Regarding the CDBG Program. · Recommendations from April 21, 2008, Human Services Commission meeting with staff reports dated April 15, 2008 and April 18, 2008_ Options Considered: 1. Authorize the City Mariager, or his designee, to sign an interlocal agreement regarding the Community Development Block Grant (CDBG) Program for continued participation in the King County CDBG Consortium for the 2009-201I period as a Joint Agreement City with technical changes. 2. NotifY King County and HUD that Federal Way will no longer participate in the King County cDBG Consortium and will receive cDBG funds as a direct entitlement for the 2009-20 II period. 3. Authorize the City Manager to sign an interlocal agreement regarding the Community Development Block Grant (cDBG) Program for continued participation in the King County CDBG Consortium for the 2009- 20 II period as a regular CDBG consortium city. The Human Services Commission recommended Option I be forwarded to the City Council for consideration prior to receipt of official notification from King County. The technical changes outlined in the staff reports have been included in the proposed agreement that has been forwarded to the City Attorney's Office for review. Acceptance of the Interlocal Agreement will also continue participation in the HOME Consortium for the same p~~i_<?c!:______~l?_~~E(l_I__~(l)-'__~0~~_!l<?!_h.~~':_~'!_2P_t!2!!-!~~l?-'X::(l~~!!l!~!~~ih.~!iQ~~-'p~<?g~(l~~______ _ _________________________________ STAFF RECOMMENDATION: Accept option I. CITY MANAGER ApPROVAL: @ Counci I Committee 5/5" jOlJ Co'uncil DIRECTOR APPROVAL: COMMITTEE RECOMMENDA TION: 1 move approval of option _ . Jeanne Burbidge, Chair Jim Ferrell, Member Michael Park, Member \=-\ PROPOSED COUNCIL MOTION: "I move approval of option _' " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordilUlnces only) REVISED - 02106/2006 t:-2- COUNCIL BILL # 1ST ~eading Enactment reading ORDINANCE # RESOLUTION # ~ King County Department of Community and Human Services Jackie Maclean, Director 401 5th Avenue, Suite 500 Seattle, WA 98104 (206) 263-9100 Fax (206) 296-5260 TTY Relay 711 rd?rJ The Honorable Jack Dovey, Mayor City of Federal Way 33325 8th A venue S Federal Way, WA 98063-9718 Dear Mayor Dovey: I am writing to you regarding the continuing participation by the City of Federal Way in the King County Community Development Block Grant (CDBG) Consortium and the King County HOME Investment partnerships Program (HOME) Consortium. The current Joint Interlocal Cooperation Agreement (Joint Agreement) for these two federally-funded programs cover 2006 - 2008 and it is time to consider the 2009 - 20 II period. This letter is to notifY you that the renewal of the combined cOBG and HOME Consortia Joint Agreement will include updates for the years 2009-20 II, and consequently, will need to be adopted by the King County Council and the councils of all participating cities in the CDBG/HOME Consortia for signature in the coming months. The renewal of the Joint Agreement for 2009-20 II will only include updates that are technical in nature: I) to provide all necessary citations for combining coverage of the CDBG and HOME programs within one Joint Agreement; and 2) to account for potential changes in participation status for two cities who may quality as metropolitan cities for the next three-year period (Kirkland and Redmond), and may elect to stay in the regular COBG/HOME Consortia, to become Joint Agreement Cities, or to receive their own CDBG entitlement and become a member of the HOME Consortium only. If either city elects to change their status the updated Joint Agreement will need to include a new rotation schedule of Joint Agreement City and HOME-only City representatives on the interjurisdictional Joint Recommendations Committee (JRc). The overall number of representatives on the JRC will not change, only the frequency of service for Joint Agreement and HOME-only cities. These technical changes will have no impact on any of the substantive elements of the Joint Agreement that were negotiated in 2005 and will have no impact on your city as a continuing participant in the cDBG/HOME Consortia as a Joint Agreement City. A red-lined version of the 2006-2008 Joint Agreement showing the HOME technical amendments and the potential changes in the rotation of Joint Agreement and HOME-only representatives to the JRC are enclosed in this mailing for your review. As a metropolitan city that has elected to participate in the CDBG/HOME Urban County Consortia, we must inform you of the following: @ REcn:lEU PM'fR ~-s The Honorable Jack Dovey April 28, 2008 Page 2 of3 · If your city chooses to remain with King County CDBG Consortium, you are not eligible to apply for grants under the State cDBG program during the 2009-20 II term; · If your city chooses to remain with the King County CDBG Consortium as a Joint Agreement City, you 'will also be a member of the King County HOME Consortium and may only participate in the HOME program as a part of the King County HOME Consortium, and will not be able to apply to the State of Washington for HOME funds. Benefits of Continuing Participation in the King County CDBG Consortium · Low and moderate-income homeowners in your city can apply for grants or loans to repair their homes; · Low and moderate-income residents who are at risk for homelessness, eviction or foreclosure may be eligible for emergency grants and/or loans to help them remain in their homes or move into permanent housing; · Nonprofit organizations that serve your city can apply for funds to acquire, construct and/or rehabilitate human service facilities or housing that serve low- and moderate-income residents; · Nonprofit organizations that serve your city can apply for funds for human service programs that serve low- and moderate-income residents; · Your city can allocate CDBG funds to projects selected by the city, in compliance with the Joint Agreement. Federal regulations for the CDBG Program define low and moderate-income as annual household income at 80 percent or less of the area median income for King County as established by HUD. In 2008, for example, a family of four with a household income of $61 ,500 or less is eligible for these programs. Benefits of Continuing Participation in the King County HOME Consortium · Your city and affordable housing developers serving your city may apply for HOME funds to help meet locally identified affordable housing needs, including affordable rental housing and first- time homeownership programs; · Your city and affordable housing developers serving your city may apply for HOME funds to support the rehabilitation and preservation of affordable housing in your jurisdiction; · Your city can participate in the city/county staff working group that develops recommendations for the inter-jurisdictional Joint Recommendations Committee on specific projects to receive HOME funds, as well as program guidelines. Participation Letter Required @ RECYCLEO P,\?Efl 'f-- ~ The Honorable Jack Dovey April 28, 2008 Page 3 of3 If your city desires to continue participation in the King County cDBG/HOME Consortia as a Joint Agreement City for the three year period of 2009-20 I I, your city must notify both King County and HUD in writing, no later than May 26, 2008, that you intend to continue participation. You must also notify King County and HUD if you choose not to maintain a Joint Agreement with the King County CDBG/HOME Consortia by the same date. Unless we hear from your city that you do not intend to continue participating in the King County Consortia through a Joint Agreement, we will notify you when the King County Council has adopted the updated Joint Agreement for the approval of the governing body of your city. The letter indicating your decision regarding continued participation in the King County CDBG/HOME Consortia must be sent to the following addresses: King County Housing and Community Development Program A TTN: Cheryl Markham 40 I Fifth Avenue, Suite 510 Seattle W A 98104 John W. Peters, Director Office of Community Planning and Development U.S. Department of Housing and Urban Development 909 First Avenue, Suite 300 Seattle, W A 98104-1000 Thank you for your attention to this matter. Sincerely, a~;e--- Director JM:te Enclosure cc: Lynette Hynden, Human Services Manager, City of Federal Way Kelli O'Donnell, CDBG Coordinator, City of Federal Way Linda Peterson, Division Director, Community Services Division A TTN: Cheryl Markham, Project/Program Manager rv, Housing and Community Development Program Kathy Tremper, Project/Program Manager III John dechadenedes, Project/Program Manager III Eileen Bleeker, Project/Program Manager II f-~S @ Rfn'CLfO P,\PER JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into by and between King County (hereinafter the "County") and the City of , (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act"), as amended, will make available to King County Community Development Block Grant (CDBG) funds, hereinafter referred to as "CDBG", for expenditure during the 2009-20116 2008 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United States Department of Housing and Urban Development ("HUD"), as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation of CDBG funds based on formula, taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBG program within the urban county; and WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan city becomes a part of the urban county for purposes of program planning and implementation for the entire period of the urban county qualification, and for the CDBG program, will be treated by HUD as any other unit of general local government that is a part of the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a consortium that includes other participating jurisdictions ("Consortium") to implement the terms of this Interlocal Agreement; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan ("Consolidated Plan") by participating jurisdictions; and WHEREAS, the County shall undertake CDBG-funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifYing entities to carry out such activities; and F-(P I CDBG Joint Interlocal Agreement I of 14 20026-20011& WHEREAS, the County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan are met; and WHEREAS. the County and the participating jurisdictions agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by the National Affordable Housing Act of 1990. as amended. 42 USC 12701 eLseq. and 24 CFR Part 92 for purposes of the HOME Investment Partnerships Program. hereinafter referred to as "HOME Program", and to cooperate in undertaking HOME Program activities; and WHEREAS, the County and the City are committed to targeting CDSG and HOME Program funds to ensure benefit forte ~Iow- andto moderate-income persons as defined by HUD; and WHEREAS, the County and the City recognize that needs of~low---aad to moderate-income persons may cross jurisdictional boundaries and therefore can be considered regional and sub- regional needs as well as local needs; and WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Joint Interlocal Agreement, entered into pursuant to aFld in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the distribution and administration of CDBG, HOME Programlm'estment Partnership, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERA nON OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT The County and City agree to cooperate to undertake, or assist in undertaking, activities which further the development of viable urban communities, including the provision of decent housing and a suitable living envirorunent and expanding economic opportunities, principally for persons of low-and-moderate income, through community renewal and lower income housing assistance activities, funded from annual CDBG and HOME Program funds from federal Fiscal Years 2009, 2010 and 20116, 2007, and 2008 appropriations, from recaptured funds and from any program income generated from the expenditure of such funds. II. DEFINITIONS A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as described in Section V of this Agreement. ~-\ I CDBG Joint Interlocal Agreement 2 of 14 2002e-20011& B. "Entitlement amount" means the amount of funds that a metropolitan city is entitled to receive under the Entitlement Grant Program as determined by formula set forth in Section 106 of the Act. C. "Program income" means gross income received by the City directly generated from the use of City CDBG funds which includes income from the Housing Repair Program projects within the City and a pro rata share of net income generated from float loan activity. Pro rata calculations will use the amount in II (B). D. "Recaptured funds" means a fund balance that remains at the close of a project activity, cancellation of an awarded project or a repayment of funds that is required due to determination of ineligible activity by HUD, change of use from original grant award or sale of property. E. "New stand-alone capital project" means a project that requires the establishment of a new HUD IDIS activity number as opposed to an existing project where supplemental funding is being added. F. "Stand-alone public service project" means a project that has not been funded by the sub-regional process utilized by those non-entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program in the applicable program year. A City's stand-alone public service project may include more than one subcontract as long as only one HUD IDIS activity number is required and the City submits all information, reports and invoices to the County as one project. G. "Joint Agreement Cities" means CDBG entitlement cities that choose to participate in the King County CDBG Consortium for administration of CDBG funds as a party to this agreement. III. GENERAL DISTRIBUTION OF FUNDS A. The County will retain an amount equal to 10% of the City's CDBG Entitlement plus program income each year for administration and fund management. The remaining 10% of the City's CDBG entitlement plus program income available for planning and administration will be allocated by the City and may be used to plan and administer the City's CDBG projects in accordance with this agreement. B. ' The County will retain an amount equal to 2% of the City's CDBG Entitlement plus program income each year for eligible project management related costs for the implementation of projects funded by the City. C. Five percent of the funds available from the City's CDBG Entitlement plus program income shall be retained for the Housing Stability Program, a public service activity in support of homeless prevention and in support of the affordable housing requirements under the implementation of the State Growth Management P"1 I CDBG Joint Interlocal Agreement 3 of 14 20020-200118 Act (RCW Chapter 36.70A). The remaining 10% from the City's entitlement plus program income available for public services will be allocated by the City in accordance with this agreement. D. Twenty-five percent of the funds available from the City's CDBG Entitlement plus program income shall be retained for the Consortium-wide Housing Repair program. The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or in the need for housing repair that justifies an increase or decrease. The remaining capital funds will be allocated by the City in accordance with this agreement. E. The balance of the City's Entitlement plus program income, along with any recaptured funds from city-funded projects, may be allocated to projects selected by the City, provided they are consistent with the provisions of Section IV below. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals and objectives of the King County Consortium Consolidated Plan. B. Funds shall be used in accordance with the CDBG regulations at 24 CFR 570 and all other applicable federal regulations. C. The City agrees to a maximum of two new stand-alone capital projects per year with a maximum of one project that may trigger Davis Bacon annually. Capital funds not used for these projects may be allocated to sub-regional projects by the City unless returned by City to the sub-regional fund. D. Public Service funds. The City agrees to a maximum of four stand-alone public service projects per year. Funds contributed to a sub-regional public service project would not count as part of the four stand-alone projects in this agreement. -'*~ l.There will be a one year extension through 2006 to those public service projects awarded funds in 2005. Should the City cancel and/or amend one of those projects, they may reallocate the funds to another project funded in 2005. 2.The City agrees to a maximum of four stand alone public service projects per year commencing in program year 2007. Funds contributed to a sub regional public service project would not count as part of the four stand alone pmjects in this agreement. E:-No project funding minimum,is established in this agreement. Project minimums that may be established by the JRC for the Consortium sub-regional funding shall not be binding on the Joint Agreement cities. I CDBG Joint Interlocal Agreement t=-\ 4 of 14 20026-200118 ~ .. --"--_.~-"---~ I V. JOINT RECOMMENDATIONS COMMITTEE An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2009-20116 2008 Consortium Interlocal Cooperation Agreement and is hereby adopted as part of this agreement. A. Composition-The JRC is composed of three county representatives and eight cities representatives. 1. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those non-entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program. 3. The remaining four cities representatives shall be from cities that qualify to receive CDBG or entitlement funds directly from HUD that are signing either Joint agreements or HOME-only agreements. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program. 4. Two of the eight cities representatives shall be rotated among the CDBG Joint Agreement eitiescities. of Federal Way, Shoreline and Renton. The two representatives will vote on issues affecting Joint Agreement Cities that are specific to this agreement~ 5. For all the rotating positions,3he Joint Agreement cities will notify the County by the end of the second week in February of each year, who the two Joint Agreement city representatives will be for that year. each city will serve two years on and one year off. Each City will select its representative and notifY the County. [\Vhich City goes Ist,2OO ,J-r6?] No city '.vill serve more than two consecutive years. 6. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. B. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium lnterlocal Cooperation Agreement shall provide for the appointment of their shared representatives in a F-Io I CDBG Joint Interlocal Agreement 5 of 14 200~6-20011& manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub-region and two from the south sub-region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties-The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG and HOME Program~, including but not limited to the Consolidated Plan and related plans and policies. 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds and HOME Program funds, including the Administrative Set-aside. 3. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from CDBG and HOME Program -funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. D. Advisory Committees to JRC-In fulfilling its duty to review and recommend projects and programs to be undertaken with-the CDBG and HOME Program funds, the JRC shall consider the advice of inter-jurisdictional advisory committees. Sub-regional advisory committees, made up of one representative from each participating jurisdiction in a sub-region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub-region. The JRC may also solicit recommendations from other inter-jurisdictional housing and community development committees. VI. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG and HOME Programf_funds has responsibility for and assumes all obligations in the execution of tffithes CDBG and HOME ProgramsProgram, including final responsibility for selecting and executing activities, ensurin~ compliance with federal requirements and submitting to HUD the Consolidated Plan, Annual Action Plan, and related plans. ~..(\ I CDBG Joint Intcrlocal Agreement 6 of 14 2002e-20011& Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. County will bear responsibility for: 1. the HUD-related portions of program planning 2. preparing and submitting the Annual Action Plan and application to HUD 3. preparing and submitting amendments to the Annual Action Plan 4. setting up the projects in the HUD IDIS system 5. 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.) B. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recom- mendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including approval of the annual CDBG and HOME Program Administrative Set-aside~ and appropriation of all CDBG and HOME Program funds. D. The King County Executive, as administrator ofth~is COBG and HOME ProgramProgramn shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRC and provide liaison between HUD and the Urban County Consortium. County Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the JRC to help it fulfill its powers and duties. G. King County Executive staff shall have the authority and responsibility to communicate and consult with the Joint Agreement City on COBG and HOME Program policy and program matters in a timely manner. P-IL-. I CDBG Joint Interlocal Agreement 7 of 14 20026-200118 H. King County Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status ofCDBG and HOME Program -funded projects and make them available to all participating jurisdictions and the JRC. I. King County Executive staff shall administer contracts and provide technical assistance, both in the development of viable CDBG and HOME Program proposals and in complying with CDBG and HOME Program contractual requirements. J. King County Executive staff shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment of whether preparation of an environmental impact statement is required. Additional environmental review costs may be charged directly to individual project activity and will be addressed in the proposed project application. K. King County Executive staff shall implement City funded capital projects, except City administered projects as noted below. VII. RESPONSIBILITIES OF THE CITY A. City shall cooperate in the development of the Consolidated Housing and Community Development Plan and related plans. B. City shall assign a staff person to be the primary contact for the County on CDBG/HOME Program issues. The assigned CDBG/HOME Program contact person is responsible for communicating relevant information to others at the city. C. The City will bear all responsibility for local annual program planning, using financial projections that will be provided by the County. The City will ensure: 1. that all selected projects (I) are an eligible activity, (2) meet a national objective, and (3) are consistent with the Consolidated Plan and all applicable JRC policies, 2. that the public participation requirements are met and documented and will provide certification of such to the County, 3. that all requested information by the County will be submitted in a timely manner that allows the County enough time to meet HUD timelines, and I CDBG Joint Interlocal Agreement ~-l~ 8 of 14 2002e-20011& 4. 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 5th day of the month will be effective on the 1 st day of the next month. D. The Joint Agreement city and/or their funded agency owning community facilities or other real property acquired or improved in whole or in part with CDBG or HOME Program funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. I. During the period of the use restriction, the City shall notify County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG or HOME Program funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. 2. During the period of the use restriction, if the City property acquired or improved with CDBG or HOME Program funds is sold or transferred for a use which does not qualify under the applicableCDBG regulations, the City shall reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than HeR-CDBG or HOME Program funds). 3. The City will ensure County receipt of all required security documents related to funded capital project activities (this includes non-profit agencies which have been awarded funds) prior to the execution of a contract between the awarded agency and the County in order to incorporate said documents into the contractual agreement. E. City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. Prior to the first and last payment on capital projects exclusive of Housing Repair, acquisition and Community Based Development Organization projects, pre-approval must be received from County staff that federal labor requirements have been met. F. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities, locations, and allocations submitted by Joint Agreement City staff. G. City will be responsible for subcontracting with third parties for services provided by a Community Based Development Organization for employee development services; and for public service and city managed projects, except for labor standards and relocation where responsibility will be shared with the County (see I CDBG Joint Interlocal Agreement \=--1 i 9 of 14 20026-20011& ...' -'..'. ~.~~.~~,~.":~:~'.~:..:-:'~..~;<~ 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. H. City shall fulfill to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described below. I. City certifies that it has adopted and is enforcing: 1. a policy that prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and 2. a policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within jurisdiction. J. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients when they receive COBG funds to implement an activity. The applicable requirements include, but are not limited to, a written agreement with the County that complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and reversion of assets. K. City understands that it may not apply for CDBG grant entitlement funds from HUD for the period of participation in this Agreement. L. The City in its participation in the CDBG urban county consortium through this Interlocal Agreement understands that it is also part of the Urban County for the HOME rprogram and may participate in a HOME program only through the CDBG Urban Countythat it may not participate in a HOME consortium except through the Urban County, re~ardless of whether the Urban County receives a HOME formula allocation. b M. When undertaking activities and/or projects with COBG funds distributed under this Agreement, the City shall retain full civil and criminal liability as though these funds were locally generated. N. The City retains responsibility in fulfilling the requirements of the State Environmental Policy Act under which County shall have review responsibility only. I CDBG Joint InterIocal Agreement \= -1 5 100f14 20026-20011& VIII. SHARED RESPONSIBILITY A. Federal Labor Standards: I. County will determine appropriate wage rates for inclusion in the construction bids and contracts, and hold preconstruction conferences with contractors, which city staff will also be required to attend. 2. County will be responsible for reviewing and approving weekly certified contractor payrolls (wage rates, benefits, proper apprentice-journey ratios, etc.) County will complete a review of initial payrolls submitted to County staff within 10 working business days of receipt from the contractor or City before payment will be made by the contracting agency. 3. County will enforce contractor compliance with federal labor standards if the City waits to pay first and last construction draws until after the County approves the certified payrolls. If City pays before the County approves, City will be responsible for any compliance problems. 4. County will be responsible for submitting information for the semi-annual contractor/subcontractor report and the Section 3 report to HUD. 5. County will provide technical assistance to identify Davis-Bacon issues during the application process. 6. County will handle non-compliance issues provided the above requirements are met. B. Uniform Relocation Act/Barney Frank: I. City is responsible for identifying proposed projects that may trigger relocation and replacement housing requirements, and for budgeting sufficient funds in the project up front to address these issues. 2. County will provide advice and technical assistance if consulted ahead of time and will handle any necessary relocation processes. 3. City and/or funded agency will be responsible for any unforeseen relocation costs. Any umesolved relocation cost will be charged against the City's grant amount after due diligence is completed in collecting payment of funds from the funded agency. C. Financial/Fund Management: County will be responsible for contracting with HUD for the grant funds; recording and tracking loan repayments and other program income; determining ~-\~ I CDBG Joint Interlocal Agreement 11 of 14 2002e-20011& 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. D. Reporting: 1. City will report accomplishments to the County on each of their public service and stand alone projects. 2. County will prepare all reports to HUD: CAPER; semi-annual reports on contracting/subcontracting, Section 3, and labor standards; quarterly Federal Cash Transaction Reports. 3. County will report quarterly on capital project status and on housing repair activity. The Housing Stability Program report will continue to be submitted annually with updates provided on the geographic location of clients served. E. Monitoring: 1. City will annually monitor the agencies with which it subcontracts to ensure compliance with all federal, state and county requirements associated with CDBG funding with an on-site monitoring visit not less than every two years. 2. County will monitor the City (and may monitor selected subcontracting agencies). County will be monitored by HUD, the State Auditor, and by the HUD Inspector General. 3. County staff will meet with City staff quarterly to monitor, provide technical assistance, and discuss capital project status. F. City will provide the County all information necessary from its application process for contracting and implementation purposes for all other stand-alone capital projects G. City staff may participate in other Consortium-wide planning activities envisioned in the Consolidated Plan such as-the Interiurisdictional Advisory Group meetings re~arding the HOME Program HOME 'Harking Group.. and monitoring the Housing Stability Program, THOR funding, and other sub-regional processes. VIII. GENERAL TERMS \=- \\ I CDBG loint Interlocal Agreement 120fl4 2002e-200118 A. This Agreement shall extend through the 2009. 2010 and 20116, 2007, and 2008 program years, and shall remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. This Agreement shall be automatically renewed for participation in successive three- year qualification periods, unless the County or the City provides written notice that it wishes to amend this agreement or elects not to participate in the new qualification period by the date set forth by HUD in subsequent Urban County Qualification Notices. The County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall accept and agree to comply with the policies and implementation of the King County Consortium Consolidated Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 1 04(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title III ofthe Civil Rights Act), the Fair Housing Act as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. City agrees to affirmatively further fair housing and will ensure that no CDBG funds shall be expended for activities that do not affirmatively further fair housing within its jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. Parties to this Agreement agree to negotiate in good faith any issues that may arise that are not specifically addressed by this Agreement. G. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shall take place when the parties to this Agreement have executed a written amendment to this Agreement. The City and the County also agree to adopt any amendments to the Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and to submit such amendment to the HUD. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. t= -l ~ I CDBG Joint Interlocal Agreement 13ofl4 20026-20011& KING COUNTY, WASHINGTON for King County Executive Jackie MacLean Printed Name Director, Department of Community and Human Services Title Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY CITY OF By: Signature Printed Name Title Date Michael Sinsky, King County Senior Deputy Prosecuting Attorney I CDBG Joint Intcrlocal Agreement \= - \~ 140fl4 Approved as to Form: CITY OF CITY ATTORNEY City Attorney A TIEST: CITY OF , City Clerk 20026-20011& ~ CRY OF .fII"" ----:;' F~deral Way MEMORANDUM DATE: TO: FROM: SUBJECT: April 15, 2008 Human Services Commission ~ Kelli O'Donnell, CDSG Coordinat CDBG Direct Entitlement 2009-2 1 Policy Question: Should the City of Federal Way receive funds for the Community Development Block Grant (CDBG) program for the 2009-2011 period through the King County CDBG Consortium as a Joint Agreement City, receive CDSG entitlement funds directly from the Department of Housing and Urban Development (HUD), or participate -in the regular King County CDSG Consortium? Background: Every three years the City of Federal Way has the option to continue participation in the King County Community Development Block Grant (CDBG) Consortium or return to direct entitlement for the distribution of CDSG program. The CDBG program is a federally funded and regulated program of the Department of Housing and Urban Development (HUD). The goals of the annual grant are to provide decent housing & a suitable living environment; and, expand economic opportunities primarily for low- and moderate-income residents. Federal Way meets the requirements to receive the CDBG funds directly from HUD but chose to participate in the King County Consortium in response to findings of a HUD audit. An in-depth analysis of returning to direct entitlement was conducted in 2005 and a new joint agreement (Attachment A) was negotiated with entitlement size cities with King County for the distribution and administration of CDBG funds. The agreement divides the administrative responsibilities between city and county staff and allows local control for selection of projects while limiting the number of projects that can be funded. The decision to stay in the CDBG Consortium considered a /lumber of factors including the additional staffing needs should the City return to direct entitlement. Attachment B outlines the comparison of issues should the City remain in the Consortium under the joint agreement, return to direct entitlement, or return all funding to King County for distribution as part of the regular King County CDBG Consortium. Attachment C outlines the progress Federal Way has made on the Housing/Community Development Objectives in the Consolidated Housing and Human Services Plan under the existing interlocal agreement. Past and Current Federal Budget Proposals: As noted in Attachment 0, Federal Way had a 30% increase in our COSG entitlement allocation following the update to the distribution of funds based upon the 2000 Census information. Currently the CDSG formula is calculated based upon the amount of residents that are low- and moderate-income, housing built prior to 1940, and overcrowding conditions from the previous Census. The amount of funding allocated to the CDBG program by Congress has been declining since 2003. Funding of the program has dropped from a high of $4.2 billion nationally in 2003 to $3.59 billion in 2008. During this time period, the President has proposed eliminating the CDSG program and various changes to the formula. Congress has continued funding the COBG program without formula changes but the impacts of the federal deficit has limited funding of this and other programs providing public services. Pa~e 1 ~4 .~t ~-LO The 2009 Presidential budget proposes cutting. the COBG program an additional 18% to $2.93 billion. The House and Senate budget resolutions appear to restore funding to the program and note the need to address additional community needs from the downturn in the national economy as well as housing issues. The budget resolutions are non-binding but set the limits for the allocations to the 12 appropriation subcommittees. With the upcoming elections, war, national deficit and current housing and economic issues, it is unlikely that COBG will increase to the 2003 funding levels in the next few years. Notification Process and Status of Joint Agreement Negotiations: Based on prior year notifications from HUO, Federal Way must make a decision to remain in the King County CDBG Consortium for the 2009-2011 period or return to direct entitlement status . by approximately May 30, 2008, unless an extension is granted from King County and HUO. Staff has been talking with King County about extending the current JointAgreement for the next three year period. A formal notification letter has not yet been received. King County has indicated during discussions that they would be willing to extend the agreement with a few technical changes, address the possibility of Redmond becoming a Joint Agreement City in addition to Federal Way, Renton and Shoreline, and add a rotation schedule in for the Joint Recommendation Committee. Since it does not appear that the agreement can be extended as it is currently adopted, it is expected that King County will need to request an extension from HUD. An extension to August 1 was granted in 2005 during the last notification process. Federal Way staff is hopeful that the agreement can be extended with only technical modifiCations noted above. This analysis is based upon current information. The Commission may be asked to reconsider this recommendation should the final Joint Agreement have any additional changes proposed by King County. Options for Consideration: Attachment A outlines the issues that need to be considered for each of the three options that will be reviewed at the Commission retreat. Additional information will be presented at the Commission meeting. The three options are: A. The City continues participation in the King County COSG Consortium and partners with the County to administer the program and splits administration funds available to administer the prograin. Negotiations are underway between the joint agreement cities (Federal Way, Renton and Shoreline) and King County on amending the current interlocal agreement for joint agreement cities in the COSG Consortium for the 2009-2011 period. There is the possibility that the City of Redmond may be granted entitlement status by HUD and be included in the agreement. . Key items of the Joint Agreement: 1. The County receives 10% of funds available for planning & administration and an additional 2% of capital funds for direct capital project management costs. 2. The City receives 10% 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 25% of the City's entitlement. 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. I I Page 2 of 4 ~~-L\ . Limited to 4 public service project contracts with King County but may combine similar projects under one contract. . Limited to 2 stand alone capital projects with only.one that triggers Davis-Bacon. Additionally, the City may add funding to open CDBG/HOME projects from Federal Way or the Consortia. 6. The City and County have shared responsibilities as outlined for prevailing wages, Uniform Relocation Act requirements, and other federal requirements. B. The City self-administers the CDBGprogram as a direct entitlement. The City is responsible t9 HUD for meeting all of the federal requirements of the program. . Staffing scenarios will be reviewed with the Commission at the meeting. The scenarios are drafts onlv to consider staffing requirements and the impacts of further reductions to the CDBG program during the 2009-2011 time frame. C. The City gives the COBG funds to the King County COBG Consortium to administer the program. Recommendation to the City Council: The information on direct entitlement options will be reviewed during the Human Services Commission retreat. Ouring the Human Services Commission regular meeting following the retreat, the Commission will be asked to make a recommendation to the City Council on how to proceed. Options: A. Authorize the City Manager to sign an interlocal agreement regarding the Community Development Block Grant (CDBG) Program for continued participation in the King County CDBG Consortium for the 2009-2011 period as a Joint Agreement City with only the technical changes outlined above. Advantaoes: . The proposal contains the administrative costs to Federal Way's COSG program that can be charged by King County. . Federal Way retains local control of public service projects and capital projects with some limitations. . King County will retain responsibility to the federal government for all activities undertaken with CDSG funds. . King County has the staff and infrastructure in place to operate the CDBG program and implement a variety of projects and programs. . Federal Way has representation on the Joint Recommendation Committee that adopts policies of the Consortium. . Federal Way has been able to implement a variety of COBG projects within the confines of the existing agreement. Disadvantaoes: . Federal Way will be limited to one stand alone capital project per year that triggers Davis- Bacon and other federal requirements and one additional stand alone capital project that does not trigger Davis-Bacon and other federal requirements. Federal Way may allocate funds to additional regional capital projects that are funded by the Consortium. p~~r F - 2..- 2-- · Federal Way's COBG program may be impacted by policies adopted by the Joint Recommendations Committee and changes made by the overhaul of the COBG Consortium. · The City may need to subsidize the current staff position should planning and administrative funds be cut as a result of reduced funding of the CDBG program by Congress. · King County staffing capacity has been an issue on the implementation of some COBG projects. Projected. County budget shortfalls and reductions to the CDBG program may further impact the program. S. Notify King County and HUO that Federal Way will no longer participate in the King County COBG Consortium and will receive CDBG funds as a direct entitlement for the 2009-2011 period. Advantaoes: · The City has full control over Federal Way's CDBG program within the federal guidelines. Disadvantaoes: · Federal Way will assume responsibility to the federal government for all activities undertaken with COBG funds. · The City will need to recruit and train additional staff and set up administrative systems to administer the program including impacts on finance and legal staff. · Reductions to CDBG funding over the 2009-2011 period may require that the City subsidize the program to a greater extent and/or reduce staff and programs. · Projects funded would be limited by staff capacity to implement projects. C. Authorize the City Manager to sign an interlocalagreement regarding the Community Development Block Grant (CDBG) Program for continued participation in the King County COBGConsortium for the 2009-2011 period as a regular COSG consortium city. Advantages: · All staffing costs and administrative responsibilities will be the responsibility of King County. Disadvantaoes: · No local control of public service projects and capital projects implemented with COSG funds. Staff Recommendation: Staff recommends Option A because it provides local control over projects funded for public services and capital projects while limiting. The impact of the federal deficit on domestic programs as well as the housing crisis and economic downturn makes it likely that federal funding of the CDSG program will continue to be reduced over the next few years. The City will again have the option to return to direct entitlement in 2011 for the 2012-14 period. Commission Recommendation: . Forward Option _ to the Parks,\ Recreation, Human Services and Public Safety Committee for recommendation to the full Council. Please contact me at (253) 835-2653 or kelli.odonnell~cityoffederalway.com if you have any questions regarding this item. . paM \: - '2- :> Attachment A '" {:OMMlJN/TY~fv~EIVEO BY JOINT INTERLOCAL AGREEMENT . -loPMFNTOfPf:kT;IW~~_: REGARDING THE AUfj -j J IOO~ COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM .. '. ,: THIS AGREEMENT is entered into by and between King County (hereinafter the "County") and the City of Federal Way , (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and ColllDlWlity Development Act of 1974 (tbe "Act"), as amended, will make available to King County Community Development Block Grant (CDBO) funds, for expenditure during the 2006-2008 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United S~tes Department of Housing and Urban Development ("HUD"), as an urban county for the purpose of receiving CDBO"funds; and WHEREAS, the Act directs HUD to distribute to each urban county a share ofthe annual appropriation of CDBG funds based on fonnula,. taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBO program within the urban county; and WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan city becomes a part of the urban county for purposes of program planning and implementation for the entire period of the urban county qualification, and for the CDBG program, will be treated by HUD as any other unit of general local government that is a part of the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a consortium that includes other participating jurisdictions ("Consortium") to implement the terms of this lnterlocal Agreement; and WHEREAS, the CDBO Regulations require the acceptance of the consolidated housing and conummity development plan ("Consolidated Plan") by paiticipatingjurisdictions; and WHEREAS, the County shall Wldertake CDBO-funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifYing entities to cany out such activities; and WHEREAS, the County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan are met; and COBO Joint IJltcrlocal Agreement ] of]2 2006.2008 ~ \=--2- Y . > ,>,.'.. ..~.~~." ..:~-:..::~~ .:~~~, ~...:.:".::..:.;.). .:-.~ ;. WHEREAs. the County and the City are committed to targeting CnBG funds to ensure benefit to Jow- and moderate--income persons as defmed by HUn; and WHEREAS. the County and the City recognize that needs of low- and moderate-income persons may cross jurisdictional boundaries and therefore can be considered regional and sub-regional needs as weU as local needs; and WHEREAS. the County. in conjunction with the participatingjurisdictioDs. must submit an Annual Action Plan to HUD. which is a requirement torcccive CDBG funds; and WHEREAS. the purpose of this Joint Interlocal Agreement, entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34. is for planning the distribution and administration of eDBO, HOMElnvesbnent Partnership. and other federal funds received on behalf of the Consortium from MUD. and for execution of activities in accordance with and under authority of tbe Act: NOW. mERBFORE. IN CONSIDERATION OF TIlE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF TIm MUTUAL PROMISES CONTAINED HEREIN. IT IS AGREED THAT: L GENERAl, AGREEMENT The County and City agree to cooperate to undertake. or assist in undertaking, activities which further the development of viable urban communities, including the provision of decent housing and a suitabJe Jiving environment and expanding economic opportunities, principally for persons of low-and-moderate income, through community renewal and lower income housing assistance activitieil. funded from amrual CDBG funds from federal Fiscal Years 2006; 2007. and 2008 appropriations. from recaptured funds and from any program income generated from the expenditure of such funds. II. DEFlNmON~ A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as described in Section V of this Agreement. B. "Entitlement amount" means the amoWlt of funds that a metropolitan city is entitled to receive under the Entitlement Grant Program as determined by formula set forth in Section 106 of the Act. C. "Program income" means gross income received by the City directly generl;lted from the use of City CDBG funds which includes income from the Housing Repair Program projects within the City and a pro rata share of net income generated from float loan activity. Pro rata calculations will use the amount in n (B). D. "Recaptured funds" means a fund balance that remains at the close of a project activity, cancellation of an awarded project or a repayment of funds that is required due to determination of ineligible activity by HUD,change of use from original grant award Or sale of property. I I CDBG Joint Intcrlocal Agreement 2 of 12 2006-2008 ~ ~-2S .<.,.:. ,::~' :-." - ~. .;'~~ .'.-;..<. ~d,...':;'"~'.':;";"';.;."~'./t~~X ~ ~. G. "Joint Agreement Cities" means CDBO entitlement cities that choose to participate in the King County CDBG Consortium for administration of CDBG funds as a party to this agreement. m. GENERAL DISTRIBUTION OF FUNDS A. The County will retain an amount equal to 10% of the City's Entitlement plus program income each year for administration and fund management. The remaining 10% of the City's entitlement plus program income available for planning and administration will be allocated by the City and may be used to plan and administer the City's COBO projects in accordance with this agreement. -n. The County will retain an amount equal to 2% of the City's Entitlement plus program income each year for eligible project management related costs for the implementation of projects funded by the City. C. Five percent of the funds available from the City's Entitlement plus program income shall be retained for the Housing Stability Program, a public service activity in support of homeless prevention and in support of the affordable housing requirements under the implementation of the State Growth Management Act (RCW Chapter 36.70A). The remaining 10% from the City's entitlement plus program income available for public services will be allocated by the City in accordance with this agreement. D. Twenty~five percent of the funds available from the City's Entitlement plus program income shall be retained for the Consortium-wide HousingRepair program. The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or in the need for housing repair that justifies an increase or decrease. The remaining capital funds will be allocated by the City in accordance with this agreement. E. The balance of the City's Entitlement plus program income, along with any recaptured funds from city.;.fimded projects, may be allocated to projects selected by the City, provided they are consistent with the provisions of Section IV below. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals and objectives of the King County Consortium Consolidated Plan. CDBGJoint Interlocal Agreement 3 of 12 2006-2008 ~ ~ ,. ~(p .. B. Fundssball be used in accordance with the CDBG regulations at 24 CFR 570 and all other applicable federal regulations. C. The City agrees toa maximum of two new stand-alone capital projects per year with a maximum of one project that may trigger Davis Bacon annually. Capital funds not used for these projects may be allocated to sub-regional projects by the City unless returned by City to the sub-regional fund. D. Public Service funds: I. There will be a one-year extension through 2006 to those public service projects awarded funds in 2005. Should the City canc:el and/or amend one of those projects, they may reallocate the funds to another project funded in 2005. 2. The City agrees to a maximum of four stand-alone public service projects per year commencing in program year 2007. Funds contributed to a suh-regionaJ public service project would not count as part of the four stand-alone projects in this agreement. E. No project fimding minimum is established in this agreement. Project minimums that may be established by the JRC for the Consortium sub-regional fimding shall not be binding on the Joint Agreement cities. V. JOINT RECOMMENDATIONS COMMI'ITEE An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established througb the 2006 - 2008 Consortiwn InterlocaJ Cooperation Agreement and is hereby adopted as part of this agreement. A. Composition-- The JRC is composed of three county representatives and eight cities representatives. l. The three COWlty representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shan be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those non-entitlement consortiwn cities signing the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program. 3. The remaining four cities representatives shall be from cities that qualifY to receive CDBG or entitlement funds directly from HUD that are signing either Joint agreements or HOME-only agreements. These latter four representatives shall have no jVote on matters specific to the jurisdictions of the King County ConsortiUm-lnterlocaJ Cooperation Agreement for the Community Development Block Grant Program. 4. Two of the eight cities representatives shall be rotated among the CDBG Joint Agreement cities of Federal Way, Shoreline and Renton. The two CDBO Joint Inta-Iocal Agreement 4 of 12 2006-2008 ~ 'f--21 .... representatives will vote on issues affecting Joint Agreement Cities that are specific to this agreement 5. For all the rotating positions, each city will serve two years on and one year off. Each City will select its representative and notify the County. 6. The chairperson and vice-chairperson of the mc shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. B. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocill Cooperation Agreement shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub-region and two from the south sub-region. The cities representatives shall be elected officials, chief administrative officers. or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the mc shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties-The JRC shall be empowered to: . ;~ 1. Review and recommend to the King County Executive aU policy matters concerning the ConSortium CDBG and HOME Program, including but not limited to the Consolidated Plan and related plans and policies. 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CnBG funds and HOME funds, including the Administrative Set-aside. 3. Monitor and ensure that illl geographic areas and participating jurisdictions benefit fairly from CDBG and HOME-funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. . D. Advisory Committees to JRe-In fulfilling its duty to review and reconunend projects and programs to be undertaken with the CnBG and HOME funds, the JRC shall consider the advice of inter-jurisdictional advisory committees. Sub-regional advisory committees, made up of oDe representative from each participating jurisdiction in a sub. region that wishes to participate, shall be convened to assist in the review and reconunendation of projects and programs to be undertaken in that sub-region. The me may also solicit recommendations from other inter-jurisdictional housing and community development committees. CDBO Joint Interlocel Agreement 5 of 12 2006-2008 ~~ l=-2-~ '" VI. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG funds has responsibility for and assumes all obligations in the execution of this COBG Program, including fmal responsibility for selecting and executing activities and submitting to HUD the Consolidated Plan. Annual Action Plan, and related plans. Nothing contained iD this Agreement shall be construed as an abdication of those responsibilities and obligations. County will bear responsibility for: 1. the HUD-related portions of program planning 2. preparing and submitting the Annual Action Plan and application to HUD 3. preparing and submitting amendments to the Annual Action Plan 4. setting up the projects in the HUD IDIS system 5. preparing and submitting all other HUD-required planning documents (Consolidated Plan and any amendments; tbe Analysis of Impediments to Fair Housing Choice and tbe Fair Housing Action Plan; the Homeless Continuum of Care Plan and the Homeless Management Information System; the Lead Paint Hazard Reduction Plan; etc.) . B. The Metropolitan King County Council shaU have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recommendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fimd allocation matters. including approval of the annual CDBG Administrative Set- aside and appropriation of all CDBG funds. D. The King County Executive. as administrator of this CDBG Program. shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King COUDty Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRe and provide liaison between HUn and the Urban COWlty Consortium. County Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies. and any other material deemed necessary by the JRC to help it fulfill its powers and duties. G. King County Executive staff shall have the authority and responsibility to communicate and consult with Joint Agreement City on CDBG policy and program matters in a timely manner. CDBG Joint Inter-local Agn:c:mcnt 6 of 12 2006-2008 ~ 'F-2-'1 .- -. . H. King COlUlty Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status of CDBG-funded projects and make them available to all participating jurisdictions and the JRC. I. King ColUlty Executive staff shall administer contracts and provide technical assistance, both in the development of viable CDBG proposals and in complying with CDBG contractual requirements. J. King County Executive staff shallbave environmental review responsibility for purposes of fuJf1lling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, infonnation. and assistance for King County's review and assessment of whether prep8Jlltion of an environmental impact statement is required. Additional environmental review costs may be charged directly to individual project activity and will be addressed in the proposed project application. ' K. King County Executive staff shall implement City funded capital projects, except City administered projects as noted below. VB. RESPONsmILITIES OF TIlE CITY -~A. City shall cooperate in the development of the Consolidated Housing and Community Development Plan and related plans. . B. City shall assign a staff person to be the primary contact forthe County on CDBGIHOME issues. The assigned CDBG/HOME contact person is responsible for communicating relevant information to others at the city. C. The City will bear all responsibility for local annual program planning, using fmancial projections that will be provided by the County. The City will ensure: I. that all selected projects (l) are an eligible activity, (2) meet a national objective, and (3) are consistent with the Consolidated Plan and all applicable JRC policies, 2. that the public participation requirements are met and documented and will provide certification of such to the County, 3. that all requested information by the COWlty will be submitted in a timely manner that allows the County enough time to meet HUD timelines, and 4. 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 wjIJ only be accepted November through June. Budget amendments received by the 5th d~y of the month will be effective on the I $\ day ofthe next month. CDBO Joint Interlocal Agreement 70fl2 ~ F-5D 2006-2008 D. The Joint Agreement city and/or their funded agency owning community facilities or other real property acquired or improved in whole or in part with CnBG funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. 1. Owing the period of the use restriction, the City sban notitY County prior to any modification or change in the use of real property acquired or improved in whole or in part with COBG funds. This includes any modification or change in use from that plalUled at the time of the acquisition or improvement. including disposition. 2. During the period of the use restriction, if the City property acquired or . improved with coBG funds is sold or transferred for a use which does not qualitY under the CDBG regulations, the City shall reimburse the County in an amount equal to the current fair market value (less any portion thereof attn"butable to expetiditures of non-cnBG funds). 3. The CitywiIJ ensure County receipt of all required security documents related to funded capital project activities (this includes non-profit agencies which have been awarded funds) prior to the execution of a contract between the awarded agency and the County in order to incorporate said documents into the . contractual agreement. E. City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. Prior to the first and last payment on capital projects exclusive of Housing Repair, acquisition and Community Based Development Organization projects, pre-approval must be received from County staff that federal labor requirements have been met. F. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities, locations, and allocations submitted by Joint Agreement City staff. G. City will be resj)Qnsible for subcontracting with third parties for services provided by a Community Based Development Organization fot employee development services; and for public service and city managed projects, except for labor standards and relocation where responsibility will be shared with the County (see below). If federal requirement~ 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. H. City shall fuJf1l1 to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described below. 1. City certifies that it bas adopted and is enforcing: I. a poticy that proJubits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and CDBG Joint InterJocal Agreement 8 of 12 ~ ~-V\ "., ~. - - - -.." - .,,-.~ ~'-"...^-.~ --""'-"'~'>.---";"';JI..,", .' .. 2006-2008 - 2. a policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non~violent civil rights demonstrations within jurisdiction. J. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients when they receive CDBG funds to implement an activity. The applicable requirements include, but are not limited to. a written agreement with the County.that complies with 24 eFR 570.503 and includes provisions pertaining to: statement of work; records and. repOrts; program income; unifonn administrative. items; other program requirements; conditions for religious organizations; suspension and termination; arid reversion of assets. K. City wtderstands that it may not apply for CDBG grant entitlement funds fromHUD for the period of participation in this Agreement. L. The City in its participation in the CDBO urban county consortium through this Interlocal Agreement understands that it is also part of the Urban County for the HOME prop and may participate in a HOME program only through the CDBG Urban County. M. When undertaking activities and/or projects with CDBG .funds distributed under this Agreement, the City shall retain full civil and criminal liability as though these funds were locally generated. _ . N. . The City retains responsibility in fulfilling the requirements of the State Environmental Policy Act under which County shall have review responsibility only. . VIII. SHt\RED RESPONSmILITY A. Federal Labor Standards: 1. County will determine appropriate wage rates for inclusion in the construction bids and contracts, and hold preconstruction conferences Yfith contractors, which city staff will also be require(l"to attend. 2. County will be responsible for reviewing and approving weekly certified contractor payrolls (wage rates, benefits, proper apprentice-journey ratios, etc.) County will complete a review of initial payrolls submitted to County staff within 10 working business days of receipt from the contractor or City before payment will be made by the contracting agency. 3. County will enforce contractor compliance with federal labor standards if the City waits to pay first and last construction draws until after the County approves the certified payrolls. If City pays before the County approves, City will be responsible for any compliance problems. 4. County will be responsible for submitting information for tbe semi-armual contractor/subcontractor report and the Section 3 report to HUD. CDBG Joint /nterlocal Agreement 9 of 12 ~ ~-5L 2006-2008 ,'~ --~_.,'...'-~ .,.~-~. ~,'~ ..... .~ "'.~''''.''''.''','''.'-.''....:~ ....~:~ ~-"".;.<~- . A 5. County will provide technical assistance to identitY Davis-Bacon issues during the application process. 6. County will handle non-compliance issues provided the above requirements are met. B. Uniform Relocation Act/Bamey Frank: 1. City is responsible for identifying proposed projects that may trigger relocation and replacement housing requirements, and for budgeting sufficient funds in the project up front to address these issues. 2. County will provide advice and technical assistance if consulted ahead of time and will handle any necessary relocation processes. 3. City and/or fimded agency will be responsible for any unforeseen relocation costs. Any unresolved relocation cost will be charged against the City's grant amount after due diligence is completed in collecting payment of funds from the funded agency. C. FinanciallFund Management: County will be responSible for contracting with BUD for the grant funds; recording and tracking loan repayments and other program income; determining 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 BUD, etc. D. Reporting: I. City will report accomplishments to the County on each of their public service and stand alone projects. 2. County will prepare all reports to HUD: CAPER; semi-annual reports on contracting/subcontracting, Section 3, and labor standards; quarterly Federal Cash Transaction Reports. 3. County will report quarterly on capital project status and on housing repair activity. The Housing Stability Program report will continue to be submitted armually with updates provided on the geographic location of clients served. E. Monitoring: 1. City will annually monitor the agencies with which it subcontracts to ensure compliance with all federa_l, state and county requirements associated with CDBG funding with an on-site monitoring visit not less than every two years. CDBO Joint lnterlocal Agreement 100fl2 2006-2008 ~ t:"3~ " - ~ ,-'~." "',, ~. .".:""._"~: ~,.r ~':"~",.:'-~ n<.~:'""-',,,...:.;<...~,",,,..; ",-k~ .. 2. County will monitor the City (and may monitor selected subcontracting agencies). County will be monitored by HUD, the State Auditor, and by the HUD Inspector General. 3. County stafIwill meet with City staff quarterly to monitor, provide technical assistance, and disclJsscapital project status. F. City will provide the County all infonnation necessary from its application process for contracting and implementation purposes for all other stand-alone capital projects G. City staff may participate in other Consortium-wide planning activities envisioned in the Consolidated Plan such as the HOME Working Group and monitoring the Housing Stability Program, THOR fimding, and other sub~regional processes. vm. GENERAL TERMS A. This Agreement shall extend through the 2006, 2007, and 2008 program years, and shall remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. This Agreement shall be automatically renewed for participation in successive three-year qualification periods, unless the COWlty or the City provides written notice that it wishes to amend this agreement or elects not to participate in the new qualification period by the date set forth by HUD in subsequent Urban County Qualification Notices. Tbe CoWlty, as the official applicant, shall have the authority.and responsibility to ensure that any property acquired or assisted with CDBG fundsis disposed of or used in accordance with fedeml regulations. B. Pursuant to 24 CFR Part 570.307( d)(2), during the period of qualification no included unit of general local government may tenninate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall accept and agree to comply with the policies and implementation of the King County Consortium Consolidated Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 1 04(b) of Title 1 of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Tille ill of the Civil Rights Act), the Fair Housing Act as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. City agrees to affirmatively fiutber fair housing and will ensure that no CDBG funds shall be expended for activities that do not affinnatively fiuther fair housing within its jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. Parties to this Agreement agree to negotiate in good faith any issues that may arise that are not specifically addressed by this Agreement. CDBO Joint Interlocal Agreement 1) of12 2006-2008 ro-!fs ~ - 3t1 ".~;.:-'.'", ,",-",~ _.~." ..:_:...:"'.""..::.;.,.:,,;..;.,,i.,.:-"'....~"'-,..~..';O:....~:..'...;P~ -:> G. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shall take place when the parties to this Agreement have executed a written amendment to tbis Agreement. The City and the County also agree to adopt any amendments to the Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three:.year qualification period, and to submit such amendment to the BUD. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. KINO COUNTY, WASHINGTON for~~-'? .J Jackie Maclean Printed Name Director, Department of Community and Human Services Title {:)3/0f Date I orm: o COUNTY ORNEY COBG Joint InlerlocB\ Agreement 'MT:P; By: Signa e David H. Moseley Printed Name City Manager Title Da~:jtr()j- Approved as to Form: CITY OF FEDERAL WAY CITY ATrORNEY A TrEST: .- CITYOF FEDERAL WAY >Z[M~ti* 12 of 12 2006"2008 MCp f=: -3S ..-.' ~/_' ~:;.;:,;:.~~~~ i~ :- I ].13 b )> 0 ~ [~ I!- III 0 ~~ g :::T 3 St:. Ei I III 89 a- ..!! g. ~''i ~ OJ 8~' ... Fl OIl ..... OIl ~ 3:~ I:: i>. ~ 8 .. .. .. ~3~Po~8~8"Z"O~~o~~o ;8 'E ~. 11' Jt e g 8 ~ ~ 3~' ~ ~ g.9. ~ ~ r~io~~f~r~8~tof!81 , g~ ~ g !l..--8.a 0]; (I)~ g51 b:d~ ~~iqtlS&~~a~Poe~O~I~ ~&~~Y~s~a~~~.~O~3=~~ g n ~ eo g.... ~ ~. ~. f.g a p., 8 ~ ca. ~ _ o-~e. 0 ~o~ a-~ t:I 0 O.::s' 0 g l!l, ~ ei" p. g a 9 "d ~ n ~ ~ tl:l @ !l ia' :' q e. to. ... Z'l e :;:; 0 -<" g' 'g ~;: o ~~-~ ::so~g ~O"ft "" g' ~ e:g e: ~. ~ 00 ;:r-~ fI) ~, 'lPo ~ s ., ... 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"""O.-UJQ.R:::J "' ~s.og;:d::2OQ S IllO()OO~.::l 0 ::::.....tln-oo <11 ~-ttl...dr!:!B. ~ _~O"PoB'" e Pe.'O~.>g~ Ii ~ a =:s' a- a '" g: 51 OQ .. ., a (1) ~ ",OR! l:;> a> 8. ~. 8 .... -~ z ;;; I I I I ~ -L1, ~ '':,-,^,- .",-"_._."~.";.;:",,:,:,,,~;.~,<..~,o<:oo.~ Attachment C Table 2C Summary of Specific Housing/Community Development Objectives . (Table 2A/2B Continuation Sheet) . Performance Expected Actual # Specific Objectives Measure Units Units 2006-07 Rental HO.usln!! Obiectives HSI-OI . . OVer five years preserve and/or develop a 100 lD1its 160 units minimum of 100 rental units for extremely IQw- and verylow-iilcome households, including single individuals, families; and the elderly.. 2006 Garden Pllrk.Apts-MSC: 31 one-bedroomonits & 12 two-bedroom units at or below 30010 median income 25 one-bedroom imits & 10 two-bedroom units 31%-50% median income Not counted toward Objective as may be included in above units: 17 units for people with. disabilities 9 homeless/transitional imits(5 of which for homeless families do to domestic violence) 2006 SouthRidge House Fire & Life Safety Spriukler System Life safety improvements to 80 units of extremely low":income of senior and/or disabled housing owned by King County Housing Authority. 2007 FUSION Transitional Housing 1 unit upgraded from one-bedroom to two-bedroom. I new two-bedroom unit. . HS3-0 1 Over five years, assist 100 households to retain 100HH 49HH their housinl!:. 2006 Housing Stability Program 49 households served from Federal Way Owner HODSin!! Obiectives HS5-0l Over five years assist 75 homeowners (including 75 grants 27 owners of mobile homes) with emergency grants and loans and deferred payment loans for housing rehabilitatioQ. 27 projects in Federal Way completed in 2006 by the King County Housing Repair progi-am. HS5-02 Over five years provide affordable home purchase lOHH opportunities for 10 low- and mOderate-income . households in Federal Way. . Infrastructure Objectives . CFS1-03 Support community revitalization in lower- Three income areas through three sidewalk. lighting, improvement traffic, or park improvement proiects. project ft -;Ll ~,Jf6 I : . ...~ ~ ~ ~.~. ~ -'~ "''''~'''''''';'''~'''.''''''''-:''':4-.~~~::':___~''"_~":l..~_-O:'ot~;;''",,, Public Facilities Objectives CFSI-OI Provide capital improvements in five existiug Improvement I community facilities, particularly those that serve of five families and children. facilities 200~ Boys & Girls Club Roof Replacement. CFSI-02' SuppOrt development of two new community Two . facilities. facilities Public Services Objectives - HSSI-OI Maintain and increase the capacity of emergency services in order to help low-income people meet their basic life needs HSS2-O 1 Promote improved transportation access to service delivery sites, incl~dingthose outside of Federal Way where City residents have access to assistance from relrional service providers. HSS2~03 Support and increase services available in Federal Wav or within ciose proximity. HSS3-0 I Encourage programs that promote community involvement by low-income families. - HSS3-02 Continue the funding emphasis on human services programs-that address the needs of families with children. . HSS4-0 I Increase collaborative efforts among local government, school districts, and service Providers. mSS4-0 I ) HSS4-02 Participate in countywide and regional efforts to address human service needs. - HSS5-0 I Provide funding for a wide range of programs to promote commUilitv safety. HSS5-02 Create partnerships with the community, city deparbnents, providers, and others to help keep families and neighborhoods free from fear and " crime. Economic Development Objectives ESDI-OI Assist 50 unemployed or under-employed low- 50 3.9 income residents to obtain employment or move individuals individuals into a higher paying job - over the five-year strateJ!ic plannin!! period. 2006 Employee Development Services by a CBDO project through the MSC 39 clients job placemenrJimprovement. ESD2-0 I Attract two new businesses to the community that Two provide jobs/job training to low-income residents. businesses ESD3-0 i Attract two new mid-size or large businesses that Two offer livable wage jobs to lower-income residents businesses livlngin Federal Way. f&--Se r-- Jiq ,. {;fl {;fl {;fl {;fl {;fl {fl {fl {fl {;fl (fl ->. ->. I\) W ~ c.n (J) ...... co <0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~o 0 0 0 0 0 0 0 0 0 0 (fl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I\) 0 0 ->. I\) 0 0 I\) I\) 0 0 w I\) 0 0 ~ I\) 0 0 c.n I\) 0 0 (J) I\) 0 0 ...... I\) 0 0 00 III m z -I -I r m $: m z -I P s: 0 c Z -I ~ t= - 50 ,..: ,'~" ,:" k',. ~_"..,' /,.';_.'_~-"~.:'_'-~~,.,.:""_.,,;,,,~..j.'.:,-,:,,;;..::,;,).~X Attachment 0 -n CD 0.. CD ..., ~ ~ Q) '< 1\)0 o ::;. OCD ->.0 I ..... I\)m O::s at:!; oo~ CD 3 CD ::s ..... I Ci)" ..... o -< CITYW ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: April 18, 2008 r Human Services Commission ~_ Kelli O'Donnell, COBG Coordinato . CDBG Staffing Analysis - Direct titlement 2009-2011 COSG Staffing Scenarios: Federal Way estimated the 2005 entitlement for Community Development Block Grant (COBG) at $867,000 and expected to have $173,400 available from COBGfunds to staff the program. Two potential staffing scenarios were developed based upon these estimates as noted in Attachment A. Actual funding in 2005 was lower than expected and Federal Way COBO funds have been reduced to a COBG entitlement to $714,719 in 2008 with $142,944 available for planning and administration if there is no program income received. The estimates show a reduction of approximately $30,000 over the past 3 years to administer the COBG program not including the reduction from 2004 to 2005. The two staffing scenarios developed in 2005 included Scenario 1: a full-time grant coordinator and human services planner, a half-time administrative assistant and 15% of the human services manager position being charged to COBGand a small amount of funding for expenses for the program. Scenario 2: a full-time grant coordinator, a half-time administrative assistant, a half-time project manager and 15% of the human services manager position being charged to COBG and a small amount of funding for expenses for the program. Additional funds were set aside to pay an outside consultant to complete required National Environmental Policy Act (NEPA) reviews. The cost of overhead (office space, computers, phones, copying, etc.) were not included in the scenarios and were expected to be absorbed in the City's general fund. The staff projections were based upon the staffing needed to implement the City's COBG program as it was in 2005 with anywhere from 2-6 capital projects being funded and 4-8 public service projects as well as allocating funds to the housing repair and housing stability projects. The amount of funding available in 2008 would not cover the cost of either of the above scenarios (see 2008 Analysis - Attachment A). Funding would allow for the addition of a half-time administrative assistant and allow a minimum amount of funding for an associate planner or consultant to complete the environmental review requirements of any non-exempt capital projects and a small amount of additional budget costs. With this minimum amount of staffing, the projects through 2011 show a shortfall of approximately $16,000 to $20,000 assuming there is no further reduction to COBG. Differences in Entitlement City COBG Programs: The cities of Auburn, Bellevue and Kent are direct COBG entitlement cities in King County that provided staffing information during the 2005 analysis (Attachment B). Updated staffing information has been received from the City of Kent as outlined in Attachment B. Entitlement cities have all seen similar entitlement reductions to Federal Way based upon the HUD budget adopted by Congress and the addition of entitlement communities sharing the funding_ I I , Kent has noted that with the cuts to plan51ing and administration they are only able to fund staffing with COBG. There is no budget for supplies, advertising, publications, etc. And the general fund will need to absorb $8,214 of personnel costs in 2008 providing the Council approves the budget adjustment. The majority of Kent's capital funding goes to their internal minor home repair program. Currently two micro enterprise development projects are funded with COBG and there will be a small capital project funded Page 1 of2 f2- 5 , , 1- this year. Public service projects are funded every two years. Conversations with Auburn and Bellevue have indicated similar approaches to containing the staff costs of CDBG by limiting the capital projects funded that trigger federal regulations that increase staffing costs beyond the set cap chargeable to the program. City's Current Staffing Level and Program: The City has also had to increase the subsidy to the COSG program under the current contract with King County. The CDBG budget used to cover the cost of the full-time program coordinator and some of the operating costs of supplies, publication, etc. with the City picking up the cost of office space, computer/phone, copies, mailing, etc. With the cuts to CDBG and the decline in program income, 2008 is the first year that the salary of the CDBG coordinator will not be entirely covered ($595 shortfall) and no operating costs will be covered by the program. The impacts of the reduction to COBG have been softened for Federal Way by program income received from the Housing Repair Program loan repayments and additional ceiling being available from the CDBG Consortium increasing planning and administration from $71,470 to $85,977. Under the Joint Agreement to participate in the King County COSG Consortium, Federal Way has been limited to two-stand alone capital projects and four public service projects as outlined in the CDBG Entitlement memo in exchange for 12% of our CDBG entitlement. Being part of the larger consortium has allowed Federal Way to fund a variety of projects and programs that would not have been feasible without hiring additional staff for the program. King County provides the project management for capital projects, environmental review, relocation, and oversees Davis-Bacon and other federal labor standards of the CDBG program on Federal Way projects. Federal Way retains the ability to allocate funding to projects and is responsible for administering parts of the program. In order to meet the requirements of the current program, 75% of the coordinator's position is needed with the remairiing time used for regional planning, meeting with local agencies, and coordination with internal departments. With the implementation of the 10 Year Plan to End Homelessness in King County and corresponding State funding and the adoption of the Veteran and Human Services levy, the staff time required to monitor and have input into these systems has grown without any additional staffing. Existing staffing in human services has also limited any City response to the current housing crises other than cursory monitoring of its impacts on our residents. Direct Entitlement Decision and Staff Recommendation: The amount of funding available to support staffing from the COBG program would be enough to add some administrative support staff and a small amount to meet NEPA requirements. The proposed staffing scenarios would provide only for a very limited CDBG program and require decisions to be made on how to fund projects that do not trigger the staff intensive regulations such as Davis-Bacon and/or relocation. Although we are limited through our King County contract, the staffing at King County is at a higher level and includes staff with training in these and other regulations. Returning to direct entitlement would require the full attention of the CDSG Coordinator position on preparing the required reports to HUD and implementing the systems necessary to administer the program within the regulations. COBG staff would no longer be able to participate in the regional and sub-regional plans to address homelessness. Additional staffing in human services would be required to maintain our current levels of participation. The recommendations from the 2006-2009 entitlement decision were based upon the expectation of cuts to the program and impact on staffing levels. It is expected that small cuts to the program will continue in the foreseeable future. Staff recommends continuing in the King County Consortium as long as no major changes are made to the interlocal agreement. 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'" .~ Ii; cr ~ ~ ..Q $ tn ;{ :;; ~ .~ ~ :I B <( li o Ol!!ClOl ~ ~l!~~ :5c:~gi~ ~~~~:Sll :3 M~ ~ ~ .e ~.eI<:J<(Q. 4AtAtR>~~tR- '" :c ~ o o o or> '" @ i .. o " 0" ii :s 1i .. o !!? :i'l '" c [ Ilj OJ c o;li S a. aJ Q. a. lr 0 ~ ct Ri Q)~ fhg-o .f -~ (I).c ~ E'elt,.-~ C1}QI:c.....e!CI) g~~~~ ~..~~~ ~j~8~ '" c o 0'" ~ ~ v o o N C o '" OJ '" c: CI 0- Ilj S o f-- ~ '" .. ~ COUNCIL MEETING DATE: May 20, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ratification of 1 sl Amendment to VCC's Governing Interlocal Agreement POLICY QUESTION: Should the City of Federal Way allow ratification of the 1st Amendment to the Valley Communication '5 Governing lnter/ocal Agreement extending the member city rate to Valley Regional Fire Authority? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: May 13,2008 CATEGORY: I2J Consent o City Council Business STAFF REPORT By: o Ordinance o Resolution o o Public Hearing Other J. DEPT: Police Department Attachments: 1. First Amendment to Valley Communication Center !LA 2. PRHS&PS Memo Options Considered: 1. Accept the VCC Administration Board recommendation to amend the lnterlocal Agreement 2. Reject the recommendation to amend the lnterlocal Agreement STAFF RECOMMENDATION: StaffrecomI?ends Option L CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ./t) Iv,J,.., \ "ir/)--<<'/J 6i..,/-, IIAV)..;) Conunittee Council I COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COlINCIL MOTION: "1 move approval of the ratification to the 1st Amendment to Valley Communications Center Governing lnter/ocal Agreement. " (BELOW TO BE COMPLETED BY CiTY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECONLl READING (ordinances onl}) REV ISEO - 02'06/2006 COUNCIL B1U~ # ,ST reading Enactment reading ORDINANCE # RESOLUTION # 6-\ , ......., .~.~.~; _._.'~.._._:.- _._'~.._.._' ":~:__':;'._:,:.:i<:~j':""'~~~ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: May 13, 2008 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager Brian J. Wilson, Chief of Police SUBJECT: Ratification of I sl Amendment to Valley Communications Center Governing Interlocal Agreement Backeround Changes to Valley Com's governing agreement requires ratification by the legislative bodies of V alley Com's five member cities. When the City of Federal Way became a Valley Com member city in 2000, joining the original four member cities of Auburn, Kent, Renton and Tukwila, Valley Com's governing interlocal agreement was rewritten to reflect the change. Then, as now, Federal Way's fire protection services were provided by King County Fire Protection District No. 39 (KCFPD#39), doing business at the time as the Federal Way Fire Department and doing business now as South King Fire and Rescue. Valley Com customer agencies pay for emergency call receiving and dispatch services based on each agency's total dispatched calls for service, but member cities pay a lower rate than contract agencies. When the Valley Com governing interlocal agreement was rewritten in 2000, the member cities agreed to extend the member city rate to KCFPD#39 because the Fire District provided service to Federal Way. Since January 1, 2007, the Valley Regional Fire Authority (VRF A) has provided fire protection services for the City of Auburn. In order to extend the member city rate to VRF A as is done now for KCFPD#39, the VCC Administration Board directed staff to submit the attached 1 SI Amendment to VCC's Governing Interlocal Agreement to VCC's member cities to for ratification, because VRF A serves Auburn in the same manner KCFPD#39 serves Federal Way. While preparing the amendment to the VCC governing agreement, staff reviewed the Service Level Agreement (SLA) between Valley Com and the Federal Way Fire Department. The amendment changes references to the Federal Way Fire Department to King County Fire Protection District No. 39, the agency's legal name. Action: Consider ratification of the 1 sl Amendment to VCC's Governing Interlocal Agreement. b--L FIRST AMENDMENT TO VALLEY COMMUNICATIONS CENTER INTERLOCALAGREEMENT RECITALS A. The undersigned municipal corporations, Auburn, Federal Way, Kent, Renton and Tukwila, the "Member Cities" which compose the Valley Communications Center ("VCC") entered into an Interlocal Agreement ("VCC Interlocal Agreement") on or about April 17, 2000, that sets forth certain provisions, rights and obligations among the Member Cities. B. The Valley Regional Fire Authority ("VRFA") is a new Regional Fire Protection Service Authority formed to provide fire and emergency medical services within its jurisdictional boundaries which boundaries include the City of Auburn. C. The VCC Interlocal Agreement permitted the City of Federal Way to enter into a further interlocal agreement with King County Fire Protection District No. 39 for purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in VCc. D. The City of Auburn now seeks to enter into an interlocal agreement with VRFA and VCC for the same purpose and in the same manner. E. The City of Federal Way seeks to have VCC recognize King County Fire Protection District No. 39 as the Federal Way Fire Department's successor in interest for all purposes under this Agreement. NOW, THEREFORE, in consideration of the mutual rights and obligations established in the Amendment, the Member Cities hereby agree as follows: AGREEMENT 1. The following provisions are hereby added to the VCC Interlocal Agreement: Per Auburn City Council Resolution 4091 and subsequent approval by public vote, fire protection and emergency medical services previously provided by the City of Auburn became the responsibility of VRFA, a Regional Fire Protection Service Authority, which subsequently began providing fire protection an.d emergency medical services to the City of Auburn effective January 1, 2007. VCC acknoyvledges VFRA will function as do the other Member City Fi"re Departments, for purposes of its representation on the Operating Board and for purposes of calculating and remitting payment for dispatch services. First Amendment to Interlocal Agreement Page 1 of 5 (February 27, 2008) G-~ It is acknowledged that King County Fire Protection District No. 39 is the successor in interest to all rights and obligations of the Federal Way Fire Department and will be recognized as such for all purposes under this Agreement. 2. The other terms of the VCC Interlocal Agreement shall remain the same and shall be in full force and effect. 3. This Amendment may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 4. This Amendment shall be effective upon the last date of execution. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON CITY OF TUKWIlA, WASHINGTON By: Print Name: Its: Date: By: Print Name: Its: Date: CITY OF AUBURN, WASHINGTON CITY OF RENTON, WASHINGTON By: Print Name: Its: Date: By: Print Name: Its: Date: CITY OF FEDERAL WAY, WASHINGTON By: Print Name: Its: Date: (Notary Acknowledgments Appear on Next Page) p: \ ('v II IFi les lOp enFi les \0 2 4 7\F irstAm e ndme nt I nterloca lAg reemen t. d oc First Amendment to Interlocal Agreement Page 2 of 5 G-Y (February 27, 2008) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) COUNTY OF KING ) ss. I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF TUWKILA as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires First Amendment to Interlocal Agreement Page 3 of 5 6 - S (February 27, 2008) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF AUBURN as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and forthe State of Washington residing at My appointment expires STATE OF WASHINGTON ) COUNTY OF KING ) ss. I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF RENTON as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires First Amendment to lnterlocal Agreement Page 4 of 5 G,-lo (February 27, 2008) - - . .,- --. ~J_.....~_"'.".... ~_€._~.-,.~,-.,","'~''-:'~'':'':~:.>'::'''::--:'.a-'''..''''';'_''A;.:;'' STATE OF WASHINGTON ) COUNTY OF KING ) ss. I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF FEDERAL WAY as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires First Amendment to Interlocal Agreement Page 5 of 5 r- '\ \...:l - , (February 27, 2008) ,- . _~ ~ __~ ,. r_~_,".~;.,.' '.~A.::.~~~..i~_~':''''~.''~':''~~er::.. OF F'EDERAL WAY LAW DEPARTMENT CT PREPARATION/DocUMENT REVIEW/SIBNATURE ROUTING SLIP NATING DEPTJD FEDERAL WAY 2. OR'~~ PERsa e,f I\ftA ~~ s~ EXT: 41:;1-( 3. DATE REQ. Bv: -z.. /l-C /;;--0 4. TYPE OF" DOCUMENT RE~UEBTED (CHECK ONE): o PflOF"E..'ONAt. SEIIfY.CE. AGflEEMENT o MA.NTlENANCUU.OR AGREEMENT o Pu.UC WORK. CONTRACT o SMALL PU....C WORK. CONT_CT .a..c.e. TH...... ea...OODt o PuRCHA.E AGREEMENT tM.TCIIt.~ au-.ua.. KClUtf"MCNT' o RItAL EIITATE PuRCHASE &. SALES AIJREEMENT o 81[CURITY DOCUMENT ......... A_&CMCNT A ~""'MAt'" .ONDJ A.........."" or ""ND. 'N Lftu D.- .ONOI o CONT1lACTOR 8Itt.11:CT.ON DOCUMENT 11lL.... ..... ".,.~. .FQI o CONT_CT AMI[NOMENT AO#, o EASI[MI[NT YOTHER IV\ +ev louJ/ ADOREee: -eovk ~ \f 0.11 e'1 Co t"'- '~ ~ r r_L-h~\ oJ! A-vllll",^, Tc:.\"1 Rrvic.k.ell' , 6.-h1 t~~""'.r, T U {(. VVi I"'" I R e-Vl 1m. (\ ! t' evJ- PHONE: FvJ 5. PROJECT NAME: 6. NAME OF" CONTRACTOR: TYPE OF" PERSON DR ENTITY (CHECK ONEI: o INDIVIDUAL o PARTNE....H.~ o ",OLE PflO~fllo:TOfl..HI~ )2Y"'CCAPCAATION STATE: TAX ID#/B8#: SIGNATURE NAME: TITLE: 7. SCOPE OF" WORK: ATTACH EXHIBIT A' A COMPLETE ANO DETAILED DEBCRIPTION OF" THE SERVICEB DR SCOPE OF" WORK. INCLUDING COMPLETION DATES F"OR EACH PHABE OF" WORK AND LOCATION OF" WORK. B. TERM: CDMMENCI!:MENT DATE: COMPLETION DATI!:: 9. TOTAL COMPENSATION: $ It... DAl..CULATCO ON HOUft~Y LA8g" aHAIteC 4 ATTACH .C::H.OULae Dr CNr-t...aY'CC. TIT..... ANO HDu","-Y ...T..t hNCLUDEB EXPENSES AND BALES TAX. II'" ANVI REIMBURBABLE EXPENSES: DVES oNo II'" YES. MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED7 DYES ONo II'" VI!:S. $ PAID BY: o CONTRACTOR o CITV 10. SELECTION PROCESS USED (CHECK ONE): o REQUE..T F"DfI a,D" o REQUE"T F"OR P"OPO"AL" o REQUE"T "DR QUOTES o REQUEST "DR QUAL''''CAT,oN'' o AACHIT~CT & ENGINEER LaST o eMALL WOflK.. ROS~.. 1 1. CONTRACT REVIEW ~RECTOA ~w IALL. CONTflACT..' ~RtIlK MANAGEMl[:NT ? "" tALL ODNTlltACTe ~Ilr.~ "MeNDMeNTe.. COHTIlAOToa aC,",COTIOH DOCUMCNTt ~URCHA"'NO INITIAL/DATE ApPROVED 010- fov 'Di--IIVI. PML :;/:<5IOb ~ t' J /VV 1'Vl(~ ~LAW DE~AATMENT ~ CITY ....ANAG~A ~ CITY CLERK o SIONED COPY BACK TO ORlolNATINO DEPT. o AS"'ON"'O AG # ~ C)~~ ~ fJin. J/j:f0 t/1.1 ~ ,jO~V"'-t t.J 12. CONTRACT SIGNATURE ROUTING INITIAL/DATE ApPROVED o PURCHAStNG: PL~A81!: CHARG~ TO: COMMENTS 1LeVl ,~1 Ll ~"V\l- Plu.;, ~I<;P ~ "hI/p...."" Clh, Ii-bwM, ~ t L."i' -~ ~ I'v.."j"'.r ~:IO~ii"") ~~ - l.A"'" O€~T_ OOLOI:N"OD - O...O......T'...O .,......,. G-~ ~ I ( of. \J ~ I {~ eo.,.,.. J ~w.-M Jt-. [ L -h., ~ . z. /U' /k,~s r WHtTl( . O...O.....Al. eTAY. WIT.. CO....T_ACT CANA"Y' CI...l["l( 'TO .,..,... L04,Z IAcv 6'95' ~~ ~ {)~()~~ VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT TIllS AGREEMENT is entered into among the undersigned municipalities, the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, all of which ~e municipal corporations under the laws and statutes of the State of Washington (the "Member Cities"). RECITALS WHEREAS, the undersigned municipal corporations have established and maintain a consolidated emergency services communication center, known as the "V ALLEY COMMUNICATIONS CENTER" ("ValleyCom"); and WHEREAS, this agreement is formed to be consistent with the provisions and terms of the "Interlocal Cooperation Act" pursuant to RCW 39.34, et seq.; and WHEREAS, ValleyCom provides improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the participating local governments, together with such other governmental units that have contracted with ValleyCom for communications services; and WHEREAS, one ofValIeyCom's objectives is to provide consolidated telephone, radio and alarm communications and dispatching services for participating local government units; and WHEREAS, the continued maintenance, operation, and improvement ofValleyCom will be of substantial benefit to the citizens of the undersigned cities and the public in general; VALLEY COMMUNICATIONS CENTER AGREEMENT - I CI TEMPI VallcyComAw=nmt. ,maI.doc G-~ ORIGINAL NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: 1. Valley Communications Center - Membership, Authority; and Powers. On August 20, 1976, the cities of Auburn, Kent, Renton, and Tukwila founded a governmental administration agency pursuant to RCW 39.34.030(3)(b), which was known as the "V ALLEY COMMUNICATIONS CENTER ("ValleyCom")." ValleyCom has the responsibility and authority for emergency service communications and all related incidental functions for communicating and dispatching services between the public and the participating cities' public safety departments in the furtherance of improved public safety and emergency response. Since its formation, ValleyCom also has served, and continues to serve, other municipal corporations ("Subscribing Agencies") that exist within the logical, physical service area and that need emergency service communications. Accordingly, all existing Subscribing Agency agreements are hereby ratified and confirmed. Any agreement with additional municipal entities shall be in writing and approved by VaIleyCom as provided for in this agreement. In furtherance of protecting public safety and emergency response in the South King County region, the City of Federal Way, currently a Subscribing Agency, has requested to become a fully participating Member City. On August 4, 1999, ValleyCom's Administration Board agreed to include Federal Way as a full, participating Member City, commencing January 1,2000. Accordingly, ValleyCom's participating Member Cities are V ALLEY COMMUNICA TJONS CENTER AGREEMENT - 2 C,\TEMP\V~omAgrecment.Finaldoc G-ID ., _~_,_, _~_'..w._'_.."~ ~..' .~.,.~~...:~,.,>~ .~w,""~."~'_-.-~ '.',,~.> ~-,~'.-. ~'_-..;...;.-.. hereby revised to include Federal Way, and, as used hereafter in this agreement, any reference to the "Member Cities" will include the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. In addition, the City of Federal Way may enter into an interlocal agreement with the Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon execution of the interlocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn, Kent, Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and. for the pmposes of calculating and remitting payment for dispatch services. Subject to addition, amendment or removal by the Administrative Board, ValleyCom's powers shall include, but not be limited to, the following: a. Recommend action to the legislative bodies of the participating members; b. Review and approve budget expenditures; c. Establish policies for expenditures of budget items for the Center; d. Review and adopt a persOlUlel policy for the ValleyCom Center; e. Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation ofthe ValleyCom Center; f. Conduct regular meetings as may be designated by the Administration Board; g. Determine what services shall be offered and under what terms they shall be offered; h. Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this agreement; 1. Establish rates for services provided to other members, subscribers or participating agencies; J. Direct and supervise the activities of the operations board and the Center Director; VALLEY COMMUNICATIONS CENTER AGREEMENT - 3 C.'TEMPI V alkyCorni\grecmFu..J doc Cl~l\ k. Incur debt in the name of the Center to make purchases or contract for services necessary to fully implement the purposes of this agreement; L Enter into agreements with, and receive and distribute funds, from any federal, state or local agencies; m. Receive all funds allocated to the Center from its members; n. To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the Valley Communications Center; o. To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all of its property and assets; p. To sue and be sued, complain and defend, in all courts of competent jurisdiction in the Center's name; q. To make and alter bylaws for the admiriistration and regulation of its affairs; r. Enter into contracts with future participating members and subscribers to provide communications services; s. To hold radio frequency licenses to enable the Center to operate radio communications and dispatch systems to meet its public safety responsibilities; and 1. Any and all other acts necessary to further V alleyCom' s goals and purposes. 2. Duration of Agreement. The term of this agreement shall be for five (5) years from its effective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this agreement. This agreement shall not terminate until all bonds issued by the Valley Communications Center Development Authority have been paid and retired. 3. Withdrawal and Termination. 3.1 Any Member City may withdraw its membership and terminate its participation in this agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in anyone year. After providing appropriate notice as provided in this section, that Member City's membership withdrawal shall become VALLEY COMMUNICATIONS CENTER AGREEMENT - 4eC\TEMP\Val~final.doc G~I2-- ~-:.:--'>,' ~ "-'~' : ".' ~',~-,-,;:: <~ ~. ~ ~~ ~< .~ <.. ~,,;..;::....:~~ effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a complete termination ofValleyCom and this agreement. Upon an affinnative supennajority vote (majority plus one) by the Member Cities, ValleyCom shall be directed to wind up business, and a date will be set for final termination, which shall be at least one (1) year from the date of the vote to terminate this agreement. Upon the final termination date, this agreement shall be fully terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership funding for ValleyCom, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this agreement and to have forfeited all its rights under this agreement as provided in Section 3.5. The remaining Member Cities may, at their option, withdraw ValleyCom's emergency communications support with that City or, alternatively, enter into a Subscribing Agency Agreement with that City under tenus and conditions as the remaining Member Cities deem appropriate. 3.4 Time is of the essence in giving any termination notice. 3.5 If an individual Member City withdraws its membership III ValleyCorn, the withdrawing city will forfeit any and all rights it may have to V alleyCom' s real or personal property, or any other ownership in ValleyCom, unless otherwise provided by the Administration Board. VALLEY COMMUNICA nONS CENTER AGREEMENT - 5 C.\TEMP\YalkyComA~.F"".doc 61,-1 7 ,. ....;~~._--'<,..J~""'.'^'.....;.,.~--":.'::.<~<...;,.;:v~~-"~.:~:.<(,.x.&..,1"':~ 3.6 Upon termination of this agreement, all property acquired during the life of the agreement shall be disposed of in the following manner: a. All real and personal property purchased pursuant to this agreement shall be distnbuted based on equal shares apportioned to those Member Cities still existing on the day prior to the termination date; and b. All unexpended funds or reserve funds shall be distributed based on the percentage of total annual charges assessed by the Administration Board during the period of this agreement and paid by each Member City. 3.7 Notwithstanding any of the other rights, duties or obligations of any Member City under this Section 3, the withdrawal of any member City shall not discharge or relieve any Member City of its obligations to the Valley Communications Center Public Development Authority. 4. Administration Board. 4.1 The affairs of ValleyCom shall be governed by an Administration Board composed of one member from each participating Member City, and that member shall be the Mayor or his or her designee. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Administration Board. 4.2 A Presiding Officer shall be elected by the Board's members, together with such other officers as the majority of the Board may determine. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any meeting. Unless otherwise designated by the Presiding VALLEY COMMUNICA nONS CENTER AGREEMENT - 6 C\TEMPI VallcyCornAIfa:mmt.FinaI.doc b-1Y - .-.' .. .- - .,' . c. ~ ~_"'-' ~_ _ '" ..".... ..... ~ ~'."-~. A ~_ _ ...,.._ _~.' Officer, the fIrst meeting shall be held on the second Tuesday in February of each year to review the prior year's service and the second meeting shall be on the second Tuesday in September of each year to review and present a budget. Other meetings may be held upon request of the Presiding Officer or any two (2) members. 4.3 The Administration Board shall be authorized to establish bylaws that govern procedures of that Board and ValleyCom's general operations. 5. Operating Board. 5.1 There is further established an Operating Board which shall consist of two (2) members of each participating Member City's Public Safety Department(s), including the head of those Department(s) and/or their designee(s). Additionally, the Subscribing Agencies shall, by majority vote, elect one (I) at -large member to represent the Subscribing Agencies' police departments and one (I) at-large member to represent the Subscribing Agencies' fire department on the Operating Board. At the time set for election of the at-large members, only the Subscribing Agency representatives then in attendance will participate in the election. the Member Cities' Operating Board representatives shall not participate in the at-large member elections. The at-large members shall serve one-year terms, unless amended by majority vote of the Operating Board. The purpose and duties of the Operating Board shall be established by the Administrative Board. Each Operating Board member shall have an equal vote in all Board decisions. The Operating Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. VALLEY COMMUNICA nONS CENTER AGREEMENT - 7 CcIITMP\ ValleyComAgrttmenI.Finaldoc G-lS 5.2 The Operating Board shall elect a Presiding Officer from its members and shall determine the time and place of its meetings; however, the Operating Board shall hold at least one (1) regular meeting each month at a time and place designated by the Presiding Officer or by a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than 24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operating Board may dispense written notice requirements for special meetings. but must.. in good faith, implement best efforts to provide fair and reasonable notice to all Operating Board members. 6. ValleyCom Director. ValleyCom's current director is hereby confirmed. Upon the occurrence of a temporary or permanent vacancy in the Director position, the Operating Board shaH recommend to the Administration Board a person to act as ValleyCom's Director. The Director shall be responsible to the Operating Board and shall advise it from time to time on a proposed budget and other appropriate matters in order to fully implement the purposes ofthis agreement. The Director shall administer ValleyCom in its day-to-dayoperations consistent with the policies adopted by the Administration Board and/or the Operations Board. The Director shall have experience in technical. financial, and administrative fields and his or her appointment shall be on the basis of merit only. . 7. Personnel Policy. 7.1 The Operating Board shall, as necessary from time to time, submit to the Administration Board a proposed ValleyCom personnel policy for the Administration VALLEY COMMUNlCA TIONS CENTER AGREEMENT - 8 C:\TEMPlVaDcyCO~finaJ.doc C ,,.1 ~ .,.. '__".."'~'f_~_',:_".,~~,."_,.~,,,,,:,,,_,:,.~,,,,,,,,,,:,~~,,,,-,,,;,:~~ Board's approval, rejection or modification. All modifications or revisions must have the final approval of the Administration Board. 7.2 At the time ValleyCom was first formed, the ValleyCom personnel policy previously provided for appointment to ValleyCom's stafffrom personnel that were permanently appointed or assigned as dispatchers in the participating Member Cities prior to formation. Accordingly, for a period of one (1) year from the time the Federal Way Fire Department begins its transition to ValleyCom for dispatch services, ValleyCom shall give preference in hiring to those persons that were permanently appointed as dispatchers in the Federal Way Fire Department, if those persons have the skills and abilities necessary to perform required job functions. Additional and subsequent employees, with the exception of Valley Com's Director, shall be appointed by the Director upon meeting the qualifications established by the Operating Board and adopted by the Administration Board. No employees shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement System, as provided by law. 8.0 Budget. 8.1 The Director shall present a proposed budget to the Operating Board on or before August 15 of each year, which budget shall then be presented to the Administration Board not later than September I of each year. However, should the Administration Board elect to budget on a biennial, rather than annual, basis, the August 15 and September I deadlines established in the previous sentence shall only apply every other year. Thereafter, the Member Cities shall be advised on the programs and objectives as contained in the proposed budget and of the required financial participation for the following V ALLEY COMMUNICA nONS CENTER AGREEMENT - 9 C \ TEMPWalkyComAgrttmmt. ruW doc Gr\, . ., .., ". ,'>~ ~_",." '"" ,""..4. _......,.,~.."'..,.::.. ,,-::._~~-:-::^.~.r:...~...' year. The allocation of prorated financial participation among local governments shall be the percentage of dispatched calls attributed to each jurisdiction compared to the total dispatched calls. The percentages shall be applied to the current approved budget less revenue from outside sources. Upon approval by each participating Member City of its budgetary allocation for ValleyCom's operation in the following year, and upon verification thereofto ValleyCom, the Administration Board shall, after a public hearing as provided by law, adopt its final budget for the following year. Member Cities shall be billed bimonthly and payments made on or about the first day of February, April, June, August, October, and December of each year. ValleyCom will bill Subscribing Agencies in accordance with approved agreements between VaUeyCom and those Subscribing Agencies. 8.2 In the event the City of Federal Way has not become a Member City by January 1,2000, all dues paid by Federal Way as a Subscribing Agency in the 2000 calendar year will be credited against the budgeted Member City obligation assigned to Federal Way for the 2000 calendar year, and Federal Way's status as a Member City will be ratified and relate back to January 1,2000. 9. Contracts and Support Services. The Administration Board (or the Operating Board or the Director, if so designated by the Administration Board) shall, as necessary, contract with appropriate local governments for the use of space for its operations, and for staff and auxiliary services including, but not limited to, records, payroll, accounting, purchasing and data processing. VALLEY COMMUNICA nONS CENTER AGREEMENT - 10 C, lTEMP"I valtc)<:omAgrccmcru. FinaJdoc 0-l~ , '"_"'_'__'''._..:~~.c""",,:~':'":'''";.',.^'';-~'.'......~...'....';;''''"..:;';~~~;;o.A 10. Policy and System Evaluation. The Director shall actively and continuously consider and evaluate all means and opportunities toward the enhancement of operational effectiveness of emergency services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the Operating Board from time to time. Any substantive change or deviation from established policy, however, shall have the prior approval of the Administration Board. 11. Additional Service Authorized. The Administration Board shall evaluate and determine the propriety of including additional communications and dispatching services for local governments, whenever so requested, and shall determine the means of providing those services, together with its costs and effects. These additional services may include, but shall not be limited to, the following: allowance for public and private buildings, additional communications and dispatching operations, and any related incidental functions. 12. Inventory and Property. 12.1 Equipment and furnishings for ValleyCom's operation shall be acquired by ValleyCom as provided by law. If any Member City furnishes equipment or furnishings for ValleyCom's use, title to the same shall rest with the respective local entity unless that equipment is acquired by ValleyCom. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to ValIeyCom. In case of dissolution of ValleyCom, any assigned or loaned items shall be VALLEY COMMUNICA nONS CENTER AGREEMENf - II C:\TEMPI VaIlcyComAgrttrn<nI.FinaI. doc C,-l~ "---'. ,~,,---'"" ~,._~",,~,-';";.>'- -;.,:~-,,:;i~~:'<.:';;;'::~...:< returned to the lending governmental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to Member Cities in equal shares. However, to the extent ValleyCom liquidates all or part of the existing communications facility (located at 23807 98th Avenue South, Kent, Washington, 98031) or its property and equipment, the funds derived from the sale thereof will be refunded and distributed to the four original Member Cities only, Auburn, Kent, Renton and Tukwila. 12.3 Ownership of Real Property. Title to real property purchased or othelWise acquired shall be held in the name of the Valley Communications Center; provided, however, that for valuable consideration received, ValleyCom may convey ownership of any real property as may be approved by a majority of the Administration Board. 13. Local Control and Interconnect. Each Member City and each Subscribing Agency shall retain the responsibility and authority for its operational departments and for such equipment and services as are required at its place of operation to interconnect to ValleyCom's operations: Interconnecting equipment and services may be provided for ValleyCom's budget and operational program. 14. Dispatch Facility, Financing, and Construction. 14.1 In order to address increased growth and to provide necessary services for Member Cities and for Subscribing Agencies, the Administration Board has determined to construct a new dispatch facility. The Member Cities shall contribute to the financing of the development of the new dispatch facility on a pro-rata basis, each Member City paying VALLEY COMMUNICATIONS CENTER AGREEMENT - 12 C\TEMP\ValkyCornAgr=nmtrmaJ doc CI~1D twenty percent (20%) of the total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new ValleyCom Dispatch Center, including all equipment, furnishings and fixtures, will constitute a critical link to the Member Cities and the Subscribing Agencies' ability to provide police, fire, and life safety protection services, particularly in times of a critical emergency or natural disaster. Consequently, this new center is essential to the preservation of the public health, safety and welfare. As a result, this center's equipment, furnishings and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the new ValleyCom Dispatch Center constitutes a "special facility" under RCW 39.04.280 (l)(b), and all purchases of any kind or nature for the new ValleyCom Dispatch Center shall be exempt from competitive bidding requirements. 14.3 The Administration Board shall authorize, and the Chair of the Administration Board, or his or her approved designee, will execute contracts for the development of the new ValleyCom Dispatch Center. These contracts may include, without limitation, contracts for architectural, design, communications, project management services, real estate acquisition, engineering, and construction. 14.4 The Member Cities will finance the property acquisition and construction of the new facility as agreed by the Administration Board and as provided by law. VALLEY COMMUNICA nONS CENTER AGREEMENT - 13 C\TEMPWalleyC<>mAgnxmem.FinaI doc c,-- '2- \ 15. Legal Assistance. The participating municipal entities agree to furnish legal assistance, from time to time, as approved by the Administration Board. The Administration Board may contract with the City Attorney of a participating city. 16. E911 Participation. ValleyCom may implement or contract for implementation of an E911 System for use within the area served, insofar as is practicaL 17. Intergovernmental Cooperation. ValleyCom shall cooperate with local, State and Federal governmental agencies according to guidelines of the Police Dispatching Study in order to maximize the utilization of grant funds for equipment and operations. 18. Compliance with Criminal History Records Information Laws. ValleyCom shall bear full responsibility for ensuring that the law enforcement data COminunications network and any Criminal History Records Information received by means of that network, shall be used solely for the purposes of the due administration of the criminal laws or for the purposes enumerated in Chapter 43.43 RCW, as now enacted or hereafter amended. ValleyCom shall establish rules and regulations governing access to, security for, and operation of the data communications network and any Criminal Justice Records Information received by means ofthat network. 19. Hold Harmless. Each Member City shall defend, indemnify and save all other Member Cities hannJess from any and all claims arising out of that City's negligent performance of this agreement. Any loss or liability resulting from the negligent acts, errors; or omissions of the Administration Board, Operation Board, Center Director and/or staff, VALLEY COMMUNlCA nONS CENTER AGREEMENT - 14 CITEMP\ v aJkyComAgrumen<. finaJdoc 6- 1- 7.- ... ~-'.~~_.' .,...-....,-',...,.""....., ...,_.O:>.~Cl-'_......"'''':'''....-~,...~ while acting within the scope of their authority under this agreement, shall be borne by the Valley Communications Center exclusively. The provisions of this Section 19 shall survive the termination or expiration of this agreement. 20. Repealer and Ratification. All prior interlocal agreements entered into among the four original Member Cities are repealed as of the effective date of this agreement. All existing Subscribing Agency agreements will remain in effect. All prior acts taken by ValleyCom or the Member Cities that are consistent with this agreement and any prior Member City interlocal agreements are hereby ratified and confirmed. 21. Filing of Agreement. Upon execution, this agreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. 22. Severability. If any part, paragraph, section or provision of this agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. 23. Execution and Effective Date. This agreement, and any amendments, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution, or ordinance. The agreement, or any amendment, shall be deemed adopted and effective upon the date of execution by the last authorized representative. VALLEY COMMUNICA TJONS CENTER AGREEMENT - 15 C\TEMP\ValkyComAgrecmcn. Finaldoc b--- 2~ 24. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON: CITY OF TUKWIlA, WASHINGTON: By: Print N Its: Date: Jim Mayor 1-" 1- fJ7) BY:~M~~ Print Name: Steven M. Mullet Its: Mayor Date: 4-11-00 CITY OF AUBURN, WASHINGTON: CITY OF RENTON, WASHINGTON: By: ~A.~:Jf Print Name: Charles Booth Its: Mayor Date:_ _ 4-/1-00 By: ~ -/~ Print N e: Jesse Tanner Its: Mayor Date: 4/6/2000 CITY OF FEDERAL WAY, WASHINGTON: e: David H. Mosele I C(; Manager 1''4) i) NOIII", Acknowledrements ADDetJr 0" FoIIbw;"r Pare VALLEY COMMUNlCA TIONS CENTER AGREEMENT - 16 C\TEMPIV~.FmI.doc [,-Pi STATE OF WASHINGTON ) : SS. COUNTY OF KING ) dc-~ _ On this7day of , 2000, before me a Notary Public in and for the State of Washmgton, personally appeared Jim White, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -No/ary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first~_!lUcm",;::_. ~+':(,~o@.4A. '.-, ;j~ ..' ,tie. "0:'11';'. -"0 ,.. .0.' ~.", o. J: . ~OT.4o 4'!,. -...-\ ~ ; ~ <<) 'II' .. ;~ :C. : '"...-... :;0 " ~ ~ 0 i6"8L\e" .: E : ";.. .A. _ ....o1t~ -0 .....o~..1a-. _ft._ ...() ~ ,.- .. 1..~~-=~ ,:, .:- . of:'. ....~ i'. ~~ "'" "'AS'" ".' #'''''hUht''''\\\'' /V t- ~;E. NOTARY PUBLIC, in and for of Washington, residing at My appointment expires STATE OF WASHINGTON ) : ss. COUNTY OF KING ) _ On this _ day of ApH I If . 2000, before me a !'lotary Public in and for the State of Washington, personally appeared ..s T'1.::VEICJ rn /J1u Ll E r, to me known to be the In IKf or<. - of the City of Tukwila, a Washington municipal cOJporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument, -NOtIITy Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year -............"', first above ~s C"'\ -,,"~"...""...-<1-"1 k? .~ f ~ ...~~\ON 1:-\:.0;...../'(",\ ~ t~:~ ~I\RY ~'o. ~ " ~ : ~ ~O (f) : ~ ~ ., ~ <6 ---\0 f " '::ftf7t}E bu/I/I S (l fiN IU ", .... pU6\! '" /1/ NOTARY PUBLIC, ;n and ~Ial< '\ ~>>~:.~o~:~~~..! of Washington, residing at ~ '\~7t OF\N~S__-- My appointment expires & ","'......-- VALLEY COMMUNlCA TIONS CENTER AGREEMENT - 17 c:\Tl'.MP\VaD<)ComAgr<ancnt.FinaI.doc b~2- S STATE OF WASHINGTON ) : ss, COUNTY OF KING ) I} 11-- On thi/ day o~n ( , 2000, before me a Notary Public in and for the State of Washington, personally ed Charles Booth, to me known to be the Mayor of the City of Auburn, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. ----.........e""\\ -Notary Seal Must Appear Within This Box- .;r- \-€. 'D.A\' ~......<J.....;Mk'h~ ... ~~.~...".OF, I have hereunto set my hand and official seal the day and year ftrst a' :~Uen..A 11- i., ~'~ ~ ttJ '0.0 ~UI r If\. ., ~ ~ ~() - OO} ~ . ~ ~ . PlJBUC . , , ... , ~'!).....: '.~.. O-n.#. , ~/. 1/ r ~ 1/ 't ~Ji.'."".'." E vr. "'1- e / Ie. ~ ..pI< S tC.d ~ l\\\,DFW __-..:' NOTARY PUBliC, in and for the State .........................- 0 r I of Washington, residing at L-- 11 t1. MU ~) My appointment expires AJ- 2. ~ -0 3 STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this~yof /tPIZIL ,2000, before me a Notary Public in and for the State of Washington, personally appeared ~~ 7fi"N~ , to me known to be the J1 If 'I fJ Il of the City of Renton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above "!{l_,II'"", ~ ,~~' ~" J. Pt:1'; I", ~ '- J ~""~;'~io;i"i{.-9~'~ 0 hLU ~ l ~r."'~' 7.... -t- ~, = I NOTARY ~\ .... .. : U'l. . : : -*- : i~\~ PUBUC ~/ ~ :..: NOTARY PUBliC, in an.d 1<t the State '\ "';':':~aER ..,:?\;-.O I of Washington, residing at~ ~~#. (\' O::.......S.~\~ ,,,,~ My appointment expires /0 - r - M ~##. ,. 'VA ,p ", ',,'.......,,' STATE OF WASHINGTON ) : ss. VALLEY COMMUNICATIONS CENTER AGREEMENT - 18 c 'TEMPI v alkyComAgr=nrnt.Final.doc CI~ 2-4 COUNTY OF KING ) ll.jcfK ,11 "/ On this. day of 1t f)f I , 2000, before me a Notary Public in and for the State of Washington, personally appeart~d David H. Moseley, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year fIrst above written. 1e~~ C; foeVl kDb ;1-{5lV\ NOTARY PUBLIC, in and for the SAate _ () /lJan of Washington, residing at Fe&'et(L.J( =----w My appointment expires I-a.. q-l>;)- EILEEN ROBINSON STATE OF WASHINGTON NOT ARY -e- PUBLIC UY COWUISSION EXPIRES 1-29-02 ) ,-....... VALLEY COMMUNICATIONS CENTER AGREEMENT - 19 C,I TEMPI v aIkyComAgTCcmml.Finaldoc G-2t ~~~ n ~rALLEY COMMUNICATIONS CEN.TER LL~T COMMUNICAllONS ~. MEMO TO: Valley Communications Administration Board Mayor Jim White, Chair Mayor Jesse Tanner Mayor Chuck Booth Mayor Michael Park Mayor Steve Mullet /4.' . 2J~ Chris Fischer, Direct~ April 27, 2000 SUBJECT: Interlocal Agreements FROM: DATE: We have successfully received original, signed copies of the modified Valley Communications Center Interlocal Agreement. I am forwarding an original to each of our owner cities for your records. I appreciate very much your help and the help of your staff in bringing this to conclusion. I would also like to extend a warm welcome to the City of Federal Way as our newest partner. I look forward to working with all of you in the coming year. fJ~~ClLk- · ~;fhr/~ ~/~ G,-d COUNCIL MEETING DATE: May 20, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Veterans' Education and Training Program POLICY QUESTION: Should the City a/Federal implement the Department a/Veterans Affairs "On the Job Training Program (OJT) "? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: May 13,2008 CATEGORY: ['gJ Consent o City Council Business D Ordinance D Resolution D D Public Hearing Other A. Allen / Melanie McAJlester DEPT: Police Department STAFF REPORT By: Attachments: Options Considered: Option #1: Accept the implementation of Veterans Affairs "On the Job Training Program" Option #2: Do not accept STAFF RECOMMENDATION: Staff recommends Option 1_ ~\. -, 'r CITY MANAGER ApPROVAL: ..' I, \\~~ '.0 ee \ v C ncil DIRECTOR ApPROVAL: :l./J.!"l'l <;Jr'l/J.'1iJ Conullittee q41 I./,/., 1:'/Wo- CouncIl COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chalf Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to participate in the Veterans' Education and Training - On The Job Training Program, " COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED, 02/06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # t-t~ 1 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: May 13,2008 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manager Brian J, Wilson, Chief of Police SUBJECT: Veterans' Education and Training Program Informational Only The Department of Veterans Affairs offers a "On the Job Training Program (OJT) that allows veterans to receive payment from the federal government for completing designated programs, The Police Department's recruit police officer training program, including the State Academy and the Field Training Program, qualifies for this program_ This provides the Federal Way Police Department with another recruiting incentive as we compete for qualified police candidates, +1- 2- ~ Department of Veterans Affairs OMB Number: 2900-0160 Estimated Burden: 5 minutes Expiration Date: 9/30/2003 STATEMENT OF ASSURANCE OF COMPLIANCE WITH EQUAL OPPORTUNITY LAWS The Paperwork Reduction Act of 1995 requires us to notifY you that this information collection is in accordance with the clearance requirements of section 3507 of the Paperwork Reduction Act of 1995. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a valid OMB number. We anticipate that the time expended by all individuals who must complete this form will average 5 minutes. This includes the time it will take to read instructions, gather the necessary facts and fill out the form. FEbE/Vl-f l-(}~ ~1/eH (Name of Organization. institution, or Individual) (hereinafter called the"Signatoryfl) HEREBY AGREES THAT: It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d et seq.), Title IX of the Education Amendments of 1972, as amended (20 U.S.c. 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 794), the Age Discrimination Act of 1975 (42 U.S.c. 610] et seq.), and all Federal regulations adopted to carry out such laws. This assurance is directed to the end that no person in the United States shall, on the ground of race, color, national origin (Title VI), handicap (Section 504), sex (Title IX, in education programs and activities only), or age (Age Discrimination Act) be excluded from participation in , be denied the benefits of, or be subjected to discrimination under any program or activity of the Signatory receiving Federal financial assistance or other benefits under statutes administered by V A (Department of Veteran Affairs), the ED (Department of Education), or any other Federal agency. This assurance applies whether assistance is given directly to the recipient or indirectly through benefits paid to a student, trainee, or other beneficiary because of enrollment or participation in a program of the Signatory. The Signatory HEREBY GIVES ASSURANCE that it will promptly take measures to effect this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Signatory or ED, this assurance-shall obligate the Signatory, or in the case of transfer of such property any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. In all cases, this assurance shall obligate the Signatory for the period during which the Federal financial assistance is extended to any of its programs by V A, ED or any other Federal agency. TH]S ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance, including facilities furnished or payments made under sections 104 and 244(1) of Title 38, U.S.c. Also, sections 1713, ]720, 1720A, ]741-1743, 2408, 5902(a)(2), 813]-8137, 8151-8156 (formerly 613, 620, 620A, 641-643, 1008, 3402(a)(2), 5031-5037, 5051-5056 respectively) and 38 U.S.c. chapters 30, 31, 32, 35,36,82, and 10 U.S.C, chapter 106. Under the terms ofan agreement between V A and ED, this assurance also includes Federal financial assistance given by ED through programs administered by that agency. Federal financial assistance is understood to include benefits paid directly to the Signatory and/or benefits paid to a beneficiary contingent upon the beneficiary's enrollment in a program or using services offered by the Signatory, The Signatory agrees that Federal financial assistance or other benefits will be extended in reliance on the representations and agreements made in this assurance; that V A or ED will withhold financial assistance, facilities, or other benefits to assure compliance with the equal opportunity laws; and that the United States shall have the right to seek judicial enforcement of this assurance. THIS ASSURANCE is binding on the Signatory, its successors, transferees, and assignees for the period during which assistance is provided. The Signatory assures that all contractors, subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to its students or trainees in connection with the Signatory's programs or services are not discriminating against those students or trainees in violation ofthe above statutes. The person whose signature appears below is authorized to sign this assurance. SIGNATU OF AUTHORIZJP OFFICIAL ,. -UAI& 1odZ- A E AND TITLE OF AUTHORIZED OFFICIAL DATE ??d- ?' C!# M~ ADDRESS OF AUTHOR~ZED ~FIC)AL 1"'--- p;;~ ~~ g/ &uU .L)c-(/r Flc::::uee.4--( WI! 71Y ~:RF~9~~ (RI 1 0-0 144A H-~ COUNCIL MEETING DATE: May 20, 2008 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Agreement between City of Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth POLICY QUESTION: Should the City oj Federal Way / Federal Way Police Department continue to donate to Reinvesting in Youth? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: May 13,2008 CATEGORY: [8] Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: A. Allen DEPT: Police Department Attachments: 1. PRHS&PS Memo 2. Agreement between Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth 3. Copy of Invoice Options Considered: I . Accept Reinvesting in Youth Agreement 2. Reject Agreement STAFF RECOMMENDATION: Staff recommends Option 1. CITYMANAGERApPROVAL: ~ .~. ~ nCll DIRECTOR ApPROVAL: iJ.w,IStJV1 t.ifa&/dtV}{ ./lw.ttlV1 4'pr(~ Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "J move approval of the Agreement between City oj Federal Way and Puget Sound Educational Service District Relating to FundingJor Reinvesting in Youth, and authorize City Manager, Neal J Beets to sign such Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COliNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordlnrTnces onlr) REVISED - 02/06/2006 COllNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: May 13, 2008 Parks, Recreation, Human Services & Public Safety Council Committee Neal J. Beets, City Manager Brian 1. Wilson, Chief of Police SUBJECT: Agreement between City of Federal Way and Puget Sound Educational Service District relating to Funding for Reinvesting in Youth Background The Federal Way Police Department has been helping fund Reinvesting in Youth since 2003. It is a countywide effort that seeks to increase resources for proven cost-effective services for troubled youth that reduce youth crime and save criminal justice and other costs. They reinvest in research-based intervention and prevention programs, which will serve youth and families throughout King County. -:1. .. '2- ..-. ~ PUGET SOUND Educational Service District Page: 1 800 Oakesda'e Avenue SW Henton, WA 98057-5221 (425) 911-TIM. FAX (425) 911-7199 Invoice Detail CITY OF FEDERAL WAY ATfN: LYNETTE ALLEN 33325 8TH AVE S PO BOX 9718 FEDERAL WAY WA 98063-9718 Invoice # Invoice Date PO# Due Date Invoice Total 0000055365 03/26/2008 04/26/2008 5,000.00 * Qtv. 1.00 Item Description A PORTION OF REINVESTING IN YOUTH MANAGEMENT COSTS Unit Price 5,000.00 Extension 5,000.00 * = Tax not computed on item. Invoice Subtotal: Tax: Total Extension: 5,000.00 0.00 5,000.00 -------------------------------------------~~CU~~~QtL~JalUl~~Ql___________________________________________ -- - .-- ~.. -. REMIT TO: Puget Sound Educational Service District IS: IH-Ol 800 Oakesdale Avenue SW Renton, WA 98057-5221 Invoice # Invoice Date Payor Due Date 0000055365 03/26/2008 CITY OF FEDERAL WAY 04/26/2008 (CITY OF 011) Invoice Amount: Remit Amount: , 5,000.00 I I--~ . t. ,. . Agreement Between City of Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth This agreement is entered into between the City of Federal Way and the Puget Sound Educational Service District I Reinvesting in Youth. I. INTRODUCTION Launched by the Puget Sound Educational Service District, City of Seattle, King County and suburban city partners, Reinvesting in Youth (RIY) Phase 2 is a countywide effort that will work with King County local governments, school districts, community based providers and state policy makers to develop and implement comprehensive local strategies and programs to prevent and retrieve dropouts; it will also support state policy reforms focused on increased accountability and increased funding for dropout prevention and retrieval. It is anticipated that local government contributions to RIY administrative costs will leverage much larger amounts of support from private foundations for program implementation. The Puget Sound Educational Service District is the fiscal agent for the RIY project, and its director and deputy director are employed by Puget Sound Educational Service District. They are advised by an inter-governmental staff team and receive policy direction from a Steering Committee of elected officials from King County, the City of Seattle, suburban cities, school districts and other government and community leaders. Reinvesting in Youth will provide quarterly and year-end reports to all funders and other stakeholders. The parties enter into this agreement to allow the City of Federal Way to reimburse the Puget Sound Educational Service District for a portion of the management costs of the project. II. CITY OF FEDERAL WAY RESPONSIBILITIES The City of Federal Way serves as a key partner in RIY through its ongoing support of the RIY mission and strategies. Upon receipt of an invoice the City of Federal Way shall pay $5,000.00 to Puget Sound Educational Services District for a portion of the RIY management costs. III. PUGET SOUND EDUCATIONAL SERVICE DISTRICT REINVESTING IN YOUTH RESPONSIBILITIES The Puget Sound Educational Service District shall be responsible for hiring the RIY management staff and providing administrative support to the project. :J-~ " .' IV:' AGREEMENT DURATION This agreement shall be effective from January 1 to December 31, 2008. This agreement may be extended by mutual agreement of the Puget Sound Educational Service District and the City of Federal Way. . V. PAYMENT The Puget Sound Educational Service District I Reinvesting in Youth shall submit to the City of Federal Way an invoice for work to be completed under this agreement through the period specified in Section IV, in the amount of $5.000.00. VI. CORRESPONDENCE AND NOTICES All correspondence and notices related to this agreement shall be delivered or mailed to the following addresses: Reinvesting in Youth: Dana Boales Puget Sound Educational Service District 800 Oakesdale Avenue South West Renton, Washington 98055 (425) 917-7615 City of Federal Way: Brian Wilson Deputy Director of Public Safety City of Federal Way 33325 8th Ave S PO BOX 9718 Federal Way, WA 98040 (253) 661-4602 CITY OF FEDERAL WAY OFFICE OF THE CITY MANAGER PUGET SOUND EDUCATIONAL SERVICE DISTRICT Authorized Signature J~' Date '3 J~ltJ } 68 Date :1--5 REINVESTING IN YOUTH A COMMUNITY PARTNERSHIP March 25, 2008 Brian Wilson Deputy Director of Public Safety , City of Federal Way 33325 8th Ave S PO BOX 9718 Federal Way, WA 98040 Dear Mr. Wilson, I have enclosed two copies of the 2008 agreement between the Puget Sound Educational Service District, Reinvesting In Youth and the city of Federal Way. For your convenience, we have also included an invoice for your 2008 contribution to Reinvesting in Youth. Please sign both copies of the agreement, retain one for your records and return the other to me. Reinvesting in Youth (RIY) Phase" is a countywide effort that is working with King County local governments, school districts, community based providers and state policy makers to develop and implement comprehensive local strategies and programs to prevent and retrieve dropouts. RIY will also support state policy reforms focused on increased accountability and funding for dropout prevention and retrieval. The city of Federal Way is a key partner of RIY through its ongoing support of the RIY mission and strategies. Your contribution to Reinvesting in Youth's administrative costs will leverage much larger amounts of support from private foundations for program implementation. Thank you and the city of Federal Way for your support of Reinvesting in Youth. If you have any questions, please feel free to contact me at (425) 917-7626. Sincerely, ~Ig~~~ Project Planning Director Reinvesting In Youth dboales@psesd.org ~-~ 800 Oakesdale Ave. SW. Renton. WA 98055-1221 . www.psesd.org ". -- -",----,,--_....._- --- --"--"-'- --_."----.-------_.,-_.._._~..__._.._._._.._-------_._,_.,..-..._---,---------~._._._.,_.,.- ----.-'.------.----- ~----,._---- .~----_.~----..__.------_.._.._._..._._-,_.-.-.- ,. ..--.-- ~--------_._,.. --- \425} 917-7600' 1-800-664-4549 . TIY (425) 917-7833' FAX (425) 917.7777 . Monte L Bridges, Ed.D., Superintendent Rn::W-1 l\Aomhorc RnhDrt Room l(on I-lnhon P::lt ~,iffjth rh,ictin;ll f:llill6n_rlV\" n:Jvirt nltimntn Pi:uh::tr~ Potof'Cn" I(on c;,onn brl.-iG Cmith Inhn 711rllllh