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PRHSPSC PKT 06-10-2008 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Tuesday, June 10,2008 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 MAY 13,2008 SUMMARY 5. COMMITTEE BUSINESS A. B. Safe City Federal Way - Safe City Program Purchase and Utilization of two "Dual-Sport" motorcycles, by the Police Department MUSCO Sports Lighting Release of Retainage Human Services Commission Change of Bylaws Recommendations on 2007 and 2008 CDBG Funds Action Wilson C. D. E. Action Action Action Action Wilson Ikerd Hynden O'Donnell 6. PENDING ITEMS . Animal Control Contract . Dangerous Dog Ordinance . Festivals 7. NEXT MEETING - July 8,2008 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 II 253-835-6901 City of Federal Way City Council P ARKS. RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday May 13, 2008 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell; Mayor Jack Dovey, Council members Linda Kochmar and Dini Duclos, Cary Roe, Assistant City Manager, Aaron Walls City Attorney, Chief Brian Wilson, Donna Hanson, Director PRCS, Mary Faber, Recreation Superintendent, B Sanders, Park Planner & Development Coordinator, Doug Nelson Community Center Supervisor, Lynnette Hynden Human Services Manager, Kelli O'Donnell, CDBG Coordinator, Mary Jaenicke, Administrative Assistant II. Guests: None Chair Burbidge called the meeting to order at 5:34p.m. PUBLIC COMMENT None COMMISSION COMMENT None APPROVAL OF SUMMARY Council member Ferrell moved to approve the April meeting minutes as written, Council Member Burbidge seconded. Motion passed. BUSINESS ITEMS Contract for the FWCC Electronic Messaee Board Monument Sien Ms. Sanders provided the background information. Three proposals were received. The lowest bid was Tube Art Displays Inc., reference checks were done. The lowest bidder is well qualified, and he was also recommended by Dave Clarke the Architect. The price is $23,977.82 plus a 10% contingency for a total cost of$26,375.52. The sign is multi-colored, two-sided, and close to 6 feet. Council member Ferrell moved approval to award the contract to Tube Art Displays in the amount of $26,375.52, Chair Burbidge seconded. Motion passed. Funding will come from the Community Center budget. Saehalie Park Soccer Field - Artificial Turf: Accept Work bv Epic Construction Mr. Sanders presented the background information. The project is complete, and it came in with change orders under the 10% contingency. The original contract was $841,358.37, and the grand total is $969,600.97. Chair Burbidge asked if this was all done with City funds, Ms. Sanders answered that there was about $300,000 from the Recreation & Conservation Office (RCO), and $55,000 from the Federal Way Soccer Association. Council member Ferrell moved to accept the Saghalie Park Soccer Field - Artificial turf project performed by Atlas Tracks, Inc.. as complete, and approve release of the retain age. Chair Burbidge seconded. Motion passed. West Hvlebos Wetlands Trail Improvements: Accept Work bv Epic Construction Ms. Sanders provided the background information. This is the boardwalk portion of the improvement at the West Hylebos Wetlands. It included demolition of the existing boardwalk, the removal and disposal of the boardwalk, and replacing it with long lasting foundations and construction of a boardwalk with bull rail and guard raiL It is about 314 of a mile long. We received funding from RCO in the amount of $550,000 and appropriations in the amount of $350,000. Total budget for this project was $1,420,220.35, and from this amount $1,127,788.59 was identified for construction costs, including a 10% contingency. Actual costs for construction are below the budget amount at $1,066,706.59. Council member Ferrell moved to accept the West Hylebos Wetlands Trail Improvementsperformed by Epic Construction, LLC as complete, and approve release of the retainage. Chair Burbidge seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday May 13, 2008 Summary Page 2 Ms. Hanson announced that this is Ms. Sanders last Council Committee meeting. She has taken a job with the City of Redmond as a Senior Park Planner. The Committee congratulated B, and thanked her for all of her hard work, and wished her good luck. Communitv Center Cafe Vendor Contract Mr. Nelson presented the background information. Mr. Nelson reported that an RFP was issued on April 3. One firm, Billy McHales submitted a proposaL They are currently providing concessions at Steel Lake Park and Celebration Park. Mayor Dovey asked what the square footage of the concession stand would be. The square footage at this time is undetermined; there have been ongoing meetings with the Architect and the Concessionaire. Ms. Faber stated it would be about 80 square feet. Mayor Dovey asked what the cost is to re-model the space. Ms. Hanson answered that we do not have a fmal estimate, we have drawings, and we have budgeted $100,000 for building adjustments. Based on what we are estimating to get in return from the Concessionaire, Mayor Dovey questioned whether or not this was a good business decision. It will take a long time for us to get our money back. Ms. Faber stated that it is not a good payback, but this is a service that people who use the facility expect. Ms. Hanson stated that once we have the cost, we will have a better analysis. Mayor Dovey questioned whether or not it is wise to contract with a vendor before we have the design and cost. Ms. Faber explained the process: We projected a menu and did an RFP, and brought in the vendor. The vendor is working with staff and the architect. The Architect is putting together the fmal design and estimating the cost. The vendor agreement does not need to be fmalized. Chair Burbidge asked staff where they are in the process. Ms. Faber answered that the architect and vendor are meeting this week to fmalize the design of the space and the layout of the equipment. We should have the cost estimate in 3-4 weeks. After discussion it was decided to bring both the Vendor Agreement and the cost estimate back to the PRHSPS Committee in the future. 2008 Human Services Commission Work Plan Ms. Hynden provided the background information. The Commission held a retreat to discuss the work plan. Ms. Hynden stated that the primary objectives this year is the allocation ofCDGB and Human Service funds, exploring and looking at the three year King County Consortium contract to decide if they should become a direct entitlement, or stay in the King County Consortium for another three years. Ms. Hynden said that this is a very full plate for the Commission. Council member Ferrell moved to recommend approval of the 2008 Human Services Commission Work Plan. Chair Burbidge seconded. Motion passed. Joint Interlocal Aereement Reeardine the Communitv Development Block Grant (CDBG) Proeram Ms. O'Donnell provided the background information. The City Of Federal Way has the option every three years of either receiving the CDBG funds directly to the City Of Federal Way as a direct entitlement, or continuing as part of the King County Consortium. Once we commit to the Consortium, we are committed for three years as part of the Housing and Urban Development (RUD) program. Some of the advantages of participating are: Administration is shared, labor requirements for implementing capital projects is provided, and we still maintain local control to choose which projects we want to enter into. After review, staff recommended to continue in the consortium for the next three years. Council member Ferrell moved to authorize the City Manager, 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 2009-2011 period as a Joint Agreement City with technical changes. Chair Burbidge seconded. Motion passed. Ratification of 1st Amendment to VCC's Governine Interlocal Aereement Chief Wilson provided the background information. This Amendment is similar to what occurred in 2000. At that time the Federal Way Fire Department was a Fire District, and the other four governing agencies had municipal fire departments. The decision was made for the Federal Way Fire Department to come into the Valley Com. An agreement was made that the City would act as the contracting agency and would apply that same rate to the Federal Way Fire Department, as was the same rate for the Police Department. With the election the Valley Regional Fire Authority was formed with the cities of Auburn, Algona and Pacific. This is a similar structure to the Federal Way Fire Department. This proposal would apply the same rate structure with that entity that is providing fire services within the City of Auburn, Algona and Pacific. Council member Ferrell moved approval of the ratification to the 1st Amendment to Valley Communications Center Governing Interlocal Agreement. Chair Burbidge seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday May 13, 2008 Summary Page 3 Veterans' Education and Traininl! Prol!ram Chief Wilson provided the background information. This program offers an on the job training program that allows veterans to receive payment from the Federal Government if they complete certain types of programs. Our Police Departments Recruit Officer Program and the Field Training Officer Program qualifies for reimbursement under this program for veterans. This will be a good recruiting incentive for veterans. Council member Ferrell moved to accept the implementation ofthe Veterans Affairs "On the Job Training Program". Chair Burbidge seconded. Motion passed. Al!reement between City Of Federal Wav and Pueet Sound Educational Service District Relatine to Fundine for Reinvestine in Youth Chief Wilson provided the background information. The Police Department has participated in this program for a number of years. The idea behind the program is to provide a county wide effort that increases services for troubled youth. The goal is to get kids back in to school, and to reduce dropout rates. The cost to participate is $5,000. This also allows the department to tap into grants and private funding. Prior to voting, Chair Burbidge reported that she serves on the advisory board, but it is not a board directive. Council member Ferrell moved approval of the Agreement between City Of Federal Way and Puget Sound Education Service District Relating to Funding for Reinvesting in Youth, and authorize City Manager, Neal Beets to sign such Agreement. Chair Burbidge seconded. Motion passed. Other Council member Ferrell inquired as to where w~ stand on the Animal Control and Dangerous Dog Ordinance issues. Chair Burbidge stated that this was discussed about two years ago, and we did a very thorough analysis and comparisons with other jurisdictions. Council member Ferrell is not interested in revisiting the Ordinance, and would like it taken off of pending items on the PRHSPS agenda. He is interested in the Animal Control Contract. Chair Burbidge stated that King County is reviewing their contract very thorougWy. They are in the process of making significant improvements, and that we could benefit from these improvements. Mayor Dovey stated that if we are going to talk about an Animal Control Contract, this becomes a budget issue. We would need to fmd out what it would cost, and it would become a budgetary decision. Knowing the cost would help defme what Council wants to do. Council member Kochmar asked that before they leave the Dangerous Dog Ordinance, to ask a King County Animal Control Officer to come to a meeting and talk about the issue. Chair Burbidge stated that it is up to the dog owner to keep the dog under control and on a leash, and owners need to be encouraged to do this. After further discussion it was decided that there is a need to review possession/ownership in the Ordinance. The Legal Department will review this. Chair Burbidge stated that H. David Kaplan had made a request regarding changing the name of some open space. Ms. Hanson answered that it is going to the Parks Commission for discussion. Council member Kochmar asked if there would be a discussion regarding a Festival Coordinator. Ms. Hanson answered that the City Manager is working on the concept of Festivals, and that it is not ready to be brought forward at this time. NEXT MEETING - June 10, 2008 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:28 p.m. COUNCIL MEETING DATE: June 17,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAFE CITY FEDERAL WAY - SAFE CITY PROGRAM POLICY QUESTION: Should the City enter into a contract with Safe City Federal Way - an IRC 501 (c)(3) nonprofit cOlporation. COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: June 10,2008 CATEGORY: cgJ Consent o City Council Business STAFF REPORT By: Connie E. Attachments: 1. PRHS&PS Memo 2. Contract Options Considered: 1. Accept contract with Safe City Federal Way - an IRC 501 (c)(3) nonprofit corporation. 2. Reject contract o Ordinance o Resolution o o Public Hearing Other DEPT: Police Department STAFF RECOMMENDATION: Staff recommends Option 1. @}- DIRECTOR ApPROVAL: /J./,.}./{{.Kt cjo;jAv[{ Ll.t.AAW' ~A4~ Conunittee Council CITY MANAGER ApPROVAL. COMMITTEE RECOMMENDATION: PRHS&PS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve a contract with Safe City Federal Way. an IRC 501(c)(3) nonprofit corporation. " (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 - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # \\-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: June 10,2008 Parks, Recreation, and Public Safety Council Committee Neal Beets, City Manag~ f r-: I~ Brian Wilson, Chief of~~'uW (pIG) SUBJECT: Safe City Federal Way - Contract Agreement The City is seeking the City Council's permission to approve entering into an agreement with Safe City Federal Way, an IRC 501 (c)(3) nonprofit corporation. Back2found Attached is the contract agreement with Safe City Federal Way, which is a nonprofit organization that is comprised of Chamber of Commerce members, and is lead by a Board of Directors. The Board will be responsible for the enrollment and governing of by-laws. The Board will work directly with the city in the implementation of the Safe City program. With the approval of this contract, Safe City of Federal Way can move forward with the first phase of this project which includes the implementation and monitoring of several cameras in and around the downtown core. It is the recommendation of the staff that the City of Federal Way enter into a contract with Safe City Federal Way. l\ - 1- I AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY This Agreement ("Agreement") is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Safe City Federal Way, an IRC 501 (c )(3) nonprofit corporation ("SCFW"). The City and the SCFW shall collectively be referred to as the "Parties". WHEREAS, the Parties desire to enter into an agreement, whereby the City and SCFW agree to each undertake tasks related to a SafeCity Program ("Program"), which will consist of, including but not limited to, certain financing, installation, maintenance, and use of a system ("System") which includes a network of wired and wireless video surveillance equipment ("Equipment") within the City of Federal Way in locations shown in Exhibit "A", can be monitored in real time by the City of Federal Way and/or authorized SCFW personnel to deter and investigate criminal activities, respond to emergencies, and maintain traffic safety; and WHEREAS, the Parties intend that SCFW will finance the Program and own, and maintain the Equipment and the City of Federal Way will use and operate the System, and will provide financial support to the Program. 1. PURPOSE. The purpose of the Agreement is to create a cooperative arrangement between the Parties to fund, create, operate, and administer the Program, while providing use of the System by the City to deter and investigate criminal activities, respond to emergencies, and maintain traffic safety. The Equipment shall initially be installed at or in the general proximity of locations pursuant to Exhibit "A", but may be thereafter relocated, modified, or expanded as agreed in writing by the parties. 2. TERM. The initial term of this Agreement shall be in force for a period of five (5) years unless terminated pursuant to section 6 of this agreement. The agreement shall be automatically renewed for subsequent 10 year periods unless terminated pursuant to section 6 of this Agreement. 3. DUTIES AND RESPONSIBILITIES. 3.1 SCFW's Duties: 1) SCFW will work with businesses and property owners to obtain easements and agreements for the installation of Equipment, access for maintenance and use, and provision of power at locations agreed between SCFW and the City of Federal Way as appropriate equipment locations on private property at the sole cost of SCFW. AGREEMENT BETWEEN THE CITY OF FEDERAL WAY 'f\ ... ...::> AND SAFE CITY FEDERAL WAY 2) SCFW will be responsible for the installation and maintenance of the Equipment. It is anticipated that SCFW will execute contracts with Lensec to accomplish these responsibilities pursuant to the requirements of its financing through the Target Corporation. 3) SCFW grants to the City of Federal Way full access and use of the Equipment and the System. 4) SCFW will recruit participants from local business and individuals who will provide ongoing funding for the Program. 5) SCFW will maintain a website/portal to provide information and communication regarding the Program to the public and to SCFW participants. 6) SCFW will insure the system maintains 95% operability per year. 7) SCFW will provide a written annual report to the City outlining its Program, membership, and financial operations. 3.2 City's Duties: 1) The City will provide a location to house the hub of the System and for its personnel to monitor and use the System. The City will store images as needed in its sole discretion. 2) The City will maintain the portion of the System housed in its premises and provide general technical assistance for the System's wireless and camera network. The City's assistance is not in-lieu of any support service agreement offered by Equipment vendor. 3) The City will assist with obtaining necessary permits for the System. 4) The City will provide electrical installation services for the provision of power to the Equipment, cost to be reimbursed by SCFW. 5) The City will coordinate signing of the SafeCity Zone, with cost to be reimbursed by SCFW. 6) The City grants SCFW the right to use City Right-of-Way for the installation, maintenance, and operation of the System. 7) The City grants SCFW the right to use any City owned equipment identified by the Parties as part of the Equipment. 8) The City grants SCFW the right to use its 4.9 GHz wireless license as a part of the System. 9) The City grants SCFW the right to jointly exercise its rights to install, maintain, and operate Equipment under its easements or agreements with United Properties LLC and J+Y Investments LLC. 4 COMPENSATION/FINANCING. 4.1 SCFW will use funds obtained from the Target Corporation to provide for the installation and maintenance of the System. SCFW will be solely responsible for administering and funding of ongoing expenses of the Program, including repairs, maintenance, and expansion of the System, through contributions from participating entities. 2 l\-~ AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 4.2 The City agrees to provide funds to be used for the installation of the System, including the cost for the provision of power and signage as to the agreed locations identified in Exhibit A, in the amount of Two-Hundred and Ten Thousand dollars ($210,000). The initial moneys, net of the City's wiring and signing costs anticipated at $45,000, shall be paid within 30 days of Parties' execution of this Agreement. The City agrees to provide an annual contribution of Thirty Seven Thousand Five Hundred and 00/100 Dollars ($37,500.00) to SCFW for the maintenance and technical support of the System and the Equipment and the operation of the Program. The first annual contribution shall be paid within 30 days of Final Acceptance of the System, with subsequent payments made by January 3151 of each year. 5 TERMINATION 5.1 For Cause: The City may terminate this Agreement ifSCFW is in material breach of any terms of this Agreement, and such breach has not been corrected within thirty (30) days from notice of breach. For purposes of this subsection, a material breach is defined as a failure to comply with the duties contained in the paragraphs of this Agreement. 5.2 For Parties' Convenience: Either Party may terminate this Agreement without cause, upon one hundred and eighty (180) days advance written notice. 5.3 Dissolution: This Agreement shall be deemed terminated immediately if SCFW dissolves, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated, voluntarily or otherwise. 5.4 Notice: The City is not required to provide advance notice of termination. Notwithstanding, the City may issue a termination notice with an effective date later than the termination notice itself. In such case, SCFW shall continue to provide products and services as required by the City until the effective date provided in the termination notice. 5.5 Effects of termination: In the event of termination of the Agreement, SCFW shall transfer all of the Equipment, all funds designated for the Program, and all of SCFW's other property and assets to the City of Federal Way. Termination shall not alter the obligations of the Parties undertaken prior to termination. 6 ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. All notices shall be sent in writing to these persons. The parties may change this information at any time by written notice to the other party. 3 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY ~"5 City of Federal Way: SCFW: Neal Beets City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, W A 98003-9718 Tom Pierson, Chairperson Federal Way Chamber of Commerce Safe City Federal Way P.O. Box 3440 Federal Way, W A 98063 7 INSURANCE. 7.1 SCFW agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: 1 ) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 2) Commercial general liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 7.2 The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage. SCFW shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If SCFW's insurance policies are "claims made" or "claims paid", SCFWshall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. SCFW's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 7.3 The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8 INDEMNIFICATION. 8.1 SCFW Indemnification. The SCFW agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement or connected with any of the employment agreements contemplated by this Agreement to the extent caused by the negligent acts, errors or omissions of the SCFW, its employees, or agents. 4 'f\-lo AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 8.2 City Indemnification. The City agrees to indemnify and hold the SCFW, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9 BOOKS AND RECORDS. The records and documents maintained by SCFW with respect to all matters covered by this Agreement shall be subject to audit by the City during the term of this contract and three (3) years after termination. Recordings of surveillance will remain solely in the possession of the City except as required to deter and investigate criminal activities, respond to emergencies, and maintain traffic safety or under the Public Records Act. 10 COMPLIANCE WITH LAWS. Each party accepts responsibility for compliance with federal, state, or local laws and regulations. 11 NON-DISCRIMINATION. In all contractor services, programs or activities, and all hiring and employment made possible by or resulting from this Agreement, the SCFW shall abide by all federal, state, and local laws prohibiting discrimination. 12 MISCELLANEOUS PROVISIONS. 12.1. Entire Agreement. This Agreement contains all 0 f the agreements 0 f the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 12.2. Records. Any of either Party's records related to any matters covered by this Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. 12.3. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 5 {\-'\ AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 12.4. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. 12.5. Assignment. Neither Party shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 12.6. Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. 12.7. Dispute Resolution. The Parties should attempt if appropriate use a formal dispute resolution process such as mediation, through an agreed upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 12.8. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms ofthis Agreement or either Party places the enforcement ofthis Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. 12.9. No waiver. Failure of either Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 12.10. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 12.11. Authority. Each individual executing this Agreement on behalf of either Party represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of such Party. 12.12. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above inSection 6. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 6. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 12.13. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. AGREEMENT BETWEEN THE CITY OF FEDERA~ WAY P\ - ~ AND SAFE CITY FEDERAL WAY 12.14. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 12.15. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 12.16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof WHEREOF, this Agreement is executed as of the date of mutual execution hereof. THE CITY: CITY OF FEDERAL WAY, a Washington municipal corporation: By: Its: City Manager Dated this _ day of ,2008 ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson 7 ~-\ AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY SAFE CITY: SAFE CITY FEDERAL WAY, a nonprofit corporation: By: Its: Authorized Officer Dated this _ day of ,2008 ST ATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of SAFE CITY FEDERAL WAY that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of ~aid corporation. GIVEN my hand and official seal this day of 200 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K:\agreement\Safe Cityagreement 8 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY ~ro COUNCIL MEETING DATE: June 17,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: The purchase and utilization of two 'Dual-Sport motorcycles, by the Police Department. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department purchase two 'Dual- Sport' motorcycles to enhance public safety and officer presence in and around our City Parks and SPA trail ? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: June 10,2008 CATEGORY: ~ Consent o City Council Business STAFF REPORT By: STAN o Ordinance o Resolution COMMANDER o o Public Hearing Other DEPT:Police Department Attachments: 1. PRHS&PS Memo 2. Copy of motorcycle data sheet Options Considered: 1. Purchase and Utilize 'Dual-Sport' motorcycles for police patrol in and around City Parks and the BP A Trail. 2. Consider Other Off-Road Utility Vehicle Options. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL. .' ./7 . J . It;;' ()~y /I J ~ J,,_ ..t/.J..>/.J<cJy DIRECTOR ApPROVAL: ..v W'IJ'=-I- .u- IV. Il~ Conunittee Council COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "[ move approval of the request by the Police Department to purchase two 'Dual-Sport' motorcycles to enhance public safety and officer presence in and around our City Parks and the BPA Trail. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # \6-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: June 10, 2008 Parks, Recreation, Human!le ..'H and Public Safety Council Committee Neal J. Beets, City Manag . W'l Ch' f f P //f ~ .sI'N!;..ol:/ Bnan J. I son, Ie 0 o Icet>- SUBJECT: Police Patrol- BPA Trail & City Parks - Dual Sport Motorcycles (~f'''L.( 71JO ClVJ,VM.tc! ikAIY1I'J ffi~) &s0 Back2round Historically our agency experiences an increase in calls for service in the parks and BP A trail areas during the spring and summer months. In recent years, we have had a number of gang-style incidents in Steel Lake Park during the summer. Officers have had difficulty in some cases responding quickly to these incidents due to the crowds and heavy traffic within and around the parks. We have found that officers assigned to ride motorcycles have better success in responding through heavy vehicular and pedestrian traffic. Regionally, the success of these very maneuverable modes of transportation has resulted in the Seattle Fire Department placing some of their paramedics on motorcycles. The Parks Department and the greater Federal Way community have higher expectations for police officer presence in our parks and trails during periods of higher use by our citizens. We believe we can achieve this, in part, by utilizing 'Dual- Sport' motorcycles. One of the hazards we have identified in using our existing traffic motorcycles, (designed for street use), in the parks and on our trails, is that they are very heavy and offer limited traction on dirt and grass. This results in a decrease in control and ineffective stopping. Due to their size and weight our current Harley Davidson Motorcycles are not very maneuverable on trails and in wooded areas. An effective tool for this type of off-road police patrol is the use of a 'Dual-Sport' Motorcycle. These Dual-Sport vehicles are smaller than the traditional police motorcycle, making them lighter, more maneuverable, potentially safer and rp.ore effective in patrolling the varied terrain of. our parks and trails. We evaluated several makes and models of the 'Dual Sport' style motorcycle, to include the Kawasaki KLR 650, BMW GS650P, Suzuki DR-Z400S and the Suzuki DR-650SE. Based on our evaluation and analysis, we are requesting permission to purchase two Suzuki DR-650SE's. The purpose of the Dual-Sport Motorcycle Program will be to enhance public safety and officer presence in our parks and on trails within the City of Federal Way. 1 '\6- 2- Motorcvcle and Equipment Costs Renton Motorcycle Hinshaw's Motorcycle Company Store Enumclaw Suzuki Vehicle Base Price - $5,289.86 Base Price - $6,153.31 Base Price - $5,914.14 Lights $150.00 $150.00 $150.00 Siren $ 7 5.00 $75.00 $ 7 5.00 Installation $280.00 $280.00 $280.00 Graphics $350.00 $350.00 $350.00 Communications $250.00 $250.00 $250.00 Total $6,394.86 $7,258.31 $7,019.14 Dual Sport Motorcycle Costs Suzuki DR-650 SE The Police Department is seeking permission to purchase two Dual-Sport motorcycles to facilitate uniformed officer patrols in and around our City parks and the BP A trails. These two 'Dual-Sport' vehicles would be assigned to and maintained by the Police Traffic Unit. Funds for this purchase would be obtained from our available Replacement Reserve monies. . ,. ,~--....:::.. .II!Jij;'~w<<"~~'J//l!!:!:: 2 ~-~ *SU.ZUKI ~:-:~,/-:"I.v~,jj$ii.f.t 2008 DR650SE MSRP: $5,099.00 Specs: 'Engine: 4-stroke, air-cooled, OHC 'Bore Stroke: 100.0 x 82.0mm 'Compression Ratio: 9.5 : 1 'Fuel System: MIKUNI BST40. single 'Lubrication: Wet sump 'Ignition: Electronic ignition (CDI) . Starter: Electric 'Transmission: 5-speed constant mesh 'Final Drive: 0.1.0 525 V9. 110 links 'Overall Length: 2255 mm (88.8 in), Low seat 2235 mm (88.0 in) 'Overall Width: 865 mm (34.1 in) 'Overall Height: 1195 mm (47.0 in), Low seat 1155mm (45.5 in.) 'Seat Height: 885 mm (34.8 in). Low seat 845 mm (33.0 in.) 'Ground Clearance: 265 mm (10.4 in), Low seat 225 mm (8.9 in.) 'Wheel Base: 1490 mm (58.7 in). Low seat 1475 mm (58.1 in.) 'Dry Weight: 147 kg (324 Ibs) 'Suspension Front: Telescopic, coil spring, oil damped 'Suspension Rear: Link type, coil spring, oil damped 'Brakes Front: Disc brake 'Brakes Rear: Disc brake 'Tires Front: 90/90-21 M/C 54S, tube type 'Tires Rear: 120/90-17 M/C 64S, tube type 'Fuel Tank Capacity: 13.0 L (3.4/2.9 US/Imp gal) 'Color: Black. Blue Chassis Features: 'Adjustable seat height - seat height can be lowered 40mm (1.6 in) with suspension modifications perfonned by a dealer 'Compact & lightweight frame. Use of thin-wall/large 0.0. tubing reduces weight while increasing frame rigidity 'Short wheelbase and low seat height provide nimble DualSport@ perfonnance 'Front fork combines the best features of conventional and inverted designs: Smooth and progressive action. Large diameter, thin-walled tubes reduce unsprung weight while maintaining high rigidity - minimal below-axle extension 'Link-type rear suspension with piggyback-style shock absorber and adjustable compression damping provides stable damping perfonnance 'Lightweight aluminum swingarm 'Large diameter hollow-type wheel axles are lightweight and rigid. Rear axle features welded-on snail cam chain adjuster for simple axle/wheel installation 'Lightweight 290mm diameter front disc brake with 2-piston caliper 'Rear disc brake with lightweight drilled rotor and two piston caliper 'Special design tires with on/off road tread pattern fitted to 21" front and 17" rear wheel 'Full on-road lighting system with bright 55/60 watt halogen headlight 'Frame-mounted luggage rack for additional carrying capacity 'Handlebar-mounted brushguards Engine Features: 'Compact & lightweight SOHC 4-stroke engine tuned for strong low and midrange power and fuel efficiency with a single counterbalancer system 'SCEM (Suzuki Composite Electrochemical Material) plated cylinder is durable, minimizes cylinder size & weight and improves heat dissipation 'Efficient SACS air/oil cooling system with additional piston-jet cooling and engine oil cooler 'Mikuni 40mm "Slingshot" carburetor enhances throttle response and overall engine perfonnance 'Painted stainless-steel exhaust system is light and corrosion-resistant, and tuned specifically for strong low and midrange power 'Wide-ratio 5-speed transmission with O-ring sealed final drive chain 'Electric start with automatic decompression system 'Low-maintenance, digitally controlled DC-CDI ignition system provides accurate ignition timing and more consistent spark at all engine speeds 'Lightweight and compact maintenance-free battery Optional accessories: 'Gel seat 'Skid plate 'Rear rack 'Side stand (for lowered seat height option) \2)_ t.-' COUNCIL MEETING DATE: June 17, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MUSCO SPORTS LIGHTING RETAINAGE RELEASE POLICY QUESTION: Should the City accept the contract with MUSCO Sports Lighting as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee MEETING DATE: June 10,2008 CATEGORY: !8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~!:!:~_~Q!!!~Y:~J~ph~l!_~~~~2._~~!.~~~_F:~~~li!i_~~M~!l-,!g~!.___...... ...-- .. --.-.------.~~~~-=...~~~~- .-----.------------- History: The City contracted with MUSCO Sports Lighting for remote lighting controls for five City Parks in the amount of $48,976.00. MUSCO Sports Lighting has completed all the work within this contract. Prior to the release of retainage on any Public Works project, the City Council must accept the work as cornplete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $42.609.12 - Budget from One-Time funding $ 6.366.88 - Budget from Parks Contract funding $48,976.00 - Total expenditure $ 2,246.61 - 5% retainage held from the $48,976.00 Attachments: NA Qp-!!~~~~~ns}_<!~!_~!!.:__~~.~t?P!_!!?:~_~~!!"_~~!_~~.<?_<?!!!p!~!e;::Q!.~Q_~~!~~<?~p!!.~~~<?~!!_~_~!_~~_<?_<?!!!.p!_e;::!e;:::__._______________.__ STAFF RECOMMENDATION: Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $2,246.61 to MUSCO Sports Lighting. to Committee to Council DIRECTOR ApPROVAL: " t I . . ~ To Council {hn( CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDA nON: Forward to full Council on June 17 for approval; the acceptance of the MUSCO Sports Lighting contract as complete and authorize staff to release their retainage. Committee Chair Committee Member Committee Member PROPOSED COUNClL MOTION: "I move to accept the MUSCO Lighting contract as complete and authorize staff to release retainage in the amount of$2,246.61 to MUSCO Sports Lighting" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 c-\ COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: June 17, 2008 ITEM #: .--.......----..--.-.-------.--...-.---.--...-.---..-..........-....--.--.--.-....-.--.--------------..--.---.-.-------........-...----...-....-..--.--------.-...-..---.-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to Human Services Commission By-Laws POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION BY- LA ws AMENDMENT? COMMITTEE: PRHSPS MEETING DATE: June 10,2008 CATEGORY: t8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: L YNNETIE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development _____________________________.______________________________________________.___._____.__~~ryi~~~J2~p_~!!~_~!!~___________________, Attachments: . Memorandum to PRHSPS Council Committee Dated May 22, 2008 . Human Services Commission By-Laws. Options Considered: 1. Recommend approval of the Arnendment to the Human Services Commission By-Laws addressing attendance. 2. Do not recommend approval of the Amendment to the Human Services Commission By-Laws addressing attendance. 3. To amend the proposed Amendment to the Human Services Commission By-Laws addressing attendance. - -- - - - ---------- ----- ---- - - ----- ----~ --- -----.. ------------ ------- --------.. - --------- --... ----- -- -- --.- ----.. -~.. -- ----------- -- - STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: (#f Committee Council COMMITTEE RECOMMENDATION: "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 T ABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ Memorandum TO: VIA: FROM: DATE: RE: PRHSPS Council Committee Cary Roe, Assistant City Manager Lynnette Hynden, Human Services Manager May 22, 2008 Amendment to the Human Services Commission Bylaws Background: This year during the Human Services Commission's Annual Retreat on April 21, 2008 a discussion regarding commissioner attendance and whether the current Bylaws of the Commission meets the needs of the increased demand for attendance at meetings as well as does the Bylaws as currently written are clear. The decision was that further clarification needed to occur and that the Bylaws needed to be amended. Currently the Bylaws read: 8. Attendance a. A commissioner may be excused from a meeting by providing advance notice to the commission chair, vice-chair or secretary. b. In the event that any commissioner has unexcused absences from three or more meetings held during any calendar year, the commission may request that the City Council appoint a replacement for that member. Option 1: To adopt the following changes to subsection 8 "Attendance" of the Human Services Commission Bylaws: 8. Attendance a. If a commissioner misses three meetings (excused or unexcused) in a consecutive 12-month period, the Human Services Manager will notify the Chair. b. The Chair, once notified by the Human Services Manager of a commissioner's absences, will have a conversation with said commissioner to check in with them and assess their commitment and capacity to serve. c. The Chair may bring the results ofthat conversation back to the Commission and the Commission may decide whether to recommend continued participation by said commissioner. d. If the Commission recommends that said commissioner is to be replaced, then they will make that recommendation to the City Council and request a replacement be appointed. \:)-'2- Option 2: To not recommend amending the Bylaws ofthe Human Services Commission that was adopted in 1990. Option 3: To amend the current Bylaws of the Human Services Commission that was adopted in 1990 by proposing other language. Staff Recommendation Option 1: Adopt new language that addresses the concerns expressed by commissioner at the 2008 retreat regarding attendance. Human Services Commission Recommendation On May 19,2008 the Human Services Commission approved staff recommendations and adopted the new language from Option 1 >>,hich amends their By-Laws under subsection 8 "Attendance." D-~ BYLAWS OF THE HUMAN SERVICES COMMISSION We, the members of the Federal Way Human Services Commission, pursuant to Ordinance No. 90-72, adopted on AUQust 7. 1990 by the Federal Way City Council, do hereby adopt the fOllowing BYLAWS. ORGANIZATION AND RULES OF PROCEDURE 1. The official name is the City of Federal Way Human Services Commission. 2. The official seat of the commission is the City Hall of the City of Federal Way. 3. The officers of the commission shall consist of a chairperson and a vice- chairperson. Their duties are: a. The"chairperson shall preside over the commission and exercise all the powers incidental to the office, retaining, however, the full right as a member of the commission to have a vote recorded in all deliberations of the commission, to propose motions and to second motions. b. The vice-chahperson shall, in the absence of the chairperson from any , meeting, perform all the duties incumbent upon the chairperson. and retain the full right as a me,mber of the commission to have a vote recorded in all deliberations of the commission, to propose motions and to second motions. c. The chairperson and vice-chairperson both being absent from any meeting, the members present may elect a temporary chairperson who shall have full powers as chairperson during the absence ofthe chairperson and vice-chairperson retaining the full right as a member of the commission to have a vote recorded in all deliberations of the . commission, to propose motions and to second motions. d. Officers shall be elected at the first meeting of the calendar year. e. Officers shall hold office for one year. 4. Quorum A quorum shall consist of five (5) members of the Human Services Commission. 'D-y 5. VotinQ When a quorum is present, a simple majority vote shall suffice for all action. 6. Conflict of Interest a. - Any commissioner having a direct or indirect interest in orwho would benefit from any matter shall disclose this ihterest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter at hand. 7. MeetinQs The commission shall meet the third Monday of each month-at 5:30 p.m. Additional meetings may be held upon call of the chairperson, as necessary. - - . 8. Attendance a. A commissioner may be excu~ed from a meeting by providing advance notice to the commission ,chair, vice-chair or secretary. b. . In the event any commissioner has unexcused absences from three or more meetings held during any calendar year, the commission may request that th~ City Council appoint a replacement for that member. 9. Conduct of Meetinqs a. If a hearing is ~eing conducted, motions shall be made, seconded and voted upon. Recommendations shall be forwarded to the City Council. b. If a workshop is being conducted, formal action is not necessary; workshop actions will not be fo'rwarded to the City Council as recommendations of the commission. c. In the event a .quorumJs not present, a minimum of four members must be - present to hold a meeting for discussion purposes only. Voting cannot take place at such a meeting. d. Except as provided by these rules and,procedures, Roberts Rules of Order (as amended) shall govern the conduct of all commission meetings. 10. Aaendas. Staff Reports and Minutes a. A copy of the agenda for all Human Services Commission meetings shall be sent to each commission member prior to the date of the mee~ing. ,1:)-S b. The staff will provide necessary staff reports. They shall be sent to commission members prior to the date of the meeting. c. Minutes of all commission meetings shall be kept and made a part of a permanent record. 11. AmendinQ Bylaws These bylaws may be amended by majority voting at any Human Services Commission meeting when a quorum is in attendance. D-(p COUNCIL MEETING DATE: June 17,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RECOMMENDATIONS ON 2007 AND 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS POLICY QUESTION: Should the 2007 Community Development Block Grant (CDBG) allocation of$107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO) be canceled and funds reallocated per the 2007 CDBG Contingency Plan? Should the unallocated CDBG capital funds in the amount of $58,634 also be allocated per the 2008 CDBG Contingency Plan? COMMITTEE: PRHS&PS MEETING DATE: June 10,2008 CATEGORY: cgj Consent D City Council Business D Ordinance D Resolution o o Public Hearing Other ~T AFF !tEPO_~!_~!:~_~elILQ:Dol!!!~!!, C~~_~~.Q~!~!!!~t<?~_______ DEPT: Community Development Attachments: · Recommendations from May 19,2008, Human Services Commission meeting with staff reports dated May 12, 2008 with attachments and information on three proposals under consideration (original 2008 CDBG Applications for King County Housing Authority and Korean Women's Association available for review in May 19,2008 Human Services Commission agenda packet. · Notice of Project Cancellation & Allocation/Reallocation of CDBG Funds. Options Considered: 1. Cancel and reallocate the 2007 CDBG award for project C06578, in the amount of$107,853 to the Multi- Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, allocate the $58,634 in unallocated 2008 CDBG Capital funds to open CDBG capital projects serving Federal Way per the 2007 and 2008 Contingency Plans. And further to authorize the City Manager, or his designee, to enter into the appropriate agreement(s) for the addition of these funds to existing capital projects. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee for consideration by the full Council at the June 17,2008, meeting. 2. Cancel the 2007 CDBG award for project C06578, in the amount of$107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, designate the $107,853 available as unallocated 2008 CDBG Capital funds to be allocated as part of the 2009 process. The Human Services Commission recommended Option 1 be forwarded to the City Council for consideration with $100,000 allocated to the Korean Women's Association Project and the remaining $66,487 allocated to the ~1~g_9ounty H~~~!!!L~~Eair.J~!~g!~E..1:_~ith f!t..!!~~ de~igEat~<!~_!h~~~~!~~Y_~~E..1:!!l~!!!!Y:_______________________________ STAFF RECOMMENDATION: Cancel and reallocate the 2007 CDBG award for project C06578, in the amount of $107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, allocate the $58,634 in unallocated 2008 CDBG Capital funds to the following open CDBG capital projects serving Federal Way per the 2007 and 2008 Contingency Plans: $100,000 allocated to the Korean Women's Association Project and the remaining $66,487 allocated to the King County Housing Repair Program with funds designated to the Westway community. And further to authorize the City Manager, or his designee, to enter into the appropriate agreement(s) for the addition of these funds to existing capital projects. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee for consideration by the full Council at the June 17,2008, meeting. [-1 CITY MANAGER ApPROVAL: ~ Council DIRECTOR ApPROVAL: Council COMMITTEE RECOMMENDATION: I move approval of option _' Jeanne Burbidge, Chair Jim Ferrell, Member PROPOSED COUNCIL MOTION: HI move approval of option _' " Committee Michael Park, Member (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 - 02/0612006 E-L COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # CRYOF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: May 12, 2008 Human Services Commission A W Kelli O'Donnell, CDBG Coordinatorvr..rr Cancel the 2007 Multi-Service Center Employment Project (C06578) and Reallocate 2007 Capital Funds and Unallocated 2008 CDBG Capital Funds Policy Question: Should the 2007 Community Development Block Grant (CDBG) allocation of $107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO) be canceled and funds reallocated per the 2007 CDBG Contingency Plan? Should the unallocated CDBG capital funds in the amount of $58,634 also be allocated per the 2008 CDBG Contingency Plan? Backaround: The City of Federal Way allocated $107,853 of 2007 CDBG funds to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO) project and an additional $83,005 in 2008 CDBG capital funds. In September of 2006, The Department of Housing and Urban Development (HUD) audited the King County CDBG program and noted a concern regarding the eligibility of this project. The project was placed on hold until the concern could be addressed between HUD and King County. It has been determined that the project is ineligible per CDBG regulations and program rules (Attachment 1). Per the attached excerpts of 2007 Conditions of Funding and Contingency Plan (Attachment 2), the project should be canceled as all projects must comply with CDBG program regulations and the $107,853 may be reallocated to open CDBG projects serving Federal Way residents that have been funded by the City of Federal Way and/or theCDBG/HOME Consortium. The funds allocated to this program from the 2008 CDBG Program were reprogrammed based upon the adopted Conditions of Funding and Contingency Plan (Attachment 3) leaving $58,634 in unallocated 2008 CDBG funds that may also be reallocated to open CDBG projects. If the Commission and Council concur with the cancellation of the project and reallocation/allocation of $166,487 in available 2007 and 2008 CDBG funds to an open CDBG capital project, a public notice will be published and written public comment requested prior to final Council action. Any comments received may be brought back to the Human Services Commission at the June 16 regular meeting for consideration prior to final action at the June 17 City Council meeting. Open CDBG Capital Proiects: As outlined in Attachment 4, the following CDBG Capital projects are open and could utilize the available funding: 1. King County Housing Authority - Kings Court Community Building 2. Korean Women's Association - Acquisition of Senior Housing 3. King County Housing Repair Program - Funds designated to the Westway neighborhood housing rehabilitation by Habitat for Humanity Page 1 of2 S>-l b-5 As demonstrated by the project information in Attachment 4, all. three of the above projects would provide needed funds to a project benefiting low- and moderate-income Federal Way residents. Under the current agreement with King County, Federal Way may designate the available funds to one of the above projects or divide it among the three. Proposed Motion: Cancel the 2007 CDBG award for project C06578, in the amount of $107,853 to the Multi- Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, allocate the $58,634 in unallocated 2008 COBG Capital funds to: an open COSG project serving Federal Way per the 2007 and 2008 Contingency Plans. And further to authorize the City Manager, or his designee, to enter into the appropriate agreement(s) for the addition of this project. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee for consideration by the full Council atthe June 17, 2008, meeting. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. &-y Page 2 of2 $('-2- . Attachment 1 i)iision Development aM HUman Services 19,2008 with theregioruii HJ)D>offi es must ~U:p'ptirt,ari<i be : D sta:llm:ade' . "c..,.....-.,.,., dtb a>A~fine,d, ~t '$~t'Mjces ~:pr~ebf;. ,Fur a [-5 g,-3 Dini Duclos Mar~h 19, 2008. Hage 2 of2 09mmuni'tyEGQlIQmic: creates, 0 IIlQstb~ if nefgb:bor . .tUat adQiess regulations . that theemp per.furtn~c~ '-,:,>'X--i E-lt, ~-;Y t r ! f, l ; 1:' " r ti. ~ !. t It t' r I i I I: r 1: ~ ~ i: 't i I I . 1 ~ ~ i :! Adopted 09/05/06 I Attachment 2 2007 COSG ALLOCATIONS PROCESS Funding Conditions for Capital Projects and Public Service Projects All 2007 COBG Projects 1. All CDBG projects are subject to the federal environmental review requirements of the National Environmental Policy Act (NEPA) as of the date of submittal of application. An environmental review of Federal Way-awarded CDBG projects must be completed by King County before contracts will commence. Costs of the NEPA review will be charged to the CDBG project. 2. ~ All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the King County Consortium Consolidated Housing & Community Development Plan for 2005-2009, as amended. 3. All CDBG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. Federal Way 2007 COBG Capital Projects All 2007 COBG Capital Proiects 1. F~deral Way 2007 CDBG Capital Projects will contract with the King County Department of Community and Human Services unless otherwise notified. 2. Federal Way 2007 CDBG Capital Projects must be completed within 17 months from the beginning of the program year that funds are awarded unless an earlier date is stated below and/or the Joint Recommendation Committee extends the project with input from the City of Federal Way. This policy may be amended by the Joint Recommendation Committee. 3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("URA") and/or Section 1 Q4(d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Amendment") that are triggered by any project must be included in the budget. Relocation requirements must be coordinated and verified with King County Relocation Specialist. 4. Applicant must receive written notification from King County Community Services Division staff verifying that environmental review is complete before any "choice fimiting activities" are taken. King County staff must be notified by the applicant if any changes are made to the scope of the project since the 2007 CDBG application was submitted. 5. CDBG capital awards over $25,000 are structured as a zero interest forgivable loan for a set number of years depending on the amount of CDSG funds received and the type of b-' Page 1 of 5 <j"-b Adopted 09/05/06 CITY OF FEDERAL WAY 2007 CDBG CONTINGENCY PLAN 9" SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects - The City will apply any increase in the amount of COSG capital funds as follows: 1. If additional capital funds are received, funds will be added to 2007 capital projects up to the full request. Projects to be determined based upon determination of sub-regional capital projects and City of Federal Way stand-alone projects in the above priority order. -9 2. If additional capital funds are received, open COSG projects serving Federal Way residents that have been funded by the City of Federal Way and/or the King County CDSG/HOME Consortium will be considered for funding. 3. Should no open projects be identified and/or the Council decides it is not in the best interest of Federal Way residents to add Federal Way COSG funds to the project(s), additional funds will be carried over to the 2008 COSG program year. Public Service Programs - The City will apply any increase in the amount of COSG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated to Orion Rehabilitation Services Program with additional service units required proportionate to funding up to $11,000 total funding; and, .. 2. If any additional public service funds become available after the first contingency is fully funded, the Human Services Commission will reconsider allocation of additional public service funds for recommendation to the City Council with public participation. Planning and Administration - The City will apply any increase in the amount of COSG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's COSG program; and 2. Additional funds not needed for administration of Federal Way's COSG program will be applied toward the costs of additional planning activities consistent with the. King County Consortium Consolidated Housing and Community Oevelopment Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. E'-~ Page 2 of3 Adopted 09/04/07 I "~... .""'i~:;.'- .~'"" ,1t Attachment 3 CITY OF FEDERAL WAY 2008 CDSG CONTINGENCY PLAN 5. Boys & Girls Clubs of King County - Federal Way Boys & Girls Club Classroom Expansion (Alternate Project 3): Funded in the amount of $85,248 contingent upon: · The above capital projects not being feasible and/or being funded as sub-regional projects resulting in only one Federal Way stand-alone capital project that does not trigger Oavis- Bacon being funded; then, · Second Federal Way stand-alone project that does trigger Oavis-Bacon if above met. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects -- The City will apply any increase in the amount of COBG capital funds as follows: 1. If additional capital funds are received, funds will be added to 2008 capital projects up to the full request. Projects to be determined based upon determination of sub-regional capital projects and City of Federal Way stand-alone projects in the above priority order. 2. If additional capital funds are received, open COBG projects serving Federal Way residents ~ that have been funded by the City of Federal Way and/or the King County COSG/HOME --7 Consortium will be considered for funding. 3. Should no open projects be identified and/or the Council decides it is not in the best interest of Federal Way residents to add Federal Way COSG funds to the project(s), additional funds will be carried over to the 2009 COBG program year. Public Service Programs - The City will apply any increase in the amount of COBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated to Orion Rehabilitation Services Program with additional service units required proportionate to funding up to $11,000 total funding; and, 2. If any additional public service funds become available after the first contingency is fully funded, the Human Services Commission will reconsider allocation of additional public service funds for recommendation to the City Council with public participation. Planning and Administration - The City will apply any increase in the amount of COSG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's COSG program; and 2. Additional funds not needed for administration of Federal Way's COBG program will be applied toward the costs of additional planning activities consistent with the King County Consortium Consolidated Housing and Community Oevelopment Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects - The City will decrease the amount of COSG funds allocated for capital projects as follows: 1. Any unallocated capital funds available will be decreased before reductions are made to specific projects. ~'\ Page 2 00 -7 Adopted 09/04/07 project. The property owner must be able and willing to secure the change of use restriction with a promissory note, deed of trust and any other required documents to King County. All security documents related to funded capital project activities must be submitted prior to the execution of a contract between the awarded agency and the County in order to incorporate these documents into the contractual agreement. Failure to execute security documents to the benefit of King County in a timely manner will result in the cancellation of CDSG awards. The following specific condition(s) address concerns that Staff and the Commission discussed as they reviewed the applications. King County Housing Authority - Kings Court Community Building Renovation Project: 'a) King County environmental review costs have been factored into the project cost. Estimated costs will be requested from King County. The City may choose to incr~ase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level if they are higher than budgeted. b) Final estimates for installation of the generator must be approved and the generator must be an integral part of the building (not portabie) to receive CDSG funding. c) Commitment of $140,000 of King County Housing Authority funds must be utilized prior to CDSG funds being utilized. Multi-Service Center - Employee Development Services Project: a) The final award amount may be adjusted based upon the amount of the 2007 COSG award funds remaining that will be applied to the 2008 fund year. b) Service units and units of service may be adjusted based upon the amount of 2008 funding awarded and refinement of the program service and unit costs definitions. c) 2008 awards are contingent upon successful implementation of the Multi-Service Center's ~ 2007 CDSG Contract for the Employee Development Program and progress as of the --1 contract date. d) The Multi-Service Center will continue to insure that participants in the Employee Development Services Project are not receiving duplicative services from other agencies such as the Washington State Employment Security, the Department of Social and Health Services, and/or other programs. Clients eligible for similar employment services through another program will not be included in the project funded by the City of Federal Way. e) Services charged to this program must be offered in Federal Way to Federal Way residents. f) The Multi-Service Center will continue outreach to ensure that the program is offered to Federal Way residents that are currently under-employed to assist residents in progressing. toward a family wage job. E -I'D Page 2 of 5 0_\7 ----..--- I COMMUNITY DEVELOPMENT BLOCK GRANT Attachment 4 - KING COUNTY MANAGED PROJECTS Open Projects. April 2008 Program Total Ending Description Grant Award Balance 2007 FUSION - Acquisition 175,000 35,171 2nd Condo purchase in process; cost reduced due to foreclosure; may not need all of existing allocation Boys & Girls Clubs of KC - Roof Replacement 100,106 100,106 Project Complete as of April 9, 2008 Total 2007 $275,106 $135,277 2008 King County Housing Authority - Kings Court Community Bldg 120,000 120,000 See Attached. Korean Women's Association - Acq&Dev Sr Hsg & Community Facility 157,335 157,335 See Attached. King County Home Repair Program 193,605 193,605 See Attached. Total 2008 $470,940 $470,940 Total Projects Managed by KC $746,046 $606,217 t -\ \ Open Project Review KC Managed Projects w Balance 2008.xls kc managed projects 5/12/2008 10:28 AM <;{-1 f -\ 2- Open Project Review KC Managed Projects w Balance 2008.xls kc managed projects 5/12/2008 10:28 AM 1. King County Housing Authority - Kings Court Community Building E-\~ 9-{O t-'a e From: To: Date: Subject: Attachments: "Steven Fisher" <StevenF@kcha.org> "Kelli ODonnell" <KeIlLODonnell@cityoffederalway.com> 5/8/2008 3:26 PM FW: Kings Court Community Center Addition Project 20146.pdf Kelli, 1 hope this helps you in determining if the extra funding can be utilized by KCHA. Attached is the updated budget for the Kings Court Community Center Addition project. The total Project Cost is increased to $410,681 from the original cost estimate of $240,000. We definitely want to apply for the additional funds from the City of Federal Way to pay for the additional cost for this project. The ongoing budget cuts at the federal level, along with a decrease in public housing units under Hope VI have significantly decreased the amount of capital fund over the past five years. Capital Fund for 2001 was approximately $7M. The projected 2008 Capital Fund amount is approximately $4.7M. The projection for future years (beyond FFY09) reduces the amount to approximately $3.8M per year. There is a proposed 17% FFY09 cut in capital fund. KCHA currently has leveraged a portion of the capital fund and has entered into tax credit agreements to complete major renovation projects that otherwise could not be completed using capital fund grants alone. KCHA has approximately $75M in capital work needed over the next 10 years with an estimated capital grant amount of less than $40M during that period. I have a call into Kathy about the "change of use restrictions" issue. Will let you know. Steve Fisher (206) 333-1737 G" -I~ <? -( ( 21 Cost Estimate: For each cost item, explain the basis for the cost and when the estimate was made. Also identify who made the estimates. Acquisition Purchase Price Liens Closing Costs Extension Payments Other Acquisition Costs Total Acquisition Construction Basic Construction Contract Bond Premium Infrastructure Improvement Hazardous Abatement/Monitoring. Construction Contingency _% Sales Taxes_% Other: Other: Total Construction Development Appraisals ArchitectlEngineer Environmental Assessment Geotechnical Study Boundary & Topographic Survey Legal Developer Fee _% Project Management _ % Technical Assistance Other Consultants: Other. Total Development Other Development Real Estate Tax Total Cost Revised Cost o $210,000 Included 3641700 - Included 210000 3~ 700 (SI/) PI</CO) 20000' 100U f1 ~Z ODO 5500 bODO 26500 ft 38/000 ~ Insurance Relocation Bidding Costs Pennits, Fees & Hookups Impact/Mitigation Fees Marketing/Leasing Expenses Operating Reserves Other: Total Other Development 500 3000 3500 , 7?e / tJ/fIq 6 ~J Total Project Cost 240000 Insert Completed Wor1<sheet in COSG Capital Application in response to Question 21 for all projects. E' -\5 ~ - (2-- 2. Korean Women's Association - Acquisition of Senior Housing F-llo ~- t{ 2- rl:lgc I VI I Kelli ODonnell- KW A CDBG Response From: To: Date: Subject: CC: Attachments: "Shirley Bekins" <shirleyb@commongroundwa.org> "Kelli ODonnell" <Kelli.ODonnell@cityoffederaIway.com> 5/9/2008 2: 15 PM KW A CDBG Response "Lua Pritchart" <Iuaprkwa@nwIink.com> FW CDBG May update budget.xIs; FW CDBG questions 2008.doc; KW A_ OMMITMENTS.pdf Kelli, please find attached three documents to assist you as you allocate additional CDBG funds. Please let me know if I can clarify or provide further information. 1 will be out of the office after 3pm today but you can email me. I will be back in the office on Monday. The project, like almost all construction projects these days, has seen significant increased cost especially for construction. We were actually looking for more funds so your email is very welcome news. Please let us know how it goes. Thanks. Shirley and lua t;::-\l y--Y3 f e c e e g ef c e g e g e Korean Women's Association City of Federal Way CDBG 1. How the additional funds would be used. If City of Federal Way allocated additional funds to this proj ect, it would be used to supplement the existing award of$157,335, and be allocated toward acquisition of the project site. Total residential acquisition costs are $628,408 with approximately $317,335 from FW CDBG and the remaining $311,073 from King County. Also, at the request ofFW, we have simplified the allocation by allocating all FW CDBG funds to the housing portion of the project. Please let us know if this continues to be the preference. 2. An updated budget and project timeline. Please see attached. We've included the following notes to the budget: Budget: The overall budget has increased since the award/application. Currently, the budget is $18,951,168 for the total combined project. The housing project is $18,246,340 and the Community Facility is $704,828. At the time ofFW CDBG application it was $15,704,292 with $15,135,646 for housing and $586,646 for the Community Facility. The cost increase is mainly due to increases in construction cost as we have moved from conceptual design and estimates to actual contractor estimates with input from suppliers and subcontractors. There has been an increase in development and other professional fees due to moving from estimates to actual costs and firmer costs. This includes increases in fees for construction interest, utility hookup fees, and reserves. Sources of Housing Funding: o King County, $1,500,000 committed o State HTF, $2,000,000 pending award by June 20 o HUD 202, $7,855,580, committed, unchanged o LIHTC Tax Credit Equity, $5,600,467 (Tax credit allocation committed through noncompetitive allocation due to award of $11.3 million in tax exempt bonds ~-l~ <;r -tf L( through Washington State Housing Finance Commission; actual equity pricing will only be obtained from bidding project to tax credit investors) o Enterprise, $55,000, will apply in May 2008 o New source: HUD Section 202 Predevelopment Grant. This is a source only available to funded HUD 202 projects. The RFP was announced in February 2008. KW A applied for the maximum amount, $400,000. It is anticipated that we will obtain these funds, as KW A was successful in the past with getting this award. o KW A, $340,730, conunitted from its own developer fee o City ofFW, $177,228, waived permit fees, committed o City ofFW CDBG, $317,335, to demonstrate use of the potential increase we changed the CDBG amount by increasing it by $160,000. IfFW did not award this additional amount, KW A would need to fundraise for these funds. Sources of Community Facility Funding o KW A, $403,348, committed. KW A Developer fee and pending Gates Foundation o King County CDBG, $301,480 apply May 30, 2008 Proiect Timeline The project time1ine is as follows: Acquisition Projects: Environmental Review complete: HUD NEP A environmental review complete as of 10/07; King County currently conducting environmental review Purchase and Sale executed 516/07 - unchanged Appraisal complete 7/15/07 - unchanged Building inspection complete - not applicable Hazardous Material Assessment complete - not applicable Property Acquisition 10115/08 - changed from 9/1/08 to current estimated date of property acquisition and closing E-l, <r - <<..f S- FW CDBG funds disbursed 10/15/08 3. Any additional information on the project that has changed since it was funded by Federal Way. See above budget and timeline for those changes since funded by Federal Way. The following is an update on other project matters since funding: 1. The square footage of the proposed building has become more efficient and is currently 66,630 sf vs. 78,220 sf. The same number of residential units will be built, or 62 units. The Community Facility is now 3,000 sfvs. 2,475 sf in the application. 2. Leverage: As the project has increased in cost, we also have different sources of committed funding, as the development budget describes. 3. Target population: KW A will serve elderly and elderly disabled. However, there is no formal tax-credit or bond set aside to serve disabled seniors. 4. As the budget has increased, so too has unit cost. 5. All other application materials have remained the same. 6. The project architect submitted the project land use application which is pending with the City of Federal Way. The architect will submit the permit application on May 28, 2008. 7. KW A has attached the following commitment letters (Submitted to State Housing. Trust Fund application in March 2008 to substantiate its commitment to the project.) ~-2-U ~-- y, FORM 1 Project Summary PROJECT APPLICANT Organization Name: Korean Women's Association Organization Address: 123 E. 96th Street City and Zip Code: Tacoma, WA 98445-2001 County: Pierce Executive Director: Faaluaina (Lua) Pritchard Email: luaprkwa@nwlink.com Phone: 1(253) 538-8340 Fax: (253) 535-4827 Agency Project Contact Lua Pritchard Email: luaprkwa@nwlink.com Phone: f(253) 538-8340 Fax: (253) 535-4827 Development Consultant Shirley Bekins Email: shirlevb@commonaroundwa. Phone: !(206)461-4500,x123 Fax: 1(206) 461-3871 Unified Business Identifier: 601-057-073 Federal Tax 10 Number: 91-1066806 First Time Applicant? I Yes Ix I No (If yes, see list of required attachments at end of Form 1) ORGANIZATION TYPE (check only one; see Section 202.1 of the Housing Trust Fund Guideline and Procedure Handbook) o o X o o BRIEF NARRATIVE PROJECT DESCRIPTION (Limit response to the space below) The KWA Senior TOO Project is a mixed use, transit oriented development (TOO) project, combining 62-units of low income housing for seniors earning up to 50% of King County median income, with 3,000 sq feet of social service offices for Korean Women's Association Federal Way/South King County. The project will be constructed in one new construction building of 66,630 sf. The project will provide an array of supportive services to assist seniors maintain their independence. The project will be located adjacent to the Sound Transit Federal Way Transit Center, in downtown Federal Way. The $18 million project will be funded by the HUD Section 202 Program, 4% Low income Housing Tax credit equity and tax exempt bond financing, King County, State Housing Trust Fund, City of Federal Way CDBG, King County CDBG, Green Communities and Korean Women's Association. E-~\ FORM 1 Project Summary PROJECT NAME Project Name: KWA Senior TOO Project Project Address: corner of 316th Street and 23rd A venue South City: Federal Way Count King Zip y: code: 98003 Project tax parcel #: 921049299 State Legislative District: 30 Federal Congressional 9 PROJECT INFORMATION For Existing Housing Only (check one) : o Privately Owned o Publicly Owned o Owned by Applicant o Other (please specify) Project Activity Type (check all that apply; see Section 202.2 and Section 202.3 of the Housing Trust Fund Guideline and Procedure Handbook): o Acquisition o Rehabilitation o Rehab or Adaptive Reuse of an Existing Building (not currently res) o Redevelopment x New Construction o HUD/USDA Preservation o Expiring Tax Credit Property x Mixed Use - housing and 3,000 community facility o Other (please specify) E -7-2- FORM 1 Project Summary POPULATION(S) TO BE SERVED General General Senior Farmworkers 1 61 erS below areasubSeto'l ..tope d~sigl1a(f:!Q(()C gp~f$.i~l_ HIV/AIDS Domestic Substance Chronically Multiple special (explain: Physically Youth under 18 Youth 18-24 o o o o o o E -2- ~ FORM 1 Project Summary Frail Veteran Other (please o o o o o o PROPOSED NUMBER OF UNITS/BEDS BY BEDROOM SIZE AND AFFORDABILlTY PRAC 61 61 not restricted/resident NA 1 1 managers unit 0 0 0 Total 61 1 0 0 0 0 62 PERMANENT CAPITAL FUNDING SOURCES AND TOTAL DEVELOPMENT COST WA State Housing Trust Fund (HTF) WA State HTF Set-Aside (specify) WA State COSG Housing King County HFP HUO Section 202 $2,000,000 $0 $0 $1,500,000 $7,855,580 E -- 'V1 FORM 1 Project Summary $160,000 $55,000 $5,600,467 $157,335 $400,000 $5,600,467 $317,335 $55,000 $340,730 $177,228 $18,246,340 HUD Section 202 Demo Predev Grt 4% L1HTC Federal Way CDSG Green Communities Korean Women's Association Federal Wa Total Residential Development $400,000 $2,615,000 $340,730 $177,228 $15,631,340 King County CDSG Korean Women's Association $403,348 $301,480 $403,348 $0 $704,828 Total Non-Residential $301,480 $403,348 ANNUAL OPERATING SUBSIDY SOURCES HUD Section 202 Project Rental Other Other Other Total Annual Operating Subsidy $245,600 $245,600 $0 $0 $0 $245,600 $0 $245,600 *HUD PRAC will provide rental subsidies up to 75% of HUD Operating Cost Standards for this Total rental revenues on Form 12 include Tenant E-2~ l; Cl "tl ::I ID .. c .. c(E ..8- I!. .fa c; ~ .. 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'" ..." !:: .. ~~ '" ;; ~ '" '" M ;; 8 :i '" '" '" ... ... ... .. ~ ~ ~" M .. ;; '" ~ ;0 .. ~a~~a~~~888a~~8 ~ E~!aatr ~~~ "" ~"" .." a a a ~ a,sR8m1:::g ~~ 'r~ .vr :..... 1:: I:: ~I ~ .. i~ . I ;; I I . I . ~ .. E l}ll Qi... ,. s .. J! Q . ...U1 .. OJ 8& - Ji . u: .... J: ~ (/) ! ~ "i : :: . ~ :! Q. tJ.., }.:3. &i . x 8:tf!~ .na:::&I.~. cJ ~ ~ i . ~ .go= -. ,. of 1)15 ~ 0 0 c: u _ .. ~:~-Je.r ~:!:~l~ 88off~ijii~.g.8';~80- c:go:!llss~~E,l;goJi!oliis e'i5E ii....~ &.r!~e"~::J.! ~~l.s8~6:JJ~lJ!j:JClJj ... ... .- '" '" oo ..,. "0 "'0 a~ .. ag 8 a :!::i ~~ ~ "'''' .. '" ... .. ag ~ ~ .. OVl "'I::,' ... ~ oo 00 "'''' '" '" ,.:... ... ... ;;;; gg ....8 .. on ;; ~8 '" 0 0" 0 :!8 ..", .. M 0 :l:;!; "'''' oo ..,. '" - oo .. - .. Gi Cl "tl ::I lD c: .. E a. o Gi ,. .. a OJ 'E .. "tl OJ OJ It: 4: CD E o ... F-~~ Acquisition Costs: Purchase Price Liens Closing. Tftle & Recording Costs Extension payment Other: SUBTOTAL Construction: Basic Construdion Contrad Bond Premium Infrastructure Improvements Hazardous Abate. & Monitoring Construdion Contingency Sales Taxes Other Construdion Costs: Other Construdion Costs: SUBTOTAL Development: Appraisal ArchitectlEngineer Environmental Assessment (Ph 1) Geotechnical Study Boundary & Topographic Survey Legal Developer Fee Projed Management Technical Assistance Other Consultants: Inspections Other: Bidder design Other: Biological Assessment Other: TraffIC Study SUBTOTAL Other Development: Real Estate Tax Insurance Relocation Bidding Costs Permits, Fees & Hookups Impact/Mitigation Fees Development Period Utilities Construdion Loan Fees Construdion Interest Other Loan Fees (Impad Capital. State HTF, etc.) L1HTC Fees Accounting/Audit Markating/Leasing Expenses Carrying Costs at Rent up Operating Reserves Bond Issuance Fees 10.0% SUBTOTAL I Total Non-Residential Cost: Form BB-Non-Residential Development Budget Form 8B Non-Residential Development Budget KWA $27,900 $2,746 $30,646 $0 $269,194 $253,558 $26,919 $23,958 $25,356 $22,567 $320,072 $301,480 $35,930 $450 $209 $450 $4,650 $2,007 $43,696 $0 ....................... /i > ...... i+ <++ '.' . .... + .......... ........... +.. IY'+.' ....:Ji<!.:!4<1. $2,543 .<...... ,.." $1,741 + .......+ , ........ ... +i .......'+ ............... <.'. ...... ,./.>..........+......,)(41:("". $4,650 <m.. $8,934 $0 $704,828 I $403,348 I $301,480 I 1:= - 'L.. \ Residential Development Budget Narrative Acquisition Costs: Purchase Price liens Closing. nle & Recon:ling Costs Extension payment Total Construction Basic Construction Contract Bond Premium Infrastructure Improvements Hazardous Abate. & Monftoring Construction Contingency (10%) Sales Taxes Other Construction Costs: Total Development: Appraisal ArcMectlEngineer Environmental Assessment Geotechnical Study Boundary & Topographic Survey legal Developer Fee Project Management Other: Consultants Inspections Other Consultants: Bidder design Other: market study Other: Biological Assessment Other:TrafflC study other Development: Real Estate Tax Insurance Relocation Bidding Costs Permfts. Fees & Hookups ImpacllMitigation Fees Development Period Utilfties Construction loan Fees Construction Interest Other loan Fees (Impact Capital. State HTF, etc. lIHTC Fees AccountinglAudft Marketinglleasing Expenses Carrying Costs at Rent up Operating Reserves Bond Fees lIHTC Compliance Fee Reserve 95.35% res. A1locationI$48.000 estimated recordin 1$11.054 excise tax 1.18% escalated 3.5% ac cost estimate, 3/5/08 ($11,811.808 less $269.194 Commercial shell costs included in base contract 1011/06 Builders Risk included in construction contract waived permft fees;utility hookups/storm detention fee;8I07 app and inti Place estimate based 6 months 0 ti expensell.lHTC investor required reserve WSHFC estimate, 12/07, with escalation Capitalized sum =$45 per unft. or $2,745 in year 1, growth 4% peryearfonflation 3.5% per year, 15 years Annual compliance fees not eligible HUD expense; capitalized from development budget E-2<6 Form 8e-Residential Development Budget Narrative ~/'tf1 Form 8e Residential Development Budget Narrative b-~'\ Form 8C-Residential Development Budget Narrative 2 ~t.) KWA K.Of4ea1"\ Wome.n's Association. of Washington State A Multi-Culturall M~Iti-Lingual Community Services Agency Quality Services, Excellent Care Since 19'72 March 10, 2008 RE: KW A Senior CitY Cheryl Markham " Community Development Program Chinook Building . 401 5th Avenue, Suite 500 Seattle, WA 98194 Lisa V atske;Managing Director . State of W A Housing Trust 'Fund ..906 ColUmbia Street SW, "4 th "Floor Olympia, W A 98504 Dear Ms. Markham and Ms. Vatske: On behalf of If.-W A, I am writing to commit $403,348 towards development of our proposed KW A Conimunity Facility in Federal Way. These fun4s are committed from KW A's developer fee (totaling $933,072)"from the development ofKW A Senior City, the 10w-incOlne senior"ho1,1SingJ>roject.. These funds will be provided in the event ~t .7 the housing project is fully funded. " KW A wi~ provide $433,500 in annual services, which are currently committed, to Federal Way and South King County residents at this new and much improved Community Facility. " " . P~ease contact me directly at (253)538-8340 for any further information or questions: On behalf of the KWA Board of Directors, I hope that your agencies will join us in developing our new CommUnity Facility in Federal Way. . 'b-3D I ~aln: 123 East 96th St., Tacoma, WA 98445 ,.(253)535-4202, Fax (253) 535-4827 · 1711 S. 312th St. n,"Federal Wa~, WA 98003, (253)94601995., Fax. (253)946-199~ ~ 4306 Pacific Ave. SE, Lacey, WA 98503, (360) 455-4524, Fax (360)455-4525 · 1131 E. Shelton Springs Rd., Shelton, WA 98584. (360) 426:9700, Fax (360) 426-6688 417 N. Pearl St fA, Centralia, WA 98531,(360)736-4310, Fax (360) 736-4319 · 222 N. Lincoln st, Port Angeles, WA 98362, (3GO) 452-2129, Fax {36O} 452-2427 ". 4629168th St. SW, SuIte G, Lynnwood, VIA 98037 (425) 742-6396, Fax (425) 787-9613 ~. . - "'<?~rV' . . " " (.) KWA . . K.ot'e.at\ WoW\e.t\' S Associati~' of Washington State A Multi-Cultural I Multi-Ungual' Community Servic.es Agency Quality Services, ExceHent Care Since 1972 March 10, 2008 RE: KW A Senior ~ity Lisa Vatske Managing DirectOr State of W A Housing Trust Fund" Davis Williams BuilcliIig . 906 Columbia StreetSW, 4th Floor Olympia, W A 98504-2;525 Dear Ms. Vatske: . . On behalf bfKW A, I am writing to commit $340,730 towards development of our proposed residential project, the 62-unitHUD Section 202 senior project in Federal Way. . These fun4s are committed from KWA's developer fee from the project (which tl?tals $933,(72), and will be provided in the event that the project is fully funded. ".~ In addition, .KW A will commit. $269, 1 07 annually in supportive servIces to residents of this housing.project, which is fully committed in current contracts from W A State Dept. otDevelopment Disabilities, W A State DSHS; W A State,Office of Refugee and " Immigrant Assistance, City of Federal Way Human Services, and funding raised by KWA directly. Please'contact me directly at (253)538-8340 for any further information or questions. On behalf of the KW A Board ofPirectors, I hope that your agencies will join us in developing this much-needed supportive housing in Federal Way. . E-~\ . . . Main: 123 East 96th St., Tacoma, WA 98445, (253) 535-4202, Fax (253) 535..4827 · 1711 S. 312111 St. '2,F.ed~ral Way,WA 98003, (253) 9!l6-1~ fax (253) 946-1991 4306 pacific Ave. SE, Lacey, WA 98503. (360) ~4. Fax (360) 455-4525 · 1131 E. Shelton Springs Rd., Shelton, WA 98584. (360) 426-97m!! Fax (360)426-6688 . 417 N. Pl!8r1 St.lIA, Centralla, WA 98531, (360) 736-4310. Fax (360)736-4319 · 222 N.lincoln St., Port Angeles, WA 98362, (360) 452-2129, Fax (360) 452-2427 4629168th St. SW, Suite G, Lynnwood, WA 98037 (425) 742-6396, Fax (425) 787-9613 (',- 4 C{ 3. King County Housing Repair Program - Funds designated to the Westway neighborhood housing rehabilitation by Habitat for Humanity E --::> Z- g~lb ( King County Housing Repair Program - Funds designated to Westway neighborhood housing rehabilitation by Habitat for Humanity The current Joint Agreement with King County designated 25% of Federal Way's annual CDBG entitlement to the King County Housing Repair Program. Per the attached flyer, funds may be used for loans and emergency grants to eligible Federal Way residents for major housing repair. The allocation to the program for 2008 is $193,605. As of the end of the first quarter, $129,665 has been spent. This is a combination of 2007 and 2008 funds. If funded with the available 2007 and 2008 CDBG capital funds, the King County Housing Repair Program has agreed to designate these funds to utilize as part of the Habitat for Humanity rehabilitation project in Westway. Depending on the scope of the repairs needed by household, the available funding would assist between 3 to 10 homes. The King County Housing Repair program has indicated that they have the capacity to add these funds to Federal Way's housing repaIr program. An outline of Habitat for Humanities 21 st Century Housing Challenge Initiative is also attached. Additional information on Habitat's efforts in Westway may be distributed at the Commission meeting. E-3~ f-{07- t I:.~ .i.aI m c 52 III CD U ~ CD U) C l'G E ::I :I: "'CI C l'G ~ C ::I E E o o .... o - c CD E 1:: l'G Q. CD o ~ C ::J o o E tnQ)E .5 E tn :lI::OO ...:1:0::11) ~ wcen "'Eoo OClS:;::;~ ~ ~~~ OO~N ~O::SCD c"'Oo oiii:E~ i i~.. Ea::== ... tn:5! ~ J:!cC/l c - C/l Q) ,_ C/l Q) C/l ...::JuClS oou.!! 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Description of the proposed pilot project Habitat for Humanity of Seattle/South King County is launching a bold new initiative that will end substandard housing in the Westway community of Federal Way by the year 2009. Founded in 1986, the local Seattle/South King County affiliate has successfully built 104 homes (including two new homes in the Westway community) in partnership with low-income families (25-50% AMI) through zero- interest mortgages, sweat equity contributions and volunteer construction crews. This new initiative addresses the need to repair existing housing stock to keep low-income homeowners in safe, decent, affordable housing. As part of a broader community coalition, Habitat for Humanity will complete major rehab work on 6 homes, major repair work on 6 homes, and minor repairs on 24 homes in the next three years (see attached proposed -:::Y 2006 budgets for each). We will provide homeowner education on basic construction skills, home maintenance skills, community resources and energy conservation. Homeowners will be required to work in partnership with community volunteers in completing the repair work on each of the homes. Families will be required to complete an application, interview and home assessment conducted by our volunteer family resources team and families must live in the targeted Westway neighborhood. Priority will be given to families earning 25-50% of median income, disabled families, seniors and single parents. Families earning 80% and below of AMI with extenuating circumstances will also be considered for the program (i.e.size of family, medical expenses etc.). Able-bodied homeowners must be willing to work side by side with volunteers and be cooperative and onsite while volunteers are working on their home. Homeowners must also be willing to attend required training in home maintenance skills and energy conservation. Families will be required to sign a letter of agreement that will contain an' escape clause in the event that serious unforeseen problems are found in the process of working on the home. In that case, the home will be reevaluated and may be returned to its original condition until additional resources are secured. Habitat for Humanity, working in partnership with the Build the Bridge coalition, will document all work done in the community and we will formally evaluate the success of the pilot project. The ultimate measure of success will be that all housing units in Westwaywill be safe and in good repair. Best practices will be developed and shared as we expand the program to other communities. In the event that we complete our work in Westway and serve less than 36 families in the Westway community, we will move to the next targeted low- income neighborhood in Federal Way, following the police department "weed and seed" program. g-/o 7 E-5<6 II. Need The Westway community in Federal Way is a neighborhood that historically has had a very high crime rate, drug traffic, low education outcomes, poor housing with absentee landlord issues and significant poverty among its residents. Most of the housing units in the Westway community were built in the early 60s-70s as part of a HUD affordable housing project. Based on initial research and aSsessment, 136 housing units in the neighborhood were found in need of varying degrees of repair. There are 3 units of transitional housing owned by the Multiservice Center. These will become homeownership opportunities when they are sold in 2 years. As a result of the initial work done by the Build the Bridge coalition, Habitat for Hwnanity completed 2 new homes in place of a duplex that burned to the ground, and the City of Federal Way forced an absentee, criminal landlord to sell 12 units that have been renovated by a private developer and are currently on the market. A few years ago Homesight restored 6 units that are still in good repair and 33 of the units are rental properties. The coalition is currently exploring grant opportunities for landlords if needed. As a result, there are now approximately 80 homes owned by low-income homeowners in need of repair. Many of the families are unable to afford repair work on their homes and they are struggling to pay the homeowner association dues. The homeowner association is controlled by a select few and does not represent the majority of the homeowners. According to the 2000 U.S. Census, the median family income within Census Block Group 2 and 4 was $42,020 and $38,250 respectively. This is significantly lower than Federal Way's median family income of$55,833. In addition, the 2000 Census reports that in Block Group 2 and 4 are 2,752 residents living in the Westway neighborhood. It is estimated that 507 residents are living in poverty and approximately half (256) are children. III. Partners The Build the Bridge Coalition (BTBC) is a volunteer-driven group that is comprised ofWestway residents and community-based organizations that have been working together since 2002 to build a healthier community in Westway and remove socio- and economic barriers so that children and youth can improve their academic potential and empower them to become future leaders in their community. In addition to Habitat for Hwnanity some of the community-based partnerships include, and are not limited to, the Multi-Service Center, Federal Way School District, the City of Federal Way (mayor, city council members, CDBG coordinator, human services coordinator, city attorney, Diversity commission, code compliance officer, Federal Way Police Department), St. Francis Hospital, Weyerhaeuser, Capital One (prior to relocation), the Public Health Department of Seattle-King County, Federal Way Youth & Family Services, Christian Faith Center, Decatur High School, Olympic View Elementary, Boys and Girls Club, the YMCA, Federal Way Rotary, Federal Way Kiwanis, St. Lukes Lutheran Church, Lifeway Church, New Heart Church, and AmeriCorp mentoring and afterschool program. As a result of the 21st Century Challenge initiative collaborative efforts, King County Major Repair Program, King County Community Development, HUD (section 8 auditor), Homesight, Mercy Housing, Rebuilding Together, Fannie Mae and State Representative Mark Miloscia have all expressed interest in the initiative and determining what resources they will be able to commit to the pilot project to complete the units that Habitat for Humanity is not doing. These organizations and public institutions have been established in the Federal Way community for a nwnber of years and have a long-standing commitment to children, youth and families. b-5\ cr-tOi 2 To date the Build the Bridge coalition has produced the following outcomes: ? Federal Way Police Department conducted a ''weed and seed" program in the Westway community and the crime rate has been significantly reduced. ? A neighborhood watch program has been organized. ? AmeriCorp members are providing mentoring and after school programs for K -6 children in the Westway community building. ? A dental program was started at the neighborhood elementary school and 14 of the Westway children were treated for urgent and severe dental problems. ~ The City of Federal Way diversity commission will partner with Habitat for Humanity in providing a community service day on January 14th in honor of the MLK holiday. ? Weyerhaeuser Company and the Multi-Service Center donated a total of 8 computers for use in the after-school study program at the Westway community building. )r- Catholic Health Initiatives provided a $28,000 grant to the Build the Bridge coalition for outreach ? The City of Federal Way installed 22 streetlights as a resul! of a BTBC CDBG grant of $168,000 and $44,000 provided by the city. ~ Habitat for Humanity has built 2 new homes (appraised at $240,000 each) in place of a duplex that was burned to the ground. ? A private developer has renovated 12 units that were in serious disrepair and they are being sold on the open market as townhomes. ? United Way of King County awarded a $10,000 strategic planning grant for the Build the Bridge Coalition. St. Francis Hospital provided $5,000. The complete BTBC strategic plan will be available in December. The 2151 Century Challenge Initiative pilot project is the first of its kind that clearly identifies the housing need, brings together the resources, and sets a date for ending substandard housing in a community. The initiative is designed to be sustainable after the pilot project is complete. Homeowners will have developed new skills, developed a sense of community as they have worked together on their homes and there will be an increased awareness of community resources. The community moves from being a pocket of low-income families in a crime-ridden neighborhood, to a mixed income community where everyone is living in a safe, decent home. Funding from the Gates Foundation will allow us to continue to meet the basic housing needs identified by Westway residents and will serve as a unique model to replicate in other Seattle/South King County communities. of-rOr E-Yu 3 Through the 21st Century Housing Challenge, Habitat for Humanity challenges communities to eliminate substandard housing in their area, and to set a realistic date to meet the challenge. By accepting this challenge, communities will take a collaborative approach to reach out to neighborhood residents, form or become an active member in a community coalition, develop a measurable plan, then build, renovate and repair homes to eliminate.substandard housing in their community. Habitat for Humanity will become the facilitator of this coalition that is comprised of other housing agencies, neighborhoods, churches, governmental entities, social service agencies, and civic groups, to name a few. What will emerge is a collaborative movement that will come up with creative solutions, resources, commitment and energy. By working together, more people will be reached, limited resources will be more effectively used, duplication of effort will be reduced, and positive solutions will be implemented to address very complex issues. The Habitat for Humanity 21 st Century Housing Challenge Initiative is the first of its kind in our region that clearly identifies the housing need in a community, brings together the resources, and sets a date for ending substandard housing in that community. Homeowners will work.in partnership with Habitat volunteers and other community agencies to complete much needed home repairs. They will have developed new skills, developed a sense of community as they work together on their homes and the homes of their neighbors. There will be an increased awareness of community resources as the community moves from being a pocket of low-income families in a crime-ridden neighborhood, to a mixed income community where everyone is living in a safe, decent home. Our first 2 I st Century Housing Challenge communitY is the Westway neighborhood in Federal Way. This will serve as a unique model to replicate in other Seattle/South King County communities. [-Y\ ~.-llO 1 ~ CITY OF' _7 Federal Way Notice of Project Cancellation & Reallocation/Allocation of Community Development Block Grant (CDBG) Funds PUBLIC NOTICE IS HEREBY GIVEN that the City of Federal Way is proposing to cancer Project No. C07578, Multi-Service Center Employee Development Services by a Community Based Development Organization, that was awarded $107,853 in 2007 Community Development Block Grant (CDBG) Funds. This project has been determined to not be an eligible activity by the Department of Housing and Urban Development. NOTICE OF REALLOCATION: The City of Federal Way is proposing to reallocate the $107,853 from the above cancelled project per the 2007 Contingency Plan and an additional $58,634 in unallocated 2008 CDBG funds to the following projects: $100,000 to Korean Women's Association for the acquisition of land to build 61 rent-subsidized senior apartments and a 2,475 sq ft social service facility at the Federal Way Transit Center located at 31621 23rd Ave S, Federal Way. $66,487 to King County Department of Community and Human Services, Housing Repair Program, to provide the following housing repair services for residents of Federal Way: a) interest free deferred payment loans up to $25,000 to low- and moderate-income homeowners (up to 80% of median income); b) matching funds program provides up to $25,000 as a deferred payment loan as a match to low- and moderate-income homeowner (up to 80% of median income) funding from a local lender or private funds; c) grants up to $3,000 for emergency repairs to low-income homeowners (up to 50% of median income); and d) grants up to $5,000 for emergency repairs to mobile homes owned by low-income persons. Program eligibility requirements are included in King County Code chapter 24.16. Funds are to be designated to the Habitat for Humanity 21 st Century Housing Challenge project in the Westway neighborhood located in the vicinity of SW 334th St and west of 21st Ave SW. Detailed information about the proposed project cancellation and reallocation is available for review during regular business hours at the Department of Community Development-Human Services Division (33325 8th Ave S, Federal Way). The public is invited to comment on this proposed change by submitting written comments to: City of Federal Way, Attn: Kelli O'Donnell, P.O. Box 9718, Federal Way, WA 98063-9718. Written comments will be accepted until 5:00 p.m. on Monday, June 9,2008. For further information regarding Federal Way's CDBG program, please contact Kelli O'Donnell, CDBG Coordinator, at (253) 835-2653. For TOO relay service call1-80Q-833-6388/TOO or 1-800-833-6384/voice. This notice is available in alternate formats for individuals with disabilities upon request. To be published in the Federal Way Mirror on May 24,2008. [-YL