PRHSPSC PKT 10-13-2015MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: September 8, 2015
B. Federal Way Day Shelter Coalition Pilot Project
C. Amendment to the Housing Repair Program Policies
Washington Traffic Safety Commission (WTSC) Target
D. Zero Team (TZT) Interagency Funding Agreement
2015 -2016.
E. Adelaide Park Playground Equipment Replacement
F. Increase the Compensation of the Henderson Partners
Contract for Town Square Park Improvements
G. Amendment to FWRC 6.40.030 Relating to Forgery,
Non - Felony
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
6. NEXT MEETING: November 10, 2015
7. ADJOURNMENT
Presenter Page
3
B. Wilson 5
Action
or Info
Action
Info
M. Morales 51 Action
A. Hwang 85 Action
J. Gerwen 109 Action
S. Ikerd Action
111
R. Call 113 Action
Council
Date
N/A
City Council
Business
10/20/15
Consent
10/20/15
Consent
10/20/2015
Consent
10/20/15
City Council
Business
10/20/15
Ordinance
First
Reading
10/20/15
Committee Members City Staff
Susan Honda, Chair John Hutton, Parks Director
Dini Duc %s Marylaenicke, Administrative Assistant 11
Martin Moore
K: \PRHSPS Committee \2015 \10132015 prhsps agenda.doc
City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
October 13, 2015 City Hall
5:00 p.m. H lebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: September 8, 2015
B. Federal Way Day Shelter Coalition Pilot Project
C. Amendment to the Housing Repair Program Policies
Washington Traffic Safety Commission (WTSC) Target
D. Zero Team (TZT) Interagency Funding Agreement
2015 -2016.
E. Adelaide Park Playground Equipment Replacement
F. Increase the Compensation of the Henderson Partners
Contract for Town Square Park Improvements
G. Amendment to FWRC 6.40.030 Relating to Forgery,
Non - Felony
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
6. NEXT MEETING: November 10, 2015
7. ADJOURNMENT
Presenter Page
3
B. Wilson 5
Action
or Info
Action
Info
M. Morales 51 Action
A. Hwang 85 Action
J. Gerwen 109 Action
S. Ikerd Action
111
R. Call 113 Action
Council
Date
N/A
City Council
Business
10/20/15
Consent
10/20/15
Consent
10/20/2015
Consent
10/20/15
City Council
Business
10/20/15
Ordinance
First
Reading
10/20/15
Committee Members City Staff
Susan Honda, Chair John Hutton, Parks Director
Dini Duc %s Marylaenicke, Administrative Assistant 11
Martin Moore
K: \PRHSPS Committee \2015 \10132015 prhsps agenda.doc
This Page Left Blank Intentionally
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday September 8, 2015
5:00 p.m.
SUMMARY
Committee Members in Attendance: Chair Honda, Committee members Duclos and Moore
Council Members in Attendance: Deputy Mayor Burbidge
Staff Members in Attendance: Chief of Staff Brian Wilson, Police Chief Andy Hwang, John Hutton,
Parks Director, Ryan Call, Assistant City Attorney, and Mary Jaenicke, Administrative Asst. Il.
Chair Honda called the meeting to order at 5:00p.m.
Public Comment: None
Commission Comment: None
Committee member Duclos moved to add Adelaide Park Play Structure as item A to the agenda.
Committee member Moore seconded. Motion passed.
BUSINESS ITEMS
Adelaide Park Play Structure
Mr. Hutton reported that Adelaide Park play structure has gone through the Parks and Recreation
Commission, and they have chosen a play structure and swing set. The structure will fit in the foot print
of the previous play structure. We have KCDA pricing, and have notified them to be placed on their
installation schedule. The installation will occur between November and February. The total cost for the
project is $110,913.80. This includes the play structure, installation swing set and wood chips. This is
below our budgeted price. This structure should last 15 -20 years. Committee member Moore asked if the
play structure was wheel chair accessible. Mr. Hutton stated that there is a ramp that wheelchairs can
use. Mr. Hutton added that all of our playground equipment that we purchase is ADA compliant. Mr.
Moore asked how the conversation went with the commission regarding Chair Honda's request for the
play structure that was accessible for everyone. Mr. Hutton answered that the commission chose other
design elements for this park. Chair Honda asked if a swing for a child that is disabled could be added to
the swing set. Mr. Hutton answered that the swings on a swing set have to be identical. You cannot have
two different styles. Committee member Moore would like there to be a swing set that is accessible for
kids with disabilities, and would like to know how much more that would cost. Mr. Hutton answered
that staff would look into it.
Approval of Minutes
Committee member Duclos moved to approve the July minutes as written. Committee member
Moore seconded. Chair Honda abstained. Motion passed.
DEA — State and Local HDTA Task Force Agreement — Information Only
Chief Hwang reported that the Department has a Detective assigned to the DEA Task Force, and they
would like to continue with this. The city pays for his salary and benefits, and the DEA pays for the
reimbursement of his vehicle and overtime. The agreement is effective October 1, 2015 through
September 30, 2016. The total amount of the reimbursement is $17,548.00.
KC RSO Cost Reimbursement Agreement
Chief Hwang reported that each year the state provides funding for checking on registered sex offenders.
There are three levels of sex offenders. Level 1 offenders are checked every twelve months, level 2
offenders are checked every six months, and level 3 offenders are checked once every three months. The
K:\PRHSPS Committee\2015 \09082015 Mins.doc
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, September 8, 2015 Summary
Page 2
majority of registered sex offenders in Federal Way are level one. The maximum amount of the grant is
$37,554.65. Committee member Duclos moved to forward the RSO Overtime Cost Reimbursement
Agreement between the Federal Way Police Department and the King County Sheriffs Office to
the September 15, 2015 Council agenda for approval. Committee member Moore seconded. Motion
passed.
Agreement with Public Health Seattle/King County to Provide Distracted Driving Enforcement
Funding
Chief Hwang stated that the department has been partnering with the Washington State Traffic Safety
Commission for many years for distracted driving and DUI enforcement. The Public Health of Seattle
King County also partners with them. The Public Health of Seattle King County received funding from
WTSC, and they would like to give the department $4,000 to go towards the Distracted Driving
Campaign. Chief Hwang stated that it's a continuous work in progress. Fatalities are on the rise due to
the introduction of the Smart Phone. The emphasis patrols are making a difference and they are
continuing to educate people. More tickets are being written this year, than last year. Committee
member Duclos moved to forward the Public Health Agreement for distracted Driving
Enforcement to the September 15, 2015 City Council Consent Agenda. Committee member Moore
seconded. Motion passed.
Purchase Replacement Vehicle for Special Investigation Unit Using State Seizure Funds.
Chief Hwang stated that they are requesting to replace an undercover vehicle using State Seizure funds.
The current vehicle is a 14 year old minivan, and the maintenance costs are increasing. They've wanted
to replace this vehicle for quite some time, but haven't always had the seizure funds to do this. The
account is up to $43,000, and they are asking to spend just a little bit over $23,000.00. There are a total
of nine seizure vehicles within the agency. This vehicle will be used for surveillance. The vehicle being
replaced will be sold at an auction. Committee member Duclos moved to forward the Replacement
Vehicle Request to the September 15, 2015 City Council Consent Agenda. Committee member
Moore seconded. Motion passed.
Amendment to FWRC 6.35.030 Relating to Pedestrian Interference
Mr. Call reported that a citizen reviewed the city's code and asked the City to consider increasing the
distance from ATM's from 15 feet to 25 feet. Mr. Call looked at 20 jurisdictions, and the majority did
not have an ordinance for this. Of the four that did, one city requires that you catch someone using the
ATM and being solicited at the same time. The others had 15 — 25 feet. They chose to do the largest
buffer that another jurisdiction is using. The significance of the size of the buffer is that you can't
criminalize just the act by itself, the idea is that the closer someone is to the ATM; there is an intent to
intimidate someone that is using the ATM. That intent would have to be proven. Duclos asked if there
are signs telling people? Mr. Call answered no; for the most part these are on private property. To prove
the crime there would need to be a victim. It will be one of the more difficult ones to prove. The
constitutionality of this has not been tested. Committee member Duclos moved to forward the
proposed ordinance for First Reading on September 15, 2015. Committee member Moore
seconded. Motion passed.
NEXT MEETING:
October 13, 2015
ADJOURNMENT
Meeting adjourned at 5:34p.m.
COUNCIL MEETING DATE: October 20, 2015
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FEDERAL WAY DAY SHELTER COALITION PILOT PROJECT
POLICY QUESTION: N/A
ITEM #:
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: October 13,
2015
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Brian Wilson, Chief of Staff DEPT: Mayor's Office
Attachments: Proposed Business Plan for Federal Way Day Shelter Pilot Project
The Federal Way Day Shelter Coalition is requesting funding to initiate a pilot project for day shelter services for
Federal Way's homeless population. This would be an interim solution, pending continuing efforts to establish a
permanent day shelter facility. This pilot project offers the opportunity to complement services already in place,
and an evaluation of a wrap- around service model to reduce homelessness.
The Coalition is requesting one -time funding from the City in the amount of $50,000 in 2015 and $50,000 in
2016.
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: 7 S 1 DIRECTOR APPROVAL:
o ee Co cil r InitiallDate
Initia ate initiaiiDate
CHIEF OF STAFF: Q
Committee Council
Initiat'Date InitiaUDate
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
in reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 1/20 -15
RESOLUTION #
5
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6
r
Federal Way Day Shelter Pilot Project final Draft August 14,201S
Business Plan Subject to Minor ReAdorls
Business Plan
For the
FEDERAL WAY DAY SHELTER PILOT PROJECT
Prepared by Martin Petrich, a Community Volunteer,
For the Day Shelter Coal'ftion
7
Federal Way Day Shelter Pilot Project
Business Plan
Table of Contents
Executive Summary
Background
Services
Usage
Facilities
Management
Marketing
Financial Projections
Fundraising Options
Appendices
Appendix A
Building Diagram
Appendix B
Improvements and Equipment Requirements
Appendix C
Reach Out Statistics
Appendix D
FW Caregiving Network Statistics
Appendix E
One Night Count Statistics
Appendix F
Personnel Expenses
Appendix G
Operating Expenses
8
Final Draft August 14, 2015
Subject to Minor Revisions
Page 3
Page 6
Page 8
Page 11
Page 13
Page 17
Page 18
Page 20
Page 24
Page 25
Page 26
Page 29
Page 30
Page 31
Page 40
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Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Executive Summary
In response to concerns related to the homeless population in Federal Way, a partnership
developed that consists of the Federal Way City government, the faith communities of Federal
Way, service clubs of Federal Way and non - profit organizations serving the homeless
population. S/
The combined resources and commitmenAhis partnership has led us to a solution that is
affordable, workable, and can be implemented in the near term.
Federal Way lacks adequate services for homeless adults, especially during the day. Basic
needs such as cleanliness go unmet because shower and laundry facilities are not available on a
consistent basis. In conjunction with the City of Federal Way and Catholic Community Services
(CCS), a Day Shelter Coalition proposes a day shelter pilot project to help meet the daytime
needs of homeless adults and serve as a resource hub for them in Federal Way.
Services Provided
• Bathrooms and shower.
• Washers and dryers.
• A basic kitchen to warm food and prepare simple meals, prepared by volunteers.
• Computer(s) to fill out job applications and access other services.
• Mailbox to receive U.S. Mail.
• Telephone(s).
• Referral services for mental health treatment, substance abuse treatment, medical care,
job training, housing, veteran services, and other social services.
• A warm, safe place for individuals to rest.
People Served
The day shelter mostly will serve homeless men, but homeless women may also be served.
Other low- income individuals may also be served. The number served is expected to range
from 50 to 80 per week.
Operation and Staffing
The shelter will be operated and staffed by Catholic Community Services (CCS) and volunteers,
with additional staff support from Valley Cities Counseling and Consultation and HealthPoint
Community Health Centers.
9
Federal Way Day Shelter Pilot Project
Business Plan
Final Draft August 14, 2015
Subject to Minor Revisions
Location
The shelter will be located in a 1,800 sq. ft. leased space near the intersection of 336th Street
and 13th Place South near the Multi Service. Center and other service providers.
Hours of Operation
Monday — Friday, from 10:00 a.m. to 3:00 p.m.
Timeline
The pilot project will last for two years.
Below are some important dates based on using CBDG funds.
• September 1, 2015: Apply for CDBG funds for improvements.
• November 15, 2015: Building is available.
• December 1, 2015: Lease is signed; receive CDBG funding approval.
• December 1, 2015 — March 15, 2016: Permitting process begins, RFaS sent /received, and
improvements to building begin.
• April 1, 2016: Year 1 of operation begins.
• April 1, 2017: Year2 of operations begins.
Note: Operations could likely begin February 1, 2016 without applying for CDBG funds. See
Facilities section, Table 1.
Expected Outcomes
For Individuals
• Increased physical health.
• Increased mental health.
• Decreased legal problems.
• Increased employment.
• Shorter time spent homeless.
For the Federal Way Community
• More attractive business atmosphere in City of Federal Way downtown area.
• Less use of public libraries and other public facilities by homeless individuals.
• Less inappropriate use of retail business restrooms by homeless individuals.
10
Federal Way Day Shelter Pilot Project - Final Draft August 14, ZM5
Business Plan Subject to Minor Revisions
• Fewer police interactions with homeless individuals, freeing police to focus on
other priorities.
• Less use of City Court and SCORE Jail by homeless individuals, reducing City
costs.
• Less use of South King County Fire & Rescue Services by homeless individuals.
• Less use of emergency .room services at St. Francis hospital by homeless
individuals.
• tower costs to school district for transportation of students under McKinney -
Vento Homeless Education Act. (Although the day shelter will not serve
homeless children, we know that families often split up when they become
homeless in order to receive shelter. Helping adult men and women achieve
housing stability will likely reduce the number of homeless children served under
McKinney - Vento as well.)
Evaluation
1. The pilot program will be evaluated regularly against its expected outcomes.
2. Lessons learned from the pilot program will be incorporated into planning for a more
permanent day shelter
Submitted by the Federal Way Day Shelter Coalition and Catholic Community Services.
Q613"Rev. James Kubal- Komoto, Co -Chair '
Si re Date
Signature 1b6te
.' Signtrtu a Date
.Lynn Ormsby, Co-Chair
*VW
� J,
Jackie Blair, Member
,f Bill Hallerman, CCS
Signature Date
11
tti"
Federal Way Day Shelter Pilot Project
Business Plan
Background
The Problem
Final Draft August 14, 2015
Subject to Minor Revisions
Federal Way has a. significant population of homeless persons. According to the City's
Consolidated Plan 2015 -2019, the `one -night count' in January 2413 found 2,736 people
homeless in King County, of whom 118 were unsheltered people in Federal Way. [Although we
can't identify the total of homeless persons, these are the generally accepted figures that
demonstrate the problem as acknowledged by most people in the Federal Way community.]
These figures underestimate the actual number of homeless persons because of the difficulty of
locating all the homeless, and more individuals and families are homeless at times during the
year than can be captured on a single night. [See Appendix E.] Emergency and transitional
housing, along with services to intervene and protect homelessness, are inadequate. Systems
of cooperating agencies and volunteers are unable to meet the overwhelming number of calls
for assistance."
Further, the Consolidated Plan says "The City is studying needs for a day shelter to serve the
homeless, potentially to be co- located with other supportive services such as mental health,
and case management. The City may use CDBG capital funds for public facility improvements
and infrastructure updates. This would be on a case -by -case basis."
Federal Way does not have adequate services for homeless men and women, especially during
the day. Basic needs such as cleanliness go unmet because showers and laundry facilities are
not available on a predictable, consistent basis. There aren't any places available to get out of
the weather during the day, much less at night. Seeking warmth and quiet, the homeless often
use such facilities such as the library, shopping malls and local hospitals. In addition, there isn't
a place to get mail, use a computer for job searches, or access a source of local resources for
food, shelter, clothing, counseling, etc.
With the guidance of Sound Alliance, St. Vincent de Paul Church in Federal Way held a forum
for its parishioners to express their concerns in the Federal Way community. A major concern
identified at the forum was homeless men and the need for a day shelter for homeless men. in
the year following the forum, St. Vincent's, in collaboration with local churches, non - profit
service organizations and local elected officials, has been researching costs, zoning, staffing and
other requirements. On Veterans Day of this year, St. Vincent's and Sound Alliance sponsored a
public gathering at the church, where 275 citizens demonstrated their support for a day shelter.
Mayor Jim Ferrell attended this event and acknowledged there was a need for some sort of
shelter. Mayor Ferrell agreed to work with Sound Alliance to identify capital funding,
operational funding, and a location for the shelter.
12
Federal Way Day Shelter Pilot Project Final Draft August 14,201S
Business Plan Subject to Minor Revisions
Community Action
Following the large gathering on Veterans Day, a point group from the local churches, known as
the Day Shelter Coalition, was formed. This group has been active in organizing the start of a
Day Shelter. They have communicated with non - profit service organizations such as Valley
Cities, Catholic Community Services, HealthPoint, Seattle -King County Public Health, Federal
Way School District, St. Francis Hospital, the SCORE jail, South King County Fire Department and
the City of federal Way.
To meet the needs of homeless single adults in Federal Way, the Day Shelter Coalition envisions
eventually creating a permanent day shelter that will serve the needs of these individuals and
will also include comprehensive wrap - around services. However, a permanent shelter is likely
to be at least two years away. In the meantime, the pilot project described in the following
pages would begin to meet the needs of Federal Way's homeless population as well as provide
insight into how best to serve the needs of the homeless community in all of South King County.
13
Federal Way Day Shelter Pilot Project Final Draft august 14, 2015
Business Plan Subject to Minor Revisions
Services
overview
The goal is to provide an interim shelter, including shower, laundry, a Post Office Box,
computers and basic eating facilities, so homeless men and women in FW have a place to clean
up, receive mail, obtain some counseling and socialize. Initially the shelter will be open four to
five hours per day, five days per week. The shelter will help make a positive impact on the
Federal Way community, in short term relief, long -term assistance and empowerment.
Project Wan provided by Catholic Community Services
Hours of operation: Monday - Friday, 10:00 a.m. to 3:00 p.m.
Estimated number of average dally visits: 50 - 75
Estimated annual program cost: $157,364.
Executive Summary:
In conjunction with the City of Federal Way and other stakeholders, Catholic Community
Services (CCS) has identified the need for a day shelter to serve as a resource hub for
homeless adults in the Federal Way area. The Federal Way Day Shelter (the Shelter) will
provide the opportunity to meet basic human needs and engage people who would
otherwise be on the streets during the day. Guests will have access to a meal and a place to
get out of the elements. CCS staff, in partnership with onsite and referral service providers,
will connect guests to resources that can improve their physical and mental health and
assist with regaining stable housing. Staff will work with area service providers, local police,
faith communities and medical providers to raise awareness of the Shelter as a valuable
daytime resource for homeless adults.
Response to Community Need:
The One Night Count conducted in January 2015 recorded 105 unsheltered individuals in
Federal Way on a night when the Reach Out shelters for men and women served
approximately 35 individuals. Currently, no dedicated place for the homeless to go during
the day exists. The need for day shelter services has been identified in the Ten Year Plan to
End Homelessness, and it is called out specifically in the South King County Response to
Homelessness. Section 5b refers to the need for creating day shelter and hygiene services in
South King County.
Catholic Community Services recognizes that although some homeless adults may be
14
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
sheltered overnight, many of the sheltered and unsheltered homeless do not have a safe
location to spend the day, which can leave them feeling alienated from the community. This
sense of disconnection can inhibit their efforts to make progress on overcoming
homelessness. The Shelter would provide a place to engage with homeless community
members while offering support toward the goal of regaining housing stability.
It is anticipated that the majority of individuals accessing the shelter will be men. Services
will be offered to both men and women because people are often reluctant to access
services if their partner is excluded. The intention is to create a low- barrier Shelter that
encourages individuals who may not have previously accessed services to come inside.
Guests will include medically at -risk individuals; those struggling with mental illness and/or
chemical dependency; and offenders released from the Washington State Department of
Corrections. Other guests may lack marketable skills, which diminishes their potential for
employment, and therefore stable housing.
Program Components:
The Shelter will be open to all homeless adults, and guests will be able to access the facility
as needed. One CCS staff member will be on site during the hours of operation. The core
components are:
• A welcoming community with low- barrier access to services.
• The ability to meet hygiene and nutrition needs.
• Access to onsite services providers.
• Referrals to offsite services providers that can help community members regain
housing stability.
CCS's experience with operating the Lazarus Day Shelter and Women's Wellness Shelter in
Seattle provides a solid basis for establishing efficient and fair facility rules. Guests will be
expected to show respect for others, not engage in fights or violence, not congregate in
front of the Shelter, maintain a minimum standard of cleanliness, and not consume or
possess alcohol or illegal drugs on'the premises.
The ADA- compliant facility will provide essentials such as a washer and dryer, shower, and
restrooms. Guests will be able to receive mail and will have access to computers and a
telephone. A limited supply of bus tickets will be available. The facility will also have a
kitchen that includes a refrigerator, microwave and oven. A large majority of the food will
be donated, and a mid -day meal will be made available to all guests., In addition, there may
be opportunities for community groups to use the space for activities involving client
groups. An example would be recovery meetings held by a community service provider after
the Shelter has closed for the day.
15
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan
Provider and Referral Partnerships:
Subject to Minor Revisions
CCS's long involvement in the response to homelessness in South King County has resulted
in a network of strong relationships that will make the Shelter a resource -rich environment.
Providers anticipated to have a regular presence at the Shelter include Valley Cities
Counseling Center, Sound Mental Health, the King County Mobile Medical and Dental Van
and Health Point. These partnerships will help guests meet their individual physical and
mental health care needs.
For immediate shelter, staff will be able to refer guests to the CCS Reach Out men's, Reach
Out women's, and Women's HOME cold weather shelters during their months of operation,
as well as to the year -round CCS HOME and ARISE men's shelters in Kent and Renton. CCS
also operates severe weather shelters in South Icing County. Veterans will be referred to
CCS's Supportive Services for Veteran Families program, which is tightly integrated with the
network of veteran - specific resources available in King County.
In the employment services arena, YWCA's Homeless Intervention Project— Employment
Program has proven to be a highly productive referral partner, as have the THRIVE program
from Multi- Service Center, the Division of Vocational Rehabilitation, FareStart and Goodwill.
Additional onsite and offsite service providers will become part of the Shelter's resource
network on an ongoing basis.
Evaluation Plan
Shelter staff will track the number of unduplicated individuals served during the course of
the year, as well as the daily number of visits, meals served, showers provided, and uses of
the laundry facilities. It is anticipated that limited staffing will restrict the ability to
accurately track referrals and their outcomes.
Agency Experience
Catholic Community Services has a long history of successfully serving homeless individuals
and families in King County. CCS operates numerous shelters, transitional housing programs
and permanent supporting housing programs for single adults. Staff and volunteers have
extensive experience in areas related to homelessness, injustice and inequality. CCS strives
to hire staff members and access volunteers who have experienced homelessness due to
their unique understanding of the challenges these community members face.
CCS also has a long history of operating day shelters for homeless adults. The Lazarus Day
Center (LDC) in Seattle opened in 1990 and provides daily services to approximately 300
individuals age 50 and older. LDC works in collaboration with the St. Martin de Porres
shelter, which provides overnight shelter to many of the day center's guests. The Women's
Wellness Center in Seattle provides primarily hygiene services, and works to help guests
identify and engage with other homelessness service providers.
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Federal Way Day Shelter Pilot Project Final Draft August 14, 201S
Business Plan Subject to Minor Revisions
Shelter Usage
"How many will use a new interim shelter ?"
Considerations /assumptions for identifying meaningful data on the number of people who
might use a Day Shelter in Federal Way
Potential use of a day shelter in Federal Way can be projected based on the number of
homeless individuals who access Reach Out overnight shelters and community meal programs.
A more aggressive approach using the One Night Count in South King County is shown in
Appendix E.
This Business Plan assumes a conservative approach to how many will use a new shelter.
1. Based on 2012 -2014 Reach Out winter shelter and meal records, a number of 20 - 25
men /night, and 15 women /night is presumed to be at the low threshold for use per
Table 1. (For support data see Appendix C.)
Reach Out figures are likely low because they represent existing bed capacity in the
churches. With more capacity, there would likely be greater Reach Out numbers. Based
on this, Reach Out numbers could likely be 30 -35 men and 20 women /night.
2. Based on 2012, 2013 and 2014 FWCCN meal records for Church of the Good Shepherd,
28 — 30 men /night and 15 women /night is again presumed to be the low threshold for
use per Table 1. (For support data see Appendix D.)
3. Based on FWCCN 2013 and 2014 meal records for Calvary Lutheran, the number of
meals served to men and women is larger than at Reach Out and Good Shepherd: 46 -
50, men /night and 19 women /night. FWCCN staff presumes this is an aberration.
Calvary Lutheran is near 1 -5 and they believe many of these individuals come from out of
the Federal Way area. They suggest a better figure is 35 -40 and 15 —16 women /night.
This is only slightly more than at Reach Out and Good Shepherd.
4. Based on the assumption other Federal Way homeless will use the proposed day shelter
once it's open, we can add perhaps five more men and two more women.
S. Based on the assumption some homeless in Kent and Auburn will permanently migrate
to Federal Way and others will visit a new Federal Way shelter from time to time,
perhaps as many as five additional men and two additional women will use the
proposed day shelter.
6. Catholic Community Services estimates a total of 50 —100 men and women will use the
proposed shelter.
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Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
7.
Table 1 summarizes this data.
Table 1 CCS vlxpraeide tjah,._OE starts,
Organization
Year
Total #
Served
Annual
# Men
Annual
# Women
Avg./Wk
Men
Avg./Wk
Women
42
Women
15
17
19
Total
50
55
61
Good Shepherd
2012
3,181
1,458
829
28
16
2013
3,415
1,552
911
30
19
2014
3,250
1,481
826
28
16
Calvary Lutheran
2013
3,417
2,404
1,013
46
19
2014
3,598
2,608
990
50
19
Therefore, a conservative use estimate is 35 men and 15 women (50 total) for the first six
months, increasing to 38 men and 17 women (55 total) after six months, and 42 men and 19
women (61 total) after one year. See Table 2 below. After the proposed shelter Is open for six
months or so, it will be possible to make better projections based on actual use.
Table 2
Sex
1* 6 Mos.
6-12 Mos.
>1 yr.
Men
35
38
42
Women
15
17
19
Total
50
55
61
Finally, see Appendix E for another way to determine potential usage by homeless persons
based on other considerations. This approach estimates roughly 75 homeless individuals would
perhaps use a day shelter.
18
Federal Way Day Shelter Pilot Project Final Draft August 14, 201S
Business Plan Subject to Minor Revisions
Facilities
Legai Entity
Currently, there is no legal entity for the interim day shelter. Catholic Community Services
(CCS) has offered,to allow the shelter to operate under its 501 c (3) non - profit corporation
status. This means that they will also be the le" rtenant of the shelter facility.
P g%u
Location
The proposed day shelter will be located at 3350513' PI 5, Federal Way, WA 98003 in
approximately 1,870 sq. ft. of leased space (hereafter referred to as the premises) near the
intersection of S 33e St and 13th PI S. The shelter will be staffed and operated by Catholic
Community Services (CCS), the tenant.
It is easily accessible by bus, car, bicycle, or on foot and this location has been identified by the
Coalition, CCS and the City as ideal for a facility, near or close to such social service
organizations such as HealthPoint, Multi Service Center and Seattle -King County Public Health.
See Appendix A for a diagram of the building, location of exits, and future bathroom and
kitchen areas, etc.
Lease
Based on a two or three -year lease, with options, the landlord's rent for the premises is
$2,800.00 per month ($33,500 per year) for the initial lease. The rent includes the following
services: electricity, water, sewer and garbage. The coalition and CCS understand the landlord
will pay some portion of the water, sewer and garbage fees; but this is not clear in the draft
lease. He has given an allowance of 150 per month for electricity. [Para. the,f -We says
uprovide °-. which means to suoulvAeiiver or make available for use. =There is no indication of
the dollar
usage" Bill Hallerman will work with the landlord to clarify these issues.] The tenant requires
the landlord's approval of the proposed improvements before entering into .a lease. _
Proposed Improvements
• Upgrade the existing bathroom to ADA standards, including a shower, and install
a second ADA bathroom with a shower, sink, and toilet, with all required
electrical, plumbing, vents, drains and hot water supply to serve them.
19
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
• install a kitchen sink, cabinets and counter with all required electrical, plumbing,
vents, drains and hot water supply to serve them.
• Install a new ADA exit door with concrete walk to front of building and modify
existing entrance to ADA standards if necessary.
• Install /build two new offices and a storage closet.
• Install washer and dryer hookups with all required electrical, plumbing, vents,
drains and hot water supply to serve the premises.
• Match existing floor coverings In current office, and carpet where agreed to by
both parties.
• Repaint the premises with one color as mutually agreed to.
• Modify HVAC system to provide customary heating and cooling of premises.
The landlord is willing to make all of the required improvements at a cost of $49,822, including
WA state sales tax. The tenant would pay one half down before work was started and the
balance after the work is completed to tenant's satisfaction. All the improvements revert to
the landlord at lease termination. Note: This estimate needs to be tested by competitive
bidding to assure the cost is competitive, fair and reasonable.
Currently the Day Shelter Coalition is working with the City of Federal Way to determine the
possibility of applying for and receiving CDBG funds for the improvements. Not all the
improvements would qualiify, only those that meet CDBG eligibility standards /requirements. A
reasonable estimate of eligible work is about 65% of the total improvements, or approximately
#32,500. The application for CDBG funds would originate from CCS, not the landlord. The time
line from application to receiving any funds is 60 -90 days in a best case scenario.
If CCS decides to apply for CDBG funds, any work that is paid for from those funds is subject to
the Davis -Bacon Act. The Davis -Bacon and Related Acts apply to contractors and
subcontractors performing on federally- funded or assisted contracts in excess of $2,000 for the
construction, alteration, or repair (including painting and decorating) of public buildings or
public works, and requires the payment of prevailing wage rates to all laborers and mechanics
on Federal or federally- assisted construction contracts. In addition to Dav con, &BG
requires at least three bids. Any approved and authorized funds would be available to
reimburse CCS once they paid for and invoiced for eligible improvements.
Important Timing Consideration:
The premises are available November 15, 2015 and the lease may be signed after this date.
Once the lease is signed the permitting and improvements may begin. if the improvements are
made by the landlord, a realistic completion date, including permitting and required
inspections, is 60 days, or on or about January 15, 2016. Occupancy would be any time after
this date, likely February 1, 2016. See Table 1.
20
Federal Way Day Shelter Pilot Project
Business Plan
Milestones/Timeline
Table 1
Timing without CDBG Funding
Final Draft August 14, 2015
Subject to Minor Revisions
Date
Event
November 15, 2015
Building is available; sign lease; permitting process
begins. Improvements to building begin — est. 60 days.
January 15, 2616
improvements and equipment installation completed.
[Holidays may delay by up to 15 days.)
February 1, 2016
Year 1 operations begin.
February 1, 2017 --lYear
2 operations begin.
If CCS decides to apply. for CDBG funds, occupancy is projected to be about April 1, 2016, see
Table 2, based on the following:
• The application needs to be submitted no later than September 1, 2015. The
environmental review can begin at this time; approximately - 45 days to complete.
e The building is available and the lease can be signed November 15, 2015.
• After the lease is signed CCS needs to get at least three bids (IAW Davis Bacon
requirements). The bids will likely take at least 30 45 days (due to the holidays) to
receive and decide on a contractor — estimate receipt about December 31, 2015
• Permitting and improvements may begin (holiday season will likely cause delays) once
CCS contracts with the successful contractor, (approximately January 5, 2016). A
realistic completion date, including permitting and required inspections, is about March
15, 2016. Occupancy would be anytime after this date.
21
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Milestones/Timeline (coned.)
Table 2
Timing with CDBG Funding
Date
Event
September 1, 2015
Apply for CDBG funds.
September 1 to
October 16, 2015
Environmental Review
November 15, 2015
Building is available; sign lease.
November 15 to
December 31,2015
RFIXs sent out, received; contract w /successful bidder.
[Holidays will delay by 15 days.]
January 5 — March 15,
2016
Permitting process begins, permits obtained;
improvements to building begin — est. 75 days
March 15, 2016
Improvements and equipment installation completed.
April 1, 2016
Year 1 operations begin.
April 1, 2017
Year 2 operations begin.
Property and equipment
The shelter will require certain real property and equipment for opening, such as:
• Assorted furniture, furnishings, and appliances.
• Desks /chairs, tables, computers and accessories.
• Several file cabinets and shelving units.
s Post Office boxes.
The estimated cost for the real property and equipment is about $25,700. It is anticipated that
some of these items may be donated from local stores or businesses. The rest will need to be
purchased. (See Appendix B for a complete list as prepared by CCS.)
22
Federal Way Day Shelter Pilot Project Final (Draft August 14, 2015
Business Plan subject to Minor Revisions
Management
The shelter will be operated and staffed by CCS.
Personnel
The CCS budget assumes a full time person (program supervisor) who will be the primary staff
person for the shelter, with the shelter being open 5 days a week 4 -5 hours a day. In addition
to staffing the Shelter while it is open, this employee will buy supplies for the shelter,
coordinate food and community volunteers, be responsible for developing services at the
shelter, (including the participation of other Federal Way service providers who can bring
employment, counseling, chemical dependency services, etc.), any statistics and data entry for
the shelter, and ensure a safe and healthy environment at the shelter.
CCS is not budgeting any janitorial services at this time, planning that the guests will do the
cleaning as they currently do at south county shelters and at various churches.
Other personnel costs are for program supervisor coverage for sick days and vacation, and a
small amount for the support and supervision by the division director.
Personnel Costs (See Appendix F.)
23
Federal Way Day Shelter Pilot Project Final Draft august 14, 2015
Business Plan Subject to Minor Revisions
Marketing
Alternatives and Usage Patterns
The services provided for the shelter include two segments: housing and life skills.
• Housing: Services to help guests obtain temporary or long term housing.
• Life skills: Skills to help empower guests to achieve stable independent living.
Marketing Strategy
The day shelter's marketing strategy will be two pronged. One goal is to raise awareness about
the services available to homeless individuals. The second goal is to increase awareness of the
day shelter within the Federal Way community for fundraising efforts.
A main thrust of the effort of increasing visibility within the homeless community will be
through the development of relationships with other social service providers. These are the
front line workers who are in the best position to make referrals to individuals who are truly in
need of services.
The day shelter will also campaign to develop visibility within the community for fundraising.
Activities such as presentations to non - profit organizations, churches, service clubs and at
public events can give a presence to the day shelter within the community as an effective social
service activity. Fundraising efforts are more effective when people know about the day shelter
and its positive impact on the community.
The marketing plan will also address possible concerns of neighbors (commercial or residential),
providing them with contact names and numbers to assure they get accurate information such
as:
• Proposed use.
• Facts surrounding the use.
• Explanation of how the shelter will be operated, and
• Explain how nuisance issues will be addressed and won't impact them.
Media Plan Summary
Internet web site, Facebook, Twitter, etc.
Website Marketing Strategy
The website will be used as a resource to provide information to guests, social service agencies
24
Federal Way Day Shelter Pilot Project Final Draft August la, 2015
Business Plan Subject to Minor Revisions
and donors. The site will be a straight- forward source of information including details regarding
services, information about facilities and biographical information about the staff.
Facebook and Twitter will be evaluated later to decide if we use them.
Development Requirements
A programmer (volunteer or a staff member) will be identified as someone who is able to
develop and improve the existing site. It's anticipated that there won't be labor costs
associated with the website due to donated labor.
49
Federal Way Day Shelter Pilot Project Final matt August 14, 2015
Business Plan Subject to Minor Revisions
Financial
Financial Plan
Assumptions
Financial planning will be based on the following assumptions:
Expenses
* Facility Lease
• Operations
• Personnel
• Operating supplies, etc.
• Utilities
• Startup Expenses
o Improvements
o Equipment
$33,600
74,514
39,250
6,400 +$150 /mos. landlord credit,
or $8,200 total
50,000
25,130
• A 3.00% escalation in years 2017, 2018 and 2019 on personnel, operating supplies and
utilities.
* Lease term: two or three years with a two or three year option.
* The shelter will be open from 10:00 a.m. to 3:00 p.m., five days /week.
Note: 1) Certain improvements and equipment may be covered by CDBG funds. 2) Some
equipment may be donated. 3) Certain landlord improvements may be wrapped into building
lease. 4) Actual improvement and equipment expenses will be calculated after evidence of
using CDBG funds is confirmed.
Fund!n
The following is a list of estimated /anticipated funding from the City of federal Way, King
County, the state of WA, projected fund raising and CDBG.
26
Federal Way Day Shelter.Pilot Project
Business Plan
Final Draft August 14, 2015
Subject to Minor Revisions
Anticipated Funding Sources
2015
2016
2017
City of Federal Way
$50,000
$50,000
tbd
King County
25,000
25,000
State of WA
25,000
25,000
CDBG (for Improvements)
32,500
Private fundraising/Grants
30,000
20,000
Planned /anticipated funding
$122,500
$120,000
$50,000
Operating Expenses
The estimated annual operating expenses of $153,764, which includes $33,600 for leasing the
premises, were supplied by CCS and are shown in Appendix G. Rent and utilities make up
roughly half of the "Operating, Supplies and Other Costs" in the shelter budget. Most of the
equipment and supplies will be janitorial and cleaning items necessary to keep the day shelter
clean and welcoming. CCS's usual administration rate is 13 %, but they have reduced it to 10%
to help keep costs down. The food budget is $5,000, with the expectation that the community
will donate food items to the day shelter, similar to other CCS shelters in South King County.
(CCS is also including bus passes as direct aid to the guests so the staff can link them to the
services they need).
Startup Expenses
The estimated equipment expenses totals $25,130. (See Appendix B)
Improvement Expenses
The estimated improvement expenses of $50,000 are based on the landlord's estimate. They
need to be tested by competitive bidding from at least two other contractors before the lease.is
ready to be signed.
Expense Projections
Tablel Pro Forma shelter expenses for years 2015, 2016, 2017, 2018 and 2019 are shown in
the following spreadsheet.
27
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Shelter Expenses 1
Year
2015
Year
2016
Year
2017
Year
2018
Yea r
2019
Shelter Expenses
Expenses
- _ $
153,764_ $
157,369 $
162,762 $
166,586
30=
- I mprovements $
50,000 $
$
- $
-
$
- Equi pment
25,130
(50,000)
TBD
TBD
-
Total Startup Expenses
75,130
(4000)
TBD
TBD
TBD
Ogerations
- Personnel
- S
74,514 $
76,749 $
79,052
$ 81,423
- Operati ngsuppi1 es, etc.
-
39,250
40,428
41,540
42,890
- Utiliti es- w/o $150 /mos.aIIow.
-
6,400
6,592
6,790
6993
Lease - Based on 2 -yr w/ 2-yr opt
-
33,600
33,600
35,280
35,280
Total Operating and Startup
TSD
-
-
-
-
Expenses $
75,130 $
153764 '
1S7 69 ' $
162,762
$ 166,586
Total 2015 & 2016 Expenses ` S
228 94
3764',$
(157;36q)
$
166,586
Note: Perhaps 50 - 60% of the $225,684 in 2015 startup and operating expenses 1$113 - $136,000) may need to be avaiable
beforeCCSwill sign thebuilding lease and begin operations in early2016 _
Funding Projections
Table 2 shows what we hope to receive from the City of Federal Way, King County, the state of
WA and a CDBG grant. Fundraising, other grants and additional efforts will need to make up
the difference.
Table 2. Pro Forma shelter funding forecast, with CDBG funds totaling $32,600, for years
2015, 2016, 2017, 2018 and 2019 is shown in the following spreadsheet.
Funding Forecast
W CDBG Funds
Year
2015
Year-
2016
Year
2017
Year
2018
Year
2019
TotaLMnual Expenses _ $_
- _ $
153,764_ $
157,369 $
162,762 $
166,586
Total Start Up Expenses (Cost)
25,130
-
-
CIV of Federal Wy ( For operation)
(50,000)
(50,000)
TBD
TBD
TBD
King County
-
(4000)
TBD
TBD
TBD
State of WA
-
(50,000)
TBD
TBD
TBD
Private Fundraising/Grants
(30,000)
(30,000)
TBD
TBD
TBD
Improvements
CDBG Fund (65% of Im)rovements)
(32500)
-
-
-
-
EquipmentDonations
TSD
-
-
-
-
TBt)
otal Potential Surplus/ (Shortfall) 5
37,370 $
3764',$
(157;36q)
$
166,586
,Note: 1) The City has some flexibility in how the $50K for operations (in 2015) is used. It may possibly be used to fund
operations in 2016 or pay for the 2015 improvements. 2) CDBG fun_ ds, if granted, won't be available until the
end of 2015 or early 2016.
Negative numbers represent income to offset expenses /costs, which are shown as positive for
this illustration.
28
tFederal Way Day Shelter Pilot Project Final Draft August 14, 2015 ,
Business Plan Subject to Minor Revisions
Table 3 shows what we hope to receive from the City of Federal Way, King County, and the
state of WA and without a CDBG grant. Fundraising, other grants and additional efforts will
need to make up the difference.
Table 3. Pro Forma shelter funding forecast, ari#WAONfunds. for years 2015, 2016, 2017,
2018 and 2019 is shown in the following spreadsheet.
Fun�Forecast Year Year Year Year Year
Total Annual Expenses $
$
153,764 $
157,369 $
162,762 $
166,586
Total Start Up_ Expenses (Cost)
25,130
-
-
City of Federal Wy ( For operation)
150,016)
(SO,QOp)
TBD
TBD
TBO
King County
-
(20,000)
TBD
TBD
TBD
State of WA
-
(55,100)
TBD
TBD
TBD
Private Fundraising(Grants
(30,000)
(20,000)
TBD
TBD
TBD
Improvements (Cost)
50,000
-
-
-
-
CDBG Fund (65% of Improvements)
-
-
-
-
-
Equipment Donations
TBD
-
-
-
-
Tan
Potential Surplus/ (Shortfall) 4,870 $ (81 64). $ (157,369) $ (162,762)
Note: The City has some flexibility in how the $50K for operations (in 2015) is used. It may possibly be used to fund
operations in 2016 or paj for the 2015 improvements.
Negative numbers represent income to offset expenses /costs, which are shown as positive for
this illustration.
29
Federal Way Day Shelter Pilot Project
Business Plan
Funding Options
Funding Strategy
Final Draft August 14, 2015
Subject to Minor Revisions
Funding for the day shelter will come from many sources, in part to support the operations
budget as needed and in part to decrease the reliance on any one source. Expected sources
include government funds (i.e. City of FW, King County, the State of WA and CDBG), corporate
and individual donations, churches, local service clubs, various fund raising efforts and grant
writing. Some funds may be available immediately, others in a few months, and others such as
grants require six to nine month lead /application periods. (An action plan will be developed to
help insure we meet the fundraising goals.) Individuals who have experience with fund raising
and grant writing will be assisting in the search for funding. The initial fundraising goal is to
raise $40,000 by December 1, 2015 and a total of $60,000 by December 1, 2016. This could
increase depending on a shortfall in government funding.
Funding Sources
Potential funding sources and estimated amounts in addition to the City of FW, King County,
the state of WA and CDBG are listed in the table below.
Organization
Year i Amount
2015
Year 2 Amount
2016
St. Vincent de Paul
$7,500
N/A
Local Churches
$30,000
$30,000
Fund Raising Non -Event
$12,000
$3,000
Corporate Donors
$5,000
$5,000
Rotary Club of Federal Way
$2,500
$2,500
Rotary Club of Federal Way — Fund -a Need
N/A
$30,000
Kiwanis
$1,500
$1,500
St. Francis Hospital
$3,000
$2,000
Grants
0.00
$3,000
Other
TBD
TBD
Estimated Total/Year
$61,500
$77,000
The above amounts haven't been evaluated as to the probability of receiving them.
Funding for years 2018 and 2019 will be incorporated in a future plan for a more permanent
and sustaining day shelter.
30
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan - subject to Minor Revisions
Appendix A
Building Diagram
31
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix B
Improvements and Equipment
Proposed Improvements
• Upgrade the existing bathroom to ADA standards including a shower, and install
a second ADA bathroom with a shower, sink, and toilet, with all required
electrical, plumbing, vents, drains and hot water supply to serve them.
• Install a kitchen sink, cabinets and counter with all required electrical, plumbing,
vents, drains and hot water supply to serve them.
• Install a new ADA exit door with concrete walk to front of building and modify
existing entrance to ADA standards if necessary.
• Install /build two new offices and a storage closet.
• install washer and dryer hookups with all required electrical, plumbing, vents,
drains and hot water supply to serve the premises.
• Match existing floor coverings in current office, and carpet where agreed to by
both parties.
• Repaint the premises with one color as mutually agreed to.
• Modify HVAC system to provide customary heating and cooling of premises..
These improvements are estimated to cost about $50,000 based on an estimate from the
landlord. (See next page.)
32
Federal Way Day Shelter Pilot Project Final Draft August la, 201s
Business Plan subject to Minor Revisions
Appendix B (conrd)
Improvements and Equipment
Proposed improvements to the shelter Premises
33
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix B (con rd-)
Improvements and Equipment
Proposed Minimum Equipment List for Shelter
Item
Qty,
Est. Cost
Kitchen Items
Small residential cooktop
1
$
1,000
Dishwasher
1
1,000
Refrigerator - 29 cu. ft. w /Ice maker &
1
3,000
lower freezer compartment
Freezaer - Upright, 21 cu. ft.
1
850
Microwave oven
2
350
Coffee maker (attachable to H2O supply
2
150
Pots & pans - basic set + basic
1
300
kitchen ware
Sub Total
$
6,650
other
Washer & dryer- commercvial grade - 2 ea.
4
9,000
Lockable Mail Boxes
TBD
TBD
Internet connection & s/u
1
150
Computers for clients
2
1,400
Computer workstations for staff
2
2,000
Printer- print, copy, scan &fax
1
250
Chairs, desks, tables, etc.
Various
3,500 ;
Sub Total
$
16,300
Total Est. Equipment Cost
$
22,950
Sales Tax @ 9.50%'
2,180
Total estimated cost with sales tax
$
25,130
34
Federal Way Day Shelter Pilot Project final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix C
Reach Out
Reach Out statistics show that they served an average of 28 men and 15 women per night,
during the five months of November — March in 2012 -13, 2013 -14 and 2014 -15 meed-the
stats that support these figures.)
Served 4,332 meals during five 2014 -2015 winter months, i.e., November thru March.
a Averaged 15 women per night and 27 -28 men per night for a total of 42 -43 per
night. 27/42 = approx. 64.3% of meals were for men, or 2,785.
0 2,785 meals for men /five months equals approx. 557meals per mos., or
139 /week. 139 /week divided by fate days per week equals approx. 28 meals per
day.
These shelter and meal figures indicate that at least 28 +/- men and 15 women will likely use
the proposed shelter. The statistics also provide demographics on men and women who have a
need and an opportunity to use the specific facility offered, namely, overnight shelter.
However, because of limited bed capacity, the figures under- represent the population in need
of not only shelter, but of all the other hygiene facilities.
Data pages
35
' Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix D
Federal Way Community Caregiving Network (FWCCN)
Considerations/assumptions for Identifying meaningful data on the number of people who
might use a Day Shelter. in Federal Way
The FWCCN served approximately 12,000 meals in 2014. The meals were served at three local
churches: Church of the Good Shepherd, Steel Lake Presbyterian and Calvary Lutheran. FWCCN
statistics show that in the years 2013, 2014 and 1't five months of 2015 they served meals to an
average of 28 -50 men per week.
These figures indicate that at least 28 -30 men may likely use the proposed shelter, because not
all who come for meals need or want day shelter services.
• Served 3,250 Saturday meals at Good Shepherd in 2014 of which 1,481 were for
men and 826 were for women.
Weekly average approx. 28 men and 16 women.
• Served 3,415 Saturday meals at Good Shepherd in 2013 of which 1,552 were for
men and 826 were for women.
• Weekly average approx. 30 men and 19 women.
• Served 3,181 Saturday meals at Good Shepherd in 2012 of which 1,458 were for
men and 829 were for women.
■ Weekly average approx. 28 men and 16 women.
• Served 3,417 Thursday meals at Calvary Lutheran in 2013 of which 2,404 were
for men and 1,013 were for women.
■ Weekly average approx. 46 men and 19 women.
• Served 3,598 Thursday meals at Calvary Lutheran in 2014 of which 2,608 were
for men and 990 were for women.
* Weekly average approx. 50 men and 19 women.
Note: See attached data pages from Church of the Good Shepherd
36
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix E
One Night Count Statistics
How Many Will We Serve?
The King County One Night Count (See following pages.) statistics for Federal Way for the years
2013 — 2015 were 118,113 and 105 respectively, for homeless people in Federal Way. The
difference in numbers from year to year doesn't necessarily indicate a trend. The One Night
Count is essentially just an indicator; the number of homeless is likely larger, in part because
some homeless individuals don't care to be counted. Since the `count' annually runs from 3:00
— 5:00 a.m. on a Friday, they often get a meal at Calvary Lutheran Thursday evening and take
various actions to avoid the count'. Some may find a motel, some may stay with a friend, and
others head to Kent and Auburn where they may have an appointment for the services offered
in those communities.
The following Tables show the `count' in Kent and Auburn is rapidly increasing. Therefore, it's
quite probable that at least a few from those cities might make an occasional trip to a Federal
Way day shelter. It's also probable a few might migrate to Federal Way for other reasons.
• One Niaht Count — Federal Way, Kent and Auburn, i.e. South King County.
Table 1
Year
Federal Way
Kent
Auburn
S. King County
Seattle
2013
118
53
57
228
1,989
2014
113
63
97
273
2,303
2015
105
135
132
372
2,813
• The Federal Way "One Night Count" appears to be declining (but most likely isn't, see
explanation in beginning paragraph) and the Kent, Auburn and S. King County counts
are increasing. In fact, the S. King County'One Night Count is increasing at a faster rate
than Seattle.
Funding Forecast
Year Year Year Year Year
w/o CDBG Funds
2015 2016 2017 2018 2019
Total Annual Expenses
- 153,764 157,369 162,762 166,586
Total Start Up Expenses (Cost) 25,130 - - -
City of Federal Wy ( For
operation) 1
(50,000) (50,000) TBD TBD TBD
King County
- (20,000) TBD TBD TBD
State of WA
- TBD TBD TBD
37
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
(55,000)
Private Fundraising/Grants (30,000) (20,000) TBD TBD TBD
Improvements (Cost) 50,000 - - - -
CDBG Fund (65% of
Improvements) - - - - -
Equipment Donations TBD - - - -
TBD - - -
Total Potential Surplus/ (Shortfall) 4,970 (8,764) (157,369) (162,762) (166,586)
Note: The City has some flexibility in how the $50K for operations (in 2015) is used. It may possibly be used to fund
operations in 2016 or pay for the 2015 improvements.
Table 2
City
Increase /Decrease
Federal Way
down-11-02%
Kent
up - 254.72%
Auburn
up - 231.58%
S. King County
up - 163.16%
Seattle
up - 141.43%
38
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix E (c.-rd)
One Night Count Statistics
How Many Will We Serve?
The following is another way to interpret the number of homeless in Federal Way using One
Night Count and Reach Out statistics.
Estimate up to 95 individuals would use a day shelter. 95
Reach Out
Based on homeless persons who use Reach Out in theFall and
_R
Winter and the FWCCN's three dinners each week, perhaps 45
would use the shelter. 45
With more capacity Reach Out users could increase to 55 or 60, or+ 10-15. 13
Estimate up to 58 individuals would use a day shelter. 58
Average of both estimates 95+ 58 =153 divided by 2 = 75 75
Note: One -Night Count numbers provide a sense of the magnitude of the growth of
homelessness in South King County, but they are not necessarily an accurate indicator of how
many people might use a Day Shelter. The majority of the people counted are living in cars, and
the methodology for counting people in cars /trucks is to always count two when the person
39
# of
Item
People
One Night Count in FW —2015
105
Adjustments
Add: Estimate 40 at Reach Out.
40
Estimate 7 at motel or a friends.
7
'Less:1/2of carcount -See note below.
-40
112
Estimate about 15% of 112 homeless persons won't use the shelter.
-17
Estimate up to 95 individuals would use a day shelter. 95
Reach Out
Based on homeless persons who use Reach Out in theFall and
_R
Winter and the FWCCN's three dinners each week, perhaps 45
would use the shelter. 45
With more capacity Reach Out users could increase to 55 or 60, or+ 10-15. 13
Estimate up to 58 individuals would use a day shelter. 58
Average of both estimates 95+ 58 =153 divided by 2 = 75 75
Note: One -Night Count numbers provide a sense of the magnitude of the growth of
homelessness in South King County, but they are not necessarily an accurate indicator of how
many people might use a Day Shelter. The majority of the people counted are living in cars, and
the methodology for counting people in cars /trucks is to always count two when the person
39
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix E (coned)
One Night Count statistics
How Many Will We Serve?
counting can't actually determine how many people are in the vehicle — which is most of the
time.
One Night count Reports for 2013, 2014 and 2015 follow:
2013 Street Count Results
The 33rd annual One Night Count of homeless people in King County took place in the early hours of Friday, January
25, 2013. The Coalition organized more than 800 volunteers who fanned out across the county to count the number
of men, women and children who were homeless and sleeping outdoors without shelter between 2:00 and 5:00 a.m.
They counted people trying to survive in cars and tents, riding late night buses, or curled up in blankets under bridges
or in doorways. That same night, staff at agencies that operate shelters and transitional housing programs recorded
select information about the people staying in their programs. Staff at the Homeless Housing Program of King
County's Community Services Division compile these data.
FINDINGS OF THE 2013 ONE NIGHT COUNT
At least 2,736 men, women, and children were without shelter during the three hour street count. This number
is an increase of 5% over those found without shelter last year. This number is always assumed to be an undercount,
because we do not count everywhere, and because many people take great care not to be visible.
40
Federal Way Day Shelter Pilot Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix E (..rd)
One Night Count Statistics
How Many Will We Serve?
Summcwy of the 2013 Unsheilered Honeless Cart in Seceded Areas of King Count'
Men
597
7
68
96
4
31
-22
a
6
Y897
Women
133
3
21
26
0
4
2
14
2
5
Gender
12.41
43
17
75
47
83
59
1
b9
1,613
Unknowi,
0
27 8"
Stnxw es
292
4
3 S
16
15
11
0
Minor
1$
0
0
0
4
0
0
1
0
19
Junder 18)
Benches
11
0
0 1
0
2
2
0
0 16
Parking
22
2
0 1
0
4
3
0
7"
4
1 =163
F
City Parks
5
7
1
0
0
0
CarvTru&
631
8
14 52
31
78
37
0
27 8"
Stnxw es
292
4
3 S
16
15
11
0
4
(Under
194
a
2 6
0
2
8
0
5 225
Roadways
Doorways
1;34
_
13
0
S
2
1;
2
4
1 =163
F
City Parks
5
7
1
0
0
0
0
0
10 23
Bushes/
69
3
0
,8
0``
#
3
0
6 sa
Uawlh
Bus S1oP5
32
0
4
0
6
1
�3
0
0
WAing
257
6
6
7
2
16
$
0
1 X303
Aro+,nd
01,er
211;,
1
76
,109
4
1
62
2
S% kwro se whee aw4mwieg 2013 count mml b 2412 count %W
2013 2,736 Ondedes new woo4
2012 2,544
41
' Federal Way Day Shelter Pilot Project Final Draft August 14,201S
Business Plan Subject to Minor Revisions
Appendix E t ew
One Night Count Statistics
How Many Will We Serve?
2014 Street Count Results
The 34th annual One Night Count of homeless people in Kng County took place in the early hours of Friday, Januai
24, 2014. The Coalition organ&ed more than 800 vdurrleeis who-fWmed out aErosS the -otutty to C064 the nunber
of men, women and o oiro n olio werd'%6 e" arld steeping outdoors withoui,stWW..1i6tween 2_tla, 5:00 a.m:
They counted people byetg to stmnveI c a' anal tent's; ring iate nigh buses, or oxxled "tip ut blardcets unofer bridge
or in doorways. That same night, staff at agencies that operate shelters and transitional housing programs recorded
select information about the people staying in their programs. Staff at the Homeless Housing Program of King
County's Community Services Division compile these data.
1!M1U1!M
02015 SEATTLE /KING COUNTY COALITION ON HOMELESSNESS
FINDINGS OF THE 2014 ONE NIGHT COUNT
Over 9,294 people were known to be homeless in King County on this one night. What we know about these
people is based on Information reported by agency staff or collected by the Coalition on Homelessness.
42
Federal Way Day Shelter Pilo_ t Project Final Draft August 14, 2015
Business Plan Subject to Minor Revisions
Appendix E (..ed)
One Night Count Statistics
How Many Will We Serve?
At least 3,123 men, women, and children were without shelter during the three hour street count This number
is an increase of 14% over those found without shelter last year. This number is always assumed to be an
undercount, because we do not count everywhere, and because many people take great care not to be visible.
Local programs served 6,171 people Indoors:
2,906 people were staying in overnight or emergency shelters
3,265 people were living in transitional housing programs
Sunwicry of On 201A UnOwkwed Homeless Count in Selected Axe= of King County
Men 6)9
30
worm 1.13
3
Gaidw 1527
30
Minor 14
0
hinder 18)
--0 ---7U
25 25 1 3 2 it 0 213
20 93 29 ei 79 2 92 1F4 2
0 2 -0 7
evKh"
51
2
0
0
1
0.
2
0
--0 ---7U
Parking
Garages
IA
0
0
0 1
0
1
0
0
0
_,
Cars/Trucks
730
19
16
65
12
55
47
0
49
51rudu"s
357
8
0
10
21
'A
7
'0
2
Lklaw
ROO&UP
229
1
0
6
0
3
16
6
Dcorways 4A
206
10
0
----- --
'3
0
2
54
3
0
0
2
0
2
0
27
Bush"/
64
3
5
2
4
19
19
0
A
Bus Skips
22
2
0
0
1
1
0
0
0-
Alwo
a3
z
0
0
0
a
0
VM*q
Around
214
li"
5
2
7
Is
5
0
9 2M
011w
290
1
89
90
- 0'
8
t
112
2014 3,123 people outside
2013 2,736 people cukkle
43
Federal Way Day Shelter Pilot Project
Business Plan
Appendix E (oohed)
One Night Count Statistics
How Many Will We Serve?
Final Draft August 14, 2015
Subject to Minor Revisions
2015 Street Count Results
The 35th annual One Night Count of homeless people in King County took place in the early hours of Friday, January
23, 2015. The Coalition organized more than 1100 volunteers who fanned out across the county to count the number
of men, women and children who were homeless and sleeping outdoors without shelter between 200 and 5,00 a.m.
They counted people trying to survive in cars and tents, riding late night buses, or curled up in blankets under bridges
or in doorways. That same night, staff at agencies that operate shelters and transitional housing programs recorded
select information about the people staying in their programs Staff at the Homeless,Hor&ing Program of
County's Commur>* Sdrvls. twsiwcom pite these diga. a *y of + tt
Count Rippon
film=* 10,047`
®2015 SEATTLE/KING COUNTY COALITION ON HOMELESSNESS
FINDINGS OF THE 2015 ONE NIGHT COUNT - UNSHELTERED COUNT
At least 3,772 men, women, and children were without shelter during the three hour street carat. This number
is an increase of 21% over those found without shelter last year. This number is always assumed to be an
undercount, because we do not count everywhere, and because many people take great care not to be visible.
Hundreds of volunteers helping with the count found people in sleeping in doorways, beneath overpasses, in their
vehicles, in alleys, or walking around, in the communities of Auburn, Bellevue, Bothell, Burien, Des Moines, Federal
Way, Kent, Kenmore, Kirkland, Redmond, Renton, Seattle, Shoreline, Skyway, Vashon Island, White Center and
Woodinville.
The reasons people are without shelter vary. Lade of affordable housing, poverty, unemployment, untreated mental
illness or addiction, and domestic violence all contribute to homelessness_
44
Federal Way Day Shelter Pilot Project Final Draft august 14, 201S
Business Plan Subject to Minor Revisions
Appendix E tconrd)
One Night Count Statistics
How Many Will We Serve?
Summary of the 20151Jn4w6r*d Homelsss Count in Ss6cW Areas of King County
Men 495 21 7 46 69 13 20 Fb 22 3 as
W. 165 6 1 24 14 4 1 _... _.� =
Gander 1,944 101 40 55 126 88 58 0 a $dE19
Mina 9 7 0 7 0 0 0 == 7 1t 31
(Under 181 _
Bench"
35
0
1
3
0
1
0
0
0
0
40
%&;np.
31
0
0
�11
0 -
0
0
_ 0 .
0
0
42
G-."w ..
..
Cas/Truda
776
41
32 _
._18
as _
81
37
_
0
54
B
1,13!
skudum
641
11
8
2
311
3
t0
O
19
0
:732
Under
Roodwaya
173
6
0
10
0
0
7
0
4
0
11"
Door -0
304
3
0
1
4
4._
3
0
0
0
It~
ay Pods
47
1
1
0
0
0
2
0
10
0
ii:
a+ f
94
29
1
10 _
_A _
6
_ 6
w 0
31
�0
U0
Bus Sbps
32
1
0
1
2
1
0
0
1
0
3:
a"
26
1
0
0
4
0
0
0
0
0
31
WoMung
Arcound
303
19
4
2
21
6 .._.....
6
0
it
1
375
0*w
349
21 _
1
76
48
i
a
107
2
1
614
21%
increase
2015
3,772 people outside
2014
3,123 people ou#ide
"Wshsn Istasd erad Sewhweet Kkmi Ceunty are perticipa thm in the count for 16 first beer in 2 DIS
For more itrforntetion cornet! tie Semple /King County Ceelilien an Fietnslessnsss
www.homsioWnfo.org
Alison Eisinger Iskole Mocri
(206) 204.8355 12061515.1514
aGson�,org nnocriOdese.org
45
Federal Way Day Shelter Pilot Project Final Draft-August 1a, 2015
Business Plan Subject to Minor Revisions
Appendix F -
Personnel Expenses
Copy of CCS staffing costs with a brief explanation.
46
too
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,.._ _.
a Nre Moir f' sNn - NilP2 ` IYr Nip 6.4 4) ■1. & M Ub ill IMM GNe
14
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3 :+iwiktr 8 ai W9 1p" BOE Sb flol mu F8 son 814 VIA
? 921%
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;g. , ql hrstwk Mat su4 .
4dyondAemp d.8n
HAWA B! IO I"
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WK
110%
M-3 149
8211
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NOTE t: Chap P,P rar la yPglwkM IN" rsw (M' bM kQUq aN Wary pnecnso. m bells c9Mule0".
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u �tllNiiawP�FI1R !NOtiIIR��N+1w1�1
v,liFllEt P, rN�liM�tNehsitlb« YiV1, INIr1yIKMlltr�pNiglrltlweE- tflll�eus�{. 71fo�! �I�iINM, �la9N1�IN1d, 111d�t9Ji�e�641lkrRB�114 +JMNi.7f1��1llMwM4MJ�!
x NMY9: Thk�/ bLfiwlt. lsatdp�YlpAa�OeriNw�NrY1Au ►�OibtrakeO111Nikf�kwl�t M7PN�teltwiMM► i�IteulFwrP+ IM�11�taN4lgfuisolymtMNM�N�aNfw1111iRUwbq.
46
Federal Way Day Shelter Pilot Project Final Draft august 14, 2015
Business Plan Subject to Minor Revisions
Appendix G
Operating Expenses
CCS Interim Shelter 6udeet
landlord has provided a
credit toward utilities or
Rent and Utilities make up the biggest part of the other costs. CCS is including bus passes as
direct aid to the guests, so their staff can link guests to the services they need. Most of the
47
Federal Way Day Shelter Pilot Project Snal Draft August ia, 2015
Business Plan Subject to Minor Revisions
Appendix G (conrd)
Operating Expenses
equipment and supplies will be janitorial supplies necessary to keep the day shelter clean and
welcoming. CCVs administration rate is normally 13%, but they have cut it to 10% to help keep
costs down. The food budget is $5,000, with expectation that the community will donate food
to the shelter, similar to what occurs at their South ICng County shelters.
48
I mailed the business plan signature page to Bill H. last Friday and expect it back sometime this week.
The following are minor corrections to the business plan:
1. Page 3, second Para. first line, insert the word of between `commitment' and `this'.
2. Page 13, paragraph 1, sentence 3: Lessee, not lessor
3. Page 14, second Para. (after bullets), line 5: $32,500, not #
4. Page 14, third Para. (after bullets), line 6: Davis- Bacon, not David Bacon
e -mail from Martin Petrich 8/26/2015
49
This Page Left Blank Intentionally
50
COUNCIL MEETING DATE: October 20, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENT TO THE HOUSING REPAIR PROGRAM POLICIES
POLICY QUESTION: Should the City Council approve an amendment to the Housing Repair Program that
changes the loan to eligible homeowners from a forgivable loan/grant to a deferred, 0% interest loan that is due
at the time of the sale or transfer of the property?
COMMITTEE: PRHSPS
MEETING DATE: October 13, 2015
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Watson DEPT: CD /Community Services
Attachments:
Revised 2015 Housing Repair Program Policies noting the change from deferred forgivable loan to zero interest
deferred loan.
Promissory Note & Deed of Trust outlining repayment and default rules.
Background:
The City's Housing Repair Program was originally structured to support low - and moderate - income homeowners
with home repairs paid via the Community Development Block Program in the form of a forgivable, zero percent
(0 0/o), declining balance loan for the costs of repairs performed by contractors. This practice essentially provides
a grant of public funds to the homeowner. Recently, Staff learned that State prevailing wage regulations define
such practices as "public works" subject to prevailing wage requirements. Compliance with prevailing wage
requirements will lead to increased costs for the program of 10% to 65 %. This will mean fewer eligible
homeowners will receive support. The change to a loan due upon sale or transfer of the property will allow the
program avoid prevailing wage requirements for repair work by contractors.
Options Considered:
1. Approve the amendment to the Home Repair Program Policies to change from a forgivable 0% interest
loan to a deferred 0% interest repayment loan.
2. Do not approve the amendment to the Home Repair Program Policies and provide direction to staff.
MAYOR'S RECOMMENDA
MAYOR APPROVAL: J.
COMMITTEE RECOMMENDATION* � o fon
Policies to the October 20, 2015 ' sent agenda for
51
APPROVAL: - •- ��'
-- - �/�--
Initial
amendment to the Home Repair Program
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of an amendment to the Housing Repair Program Policies
that change from a forgivable, 0% interest loan to a deferred, 0% interest repayment loan."
(BELOW TO BE COMPLETED BYCTTYCLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
52
INTRODUCTION
The policies and procedures contained in this document provide guidance for the implementation of
City of Federal Way's DUSiRg o Housing Repair Program. It includes program goals and
objectives, a program description, and policies and procedures for the residents of the City of Federal
Way, the City staff that have responsibility for the program's implementation and oversight, and the
contractors that may be hired to perform housing repairs.
The gmeFg_^_; HGUSiRg Repair Housing Repair Program offers financial assistance to lower- income
homeowners that are deemed urgent and necessary to ensure the immediate health and /or safety of
the residents.
✓ Eligible Applicants Owner- occupants of single family or mobile homes, whose gross annual
income does not exceed 80% of the King County Area Median Income (AMI), adjusted for
household size.
✓ Funding Limits —The maximum amount available, based on the repair or replacement need, is
up to $10.000 per property.
✓ Repairs under the program are provided as a direct service to the household.
✓ Certain improvements may be ineligible or beyond the scope of the City's minor repair program
and may be referred to the King County Housing repair program.
Program Goals and Objectives
The goal of the city's Emergency Repair Housing Program is to improve the quality of life for residents
by improving the existing owner- occupied housing stock. Specific objectives for achieving this goal
include:
Objectives that provide benefit for the entire City:
1. Preserve the existing housing stock.
2. Revitalize neighborhoods.
3. Conserve the property tax base.
Objectives that benefit neighborhoods
1. Expand housing alternatives.
2. Encourage other improvements to neighborhoods.
3. Discourage the abandonment of homes.
Objectives that benefit individual homeowners
1. Benefit low, very low, and moderate - income persons.
2. Remove health and safety hazards.
3. Reduce utility costs.
4. Improve resident's safety in their homes.
.The ---- „ro - - - -, --- -- - - "a - - -�,,.
Housing Repair Program is designed to alleviate immediate threats to the health and safety of low
income (80% and below AMI) homeowners. This program will concentrate its efforts on addressing
emergency repairs that may impact the owner's health and safety. However, these improvements may
53 3
not bring the entire structure into compliance with adopted housing codes. Funding from this program
cannot be used for repairs to free standing equipment items such as heaters, lamps, fans, window
A/C units, and dishwashers.
Each eligible owner occupied residence may receive assistance up to $510.000 in funding to complete
the repairs. The funds will be administered by the City's'"vmmuRity and `weemie De1elepmeRt
DepaFtmemCommunity Development Department through the Community Services Division and will
not be paid directly to the homeowner. This defeFFed payment lean dees Ret haye W be Fepaid unless
the PFGpeFty is via Within five (5) years of the alleeatie.,
The City will not be a party to any work performed or contracted outside of the City's program. The City
is not responsible for the payment of any costs exceeding the $510000 per residence.
Program Standards
1. The household must qualify for assistance based HUD income standards.
2. The owner must live in and own the property for a minimum of one year prior to application.
3. The property must be current on taxes, utility & mortgage payments.
4. Properties constructed prior to 1978 may require testing for lead -based paint.
S. Deferredh' fj4*AW loans require no repayment from the owner, as long as the conditions of
the program are met for the entire term of the loan.
6. The actual cost of repairs cannot exceed the established grant amount in effect at the time of
application
7. Repairs or improvements will be prioritized by the Program Manager based upon advice from
the professional Inspector and based on the condition of the property
8. Project approval is subject to funding limitations in effect at the time of application.
9. The contract for the repairs is between the Homeowner and the selected Contractor.
Eligible Program Activities
Emergency repairs generally include of one or more of the following conditions:
• Roof repair
• Furnace or water heater repair /replacement
• Plumbing
• Electrical
• Exterior door repairs for owner safety considerations
• ADA accessibility improvements
• Other emergency repairs as authorized by City Program staff
Funding Source
The Emergency Housing Repair Program is funded by the U. S. Department of Housing and Urban
Development (HUD) through the Community Developmnt Block Grant (CDBG) program. CDBG funds
may be used to make both grants and loans. Specific rules and regulations related to implementation of
the CDBG program are found in the Code of Federal Regulations (25 CFR Part 570).
CDBG Program regulations require that these funds must benefit low, very low and moderate- income
persons.
544
All expenditure of federal funds are required to comply with numerous other federal regulations
including, but not limited to, the National Environmental Policy Act (NEPA), the Uniform Relocation Act
(URA), Minority and Women Owned Business Outreach Policies, the Welfare Reform Act — Immigration
Status, and Federal Fair Housing Laws. Federal lead -based paint statutes are also triggered with the use
of CDBG funds.
r
All repair activities shall be funded by a deferred repayment loan. The loan shall carry zero (0) percent
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Font: Bold, Underline
GENERAL OPERATING PROCEDURES
The Emergency Housing Repair Program shall be administered by the
ommunity Development Department of the City of Federal Way for
residents of city. The Director shall designate a staff member as Program Manager to oversee the day to
day operations of the program.
City of Federal Way residents are encouraged to inform themselves of the program offerings and make
an appointment to complete the application process.
The Program Manager (or his /her contractual designee) shall also be responsible for the inspection of
work on the units being assisted in the City.
Eligibility Requirements
Emergency repair services are available if all of the following criteria are met:
1. Single family units are located within the municipal boundaries of the City of Federal Way.
2. Owner on the title uses the home as their principal residence and owns the home and the
land on which it sits.
3. Occupants earn 80% or less of the median income for the AMI (Area Median Income) and
meet the priorities adopted by the City.
4. All property taxes, utility, property insurance & mortgage payments are current.
5. The applicant meets an income and assets review to determine income eligibility according to
the requirements of the funding source.
6. The work needed to the home can be repaired and is not determined by the project inspector
to be significantly beyond the constraints of the program funding allotment per home.
7. The dwelling is not a type of unit considered temporary. Out buildings that are detached
from the single - family home will not be repaired.
The City will strive to assist all eligible applicants on a first come -first serve basis and in the same time
and date order for which their application was filed with the City's Program Manager or designee. The
EmeFg,,Rey HeusiRg Repair Housing Repair Program will not fund repair needs that represent duplicate
payments, or that have already been funded by another public, non - profit assistance or insurance
program.
Complete documentation of items requested in the application review process must be available for
a household to be considered eligible.
Cancellation/ Denial
On occasion, City staff may need to cancel or deny a project application. Once the application is
cancelled or denied, the applicant must wait one full year from the date of cancellation to reapply for
Emergency Repair Housing assistance.
Causes for cancellation would include but are not limited to:
• Applicant request
• Failure to respond in timely manner (31 days from the date of the written request from the
Department)
• Disposition of property
• Defective Title
566
■ Failure to meet City guidelines
■ Failure to accept Deed Restrictions
■ Failure to provide necessary documents
A formal Cancellation /Denial Letter will be prepared and forwarded to the applicant and recorded to the
project file.
Appeals /Grievances
If an Owner, Applicant, or Contractor has a complaint concerning a decision or the implementation of
the E^^ ^=; Housing R Housing Repair Program, a written complaint must be submitted to the
Community and Economic Development Director within seven (7) calendar days of the decision that
caused rise to the complaint. The Director will respond in writing within ten (10) calendar days from
the receipt of the written complaint. The response will include a copy of the decision, a statement of
the facts and the legal basis upon which it is based.
All further appeals of the final administrative decision shall be handled according to the procedures
established by the City to assure a fair determination for all parties.
HOMEOWNER APPLICATION PROCESS
When a resident seeks service through the EFAeFg_ney HeusiRg Repair Housing Repair Program, he or
she should expect to adhere to the following general procedures:
Application
An application form must be completed and all requested information must be provided and
verified before an applicant can be approved for assistance. Applications are appointments.are first
set by a phone call to the application processor before the appointment can take place. Failure to
provide all requested information will result in the application being returned to the owner.
Providing false or misleading information will result in the disqualification of the applicant.
Income Analysis
Review of the household's eligibility consists of an analysis of the household income and
household size. Household income may not exceed the income limit in effect at the time of
application to the program.
Income is defined as income earned from all household members age 18 years and above. Income
includes earnings from employment, government benefits, investments, interest income, and
other cash- generating activities. All loan applicants must submit three of their most recent
paycheck stubs as part of their loan application. The following methods will be used by City staff
to calculate income:
1. Income from full -time employees will be calculated as follows:
a. Third party verification -Using third -party documentation is the City's preferred
method of determining income eligibility. Housing staff will verify the income
statements of salaried or hourly employees based on information provided on a
Verification of Employment and /or an Employment Acceptance Offer signed and
dated from the employer on letterhead. Any Employment Acceptance Offer must
57 7
state the date in which employment shall commence, the salary, and it must be
signed by the employer and employee.
b. Hourly Employees -The City may rely on Income documentation obtained from the
applicant's three most recent paystubs. Base pay income will be calculated by
taking the gross year -to -date (YTD) earnings and averaging the income over the
number of months employed during the year to obtain the gross monthly income.
The gross monthly income will be projected forward at the same level of earnings
for 12 consecutive months. Paystubs are considered outdated after 90 days.
c. Salaried Employees- Income will be calculated and projected forward by
multiplying the bi- weekly gross salary by 26 weeks or the bi- monthly gross salary
by 24 pay - periods and adding in the amount earned from annual bonuses,
commissions, in -lieu payments, etc...
2. Income from part-time or variable income employees will be calculated as follows: If the
applicant has been employed for more than a year, Housing Staff will calculate the gross
year -to -date income from the most recent pay stub and average the income over the
number of months employed during the year to obtain the gross monthly income. The
gross monthly income will be projected forward at the same level of earnings for 12
consecutive months. If the year -to -date income covers less than three months in the
current year, City staff may include the average year -to -date earnings from the prior
calendar year in addition to the current year if the employee's work schedule has not
significantly changed. Any income discrepancies can be verified by multiplying the hourly
rate by the average number of hours worked provided on a formal Verification of
Employment form from the applicant's employer.
3. Income from overtime, commissions, ongoing stipends, shift differential pay, and other
sources will be averaged (using year -to -date earnings) and included in the applicant's gross
monthly income. Income that is received in lieu of earnings, despite the temporary nature
of such pay (i.e. unemployment, worker's compensation, and severance pay) will also be
included as income and projected forward for the next twelve months. Income received
from one -time non - recurring bonuses, non - recurring lump- sum payments from the sale of
stocks or bonds, stock options, lump sum inheritances, retro -pay, insurance payments, or
relocation benefits can be excluded. The non - recurring nature of such income must be
documented by a Verification of Employment (e.g. VOE) or from alternate source
documentation acceptable to the City.
4. Interest income from investment and capital accounts, such as checking, savings, money
market, certificate of deposit accounts, dividend income from mutual fund accounts,
stocks, and other income- generating assets must be included in the applicant's income.
The income earned from such assets will be calculated at the greater of the actual interest
earned or 10% per annum. These amounts will be included in the applicant's household
income only when the interest income meets the following criteria:
a. The account is considered liquid, and the applicant can withdraw the funds without
tax penalty.
b. The interest rate earned on the account is variable, and subject to change based on
market conditions.
58g
Exception: Interest earned from Long term investment accounts with fixed interest rates
for periods longer than the coming twelve months shall be calculated at the stated fixed
interest rate.
Exception: If the applicant is over the age of 70 % years old at the time of application and
owns an individual retirement account, the City will add the value of the required
minimum distribution amount to the applicants overall income calculation.
5. Current monthly income and annuity payments from retirement accounts, (including social
security and pensions), alimony, child- support, and other steady, ongoing sources will be
included in the applicant's gross monthly household income calculation. Non - taxable incomes
will not "be grossed up" by the City, regardless of other agencies determination of such income.
6. All forms of income from non - applicant spouses and other household members over the age of
18 will be included in the gross monthly income calculation, regardless of the taxability of such
income. Annual income from full -time college students will be capped at $480 per annum.
7. Income from seasonal and non - durable part-time jobs such as fishing, coaching, lecturing, test
proctoring, day etc., will be included only when the applicant can reasonably be expected to
continue to be employed in the same line of work over the coming twelve months.
8. Income from Self - Employed Homeowners- For self - employed applicants, the following
documents may be required by Housing Staff to determine income eligibility and applicants
should be prepared to document their projected annual earnings using any or all of the
following methods:
a. Applicants must provide the most recent 3 years of W -2's and /or 1099's. If the
applicant has W -2's or 1099's, deducting business expenses or losses is not allowed.
Positive net income from a side business will be added to the applicant's gross income.
b. A year -to date profit /loss and income statements prepared and signed by a Certified
Public Accountant, with information covered through the last quarter and a letter of
explanation, signed and certified by the applicant, stating the anticipated net household
income (after deducting business expenses) over the next 12 months; or
c. A year -to- date - balance sheet, prepared and signed by a Certified Public Accountant,
reflecting the financial position of the business at a specific point in time and a signed
letter of explanation regarding the applicant's anticipated net household income (after
deducting all allowable business expenses except depreciation) signed and certified by
the applicant; or
d. Current owner salary documentation and three years of profit /loss statements from
partnerships and S Corporations prepared and signed by a Certified Public Accountant;
and a signed letter of explanation regarding the applicant's anticipated gross household
income over the next 12 months, signed and certified by the applicant.
e. In addition to the methods above, the applicant must provide the previous three years
of tax returns to verify the consistency of the information being provided, including a
59 9
Schedule C. For the purpose of self - employed individuals, net income from the
operation of a business may be used only it the net income is derived by deducting
expenses solely associated with the operation of the business.
9. Income the applicant rents our one or more rooms in his /her primary residence, rental, income
received must be included in the applicant's household income.
Household Size Defined
The Household is comprised of ALL individuals who will be occupying the home over the next or
upcoming twelve months. The following individuals are not counted as part of the household: foster
children, unborn children, children who live with the applicant (parent) less than 50% of the time, and
children being pursued for legal custody or adoption who are not yet living with the household at the
time of application. A child, who resides with the household at least 50 percent of the time and receives
over 50% of the care from the applicant, can be counted as a household member.
1. Any individual listed on the application, must occupy the City- assisted unit as their primary
residence. All persons whose names will appear on the deed of trust must also be listed on the
application.
2. Household members are people who will occupy the residence full -time. All household
members aged 18 or older are required to submit income and asset documentation. Non -
income dependents who will be living with the applicant over the coming twelve months and
receive over 50% in support from the applicant are eligible household members. If the
household member is new to the residence or if they are not claimed on the previous year's tax
return; the applicant will be required to submit verifiable evidence that the household member
will live with the applicant over the coming twelve months. All letters of explanation provided by
the applicant must be signed by the applicant under penalty of perjury.
3. Full -time college students over the age of 18, living away from home, and who continue to
receive over half of their support from the applicant, may be considered a household member.
Student's income must be counted in the applicant's total income calculation. However, if the
student is a head of household or a spouse /domestic partner of the applicant, the student will
be required to produce verifiable income documentation. Each adult household member who
does not receive income from any source shall be required to submit an Income Affidavit, Letter
of Explanation, and Social Security Administration Consent for Release of Information, Request
for Verification of Benefits and an Authorization for Release of Records from the Employment
Development Department.
Tenants and House- sharing - If the owner rents out one or more rooms in their primary residence, the
tenant(s) are generally excluded from the inclusion of household size, and their income is not included,
if one or more of the following conditions are met:
a. The renter /tenant and owner are unrelated and the tenant pays the owner /landlord a monthly
or weekly sum of money in exchange for rights to occupy the unit.
b. The renter /tenant does not consider the owner a member of his /her family, and receives other
government payments or subsidies based on his /her sole household income; or
6d.0
c. The renter /tenant and landlord mutually agree that the relationship among them is one of
contract (verbal or written) and they are not legally or socially obligated or tied to the one -
another beyond the terms of their rental agreement.
Welfare Reform Act and Immigration Status —The City is using Federal funds to assist homeowners. As
such, all federally funded loans are subject to verification requirements of the Welfare Reform Act
(WRA). To be eligible for benefits under the WRA, all household members must be a U.S. Citizen, a U.S.
non - citizen national, or a "qualified alien ". A "qualified alien" is:
a. An alien lawfully admitted for permanent residence under the immigration and Nationality Act
(INA);
b. An alien granted asylum under section 208 of INA;
I. A refugee admitted into the U.S. under section 207 of the INA; 4. An alien paroled into
the U.S. under section 212(d)(5) of the INA for at least one year;
II. An alien whose deportation is being withheld under section 243(h) of the INA as in
effect prior to April 1, 1997 or whose removal is being withheld under section 241(b)(3)
of the INA;
III. An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect
prior to April 1, 1980;
IV. An alien who is Cuban or Haitian entrant as defined in section 501(e) of the Refugee
Education Assistance Act of 1980; or
V. An alien who (for whose child or parent) has been battered or subjected to extreme
cruelty in the U.S. and otherwise satisfies the requirements of § 431(c) of the Act.
An applicant whose household does not meet the eligibility requirements under the Welfare Reform Act
is ineligible for a federally funded City program.
Preliminary Approval
An initial phone call and an application with the proper documentation of income, proof
of ownership (deed), and evidence of mortgage pay history, current year property tax receipt,
verification of assets and the approval of the Program Manager are needed prior to the completion of
the initial housing inspection.
Inspection
In order to determine the extent of the emergency repair needed, an inspection of the property is
required. A third party independent inspector will be hired by the City to conduct all initial and
interim inspections. The inspector will verify that zoning regulations are met and that the building is
structurally sound. A copy of the inspection report will be submitted to the Program Manager. Priority
will be given to emergency conditions which pose a threat to the health and safety of the residents.
Such work may only begin after final approval by Program Manager.
Other types of housing Emergency Repair assistance will be addressed according to a level of priority
assigned by staff and the amount of funds available.
Lead Based Paint
Maintenance and repairs will be screened for lead based paint impacts (see Appendices) and projects
may be denied due to the impact of lead based paint disturbance. Due to cost and process challenges
related to lead based paint, jobs exceeding deminimus levels of paint disturbance may not be
undertaken.
61 11
Regulations:
(1) Minor repair and maintenance exception changes to < 6 ft2 per room for interiors, 20 ft2 for exteriors.
To qualify, the project cannot involve the use of high dust generating (prohibited) practices or window
replacement.
(2) Emergency renovations specifically include interim controls performed in response to an elevated
blood lead level in a child.
(3) Persons performing renovations for compensation in pre -1978 housing may use either Protect Your
Family or Renovate Right to comply with the existing requirement to provide a lead hazard information
pamphlet to the owners and occupants of target (pre -1978) housing before beginning renovations
Work Write -Up & Housing Specifications
Once a completed application has been received; applicant eligibility confirmed, and inspection is
completed, the job work write -ups with cost estimates will be prepared for every job as directed by the
Program Manager. The write -up must support that the proposed work will not exceed the total
estimated replacement cost of the repairs.
Environmental Review
Overview
City staff has completed a Tier I Environmental Review which determined through review, that several
mandated federal Environmental Acts could be converted to "Categorically Exempt - Not subject to
58.5" for this gmeFgeRey 149using Repair Housing Repair Program.
As program applications are verified as eligible for expenditure of program funds, City staff will complete
the required Tier II Environmental Review for the remaining NEPA regulations:
NOTE: NO CONTRACT CAN BE EXECUTED OR ANY WORK CAN BEGIN UNTIL THE ENVIRONMENTAL
REVIEW HAS BEEN COMPLETED.
HISTORIC PRESERVATION -36 CFR 800
Older residential structures, those of which are most likely to need rehabilitation work, may meet the
definition of an "historic property". Federal, State and City regulations and policies dictate that special
procedures be followed to ensure that historic resources are preserved and maintained in their original
character to the extent possible. The requirements for historic review depend on the sources of funds
for rehabilitation or demolition /replacement. It is imperative that the funding source be identified early
in the process when work is proposed on an historic property.
CDBG regulations require that the State Historic Preservation Officer (SHPO) review and approve any
work of a "historic property" (except repainting) pursuant to Section 106 of the National Historic
Preservation Act of 1966.
At the time that the Inspector initially inspects a property, he /she will determine whether it is an
"historic property." Generally, the two threshold criteria for making this determination are that the
building either (i) exceeds 50 years in age, and /or (ii) is listed in the state Historic Resources Inventory.
(City staff will check the Historic Resources Inventory to determine whether the property is identified as
a listed historic property.) If the property is determined to be historic, staff will immediately inform the
Program Manager, who will determine the project funding.
6A2
Should at the conclusion of Tier II Environmental Review determines that the project is able to be
converted to exempt status; staff shall document the findings and move the project forward.
NOISE ABATEMENT AND CONTROL- 24 CFR 51(b)
The use of federal funds requires that investments protect citizens against excessive noise in their
communities and places of residence. Particular emphasis is placed on compatible land use planning in
relation to airports, highways, and other source of high noise. HUD Noise Assessment Guidelines are
used when a project site is located within 1,000 feet of a major highway, 3,000 feet of an active railroad
line, or 15 miles from a major commercial or military airport.
City staff shall evaluate site specific features on a project by project basis; determine noise thresholds by
completing the Tier 11 checklist.
Should at the conclusion of Tier II Environmental Review determines that the project is able to be
converted to exempt status; staff shall document the findings and move the project forward.
TOXIC /HAZARDOUS MATERIALS, CONTAMINATION, CHEMICALS OR GASES -24 CFR 58.5(i)(2)
City is required is examine the project to determine if the project is located on or near site that contains
hazardous materials or contaminants that could affect the health and safety of occupants or that
conflict with the intended utilization of the property. Particular attention to be given to any site located
on or in general proximity to landfills, dumps, industrial sites, gas stations or other locations that contain
hazardous wastes or materials.
Alternatives
If the project is determined to require additional investment as a result of a Federal NEPA regulation,
the City shall consider alternatives.
If the Program Manager determines that the property cannot be rehabilitated for the maximum
investment amount, the Director may choose the following alternatives:
Reducing the scope of work — The Inspector may reduce the scope of Work to only include
critical repairs,
Require the applicant to provide funding (if applicant has available funds); and
Rejecting the project (see Cancellation Process)
Selection of Contractor /Bid Award
The City will mail or e-mail requests for bids to all contractors on the "Insured Contractor's List."
Applicants should recognize that the City's list of contractors is not an endorsement of those
contractors; the list merely signifies that the contractors are adequately insured, have provided
references and financial information and meet all program requirements.
If the applicant has a preferred contractor who is not on the list, the City will also send a bid request to
that contractor. However, all contractors participating in the r., eFgeney Housing RepaiF Housing Repair
63 13
Program must meet all program requirements as listed in the Contractor Policy and Procedures. No
contractor may bid if he /she is related to the applicant. If deemed necessary by the City Inspector, a
mandatory pre -bid walk- through of the house will be scheduled so that all interested contractors may
preview the property and have their questions answered.
The applicant will be required to accept the lowest responsible bid with certain exceptions. Rejection of
the low bidder without cause will result in cancellation of the project; however, after bids are opened,
the property owner will have a maximum of five (5) days to qualify the lowest responsible bid.
if on the basis of references, or an inability to start work within a reasonable time, the property owner
'requests to reject the low bidder, he /she may do so in writing. Upon confirmation of the reason for
rejection by City staff, the low bidder will be rejected, and the next lowest bidder will be considered. If
all bidders are deemed non - responsible, the City will re -bid the project. If the lowest responsible bidder
is rejected without verification of non - responsibility, the City will cancel the project.
Alternatively, the applicant may choose any contractor if he /she is willing to pay the difference between
the selected contractor's bid and the low bidder. The amount of the difference shall be deposited with
the City at the time of contract signing.
The City reserves the right to rebid if in its sole opinion the bids are above the customary price for such
construction work.
Customer satisfaction surveys received for previous work with the rehabilitation program may be
reviewed at the applicant's request.
Any contractor who is excluded from federal procurement or is on HUD's list of Debarred Contractors is
not eligible for participating in the program. Contractors must have all debts to the City of Federal Way
paid in full. All Contractors must obtain City permits and must possess all licenses required by local and
state authorities to perform functions subject to licensing (plumbing, electrical, lead -based paint, etc.).
Contractors are expected to fully comply with the Contractor Policies and Procedures.
Final Approval
An application with the proper documentation, work write -ups, completed Environmental Review,
bids, a Notice to Proceed document, and a formal contract between the homeowner and the selected
contractor must be reviewed and approved, by the Program Manager, prior to actual rehabilitation or
repair.
CONTRACT AGREEMENTS
All participants in the Housing Repair Program will be asked to attend a
closing to sign the work contract between the homeowner and contractor, and the Notice to Proceed
issued by the City's Program Manager.
HOMEOWNER INSURANCE REQUIREMENTS
All homeowners must maintain replacement value hazard insurance on the real property with the City
named as additional insured loss /payee. This hazard insurance shall include fire and any other extended
coverage that the City reasonably requests. Flood insurance may be required If the home is located in a
6414
Special Hazard Flood Area. Staff may require that loan proceeds be used to purchase hazard insurance in
order to ensure that the security for the City's loan is adequately protected.
CONSTRUCTION
For all repair work except designated emergency (determination specifically issued by the Program
Manager), the general /sub- contractor, unless prohibited by inclement weather, will begin in
accordance with the Project Schedule, submitted as a part of the Contractor's Project Bid, and after a
written Notice to Proceed is issued by the City staff and signed by the Program Manager.
• Prior to the issuance of the Notice to Proceed, a copy of the original building permit shall be
furnished to the Owner, with a copy to the Program Manager.
• The Contractor shall pay all sales; consumer use and other taxes required by law and shall
secure all permits, fees and licenses necessary for the execution of work under contract.
• If the contractor does not commence work by the specified date, the City may cancel the
contract and award the work to the next lowest responsive bidder or request re- bidding of
the job.
• All work shall be satisfactorily completed within a specified time period listed on the Notice to
Proceed.
• Variations from any work write -up must be documented by a change order.
• The contractor is responsible for submitting written change order proposals for approval
by the Homeowner and the Program Manger prior to beginning any additional work.
• Any work done without written authorization from the Owner and the Program Manager will
be the financial responsibility of the Contractor.
• Contractors will provide adequate documentation with change orders to justify the changes
along with details and costs for each changed item.
• Any change orders initiated by the homeowner and carried out by the contractor will be the
financial responsibility of the homeowner as well as any liability arising from the change order.
• All change orders must be reviewed and signed by the Program Manager before the approved
terms are implemented and the contract amount adjusted.
Any changes in the original contract requiring additional funds shall — in the following order:
1. Re- prioritize improvements
2. Use additional Program funds (if available up to maximum investment amount) or
3. Owner funds
All changes to the original contract shall require Owner and City approval prior to acceptance.
BUILDING INSPECTION AND CLOSEOUT
The Owner, Program Manager and the Inspector must certify that all work is completed according to
work write -ups and applicable codes before disbursement of final payment.
In- Progress Construction Inspections
The Inspector shall verify that the work in progress meets all program standards, contract requirements,
and Housing Code Standards. In- progress Inspections are also required to verify the project is on
schedule and meeting project budget. The Inspector may advise the owner or contractor of pertinent
65 15
codes. However, the Inspector is not responsible for making Building Code or Permitting determinations
or to schedule other building or planning inspections.
Photo Documentation
Throughout the course of the project the Inspector shall document unusual or severe conditions
through photographs. Some projects may also require before and after photographs.
Completion of Work and Work Payments
No payment shall be given to the contractor up front.
Due to the small nature of the projects no more than one (1) payment shall be made on each contract
job. Prior to submission of final payment for the Inspector and Program Manager's approval, all final
payments shall have the Owner endorsed Payment Certificate, final contractor invoice, copy of final
Building permits (if applicable), and sub- contractor lien releases, prime contractor lien release and
contractor affidavit.
Disputed payments
If the property owner disputes the contractor payment, the Rehab Inspector may submit grant
payments of up to 90% without owner signature or special approval. If the owner is unwilling to sign the
final payment on grant- funded projects and the Inspector has made the determination that the
contractor has completed the work per the contract and program standards, the Inspector may
submit a memo to the Program Manager requesting permission to pay the 100% payment. The Memo
will explain project background and the Inspector's determination.
For other payment disputes, the Inspector will work with the parties to try and resolve the dispute. If
the two parties cannot reach an agreement, the Inspector shall recommend that the contractor remove
the disputed portions of the payment from the billing. The contractor can remove the disputed item
completely through a Change Order or defer the item until the end of the contract. If the two parties do
not come to terms with the dispute they must then seek other options (See Appeals /Grievance).
Follow-up/Warranties
The contractor will provide a warranty for all work; materials and labor for a period of one [1] year after
acceptance of work by the homeowner [5 years for new roofs].
If the contractor does not complete the work within the time frame specified in the work contract, 3% of
the contract price may be withheld from the amount to be paid to the contractor for each day that the
work is not completed, unless the reasons for the delay are beyond the contractor's control and the
homeowner and Program Manager agree.
Homeowners are instructed to contact contractors directly concerning warranty items. If the
homeowner is unsuccessful in contacting the contractor, he /she may contact the Program Manager.
When the Program Manager receives complaints for EFneFgeRey HewsiRg Repair Housing Repair
warranty items, the Program Manager will coordinate with the contractor to have the complaints
resolved.
Results of the contractor's action shall be recorded as a part of the rehabilitation file, with copies of all
warranty complaints placed in the contractor's file.
6d6
Miscellaneous
1) The applicant is responsible for approving and accepting the contractor's work. The City accepts no
liability for the project. Any warranty of work performed is between the contractor and the
applicant and the applicant is responsible to resolve any disputes. The Housing Rehabilitation Office
will intervene and take action to remedy warranty requests only in situations that are not addressed
in the City of Federal Way EFRe.o_^_`,' HeusiRg Repair Housing Repair Grievance Procedure.
2) In certain cases a need for warranty work may not be covered by the grievance procedure, or a
contractor may be found in default of either a program or contractual requirement, such as failure
to maintain his /her insurance, or any other action that has caused their removal from the program
and rendered him unable to return to the job site. Although the City was not a party to the
construction contract and has no legal requirement to perform any services in such a situation, the
CDBG Administrator will, upon request, make specific recommendations regarding repairs or
managing the default. The maximum expenditure for warranty work paid by the City due to
contractor default will be $500, using CDBG funds. The City will not extend the remaining time on
their original warranty.
3) Under normal conditions, eligible participants to the program will be selected on a first -come, first -
serve basis. However, the following factors may receive priority in funding:
i) Homes with small children or elderly persons.
ii) Immediate threats to health or safety.
iii) Projects that require alterations due to ADA (Americans with Disabilities Act).
4) It is important that Owner is satisfied with the work done and believes that they have been treated
fairly. Accordingly, every effort will be made to see that work is completed according to the work
specifications and the applicant's expectations. The applicant should always feel free to contact the
Program Manager or City Inspector while construction is underway. The Owner should also
understand that it is acceptable to ask questions of the contractor regarding the adequacy or quality
of the work being performed.
5) Waivers of any provisions of this policy may be approved by the Program Manager for good cause,
and shall be documented in writing.
Rights and Responsibilities of the Applicant
• Submitting all required documents to determine eligibility for the program;
• Making reasonable accommodation to the schedules of the contractor and City staff for the
purposes of inspections, completion of work, etc.;
• Reviewing, executing, and understanding the approval of housing rehab policy, work
description and all contract documents;
67 17
• Making any and all arrangements if voluntary relocation is necessary;
• Organizing, boxing, storing or otherwise remove personal belongings that impede the
contractor's ability to perform the work;
• Reviewing and approving appropriate invoices during the construction period;
• Notifying the contractor and Housing Rehabilitation staff of any concerns during the
construction period and during the one -year warranty period;
• Participating in the Final Inspection and executing the Final Homeowners Acceptance;
• Ask questions to ensure expectations are reasonable and in accordance with the work to
occur;
• Meeting all terms and conditions of the contracts and liens;
• Repaying the loan if the terms are not met.
Rights and Responsibilities of the City Staff
• Paying the contractor as set forth in the contract and contractor's payment procedure.
• Administering the program in a professional manner that ensures maximum effectiveness,
efficiency and customer satisfaction.
• Communicating with the applicant and the contractor regarding administrative procedures
that affect completion of the work on behalf of the applicant;
• Communicating with the contractor regarding administrative procedures which may affect
the timeliness of his payment, insurance requirements, or inspection schedules;
• Making reasonable accommodation with both parties regarding scheduling of inspection;
• Documenting project files in compliance with all applicable HUD regulations;
• Advising the applicant of City code requirements which may affect the prioritizing of work
items;
• Clarifying with the applicant the advisability, eligibility, and final results of certain repairs;
• Negotiating with the contractor regarding necessary change orders;
• Following up with contractors to ensure that necessary warranted work is completed if a
complaint is received during the warranty period
• Provide the applicant with all necessary information or educational materials needed to
ensure that any new systems, equipment, fixtures etc. are properly maintained.
6818
CITY Of CITY HALL
Federal Way 33325 s`" Way, WA Federal Way, , W WA 98003 -6325
(253) 835 -7000
cilyoffederahvay com
PROMISSORY NOTE
City of Federal Way Housing Repair Program (HRP)
LENDER: City of Federal Way, a Municipal corporation
33325 8th Avenue South
Federal Way, WA 98003
BORROWER: Homeowner Name, Homeowner(s)
HRP RESIDENCE:
PRINCIPAL
AMOUNT:
LOAN DATE: , 201
DUE DATE: The earlier of "Default Date" or '20—
In consideration for the mutual undertakings and covenants contained in this Promissory
Note (the "Note "), Lender (also referred to hereinafter as the "City") and Borrower agree as
follows:
1. Purpose for Loan. Borrower is eligible to participate in Lender's Housing Repair Program
( "HRP "), a program to assist eligible homeowners with home repair needs that maybe of an
emergency nature due to unforeseen circumstances that require immediate action to protect the
health and safety of its occupants, or that will improve the living conditions for the homeowner
and enhance the surrounding neighborhood. The program is funded by Community Development
Block Grant funds that have been made available to the City. Loan proceeds are being used to
fund repairs and improvements at the borrower's principal residence. Borrower's application for
a Housing Repair Program loan has been approved and the City is prepared to fund the loan upon
Borrower's execution of the "Loan Documents," which include this Promissory Note and a Deed
of Trust.
2. Promise to Pay. For value received, on or before the Due Date, Borrower, including its
assigns and successors, promises to pay Lender in lawful money of the United States of America,
at Lender's principal place of business, or such other place as Lender may designate in writing
from time to time, the Principal Amount listed above and, as shall have been advanced by Lender
to or on behalf of Borrower under this Note, plus interest (in the event of Default) as provided in
this Note.
3. Interest Rate. The unpaid Principal Amount shall bear interest at the rate of Zero Percent
(0 %) per annum (the `Effective Interest Rate ") unless or until a Default.
4. Payments. No payments will be required to be made on the Principal Amount unless or until
a Default occurs. In the event of Default, the entire unpaid balance of the Principal Amount as of
PROMISSORY NOTE 8/2015
HOUSING REPAIR PROGRAM Page 1
69
CITY HAi_L
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the date of Default shall immediately become due and payable and interest on the unpaid balance
shall commence to accrue at the "Default Interest Rate" on the date of Default.
5. Loan Account. All advances made to or on behalf of Borrower under this Note shall be
charged to a loan account in Borrower's name on Lender's books ("Loan Account ") and Lender
shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of
each repayment made by Borrower or "Forgiveness of Debt" granted by Lender.
�-6 Repayment of loan. The loan is due upon sale of the property, quitt claim deed, death of
homeowner, or if the Borrower no longer occupies the home as the residence (See default section
For Leim amount up to S2,00W.
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PROMISSORY NOTE
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PROMISSORY NOTE
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,' .. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
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Federal Way
CITY IHAALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
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7. Occupancy/Use: The property cannot be used as a rental home and must be the Borrowers
primary residence.
8. Default. Upon the occurrence of any of the following events ( "Events of Default "), Lender,
at its option, and without notice to Borrower, may declare the entire unpaid Principal Amount to
be immediately due and payable:
a. The Borrower rents out the home during the loan period. See Deed of Trust language 5.1.
b. The Borrower fails to comply with City Codes and Land Use regulations.
c. The Borrower no longer occupies the Residence as Borrower's primary residence;
d. The Borrower sells the Residence or conveys the Residence in lieu foreclosure, or forfeits
the Residence in foreclosure, bankruptcy or other insolvency proceeding;
e. The Borrower makes, or is deemed to have made, any materially incorrect, false,
fraudulent or misleading representation, warranty or certificate to the Lender, or makes, or is
deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in
any statement or application to Lender in connection with Lender's consideration of Borrower's
EHRP application;
f. The Borrower defaults under the terms of this Note or the Deed of Trust granted in
connection herewith;
g. The Borrower is enjoined, restrained or in any way prevented by court order from
continuing to reside in the Residence;
h. Formal charges are filed against the Borrower under any federal, state or municipal
statute, law or ordinance for which forfeiture of the Residence is a potential penalty, or the
Residence is in fact so seized or forfeited;
i. The Borrower fails to maintain the Residence, commits waste upon the Residence
property or allows the Residence or Residence property to become a nuisance;
j. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the
appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or
(3) commences, consents to the commencement or continuation of, or has commenced upon it,
voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of
any jurisdiction;
k. The Borrower defaults under the deed of trust executed in connection with this Note, it
being understood and agreed that this Note and the deed of trust shall be interpreted and
construed as a single integrated agreement between Lender and Borrower; or
1. The Borrower dies.
The term "Default Date" shall mean the date on which an Event of Default has occurred or the
date Borrower is no longer entitled to cure the Event of Default under the terms of this Note.
9. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal
Amount balance shall bear interest at the per annum interest rate for judgments provided by
Washington law until the Note is satisfied in full.
10. Security. This Note is secured by and relates to a deed of trust of even date encumbering the
Residence.
PROMISSORY NOTE 8/2015
HOUSING REPAIR PROGRAM Page 4
72
CITY OF
Aft
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98043 -6325
(253) 835 -7000
wwwcd)v federahaaycan
11. Default Remedies. Upon the occurrence of any Event of Default, Lender shall have and may
exercise any one or more of the rights and remedies provided in this Note and the deed of trust
relating to this Note. The remedies provided in this Note and deed of trust are cumulative to the
full extent provided by law.
12. Application of Payments. All payments received on this Note shall first be applied against
accrued and unpaid interest and "Costs and Fees" owed to Lender under this Note, and the
balance against unpaid Principal Amount. Borrower expressly assumes all risks of loss or delay
in the delivery of any payments made by mail, and no course of conduct or dealing shall affect
Borrower's assumption of these risks.
13. Costs and Fees. Borrower agrees to pay all of Lender's costs incurred in the collection,
modification, review, monitoring, or termination of this Note, including actual attorney fees and
those incurred in any foreclosure, bankruptcy, or other similar insolvency proceeding.
14. No Waiver. Acceptance by Lender of any payment in an amount less than the amount then
due shall be deemed an acceptance on account only, and Lender's acceptance of any such partial
payment shall not constitute a waiver of Lender's right to receive the entire amount due.
15. Consent. Borrower hereby jointly and severally (i) waives presentment for payment,
demand, notice of non - payment, notice of protest or protest of this Note, (ii) waives Lender's
diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time,
renewals, waivers or modifications as may be granted by Lender with respect to payment or any
other provisions of this Note. The liability of the Borrower under this Note shall be absolute and
unconditional, without regard to the liability of any other party.
16. Governing Law and Venue. This Note shall be interpreted, construed and governed by, and
in accordance with, the laws of the State of Washington. Venue for any action commenced by
Borrower or Lender to interpret or enforce this Note or the deed of trust shall be in the Superior
Court of the State of Washington, For King County, at the Maleng Regional Justice Center,
Kent, Washington.
17. Entire Agreement. Except as otherwise expressly provided in this Note, this. Note and the
deed of trust constitute the entire agreement of the Borrower and the Lender relating to its
subject matter.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
PROMISSORY NOTE
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8/2015
Page 5
dTr OF
,'�•... Federal Way
Agreed to and accepted by:
LENDER:
CITY OF FEDERAL WAY
Jim Ferrell, Mayor
APPROVED AS TO FORM:
City Attorney, Amy Jo Pearsall
BORROWER(S):
Signature
FILL IN THE HOMEOWNER NAME
Printed Name
STATE OF WASHINGTON )
ss.
COUNTY OF )
Ci i Y HALL
33325 81h Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www c#yoffederaMw carry
ATTEST:
City Clerk, Stephanie Courtney, CMC
Signature
1 LL t TIC H€)MW(?WI3 R NAME
Printed Name
On this day personally appeared before me, FILL IN THE HOMEOWNER NNIE {Sl to me known to be
the individual(s) described in and who executed the foregoing instrument, and on oath swore that
he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this day of
PROMISSORY NOTE
HOUSING REPAIR PROGRAM
Notary's signature
Notary's printed name
74
20
Notary Public in and for the State of Washington.
My commission expires
8/2015
Page 6
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Federal Way
33325 8d Ave S
Federal Way, WA 98003 -6325
Ann: Jeri -Lynn Clark
DEED OF TRUST
Property Address: [Insert Address]
Grantor (s): [Insert Last Name, First Name, M.I.]
Beneficiary: CITY OF FEDERAL WAY, a Washington Municipal Corporation
Property Legal Description (abbreviated): e.g. Lot 18, State Plat, Section 16, T 21 N, R 4 E, WM.
Complete Legal Description indicated below.
Assessor's Tax Parcel ID#(s):.e.g.797820 -0090
THIS DEED OF TRUST IS DATED , 20__, between ,
(referred to below as "Grantor"), whose address is Federal Way, WA 98___;
CITY OF FEDERAL WAY, whose address is 33325 8 Ave S, .Federal Way, WA 98003
(referred to below as "Lender"); and First American Title whose mailing address is 33600 6a'
Ave S #105, Federal Way, WA 98003 (referred to below as "Trustee ").
1. CONVEYANCE AND GRANT. For valuable consideration, Grantor irrevocably grants,
bargains, sells and conveys to Trustee in trust, with power of sale and for the benefit of Lender as
Lender, all of Grantor's estate, rights, title and interest, now owned or hereafter acquired, in and
to the following real property located at [insert Property address] in King County, Washington,
and legally described below, together with all existing or subsequently erected or affixed
buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water,
water rights and ditch rights (including stock in utilities with ditch and irrigation rights); and all
other rights, royalties, and profits relating to the real property, including without limitation all
minerals, oil, gas, geothermal and similar matters (collectively "Real Property").
The Real Property legal description is:
(STAFF: Type full legal description here or Legal description of property attached hereto
as Exhibit "A" and incorporated herein by reference.)
2. DEFINITIONS. The following words shall have the following meanings when used in
this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings
attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall
mean amounts in lawful money of the United States of America.
• Deed of Trust means this Deed of Trust among Grantor, Lender, and Trustee.
• Grantor means any and all persons and entities executing this Deed of Trust, including
without limitation [insert names of all grantors].
• Improvements means and includes without limitation all existing and future improvements,
buildings, structures, mobile homes affixed on the Real Property, facilities, additions,
replacements and other construction on the Real Property.
• Indebtedness means indebtedness of Grantor to Lender, including all principal and interest
payable under the Note and any amounts expended or advanced by Lender to discharge
obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of
Grantor under this Deed of Trust, together with interest on such amounts as provided in this
Deed of Trust. The word "Indebtedness" also includes all renewals, modifications,
extensions, future advances or increases in the amount of the Note.
75
7
• Lender means the City of Federal Way, its successors and assigns.
• Note means the Promissory Note dated, , in the original principal amount of
$ from Grantor to Lender, together with all renewals, extensions, modifications,
refinancing, and substitutions for this Note.
• Property means collectively the Real Property.
• Real Property means the property, interests and rights described above in the "Conveyance
and Grant" section.
• Related Documents means and includes without limitation all promissory notes, Housing
Repair Program applications and disclosures, deeds of trust, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with
the Indebtedness.
• Trustee means First American Title and any substitute or successor trustees.
THIS DEED OF TRUST IS GIVEN TO SECURE (1) PAYMENT OF THE
INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
GRANTOR UNDER THE NOTE, THIS DEED OF TRUST AND OTHER RELATED
LOAN DOCUMENTS. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
FOLLOWING TERMS.
3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of
Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,
and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this
Deed of Trust, and the Related Documents.
4. FORBEARANCE BY LENDER NOT A WAIVER. Extension of the time for payment
or modification of the sums secured by this Deed of Trust granted by Lender to any successor in
interest of Grantor shall not operate to release the liability of the original Grantor or Grantor's
successors in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify the sums secured
by this Deed of Trust by reason of any demand made by the original Grantor or Grantor's
successors of interest. Any forbearance by Lender in exercising any right or remedy as provided
in the Note or otherwise shall not be a waiver of or preclude the exercise of any right or remedy.
5. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that
Grantor's possession and use of the Property shall be governed by the following provisions:
5.1 Possession and Use. Grantor shall occupy, establish and use the Property as
Grantor's principal residence for a minimum of 12 continuous months prior to and at the time of
execution of this Deed of Trust. The Grantor acknowledges that this Property is subject to certain
land use and occupancy requirements, as provided in the Second Promissory Note which shall be
executed concurrently with the Deed of Trust. The Second Promissory Note restricts the
Grantor's ability to rent the Property.
5.2 Duty to Maintain. Grantor shall not destroy, damage or impair the Property,
allow the Property to deteriorate, or commit waste on the Property. Grantor shall maintain the
Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
5.3 Removal of Improvements. Grantor shall not demolish or remove any
Improvements from the Real Property without the prior written consent of Lender. As a
condition to the removal of any Improvements, Lender may require Grantor make arrangements
satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
5.4 Lender's Right to Enter. Lender and its agents and representatives may enter
upon the Real Property at all reasonable times to attend to Lender's interest and to inspect the
Property for purposes of Grantor's compliance with the terms and conditions of this Deed of
Trust. Lender shall give Grantor notice at the time of or prior to an inspection specifying
reasonable cause for the inspection.
5.5 Forfeiture Action. Grantor shall be in default if any forfeiture action or
proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result
in the forfeiture of the Property or otherwise materially impair the lien credited by this Deed of
76
Trust. Grantor may cure such a default and reinstate, as provided in paragraph 13.11, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,
precludes forfeiture of the Grantor's interest in the Property or other material impairment of the
lien created by this Deed of Trust.
5.6 False Application. Grantor shall be in default if Grantor, during the application
process or during the period governed by the Housing Repair Program, gave materially false or
inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning (i) Grantor's occupancy of the Property as a principal residence, and
(ii) Grantor's income;.
5.7 Hazardous Substances. Grantor shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not
do, nor allow "anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
5.8 Environmental Cleanup. Grantor shall promptly comply with all statutes,
regulations, and ordinances which apply to Grantor or to the Property and with all orders,
decrees or judgments of governmental authorities or courts having jurisdiction which Grantor is
bound by, relating to the use, collection, storage, treatment, control, removal or cleanup of
hazardous or toxic substances in, on or under the Property or in, on or under any adjacent
property that becomes contaminated with hazardous or toxic substances as a result of
construction, operations or other activities on, or the contamination of, the Property, at Grantor's
expense. Lender may, but is not obligated to, enter upon the Property and take such actions and
incur such costs and expenses to effect such compliance as it deems advisable to protect its
interest as Lender; and whether or not Grantor has actual knowledge of the existence of
hazardous or toxic substances in, on or under the Property or any adjacent property as of the date
hereof, Grantor shall reimburse Lender prior to Lender acquiring title to the Property through
foreclosure or deed in lieu of foreclosure, in connection with such compliance activities.
5.9 Duty to Protect. Grantor agrees neither to vacate, abandon nor leave unattended
the Property. Grantor shall do all other acts, in addition to those acts set forth above in this
section, which from the character and use of the Property as Grantor's principal residence are
reasonable necessary to protect and preserve the Property.
5.10 Agricultural Use. Grantor agrees that the Property is not used principally or
primarily for agricultural or farming purposes.
6. S.>g UR TRANSFER The following provisions relating to the sale or transfer of the
Property are a part of this Deed of Trust.
6.2 Grantor Notice. If Lender exercises this option, Lender shall give Grantor and
any Senior Lien Holder(s) prior written notice of acceleration. This notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Grantor
must pay all sums secured by this Deed of Trust. If Grantor fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedy permitted by this Deed of Trust without
further notice or demand on Grantor.
77
63 Senior Lien Holder(s) Notice. Notwithstanding Lender's right to invoke any
remedy hereunder, Lender agrees that is will not commence foreclosure proceedings or accept a
deed in lieu of foreclosure, or exercise any other rights or remedy hereunder until it has given
any Senior Lien Holder(s) at least 60 days' prior written notice.
7. TAXES AND LIENS. The following provisions relating to the taxes and liens on the
Property are a part of this Deed of Trust.
7.1 Payment. Grantor shall pay when due (and in all events prior to delinquency) all
taxes, special taxes, assessments, charges (including water and sewer), fines and impositions
levied against or on account of the Property, and shall pay when due all claims for work done on
or for services rendered or material furnished to the Property. Grantor shall maintain the Property
free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,
except for the lien of taxes and assessments not due and except as otherwise provided in this
Deed of Trust.
7.2 Evidence of Payment. Grantor shall, upon demand, furnish to Lender satisfactory
evidence of payment of the taxes or assessments and shall authorize the appropriate
governmental official to deliver to Lender at any time a written statement of the taxes and
assessments against the property.
73 Notice of Construction. Grantor shall notify Lender at least fifteen (15) days
before any work is commenced, any services are furnished, or any materials are supplied to the
Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of
the work, services, or materials. Grantor will, upon request of Lender, furnish to Lender advance
assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
8. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring
the Property are a part of this Deed of Trust.
8.1 Maintenance of Insurance. Grantor shall procure and maintain policies of fire
insurance with standard extended coverage endorsements on a replacement basis for the full
insurance value covering all Improvements on the Real Property in an amount sufficient to avoid
application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender.
Grantor, upon request of Lender, will deliver to Lender from time to time the policies or
certificates of insurance in form reasonably satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least ten (10) days' prior written notice
to Lender. Each insurance policy also shall include an endorsement providing that coverage in
favor of Lender will not be impaired in any way by any act, omission or default of Grantor or
any other person. Should the Real Property at any time become located in an area designated by
the Director of the Federal Emergency Management Agency (FEMA) as a special flood hazard
area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal
balance of the loan, up to the maximum policy limits set under the National Flood Insurance
Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
loan.
8.2 Application of Proceeds. Grantor shall promptly notify Lender of any loss or
damage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender
may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Upon the
election of Lender, Lender may receive and retain the proceeds of any insurance and apply the
proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the
restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner
reasonably satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay
or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor
is not in default under this Deed of trust. Any proceeds which have not been disbursed within
180 days after their receipt and which Lender has not committed to the repair or restoration of
the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then
to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
proceeds shall be paid without interest to Grantor as Grantor's interest may appear.
83 Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit
of, and pass to, -the purchaser of the Property covered by this Deed of Trust at any trustee's sale
78 4
or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such
Property.
8A Grantor's Report on Insurance. Upon request of Lender, however not more
than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance
showing: (a) the name of the insurer, (b) the risks insured; (c) the amount of the policy; (d) the
property insured, the then current replacement value of such property, and the manner of
determining that value; and (e) the expiration date of the policy. Grantor shall, upon request of
Lender, have an independent appraiser reasonably satisfactory to Lender determine the cash
value replacement cost of the Property.
9. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this
Deed of Trust, or if any action or proceeding is commenced that would materially affect
Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to,
take any action that Lender reasonably deems appropriate. Any amount that Lender expends in
so doing will bear interest at the rate provided for in the Note from the date incurred or paid by
Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be
payable on demand, (b) be added to the balance of the Note and be apportioned among and be
payable with any installment payments to become due during either (i) the term of any applicable
insurance policy or (ii) the remaining terms of the Note, or (c) be treated as a balloon payment
which will be due and payable at the Note's maturity. This Deed of Trust also will secure
payment of these amounts. The rights provided for in this paragraph shall be in addition to any
other rights or remedies to which Lender may be entitled on account of the default. Any such
action by Lender shall not be construed as curing the default so as to bar Lender from any
remedy that it otherwise would have had.
10. COMPLIANCE WITH LAWS. Grantor warrants that the Property and Grantor's use of
the Property complies with all existing applicable laws, ordinances, and regulations of
governmental authorities.
11. CONDEMNATION. The following provisions relating to condemnation proceedings are
a part of this Deed of Trust.
11.1 Application of Net Proceeds. If all or any part of the Property is condemned by
eminent domain proceedings or, by any proceeding or purchase in lieu of condemnation, Lender
may at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall
mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by
the Trustee or Lender in connection with the condemnation, and subject to the terms of the First
Mortgage or Deed of Trust.
11.2 Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly
notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to
defend the action and obtain the award. Grantor may be the nominal party in such proceeding,
but Lender shall be entitled to participate in the proceeding and to be represented in the
proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or
cause to be delivered to Lender such instruments as may be requested by it from time to time to
permit such participation.
113 Abandonment. If the Property is abandoned by Grantor, or it after notice by
Lender to Grantor that the condemner offers to make an award or settle a claim for damages, and
Grantor fails to respond to Lender within 30 days after the date the notice is given, Lender is
authorized to collect and apply the proceeds, at its option, either to restoration or repair of the
Property or to the sums security by this Deed of trust, whether or not then due.
12. DEFAULT. Each of the following, at the option of the Lender shall constitute an event
of default ( "Event of Default's under this Deed of Trust:
12.1 Default on Indebtedness. Failure of Grantor to make any payment when due on
the Indebtedness or failure to perform any material obligation under the Note.
79
12.2 Default on Other Payments. Failure of Grantor within the time required by this
Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to
prevent failing of or to effect discharge of any lien.
123 False Statements. Any warranty, representation, or statement made or fiurnished
to Lender by or on behalf of Grantor under this Deed of Trust, the Note or any Housing Repair
Program application or disclosure document is false or misleading in any material respect, either
now or at the time made or furnished.
12.4 Defective Collateralization. This Deed of Trust or any of the Related Documents
ceases to be in full force and effect (including failure of any collateral documents to create a
valid and perfected security interest or lien) at any time and for any reason.
12.5 Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture
proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any
creditor of Grantor or by any governmental agency against any of the Property. However, this
subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or
reasonableness of the claim which is the basis of the foreclosure or forfeiture proceeding,
provided that Grantor give Lender written notice of such claim and furnishes reserves or a surety
bond for the claim satisfactory to Lender.
12.6 Breach of Other Agreement. Any breach by Grantor under the terms of any
other agreement between Grantor and Lender, including but not limited to the Note, that is not
remedied within any grace period provided therein, including without limitation any agreement
concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or
later.
13. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of
Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more
of the following rights and remedies, in addition to any other rights or remedies provided by law:
13.1 Accelerate Indebtedness. Lender shall have the right at its option to declare the
entire Indebtedness immediately due and payable, including any prepayment penalty which
Grantor would be required to pay.
13.2 Foreclosure. With respect to all or any part of the Real Property, the Trustee shall
have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall
have the right to foreclose by judicial foreclosure, in either case in accordance with and to the
full extent provided by applicable law.
13.3 Appoint Receiver. Lender shall have the right to have a receiver appointed to
take possession of all or any part of the Property, with the power to protect and preserve the
Property, to operate the Property preceding or pending foreclosure or sale, and to collect the
Rents from the Property and apply the proceeds, over and above the cost of the receivership,
against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's
right to the appointment of a receiver shall exist whether or not the apparent value of the
Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
13A Tenancy at Sufferance. If Grantor remains in possession of the Property after the
Property is sold as provided above or Lender otherwise becomes entitled to possession of the
Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall at Lender's option either (a) pay a reasonable rental for the
use of the Property, or (b) vacate the Property immediately upon the demand of Lender.
13.5 Other Remedies. Trustee or Lender shall have any other right or remedy
provided in this Deed of Trust or the Note or by law.
13.6 Notice of Sale. Lender shall give Grantor reasonable notice of the time and place
of any public sale of the Property or of the time after which any private sale or other intended
disposition of the Property is to be made. Reasonable notice shall mean notice given at least ten
(10) days before the time of the sale or disposition.
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13.7 Sale of Property. To the extent permitted by applicable law, Grantor hereby
waives any and all rights to have the Property marshaled. In exercising its rights and remedies,
the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in
one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any
portion of the Property.
13.8 Waiver, Election of Remedies. A waiver by any party of a breach of a provision
of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to
demand strict compliance with that provision or any other provision. Election by Lender to
pursue any .remedy provided in this Deed of Trust, the Note, in any Related Document, or
provided by law shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Deed of Trust after
failure of Grantor to perform shall not affect Lender's right to declare a default and to exercise
any of its remedies.
13.9 Attorney's Fees, Expenses. If Lender institutes any suit or action to enforce any
of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may
adjudge reasonable as attorney's fees at trial on any appeal. Whether or not any court action is
involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at
any time for the protection of its interest or the enforcement of its rights shall become a part of
the Indebtedness payable on demand and shall bear interest at the Note rate from the date of
expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's attorney's fees whether or not there
is a lawsuit, including attorney's fees for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals and any anticipated post judgment collection
services, the cost of searching records, obtaining title reports (including foreclosure reports),
surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted
by applicable law. Grantor also will pay any court costs, in addition to all other sums provided
by law.
13.10 Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set
forth in this Section.
13.11 Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall
have the right to have enforcement of this Deed of Trust discontinued at any time prior to the
earlier of (a) five (5) days, or such other period as applicable law may specify for reinstatement,
before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b)
entry of a judgment enforcing this Deed of Trust. Those conditions are that the Grantor: (a) pays
Lender all sums which then would be due under this Deed of Trust and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable
attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien
of this Deed of Trust, Lender's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this
Deed of trust and the obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 5.
14. POWERS AND OBLIGATIONS OF THE TRUSTEE. The following provisions
relating to the powers and obligation of Trustee (pursuant to Lender's instructions) are part of
this Deed of Trust.
14.1 Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,
Trustee shall have the power to take the following actions with respect to the Property upon the
written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real
Property, including the dedication of streets or other rights to the public; (b) join in granting any
easement or creating any restriction on the Real Property, and (c) join in any subordination or
other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
14.2 Obligations to Notify. Trustee shall not be obligated to notify any other party of
a pending sale under any other trust deed or lien, or of any action or proceeding in which
Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the
action or proceeding is brought by Trustee.
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143 Trustee. Trustee shall meet all qualifications required for trustee under applicable
law. In addition to the rights and remedies set forth above with respect to all or any part of the
Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
the right to foreclose by judicial foreclosure, in either case in accordance with and to the full
extent provided by applicable law.
14.4 Successor Trustee. Lender, at Lender's option, may from time to time appoint a
successor trustee to any Trustee appointed hereunder by an instrument executed and
acknowledged by Lender and recorded in the office of the recorder for the County in which the
Real Property is located. The successor trustee, without conveyance of the Property, shall
succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by
applicable law. This procedure for substitution of trustee shall govern to the exclusion of all
other provisions for substitution.
15. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law, and
except for notice required or allowed bylaw to be given in another manner, any notice under this
Deed of Trust shall be in writing, may be sent by telefacsimile (unless otherwise required by
law), and shall be effective when actually delivered, or when deposited with a nationally
recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the
United States mail first class, certified or registered mail, postage prepaid, directed to the
addresses shown near the beginning of this Deed of Trust. Any party may change its address for
notices under this Deed of Trust by giving formal written notice to the other parties, specifying
that the purpose of the notice is to change the party's address. All copies of notices of foreclosure
from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's
address, as shown near the beginning of this Deed of Trust. Nothing contained in this Section
15, shall be interpreted or construed as consent of Lender to Grantor's change of residence or a
waiver of Grantor's promise and obligation to occupy of the Property.
16. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part
of this Deed of Trust:
16.1 Amendments. This Deed of Trust, together with any Related Documents;
constitutes the entire and final understanding and agreement of the parties as to the matters set
forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective
unless given in writing and signed by the party or parties should be to be charged or bound by
the alteration or amendment.
16.2 Applicable Law. This Deed of Trust has been delivered to Lender and accepted
by Lender in the State of Washington. This Deed of Trust shall be governed by and construed in
accordance with the laws of the State of Washington.
163 Caption Headings. Caption headings in this Deed of Trust are for convenience
purposes only and are not to be used to interpret or define the provisions of this Deed of Trust.
16.4 Merger. There shall be no merger of the interest or estate created by this Deed of
Trust with any other interest or estate in the Property at any time held by or for the benefit of
Lender in any capacity, without the written consent of Lender.
16.5 Successors and Assigns Bound; Joint and Several Liability; Co- signers. The
covenants and agreements of this Deed of Trust shall bind and benefit the successors and assigns
of Lender and Grantor, subject to the provisions of paragraph 6. Grantor's covenants and
agreements shall be joint and several. Any Grantor who co-signs this Deed of Trust, but does not
execute the Note: (a) is co- signing this Deed of Trust only to mortgage, grant and convey the
Grantor's interest in the Property under the terms of this deed of Trust; (b) is not personally
obligated to pay the sums secured by this Deed of Trust; and (c) agrees that Lenders and any
other Grantor may agree to extend, modify, forbear or make any accommodations with regard to
the terns of this Deed of Trust or the Note without the Grantor's consent. All obligations of
Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall
mean each and every Grantor. This means that each of the persons signing below is responsible
for all obligations in this Deed of Trust.
16.6 Severability. If a court of competent jurisdiction finds any provision of this Deed
of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not
render that provision invalid or unenforceable as to any other persons or circumstances. If
feasible, any such offending provision shall be deemed to be modified to be within the limits of
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enforceability or validity; however, if the offending provision cannot be so modified, it shall be
stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and
enforceable.
16.7 Successor and Assigns. Subject to the limitations stated in this Deed of Trust on
transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of
the parties, their successors and assigns. If ownership of the Property becomes vested in a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with
reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
16.8 Granto'r's Copy. Grantor shall be given a copy of the Note, of this Deed of Trust.
16.9 Waivers and Consents. Lender shall not be deemed to have waived any rights
under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall
operate as a waiver of such right or any other right. A waiver by any party of a provision of this
Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand
strict compliance with that provision or any other provision. No prior waiver by Lender, not any
course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights
or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is
required in this Deed of Trust, the granting of such consent by Lender in any instance shall not
constitute continuing consent to subsequent instances where such consent is required.
16.10 Applicability. This Deed of Trust applies to, inures to the benefit of, and is
binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators,
executors, successors and assigns. The term Lender shall mean the holder and owner of the Note
secured hereby, whether or not named as Lender herein.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF
THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. ,
GRANTOR(S):
Signature
FILL IN THE HOMEOWNER NAME
Printed Name
STATE OF WASHINGTON )
ss.
COUNTY OF )
Signature
FILL IN THE HOMEOWNER NAME
Printed Name
On this day personally appeared before me, FILL IN THE HOMEOWNER NAME to me known to be
the individual(s) described in and who executed the foregoing instrument, and on oath swore that
he /she /they executed the foregoing instrument as his /her /their free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seat this day of 120—
Notary Signature
Notary Printed Name
Notary Public in and for the State of Washington.
My commission expires
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EXHIBIT A
LEGAL DESCRIPTION
Insert Legal Description Here - Only needed if referenced Exhibit A in Legal Description on
Page 1.
84 10
COUNCIL MEETING DATE: October 20, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) TARGET ZERO TEAM (TZT)
INTERAGENCY FUNDING AGREEMENT 2015 -2016.
POLICY QUESTION: Should the City of Federal Way accept $23,900.00 in funds from the WTSC to conduct
high visibility enforcement traffic safety emphasis patrols in support of TZT objectives?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 10/13/2015
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT KURT SCHWAN DEPT: Police
Attachments:
1. PRHS & PS Memo
2. Interagency Agreement with WTSC
3. Acknowledgement of ViTSC Grant Requirements
Options Considered:
1. Accept Proposal
2 Reject Proposal
MAYOR'S RECommENDATIOri;4
MAYOR APPROVAL: 'TWrrCToR APPROVAL:
Co ttee Co cd
CHIEF OF STAFF: ��dt�t� f
COMMITTEE RECOMMENDATION: "I move to forward the proposal to accept funding in the amount of
$23,900.00 from the Washington Traffic Safety Commission for traffic safety emphasis patrols, to the October 20,
2015, City Council ConsentAgenda. "
Committee Chair Committ ee Member Committee Member
PROPOSED COUNCIL MOTION: `I move approval of the request to accept funding in the amount of
$23,900.00 from the Washington Traffic Safety Commission for traffic safety emphasis patrols and authorize
the Chief of Police to sign such agreement. "
(BELOW TO BE COWLETED BY CITY CLERKS OFFICE)
COU\CII, ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
• T.ABLED/DEFERRED/1NO ACTION Enactment reading
• MOVED TO SECOtiD READIING (ordinances only) ORDLNANCE #
REVISED— 08/12/2010 RESOLUTION #
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This Page Left Blank Intentionally
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CITY OF FEDERAL WAY
CITY COUNCIL COMNIITTEE STAFF REPORT
DATE: October 13, 2015
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Washington Traffic Safety Commission '(WTSC) Target Zero Team (TZT)
Interagency Funding Agreement 2015 -2016,
Background
The Federal Way Police Department is an active member of the regional WTSC TZT
enforcement emphasis. The FWPD utilizes funds provided by the WTSC to conduct
enforcement mobilizations throughout the year. These mobilizations include Holiday DUI
patrols, U text U drive U pay patrols, Click it or Ticket patrols, Cell Phone patrols, and Summer
DUI patrols. For the past several years, FWPD has been and continues to be a statistical leader
for these sponsored enforcement activities in south King County.
With the implementation of the "Nick and Derek DUI and Distracted Driving Enforcement
Project" the City of Federal Way continues to lead by example. Acknowledging the threat to our
community when people drive while intoxicated or distracted, the-city funded this program over
and above the funding received from the WTSC in order to make our streets safer.
Proposal
The WTSC has recognized the efforts of Federal Way Police Department to be a leader in traffic
safety for south King County and wishes to provide $23,900.00 in funding to conduct high
visibility enforcement traffic safety emphasis patrol for the 2015 -2016 state fiscal year. These
patrols would include impaired driving enforcement, distracted driving enforcement, seat belt
enforcement, speed enforcement, and motorcycle enforcement patrols.
I propose we accept the funding from the WTSC and continue to lead by example as it relates to
traffic safety in South King County and the City of Federal Way.
1
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INTERAGENCY AGREEMENT
BETWEEN
FEDERAL WAY POLICE DEPARTMENT AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the Federal Way Police
Department, hereinafter referred to as "AGENCY," and the Washington Traffic Safety
Commission, hereinafter referred to as "WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for the Federal Way Police
Departments to conduct multijurisdictional, high visibility enforcement (HVE) traffic safety
emphasis patrols (as outlined in Exhibit A), in support of Target Zero priorities. The Target
Zero Manager (TZM) and /or Law Enforcement Liaison (LEL) assigned to the AGENCY's
county shall coordinate the Scope of Work as outlined below with the goal of reducing
traffic related deaths and serious injuries.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The AGENCY shall conduct specific HVE patrols as described in the Statement of Work
attached as Exhibit A and as coordinated by the local TZM and /or LEL.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on October 1, 2015 and remain
in effect until September 30, 2016 unless terminated sooner, as provided herein.
COMPENSATION AND "CONDITIONS
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement
of Work will not exceed $23,900.00. Funds break down into the following enforcement overtime
categories:
Impaired Driving Patrols: $11,000.00
Grant Award # MAP -21 Section 405d; I CFDA # 20.616
Statewide Seat Belt Patrols: $1400.00
Grant Award # MAP -21 Section 405b; CFDA # 20.616
Stute'r'ride D'istra%L d Driving PatrviS:.'pir3l ; v.vii
Grant Award # Section 402; CFDA # 20.600
Flex Funding: $5000.00
(Local DUI, Speed, Distracted, and Seat Belt Patrols)
Grant Award # Section 402; CFDA # 20.600
Grant Award # MAP -21 Section 405d; CFDA # 20.616
Motorcycle Safety: $5000.00
Grant Award # Section 402; CFDA # 20.600
1
88
These funds shall not be commingled
utilized for the specified emphasis area.
SWV 0015957 -00
(Agency) Statewide Vendor Number
and are only to be
For each of the emphasis patrols listed above, Multiiurisdictional 'High Visibility
Enforcement Protocols, as outlined in Ekhibit B of this document, .will be followed.
Exceptions to these protocols may only be provided by the WTSC Program Manager.
Standardized Field Sobriety Testing (SFST) Training Requirement
The AGENCY certifies that all officers participating in traffic safety emphasis patrols are
SFST trained. To meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ARIDE), or
• Officer must be a certified Drug Recognition Expert.
SHIFT LENGTH: The AGENCY will not schedule individual officer overtime shifts for longer
than eight hours. (WTSC understands there may be instances when more than eight hours are
billed because of DUI processing, etc.)
RESERVE OFFICERS: The AGENCY certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount requested. Reserve
officers may only be paid at the normal hourly rate and not at the 1.5 overtime rate.
DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this
project providing Agency has received prior approval from the designated TZM.
ALLOWABLE COSTS: The AGENCY will provide commissioned law enforcement with
appropriate equipment (vehicle, radar, PBTs etc.) to participate in the emphasis patrols. WTSC
will reimburse for overtime at 1.5 times officer's normal rate plus AGENCY's contributions to
employee benefits including FICA, Medicare, Worker's Compensation and unemployment. The
total cost of salary and benefits shall not be exceeded in any one funding category and funds
may not be commingled between campaign areas.
P)
89
PERFORMANCE STANDARDS
Participating law enforcement officers are required to make a minimum of 3 self- initiated
contacts per hour of enforcement. Some violator contacts may result in related, time - consuming
activity. This activity is reimbursable. Other activities, such as collision investigation or
emergency response that are not initiated through emphasis patrol contact WILL NOT be
reimbursed.
BILLING PROCEDURE
The AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC
monthly. All invoices for reimbursement shall be submitted using the A -19 attached as Exhibit C
or its pre- approved; equivalent. Payment to the AGENCY for approved and completed work will
be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon
expiration of the Agreement, any claim for payment not already made shall be submitted within
45 days after the expiration date of this Agreement. All invoices for goods received or services
performed on or prior to June 30, must be received by WTSC no later than July 31. All
invoices for goods or services performed on or prior to September 30, must be received by
WTSC no later than November IS.
Claims for reimbursement must include:
a. Invoice Voucher (A19 Form).
1) Agency identified as the 'Claimants
2) Statewide Vendor Number
3) Federal Tax ID #
4) Original signature of the agency head, command officer or
contracting officer, and
5) Other information denoted by arrows on the form.
b. Payroll support documents (WTSC Proof Of Overtime Form, signed overtime slips, or other
agreed upon payroll documentation.)
c. Emphasis Patrol Activity Logs showing 3 or more self- initiated contacts per hour.
The Invoice Voucher (A19 Form), payroll supporting documents, and Emphasis Patrol Activity
Logs shall be submitted to the appropriate TZM or LEL for review and approval. The TZM will
forward these documents to WTSC for processing and payment.
OVERTIME REPORTING
The AGENCY agrees to have all personnel who work HVE patrols complete officer Emphasis
Patrol Activity Logs and submit to the local TZM or LEL within 48 hours of the end of all shifts
worked. These same logs will also be part of the required back -up attached to reimbursement
requests as outlined above (detailed above.)
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
contract shall be made by the WTSC.
90
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties. Upon agreement by the AGENCY and the local TZM, allocation categories may be
increased or decreased without amending this agreement PROVIDED THAT the increase in the
allocation does not exceed 50% of the original agreed amount for the specific category. Any
increase in allocation exceeding 50% will require an amendment to this document
STATE AND FEDERAL TERMS AND CONDITIONS
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the party, which consent shall not be unreasonably withheld. The AGENCY shall
provide the WTSC a copy of all third -party contracts and agreements entered into for purposes
of fulfilling the Statement of Work outlined in Exhibit A. All third -party awards must allow for the
greatest practical competition in accordance with applicable procurement rules and procedures.
ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to
bear its own attorney fees and costs.
BUYAMERICA ACT
The AGENCY will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which
contains:the following requirements:
Only steel, iron. and manufactured products produced in the United States may be purchased
with Federal funds unless the Secretary of Transportation determines that such domestic
purchases would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory 'quality; or that inclusion of domestic materials will increase the
cost of the overall project contract by more than 25 percent. Clear justification for the purchase
of non - domestic items must be in the form of a waiver request submitted to and approved by the
Secretary of Transportation.
CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
The AGENCY shall not use or disclose any information concerning the WTSC, or information
which may be classified as confidential, for any purpose not directly connected with the
administration of this contract, except with prior written consent of the WTSC, or as may be
required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49
CFR Part 18 for state and local agencies, OMB Circulars A -21 and A -110 for educational
4
91
institutions, and OMB Circular A -122 for_nonprofit entities. The AGENCY shall not utilize
Federal grant funds to replace routine and /or existing State or local expenditures; or utilize
Federal grant funds`for costs of activities that constitute general expenses required to carry out
the overall responsibilities of State, local, or Federally- recognized Indian tribal .governments.
COVENANT AGAINST CONTINGENT fEES-
The AGENCY warrants that no person or selling agent has been employed or retained to solicit
or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, excepting bona fide employees or bona fide established agents
maintained by the AGENCY for the purpose of securing business., The WTSC shall have the
right, in the event of breach of this clarase by the AGENCY, to annul this contract without liability
or, in its discretion, to deduct from the contract price or consideration or recover by other means
the full amount of such commission, percentage, brokerage or contingent fee.
DEBARMENT AND- SUSPENSION
instructions for Lower Tier=Certiflcation
1. By signing and submitting this proposal, the AGENCY (hereinafter in this section referred to
as "prospective lower tier participant") is providing the certification set out below:
2. The certification in this 'clause is a' material representation of fact upon which reliance was
placed when this transaction was entered into.' If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other, remedies
available to 4he Federal govemrnent, the department -or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction,` debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the Definition and Coverage
sections of 49 CFR'Part 29. You may contact the person to whom this proposal is submitted for
assistance in obtaining a copy of those regulations:
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered` transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and
Voluntary Exclusion' -- Lower Tier Covered Transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not proposed for debarment under
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92
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the List of Parties Excluded from Federal Procurement and
Non - procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible,
or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower
Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable
statutes and rules and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding on the parties hereto. As an alternative to this process, either
of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process will control
DRUG -FREE WORKPLACE
In accordance with the Drug -Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644),
the AGENCY shall publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace and shall specify the actions that will be taken against employees for violation of such
provision. The AGENCY shall establish a drug -free awareness program and require that
employees provide notification of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after such incident. The AGENCY shall notify WTSC
within ten days after such notification by an employee engaged in the performance of the grant.
Within 30 days, the AGENCY will take appropriate personnel action against such employee, up
to and including termination, and require the employee to participate satisfactorily in a drug
93
abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or
local health, law enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the AGENCY shall, upon request, provide WTSC the names and
total compensation of the five most highly compensated officers of the entity it
(i) the entity in the preceding fiscal year received-
1. 80 percent or more of its annual gross revenues in Federal awards;
11. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 4934 or section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been.paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee - of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub - award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the
state of Washington and any applicable federal laws. The provisions of this Agreement shall be
construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
a. Applicable state and federal statutes and rules;
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b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Contract;
d. Any Statement of Work executed under this Contract; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the AGENCY with respect to the conduct of the Statement of Work (e.g. sale
of publications, registration fees, service charges) must be accounted for and income applied to
project purposes or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by taw, the AGENCY shall indemnify, defend, and hold harmless
state, agencies of state and all officials, agents and employees of state, from and against all
claims for injuries or death arising out of or resulting from the performance of the Contract. The
AGENCY's obligation to indemnify, defend, and hold harmless includes any claim by the
AGENCY's agents, employees, representatives, or any subAGENCY or its employees
The AGENCY expressly agrees to indemnify, defend, and hold harmless the state for any claim
arising out of or incident to AGENCY's or any subAGENCY's performance or failure to perform
the Contract. The AGENCY's obligation to indemnify, defend, and hold harmless the state shall
not be eliminated or reduced by any actual or alleged concurrent negligence of state or its
agents, agencies, employees and officials.
The AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the perform_ ante of this Agreement
shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
LICENSING ACCREDITATION AND REGISTRATION
The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation
and registration requirements /standards, necessary for the performance of this contract.
NONDISCRIMINATION
The �iJ I comply with all Federal statutes and implementing regulations relating
to nondiscrimi tion.74iese include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352), which prohibits discrimination on the
basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and
1685 - 1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the
Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et
seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits
discrimination on the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100 -259), which requires Federal -aid
recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of
their programs and activities;
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(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C.
290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records;
(i) Title Vill of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
(j) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
In the event the CONTRACTOR is in non- compliance or refuses to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further
contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in
which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
POLITICAL ACTIVITY (HATCH ACT)
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the
political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the service(s) described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by
either party, the Office of the State Auditor, and federal officials so authorized by law. All books,
records, documents, and other material relevant to this Agreement will be retained for six years
after expiration and the Office of the State Auditor, federal auditors, and any persons duly
authorized by the parties shall have full access and the right to examine any of these materials
during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without first
giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each
party will utilize reasonable security procedures and protections to assure that records and
documents provided by the other party are not erroneously disclosed to third parties.
RIGHT OF INSPECTION
The AGENCY shall provide right of access to- its facilities to the WTSC, or any of its officers,, or
to any other authorized agent or official of the state of Washington or the federal government, at
all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this contract.
96
The AGENCY shall make available information necessary for WTSC to comply with the right to
access, amend, and receive an accounting of disclosures of their Personal Information
according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any
regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of
Washington State law. The AGENCY shall upon request make available to the WTS and the
U.S. Secretary of the Department of Health & Human Services all internal policies and
procedures, books, and records relating to the safeguarding, use, and disclosure of Personal
Information obtained or used as a result of this contract.
RIGHT&IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as
defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of
Washington. In the event the Materials are not considered "works for hire' under the U.S.
Copyright laws, the AGENCY hereby irrevocably assigns all right, title, and interest in data,
including all intellectual property rights, to the WTSC effective from the moment of creation.
Data shall include, but not be limited to data, reports, documents, pamphlets, advertisements,
books, magazines, surveys, studies, computer programs, films, tapes, and/or sound
reproductions. Ownership includes the right to copyright, patent, register, and the ability to
transfer these rights.
The AGENCY may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain
acknowledgment of the support provided by the National Highway Traffic Safety Administration
(NHTSA) and the WTSC. Any discovery or invention derived from work performed under this
project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to
protect the public interest.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or- limited in any
way after the effective date of this contract and prior to normal completion, the WTSC may
terminate the contract under the "Termination for Convenience" clause, without the ten day
notice requirement, subject to renegotiation at the WTSC's discretion under those new funding
limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this agreement, and to this end the provisions
of this Agreement are declared to be severable.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a
State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
10
97
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
TAXES
Ail payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the AGENCY or its staff shall be the sole responsibility of the
AGENCY.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the
other party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under
this Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within fifteen (15) working days. If failure
of violation is not corrected, this Interagency Agreement may be terminated immediately by
written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this contract, the WTSC may, by 10 days written notice,
beginning on the second day after the mailing, terminate this contract in whole or in part. If this
contract is so terminated, the WTSC shall be liable only for payment required underthe terms of
this contract for services rendered or goods delivered prior to the effective date of termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC'. ;Title to all
property furnished by the AGENCY, for the cost of which the AGENCY is entitled to be
reimbursed as a direct item of cost under this contract, shall pass to and vest inthe WTSC
upon delivery of such property by the AGENCY. Title to other property, the cost, of which is
reimbursable to the AGENCY under this contract, shall pass to and vest in the WTSC upon
(i) issuance for use of such property in the performance of this contract, or (ii)
commencement of use of such property in the performance of this contract, or (iii)
reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs.
2. Any property of the WTSC furnished to the AGENCY shall, unless otherwise provided herein
or approved by the WTSC, be used only for the performance of this contract.
3. The AGENCY shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the AGENCY or which results from the failure on the part of
the AGENCY to maintain and administer that property in accordance with sound
management practices. ,
4. If any WTSC property is lost, destroyed or damaged, the AGENCY shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
5. The AGENCY shall surrender to the WTSC all property of the AGENCY prior to settlement
upon completion, termination or cancellation of this contract.
6. All reference to the AGENCY under this clause shall also include AGENCY 's employees,
agents orSubAGENCYs.
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WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each' of the parties, for all
communications and billings regarding the performance of this Agreement:
e atttacifo ftteG�E[St�Clfs
�a y
Name: Kurt Schwan
Angie Ward
Title: Lieutenant
Program Manager
Mailing Address: 33325 8"' Avenue South`
PO Box 40944
Federal Way, WA 98003
Olympia, WA 88501 -0944
Phone: 253 -835 -6875
(360) 725 9888
Email: kurt.schwan @cityoffederalway.com
award @wtsc.wa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
FEDERAL WAY POLICE DEPARTMENT
Signature
Andy Hwana
Printed Name
Chief of Police I a. 3 a5
Title - 7 Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Chris Madill
Printed Name
Deputy Director
Title Date
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99
Exhibit A
STATEMENT OF WORK
1. GOAL: To reduce traffic related deaths and serious injuries through aggressive
impaired driving, occupant protection, speeding, motorcyde safety, and distracted
driving multijurisdictional HVE patrols.
2. SCOPE OF WORK:
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols, as part of the national effort,
for all or part of the following dates:
Holiday DUI Patrols; November 25, 2015 January 1, 2016
Drive Sober or Get Pulled Over Labor Day DUI Crackdown;
Auguste 19 - September 5, 2016.
These DUI patrols shall be deployed at locations where the data indicates that the
most traffic safety benefit can be realized as deterrriined by the local Traffic Safety
Task Force. Whenever possible statewide mobilization patrols shall begin after 4:00
p.m. and will occur Friday- Sunday.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the DUI
patrols.
Funds permitting, the local Task Force may coordinate local HVE DUI patrols during
the contract period. Dates may not coincide with any national /statewide or other
local flex patrols. Dates of local patrols will be reported in advance to the WTSC on
a quarterly basis by the county Target Zero Manager. Only work done on Task
Force/TZM pre- approved dates will be considered for reimbursement.
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt - focused patrols on some or
all of the following dates as part of the national effort:
Click it or Ticket - May 23 — June 5, 2016
These patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force. Whenever possible these patrols shall occur in areas with the lowest seat
belt use. Ideally, these patrols will not begin before 4:00 pm.
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100
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the seat
belt patrols.
Funds permitting, the local Task Force may coordinate local HVE seatbelt patrols
during the contract period. Dates may not coincide with any national/statewide or
other local flex patrols . Dates of local patrols will be reported in advance to the
WTSC on a quarterly basis by the county Target Zero Manager. Only work done on
Task Force/TZM pre- approved dates will be considered for reimbursement.
Distracted Driving
Agency may engage in multijurisdictional HVE distracted driving focused patrols, as
part of the national effort, for all or part the following dates:
U Drive. U Text. U Pay. — April 1 —14, 2016
These patrols shall be deployed at locations where the data indicates that the most
traffic safety benefit can be realized as determined by the local Traffic Safety Task
Force. Wherever possible these patrols shall occur in areas with the highest number
of distracted driving violations.
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the
distracted driving patrols.
Funds permitting, the local Task Force may coordinate local HVE distracted driving
patrols during the contract period Dates may not coincide with any
national /statewide or other local flex patrols. Dates of local patrols will be reported in
advance to the WTSC on a quarterly basis by the county Target Zero Manager.
Only work done on Task Force/TZM pre- approved dates will be considered for
reimbursement.
Motorcycle Safety Patrols - July 29, 2016 — August 14, 2016
These motorcycle safety patrols shall be deployed at locations where the data
indicates that the most traffic safety benefit can be realized as determined by the
local Traffic Safety Task Force.
Patrols should focus on the illegal and unsafe driving actions of motorcycles.
Patrols should also focus on the illegal and unsafe driving actions of all other motor
vehicles when relating to motorcycles. This includes failure to yield to a motorcycle,
following too closely to a motorcycle, etc.
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Whenever possible, AGENCY should include motorcycle officers in these patrols.
Local Speeding Patrols
Funds permitting, the local Task Force may coordinate local HVE patrols focused on
speeding drivers during the contract period. Dates may not coincide with any
national /statewide or other local flex patrols. Dates of local patrols will be reported in
advance to the WTSC on a quarterly basis by the county Target Zero Manager.
Only work done on Task Force/TZM pre- approved dates will be considered for
reimbursement.
CONDITIONS:
For each of the emphasis patrols listed above, Multilurisdictional High Visibility
Enforcement Protocols, as outlined in Exhibit B of this document will be
followed. These protocols are incorporated in their entirety to this document by
reference. Exceptions to these protocols may only be provided by the WTSC
Program. Manager.
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all officers participating in these patrols are
SFST trained. To meet this requirement:
• Officer must be BAC certified and have passed the SFST refresher
training within the prior three years, or
• Officer must have successfully completed Advanced Roadside Impaired
Driving Enforcement (ABIDE), or
• Officer must be a certified Drug Recognition Expert.
Media Contacts:
All of these patrols are conducted as part of a highly publicized, statewide effort. As
such, publicity campaigns about these patrols are planned to alert the public to the
fact that extra patrols are targeting these violations. Therefore, Agency must provide
the names of at least two agency officers who can be available for media requests
and niIQctionC_
*At least one of the individuals listed below must be available for weekend
media contacts, beginning at noon on Fridays before mobilizations:
Name/Title
a�sK_ as3- gas -��h�
a53 - av2_1-3191
Office Phone & e -mail
Kti...c �_- . s C. \, Lo-
�net'�• -t;o, .cAjs',
Name/Title
�io 3 IIQurt ' % cj4-- �jorCsle. LrcAiJ0,1 - Cash
Office Phorie & e -mail
c, .� a �c �C ed c c�-1 W • 00—N 15
102
Cell Phone Cell Phone
Available weekends per above?* 'Available weekends per above?*
Please return this signed MOU no later than October 15, 2015 to your
Target. Zero Manager.
John Pagel
Kent Police Department
220 4th Avenue South
Kent, WA 98032
Target Zero Manager will forward this signed document to:
Angie Ward, WTSC
621-8 th Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504 -0944
360.725.9888
103
16
Exhibit B
Multiiurisdictional High - Visibility Enforcement Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law
enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE)
mobilizations to address impaired driving, distracted driving, speeding, and seat belt use.
These mobilizations are funded by federal highway safety grants.
Goal
The goal of multijurisdictional high - visibility campaigns is to reduce fatal and serious injury
collisions through the coordination of:
• Publicity addressing increased enforcement, and
• Increased contacts and arrests of violators.
Method
Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional
HVE patrol activities to increase the number of officers working on impaired driving, distracted
driving, speeding, and occupant protection enforcement. Public education and media will be
coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement
activity will support the media effort by demonstrating to the public that the media messages are
true; i.e., that "extra enforcement patrols (with a particular focus) are going on nowt' so that the
public takes the media messages seriously.
The media work will support the police effort by encouraging voluntary compliance with the law.
The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising
the awareness of increased enforcement.
17
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws the attention of the
public to the enforcement activity.
• Multijurisdictional enforcement is defined as a minimum of three law enforcement
agencies (LEA's) or patrol units participating at a designated date and time, enforcing a
specific activity, in a location determined by.the local Target Zero Task Force.
104
Responsibilities
WTSC:
• Provide funding.
• Provide state /local traffic fatality and serious injury data.
• Coordinate paid media at the state level for statewide and local mobilizations (when
possible).
• Lead news media efforts for:
• Holiday DUI
• Click It or Ticket
• U Drive. U Text. U Pay.
• Motorcycle Safety
• Drive Sober or Get Pulled Over
• Summarize statewide enforcement activity.
• Report results to the National Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility Enforcement Mobilization
Plans.
• Submit local patrol plans for local DUI, seat belt, speeding, and distracted mobilizations
to the WTSC on quarterly basis:
Plans Due:
For local patrols planned from:
August 31, 2015
October 1 - December 31, 2015
October 31, 2015
January — March, 2016
January 30, 2016
Aril — June, 2016
April 30, 2016
1 July —September, 2016
*One yearly plan for local mobilizations may be submitted in lieu of four quarterly plans.
• Coordinate mobilization briefings.
• Lead news media and community outreach efforts for local mobilizations.
• Review and approve all MOUs, invoices, and other documentation before submission to
WTSC. This includes follow -up on incomplete invoicing paperwork and Emphasis Patrol
Activity Logs with unexplained low contacts.
• Submit statewide mobilization enforcement total sheet (by county) to WTSC within 72
hours of mobilization end date (hvetotals @wtsc.wa.gov)
• Submit local mobilization enforcement total sheet (by agency and task force) to WTSC
within two weeks of patrol end date (hvetotals @wtsc.wa.gov)
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Law Enforcement Agencies:
• Send a representative to local task force meetings to plan mobilization locations and exact
dates.
• Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and
during all mobilization dates.
• Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment
(vehicle, radar, etc.) to participate in multijurisdictional HVE patrols.
• Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to
enforce the impaired driving laws as outlined on page 2, section 3 of this agreement.
• Require all officers participating in multijurisdictional HVE patrols to attend mobilization
briefings.
• Ensure officers working the overtime conduct a minimum of three (3) self- initiated
contacts per hour.
This is an enforcement activity that is intended to apprehend violators. It is expected that a
Notice of Infraction /Citation (NOI /C) will be issued at contact unless circumstances dictate
otherwise. It is understood that violator contacts may result in related, time - consuming
activity. Such activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact (investigating collisions,
emergency responses, etc.) will be the responsibility of the contracting agency and
will not be reimbursed.
• Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC
Emphasis Patrol Activity Log.
Agency Initial DATE
TZM Initial
DATE
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WASH I N G T O N
T4rac fic Suety
C O M M I S S I O N
Agency: Federal Way Police Department
Project Number: 2015/16 HVE
Acknowledgement of WTSC Grant Requirements
When the authorizing official and the project manager sign the application for a WTSC
grant, they agree to comply fully with the terms and conditions set forth in the contract
as well as additional federal requirements outlined in the Electronic Code of Federal
Regulations for Federal Grants and Agreements: ( httv : / /www.ecfr.gov /cQi- bin/text
idx ?tpi= iecfrbrowse/T'dleO2/2cfr20o main 02API).
The WTSC provides all grant recipients an opportunity to ask questions or discuss
concerns about the terms and conditions of the grant. This opportunity may consist of
an in- person meeting or conference call, depending on the complexity of the project and
the recipient's level of experience with federal grants. Once this opportunity has been
provided, the grant recipient's project manager certifies to the grant requirements,
including the following elements:
•
Contract Provisions -
o Billing procedure
• Project Reporting
• Nondiscrimination
• Drug -Free workplace
• State Lobbying
o Political activity /Hatch Act
o Suspension & debarment
o Contract Termination
o Buy America Act
o Federal Lobbying
•
Project chap es and amendments
•
Quarterly and final reports
•
Third-party contracts
•
Indirect costs Cost Allocation Plan or Federal Cognizant
Agency rate approval letter)
•
Project Income Requirements
•
Promotional /Incentive Item Purchase Restrictions
•
Equipment urchases (approval and tracking requirements)
•
Travel rules State Administrative & Accounting Manual -htt : / /ofm.wa. ov/ lic /10.htm)
•
Light Refreshments Policy WTSC Policy #7.5- htto://
wtsc.wa.govlresources/policies/
•
Single audit requirements
•
Time keeping requirements
I understand the items listed above or they have been explained to me by
representatives of the Washington Traffic Safety Commission.
Agency Signature (Grant Recipient)
107
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Date
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108
COUNCIL MEETING DATE: October 20, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ADELAIDE PARK PLAYGROUND EQUIPMENT REPLACEMENT
Policy Question: Should a purchase order (PO) in the amount of $110,913.80 be approved with KCDA
to replace the playground at Adelaide Park?
COMMITTEE: PRHSPS MEETING DATE: October 13,
2015
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason Gerwen, Parks & Facilities Manager DEPT: Parks
Attachments: lNone
Options Considered:
1. Authorize the Mayor to approve a PO in the amount of $110,913.80 with KCDA to replace the
playground Equipment at Adelaide Park?
2. Do not approve a PO in the amount of $110,913.80 with KCDA to replace the playground Equipment at
Adelaide Park and Drovide direction to staff.
MAYOR'S RECOMMENDATION ;Option 1
MAYOR APPROVAL:
CIIIEF OF STAFF:
��MXCTOR APPROVAL:
� initial, ate
COMMITTEE RECOMMENDATION: I move to forivard the recommendation to authorize the Mayor to approve a
PO in the amount of 5110,913.80 to KCDA to replace the playground Equipment at Adelaide Park to full Council
for the October 20. 2015 consent agendafor approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move the approval of authorizing the _'Mayor to approve a PO in the amount
of 8110, 913.80 with KCDA to replace the playground Equipment at Adelaide Park".
(BELOW To BE CO3IPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
i'r reading
❑ TABLEDlDEFERRED N0 ACTION
Enactment reading
❑ NIOVED TO SECOND READING (ordinances only
ORDINANCE #
REVISED — 112415
RESOLUTION #
109
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110
SUBJECT: ENCREASE THE COMPENSATION OF THE HENDERSON PARTNERS CONTRACT FOR TOWN SQUARE PARK
IMPROVEMENTS
POLICY QUESTION: Should the Council authorize an increase to the compensation of the Henderson Partners
contract?
COMMITTEE: PRHSPS Committee MEETING DATE: Oct 13, 2015
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
{� City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY. Stephen Ikerd, Parks Deputy Director DEPT Parks
_ _ __.. ._._ -- -_ .._..
___. .. ---
Attachments: Henderson Partners contract compensation increase memo.
Options Considered:
1. Authorize a compensation increase for Town Square Park improvements in the amount of $68,037.03
to Henderson Partners and authorize the Park Director to sign associated change orders.
2. Do not authorize a compensation increase for Town Square Park improvements to Henderson Partners and
Drovide direction to staff.
MAYOR'S RECOMMEND_A.TION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
Council
%6115 DIRECTOR APPROVAL:
� A Committee
COMMITTEE RECOMMENIIATION: I move /o &thorize a compensation increase for Town Square Park
improvements in the amount of $61,832 -03 with a 10% contingency for a total increase of $68,036.01, for a contract
total of $399,831.40 to Henderson Partners and forward to the October 20, 2015 City Council owa&ent- agenda for
approval. bI,So,nx..s-->
Susan Honda, Chair Dini Duclos, Member Martin Moore, Member
PROPOSED COUNCIL MOTION: " I move to authorize a compensation increase for Town Square Park
improvements in the amount of $68,03 7.03 to Henderson Partners, for a total contract amount of S599,831.40
and authorize the Park Director to sign, associated change orders. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED /DEFERREDINO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12;2010 RESOLUTION #
111
CITY OF
4Z��
Federal Way
Parks Department
Date: Sept 30, 2015
To: PRHSPS Council Committee
Via: Mayor Jim Ferrell
John R Hutton., Director of Parks.
From: Stephen Ikerd., Deputy Director of Parks
Subject: Henderson Partners contract compensation increase
Background:
Council approved a recent contract award of $488,393.03 to Henderson Partners for Town
Square Park Improvements. The contract scope of work included demolition, grading, supply
and placement of topsoil, irrigation and hydro - seeding of the turf areas. Included in the contract
amount was 10% contingency of $44,339.00.
Due to some old theatre footings being in the way and the addition of recent LID upgrade
features it is more cost effective to add more prep work to the current contract than to bid new.
The original 10% contingency will not be sufficient to cover unforeseen conditions and upgraded
LID work associated with earthworks, so staff is requesting authorization to increase the
compensation of the current Henderson Partners contract by $68,037.03 shown below in the
summary including 10% contingency.
Summary of the original $44,339.00 10% contingency expenditures to date:
Change Order 1 - $9,307.50 - Rain garden excavation and associated grading.
Change Order 2 - $4,265.03 - Demolition of a section of buried theatre foundation.
Change Order 3 - $23,485.56 - Digging the perimeter path and grading.
Change Order 4 - $6343.34 - Digging & rock the perimeter path deeper to meet LID specs.
Sub total $43,401.43
Additional recommended change order work for this contract:
Change Order 5 - $28,128.36 - Plaza install pervious rock base for LID & event improvements.
Change Order 6 - $14,454.00 - Add electrical conduit for path lights per land use requirements.
Change Order 7 - $3,255.84 - Add a 6" drain system to handle roof drain and water feature.
Change Order 8 - $16,013.83 - Change portion of parking to pervious asphalt for LID upgrade.
Sub total $61,852.03
Recommendation:
Authorize an increase of $61,852.03 and 10% contingency to cover the increased cost for the
upgraded related LID and code work that is more cost effective using the current mobilized
contractor.
Financial Summary:
$488,393.03 - Original contract amount.
$43,401.43 - Previous changes orders.
$61,852.03 - New compensation increase request.
$6,185.00 - New 10% contingency on new compensation
$599,831.49 - New Contract amount 112
COUNCIL MEETING DATE: October 20, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENT TO FWRC 6.40.030 RELATING TO FORGERY, NON - FELONY
POLICY QUESTION: Should the City Council act to modify FWRC 6.40.030 to clarify the jurisdictional
element of the crime?
COMMITTEE: PRHSPSC MEETING DATE: Oct 13, 2015
CATEGORY:
❑ Consent ® Ordinance ❑ Public hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Ryan Call, Assistant City Attorney DEPT: Law
Attachments: 1. Proposed ordinance
Background: In 2009 when the misdemeanor Forgery ordinance was modified to increase the jurisdictional maximum from
$600 to $1000, an additional "or" was inadvertently placed after FWRC 6.40.030(l)(b). This potentially undermines the
jurisdictional element of the crime. The proposed amended ordinance removes this extra word.
Options Considered:
(1) Adopt the proposed amendment to FWRC 6.40.030 to remove the extra "or."
(2) Decline to adopt the ordinance as proposed and provide direction to staff.
MAYOR'S RECOMME ION: Adopt the proposed ordinance.
MAYOR APPROVAL: 4 D] RECTOR APPROVAL: AAp q Z I S
flee Coun Initi e
InitialMate initi ate
CIIIEF OF STAFF: �w �l 7cf1 L+•L►,
ee councar
aUDate Initi ate
COMMITTEE RECOMMENDATION: "I move to forward the proposed ordinance for First Reading on October 20,
2015.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1s'r READING OF ORDINANCE (OCT 20): "I move to forward the proposed ordinance to the November 3, 2015
Council Meeting for second reading and enactment. "
21YD READING OF ORDINANCE (NOV 3): "I move approval of the proposed ordinance. "
(BEL0W TO BE COMPLETED BY CITY CLERICS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) 113 ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to Forgery, nonfelony; amending FWRC 6.40.030. (Amending
Ordinance Nos. 09 -601 and 02 -429.)
WHEREAS, the City Council of Federal Way previously found that adoption of certain
state criminal procedures, a general adoption of state misdemeanors, and adoption of certain
criminal enforcement provisions was beneficial to the City and certain Code provisions needed
to be modified to -match state law requirements;
WHEREAS, when FWRC 6.40.030 was modified in Ordinance No. 04 -601, the
inadvertent addition of the word "or" created an arguable legal flaw;
WHEREAS, the City Council of Federal Way finds that it is in the best interests of the
citizens to update FWRC 6.40.030 to maintain its enforceability;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 6.40.030 is hereby amended to read as follows:
6.40.030 Forgery, nonfelony.
(1) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud:
(a) He falsely makes, completes, or afters a written instrument; or
(b) He possesses, utters, offers, disposes of, or puts off as true a written instrument that
he knows to be forged;_
(c) The total amount of loss by the victims of the forgery is less than $1,000.
(2) Forgery, nonfelony, is a gross misdemeanor.
(3) This section is intended to supplement city jurisdiction in cases of forgery declined by the
county. If a person is charged with forgery under state law for a particular incident, they shall not
Ordinance No. 15-
114
Page I of 3
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be charged under this section. if a state agency wishes to charge a forgery case under state law
the city shall dismiss its case to allow that to happen.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
Ordinance No 15-
115
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PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 15-
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