06-16-2015 US Dept. of HousingPreliminary
Application to the U.S. Department of Housing and Urban
Development
Section 108 Loan Guarantee Program
Federal Way Loan Fund
Federal Way Performing Arts & Events Center
In the amount of $3,030,000
Submitted by
The City of Federal Way, Washington
June , 2015
APPLICATION FOR FUNDING
City of Federal Way, Washington
June J 2016
Prepared by: City of Federal Way Department of Community Development
City of Federal Way, Washington
33325 8th Ave. S
Federal Way, WA 98003
253 - 835 -2650
253 - 835 -2609 (FAX)
www.ci.federal - way.wa.us
CHIEF ELECTED OFFICIAL
Mayor Jim Ferrell
33325 8th Ave. S
Federal Way, WA 98003
Phone: 253 -835 -2400
mayor @cityoffederalway.com
STAFF CONTACT
Jeffrey Watson, Community Services Manager
Community Development Department
33325 8th Ave. S
Federal Way, WA 98003
253 - 835 -2650
253 - 835 -2609 (FAX)
jeff.watson @cityoffederalway.com
CONSULTANT CONTACT
Chuck Depew
National Development Council
10159 NE Garibaldi Loop
Bainbridge Island, WA 98110
cdepew @nationaldevelopmentcouncil.org
ADMINISTERING AGENCY
The City of Federal Way currently receives Community Development Block Grant
(CDBG) funding on an annual entitlement basis from the U.S. Department of Housing
and Urban Development (HUD). A Mayor - Council form of government governs the
City, meaning there is a full -time, elected Mayor and a part -time, seven - member City
Council, who are elected to four -year terms. The Mayor has administrative and
executive responsibility; whereas, the City Council has legislative responsibility.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 2
Together they approve all HUD - funded projects. The Department of Community
Development, with support from the City's Human Services Commission, also reviews
and recommends proposed projects prior to review by the Mayor and action by the City
Council. The Department of Community Development is the designated department
administering HUD funds on behalf of the City of Federal Way.
Project Location: 31510 20th Avenue South, Federal Way, WA 98003
Census Tract #53033030006
Project Owner: City of Federal Way, Washington
CDBG National Objective: 24 CFR 570.208 (a)(4)(vi)(F)(i) Job Creation
CDBG Eligible Activity: 24 CFR 570.703 (1)
Acquisition, construction, reconstruction, rehabilitation, or
installation of public facilities (except for buildings for the
general conduct of government), public streets, sidewalks,
and other site improvements and public utilities.
24 CFR 570.703 (g)
Payment of Issuance, underwriting, servicing, trust
administration and other costs associated with the private
sector financing of debt obligations under this subpart.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 3
a
Introduction
The City of Federal Way ( "City") is submitting this application for funding under the
Section 108 Loan Guarantee program specified under 24 CFR 570.703. The City initially
applied for a Section 108 Guaranteed Loan Fund, which was approved by HUD under
Funding Approval /Agreement B- 13 -MC -53 -0015, amended May 15, 2014. This is the
first application for funding submitted under that Loan Fund.
The City of Federal Way
Federal Way is the 11th largest city in the state of Washington. The City, which occupies
22.26 square miles, is located in King County, between Tacoma and Seattle (See
Appendix A). According to the 2014 estimates from the Washington State Office of
Financial Management, the City's population is 90,150, an increase of 8.3% from 2000.
As the City continues to experience substantial growth in terms of overall population,
there is also an increase in its poverty rate.
According to the U.S. Census Bureau, 15.4% of all people living in Federal Way had
incomes at or below the poverty level between 2007- 2011. That figure increases to
35.7% for female heads of household with children. The median family income is
$55,846 for Federal Way, compared to $70,567 in King County and $61,856 in Seattle.
Data from the American Communities Survey (ACS) also indicates that 40.2% of Federal
Way households are renters, as opposed to homeowners. Of all Federal Way renters,
44.1% (7,100 households) are carrying a serious housing burden by paying 35% or more
of their income towards rent.
Statement of Development Objectives 24 CFR570.704(a)i(A)
The City of Federal Way ( "City") seeks funding in an amount not to exceed $3,030,000,
under the Section 108 Loan Guarantee Program administered by the U.S. Department of
Housing and Urban Development (HUD) under 24 CFR 570. These funds, if approved,
will be used to assist with economic and community development within the City's
Town Center redevelopment area (Please see the Image at Appendix B). The loan will
fund a portion of the costs associated with the design and construction of the Federal
Way Performing Arts & Events Center. The Performing Arts & Events Center is to be
located on a 3.9 -acre site that formerly housed a "Toys 'R' Us" store and associated
parking. The Performing Arts & Events Center is the catalyst for redevelopment of the
Town Center and surrounding City Center transformation that will establish a clearly
defined "downtown" in Federal Way. This redevelopment is a long held desire of the
community, demonstrated by the emphasis it is given in the City's Comprehensive Plan.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 4
The Performing Arts & Events Center is an economic development project and public
facility consistent with 24 CFR 570.703 (1).
"Acquisition, construction, reconstruction, rehabilitation, or installation of public
facilities (except for buildings for the general conduct of government), public streets,
sidewalks, and other site improvements and public utilities."
Loan funds may also be used for HUD closing costs and are consistent with 24 CFR
570.703 (g):
"Payment of Issuance, underwriting, servicing, trust administration and other costs
associated with the private sector financing of debt obligations under this subpart."
The need for the proposed facility is to reverse multiple factors. These include the
following:
• Unemployment;
• Poverty Levels;
• Low Education Level Attainment; and
• Lack of a Community Facility for the City's ethnically diverse arts and culture.
These elements, individually or collectively, inhibit the prosperity of the residents of the
City of Federal Way.
Project Description
Project Location and Community Development Context
The Performing Arts & Events Center project is located within the Town Center portion
of the Federal Way City Center area identified in the City's Comprehensive Plan (Please
see the Maps at Appendices C and D). The City Center is a 176 -acrea area immediately
west of Interstate -5, along South 320th Street. The Town Center area is located north of
South 320th Street, between 20th Avenue South and 23rd Avenue South, along South 316th
Street. The Performing Arts & Events Center is on the north side of South 316th Street.
The Performing Arts & Events Center is part of the Town Center area within the City
Center. The Performing Arts & Events Center is identified as Town Center I. The Town
Center also includes the Town Square Park (Town Center II), which is located on the
south side of South 316th Street, immediately across the street from the Performing Arts
& Events Center. Additionally, the 7.5 -acre parcel adjoining the Performing Arts &
Events Center site to the east is the Town Center III site, slated for redevelopment in
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 5
connection with the Performing Arts & Events Center. (Please see Maps at Appendices
E and F)
The subject site is an excellent example of the economic and demographic area intended
to be served by CDBG and Section 108. The site is in a SBA Hub Zone and Local
Redevelopment Area, and is located in an eligible census tract, 53033030006. The tract
has nearly 80 percent low- and moderate - income households. It has 11.6 percent
unemployment and median income of 69.52 percent of area median income (AMI).
Additionally, the site is located across the street from a "Severely Distressed" census
tract, 53033030313, which has a 16.2 percent poverty rate and median income of 54.4% of
AMI and an unemployment rate that has been in excess of double digit level with a
labor force that remains woefully under - employed. (Please see the Map at Appendix G)
Description
Beginning with_incorporation as a city in 1990, Federal Way has been making steady
progress in transforming the City Center from what was originally developed as an
auto - oriented, low- density, suburban commercial district into an urban center. The
City's recent economic development efforts have had a particular focus on City Center
redevelopment. This emphasis is intended to create economic diversification and
encourage public /private partnerships. One of the key projects slated to serve as a
transformational catalyst for the City Center's redevelopment is the proposed
Performing Arts & Events Center.
The City's 2010 Comprehensive Plan and the forthcoming 2015 Major Update to the
Comprehensive Plan dedicate an entire chapter to the goals of the City Center, which is
designed to create a definable downtown or "urban center" that serves as the social and
economic focus of the City. An essential component of this is the Performing Arts &
Events Center, as the catalyst project that helps create a defined urban place around
which redevelopment at urban density levels can occur. The Federal Way Performing
Arts & Events Center was conceived to fulfill two primary objectives within the City and
do so in a way that creates jobs for low- and moderate - income persons in Federal Way.
The first of the objectives: it will meet the need for a major multi- purpose public facility
that combines 1) publicly available physical gathering space and meeting rooms that
serve a variety of community groups throughout the City for community gatherings,
events, and cultural celebrations; 2) a performing arts venue and support for
extracurricular training opportunities in the performance arts; and 3) a culinary arts
training program. Second, the Performing Arts & Events Center will be strategically
sited in a prominent location that is designed to serve as a landmark and key anchor
development within the defined City Center.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 6
With the dual purposes in mind, the Performing Arts & Events Center serves as a
unique example of an important public facility on which future economic development
depends and creates multiple avenues of eligibility within HUD guidelines.
The design underway is for a 41,000- square foot multipurpose facility on a 3.9 -acre site
(Please see the Site Plan at Appendix H), housing flexible conference and auditorium
facilities, a performance hall, a commercial kitchen, and a culinary arts program serving
Native Americans.
• This 41,000- square -foot building will be sited in a prominent, elevated location in
the heart of Federal Way, and take advantage of expansive views of Mt. Rainier
and the surrounding territory.
• The facility includes a 700 -seat theater /auditorium.
• The building will contain 8,000 square feet of conference room space that will
support 500 seats for cultural and educational activities.
• The facility will include a publicly accessible lobby and a generous outdoor
public plaza.
• The Performing Arts & Events Center will be a multipurpose venue intended to
accommodate theatrical, musical, dance, artistic and spoken -word performances
in the two -tiered auditorium.
• The Performing Arts & Events Center is intended to accommodate a growing
local demand for performance space by numerous community performance
companies, as well as serve as a South King County venue for touring acts and
performance series.
• Conferences, seminars, meetings, and other assembly events will also take place
in both the auditorium and the conference facilities.
• A key feature of the proposed Performing Arts & Events Center is its
programmatic commitment to addressing the Federal Way community's diverse
array of constituencies and attendant needs: from lower- income and
disadvantaged communities' needs for meeting and gathering space, to a gamut
of ethnic communities' needs for performance, gathering, and meeting space, to
enhancing opportunities for Federal Way Public School District students to learn
about the performance arts and production technical skills.
• A commercial kitchen and other support facilities in the Center will
accommodate the widest possible range of events, in addition to being the hub of
the culinary arts program.
• To meet the employment needs of the unemployed and under- employed in
Federal Way, and from the nearby reservations of Indian tribes, a unique
partnership is being formed with the City of Federal Way, the Muckleshoot
Indian tribe, Washington State University, Ovation Food Service, and Renton
Technical College. The intent is to utilize the facility as a component of a Native
American Culinary Arts Institute. The purpose is to help train and employ
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 7
Native Americans and low- income persons, specifically the targeted population
of the unemployed and under- employed interested in pursuing education in the
growth- oriented sector and profession of food service.
■ The estimated cost for the Federal Way Performing Arts & Events Center is
approximately $33,899,402. The Center will be funded by a variety of sources,
including City funds, State funds, King County- 4Culture grant monies, naming
rights, sponsorships, donations, contributions, and potentially Federal New
Markets Tax Credits (NMTC). See "Development Sources and Uses" below for a
list of funding sources.
Community Impact
As noted above, he need for the proposed facility is to address multiple factors. Federal
Way has a large population living in poverty and such a facility, both by itself and in
concert with expected other development, will create job opportunities within the
community. The Performing Arts & Events Center will serve educational goals as well,
providing a variety of opportunities from theatrical, musical, lecturer, gallery and vo-
tech training. Such a facility can act as a catalyst for the purposes of educational
attainment, helping to reverse the trend of low educational attainment in Federal Way.
Also, there is no such facility that currently exists in the Federal Way area. The need for
such a facility has resonated for some 25 years. Federal Way is comprised of one of the
highest concentrations of ethnically diverse people in the region. With over 112
languages spoken in the Federal Way Public Schools District, Federal Way experiences
enormous cultural, linguistic, and socioeconomic diversity. This much - needed facility
will be made available with a sliding scale of rental costs to enhance availability to a
diverse array of local cultural and community-based groups use throughout the year.
Economic Benefits
As noted previously, the Performing Arts & Events Center is expected to be a catalytic
project that will lead to substantial additional development both adjacent to the project
in the Town Center and in the surrounding City Center area. The facility will directly
create approximately 49 FTE jobs and is expected to generate an additional 261 new FTE
jobs in the immediately surrounding developments as they move forward with the
Performing Arts & Events Center. Primary job focus for the Performing Arts & Events
Center will be in administration and maintenance, the majority of which positions will
be available to local low- and moderate - income persons. Hiring will be targeted to the
local population with City- assisted recruitment efforts. The proposed adjacent hotel, to
be developed concurrently with the Performing Arts & Events Center, will create an
additional 125 FTE jobs upon completion, with a particular emphasis on local hiring
though city- assisted outreach in the low- income community. In addition to the co-
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 8
located hotel facility, new, mixed use development on the Town Center III site,
immediately east of the Performing Arts & Events Center and the hotel, is expected to
create a minimum of 136 new FTE jobs. Without the Performing Arts & Events Center,
these developments would not occur. Many of the jobs anticipated to be created by the
adjacent development — ranging from service jobs to maintenance jobs to small
professional services providers — will fall within the low- to moderate - income range.
In addition to serving as a catalyst for further redevelopment and economic
development within the City Center, the Performing Arts & Events Center is intended to
address the needs and demands of a wide array of diverse community partners
representing ethnic communities, immigrant communities, youth and disadvantaged
people. As noted above, this includes the proposed Native American Culinary Arts
Institute. The purpose is to help train and employ Native Americans and low- income
persons, specifically the targeted population of the unemployed and under- employed
interested in pursuing education in the growth- oriented sector and profession of food
service.
PROJECT FINANCING AND SCHEDULE
Project Structure and Financing
Borrower:
Section 108 Loan Amount:
Proposed Term:
Interest Rate:
Use of Section 108 Funds
Entity to Undertake the Project:
Principal Developer:
Additional Sources of Capital:
City of Federal Way
$3,030,000
20 Years
HUD Section 108 floating rate based
on 20 basis points over 90 -day LIBOR
(currently 0.48% though forecasted at
0.50 %) until the rate is fixed by public
offering. The pro forma assumes a
fixed rate after Year 5.
Design costs and other "soft costs"
including legal and accounting, as well
as loan fees and closing costs.
City of Federal Way
City of Federal Way
See Development Sources And Uses
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 9
Statement of Sources and Uses
Total Development Cost: $33,899,402
The following represents a summary of the development costs for the Project.
DEVELOPMENT SOURCES AND USES
SOURCES OF FUNDS
State of Washington
LIFT Sales Tax (Future Years) Proposed State
$501,202
State Capital Funds (Future Years) - Proposed
$2,000,000
SUB -TOTAL
$2,501,202
King County
4 Culture Grant - Design (Future Years) - Proposed
$150,000
4 Culture Grant - Construction (Future Years) - Proposed
$2,000,000
Building for the Arts Grant (Future Years) - Proposed
$325,000
SUB -TOTAL
$2,475,000
Private Funds
Hotel Pad Sale (originally $1.0m)
$1,500,000
Facility Naming Rights (up to $3.5 million)
$2,250,000
Private Donation
$1,000,000
Net NMTC Equity
$9,662,789
SUB -TOTAL
$14,412,789
City Funds
CDBG Section 108 Loan
$3,030,000
City Appropriation
$11,480,411
SUB -TOTAL
$14,510,411
TOTAL SOURCES OF FUNDS
$33,899,402
USES OF FUNDS
Construction Costs
Construction Estimate
-
Washington State sales Tax
-
Contractor Overhead and Profit
-
Owner Contingency
-
SUB -TOTAL
$27,295,240
Project Soft Costs
Architect and Engineering
Other Professional Fees
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15
Page 10
Start -Up Costs
Permit and Fees
Amount Budgeted
Testing Cost
Soft Cost Contingency
SUB -TOTAL
$6,405,848
Concept site Planning and Design
$255,000
Financing Costs / Misc.
$895,000
Construction Period Interest
$198,314
Loans Fees, Financing Costs
$1,400,000
Construction Draw Monitoring Costs
$749,233
Title Insurance, Other Misc. Costs
$42,421
SUB -TOTAL
$198,314
TOTAL USES OF FUNDS
$33,899,402
Proposed Costs
The City has been working with the design team to prepare construction cost estimates
based upon actual design and corresponding materials and labor costs. Current
estimates are for design at the 60% plus stage. Final construction cost estimates are
expected in mid -July 2015. Once the design and construction cost estimates are final, the
City will secure a general contractor via a public bidding process and execute a contract
to confirm final construction costs including a contingency for cost overruns. The City
will reserve an estimated construction contingency of 5% after bids and soft cost
contingency of 5 %, both of which are consistent with customary underwriting
requirements for new construction projects.
The initial budget for the project is summarized below.
Development Cost Estimate
Description of Service
Amount Budgeted
Design /PM Consultants
Primary Project Design
Concept site Planning and Design
$255,000
Schematic Design Service
$895,000
For Land Use Application
$65,000
Design Development Services
$1,400,000
Lorax PM /CM
$749,233
PACC Site and concept planning (LMN 1)
$42,421
PACC Construction Doc /Admin (LMN 2)
$2,347,969
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 11
Design contingency /reimbursables
$260,000
Sub Totals
$6,014,623
Specialty Consultants /Inspections
Geotech, cost estimating, commissioning
$137,039
Testing /Inspection
$100,000
Building Permits /Plan Check
$40,000
Utility Access Charges
$50,000
Survey /Alta
$12,500
PACC Director
$100,000
NMTC Consultant
$150,000
Sub Totals
$589,539
Total for Design /Inspection/ Management
$6,604,162
Construction
Direct Construction Cost
$20,071,219
Insurance Bond /B &O
$242,025
Contractor Fee
$857,322
Construction Escalation
$1,100,898
Construction contingency
$2,000,000
State Sales Tax
$2,011,351
2% For - the -Arts
$401,424
Owners Allowance
$611,000
Sub Total for Construction
$27,295,239
Project Totals
$33,899,402
Repayment
Primary Source of Repayment
The Project is anticipated to take 17 months to construct and then begin operations.
While operations of the Performing Arts & Events Center are expected to break -even,
the facility cannot additionally service debt. The City of Federal Way is proposing to
repay the loan using a portion of its annual CDBG grant each year for the full 20 -year
term of the loan. In doing so, the City is pledging a portion of its future Community
Development Block Grant (CDBG) funds for repayment over the 20 -year term of the
loan. In anticipation of this need, a CDBG activity has been established within the City's
Consolidated Plan for 2015 -2019 and Annual Action Plan for 2015 to budget for required
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 12
payments. The annual debt service for the loan is expected to be approximately One
Hundred Sixty Thousand Dollars ($160,000) for the first full year. Over the term of the
loan, the annual debt service rises to a maximum of approximately Two Hundred Thirty
Four Thousand Dollars ($234,000). The amount needed for debt service each year will
be included in each Annual Action Plan for the full term of the loan. Based upon the
2015 annual grant amount, the annual debt service represents approximately 26 to 38
percent ( %) of the grant. This will result in the debt service amount being unavailable
for other eligible uses during the term of the loan.
Pledge of CDBG Guarantee
The City understands that, should it fail to make timely payments on the Section 108
project loan, HUD would deduct that payment from the City's annual CDBG allocation.
In accepting the Section 108 Guaranteed Loan, the City will pledge all current and future
grants made to the City or for which the City may become eligible as described in 24
CFR Part 570.705(b)(2) as additional security for the loans under the Loan Fund.
Schedule for City's Repayment of Loan
In requesting approval of this loan guarantee, the City is requesting a commitment for a
20 -year term. The City will act as the borrower and issue the guaranteed debt
obligations, consistent with RCW 35.21.735. The loan is anticipated to close and funds
be requested by September 2015. Therefore, the repayment period should run from 2015
through 2035. The schedule for repayment is shown in Appendix I.
Implementation Schedule
The project is underway, with the original selection of the design/development partner
in October 2012. Concept design was completed in March 2013 and full design
development level plans were completed in November 2014. Preparation of
construction documents is currently underway.
Major Tasks /Activities
Completion Date
City Council Approves Project and Authorization to
Proceed
June 2, 2014
Schematic design completed
November 2014
Full design and construction documents completed
July 2015
Public Bidding Process Begins
July 2015
Permitting completed
September 2015
Public Bid Opening and Awarding of Contract
September 2015
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15
Page 13
Closing on full financing
September 2015
Construction Commences
September 2015
Construction Complete
December 2016
Operations Begin
January 2017
Readiness
The City currently owns the site. On June 2, 2014, the City Council formally authorized
the development to continue forward with full design development, secure all
permitting, and commence construction. The facility will be owned and operated by the
City of Federal Way.
REGULATORY COMPLIANCE and PUBLIC BENEFIT
The City had already contemplated using Section 108 when it developed its current
Five -Year Consolidated Plan (2012 - 2016). The City of Federal Way's portion of the new
King County Consortium 2015 -2019 Consolidated Plan includes additional reference to
the use of a Section 108 Loan for the Performing Arts & Events Center, consistent with
the approved Loan Fund. Additionally, the City of Federal Way 2015 Annual Action
Plan includes as projects both the Performing Arts & Events Center and the portion of
the debt service expected in PY 2015.
The Consolidated Plan establishes local priorities consistent with national objectives and
goals of the US Department of Housing and Urban Development. National goals are:
• Expanded economic opportunities
• Decent housing
• Suitable living environments
The use of a Section 108 Loan for the Performing Arts & Events Center will support one
or more of the following objectives in the Consolidated Plan:
• Promote investment in low- income neighborhoods
• Leverage additional revenue to stimulate private development
• Help to promote the redevelopment of Downtown Federal Way
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 14
CDBG Regulatory Compliance
CDBG National Objective:
24 CFR 570.208
(a) Activities benefitting low- and moderate- income persons
(4) Job Creation or retention activities
(i) For an activity that creates jobs, the recipient must document that at least
51 percent of the jobs will be held by, or will be available to, low- and
moderate- income persons.
(F) Where CDBG funds are used for public facilities or improvements
which will result in the creation or retention of jobs by more than one
business, this requirement may be met by aggregating the jobs created
or retained by all such businesses as a result of the public facility or
improvement.
(1) Where the public facility or improvement is undertaken principally
for the benefit of one or more businesses, but where other
businesses might benefit from the assisted activity, the requirement
may be met by aggregating only the jobs created or retained by
those businesses for which the facility /improvement is principally
undertaken, provided that the cost (in CDBG funds) for the
facility /improvement is less than $10,000 per permanent full -time
equivalent job to be created or retained by those businesses.
(2) In any case where the cost per job to be created or retained (as
determined under paragraph (a)(4)(vi)(F)(1) of this section) is
$10,000 or more, the requirements must be met by aggregating the
jobs created or retained as a result of the public facility or
improvements by all businesses in the service area of the
facility /improvement. This aggregation must include businesses
which, as a result of the public facility /improvement, locate or
expand in the service area of the facility /improvement between the
date the recipient identifies the activity in its action plan under
part 91 of this title and the date one year after the physical
completion of the facility /improvement. In addition, the assisted
activity must comply with public benefit standards at 570.209(b).
(i)
To meet the above requirements, the $3,030,000 Section 108 loan would need to create
and /or retain a minimum of 303 FTEs ($3,030,000 / $10,000 = 303 jobs). The City
identified the project in its Consolidated Plan and Action Plan, dated
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 15
The City is focused on LMJ benefits through this project and its expected catalytic effect
on the surrounding area. The facility will directly create approximately 49 FTE jobs and
is expected to generate an additional 261 new FTE jobs in the immediate surrounding
developments as they move forward in response to construction of the Performing Arts
& Events Center. Primary job focus for the Performing Arts & Events Center will be in
administration and maintenance, the majority of which positions will be available to
local low- and moderate - income persons. Hiring will be targeted to the local population
with City- assisted recruitment efforts. A proposed adjacent hotel, to be developed
concurrently with the Performing Arts & Events Center, will create an additional 125
FTE jobs upon completion, with a particular emphasis on local hiring though city -
assisted outreach in the low- income community. In addition to the co- located hotel
facility, new, mixed use development on the Town Center III site, immediately east of
the Performing Arts & Events Center and the hotel, is expected to create a minimum of
136 new FTE jobs. Without the Performing Arts & Events Center, these developments
would not occur. Many of the jobs anticipated to be created by the adjacent
development — ranging from service jobs to maintenance jobs to small professional
services providers — will fall within the low- to moderate - income range.
Compliance with 24 CFR 570.703 — Eligible Activities
As noted above, the Performing Arts & Events Center is eligible under either 24 CFR
570.703(i) or 570.703(1). None of the projects assisted with Section 108 funds will be used
for the ineligible activities provided at 24 CFR 570.207.
Compliance with 24 CFR 570.209 — Guidelines and Objectives for Evaluating and
Selecting Economic Development Projects
All activities eligible under Section 570.203 and some eligible under 570.204 must meet
the requirements of Section 570.209. Section 570.209(b)(1) establishes the standards for
evaluating public benefit in the aggregate, Section 570.209(b)(2) applies those standards,
and 570.209(b)(3) establishes the standards for individual activities. All projects assisted
with the Section 108 loan fund to which Section 570.209 applies will comply with the
standards of subsections 570.209(b)(1), (2) & (3).
Public Benefit
24 CFR 570.209 (Public Benefit)
(a) Guidelines and objectives for evaluating project costs and financial requirements.
HUD has developed guidelines that are designed to provide the recipient with a
framework for financially underwriting and selecting CDBG- assisted economic
development projects which are financially viable and will make the most effective use
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 16
of the CDBG funds. These guidelines, also referred to as the underwriting guidelines,
are published as appendix A to this part. The use of the underwriting guidelines
published by HUD is not mandatory. However, grantees electing not to use these
guidelines would be expected to conduct basic financial underwriting prior to the
provision of CDBG financial assistance to a for - profit business. Where appropriate,
HUD's underwriting guidelines recognize that different levels of review are appropriate
to take into account differences in the size and scope of a proposed project, and in the
case of a microenterprise or other small business to take into account the differences in
the capacity and level of sophistication among businesses of differing sizes. Recipients
are encouraged, when they develop their own programs and underwriting criteria, to
also take these factors into account. The objectives of the underwriting guidelines are to
ensure:
1) That project costs are reasonable;
2) That all sources of project financing are committed;
3) That to the extent practicable, CDBG funds are not substituted for non - Federal
financial support;
4) That the project is financially feasible;
5) That to the extent practicable, the return on the owner's equity investment will
not be unreasonably high; and
6) That to the extent practicable, CDBG funds are disbursed on a pro rata basis
with other finances provided to the project.
(b) Standards for evaluating public benefit.
The grantee is responsible for making sure that at least a minimum level of public
benefit is obtained from the expenditure of CDBG funds under the categories of
eligibility governed by these guidelines. The standards set forth below identify the types
of public benefit that will be recognized for this purpose and the minimum level of each
that must be obtained for the amount of CDBG funds used. Unlike the guidelines for
project costs and financial requirements covered under paragraph (a) of this section, the
use of the standards for public benefit is mandatory. Certain public facilities and
improvements eligible under § 570.201(c) of the regulations, which are undertaken for
economic development purposes, are also subject to these standards, as specified in §
70.208(a)(4)(vi)(F)(2)•
Our benefit standard is 1 per $10,000
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 17
PUBLIC PARTICIPATION
The City has fulfilled the applicable requirements in accordance with 24 CFR
570.704(a)(2), and as specified in the Citizen Participation Plan. Opportunities for public
input were encouraged as follows:
Section 108 Loan Fund Application
• On July 5, 2013, the City published a Notice of Public Hearing on the Intent to
apply for a Section 108 Loan Fund in the Federal Way Mirror.
• In addition, the City made a copy of the proposed Section 108 Loan Fund
application available for public review and comment at the:
o City of Federal Way's Mayor's Office;
o the Federal Way Branch of the King County Library System, located at 34200
1st Way S;
o the Multi- Service Center, located at 1200 S 336th St.; and
o on the City's website at www.cityoffederalway.com.
• The 30 -day public inspection /comment period ended on August 4, 2013
• The City held a public hearing before the City Council on August 6, 2013, in
which the Council passed a resolution authorizing the Mayor to submit the
Section 108 Loan Fund application.
Section 108 Loan Application
• On May15, 2015, the City published a Notice of Public Hearing on the Intent to
apply for a Section 108 Loan in the Federal Way Mirror.
• In addition, the City made a copy of the proposed Section 108 Loan Application
available for public review and comment at the:
o City of Federal Way's Mayor's Office;
o City of Federal Way Community Development Department
o the Federal Way Branch of the King County Library System, located at 34200
1st Way S;
o the Federal Way Branch of the King County Library System, located at 848 S.
320th Street;
o the Multi- Service Center, located at 1200 S 336th St.; and
o on the City's website at www.cityoffederalway.com.
• The 30 -day public inspection /comment period ended on June , 2015
• The City held a public hearing before the City Council on June , 2015, in which
the Council passed a resolution authorizing the Mayor to submit the Section 108
Loan Fund application.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 18
Required Attachments:
1. SF424 - Application for Federal Assistance
2. Certifications
3. Public Process: Public notices and meeting minutes
4. Public Comments and City responses
Appendices:
A. Location Map for the City of Federal Way within the Puget Sound region
B. Town Center Redevelopment Area Rendering
C. Vicinity Map for City Center Redevelopment Area
D. Boundary Map for City Center Redevelopment Area
E. Area Map for the Performing Arts & Events Center
F. Area Map for the Town Center Redevelopment Area
G. Federal Way Areas of Low/Mod Income
H. Site Plan for the Performing Arts & Events Center
I. Repayment Table
J. Operating Pro Forma
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 19
Attachments
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 20
Attachment 1
SF424 Application for Federal
Assistance
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 21
OMB Number: 4040 -0004
Expiration Date: 8/31/2016
Application for Federal Assistance SF-424
* 1. Type of Submission:
Preapplication
Application
* 2. Type
of Application: ' If Revision, select appropriate letter(s):
r New
Continuation
Revision
' Other (Specify):
Application
Changed /Corrected
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
5b. Federal Award Identifier:
State Use Only:
6. Date Received by
7. State Application Identifier:
State:
8. APPLICANT INFORMATION:
* a. Legal Name: City of Federal Way
* b. Employer/Taxpayer Identification Number (EIN/TIN):
' c. Organizational DUNS:
91- 1962550
6125099010000
d. Address:
*Streetl:
Street2:
`City:
County /Parish:
`State:
Province:
*COUntry:
'Zip / Postal Code:
33325 8th Avenue S
Federal Way
WA: Washington
USA: UNITED STATES
98003 -6325
e. Organizational Unit:
Department Name:
Division Name:
Community Development
Community Services
f. Name and contact information of person to be contacted on matters involving this application:
Prefix:
* First Name:
Jeffrey
Middle Name:
* Last Name: Watson
Suffix:
Title: Community Services Manager
Organizational Affiliation:
* Telephone Number:
253 -835 -2650 Fax Number:
'Email: jeff .watson @cityoffederalway.com
Application for Federal Assistance SF-424
* 9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
Department of Housing & Community Development
11. Catalog of Federal Domestic Assistance Number:
CFDA Title:
* 12. Funding Opportunity Number:
* Title:
Section 108 Loan Guarantee Program
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
Add Attachment
Delete Attachment
View Attachment
* 15. Descriptive Title of Applicant's Project:
Federal Way Performing Arts & Events Center
Attach supporting documents as specified in agency instructions.
Add Attachments
Delete Attachments
View Attachments
1
Application for Federal Assistance SF-424
16. Congressional Districts Of:
* a. Applicant 9
* b. Program /Project 9
Attach an additional list of Program /Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17. Proposed Project:
* a. Start Date: 09/30/2015
* b. End Date: 12/31/2016
18. Estimated Funding (b):
* a. Federal
* b. Applicant
*c. State
*d. Local
' e. Other
' f. Program Income
*g. TOTAL
3, 030, 000.00
16, 370, 000.00
2, 000, 000.00
3,000,000.00
11,930,000:001
36,330,000.00
* 19. Is Application
a. This application
b. Program is subject
Subject to Review By State Under Executive Order 12372 Process?
was made available to the State under the Executive Order 12372 Process for review on
to E.O. 12372 but has not been selected by the State for review.
covered by E.O. 12372.
c. Program is not
* 20. Is the Applicant Delinquent On Any
Federal Debt? (If "Yes," provide explanation in attachment.)
Yes No
If "Yes ", provide explanation and attach
21. *By signing this application, I certify
herein are true, complete and accurate
comply with any resulting terms if I accept
subject me to criminal, civil, or administrative
(1) to the statements contained in the list of certifications ** and (2) that the statements
to the best of my knowledge. I also provide the required assurances ** and agree to
an award. I am aware that any false, fictitious, or fraudulent statements or claims may
penalties. (U.S. Code, Title 218, Section 1001)
or an internet site where you may obtain this list, is contained in the announcement or agency
** I AGREE
** The list of certifications and assurances,
specific instructions.
Authorized Representative:
Prefix: Mr.
* First Name: Jim
Middle Name:
* Last Name: Ferrell
Suffix:
* Title: Mayor
* Telephone Number: 253-835-2400 Fax Number:
* Email: Jim .Ferrell @cityoffederalway.com
' Signature of Authorized Representative:
* Date Signed:
Attachment 2
HUD Certifications
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 22
c§".. �E N T OF6,0
111111
7:4 IRMO
G
9'4l00°'
CPMP Non -State Grantee Certifications
Many elements of this document may be completed electronically, however a
signature must be manually applied and the document must be submitted in
paper form to the Field Office.
(l This certification does not apply.
® This certification is applicable.
NON -STATE GOVERNMENT CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will
conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to
overcome the effects of any impediments identified through that analysis, and maintain records reflecting that
analysis and actions in this regard.
Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing
regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation
assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as
amended, in connection with any activity assisted with funding under the CDBG or HOME programs.
Drug Free Workplace -- It will or will continue to provide a drug -free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug -free awareness program to inform employees about -
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the
grant, the employee will -
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of
such notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with
respect to any employee who is so convicted -
a. Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs 1, 2, 3, 4, 5 and 6.
Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief:
8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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;
9. 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, it will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying, " in accordance with
its instructions; and
10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the
jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance
with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are
consistent with the strategic plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing
regulations at 24 CFR Part 135.
Signature /Authorized Official
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
Date
❑ This certification does not apply.
® This certification is applicable.
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the
requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long -term community development
objectives that provide decent housing, expand economic opportunities primarily for persons of low- and moderate -
income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy)
that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that
it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and
moderate - income families or aid in the prevention or elimination of slums or blight. The Action Plan may also
include activities which the grantee certifies are designed to meet other community development needs having
a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare
of the community, and other financial resources are not available);
12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program
year(s) 2014 (a period specified by the grantee consisting of one, two, or three specific consecutive program
years), shall principally benefit persons of low- and moderate - income in a manner that ensures that at least 70
percent of the amount is expended for activities that benefit such persons during the designated period;
13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with
CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned
and occupied by persons of low- and moderate - income, including any fee charged or assessment made as a
condition of obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs
of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an
assessment or charge may be made against the property with respect to the public improvements financed by
a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds,
including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to
the capital costs of public improvements financed from other revenue sources. In this case, an assessment or
charge may be made against the property with respect to the public improvements financed by a source other
than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low- income)
families, an assessment or charge may be made against the property for public improvements financed by a
source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- It has adopted and is enforcing:
14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non - violent civil rights demonstrations; and
15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility
or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction;
Compliance With Anti- discrimination laws -- The grant will be conducted and administered in conformity with
title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and
implementing regulations.
Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of part 35,
subparts A, B, 3, K and R, of title 24;
Compliance with Laws -- It will comply with applicable laws.
Signature /Authorized Official
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
Date
This certification does not apply.
❑ This certification is applicable.
OPTIONAL CERTIFICATION
CDBG
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-
assisted activities, which are designed to meet other community development needs having a particular
urgency because existing conditions pose a serious and immediate threat to the health or welfare of the
community and other financial resources are not available to meet such needs.
Signature /Authorized Official
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
Date
Z This certification does not apply.
n This certification is applicable.
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental
assistance:
The use of HOME funds for tenant -based rental assistance is an essential element of the participating
jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe,
sanitary, and affordable housing.
Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described
in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as
described in § 92.214.
Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in
accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in
combination with other Federal assistance than is necessary to provide affordable housing;
Signature /Authorized Official
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
Date
E This certification does not apply.
n This certification is applicable.
HOPWA Certifications
The HOPWA grantee certifies that:
Activities -- Activities funded under the program will meet urgent needs that are not being met by available public
and private sources.
Building -- Any building or structure assisted under that program shall be operated for the purpose specified in
the plan:
1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or
acquisition of a facility,
2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or
structure.
Signature /Authorized Official
Date
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
® This certification does not apply.
❑ This certification is applicable.
ESG Certifications
I, , Chief Executive Officer of Error! Not a valid Zink., certify that the local government will
ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51.
have attached to this certification a description of the sources and amounts of such supplemental funds.
1 further certify that the local government will comply with:
1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency
Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for
the homeless; or when funds are used solely for operating costs or essential services.
2. The building standards requirement of 24 CFR 576.55.
3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the
homeless.
4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other
applicable federal laws concerning nondiscrimination and equal opportunity.
5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a
project assisted with these funds.
7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988.
8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures
to ensure the confidentiality of records pertaining to any individual provided family violence
prevention or treatment services under any project assisted with ESG funds and that the address or
location of any family violence shelter project will not be made public, except with written
authorization of the person or persons responsible for the operation of such shelter.
9. The requirement that recipients involve themselves, to the maximum extent practicable and where
appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating
facilities assisted under the ESG program, and in providing services for occupants of these facilities as
provided by 24 CFR 76.56.
10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures
applicable with respect to the environmental review responsibilities under the National Environmental
Policy Act of 1969 and related authorities as specified in 24 CFR Part 58.
11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities
for families that have received eviction notices or notices of termination of utility services will meet
the requirements that: (A) the inability of the family to make the required payments must be the result
of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family
or termination of the services to the family; (C) there must be a reasonable prospect that the family
will be able to resume payments within a reasonable period of time; and (D) the assistance must not
supplant funding for preexisting homeless prevention activities from any other source.
12. The new requirement of the McKinney -Vento Act (42 USC 11362) to develop and implement, to the
maximum extent practicable and where appropriate, policies and protocols for the discharge of
persons from publicly funded institutions or systems of care (such as health care facilities, foster
care or other youth facilities, or correction programs and institutions) in order to prevent such
discharge from immediately resulting in homelessness for such persons. I further understand that
state and local governments are primarily responsible for the care of these individuals, and that ESG
funds are not to be used to assist such persons in place of state and local resources.
13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and
the collection and reporting of client -level information.
I further certify that the submission of a completed and approved Consolidated Plan with its certifications,
which act as the application for an Emergency Shelter Grant, is authorized under state and /or local law,
and that the local government possesses legal authority to carry out grant activities in accordance with the
applicable laws and regulations of the U. S. Department of Housing and Urban Development.
Signature /Authorized Official
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
Date
❑ This certification does not apply.
® This certification is applicable.
APPENDIX TO CERTIFICATIONS
Instructions Concerning Lobbying and Drug -Free Workplace Requirements
Lobbying Certification
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.
Drug -Free Workplace Certification
1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency awards the
grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates
the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug -Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If
known, they may be identified in the grant application. If the grantee does not identify the workplaces at the
time of application, or upon award, if there is no application, the grantee must keep the identity of the
workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify
all known workplaces constitutes a violation of the grantee's drug -free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites
where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass
transit authority or State highway department while in operation, State employees in each local unemployment
office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall
inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph
three).
6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant: Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free
workplace is required by 24 CFR part 21.
Place Name
Street
City
County
State
Zip
City of Federal Way
33325 8fh Ave. S
Federal Way
King County
WA
98003
7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free
Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following
definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of
the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the Federal or State
criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the
employee of a grantee directly engaged in the performance of work under a grant, including:
a. All "direct charge" employees;
b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of
the grant; and
c. temporary personnel and consultants who are directly engaged in the performance of work under the
grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of
the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent
contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered
workplaces).
Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include:
1. Analysis of Impediments to Fair Housing
2. Citizen Participation Plan
3. Anti - displacement and Relocation Plan
Signature /Authorized Official
Jim Ferrell
Name
Mayor
Title
33325 8th Avenue S
Address
Federal Way, WA 98003
City /State /Zip
253 - 835 -2401
Telephone Number
Date
Attachment 3
Public Process (notices, meeting
minutes)
To be incorporated following the public comment period.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 23
Attachment 4
Public Comment /City Responses
To be incorporated as appropriate following the public comment period.
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 24
Appendices
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 25
Appendix A
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 26
City of Federal Way
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Appendix B
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 27
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Appendix C
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 28
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Appendix D
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 29
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Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 30
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Appendix F
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 31
Appendix G
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 32
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classified Low or Moderate Income
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Appendix H
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 33
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Appendix I
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 34
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Appendix J
Federal Way Performing Arts & Events Center
Preliminary Section 108 Loan Application — 5/15/15 Page 35
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