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Home My WebLink AboutFS 2009-09-09 COMPLETE AGENDA PACKET City of Tukwila Finance and Safety Committee ~ Pam Linder, Chair ~ Joe Duffie ~ De'Sean Quinn Distribution. P Linder J. Duffie D. Quinn J Hernandez D Robertson Mayor Haggerton R. Berry C. O'Flaherty B. Fletcher B. Giberson D Havnes S. Hunstock M. Hart V Jessop S. Kerslake K. Kertzman T Kinlow K. Matej M. Miotke G. Labanara D. Lincoln N. Olivas J Pace AGENDA WEDNESDAY, SEPTEMBER 9,2009 CONFERENCE ROOM #3; 5:00 PM !litem Action to be Taken 1 PRESENTAT!IION(S) 2. BUSINESS AGENDA a Acceptance of COPS Grant; Dave Haynes, Police Chief b Seattle Southside Visitor Center Lease, Derek Speck, Economic Development Administrator c. Solid Waste Utility Tax Ordinance, Shawn Hunstock, Finance Director d Approval of New Checking Account; Shawn Hunstock, Finance Director e Sales Tax Report; Shawn Hunstock, Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS a Forward to 9/14 C.O Wand 9/21 Regular b Forward to 9/14 C.O Wand 9/21 Regular c. Forward to 9/14 C.O Wand 9/21 Regular d Committee approval e Information only Next Scheduled Meeting: Tuesda~ September 22/ 2009 D Speck R. Still D Tomaso M. Villa Judge Walden B. Arthur C. Parrish J Eide K. NaroQ(cQver) S. KirbY(email) S. NOrriS(email) Page I Pg.1 Pg 59 Pg.83 Pg 91 Pg.93 Committee Goals: * Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road * Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (a/so assigned to CAP). * Research the viability of sponsoring a City-wide Citizens' Academy (a/so assigned to CAP). b. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 for assistance. City of Tukwila Jim Haggerlon, Mayor INFORMATIONAL MEMORANDUM TO Mayor Jim Haggerton Finance and Safety Committee FROM Assistant Chief Mike Villa DATE September 2, 2009 SUBJECT COPS Hiring Grant ISSUE The U S Department of Justice has awarded the city $928 308 to fund three full time police officers for 36 months BACKGROUND In March of this year the U S. Department of Justice Office of Community Oriented Policing opened solicitation for applications for funding of police officers under the COPS Hiring Recovery Program Applications required meeting two criteria - create and preserve jobs and increase community oriented policing capacity Up to $1 billion in grant funding was available nationwide We submitted our grant application in April with a request for eight officers. The COPS Office received applications totaling $8 billion In August we received notification of an award for $928,308 to fund three officers for 36 months. The award notification is dated July 28, 2009 The award must be signed and accepted by the Mayor on or before October 26, 2009 DISCUSSION The original grant application requested funding for eight officers, a Crime Prevention Commander, a Traffic Officer, and a six person Tukwila Urban District COP Team As stated above, funding was received for only three. In keeping with the grant purpose, original application, our mission, and our strategic plan, we recommend utilizing the funds for three - one sergeant and two officers - of the original six positions proposed under the COP Team For more details on the COP Team justification and concept see page 3 of 5 of the "Community Oriented Policing Proposal-New Hires." The COP Grant does not fund ancillary cost and further requires the city to retain all three positions utilizing local funds for an additional 12 months following the conclusion of the grant period Ancillary costs include, but are not limited to, professional testing and background fees, police vehicles, equipment, uniforms, workstations, bicycles, and the difference between the pay of an officer and a sergeant. The total anticipated cost for the 4-year period is $1,942,752 Grant revenue equals $928,308 Amount to be funded by the city is approximately $1,014,444 over four years. The appropriation required for the 2009/2010 budget is $288,485 Please see the budget worksheet attached for more details. INFORMATIONAL MEMO Page 2 There are three immediate options before the Council as follows o Option A - authorize the Mayor to accept the award with the proposed city contribution o Option B - authorize the Mayor to accept the award with changes to the city contribution o Option C - withhold authorization and thereby decline the award The Council may chose option "B" as there are non-grant funded expenditures on the budget worksheet that could be modified, however, reducing the level of funding would limit officer productivity and reduce levels of service RECOMMENDATION The Council is being asked to consider this item at the September 14 2009 Committee of the Whole meeting and subsequent September 21, 2009 Regular Meeting It is the recommendation from staff and the Mayor's Office that Council selects option "A" and authorizes the Mayor to accept the COPS grant in the sum of $928,308 It is further recommended that Council authorize a budget appropriation of $288 485 for the 2009-2010 budget. Funding source to be identified during the normal budget process ATTACHMENTS Copies of Award and Award Notification Terms and Conditions Copies of Financial Clearance & Funding Memorandums from DOJ City of Tukwila Budget Worksheet Community Oriented Policing Proposal-New Hires Copy of Original Application TUKWILA POLleE DEPARTMENT COPS HIRING GRAN'T PRESENTED TO FINANCE AND SAFETY COMMITTEE COUNCILMEMBER AND CHAIR PAM LINDER COUNCILMEMBER JOE DUFFIE COUNCILMEMBER DE'SEAN QUINN PRESENTED BY CHIEF OF POLICE DAVID HAYNES ASSIST ANT CHIEF MIKE VILLA WITH APPROVAL FROM. MAYOR JIM HAGGERTON SEPTEMBER 9, 2009 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT AWARD U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Avenue, N W Washington, DC 20530 July 28, 2009 Chief of Police David Haynes Tukwila Police Department 6200 Southcenter Boulevard Tukwila, WA 98188 Re: COPS Hiring Recovery Program Grant # 2009RKWX0885 ORl#' WA01723 Dear Chief of Police Haynes: Once again, I would like to congratulate you on receiving a COPS Hiring Recovery Program (CHRP) award. Your award is for 3 officer positions and $928,308 in federal funds over a three-year grant period. Your agency may now begin hiring or rehiring officers to fill CHRP grant-funded positions. Enclosed in this package is your grant award. The Award Document must be signed and returned to the COPS Office within 90 days to officially accept your grant. The Frequently Asked Questions (FAQ) document included in this package should be helpful in answering any questions you may have about accepting your award, or requesting additional time to do so Beginning on the reverse side of your A ward Document, you will find a total of three pages of CHRP Grant Terms and Conditions. You should read and familiarize yourself with all 16 terms and conditions that apply to your CHRP award. A supplemental online award package for CHRP grantees can be found at htto.//www.coos.usdoi.gov/Default.aso?Item=2271 We strongly encourage you to visit this site immediately to access a variety of important and helpful documents associated with your award, including the CHRP Grant Owner's Manual, which specifies the terms, conditions, and requirements of your grant. Also, within a few weeks you should receive an important package from the Office of the Chief Financial Officer, Office of Justice Programs, which will contain the forms and instructions necessary to begin drawing down funds for your grant. As mentioned at the time of announcement, each CHRP application was subject to a thorough review, and some of your application information may have been updated or corrected from the original version submitted to COPS. If you have not yet done so, please access your application at htto.//www.coos.usdoi.gov/Default.aso?Item=464. and print and maintain a final copy for your records (if you are unable to print a copy of your application, please contact the COPS Office at 800 421 6770). The Financial Clearance Memorandum (FCM) and Final Funding Memorandum (FFM) included in this package reflect allowable costs and amounts under your award. The FCM specifies the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits, while the FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. Please review both documents carefully, as your agency may only be reimbursed for the amounts and approved cost categories indicated. As a reminder, under CHRP all positions awarded (or an equal number of veteran officers) must initiate or enhance community policing in accordance with the community policing plan as described within Section 5 of your application. If for any reason your agency finds that your community policing plans have significantly changed from those outlined in your application (e.g., because you received fewer officers than originally requested and thus must alter the scope of your community policing plans), please revise the plan accordingly and submit it to the COPS Office for review and approval. You should also contact the COPS Office if, for any reason, you need to modify your grant award. This includes any reallocation of your awarded positions across the three primary hiring categories (Le., new hires, rehires of officers laid off pre-application, and rehires of officers laid off or scheduled to be laid off post-application). As explained at the time of grant application, there are significant reporting requIrements on the use of CHRP funds. In addition to quarterly financial and programmatic progress reports submitted to the COPS Office, CHRP grantees are also required to submit quarterly Recovery Act reports within 10 days after the end of each calendar quarter to www.FederaIReporting.gov These Recovery Act reports will be made available to the public on www.Recoverv.gov All grantees must be registered as authorized users prior to submitting reports to www.FederaIReoorting.gov The registration function on www.FederaIReoorting.gov will be available no later than August 26, 2009 Please note that registration with this website also requires users to be registered with the Central Contractor Registration (CCR) and have a Dun & Bradstreet Data Universal Numbering System (DUNS) number Registering with CCR and obtaining a DUNS number take additional processing time, so your agency should take immediate steps to meet these requirements in advance of registration with www.FederaIReoorting.gov For additional information on CCR and DUNS, please refer to the CHRP Grant Owner's Manual at htto.l/WWW.CODS.usdo;.gov/Default.aso?Item=2270 Finally, please remember that grantees must retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months following the 36-month federal funding period. The retained CHRP-funded position(s) should be added to your law enforcement budget with state and/or local funds, over and above the number of locally-funded positions that would have existed in the absence of the grant. In your CHRP grant application, your agency was required to affirm that it plans to retain the additional officer positions awarded following the expiration of the grant, and to identify the planned sources of retention funding. If, during the life of the grant, you have questions regarding the retention requirement or your retention funding sources, please contact the COPS Office for assistance. Once again, congratulations on your CHRP award. If you have any questions about your grant, please do not hesitate to call the COPS Office Response Center at 800 421.6770 Sincerely, ~ David M. Buchanan '110!hil 1.4 gkfiN, qh„,41 False sffeiWsKI made in co participMlin grants or contrac Treasury AccOOnt.SYAibol (FA) 15-09/104)41t: PC7 0 S Hiring Recov Program #00:001Pkiented P011000ery _1= U S. Depu of Justice 1-apt 2009RKWX0885 wmx.rz. 11;1 1 '11 1 ,11: pplicant Taniza,t,witi 5:Legal Name: Tulcvidl 111CA 111 .00p, OJP Vendor 916001522 r=z I 1 1 p.1 )4 I Dag 0 till 1. Law Enforcement Executive: 41 Zip, ode: 11111'11f Telephone. Fax: (29 4 197 dfivernment ecu f lA ;or Ji HaggertO4i AlTiiii: iq 1, 1 ;11 01 drgs: 6200 Southcenter Boulevar 'rite 4i ,l' 1de Tukwila, WA 981RS__ kri i i AiIilte one. I' Fax: (2063i ed vi. [1 1 1 1 11 11 11 1 1'11 1 1 1r d jI Full Time Officers Funded 1 I fly R Layoffs... Post-Aaaeation-La -a0 Amount 928,30407,., 4 4 1140 ll j chanair=='-= irectorW By signing this Ad Document, the grantee agree doc_u_mentandAte-,allactld pages. I UPI" II;1( I, PI: !lb ';1711: of LawS-Manwith the ut o fly to Accrpt4Wa Sign of Government Official with the Authority to Accept this Grant Award ;.1 r10;14, lAir." ,i ii',p 1 Nri, 1 i) J ,Iri 1111 i ...igT 'rnIt igliillo' '.q4g1 .....ii. En 1 Chief of Police David W Haynes 6200 Sialthc&ntra Bitt Tukteffar/sW90311- (206)-- Date: 6/30 .911,',060,1r ''and II Typed Name and Title of Government Official ,,Ivi ts may relrn Fo r t t i l L 4 t: e M r r i s o p m e n t deb ai ny remedy available W Rderal-Governmeni0 Ib'ea"' Alt RI 'Mb. 1:0 ',11, o]rirpri 1 4g "IN; „f $'44 [114, 11000 -data' "DE" imanoro 1/4;1111.1 fi:h b v or e by all 16 Grant Terms and Conditions on the reverse side of this Date TUKW1LA POLICE DEPARTMENT COPS HIRING GRANT TERMS AND CONDITIONS U S Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions By signing the Award Document to accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following grant terms and conditions: The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual, COPS statute (42 U.S.c. 9 3796dd, et seq ); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (governing administrative reqUlrements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87) 2 C.F R. Part 220 (OMB Circular A 21), 2 C.F.R. Part 230 (OMB CIrcular A 122) and 48 C.F.R. Part 31 000 et seq (FAR 31.2) as applicable (governing cost principles). OMB Circular A 133 (governing audits); American Recovery and Reinvestment Act (Recovery Act) of 2009 P L.III 5 representations made in the COPS Hiring Recovery Program grant application, and all other applicable program requirements, laws, orders, regulations, or circulars. 2. The grantee agrees to comply with the Assurances and Certifications forms that were submitted as part of its COPS Hiring Recovery Program application. 3. The funding under this project is for the payment of approved full-time entry-level sworn officer salaries and fringe benefits over three years (for a total of36 months of funding) for new or rehired additional, career law enforcement officer positions, hired on or after the award start date. The Financial Clearance Memorandum included in your award packet specifies the costs that the grantee is allowed to fund with your CHRP award. It will also describe any costs which have been disallowed after review of your proposed budget. The grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum. 4 CHRP grant funds may not be used to replace state or local funds (or for tribal grantees, Bureau of Indian Affairs funds) that would, in the absence of federal aid, be made available for hiring and/or rehiring full-time career law enforcement officer positions. 5. At the time of grant application, the grantee committed to retaining all CHRP officer positions awarded with state and/or local funds for a minimum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the number of locally-funded positions that would have existed in the absence of the grant. You cannot satisfy the retention requirement by using CHRP positions to fill vacancies from attrition. 6. The grantee may request an extension of the grant award period to receive additional time to implement the grant program. Such extensions do not provide additional funding. Only those grantees that can provide a reasonable justIfication for delays will be granted no-cost extensions. Reasonable justifications may include delays in hiring COPS-funded positions, officer turnover or other circumstances that interrupt the 36-month grant funding period. An extension allows the grantee to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension reouests must be received orior to the end date o{the award. as extension re(1uests received after an award has eXlJired will be alJoroved onlv under very limited. circumstances. 7 During the CHRP grant award period, it may become necessary for an agency to modify its CHRP grant award due to changes in an agency's fiscal or law enforcement situation. For instance, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category or reduce the total number of positions awarded. Grant modifications under CHRP are evaluated on a case-by-case basis. All modification requests must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 8. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Recovery Program. The grantee agrees to cooperate with the monitors and evaluators. 9 To assist the COPS Office in the monitoring of your award, the grantee agrees to submit quarterly programmatic progress reports and quarterly financial reports in addition to any reports required by the Recovery Act. The grantee also agrees to submit all requested reports in a timely manner 10. The COPS Office performs various functions to ensure compliance with all grant requirements, to assess the implementation of community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine during the grant period and may occur up to three years following the official closure of the grant award. These functions, and others, often require the production of grant-related documentation and other materials. As a COPS CHRP grantee, you agree to cooperate with any such requests for information. 11 The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). For assistance, grantees should consult the Office of Justice Programs, Office for Civil Rights website at www.oio.usdoLgov/about/ocr/ecoo.htm. 12. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 13. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under CHRP must engage 111 community policing activities. Community policing activities to be initiated or enhanced by the grantee were identified and described in your CHRP grant application, with reference to each of the following elements of community policing: a) community Page lof3 U S Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions partnerships and support; b) related governmental and community initiatives that complement the grantee s proposed use of CHRP funding; and c) how the grantee will use the funds to reorient its mission or enhance its commitment to community policing. 14 Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this CHRP grant do not service the other jurisdiction, but will only be involved in activities or perform services that exclusively benefit the grantee s own jurisdiction. Grantees cannot use CHRP funds to pay for a contract to receive law enforcement services from another agency 15. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating in federal grants or contracts, and/or any other remedy available by law 16. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act (Recovery Act) of 2009 and agrees to comply with the extensive accountability and transparency requirements on the use of Recovery Act funds: (A) Recoverv Act Transactions Listed in Schedule of EXl)enditures of Federal Awards and Recioient ResoonsibiIities for Informine: Subrecioients (I). To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of2009 (Public Law 111-5) (Recovery Act) as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" and 28 C.F.R. 66 'Uniform Administrative Requirements for Grants and Agreements for State and Local Governments, the recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds. (2) For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations," the recipient agrees to separately identify the expenditures for federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A 133 This shall be accomplished by identifying expenditures for federal awards made under the Recovery Act separately on the SEF A, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix ARRA in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. (3) The recipient agrees to separately identify to each sub-recipient (if any) and document at the time of sub-award and at the time of disbursement of funds, the federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to sub-recipients shall distinguish the sub-awards of incremental Recovery Act funds from regular sub-awards under the existing program. (4) The recipient agrees to require their sub-recipients (if any) to include on their SEF A information to specifically identify Recovery Act funding similar to the requirements for the recipient SEF A described above. This information is needed to allow the recipient to properly monitor sub-recipient expenditure of Recovery Act funds as well as oversight by the Department of Justice, Office of the Inspector General and Government Accountability Office. (B) Recioient Reoorts and Central Contractor ReQ:istratioD (1) The recipient agrees to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (2) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (3) The recipient and their first-tier recipients (if any) must maintain current registrations in the Central Contractor Registration (www ccr gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (4) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederaIReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. (C) Data Elements ofRecioient Reoort~ In accordance with section 1512(c) of the Recovery Act, the recipient agrees that not later than 10 days after the end of each calendar quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains - (I) the total amount of recovery funds received from that agency- (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including- (a) the name ofthe project or activity' (b) a description of the project or activity' Page 2 of3 U S. Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions (c) an evaluation of the completion status of the project or activitY' (d) an estimate of the number of jobs created and the number of jobs retained by the project or activity. and (e) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name ofthe person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on subcontracts or subgrants (if any) awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. These reports are in addition to other financial and programmatic reports required by the COPS Office. (D) Access to Records and Interviews The recipient agrees that the Department of Justice (DOJ) and its representatives (including COPS and the Office of the Inspector General (OIG)) and the Government Accountability Office (GAO) shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award. The recipient also agrees that DOJ and the GAO are authorized to interview any officer or employee ofthe recipient regarding transactions related to this Recovery Act award. (E) Reoortinll Potential Fraud. Waste. and Abuse. and Similar Misconduct The recipient agrees to promptly refer to the Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. The OIG may be contacted at pIG.hotlinela1usdoi.lwv, www usdoj.gov/oigfFOINhotline.htm, and 800.869 4499 (F) Protectinll State and Local Government and Contractor Whistleblowers The recipient agrees that the Recovery Act provides certain protections against reprisals for employees of non-federal employers (state and local governments or private contractors) who disclose information to federal officials reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety abuse of authority or violations of law related to contracts or grants using Recovery Act funds. (G) Seoarate Trackine: and Reoortinll of Recoverv Act Funds and Outcome~ The recipient agrees to maintain accounting systems and records that adequately track, account for, and report on all funds from this Recovery Act award (including officers hired, salaries and fringe benefits paid, and the number of jobs created and jobs preserved) separately from all other funds (including other COPS and federal grants awarded for the same or similar purposes). (H) Additional Reauirements and Guidanc~ The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future COPS (including government-wide) guidance and clarifications of Recovery Act requirements. Page 3 of3 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT FUNDING MEMORANDUMS REPRINT U S. Department of Justice Community Oriented Policing Services Grants Administration Division COPS Hiring Recovery Program 1100 Vermont Avenue, NW Washington. DC 20BO Memorandum To: Chief of Police David W Haynes Tukwila Police Department From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program Financial Clearance Memo OJP Vendor #. 916001522 ORI #. W AOI723 DUNS #. 010207504 Grant #. 2009RKWX0885 Total Number of Full Time Officers Funded 3 Costs Per Officer' $309,436.00 Total Cost: $928,308 00 New Hires: 3 Rehires- Pre-Application Layoffs: 0 Rehires- Post-Application Layoffs: 0 Budget Category Full Time Officer Salary Full Time Officer Fringe Benefits Officer Salary and Fringe Benefits for Three Years Total CHRP Funding for 3 Officers Proposed Budget $577,161.00 $351,147.00 Approved Budget $577,16100 $351,14700 Adjustments Disallowed/Adjusted - Reasons/Comments $0.00 $000 $928,308.00 $928,308.00 $000 $928,308.00 $928,308.00 $0.00 Total CHRP Funding for 3 Officers Federal Share: $928,308.00 Cleared Date: 6/29/2009 Overall Comments: A financial analysis of budgeted costs has been completed, and this Financial Clearance Memorandum reflects the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS You should carefully review your Final Funding Memo (FFM), which is enclosed in your award package. The FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. You will note that some costs may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories that are documented within the FFM, up to the amounts specified in this Financial Clearance Memorandum. Grants Administration Division COPS Hiring Recovery Program US Department of Justice Community Oriented Policing Services (COPS) 1100 i'ermont Avenue. NW Washington, DC. 20530 MEMORANDUM To ChIef of Pohce DavId Haynes TukwIla Pohce Department From. Andrew A. Dorr, ASSIstant DIrector for Grants AdmIlllstratIOn Re COPS Hinng Recovery Program (CHRP) Final Fundmg Memorandum Revised on August 5, 2009 The COPS Office has completed the finanCIal analYSIs of your agency's budgeted costs ThIS Fmal Fundmg Memorandum (FFM) reflects your agency's final approved officer salary and fnnge benefit categones and approved salary and benefits amounts. Please note that the salary and benefit costs requested m your ongmal apphcatIOn may have been updated or corrected from the ongmal verSIOn submItted to COPS based on commulllcatIOn WIth your agency Therefore, you should carefully review thIS FFM, as your agency wIll only be reImbursed for the approved cost categones that are shown wIthm thIS document. OJP Vendor #0 916001522 OR! #0 W AO 1723 Grant #0 2009RKWX0885 DUNS#o 010207504 Full-Time Sworn Officer InformatIOn Current First Year Entry-Level Base Salary for One Sworn Officer Position $58752.00 Fring-e Benefits Cost Additional Information Social Security Medicare Health Insurance $3643 00 $852.00 $2365000 Exempt: 0 Exempt: 0 Fixed Rate 0 Fixed Rate 0 Life Insurance. $12000 Vacation $0 00 Number of Hours Annually' 96 Sick Leave. $0 00 Number of Hours Annually' 96 Retirement: $3173 00 Worker's Comp $400 00 Exempt. 0 Unemployment Ins $0 00 Exempt: 1 Other' Holiday Pay - $1807 00 Describe: Year one, only 6 months of holiday pay Other' - Describe. Other' - Describe. Total Current First Year Entry-Level Benefits for One Sworn Officer Position = $33645 00 Total Yearl Salary $ + Total Year 1 Benefits = $92397 00 Total Year 2 entry-level salary for one sworn officer position $64008 00 Total Year 2 entry-level benefits for one sworn officer position $3985500 Total Year 3 entry-level salary for one sworn officer position $69627 00 Total Year 3 entry-level benefits for one sworn officer position $43549 00 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT BUDGET City Of Tukwila Budget worksheet new hexes for 36 months COPS Grant for tl�xee \Expendrtire ,Officer Wages Benefits" enefits :Sergeant Wages Benefits Professional Te tine platform) Police Vehicle O &M Depreciation Work Stations (mall office) Furniture (mall office) New UniformslEquipmenty Quartermas Bicycles and Operating Equipment Supplies Office and Communica Training (bike schoollPOP) Overtime expenditures Estimated Grant revenue 3 officers for 36 months Amount to be funded by City OW 192,7 90,128 1 24,000 12 175,000 30 000 3 8,000 30,000 4,50 1 000 25 000 3 1 3 3 3 3 3 1 3 7 500 3,50 900 1 000 20,25 553,55 2p 210,42 128,87 3 265 072 288,48 Dated August 31, 2009 TOTAL 2014 20't� 882,5 9,4 249,89 5 535,82 229,444 143,041 37,572 24,000 136,215 175,000 2 500 100,50 30,000 4,50 1,000 25,000 8 500 9,358 15,41 7,075 4 083 149,95 1,942, 3,000 250 700 338 4,050 175 2,100 83 1 000 3, 650 :7 °8°5 44,627 2,500 2,750 500 600 3,675 3,850 1900 2,000 1 000 1,000 40,500 41,750 419,374 447,609 928 308 315 64 344166 3 427 44,627 1,014,444 103,730 103,443 $„___2,74,159 ril 1, 2010 one position filled fi patrol rifles conducted for every and p Three months commitment for Sergeant hired Ap backgrounds anal professional testing aid kits, traffic vests, Hire date January 1, 2010 handguns handcuffs, Hire date April job offers are extended and b vests, to ers, four j P 1 of 1 Based on historical uniforms and basic equipment such as ballistic vests Includes un TUKWILA POLICE DEPARTMENT COPS HIRING GRANT COMMUNITY ORIENTED POLICING PROPOSAL NEW HIRES COMMUNITY ORIENTED POLICING PROPOSAL-NEW IDRES We propose adding eight new positions-one commander, one sergeant, five officers, and one traffic officer to the PolIce Department to mamtain and enhance commuruty oriented polIcmg in Tukwila. All of these positions are part of the Police Department's strategic plan to address law enforcement issues in the community The positions were requested in the 2009/2010 proposed biennial budget; however, local fundmg was not available and the pOSItions were not approved at that tIme. City of Tukwila The city of Tukwila IS very unique. Our resident population is just under 18,000, our daytime population hovers at 150,000, and our cnme rate is comparable nationally to a city WIth 86,000 residents. Tukwila IS the host of the largest shoppmg mall m the PacIfic Northwest, two major interstates intersect in Tukwlla, we border Seattle to our north, and SeaTac International Airport sits to our south, over 50% of Tukwila households live m multi-family uruts, we have the 2nd highest poverty rate for citIes in Kmg County, and there are over 62 different languages spoken m our school dIStriCt. In such a dIverse and challengmg envIronment, commuruty onented policing has become a necessary philosophy withm our department and city Officers throughout our department are regularly engaged in partnerships and problem solving. Our mISSIOn, drafted by the members of the department, "is to Improve the quality of life for all through community partnerships and problem solving to promote safe, secure neighborhoods. " Community Oriented Policing Programs Community Oriented PolIcing IS our day-to-day philosophy; however, to enhance partnering and problem solving we have implemented several programs, formed and chair action comm~ttees, and partner with many commumty based groups. Tukwila has had an active Crime Free Rental Housing program for more than 10 years. Tills 3-part program mcludes trammg for rental owners/managers, CPTED inspections for all partlCipatmg propertIes and cnme preventIOn mformatIOn for resIdents. The goal of tills program is to open communIcations and encourage cooperatIOn between rental management and the polIce department. The city is an active partICIpant in National Night Out Agamst Cnme. In thIS city of under 18,000 in populatIOn and only 8 5 square miles, It is not unusual to have 20 or more NOAC events on the first Tuesday m August. Block watch groups are provided traming on cnme preventIOn and how to most effectively partner with the police to reduce cnmmal activity m theIr neighborhoods. Page 1 of5 As a part of the ~trong value the Tukwila Police Department puts on community outreach, a CitIzen's Pohce Academy IS offered twice a year This program allows citIzens to see inside the Tukwila Police Department and understand what officers do on a regular basis. The CommunIty Onented CItIzens AdVISOry Board mcludes CItIzen, business, school board, and student representation that collaborate directly with the Police ChIef on community Issues and problems. A pohce representative chairs the Hot Spots team WIth a miSSIOn to addresses quahty of hfe issues m the commumty using a focused multI-department approach. Command staff, patrol officers, crime preventIOn, and non-commIssioned employees cooperate with city administration, fire personnel, planning, code enforcement, and legal staff to Identify problem areas m the CIty and develop and implement solutIOns. RepresentatIves from the Police Department regularly meet WIth citizens and businesses from the Tukwila International Boulevard Action Committee, CItizens WIthout borders, school dIstnct, the Tukwila Apartment Managers and Owners, and the East African Community CouncIl m order to work together to address community problems. In order to maintain and enhance these efforts we are requestmg COPS funding. Weare committed to cover all ancillary costs durmg and all expenses for a mImmum of one year after the grant period for the positions authonzed. Maintaining and Enhancing COP The Tukwila Police Department is staffed WIth 68 full time commISSIOned employees and 14 CIvilian employees. There are two dIvisions m the pohce department, Investigate Services DiviSIOn (ISD) and Patrol. An assistant chIef oversees each of the dIvisions. Patrol has two commanders that manage the patrol operatIOns. A records manager and a commander manage ISD The commander oversees the Major Crimes Unit, Tukwila AntI-Crime Team, and the Crime PreventIOn Resource Team (CPRT) Crime Prevention Resource Commander We are proposing creating a new commander pOSItIon that would oversee CPR T A sergeant, school resource officer, cnme prevention officer, training officer, accredItation officer, and community policmg coordinator work on the CPRT ThIs team supports many of the communIty programs mentioned earlIer A commander m thIS pOSItion would gIve us the administratIve oversight to ensure that we contmue and enhance the eXIsting programs as well as develop new programs, partnershIps, and problem solvmg strategies that continue to define us as a communIty oriented pohcmg department. One example of an area of focus for this commander IS that of buIlding relationshIps and developmg pohcmg strategies for our dIverse populatIOn. Remade in America ranked the Page 2 of5 Tukwila School District the #1 Most-DIverse Distnct in the nation from statIstIcs (2006) they obtained from the V S Department of EducatIOn. Another area of oversIght and development is workmg wIth the communIty, other CIty departments, private entities, and government agencies m preparation for natural or man made disasters-partnerships being a key component. Currently this responsibilIty is delegated on an as need basis to one of the commanders dependant on work load or not met at all. The creation of this new posItion will also allow the current ISD commander the abilIty to focus on managing and dIrectIng the MCV and T AC team. These two units InvestIgate felony crimes such as homicides, robberies, narcotic vIOlations, and sexual assaults on children. The city IS willing to pay the difference between the entry level salary and benefit funding provIded by the grant and the rank of commander as well as all the ancillary cost associated with this position. Tukwila Urban District COP Team Four sergeants and 32 patrol officers work m the Patrol DiVIsion. Staffing levels prOVIde five officers and a sergeant at any gIven tIme. The city IS geographIcally dIVIded mto five patrol distncts as shown to the right. The T -3 district accounts for 34% of our calls for servIce between 11 00 AM and 11 00 PM on any given day Officers take 37% of all cases citywide In the T-3 Due to this level of activity officers are pulled from other resIdentIal, commercial, and retail TlJMlb role.:'" ....,...... ___..IM PatrOl DbtrIas The T-3 urban distnct has over 1,200 businesses and 50 restaurants covenng over 14 millIon square feet. It mcludes Westfield Shopping mall, the largest mall in the Pacific Northwest. ThIs mall draws over 11,000,000 customers per year On average 100,000 persons VISIt our urban center each day ThIS dIStriCtS density and retail has sigmficantly expanded over the years and especially m 2007 and 2008 WIth new developments and the Westfield expanSIOn of 400,000 square feet and 75 new retaIl stores. Our staffing levels however have remained unchanged, as there have been msufficient revenues to fund new positions. 1=3 Page 3 of 5 areas. Only 25% of the time do we have more than five patrol officers workmg; therefore, three patrol officers service four distncts while two officers servIce the T-3 Our goal of this proposal is to provIde adequate resources for the T-3 district while Improving service levels and COP efforts in the other dIstncts wherem are located residents, business owners, visItors, and government entitIes. If awarded funds we will Implement a new program by creating the Tukwila Urban District COP team. The team, a sergeant and five officers, all new positions, wIll work within the T-3 distnct during peak hours. They will be responsible for reduction of crime and increasmg public safety by developmg partnerships, problem solvmg, and asslstmg patrol. By respondmg to calls for servIce, reportmg, and conducting imtial investIgatIOns within the T-3, patrol staff can stay in the other dIStrictS. SIgnificant benefits will be realized in both the T -3 and the other patrol distncts by enablmg us to mamtain and enhance our COP efforts throughout the city Westfield Mall In a twelve-month penod from fall of 2007 to fall of 2008 we had three shootmgs (two homIcides) at Westfield Shoppmg Mall. AddItionally, we have expenence mcrease gang activity and disturbances on the property CitywIde we experienced a 350% mcrease in murders in 2008 Both renters of retaIl space and visItors have expressed concern for general safety at the mall The mall and polIce department have shared overtIme costs for officers to patrol the mall on foot for years. Since November of 2008 we have doubled and at times tripled the number of hours in an effort to mcrease public safety at the mall, however, this increase m expendItures cannot be sustamed by the city mdefinitely A Tukwila Urban DIStrict COP team would help to provide the resources needed at the mall as well as the larger urban dlstnct. Cnme reduction efforts will be made by not only an mcrease in sustamable police presence but also through dedIcated problem solvmg and partnerships. Westfield mall has provided office space at no cost to the CIty for the Urban Dlstnct COP team. We previously staffed an office space at the mall with a cnme prevention officer Due to our volume of calls for servIce we dIssolved that posItIOn and closed the office A new office space is now open and available for this team to utilIze. City Wide Our patrol divisIOn is a key component in our commumty oriented polIcmg philosophy Response times have mcreased, proactive and directed enforcement and random patrols have suffered, and building partnershIps and problem solving has been limIted due to the demand for officers in the T-3 By deploying this new team in the T-3, our patrol officers WIll have more tIme in their patrol districts. Time m their dIStriCtS equates to more neighborhood patrols and partnership development with businesses and CItIzen groups. Many of our citizens have asked, "Where are the polIce?" The answer has been that they are reactmg and responding to crimes and calls for service m our urban distnct rather than patrolling our resIdential neighborhoods. Page 4 of5 Tukwila Traffic Officer The department recently reduced our traffic posItIons from four to three officers in order to create an unfunded and critIcally needed sergeants posItIOn. This has left our traffic unit short. Our traffic officers not only conduct traffic enforcement in areas of high traffic violations and mvestigate traffic collisions, but they also have each "adopted" one of our elementary schools WIthin our school district. The officers work in partnershIp with each of these schools throughout the school year on parkmg Issues, traffic safety, and other publIc safety issues as they arise. Our School Resource Officer, fully funded by the city, IS dedicated to the High School and Middle School and IS unable to dedIcate any tIme to the elementary schools. By utilizing our traffic officers, we have developed partnershIps that have furthered our objectIves of community oriented policmg and mcreased safety for the children that attend our schools. Funding of thIS new pOSItIOn would benefit the city as a whole m dealmg WIth traffic problems as well as give us the needed resources to continue our "adopt a school" program. Conclusion The TukwIla PolIce Department is deeply mvolved m and commItted to commumty oriented policing. It is integrated mto our policmg philosophy and practIce. We propose adding eight new pOSItIons to the Tukwila PolIce Department. A CrIme PreventIOn Resource Unit Commander, a six person Tukwila Urban DIStrIct COP team, and one traffic officer as full-tIme employees to the PolIce Department. If awarded these positIOns the department will create new jobs, and maintain and enhance community oriented polIcmg Initiatives withm the city Notes Total amount requested from Feds IS 2.4 million over the three year award period. The city will expend about $500,000 to cover the difference m salaries and ancillary costs (vehicles, uniforms, equipment) dUrIng the award period. ThIS does not mclude the cost to tram these officers. The city is commItted to cover the entIre cost dUrIng year four Page 5 of 5 Records Manager C cords f e r isor Records Clerk' Rec (7) a A Police ice Chi Investigative Services EenCe Technicia Sergean (Crime rcde Comm C SRO Accred. Training A dministra tive Secretary Sergean (Major Crimes) Chief of -Police so00,010001 away Comman Records Clerk Detect S Sergean (lac Team) (Major Crimes) Detective D V Advocat ity Oriented Com Citizens B oard Advisory ..r' Assistant police Chief Patrol Services Tam (4) 1 SRO V-Net Detective (I) S e rgeant Traffic Jam"► otficen ISO 3k1) (Non Patrol) l.� s 4 Cnit O (7) R-9 Officer (I) ••■••r Police Informat Analy I TUKW1LA POLICE DEPARTMENT COPS HIRING GRANT APPLICA TION 1 Type of Submission: 2. Type of Application: Version 02 OMS Number' 4040-0004 Expiration Date. 01/31/2009 If Revision, select appropriate letter(s) Application for Federal Assistance SF-424 D Preapplication ~ Application D Changed/Corrected Application ~ New D Continuation D Revision Other (Specifty) 3. Date Received 4 Applicant Identifier' 3/30/2009 WA01723 Sa. Federal Entity Identifier' Sa. Federal Award Identifier' State Use Only' I 6. Date Received by State: Is. APPLICANT INFORMATION I a. Legal Name: Tukwila Police Department b. EmployerfTaxpayer Identification Number (EINfTlN): 7 State Application Identifier' c. Organizational DUNS. 916001519 010207504 ld. Address: Street 1 Street 2: 6200 Southcenter Blvd City. County' State. Tukwila WA Province: Country- Zip / Postal Code. 98188 Ie. Organizational Unit: Department Name: Police Department Division Name: f Name and contact information of person to be contacted on matters involving this application: Prefix: First Name: Michael Middle Name. Last Name: Suffix: Villa Title. Assistant Chief of Police Manager 2064331815 Fax Number" 2064337197 Organizational Affiliation: Telephone Number' Email" mvilla@ci.tukwila.wa.us IAPPlication for Federal Assistance SF-424 9. Type of Applicant 1 Select Applicant Type: Version 02 Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type. Other (Specify): 10 Name of Federal Agency' Office of Community Oriented Policing Services 11 Catalog of Federal Domestic Assistance Number' CFDA# = 16.710 CFDA Title: Public Safety Partnership And Community Policing Grants 12 Funding Opportunity Number. COPS-CHRP-2009-1 Title: CHRP 13. Competition Identification Number' Title COPS Hiring Recovery Program 14. Areas Affected by Project (Cities, Counties, States, etc.). City ofTukwila, WA 15. Descriptive Title of Applicant's Project: Continue and Increase Community Oriented Policing in Tukwila by Hiring New Officers IApplication for Federal Assistance SF-424 16. Congressional Districts Of' Version 02 a. Applicant: 7, 11 b. ProgramlProject: 7, 11 17 Proposed Project: a. Start Date. 7/1/2009 118. Estimated Funding ($): b. End Date. 6/30/2012 a. Federal 2475488 b. Applicant c. State d. Local e. Other f Program Income g. TOTAL 2475488 19. Is Application Subject to Review By State Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on D b. Program is subject to E.O 12372 but has not been selected by the State for review [!] c. Program is not covered by E. 0 12372 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) DYes [!] No 21 "By signing this application, I certify (1) to the statements contained in the list of certifications'" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances"" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U S. Code, Title 218, Section 1001) By clicking this box and typing my name below I also certify that I have been legally and officially authorized by the appropriate goveming body to submit this application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal govemment. [!] IAGREE "" The certifications and assurances as well as grant terms and conditions can be reviewed at www.cops.usdoj/???? I Authorized Representative: Prefix: First Name. Michael Middle Name: Last Name: Villa Suffix: Title: Assistant Chief of Police Telephone Number' 2064331815 Fax Number' 2064337197 Email: mvilla@ci tukwila.wa.us Signature (Typed Name) of Authorized Representative: Micheal Villa Date Signed 4/6/2009 IAPPlication for Federal Assistance SF-424 Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. Version 02 OMB Number" 1103-0098 Expiration Date: 09/30/2009 Tukwila Police Department WA01723 COPS Hiring Recovery Program (CHRP) Application cOPS ApplIcatIon Attachment to SF -424 The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies having pnmary law enforcement authority to create and preserve Jobs and to increase their community policing capacity and crime-prevention efforts CHRP funding is available to hire full-time career law enforcement officers. There is no local matching requirement, but grant funding will be based on your agency's current entry-level salanes and benefits for sworn officer posItions. Any addItional costs for higher salaries and benefits for positions hired under the CHRP grant must be paid for by the grantee agency In preparing your agency's grant applIcation, please be advised that grantees are prohibited from reducing state, local, or tribal funding for sworn officer positions as a drrect result of applying for and/or receiving thIS CHRP grant. Instead, this program is intended to supplement the amount of state, local, or tribal funding that your agency would otherwise be able to budget for sworn officer posItions. In addition, at the conclusion of federal fundmg, grantees must retain all sworn officer positions awarded under the CHRP grant. The retained CHRP-funded positions should be added to your agency's law enforcement budget with state and/or local funds, over and above the number oflocally-funded sworn officer positions that would have existed in the absence of the grant. To the extent possible, all data should corne from a publicly verifiable source, and documentation may be requested by the COPS Office. This information will be used to evaluate your Jurisdiction's need for federal assistance to address its public safety needs and to preserve and create jobs. SECTION 1: EXECUTIVE INFORMATION Note. Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number' WA01723 B. Applicant DUNS Number' 010207504 A Data Universal Numbering System (DUNS) number is required. A DUNS number is a unique nine-digit sequence recognized as the universal standardfor identifying and keeping track of entities receivingfederal funds. For more information about how to obtain a DUNS number, please refer to the How to Apply section of the COPS Application Guide. C Central Contractor Registration (CCR) All applicants are required to maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients For more information about how to register with the CCR, please refer to the How to Apply section of the COPS Application Guide. Please note that applicants must update or renew their CCR at least once per year to maintain an active status WAOl723 Does your agency have an active registration with the Central Contractor Registry? D Yes ~ No If no, will your agency agree to have an active registration with the Central Contractor Registry before any COPS grant funding is awarded? ~ Yes D No D. GNIS ID 2412106 Please enter your Geographic Names Information System (GNIS) Identification Number This is a unique ID assigned to all geographic entities by the us. Geological Survey To look up your GNIS Feature ID, please go to the website. http II geonames usgs govldomestic/index.html. For more information about how to obtain a GNIS number, please refer to the How to Apply section of the CHRP Application Guide. E. Law Enforcement Executive/Program Official Information For Law Enforcement Agencies Enter the law enforcement executive's name and contact information. This is the highest ranking law enforcement official within your jurisdiction (e.g Chief of Police, Sheriff, or equivalent) Title. Chief of Police First Name: David Agency Name. Street Address 1 Street Address 2 CIty. Tukwila Telephone: 2064331812 Email.dhaynes@ci.tukwila.wa.us Type of Agency' Police F Government ExecutiveIFinancial Official Information. MI. W Last Name. Haynes Suffix. Tukwila Police Department 6200 Southcenter Boulevard State W A Zip Fax. 2064337197 98188 For Government Agencies Enter the government executive's name and contact information. This is the highest ranking official within your jurisdiction (e.g, Mayor, City Administrator, Tribal Chairman, or equivalent) Title: Mayor First Name' Jim Agency Name Street Address 1 Street Address 2 MI. Last Name Haggerton Suffix. City of Tukwila 6200 Southcenter Boulevard City. Tukwila Telephone. 2064331805 Email.mayor@ci.tukwila.wa.us Type of Agency' City State W A Zip Fax. 2064331833 98188 SECTION 2: GENERAL AGENCY INFORMATION A. General Applicant Information Department of Transportation WAOI723 Enter your jurisdiction's Cognizant Federal Agency A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the mostfederalfunding Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. 2. Fiscal Year 1/1/2009 to 12/31/2009 (mo/day/yr) Enter your jurisdiction's fiscal year 3 Jurisdictional population as ofthe 2000 U S Census 17181 D Check here if the jurisdictional population is not represented by US Census figures (e.g., colleges, special agencies, school police departments, etc.). (If checked, skip QuestIOn 4 and go to Question 5) 4 Enter the total jurisdictional population as of the 2007 Census EstImate. The Census Estimate can be looked up in the American FactFinder at http.l/FactFinder census.gov 17230 5 If the jurisdictional population is not represented by US Census figures, please indicate the size of the population in 2007 Please indIcate the source of this estimate 6. Do officers have primary law enforcement authority for this entire jurisdIctIOnal population? [An agency with primary law enforcement authority IS defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction.] [!] Yes D No a) If NO, what is the actual population for which your department has primary law enforcement authority? For example, your service population may be the 2007 Census Estimate mmus the population of the incorporated towns and cities that have their own police departments within your geographic boundaries. B. Law Enforcement Agency Information 1. Enter the Current Fiscal Year Budgeted Sworn Force Strength Full-time. 68 Part-tIme 0 The budgeted number of sworn officer positions is the number of sworn positions your agency has funded within its budget, including state, Bureau of Indian Affairs, and locally-funded vacancies Do not include unfunded vacancies or unpaid/reserve officers 2. Enter the Actual Sworn Force Strength as of the Date of This Application Full-time' 67 Part-time' 0 The actual number of sworn officer positions is the actual number of sworn positions employed by your agency as of the date of this application. Do not include funded but currently vacant positions or unpaid positions W AOI723 SECTION 3: CHRP PROGRAM REQUEST Your agency may apply for COPS funds to use on or after the official grant award start date to hIre new, additional officer positions (including filling eXIsting unfunded vacancies) or rehIre officers who have already been laid off, or are currently scheduled to be laid off on a future date, as a result of state, local or tribal budget reductions. Please base your application request on your agency's current antIcipated needs for funding m these primary categories. Please also be mindful ofthe mitIal three-year grant period and your agency's ability to fill and retain the officer positions awarded, while following your agency's established hinng policies and procedures. As described m detail in the CHRP Application Guide, it is imperative that applicants understand that the COPS statute nonsupplanting requirement mandates that CHRP funds may be used only to supplement (increase) a grantee's law enforcement budget for sworn officer positIOns and may not supplant (replace) state, local, or tribal funds that a grantee otherwise would have spent on officer positions if it had not received a CHRP award. This means that if your agency plans to (a) Hire new officer positions (including filling existing officer vacancies that are no longer funded in your agency's budget) It must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of sworn officer positions, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual, (b) Rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts It must rehire the officers on or after the official grant award start date, maintain documentation showing the date(s) that the positions were laid off and rehired, and otherwise comply wIth the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual, ( c) Rehire officers who are (at the time of applIcation) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts. It must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off (for example, if the CHRP award start date is September 1 and the lay-off is scheduled for November l, then the CHRP funds may not be used to fund the officers until November l, the date of the scheduled lay-off), identify the number and date(s) of the scheduled lay-off(s) in this application [see below], maintain documentation showmg the date(s) and reason(s) for the lay-off, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual. [Please note that as long as your agency can document the date that the lay-off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or Immediately after the date of the lay- off wIthout formally completing the administratIve steps assocIated wIth a lay-off for each indIvIdual officer] Documentation that may be used to prove that scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of CHRP grant funds may include (but are not lImited to) councilor departmental meetmg minutes, memoranda, notices, or orders discussing the lay-offs, notices provided to the individual officers regardmg the date(s) of the lay-offs, and/or budget documents ordering departmental and/or Jurisdiction-wide budget cuts These records must be maintained wIth your agency's CHRP grant records during the grant period and for three years following the official closeout of the CHRP grant in the event of an audit, monitoring, or other evaluation of your grant complIance WAOl723 When completmg the questions below, please base your responses on your agency's current (at the tIme of application) needs for funding in the three hiring categories (new hires, rehires of previously laid off officers, and rehiring officers who are scheduled to be laid off on a specific future date). CHRP grant awards will be made for officer posltions requested in each of these three categones and recipients of CHRP awards are required to use awarded funds for the specific categories awarded. During the review of your agency's appltcation, if the COPS Office reduces the number of positions you requested in the application, the COPS Office may contact you to obtain a new number of officer positions requested in each category How many CHRP sworn officer positions is your agency requesting (total)? 3 How many of the positions will be (a) To hire new, additional officer positions (including to fill existing vacancies that are no longer funded in your agency's budget)? 3 (b) To rehire officers who have already been laid off (at the time of applicatlOn) as a result of state, local, or tribal budget reductions? o (c) To rehlfe officers who are (at the tIme of application) currently scheduled to be laid off on a specific future date as a result of state, local, or tribal budget reductions? o (# Positions) Date of the scheduled lay-off for these officers If your agency has planned multiple future lay-off dates, please use the additional space below (# Positions) Date of the scheduled lay-off for these officers (# Positions) Date of the scheduled lay-off for these officers Snecial Reminder for Rehired Officers. The CHRP program awards funding based on your agency's entry-level salary and benefits package. Any additional (higher than entry-level) salary and benefits expenses for rehired officers must be paid by your agency Certification Regardinl! Scheduled Lav-Offs. If your agency plans to use CHRP funds to rehire officers who are currently scheduled to be laid off on a future date (under category c above), please certify (by checkmg the appropriate boxes) to the following: WAOl723 Certification. D My agency has and will maintain documentation showing the date(s) of the scheduled lay-off(s) and demonstrating that the scheduled lay-off(s) is/are occurring for fiscal reasons that are unrelated to the availability or receipt of CHRP grant funds (as described above) D My agency will use its own funds to continue funding these officers until the scheduled date(s) ofthe lay-off(s) and will use CHRP funds to rehire these officers only on or after the scheduled date of the lay-off(s). D My agency recognizes that the CHRP program provides funding based on our entry-level salary and benefits package and that any additional costs for rehired officers beyond entry-level are our responsibility to pay with other sources of funding. If an applicant receives an award, and after receiving the awards needs to change the hiring categories, it must request a post-award grant modification to change the categories of hiring and receive prior approval before spending CHRP funding by calling the COPS Office Response Center at 1-800-421-6770 The American Recovery and Reinvestment Act (Recovery Act) requires grantees to report their financial and programmatic progress within 10 days after the end of each calendar quarter The Recovery Act reporting requrrements are in addition to quarterly financial status report and quarterly programmatic progress report requrrements. The COPS Office plans to request information from grantees consIstent with Section 1512 of the Recovery Act, including collecting information on the number of new Jobs created and the number of jobs preserved using CHRP funding. Awarded agencies will be required to submit information in a timely manner as a condition of the award. The COPS Office is then requrred to post data from grantee reports to Recovery gov Please be advised that the submission of programmatic and financial reports on a timely basis is a significant condition of the CHRP grant and a violation of the grant requirement may result in termination of grant funding or other remedIes. In order to aid in compliance with the reporting requirements, awarded agencies should be prepared to track and report CHRP funding separately from other funding sources (including other COPS and federal grants) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have finanCIal internal controls in place to monitor the use of CHRP funding and ensure that its use is consistent with grant terms and conditions. Good practices m this area would include written accounting practices, an accountmg system that tracks all draw downs and grant expenditures, and the abilIty to track when each CHRP position funded is filled or vacant (including If the position was for a new hIre or are-hire) SECTION 4: NEED FOR FEDERAL ASSISTANCE 1) Enter your law enforcement agency's total operating budget for the current AND prevIOus two fiscal years. CURRENT FISCAL YEAR (2009) PREVIOUS FISCAL YEAR (2008) PREVIOUS FISCAL YEAR (2007) $13,809,25500 $12,552,73900 $11,993,98600 2) Enter the total jurisdictional (city, county, state, tribal) operating budget for the current AND prevIOus two fiscal years. CURRENT FISCAL YEAR (2009) PREVIOUS FISCAL YEAR (2008) PREVIOUS FISCAL YEAR (2007) $47,333,25500 $44,849,643 00 $42,169,64000 WAOl723 3) Enter the total jurisdictional (city, county, state, tribal) locally generated revenues for the current AND previous two fiscal years. Locally generated revenues may include locally generated property taxes, sales taxes and other taxes and revenue sources (for example, transportation taxes, tranSIent lodging taxes, licensing fees, other non-property taxes and franchIse taxes). CURRENT FISCAL YEAR (2009) PREVIOUS FISCAL YEAR (2008) PREVIOUS FISCAL YEAR (2007) $50,000,000 00 $48,897,76000 $53,356,351 00 4) Enter the total jurisdictional (city, county, state, tribal) general fund balance for the current and previous two fiscal years. CURRENT FISCAL YEAR (2009) PREVIOUS FISCAL YEAR (2008) PREVIOUS FISCAL YEAR (2007) $5,400,000 00 $7,682,77600 $10,517,03800 5) Since January 1,2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through lay-offs Civilian Law Enforcement Agency Personnel Sworn Law Enforcement Agency Personnel Other Government Agency Personnel 000% 000% 000% 6) Since January 1,2008, what percentages of the following employees in your jurisdIction (city, county, state, tribal) have been reduced through furloughs that have lasted or are scheduled to last a minimum of forty hours over the course of a fiscal year Civilian Law Enforcement Agency Personnel Sworn Law Enforcement Agency Personnel Other Government Agency Personnel 000% 000% 000% 7) Since January 1,2008 what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced due to official policies that limit your jurisdiction's ability to fill vacanCIes (i.e., hiring freezes) Civilian Law Enforcement Agency Personnel Sworn Law Enforcement Agency Personnel Other Government Agency Personnel 000% 000% 000% 8) The U S Census Bureau Amencan CommunIty Survey (ACS) prOVIdes multi-year poverty rate estimates for communities. For jurisdictions with a Census population greater than 20,000, please go to the U S Census Bureau's American FactFinder (http.//FactFinder census.gov) to determine the percent of families in poverty in your jurisdiction based on the 2005-2007 ACS For jurisdictions below 20,000 in population or not represented in the US Census, please select the nearest best match for your jurisdiction (for example, the county in which your jurisdiction is located). Please see the CHRP ApplIcation Gmde for additional information and help in usmg the American FactFmder Percent of families in poverty 8 80 % W AOl723 9) The Bureau of Labor Statistic's' Local Area Unemployment Statistics (LAUS) program provides monthly estImates of unemployment for communities. Please go to the Bureau of Labor StatIstIcs' LAUS website (wwwbls.gov/lau/data.htm) to [md detailed instructions for looking up your local area's unemployment rate As with the previous question, it may be necessary to select the nearest best match to your jurisdiction (for example, a city of fewer than 25,000 people may report their county level rate) Please see the CHRP ApplicatIOn Guide for additional information and help in using the LAUS data. Percentage unemployed for January 2009 7.50 % Percentage unemployed for January 2008 4 10 % 10) Indicate your jurisdiction's estimated reSIdential property foreclosure rate for calendar year 2008 ThIS rate should be calculated as the total number of new default and auction foreclosure filings and new bank- owned foreclosures (REGs) in 2008 divided by the total number of residential households. 000% [!] Check here if the information necessary to calculate this rate is unavailable. 11) IndIcate If your jurisdiction has experienced any of the following events since January 1,2008 o Military base closure or realignment. o A declaration of natural or other major disaster or emergency has been made pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act. (42 U S C 5121 et seq ) o A declaration as an economically or financially distressed area by the state in which the applicant is located. o Downgradmg of the applicant's bond ratmg by a maj or rating agency o Has filed for or been declared bankrupt by a court of law o Has been placed in receivership or its functional equivalent by the state or federal government. 12) Indicate if, since January 1,2008, your jurisdiction has experienced an unplanned, non-recurring, capital outlay or unanticipated loss of revenue that has had a significant negatIve impact on your jurisdictIOn's fiscal health. DYes [!] No 12a) If YES, please express the cost of this event as a percentage of your total current operating budget 000 % and please describe the event (please limit to 350 characters) W AOl723 13) Using UCR crime definitions enter the actual number of incidents reported to your jurisdIction in calendar year 2008 for the following crime types. Criminal Homicide 7 Forcible Rape 15 Robbery' 91 Aggravated Assault: 68 Burglary' 374 Larceny (except motor vehicle theft) 2038 Motor Vehicle Theft: 409 *Note' If your agency currently reports to NIBRS, or does not report cnme incident totals at all, please ensure that your data is converted to UCR Summary Data style. Please see the CHRP Application Guide or the FBI's UCR Handbook (www.fbi.gov/ucr/handbook/ucrhandbook04 pdt) for more informatIOn. SECTION 5: LAW ENFORCEMENT & COMMUNITY POLICING STRATEGY Proposed Community Policing Plan COPS grants must be used to initiate or enhance community policing activities. Please complete the following questions to describe the types of community policmg activities that will result from CHRP funding. You may find more detailed information about communIty policing at the COPS Office web SIte http.l/www cops,usdoj gov/Default.asp?Item=36. Community Partnerships Community partnerships are on-going collaborative relationships between the law enforcement agency and the indIviduals and organizations they serve to both develop solutions to problems and increase trust m the police. My agency- PI) Regularly distributes relevant crime and disorder information to community members. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant [!] c) currently does, and plans to continue doing under this grant D d) currently does, and plans to expand/enhance under this grant W AOl723 P2) Routmely seeks input from the communIty to identify and prioritize neighborhood problems (e.g., through regularly scheduled community meetmgs, annual community surveys, etc.) D a) does not currently do, and has no plans to Implement under this grant Db) does not currently do, and plans to initiate under this grant [!] c) currently does, and plans to continue doing under this grant D d) currently does, and plans to expand/enhance under this grant P3) Regularly collaborates with other local government agencies that delIver public services. D a) does not currently do, and has no plans to Implement under this grant Db) does not currently do, and plans to mitiate under this grant [!] c) currently does, and plans to continue doing under this grant D d) currently does, and plans to expand/enhance under this grant P4) Regularly collaborates with non-profit organizations and/or community groups. D a) does not currently do, and has no plans to Implement under this grant Db) does not currently do, and plans to initiate under this grant [!] c) currently does, and plans to continue doing under this grant D d) currently does, and plans to expand/enhance under this grant P5) Regularly collaborates with local businesses. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant Dc) currently does, and plans to continue domg under this grant [!] d) currently does, and plans to expand/enhance under this grant P6) Regularly collaborates with informal neighborhood groups and resident aSSOCiatIOns. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant [!] c) currently does, and plans to continue domg under this grant D d) currently does, and plans to expand/enhance under this grant W AOI723 Problem Solving Problem solving is an analytical process for systematically 1) identIfying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem solving mitiatives. Problem solving involves an agency-wide cormmtment to go beyond traditional polIce responses to crime to proactively address a multitude of problems that adversely affect quality of lIfe. My agency. PS I) Routinely incorporates problem-solving principles into patrol work. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant Dc) currently does, and plans to continue doing under tills grant [!] d) currently does, and plans to expand/enhance under this grant PS2) Identifies and prioritizes crime and disorder problems through the routine examination of patterns and trends involving repeat victims, offenders, and locations. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant [!] c) currently does, and plans to continue doing under this grant D d) currently does, and plans to expand/enhance under this grant PS3) Routinely explores the underlying factors and conditIOns that contribute to crime and disorder problems. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant D c) currently does, and plans to continue doing under this grant [!] d) currently does, and plans to expand/enhance under this grant PS4) Systematically tailors responses to crime and disorder problems to address their underlying conditions. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to mitIate under this grant Dc) currently does, and plans to continue doing under this grant [!] d) currently does, and plans to expand/enhance under thiS grant PS5) Regularly conducts assessments to determine the effectiveness of responses to crime and disorder problems. D a) does not currently do, and has no plans to implement under this grant [!] b) does not currently do, and plans to initiate under thiS grant Dc) currently does, and plans to continue doing under thiS grant D d) currently does, and plans to expand/enhance under this grant W AOl723 Organizational Transformation Organizational transformation is the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem-solvmg efforts My agency' OCl) Incorporates community policing principles into the agency's mission statement and strateglc plan. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant 00 c) currently does, and plans to continue doing under thlS grant D d) currently does, and plans to expand/enhance under this grant OC2) Practices community policing as an agency-wide effort involving all staff (i.e , not solely housed in a specialized unit) D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to initiate under this grant Dc) currently does, and plans to continue doing under this grant 00 d) currently does, and plans to expand/enhance under this grant OC3) Incorporates problem-solvmg and partnershlp acttvittes mto personnel performance evaluations. D a) does not currently do, and has no plans to implement under this grant Db) does not currently do, and plans to lmtiate under this grant 00 c) currently does, and plans to continue doing under this grant D d) currently does, and plans to expand/enhance under this grant W AOI723 Community Policing-Plan Narrative (please limit to 2,000 characters) Please describe your agency's Implementation plan for thIS program (if awarded), with specific reference to each of the following elements of community policing: (a) community partnerships and support, IncludIng consultation with community groups, private agencies, and/or other public agencies, (b) related governmental and communIty initiatives that complement your agency's proposed use of CHRP funding; and ( c) organizational transformation - how your agency will use these funds, If awarded, to reorient its mission to community poliCIng or enhance its involvement in and commitment to community policing. This narrative will not be scored for selection purposes but serves, along with the previous questions, as your agency's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community policing in accordance with this plan. The COPS Office may also use thIS informatIOn to understand the needs of the field, and potentially provide for training, technical assistance, problem solving and community policing Implementation tools. If your organization receives this CHRP grant fundIng, these responses will be considered as your organization's community policing plan. We understand that your commumty policing needs may change during the life of your CHRP grant (if awarded), and minor changes to this plan may be made without prior approval of the COPS Office. We also recognize that this plan may Incorporate a broad range of possible community policing strategies and activities, and that your agency may rmplement partIcular community policing strategies from the plan on an as-needed basis throughout the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to the COPS Office for approval. Changes are "SIgnIficant" if they deviate from the range of possible communIty polIcing activities identified and approved in thIS origInal community policing plan submitted with your applIcatIOn. COMMUNITY ORIENTED POLICING PROPOSAL-NEW HIRES We propose adding eight new positions-one commander, one sergeant, five officers, and one traffic officer to the Police Department to maintaIn and enhance community oriented policing In Tukwila. All of these positions are part ofthe Police Department's strategic plan to address law enforcement issues in the communIty The positions were requested In the 2009/2010 proposed biennial budget; however, local fundIng was not available and the positions were not approved at that tIme. City of Tukwila The city of Tukwila is very unique. Our resident population is just under 18,000, our daytime population hovers at 150,000, and our crime rate is comparable natIOnally to a city WIth 86,000 residents. Tukwila is the host of the largest shopping mall in the Pacific Northwest, two major interstates intersect in Tukwila, we border Seattle to our north, and SeaTac International Airport sits to our south, over 50% of Tukwila households live in multi-family units, we have the 2nd highest poverty rate for cities in KIng County, and there are over 62 different languages spoken in our school distnct. In such a diverse and challenging environment, community oriented polIcing has become a necessary philosophy within our department and city Officers throughout our department are regularly engaged in partnerships and problem solving. Our mission, drafted by the members of the department, "is to improve the qualIty of life for all through community partnerships and problem solVIng to promote safe, secure neighborhoods. " Community Oriented Policing Programs Community Oriented PolIcing is our day-to-day philosophy; however, to enhance partnering and problem solving we have implemented several programs, formed and chair actIOn commIttees, and partner with many community based groups. Tukwila has had an active Crime Free Rental Housing program for more than 10 years. This 3-part program includes training for rental owners/managers, CPTED inspections for all partiCIpating properties and crime prevention information for residents. The goal ofthis program is to open communications and encourage cooperation between rental management and the police department. The city is an active participant in National Night Out Against Cnme. In this city of under 18,000 in population and only 8 5 square miles, it is not unusual to have 20 or more NOAC events on the fIrst Tuesday in August. Block watch groups are provided training on crime prevention and how to most effectively partner with the police to reduce criminal activity in their neighborhoods. As a part of the strong value the Tukwila Police Department puts on community outreach, a Citizen's Police Academy is offered twice a year This program allows CItizens to see insIde the Tukwila PolIce Department and understand what offIcers do on a regular basis. The Community Oriented Citizens AdVISOry Board includes citIzen, business, school board, and student representatIOn that collaborate directly WIth the Police ChIef on community issues and problems. A police representatIve chairs the Hot Spots team WIth a mission to addresses quality of life issues in the community using a focused multi-department approach. Command staff, patrol offIcers, cnme prevention, and non-commissioned employees cooperate with city administratIOn, fue personnel, plannmg, code enforcement, and legal staff to identify problem areas in the city and develop and implement solutIOns. Representatives from the Police Department regularly meet with citizens and businesses from the Tukwila International Boulevard Action Committee, CItizens without borders, school district, the Tukwila Apartment Managers and Owners, and the East African Community Council m order to work together to address community problems. In order to maintain and enhance these efforts we are requestmg COPS fundmg. We are committed to cover all ancillary costs during and all expenses for a minimum of one year after the grant period for the pOSItions authorized. Maintaining and Enhancing COP The Tukwila Police Department is staffed with 68 full time commissioned employees and 14 civilian employees. There are two divisions in the police department, Investigate Services DIvision (ISD) and Patrol. An assistant chIef oversees each of the divisions. Patrol has two commanders that manage the patrol operations. A records manager and a commander manage ISD The commander oversees the Major Cnmes Unit, Tukwila Anti-Crime Team, and the Crime PreventIOn Resource Team (CPRT) Crime Prevention Resource Commander We are proposing creating a new commander position that would oversee CPRT A sergeant, school resource offIcer, crime prevention offIcer, training offIcer, accreditation offIcer, and community policmg coordmator work on the CPRT This team supports many of the community programs mentioned earlier A commander in this position would give us the administrative oversight to ensure that we continue and enhance the existing programs as well as develop new programs, partnerships, and problem solvmg strategies that continue to defIne us as a community oriented polIcing department. One example of an area of focus for this commander is that ofbuildmg relationships and developmg policing strategies for our diverse population. Remade in America ranked the Tukwila School DistrIct the #1 Most- Diverse District in the nation from statistics (2006) they obtamed from the U S Department of Education. Another area of oversight and development is working WIth the communIty, other city departments, private entItIes, and government agencies in preparation for natural or man made disasters-partnerships being a key component. Currently this responsibility is delegated on an as need basis to one of the commanders dependant on work load or not met at all. The creatIOn of this new position will also allow the current ISD commander the ability to focus on managing and directing the MCV and T AC team. These two units investigate felony crimes such as homiCIdes, robberies, narcotic violations, and sexual assaults on children. The city is willing to pay the difference between the entry level salary and benefit funding provided by the grant and the rank of commander as well as all the ancillary cost associated with this position. Tukwila Urban District Four sergeants and 32 patrol officers work in the Patrol Division. Staffing levels provide five officers and a sergeant at any given time. The city is geographically divided into five patrol districts. The T-3 urban district has over 1,200 businesses and 50 restaurants covering over 14 million square feet. It includes Westfield Shopping mall, the largest mall in the Pacific Northwest. This mall draws over 11,000,000 customers per year On average 100,000 persons visit our urban center each day The T-3 district density and retail has significantly expanded over the years and especially in 2007 and 2008 with new developments and the Westfield expansion of 400,000 square feet and 75 new retail stores. Our staffing levels however have remained unchanged, as there have been insufficient revenues to fund new positions. The T-3 district accounts for 34% of our calls for service between 11.00 AM and 11.00 PM on any given day Officers take 37% of all cases citywide in the T - 3 Due to this level of activity officers are pulled from other residential, commercial, and retail areas. Only 25% of the time do we have more than five patrol officers working; therefore, three patrol officers service four districts while two officers service the T-3 Our goal of this proposal is to provide adequate resources for the T-3 district while improvmg service levels and COP efforts in the other districts wherein are located reSIdents, business owners, visitors, and government entiti WAOl723 CP1) To what extent is there community support in your jurisdiction for implementing the proposed grant activities? D a) Minimal support D b) Moderate support [!] c) High level of support CP2) If awarded, to what extent will the grant activities impact the other components of the criminal justice system in your jurisdiction? D a) Potentially increased burden Db) No change in burden [!] c) Potentially decreased burden SECTION 6: CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS Applicants must plan to retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months at the conclusion of36 months of federal funding for each positIOn. The retained CHRP-funded positIOns should be added to your agency's law enforcement budget with state and/or local funds at the end of grant fundmg, over and above the number of locally- funded sworn officer positIOns that would have existed in the absence ofthe grant. At the time of grant applIcation, applicants must affirm that they plan to retain the positions and identify the planned source(s) of retention funding. We understand that your agency's source( s) of retention funding may change during the life of the grant. Your agency should maintain proper documentation of any changes in the event of an audit, monitoring or other evaluatIOn of your grant compliance. Please refer to the frequently asked questions on retention which can be found here http.//www cops.usdoj gov/Default.asp?Item=2115 Has your agency planned to retain all additional sworn officer positions under thIS grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each positIOn? [!] Yes D No Please identify the source(s) of funding that your agency plans to utilize to cover the costs of retention from the drop-down box listed below. [!] General funds D Raise bond/tax issue D Asset forfeiture funds D Private sources/donations D Fundraising efforts D Other (Please provide a brief description of the source( s) of funding not to exceed 75 words.) WAOl723 SectIon 7 Budget DetaIl Worksheets Instructions: This worksheet will assist your agency in reporting your agency's current entry-level salary and benefits costs and identifying your agency's total three-year salary and benefits request per officer position. Please list the current entry-level base salary and fringe benefits rounded to the nearest whole dollar for one full-time sworn officer position within your agency Do not include employee contributions. Please complete the budget worksheet(s) based on your agency's current annual fust year entrylevel salary and benefit package for your locally-funded officer positions. Please be advised that CHRP funding must only pay for entry-level salaries and benefits. Any additional costs incurred for higher than entry-level salaries and benefits for officers hired under the CHRP grant will be your agency's responsibility Note. Part-time positions will not be funded Please refer to the CHRP Application Guide for additional information. WAOl723 A. SWORN OFFICER POSITIONS Instructions Please complete the questions below based on your agency's current ftrst year entry- level salary and beneftts package for your locally-funded officers. [You will be asked to project Year 2 and Year 3 Increases below] Part 1. Full-Time Sworn Officer Information. A Current First Year Entry-Level Base Salary for One Sworn Officer Position $58,752.00 Please calculate the fringe benefit costs below based on the first year entry-level benefits for one sworn officer position. B FRINGE BENEFITS. Cost: % OF BASE ADDITIONAL INFORMATION Social Security $3,643.00 6.20 % Exempt: Fixed Cannot exceed 6.2% of Total Base Salary If less than 6.2%, exempt, or fixed rate, provide an explanation in "Part 2 Full-Time Sworn Officer Information" Medicare $852.00 145 % Exempt: Fixed Cannot exceed 145% of Total Base Salary Ifless than 1 45%, exempt, or fixed rate, provide an explanation in the "Sworn Officer Position Budget Summary " Health Insurance $23,650.00 40.25 % Life Insurance $120.00 0.20 % Vacation $0.00 0.00% Sick Leave $0.00 0.00 % Retirement $3,173.00 5.40 % Worker's Compensation $400.00 0.68% Unemployment Insurance $0.00 0.00% Number of Hours Annually. 96 Number of Hours Annually. 96 Exempt: Exempt: X Other Holiday Pay Describe: Year one, only 6 months of holiday pay Cost: $1,807.00 % of Base. 3.08 % Other Describe. Cost: % of Base. 0.00 % Other Describe: Cost: % of Base. 0.00 % WAOl723 Total Current First Year Entry-Level Benefits for One Sworn Officer Position $33,645 00 $92,397 00 C Total Year 1 Salary + Total Year 1 Benefits Based on the current fIrst year full-time entry-level salaries and fringe benefIts, please project Year 2 and Year 3 increases and use these fIgures to calculate the full three-year salary and benefIts amounts per sworn offIcer position that you are requesting through the CHRP grant. Your agency must maintain records documentmg how it calculated its Year 2 and Year 3 projections (and, accordingly, its total three-year salary and benefIts amounts per offIcer position) in its CHRP grant records throughout the grant period and for three years following the offIcial closeout of the COPS grant ill the event of an audit, monitoring, or other evaluation of your grant comphance. Year 2 Total Year 2 entry-level salary for one sworn offIcer position. Total Year 2 entry-level benefIts for one sworn offIcer position. $64,008 00 $39,855 00 Year 3 Total Year 3 entry-level salary for one sworn offIcer position. Total Year 3 entry-level benefIts for one sworn offIcer positlOn. $69,62700 $43,54900 Total Three -Year Salary for one officer position $192,38700 X Number of Sworn Positions Requested 3 Total Three -Year Salary Project Cost = $577,161 00 Total Three- Year Benefits for one officer position $117,04900 X Number of Sworn Positions Requested 3 Total Three -Year Benefits Project Cost = $351,14700 Total Three -Year Salary and Benefits for one Officer. Position. $309,43600 X Number of Sworn Positions Requested 3 Total Project Cost = $928,308 00 WAOl723 Part 2. Full-Time Sworn Officer Information After completing Part 1 ofthis budget worksheet, answer the following questIOns. Be sure to answer EVERY question. Missing or erroneous information could delay the review of your agency's request. 1. If your agency's second and/or third-year costs for salaries and/or fringe benefits increase after the first year, check the reason(s) why in the space below. [!] Cost ofliving adjustment (COLA) [!] Step raises [!] Change in benefit costs D Other - please explain briefly' 2. If an explanation is required for any of the following categories, please provide in the space below. 1) Social Security' 2) Medicare: W AOI723 BUDGET SUMMARY Budget Category A. Sworn Officer Positions Category Total $928,308.00 Line # 1 Total Project Amount: $928,308.00 Total Federal Share Amount: 1$928,308.00 Contact Information for Budget Questions Please provide contact information of the financIal official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name First Name: Peggy Last Name McCarthy Title: Assistant Finance Director Phone 206-433-1800 Email.pmccarthy@ci.tukwila.wa.us WAOl723 SECTION 8: ASSURANCES Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421-6770 By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1 It has been legally and officially authorized by the appropriategoveming body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 V.S.C. @ 1501 ,et seq. 3 It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4 It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family business or other ties. 5. It will give the Department of Justice or the Comptroller Generalaccess to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A-87), 2 CFR 220 (OMB Circular A 21), 2 CFR Part 230 (OMB Circular A 122) and 48 CFR Part 31 000, et seq. (FAR 31.2) (governing cost prinicip1es); OMB Circular A 1 33 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 28 CFR Part 38.1 the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals, and with all other applicable program requirements, laws, orders, regulations, or circulars. 7 If applicable, it will, to the extent practicable and consistent with applicable law seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 V.S.C. @ 3789d); Title VI of the Civil Rights Act of 1964, as amended (42 V.S.C. @ 2000d); the Indian Civil Rights Act (25 V.S.C. @@ 1301 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. @ 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 V.S.C. @ 12101, et seq.); the Age Discrimination Act of 1975 (42 V.S.C. @ 6101, et seq.); and Department of Justice Non-Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D E and G) of the Code of Federal Regulatins. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office ofJustice Programs, 810 7th Street, NW, Washington, D C. 20531 B. If your organization has received an award for $500,000 or more and has 50 or more employees, then it has to prepare an EEOP and submit it to the Office for Civil Rights ("OCR"), Office of Justice Programs, 810 7th Street, N.W Washington, DC 20531, for review within 60 days of the notification of the award. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP but it does not have to submit the EEOP to OCR for review Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organizatinhas to complete Section B of the Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award, or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. 9 Pursuant to Department of Justice guidelines (June 18,2002 Federal Register (Volume 67 Number 117 pages 41455-41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency 10 It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EP A) list of Violating Facilities and that it will notify us if advised by the EP A that a facility to be used in this grant is under consideration for such listing by the EPA. 11 If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13 It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. WAOl723 14 Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency-owned, rented or personally-owned vehicles. 15 It will not use COPS funds to supplant (replace) state, local, or Bureau ofIndian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of 12 months following expiration of the grant period. 17 It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law ratification, policy or appropriation as set forth in the Anti- Lobby Act, 18 D.S.C. 1913 18. In the event that a portion of grant reimbursements are seized to payoff delinquent federal debts through the Treasury Offset Program or other debt collection process, it agrees to increase the non-federal share (or, if the awarded grant does not contain a cost sharing requirement, contribute a non-federal share) equal to the amount seized in order to fully implement the grant project. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. [!] By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. David Haynes Typed Name of Law Enforcement Executive (or Official with Programmatic Authority, as applicable) 4/13/2009 Date [!] By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Jim Haggerton Typed Name of Government Enforcement Executive (or Official with Financial Authority, as applicable) 4/13/2009 Date WAOl723 SECTION 9 CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "Government-Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government Wide Requirements for Drug-Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994 The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1 Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. 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 making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; RIf 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867 for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867437 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three year period preceding this application been convicted of or had a civi 1 judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification, and (iv) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated forcause or default; and B Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3 Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue to, provide a drugfree workplace by' (i) 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 speci fying the actions that will be taken against employees for violation of such prohibition, (ii) Establishing an on-going 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; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy ofthe statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) 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, W AOl723 (v) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to. COPS Office, 1100 Vermont Ave., NW, Washington, D C. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv) (b), with respect to any employee who is so convicted - (a) Taking appW!,,~ate 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; (vii) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. 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) Tukwila, W A D Check ifthere are workplaces on file that are not identified here. 4 Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office ofthe United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address. Tukwila Police Department Grantee IRS/ Vendor Number False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fmes, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. ~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appwpriate governing body to submit this application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. David Haynes Typed Name of Law Enforcement Executive (or Official with Programmatic Authority, as applicable) ~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all ofthe applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. 4/13/2009 Date Jim Haggerton Typed Name of Government Executive (or OffiCIal with Programmatic Authority, as applicable) 4/13/2009 Date WAOl723 SECTION 10: Disclosure of Lobbying Activities Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U S C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the imtial filing and material change report. Refer to the Implementing guidance published by the Office of Management and Budget for additional information. 1 Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3 Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4 Enter the full name, address, city, state and zip code of the reporting entity Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates ifit is, or expects to be, a prime or sub award recipient. Identify the tier of the subawardee, e.g., the first sub awardee of the prime is the 1st tier Sub awards include but are not limited to subcontracts, sub grants and contract awards under grants. 5 If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, ifknown. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7 Enter the Federal program name or description for the covered Federal action (item 1). Ifknown, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commit 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFPD E 90-001 " 9 For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5 10 (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11 The certifying official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D C. 20503 Disclosure of Lobbying Activities WAOl723 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. Not Applicable If not applicable, then entire form, including signature area is grayed-out 1 Type of Federal Action 2. Status of Federal Action 3 Report Type D contract ~ grant D cooperative agreement D loan D loan guarantee D loan insurance ~ bid/offer/application D initial award D post-award ~ initial filing D material change 4. Name and Address of Reporting For Material Change Only Year- Quarter- Date of Report: 5. If Reporting Entity in No.4 is Sub awardee, Enter Entity. Prime & Sub awardee Name and Address of Prime: Tier , if known. Congressional District (number), if known: City of Tukwila, 6200 Southcenter Boulevard, Tukwila WA 98188 CongresslOnal District (#), ifknown 6. Federal Department/Agency' 7 Federal Program Name/Description. USDOJCOPS CFDA Number, if applicable: 16.710 8. Federal Action Number, if known. 9 Award Amount, if known. 10. a. Name and Address of Lobbying 10. b. Individuals Performing Services (if individual, last name, first name, MI) (including address if different from No lOa) (last name, first name, MD: Ball Janik LLP, 1455 F Street NW, Ste 225, Washington, DC 20005 Registrant Hiemstra, Ha L & Giguere, Michelle 11. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure oflobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.c. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to fIle the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Typed Name: Michael S. Villa Title: Assistant Chief of Police Phone: 206-433-1815 Date: 4/13/2009 IFederal Use Only- Authorized for Local Reproduction, Standard Form LLL WAOI723 SECTION 11: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS The sIgnatures of the Law Enforcement ExecutivelProgram Official and Government ExecutiveIFinancial OfficIal, and any apphcable program partners on the CertificatIOn of Review and RepresentatIOn of Compliance with Requirements 1) Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic applicant for acceptance and use of federal funds as outlined m the apphcable COPS Application Guide, AND 2) Attests to the accuracy of the information submitted with this application (includmg the Budget Detail Worksheets). The signatures on this application must be made by the actual executives named on this application unless there is an officially documented authorizatlOn for a delegated signature. If your jurisdiction has such an official document, it must be attached to thiS application. Applications with missmg, incomplete, or inaccurate signatories or responses may not be considered for funding. Signatures shall be treated as a material representation offact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investigation concernmg a current grant award. Person Submitting this Application ~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entIty I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Gmde, the COPS Grant Owner's Manual, assurances, certIfications and all other applicable program regulations, laws, orders, or Circulars. In addition, I certify that the informatlOn provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result m fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Michael S Villa WAOl723 Law Enforcement Executive ~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined III the COPS ApplicatIOn Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the mformatIOn provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fmes, imprisonment, debarment from participating in federal grants, cooperatIve agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: David Haynes Government Executive ~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit thiS application and act on behalf of the grant applicant entity I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other apphcable program regulations, laws, orders, or circulars. In additIOn, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge I understand that false statements or claims made in connectIOn with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Jim Haggerton City of Tukwila Jim Haggerlon, Mayor INFORMATIONAL MEMORANDUM FROM Mayor Haggerton Finance and Safety Committee ~1 A--- Derek Speck, Economic Developm nt mi rator TO- DATE September 3, 2009 SUBJECT Seattle Southside Visitor Center Lease ISSUE. Seattle Southside Visitor Center's lease term ended on August 31,2009 and is now continuing on a month-to-month basis After a lengthy review of available office space locations, staff has selected the two best alternatives and is now seeking Council selection of a preferred alternative Based on that feedback, staff will return to Council with a proposed lease agreement for the preferred location BACKGROUND. In May 1998 the City of Tukwila implemented a special excise tax on lodging charges that is used to promote tourism (Chapter 8208 RCW) In May 1999, the Southwest King County Chamber of Commerce (SWKCC) and the City of Tukwila (Tukwila) started a new partnership for tourism and marketing services and the Chamber hired Katherine Kertzman as the tourism program manager In April 2000 Tukwila moved the program in-house in an effort to develop the tourism and marketing program beyond the Chamber membership and include more Tukwila tourism businesses In January 2002, Tukwila and the City of SeaTac (SeaTac) entered into an interlocal agreement for joint tourism and marketing seNices for the combined cities under the program title Seattle Southside Visitor Services (SSVS) Tukwila is the administrator of the program and the SSVS staff are employees of the City of Tukwila_ The program is funded from the special excise tax on lodging charges in both cities The interlocal agreement separates costs into four types basic operations, joint media campaign, joint special projects, and SeaTac specific projects For basic operations, the agreement does not specify a specific contribution amount from each city but states the amount will be determined annually during the budget process After the first year SeaTac has contributed 55% and Tukwila has contributed 45% of the basic operational expenses The rationale was that this approximates a SO/50 split since Tukwila bears administrative costs that are not charged to the SSVS budget (information technology, finance, personnel, legal, insurance, city car, etc) For the joint media campaign and joint special projects, the agreement specifies that the activities will be mutually agreed upon and that Tukwila and SeaTac will split the costs SO/50 For SeaTac (and Tukwila) specific projects, the cities pay for those projects themselves Neither city contributes all of its lodging tax into the partnership In 2009, Tukwila will contribute $497,000 which is approximately 80% of its budgeted lodging tax revenue For the same year, SeaTac will contribute $652,000, which is approximately 54% of its budgeted lodging tax revenue $100,000 of INFORMATIONAL MEMO Page 2 the additional amount SeaTac contributes is to provide extra shuttle service from SeaTac hotels to Westfield Southcenter and $55,000 is due to the 55/45 split of basic operating costs It should be noted that SeaTac may contribute a higher percentage in 2010 and that a significant portion of their total lodging tax revenue is dedicated to debt service and is non discretionary In 2004 Tukwila signed a lease for the current office location in the Fairway Center at 14220 Interurban Avenue South, Suite 130 in Tukwila The lease was for 1,800 square feet for a five year term ending August 31, 2009 SSVS is currently holding over with the owner's permission on a month -to -month basis The holdover rent is 50% higher than the most recent monthly rent and the tenancy may be terminated by either party with 20 days notice In April 2009 staff began researching what sites were available for SSVS office space and in May started working with a commercial real estate broker The broker and staff reviewed all available office listings in Tukwila and SeaTac under 5,000 square feet. The listings totaled over 30 sites The following general criteria were considered when evaluating the available sites Located in the cities of Tukwila or SeaTac Lease rent lower than the current rent (market rents have fallen) Same or greater amount of space Within 2 miles of an 1 -5 exit for free WSDOT visitor center signage Visible exterior building signage Available clean public restrooms Entrance at street level and near front of the building The team completed 10 site visits, analyzed lease proposals on 4 sites, and selected the two best options the current location in the Fairway Center at 14220 Interurban Avenue South in Tukwila and a new location called the "3100 Building" at 3100 South 176 Street in SeaTac Now Tukwila needs to select one of the sites and negotiate a lease The lease will require City Council approval DISCUSSION. Both proposed leases are basically five year terms The Tukwila lease proposes a 65 month term with five months of free rent. The SeaTac lease proposes a 66 month term with six months of free rent. To ensure a more "apples -to- apples" comparison, the rents reflected in the following table are averages over the terms of the leases The following table compares the two sites Comparison Rentable Square Feet Average Annual Rent Per Square Foot Average Annual Rent Moving Costs and Tenant Improvement Costs Flood zone Fairway Center Tukwila 1,800 $17 54 $31,569 None Within FZ 3100 Building SeaTac 2,202 $16 41 $36,135 $38,000* Outside FZ INFORMATIONAL MEMO Page 3 Exterior building signage Eligible for 1 -5 WSDOT Visitor Signage Distance to 1 -5 Distance to Airport Distance to Future Car Rental Building Distance to Airport Light Rail Station Distance to the Hilton Conference Center Distance to Westfield Southcenter Mall Fairway Center Tukwila Current building signage is only visible on a seasonal basis, in the summer it is partially blocked by trees. Yes Distance to Tukwila City Hall 1 4 miles Distance to Southwest King County Chamber Located along Seattle Southside Express shuttle s regular route Access for RVs City of SeaTac Preference SeaTac Hotel /Motel Committee Preference No Difficult turning No No 3100 Building SeaTac Building owner will permit exterior Seattle Southside Visitor Center signage on South and West facades. Yes 0 7 miles 2.0 miles 5 5 miles 1 0 miles 4 4 miles 1 3 miles 5 5 miles 0.2 miles 5 7 miles Across Street 1 9 miles 3 0 miles Same Building 5 7 miles Yes Easy turning Yes Yes Tukwila Hotel /Motel Committee Preference I No Yes We have strong preliminary indications that moving and tenant improvement costs up to $38 000 will be 100% covered by SeaTac lodging tax. Top Reasons for Relocating to the 3100 Building in SeaTac 1 Partnership Considerations The Cities of SeaTac and Tukwila entered into the interiocal agreement over seven years ago Tukwila is the administrator of the partnership and clearly has the legal authority to select the location of the offices, however, the interiocal specifies that SeaTac and Tukwila will mutually agree upon the media campaign and marketing activities Since SeaTac is contributing as much to the SSVS program as Tukwila (more if you include the shuttle funding) they feel locations in SeaTac should be considered equally The City of SeaTac and SeaTac Hotel Motel Advisory Committee (HMAC) want to continue the partnership with Tukwila but also strongly prefer the 3100 Building Because SeaTac has about 2 5 times more INFORMATIONAL MEMO Page 4 hotel rooms that Tukwila, is located with the airport, car rental agencies, airport parking, etc and has a smaller retail base than Tukwila, the travel industry is a much larger business sector in SeaTac than it is in Tukwila. Due to the larger size of its tourism sector, SeaTac may have a greater need for a visitor center in their city than Tukwila does At some point in the future, SeaTac may decide they must have a visitor center presence near the airport. If we keep SSVS in Tukwila, SeaTac may seek to have a branch office of SSVS or may decide they need their own organization Moving the office to SeaTac now in the spirit of cooperation can solidify the cooperative nature of the partnership and protect Tukwila in the future 2. Access to More Tourists The 3100 Building's location is located more closely to the airport, car rental agencies, and the Hilton Convention Center It's also within the largest cluster of hotels in the SSVS territory This proximity makes it easier to reach more tourists For example, when business people and their spouses stay at SeaTac hotels and have free time, It will be easier for them to stop at the visitor center and be directed to local shopping, dining, and entertainment in Tukwila and the rest of SSVS The building will also have visitor center signage in view of International Boulevard which may draw in additional tourists looking for suggestions on shopping, dining, entertainment, etc In 2008 we had 1,080 visitors stop in the Fairway Center location. The signage is better than signage at the Fairway Center We do not know how many more tourists would visit SSVS in the new location but we believe it will be significantly more than at the Fairway Center 3 Access to More Hoteliers Since the 3100 Building is near the largest cluster of hotels in SSVS territory, it is easier for staff to build relationships with area hoteliers for developing travel packages including transportation providers, restaurants, retailers, etc. These travel packages can drive more visitors to Tukwila and the rest of SSVS 4 Better Public Image The 3100 Building offers an impressive reception area at the entrance to the building that would make a striking visitor info/concierge desk creating a more professional first impression 5 Better Workflow' The 3100 Building has more square footage allowing for more storage and better workflow 6 More Opportunity for Growth The 3100 Building has more square footage and a physical layout allowing additional workstations to be added The additional workstations would enable adding volunteers or staff if the need arises 7 Better Location for Volunteers Highline Community College and South Seattle Community College have tourism and hospitality management programs and the 3100 Building has better bus service linking to those schools which would make it easier for SSVS to get volunteers and interns Top Challenges/Risks With Relocating to the 3100 Building in SeaTac 1 Wheelchair Access The 3100 Building currently does not have sufficient wheelchair access to the reception area, bathrooms, and staff offices The property owner has indicated a willingness to install necessary improvements to accommodate this need. 2 Front Desk Coverage The reception area is separated from the main staff offices by a flight of approximately eight stairs and is not easily viewable This makes it more challenging to use staff in offices to back-up reception desk staff These challenges may be mitigated by installing security cameras and utilizing the intercom on the existing phone system 3 Possible Staffing Costs One of the main reasons to move to the 3100 Building is to receive more tourists into the visitor center Providing high quality personal assistance to tourists INFORMATIONAL MEMO Page 5 requires a significant amount of time which could necessitate additional staff and/or extra coordination of volunteers Top Reasons for Remaining in the Fairway Center in Tukwila 1 More Focus on Tukwila. The tourism program started in Tukwila and having the employees located in Tukwila gives them greater knowledge and focus on our city Over the years, Tukwila has been able to draw on SSVS marketing expertise for other city programs SSVS staff are very supportive and attached to Tukwila and will continue to do their best to help other City programs but it will be more challenging if they are not as conveniently located to Tukwila. 2 Future Direction of SSVS Moving the visitor center to SeaTac increases the convenience and access of SeaTac hotels and travel sector businesses to SSVS That increased proximity might foster a greater sense of ownership with the SeaTac tourism sector which may then want to grow the joint SSVS program If the program grows and Tukwila continues its current cost sharing with SeaTac, then Tukwila will need to contribute more That could reduce the amount of lodging tax money Tukwila has for Tukwila only tourism programs However, it's possible that SeaTac will agree to contribute a higher percentage in the future 3 Lower Cost: The proposed new annual lease at the Fairway Center amount is $4,565 less annually than 3100 Bldg in SeaTac. The office layout enables easier back-up support of the reception desk. 4 Administrative Convenience Tukwila has only stationed city employees outside the city limits on rare occasion and on a temporary basis This move would be a very new experience It is possible to continue to administer the tourism program from outside the City limits though it may be slightly more challenging The larger issue will come if some day the SeaTac contribution to SSVS grows to significantly more than Tukwila's and if SeaTac desires to provide greater direction to SSVS priorities If that situation arises, it may raise the question of whether it makes sense for Tukwila to administer a program located outside the City limits when it is not the largest funder 5 Less Moving Downtime. Staying in the current location saves on the staff time involved in moving 6 Local Pride The tourism program started in Tukwila and many people feel a strong sense of attachment and pride We should continue to dedicate a portion of our lodging tax funds for tourism programs that support local pride such as the Centennial, marathon, etc 7 Better Proximity to Chamber' The Fairway Center site is adjacent with the Chamber of Commerce which fosters communication and joint support. Both organizations will continue to do referrals to each other Top Challenges/Risks to Remaining in the Fairway Center in Tukwila 1 Flooding There is an increased risk of flooding along the Green River which could affect the Fairway Center location in the next few years BUDGET IMPACT. Following is a summary of the anticipated budget impact related to the office space decision 1 Rent: Because both sites are proposing rent levels lower than the current rent, the future rent is within the 2010 budget and no adjustment is necessary 2. Staffing and Ongoing Operations At this time no additional staffing or operational INFORMATIONAL MEMO Page 6 costs are anticipated for either location for 2010 3 One Time Only Expenses The 3100 Building location would cause one time moving and tenant improvement expenses A detailed listing is attached The City of SeaTac and SeaTac Hotel/Motel Advisory Committee have indicated a willingness to pay 100% of the moving and tenant improvement costs up to the current estimate of $38,000 It is unclear at this time whether that commitment extends if costs exceed the current estimate The HMAC will meet on September 9, 2009 and we will confirm this Depending on whether SeaTac is able to pay for these costs directly, or if Tukwila needs to process them as the administrator of the facility, we may need to do a budget adjustment to reflect the expenses and offsetting revenue (from SeaTac) SUMMARY. This is a challenging decision for the City of Tukwila since the tourism office started in Tukwila and moving to SeaTac signals a significant transition The decision is especially challenging because it raises the question of was the original intent and what were the original expectations for the interlocal agreement signed in 2002 And, more importantly, we now have to ask ourselves what sort of partnership we want to have in the future Whether we move or not, this issue should be discussed and we should examine whether the interlocal agreement should be updated Ideally, the future direction of SSVS and any changes to the interlocal agreement would have been worked out prior to selecting a location, however, time does not permit that approach We inquired into a one year extension on our current location to enable the evaluation of the interlocal but the property owner was not interested Since we are on a month-to-month tenancy we need to make the site location decision soon Both locations are good sites Both would work well The 3100 Building offers greater potential for growth, especially for marketing the region It offers an opportunity to show that Tukwila is committed to the partnership and ensures a stronger and longer term partnership by fulfilling SeaTac's need to have a visitor center It raises questions of whether Tukwila will always be the administrator of the program and those questions may need to be addressed at some point in the future The Tourism staff believes it will increase tourism revenues for Tukwila The Tukwila Lodging Tax Advisory Committee (L TAC) prefers the 3100 Building location and voted in favor of moving on August 27,2009 RECOMMENDATION. Staff recommends moving to the new location in the 3100 Building at 3100 South 176th Street in SeaTac, WA. Based on Council selection of a preferred alternative staff will return to Council with a proposed lease agreement for the preferred location ATTACHMENTS. Draft Letter of Intent for the 3100 Building Photos Plotted Street Map Interlocal Agreement Estimated Moving Expenses July 30, 2009 Richard Davidson GVA Kidder Mattews 12886 Interurban Ave. South Seattle, WA 98168 RE: Letter of Intent Dear Katherine: 3100 South 176th Street Seatac, WA 98188 This letter shall serve as a non binding Letter of Intent which sets forth the basic terms and conditions under which Dollar Development Co "Landlord would consider entering into a lease with Seattle Southside "Tenant in the above referenced location "Office Building 1 Landlord 2 Tenant 3 Trade Name: 4 Premises 5 Area 6. Use 7 Term 8 Options Cassan Enterprises, Inc. 2737 78 Ave SE, Suite 201 Mercer Island, Washington 98040 Seattle Southside Visitor Center (City of Tukwila) 14220 Interurban Ave. South 130 Seattle, WA 98168 Seattle Southside 3100 South 176 Street, SeaTac, WA 98188 Estimated Square Footage: Plus Load Factor (15 Total Rentable SF General office use. Five (5) years 9 Base Rent The Full Service Rent Two (2) periods of five (5) years each. Rent during the option periods to be negotiated and Tenant to provide 180 days prior wntten notice. Rate shall be of fair market rent Months 1— 6 Months 7 —18 Months 19 66 shall be: 1915 (office and reception area) 287 2202 $0 00 psf/yr, Full Service $17 00 psf/yr, Full Service 3% annual increase DOLLAR DEVELOPMENT CO 1- DOLLAR \.\ DEVELOPMENTCO 10 Security Deposit Upon Tenant's execution of the Lease, Tenant shall pay a security deposIt in the amount of $5000 00 and total rent for one month. 11 NNN & Cam Charges: The lease shall be a full service lease with a 2009 Base Year Electricity is included in the full service rent. 12. Tenant Improvements: Landlord shall provide Tenant with Tenant Improvements as outlmed in exhibit "A" which shall include: O~~f~ A. B. C D 5 private offices 1 workroom 1 storage area 1 wall across the back of the reception area with a locking door/screen and a 1 way window 1 work area/cabinet along the back wall ofthe reception area for mailing area with lower and upper cabinets. Landlord shall install dishwasher and place a refrigerator in the common lunchroom area upstairs. Phone jack is already in place. Relites in all private offices. Phone room to be at existing location E. F G. H. 13 UtilitIes Included in Full Service rent. 14 Lunchroom Area. Tenant shall be allowed the use of the upstairs lunchroom area throughout the term of the lease at no charge along with other office Tenants. Tenant shall be allowed signage, subject to Tenant's compliance with all applicable govenunental codes, regulations, and Landlord's approval. Signage and LCD/Plasma type screens above the reception area. Exterior signage above the south door and on the west facing wall of the building. All signage to be approved by Landlord. 15 Signage Tenant shall have the use of six (6) parking stalls in common with other tenants and an addItional four (4) stalls that will be marked as visitor parking for Seattle Southside. Tenant may use additional parking as available after 6pm and on weekends. Landlord, at Landlord's discretion, may police the parking and may make adjustments to hours and availability as necessary There shall be no less than four (4) visitor parking stalls. 16. Parking 17 Term Commencement The later of: substantial completIOn of improvements or September 1, 2009 Landlord shall maintain, repair and replace all of the structural elements and exterior surfaces of the office building and the Premises, including but not limited to the roof, exterior walls, exterior glass, concrete slab, footmgs, electrical, and plumbing exterior to the Premises at Landlord's 18. Maintenance: .jr \ DOLLAR \\ ' DE VEL 0 P MEN T C 0 sole expense. Tenant shall maintain, repaIr and replace the interior walls, interior ceiling, and doors of the Premises at Tenant s sole expense. 19 AssIgnability No assignment or sublease will be allowed without the Landlord's prior written consent. 20 Guarantor Tenant shall provide financial statements for the principals of the incorporated entity and shall sign a personal guaranty 21 Lease Fonn. Landlord's lease form acceptable to Tenant shall be used for this Transaction. 22. Broker's Commission. Both Parties acknowledge and agree that David Hall and Cleavon Steele of Fursse & Hall Realty, Inc. represents the Landlord and Richard Davidson of GV A Kidder Matthews represents the tenant and represent that no other brokers are involved in this transaction. Landlord agrees to pay a leasing fee to Fursse & Hall Realty, Inc. and a commission as per the listing agreement of which4% of the gross aggregate rent shall be paid to GV A Kidder Matthews. All parties acknowledge receipt of the pamphlet "Law of Real Estate Agency" and ~,~ ~.'>'\\ n .j;;" ') y.." This offer shall expire on August 6, 2009, ifnot accepted by the Tenant. The letter of intent is intended solely as a preliminary expression of general intentions and is to be used for discussion purposes only This letter of intent is not a lease for the property The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred to in this letter of intent unless and until a defInitive lease agreement has been fully executed and delivered by all of the necessary parties. The parties agree that this letter of intent is not intended and does not create any agreement or obligation by either party to negotiate a definitive lease agreement and does not impose any duty on either party to continue negotiations, including without limitation any obligation to negotiate in good faith or in any other way other than at ann's length. Prior to due execution and delivery of a definitive lease agreement, and without liability to the other party either party may propose different terms from those summarized herein; enter into negotiations with other parties; andlor unilaterally terminate all negotiations. Agreed to by: Tenant By 1/ Pr Date 7fofrp y Its Date DATE 3100 BLUILDING Floor Plan DEVELOPMENT CO. SOuth SEATTLE VISITORS CENTER / SSVS OPTION 1 1915 SF PHONG RU0t1 BASE CAen1ETS V/ Tom' Southside visitor Center Services (SSVS) Photos Southside visitor Center Services (SSVS) Photos Southside visitor Center Services (SSVS) Photos Southside visitor Center Services (SSVS) Photos Southside visitor Center Services (SSVS) Photos r s*I As.t.ttN t''. ie U) 46 SW 139th St a :?i g./S ..1th St. 7 4 Ii. ,1 rs Iil, a SVg -146t1T-St'S-4!'.W.6tIT'St.- -I o- SW 148th-St--. -c.---77-',-.1-----. 5 CO (1) SW -152fid St S 52iiti St 1 a Burien SW. 15.4th-St-,,---Surit 0 .6 06tti St" i Five comers '9 '-'-'1 509 ,.5, 'SV\ir \60th St tight Ral1 Route cs, 7- Ct- s■t' cose 6. 44 Normandy Park City Hall Park Bus Route 174 Route tO SSVS Hotels Car Rentals 1-5 Information Signs El in t 11) 40 CO j co 3-100 Building map North Seatac Park Sunset S --138th 140ttt._ co ..6 441:e0a:le, snuzz:0:e4,\ sfry 56 a„ PIayfielcis S 144th Foster GS1:1\othe,\SJ Fort Dent -SW 16th St St St R t a 1 Prk .46th' S i Ti Cl- c'.■3 'a 04 &413 o th e a 6ffi' 8 iverton S 1 50th Heights 6 O' .A 4i1 St S 4171-.,_-,---:St d ''''*5''':-::1 "--V'' tf l --,:-.0 4Mestreld■, p: a s_ ;'104.) Renton Cl j o Springs Park 1 1 ,..5, 4 Longacres 1 i st '1:trirSr r..• 1, Inustril 43 SW 27th St t V. 4-- Crystal 1 5$th- a 1[1. Slander B1v 6 d 1. 0 i 17 i S--164th-St C'-/lsal: -9= a ti) S 166th St (1 IL co :litS3 1 ,,O. :....c,-..._.„ --;;..s-Sts176087:2- s (o -V-)-.4- -F6 t'' II 0 cli o C SW 34th St i a C a a. 4 ,1 o 181 IL 7:3 Orillia t S8V\101,5 St qeh A 01- A ,!44-S--116ttr'S t ''100 Building 9. a) i sZ' I CU -73 c Tac a il St -.c) Ts o S 182-nd St vr c qp S 18l\ st ( Va 0 Ridge Park 1 I ;1! cst c a) .-F- co 9,_ 509 C(soy C), a) P --S-t8Oth-Si co CD di Oa cr) Within 2 miles access of 1-5 c°c) Within 1.5 Miles acces of 518 .84 miles from Seatac International Airport 2 miles from Seata ntown c Light Rail Station 'CI .2 miles from Metro bus 174 to dow colvt•V IV:X:0:Z .13,742:::::>2;10■-NAVIEfaV4Zr:::::: Tms dem mckults min...non aken wan ;Canaan, Icarn Canacnan annweines a Nunes,/ n. Onamn Inighlot Canada. 'It (r),_ irot St CD S NC Angle Lake CO ca 0) Briscoe 21 Park u.. s 1s4th St 0.5 ( CO a co CO SW 900 Kent 2 , AG D2 -0/3 INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES BETweEN THE CITY OF TUKWILA AND THE CITY OF SEAT AC This Interlocal Agreement, made and entered into this January ..3.L, 2002, by and between the City of Tukwila, a municipal corporation, hereinafter called Tukwila and the City of SeaTac, a municipal corporation, hereinafter called SeaTac RECITALS WHEREAS, SeaTac desires to purchase professional tourism & marketing services for the purpose of increasing awareness of SeaTac and the surrounding area as a tourist destination, WHEREAS, Tukwila is willing to expand the scope of its existing tourism and marketing services to include SeaTac; WHEREAS, it is agreed that the most desirable arrangement for conducting this operation is an Interlocal Agreement, NOW THEREFORE, for the reasons recited above, and in consideration of the mutual covenants contained in this agreement, the parties agree as follows SECTION ONE SCOPE AND DESCRIPTION Pursuant to Chapter 3934 RCW, Tukwila and SeaTac agree to jointly provide Tourism and Marketing services for the combined cities beginning February 1,2002 This Interlocal Agreement shall be conducted under the program title of Seattle's Southside Visitor Services (SSVS) from-a- pi ace -of service at464f)(} Southcenter- P-arkway, -City ofT ukwi I a~- Co u nty .of- King;--- -------.. - and State of Washington Services include but are not limited to providing comprehensive visitor information services to tourists and facilitating input from area tourism businesses for the purpose of developing, implementing and evaluating an annual marketing and media plans The marketing and media plans includes budget information, implementation schedule and __ evaluation strategies Tukwila is designated as Administrator responsible for administering this joint agreement. SECTION DNO CONTRIBUTIONS Basic Operational Expenses Tukwila and SeaTac will share basic operational expenses for the SSVS The basic operational expenses shall be based on a valuation denved from the final Tukwila Tourism & Marketing Budget SeaTac's contribution for the first year's (eleven months) basic operational expenses is valued at ONE HUNDRED AND FOUR THOUSAND FIVE HUNDRED DOLLARS ($104,500) to be paid to Tukwila in eleven equal payments of NINE THOUSAND AND FIVE HUNDRED DOLLARS ($9,500) SeaTac will pay Tukwila at the beginning of each month beginning February 2002 The basic annual operational cost contribution for SeaTac for 2003 and subsequent years will be determined annually during Jst~ 2- ~ ORlblNALV the budget process Joint Media Campaign Tukwila will implement a mutually agreed upon annual media campaign Tukwila and SeaTac will share media campaign expenses equally for the SSVS SeaTac will reimburse Tukwila for 50% of all media campaign commitments for the duration of the Interlocal Agreement. Tukwila will invoice SeaTac 50% of actual media commitments incurred at the end of each month Joint Special Projects Tukwila will implement mutually agreed upon supplemental marketing activities (special projects) Tukwila and SeaTac will share special project expenses equally SeaTac will reimburse Tukwila for 50% of all special project commitments for the duration of the Interlocal Agreement. Tukwila will keep expense records of all special projects (including but not limited to web site development, printed materials, professional creative services, and direct mail campaigns) Tukwila will invoice SeaTac 50% of actual special projects commitments incurred at the end of each month SeaTac Specific Projects SeaTac will implement SeaTac specific projects SeaTac will manage and assume 100% financial responsibility for all SeaTac specific projects At such time as SeaTac and Tukwila mutually agree, Tukwila may advise or assist SeaTac regarding SeaTac specific projects SECTION THREE CONDUCT OF INTERLOCAL AGREEMENT Tukwila shall have following responsibilities as administrator of this Interlocal Agreement. Tukwila will (a) conduct, manage, operate, and arrange all the business affairs of the tourism and _ _ marketing-ser:vicesrto -hire- other-employees-needed -to--carry-on-the-bblsiness, determine------ the wages and make contracts with the employees, enter into other contracts in the name of and for the SSVS, and in general do anything ordinarily done by the manager of a business (b) facilitate the involvement of SeaTac tourism businesses into the existing Tukwila Tourism Networking Committee and hereafter the committee will be known as Seattle's Southside Tourism Networking Committee for the purposes of creating awareness, support and participating in SSVS various marketing activities (c) regularly attend SeaTac's Hotel Motel Tax Advisory Committee meeting (d) coordinate joint SeaTac and Tukwila Lodging Tax Advisory Board meetings (at least but not limited to two times annually) (e) prepare and implement annually approved marketing and media plans by the Tukwila Lodging Tax Advisory Board and SeaTac Hotel Motel Tax Advisory Committee and the Tukwila and SeaTac City Councils (f) prepare and submit quarterly outcome reports to the Tukwila Lodgmg Tax Advisory Board January 17 2002 Page 2 and SeaTac Hotel Motel Tax Advisory Committee (g) select subcontractors and vendors (h) ascertain creative production (typed layouts, type specs, mechanical assembly) Such authority may be increased or decreased from time to time on mutual written agreement of the cities SECTION FOUR. RECORDS AND ACCOUNTING Tukwila shall maintain or cause to be maintained books of accounts concerning the total operation of the Interlocal Agreement, in which books shall be entered, fully and accurately, each transaction pertaining to the Interlocal Agreement. All the books will be open at any reasonable time for inspection and examination by SeaTac. The fiscal year of the Interlocal Agreement shall commence on January 1 and close on December 31 of each year of operation All accounting based on fiscal year figures shall be completed within 45 days after the close of the fiscal year SECTION FIVE TERM The effective date of the Interlocal Agreement shall be February 1, 2002, and this Interlocal Agreement shall continue in effect for a period of three years from that date On or before April 30, 2004 the cities will determine if this Interlocal Agreement may be continued for another period of three years, or for such time as the parties may then see fit. SECTION SIX. TERMINATION OF INTERLOCAL AGREEMENT It is agreed that either SeaTac or Tukwila may terminate this Interlocal Agreement with 60 days notice prior to the beginning of each new calendar year, and such termination shall be in writing However, the party initiating the termination shall be responsible for paying 50% of any remaining office lease obligation The agreement can be terminated at any time provided both parties are in agreement on the terms of such termination Tukwila maintains ownership of all SSVS capital assets at the termination of this Interlocal Agreement except any such assets purchased by SeaTac with its own funds SECTION SEVEN HOLD HARMLESS OF INTERLOCAL AGREEMENT Tukwila and SeaTac agree that each party shall defend, indemnify, and hold harmless the other party and its officers, officials, agents employees, and volunteers from any and all claims, January 17 2002 Page 3 injuries, actions, damages, losses or suites including reasonable attorney's fees, which arise out of, are connected with, or due to any errors, omissions or negligent acts in the performance of this agreement, except for each party's own comparative negligence In witness whereof, the parties have executed this Interlocal Agreement at the day and year first above written CITY OF TUKWILA CITY OF SEATAC 4 03 IAAIAA LAQC4A---- Steve Mullet, Mayor Attest: _abaf 3a. City Clerk January 17 2002 Approved as to Form SrQR�, uiity Attorney a(Hol an; Acting City Manager Attest: Judith L Cary, City Clerk Approved as to Form r otaj Robert L. McAdams City Attorney Page 4 INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATAC Pursuant to Section Five of the Interlace! Agreement between the City of Tukwila and City of SeaTac, the parties agree to extend the Agreement beyond the three year expiration date of January 31, 2005, until terminated. CITY OF TUKWILA By: Steven Mullet Mayor Approved as. to Form: EXTENSION OF AGREEMENT LETTER OF INTENT ILzy Apprc Ccx..c.ncc.p mofUr) t ht.1 64--ra-oLf, °A- me-dulc City of Tukwila Bob Baker, CMC Deputy City Clerk Administrative Services Department 206 433.1854 02-01,5 (cL) CITY OF SEATAC By race Rayburn City Manager Approved. as to Form: Mary MIrarat City Attorney 01 el, Seattle Souths ide Office Space Estimated Moving Expenses End Tables $400 00 2 00 Coffee Table $550 00 1 $550 00 Lobby Chairs $800 00 3 $2,400 00 Potted Plants $100 00 2 $200 00 Certified Kiosk $000 2 $000 3-D Logo Sign $1,600 00 1 $1 60000 Estirnate Outdoor Building Sign $3 000 00 2 $6 000 00 Estimate Sign Install $600 00 3 $1 80000 Estimate Computers Stations $1 00000 3 $3,00000 Phones $200 00 4 $800 00 Head Sets $250 00 2 $500 00 Security Monitors $300 00 1 $300 00 Flat Screen $1,20000 1 $1,200 00 TV Wall mount $100 00 1 $100 00 Exhibit Stands $500 00 4 $2 000 00 Spot Lighting $15000 1 $150 00 Desk Chairs $200 00 4 $800 00 Stationary Re-design $1,80000 1 $1 80000 Stationary Printing $3,200 00 1 $3,200 00 Estimate Phone/Cable Install $3 000 00 1 $3 000 00 Lease Holdover $1 50000 2 $3 000 00 Moving Cost $111770 1 $111770 Estirnate $3431770 Sales Tax 10% $3431 77 Grand Total $37,74947 Draft 9/3/09 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO Mayor Haggerton Rhonda Berry Finance and Safety Committee FROM Shawn Hunstock, Finance Director #t' DATE September 1,2009 SUBJECT Solid Waste Utility Tax ISSUE The City is in need of increasing revenue and reducing expenditures in an attempt to address our current revenue shortfalls, particularly in the area of sales tax receipts BACKGROUND Sales tax receipts are currently over 26% behind budget for the year, and over 23% behind where we were at the same time a year ago In addition to expenditure reductions already implemented by departments, including an across-the-board three percent reduction, additional revenue sources are needed to offset declines in sales tax receipts and other revenue sources DISCUSSION The City currently taxes electricity, gas and telephone utilities at the statutory maximum of six percent. The tax rate on cable television is six percent, which is generally recommended to be consistent with other utility taxes The City does not currently have a tax on water, sewer, surface water or solid waste utilities In an effort to generate addition revenue in light of the City's current budget situation, administration is recommending adoption of a solid waste utility tax. The tax is also in recognition of the cost of maintenance of City streets given the nature of solid waste collection, the size and type of equipment used, and the normal wear and tear on our streets by that equipment. A tax rate of six percent is recommended Administration also proposes taxing only commercial and industrial customers Residential customers only account for approximately eight percent of solid waste revenue in Tukwila according to Allied Waste, the City's contracted solid waste collection provider RECOMMENDATION The Council is being asked to approve the attached ordinance adopting a solid waste utility tax. INFORMATIONAL MEMO Page 2 This item is scheduled to be discussed at the September 9, 2009 Finance and Safety Committee meeting, the September 14, 2009 Committee of the Whole meeting and subsequent September 21,2009 Regular Meeting ATTACHMENTS Draft Ordinance Projected Solid Waste Utility Tax Revenue spreadsheet H:\SolidWasteUtilityTax/ntoMemo.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING SOLID WASTE UTILITY TAX, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined the Financial Planning Model demonstrates there is projected to be a deficit balance in the General Government Funds by 2011, and WHEREAS, the City has availed itself of all appropriate revenue sources currently authorized, and has reduced expenditures by 3 % in the General Fund, and WHEREAS, the basic City service levels could suffer a reduction without a new source of revenue; and WHEREAS, implementation of a solid waste utility tax measured by gross income from non-residential customers is expected to generate sufficient revenue to maintain current levels of City services; and WHEREAS, the City Council has determined the public interest is best served by the implementation of a solid waste utility tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 3.51, 'Solid Waste Utility Tax, is hereby established to read as follows: CHAPTER 3.51 SOLID WASTE UTILITY TAX Sections: 3.51.010 Solid Waste Utility Tax 3.51.020 Use and Accountability of Tax Proceeds 3.51.030 Definitions 3.51.040 Occupations Subject to Tax - Amount 3.51.050 Tax Year 3.51.060 Exceptions and Deductions 3.51.070 Monthly Installments 3.51.080 Taxpayers Records 3.51.090 Failure to Make Returns or to Pay the Tax in Full 3.51.100 Penalty for Delinquent Payment 3.51.110 Overpayment of Tax 3.51.120 Noncompliance - Penalty 3.51.130 Appeal 3.51.140 Finance Director to Make Rules 3.51.150 Referendum Procedure W:\ Word Processing\ Ordinances\Solid Waste Utility Tax.doc SH:ksn 09/02/2009 Page 1 of5 3.51.010 Solid Waste Utility Tax The tax provided for in this chapter shall be known as the "solid waste utility tax," and is levied upon the privilege of conducting a solid waste collection business within the City of Tukwila, effective October 1, 2009 3.51.020 Use and Accountability of Tax Proceeds 1. All revenues collected pursuant to this chapter shall be deposited into the General Fund, and shall be used for the funding of City services or capital requirements as the Council shall direct through its biennial budget process. 2. In addition to the automatic annual review of the Financial Planning Model, the City Council will review the need for rate or other changes as part of the biennial budget process. 3.51.030 Definitions As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. 1. "Solid waste means all putrescible and nonputrescible solid and semi-solid wastes, including but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction waste, abandoned vehicles or parts thereof, and recyclable materials. 2. "Solid waste collection business" means every person who receives solid waste or recyclable materials for transfer, storage, or disposal, induding but not limited to, all collection services, public or private solid waste disposal sites, transfer stations, and similar operations. 3 "Finance Dil'ector" means the Finance Director of the City of Tukwila, Washington, or his or her designee. 4. "Gross income" means the value proceeding or accruing from the performance of the particular business involved, including gross proceeds of sales, compensation for the rendition of services, and receipts (including all sums earned or charged, whether received or not) by reason of investment in the business engaged in (excluding rentals, receipts or proceeds from the use or sale of real property or any interest therein and proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness, or stocks and the like), all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or any expenses whatsoever, and without any deduction on account of losses, 5 "Person" means any person, firm, corporation, association, or entity of any type engaged in a business subject to taxation under this ordinance, 6. 'Residential customers means any customer of the solid waste collection provider for residential type customers of single-family residential structures, including mobile homes and duplexes, tri-plexes and four-plexes where each residential unit is billed individually, except that the term does not include multiple-unit residences with five or more attached or unattached units billed collectively 3.51.040 Occupations Subject to Tax - Amount There is levied upon, and shall be collected from a person because of certain business activities engaged in or carried on in the City of Tukwila, taxes in the amount to be determined by the application of rates given against gross income as follows: W:\ Word Processing\Ordinances\Solid Waste Utility Tax.doc SH:ksn 09/02/2009 Page 2 of5 Upon a person engaged in or carrying on the business of providing solid waste collection service, a tax equal to 6 % for the calendar year 2009 and beyond of the total gross income from such business from all customers in the City except residential customers, during the period for which the tax is due. 3.51.050 Tax Year The tax year for purposes of this solid waste utility tax shall commence October 1, 2009 and end December 31, 2009 and thereafter shall commence on January 1 and end on December 31 each year 3.51.060 Exceptions and Deductions There is excepted and deducted from the total gross income upon which the tax is computed. 1. That part of the total gross income derived from business which the City is prohibited from taxing under the constitution or laws of the United States and the constitution or laws of the State of Washington. 2, Adjustments made to a billing or customer account in order to reverse a billing or charge that was not properly a debt of the customer 3, Cash discounts allowed and actually granted to customers of the taxpayer during the tax year 4. Uncollectible debts written off the taxpayer s books during the tax year If subsequently collected, the income shall be reported for the period in which collected. 3.51.070 Monthly Installments The tax imposed by TMC 3.51.040 shall be due and payable in monthly installments, and remittance therefor shall be made on or before the last day of the month following the end of the monthly period in which the tax is accrued. Annual returns for smaller entities may be allowed upon advance written approval from the Finance Director On or before said due date, the taxpayer shall file with the Finance Director a written return upon such form and setting forth such information as the Finance Director shall reasonably require relating to the accurate computation and collection of this tax, together with the payment of the amount. 3.51.080 Taxpayer's Records Each taxpayer shall keep records reflecting the amount of the taxpayer's gross income on sales and services within the City, and such records shall be open at all reasonable times for the inspection of the Finance Director or his or her designee to verify information provided on any utility tax return or to determine whether such return is required to be filed. 3.51.090 Failure to Make Returns or to Pay the Tax in Full If a taxpayer fails, neglects, or refuses to make his, her or its return as and when required by this chapter, the Finance Director is authorized to determine the amount of the tax payable under provisions of TMC 3.51.040, and to notify such taxpayer of the amount so determined, The amount so fixed shall thereupon be the tax and be immediately due and payable, together with penalty and interest. Delinquent taxes, including any penalties, are subject to an interest charge of 12% per year on the unpaid balance from the date any such taxes became due as provided in TMC 3.51.070 W:\ Word Processing\Ordinances\Solid Waste Utility Tax.doc SH:ksn 09/02/2009 Page 3 of5 3.51.100 Penalty for Delinquent Payment If a person subject to this tax fails to pay any tax required by this chapter within 15 days after the due date thereof, there shall be added to such tax a penalty of 10% of the amount of such tax. Any tax due under this chapter that is unpaid and all interest and penalties thereon shall constitute a debt to the City The City may at its discretion, pursuant to Chapter 19.16 RCW, use a collection agency to collect such taxes, interest and penalties owed or assessed, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. 3.51.110 Overpayment of Tax Money paid to the City through error or otherwise not in payment of the tax imposed by this chapter, or in excess of such tax shall, upon discovery be credited against any tax due or to become due from such taxpayer hereunder, provided however, that overpayments extending beyond one year prior to notifying the City shall not be refunded, If such taxpayer has ceased doing business in the City, any such overpayment shall be refunded to the taxpayer 3.51.120 Noncompliance - Penalty A. No person subject to this chapter shall fail or refuse to file tax returns or to pay tax when due, nor shall any person make a false statement or representation in or in connection with any such tax return, or otherwise violate or refuse to comply with this chapter or with any rule promulgated pursuant to TMC 3.51.140, B In addition to the interest and delinquent filing penalties set forth above, a willful violation of or failure to comply with this chapter is a civil infraction, subject to a cumulative fine of up to $250 for each day that a violation continues. All penalties imposed under this chapter shall constitute a debt to the City The city may at its discretion, pursuant to Chapter 19.16 RCW, use a collection agency to collect taxes, interest, and penalties owed or assessed pursuant to this chapter, or the City may seek collection by court proceedings, which remedies shall be in addition to all other remedies, 3.51.130 Appeal A taxpayer aggrieved by the amount of the tax, penalties, interest, or civil infraction fine determined to be due by the Finance Director or his or her designee under the provisions of this chapter may appeal such determination to the City of TukwiIa's City Administrator or his or her designee. Taxpayers shall be required to remit the amounts determined to be due under this chapter prior to filing an appeal. 3.51.140 Finance Director to Make Rules The Finance Director shall have the power to adopt and enforce rules and regulations not inconsistent with this chapter or with the law for the purposes of carrying out the provisions thereof. 3.51.150 Referendum Procedure The provisions of this chapter are subject to the referendum procedure as follows: 1, A referendum petition seeking to repeal this ordinance shall be filed with the City Clerk, who shall be designated the person to receive petitions of all types, within seven days of the passage by the City Council of this ordinance or publication thereof, whichever is later W.\ Word Processing\ Ordinances\Solid Waste Utility Tax.doc SH:ksn 09/02/2009 Page 4 of5 2, Within ten days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure. 3. The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period. 4. After notification of the identification number and ballot title, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less tl1an 15% of the registered voters of the City and to file the signed petitions with the City Clerk 5 Each petition form shall contain the ballot title and the full text of tl1e measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the City or at a special election as provided pursuant to RCW 3517.260(2). Section 2. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ' 2009 ATTEST / AUTHENTICATED' Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Office of the City Attorney W:\ Word Processing\Ordinances\Solid Waste Utility Tax.doc SH:ksn 09/02/2009 Page 5 of 5 City of Tukwila Projected Solid Waste Utility Tax Revenue Customer Jan -07 Feb -07 Mar -07 Apr -07 May -07 Jun -07 Jul -07 Aug -07 Sep -07 Oct -07 Nov -07 Dec -07 Total Revenue Commercial $264,896.94 $267,338.06 $272,881 17 $282,615.51 $285,175.43 $282,281.80 $285,476.92 $287 795.99 $288,708.47 $295,948.30 $297 103.96 $293,337.89 $3,403,560.44 55.62% Industrial $168,640.64 $169,784.95 $183,639.34 $176,859.80 $199,524.03 $196,365.70 $182,691 71 $194 797 16 $182,374.66 $201,331 18 $185,272.23 $173,419.14 $2,214 700.54 36.19% Residential $41,828.11 $38,377.92 $42,084.66 $41 385.26 $42,399.52 $40,868.45 $41 728.61 $42,261.00 $41,506.62 $43,420.21 $42,341.99 $43,084.29 $501,286.64 8.19% $6,119,547.62 Solid Waste Utility Tax* All customers Annual Growth Biennial Tax Rate Revenue Rate Revenue 3.00% $14,260.97 $14,265.03 $14,958.16 $15,025.82 $15,812.97 $15,585.48 $15,296.92 $15,745.62 $15,377.69 $16,220.99 $15,741.55 $15,295.24 $183,586.43 3.00% $383,860.86 4.00% $19,014.63 $19,020.04 $19,944.21 $20,034.42 $21,083.96 $20,780.64 $20,395.89 $20,994.17 $20,503.59 $21,627.99 $20,988.73 $20,393.65 $244,781.90 3.00% $511,81448 5.00% $23,768.28 $23,775.05 $24 930.26 $25,043.03 $26,354.95 $25,975.80 $25,494.86 $26,242.71 $25,629 49 $27,034 98 $26,235.91 $25,492.07 $305,977.38 3.00% $639,768.11 6.00% $28,521.94 $28,530.06 $29,916.31 $30,051.63 $31,625.94 $31 170.96 $30,593.83 $31 491.25 $30,755.39 $32,441 98 $31 483.09 $30,590.48 $367 172.86 3.00% $767 721 73 7.00% $33,275.60 $33,285.07 $34,902.36 $35,060.24 $36,896.93 $36,366.12 $35,692.81 $36,739.79 $35,881.28 $37,848.98 $36,730.27 $35,688.89 $428,368.33 3.00% $895,675.35 8.00% $38,029.26 $38,040.07 $39,888.41 $40,068.85 $42,167 92 $41,561.28 $40,791 78 $41,988.33 $41,007 18 $43,255.98 $41,977 45 $40,787.31 $489,563.81 3.00% $1,023,628.97 Solid Waste Utility Tax* Without residential Annual Growth Biennial Tax Rate Revenue Rate Revenue 3.00% $13,006.13 $13,113.69 $13,695.62 $13,784.26 $14,540.98 $14,359.43 $14 045.06 $14 477.79 $14 132.49 $14,918.38 $14 471.29 $14,002.71 $168,547.83 3.00% $352,416.66 4 00% $17,341.50 $17 484 92 $18,260.82 $18,379.01 $19,387.98 $19,145.90 $18,726.75 $19,303.73 $18,843.33 $19,891 18 $19,295.05 $18,670.28 $224,730.44 3.00% $469,888.88 5.00% $21 676.88 $21,856.15 $22,826.03 $22,973.77 $24,234 97 $23,932.38 $23,408.43 $24,129.66 $23,554 16 $24 863.97 $24,118.81 $23,337.85 $280,913.05 3.00% $587 361.09 6.00% $26,012.25 $26,227.38 $27 391.23 $27,568.52 $29,081.97 $28,718.85 $28,090.12 $28,955.59 $28,264.99 $29,836 77 $28,942.57 $28,005.42 $337 095.66 3 00% $704,833.31 7 00% $30,347.63 $30,598.61 $31,956.44 $32,163.27 $33,928.96 $33,505.33 $32,771.80 $33,781.52 $32,975.82 $34 809.56 $33,766.33 $32,672.99 $393,278.27 3.00% $822,305.53 8.00% $34,683.01 $34,969.84 $36,521.64 $36,758.02 $38,775.96 $38,291.80 $37 453 49 $38,607 45 $37,686.65 $39,782.36 $38,590.10 $37,340.56 $449 460.88 3 00% $939 777 75 To be determined if this should be a utility tax or franchise fee. Tax Rate Difference 3.00% $31 444.21 4 00% $41 925.61 5.00% $52,407.01 6.00% $62,888.41 7 00% $73,369.82 8.00% $83 851.22 City of Tukwila . Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO Mayor Haggerton Rhonda Berry Finance and Safety Committee FROM Shawn Hunstock, Finance Director DATE September 1, 2009 SUBJECT Change in bank account for Municipal Court ISSUE The Court currently has a bank account with Wells Fargo The Court contracts with an armored car service for daily pickup and delivery to Wells Fargo This is in addition to the armored car service Finance has in place with U S Bank for all other City Hall deposits This arrangement results in additional costs with two different armored car services coming to City Hall each day BACKGROUND The Finance Department implemented an armored car service several months ago with daily pickup and delivery to U S Bank. One of the benefits of doing so was eliminating the need for Finance staff to have to drive to the bank each day At the same time the Court needed to either make their own deliveries each day for their Wells Fargo account, or contract for separate armored car service The Court chose to go with their own armored car service DISCUSSION The Municipal Court would like to change banks from Wells Fargo Bank to U S Bank effective October 1 2009 The primary reason for this change is. to enable the Court to take advantage of the armored car service currently being provided to Finance If the Court used U S Bank for its banking services, the Court deposits could be included with other City Hall deposits and be transported to the bank by the existing armored car service that is in place with U S Bank. This would eliminate the need for a second armored car service to City Hall, and thereby reduce costs at the Court, RECOMMENDATION The Finance and Safety Committee is being asked to approve a new checking account with U S Bank for the Court. This type of item does not need to go to Council for approval FROM DATE. SUBJECT Schedule I Sales Receipt Month Month Jan Mar Feb Apr Mar May Apr June May July June Aug July Sept Aug Oct Sept Nov Oct Dec Nov Jan10 Dec Feb10 Totals Mitigation Received City of Tukwila INFORMATIONAL MEMORANDUM TO Mayor Haggerton Rhonda Berry Finance and Safety Committee Shawn Hunstock, Finance Director August 26, 2009 Sales Tax Revenue for June 2009 2008 2009 Actual Estimated 1347 1403 1 357 1,397 1,601 1 654 1 365 1,497 1 635 1,560 1 646 1 757 1 535 1,661 1 555 1 647 1,426 1 685 1,298 1,521 1,265 1 589 1,723 2,175 17,753 19,546 2009 Increase /(Decrease) Actual Month YTD 1 172 (231) (231) 1,051 (346) (577) 1 146 (508) (1,085) 1,191 (306) (1 391) 1,082 (478) (1 869) 1,217 (540) (2,409) 6,859 Jim Haggerton, Mayor in 1,000's %Increase /(Decrease) Month YTD -16 46% 0 00% 24 77% -20 61% 30 71% -24 36% -20 44% -23 37% -30 64% -24 88% 30 73% -25 99% 741 7,600 82.00% of Budget Incl. Mitigation Sales tax collections showed the tenth consecutive decrease in June compared to the same period in the prior year June is historically the second highest month, behind only December, for sales tax collections. For 2009 collections were significantly less than both budget and the same month in the prior year Actual receipts for June 2009 were $540,000 less than budget, and $429,000 less than the same period last year We are now down 25 99% for the year compared to budget, and 23 37% compared to the same period last year The chart above also includes the mitigation payment we received at the end of March and June for fourth quarter 2008, and first quarter 2009 respectively Including the mitigation payment, we are currently at 82% of budget for the year to date The mitigation payment we received in June was $346,046.24 This was a 12 4% decrease from the $394,987 43 we received for fourth quarter 2008 The next mitigation payment will be received on September 30, 2009 Schedule 11 shows the year -to -date sales tax from the top ten industry classifications. As this schedule indicates, the trend is flat or down for all of the classifications. INFORMATIONAL MEMO Page 2 Schedule II Group Name 452* General Merchandise Stores 448* Clothing and Accessories 722* Food Services, Drinking Places 423* Wholesale Trade, Durable Goods 443* Electronics and Appliances 441 Motor Vehicle and Parts Dealer 236 Construction of Buildings 451 Sporting Goods, Hobby, Books 453* Miscellaneous Store Retailers 444* Building Material and Garden Mitigated NAICS Code Schedule III Group Name 323* Printing and Related Support 442* Furniture and Home Furnishings 236 Construction of Buildings 237 Heavy and Civil Construction 423* Wholesale Trade, Durable Goods 522 Credit Intermediation 621 Ambulatory Health Care Service 541 Professional, Scientific, Tech 453* Miscellaneous Store Retailers 518 Internet Service Providers Mitigated NAICS Code H:\Sales Tax120091Info Memo Sales Tax 082709.doc YTD Current 890 946 882,220 631 684 631,515 451 136 373 376 313,907 262,385 253 911 251 019 Please let me know if you have any comments or questions. Thank you YTD Dollar Prior Diff Diff 1 025 119 (134,173) -13 09% 862,740 19 480 2.26% 626 325 5 359 0 86% 1 160,223 (528 707) -45 57% 554 439 (103 303) -18 63% 486 835 (113,459) 23.31% 715 694 (401 787) 56.14% 294,370 (31,985) -10 87% 366 519 (112,608) -30 72% 333,839 (82,821) -24 81% As you can see there are large variances from last year for the same time period For instance, sales tax for Construction of Buildings is down by 56 14 Wholesale Trade and Durable Goods is down by 45 57 and Miscellaneous Store Retailers is down by 30 72% These declines are offset by very small increases in other areas, such as Clothing and Accessories, which increased by 2.26 and Food Services and Drinking Places, which increased by 0 86% As you can see from Schedule II, eight of the top ten merchant categories have declined versus prior year, and nine of the ten industry classification codes are ones for which we receive streamlined sales tax mitigation. Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000 collected through June YTD YTD Dollar Current Prior Diff Diff 32,116 102,003 (69,887) 68.52% 169 446 400,480 (231 034) -57 69% 313,907 715 694 (401 787) -56 14% 37,267 70,958 (33 691) -47 48% 631 515 1 160,223 (528 707) -45 57% 15,172 26197 (11025) 42.08% 30,299 45,914 (15,615) -34 01% 89 344 134 564 (45,220) -33 61% 253,911 366 519 (112,608) -30 72% 30 670 42,294 (11,624) -27 48% Attached is a Sales Tax Summary comparing year -to -date 2009 vs. 2008 by major SIC codes. Also included is a comparison of total receipts year -to -date for the last four years NAICS CONSTRUCTION 08 TOTAL 236 Construction of Buildings 1,302,567 237 Heavy Civil Construction 130,624 238 SoeciaIt Trade Contractors 530,490 TOTAL CONSTRUCTION 1,963,680 Overall Construction Change from Previous Year MANUFACTURING 311 Food Manufacturing 312 Beverage Tobacco Products 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 316 Leather Allied Products 321* Wood Product Manufacturing 322* Paper Manufacturing 323' Printing Related Support 324 Petroleum Coal Products 325 Chemical Manufacturing 326 Plastic Rubber Products 327* Nonmetallic Mineral Products 331 Primary Metal Manufacturing 332 Fabricated Metal Mfg Products 333 Machinery Manufacturing 334' Computer Electronic Products 335 Electric Equipment, Appliances 336 Transportation Equipment Mfg 337' Fumiture Related Products 339* Miscellaneous Manufacturing TOTAL MANUFACTURING Sales Tax Mitigation NAICS Codes 1 08 TOTAL 4,997 2,328 1,050 22,660 215 9 9,515 21,545 143,009 9,630 8,068 4,085 5,242 52 6,310 -8,777 44,162 895 191,525 31,384 22,411 520,315 TRANSPORTATION WAREHOUSING 08 TOTAL 481 Air Transportation 0 482 Rail Transportation 484 Truck Transportation 485 Transit and Ground Passengers 488 Transportation Support 491 Postal Seances 492 Couriers Messengers I 493' Warehousing Storage TOTAL TRANSP WHSING 08/27/2009 Overall Manufacturing Change from Previous Year 1,935 965 11,502 28,728 88 476 781 44,475 Overall Transportation Change from Previous Year WHOLESALE TRADE 08 TOTAL I 423' Whls Trade Durable Goods 1,777,808 I 424* Whls Trade Nondurable Goods 113,096 425' Wholesale Electronic Markets 2,805 WHOLESALE TRADE TOTAL 1,893,709 Overall Wholesale Change from Previous Year YTD 08 YTD 09 YTD %Diff 715,694 313,907 -56.1% 70,958 37,267 -47.5% 258,168 200,019 •22.5% 1,044,820 551,192 ($493,628) -47.296 YTD 08YTD 09YTD %Diff 2,245 680 -69.7% 769 1,441 87.3% 42 155 265.2% 15,605 6,196 60.3% 42 37 -13.1% 2 4 113.0% 4,075 1.778 -56.4% j 10,191 9,902 -2.8% 1 102,003 32,116 -68.5% I 5,506 2,795 -49.2% 4,758 3,179 -33.2% 2,586 1,780 31.2% 1,466 1,109 -24.3% 26 60 126.1% 3,055 1,702 -44.3% 12,103 2,084 117.2% 29,616 9,952 -66.4% 33 90 174.7% 103,298 78.502 -24.0% 25,297 5,096 -79.9% 5,499 6,358 15.6% 304,010 165,015 (5138,995) -45.7% 1 YTD 08 YTD 09 YTD Diff 0 0 0.0% 974 800 17.9% 221 1,366 5174% 5,516 5,660 2.6% 14,301 11,930 16.6% 37 0 100.0% 76 30 -60.1% 387 579 49.7% i 21,512 20,365 ($1,147) -5.3% YTD 08 YTD 09 YTD Diff 1,160,223 631.515 -45.6% 1 39,090 54.197 38.6% I 1,860 1,034 -44.4% I 1,201,173 686,746 ($514,427) 42.896 SALES TAX SUMMARY June 2009 (Received in August) NAICS AUTOMOTIVE I 441' Motor Vehicle Parts Dealer I 447' Gasoline Stations TOTAL AUTOMOTIVE 08 TOTAL 993,146 73,034 1,066,181 Overall Automotive Change from Previous Year NAICS RETAIL TRADE 442' Fumiture Home Furnishings 443' Electronics Appliances 444' Building Material Garden 445' Food Beverage Stores 446' Health Personal Care 448' Clothing Accessories 451* Sporting Goods, Hobby, Books 452' General Merchandise Stores 453' Miscellaneous Store Retailers 454* Nonstore Retailers TOTAL RETAIL TRADE Overall General Retail Change from Previous Year SERVICES 51X Information 52X Finance Insurance 53X Real Estate, Rental, Leasing 541 Professional, Scientific, Tech 551 Company Management 56X Admin, Supp, Remed Svcs 611 Educational Services 62X Health Care Social Assistance 71X Arts Entertainment 72X' Accommodation Food Svcs 81X Other Services 92X Public Administration TOTAL SERVICES 08 TOTAL 621,785 1,077,238 619,645 88,317 146,841 2,101,593 644,522 2,231,745 721,034 116,347 8,369,066 08 TOTAL 570,706 75,585 403,851 338,302 1,902 167 119 12,727 109,308 106,515 1,858,292 192,450 843 3,837,599 Overall Services Change from Previous Year MISCELLANEOUS 08 TOTAL 000 Unknown 1,147 111 -115 Agriculture, Forestry, Fishing 1,095 211 -221 Mining Utilities 19,574 999 Unclassifiable Establishments 35,837 MISCELLANEOUS TOTAL 57,652 Overall Miscellaneous Change from Previous Year Page 1 08 TOTAL GRAND TOTALS $17,752,678 Grand Total Change from Previous Year ti YTD 08 YTD 09 YTD Diff 486,835 373,376 -23.3% I 40,014 29,918 -25.2% f 526,849 403,294 (5123,555) -23.5% 08YTD 09YTD %Diff 400,480 169,446 57.7% 554,439 451,136 18.6% 333,839 251,019 -24.8% 54,669 42,023 -23.1% 72,653 88,208 21.4% 862,740 882,220 2.3% 294,370 262,385 -10.9% 1,025,119 890,946 -13.1% 366,519 253,911 -30.7% 57,806 43,677 -24.4% 4,022,635 3,334,971 ($687,664) -17.1% YTD 08 YTD 09 YTD Dift 272248 273,505 0.5% 32,433 21,179 34.7% 201,108 169,114 -15.9% 134,564 89,344 -33.6% 1,164 540 -53.6% 66,502 68,124 2.4% 3,341 17,596 426.7% 56,485 40,434 -28.4% 54,627 44,383 -18.8% 890,261 861,680 -3.2% 96,306 90,867 -5.6% 279 11,809 4265.8% 1,809,309 1,688,574 (5120,734) -6.7% YTD 08 YTD 09 YTD Diff 792 397 -49.9% 198 80 -59.6% 7,294 6,845 -6.2% 13,626 2.130 -84.4% 21,910 9,451 (512458) -56.9% YTD 08YTD 09YTD %Diff 98,952,216 $6,859,608 (52,092608) 23.38% TUK Soles Tax Rpt 20090671, 2009 2008 d 2007 2006 Four Year Comparison $8,952,217 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $9,127,205 $8,370,919 I Taxes Collected Year to Date I $6,859,622