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Home My WebLink AboutCAP 2014-04-29 COMPLETE AGENDA PACKET �IILA 14, City of Tukwila Distribution: J� .q J. Duffle S. Kerslake '< S',S D. Robertson L. Humphrey O1 44.'(4,-i. y Community Affairs & V. Seal E. Boykan D.Quinn B.Giberson a `' -. Parks Committee Mayor Haggerton R.Still O D.Cline J. Pace �J1 0 Joe Duffle, Chair C.O'Flaherty L. Miranda -Z 906 0 Dennis Robertson O Verna Seal AGENDA TUESDAY,APRIL 29, 2014—5:30 PM HAZELNUT CONFERENCE ROOM (formerly known as CR #3)at east entrance of City Hall Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Application for 2015 CDBG (Community Develop- a. Forward to 5/5 Consent Pg.1 ment Block Grant) funds for the Minor Home Agenda. Repair Program. Evelyn Boykan, Human Services Program Manager b. Application for a 4Culture grant for the Tukwila b. Committee approval. Pg.23 Heritage and Cultural Center. Bob Giberson, Public Works Director c. King County property tax levy agreement. c. Forward to 5/5 Consent Pg.25 Rick Still, Parks& Recreation Director Agenda. d. Grant award from the Washington State Department d. Forward to 5/5 Consent Pg.47 of Commerce. Agenda. Jack Pace, Community Development Director, and Lynn Miranda, Senior Planner 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, May 13, 2014 15 The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. f 4.NILAwq 0 �yz City of Tukwila oJim Haggerton, Mayor 1906 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton, David Cline Community and Parks FROM: Evie Boykan, Human Services Manager DATE: April 21, 2014 SUBJECT: Authorization to submit CDBG Application for Minor Home Repair 2015 ISSUE King County must receive a Mayor's signed application, as authorized by the City Council, for the annual application to King County for Federal Community Development Block Grants. These funds target the Tukwila Minor Home Repair program. For 2015, we propose serving as the fiscal administrator for minor home repair in the cities of Tukwila, SeaTac, Des Moines, and Covington. This program successfully assists low and moderate income homeowners in maintaining their homes. We are applying for $130,000 for the 4 cities. —We estimate about $35,000 in-kind staff time from the respective 4 cities. This is estimated dollar value of the time the staff contribute to making this program work. Only one city, Des Moines, uses some of their construction money to pay for staffing costs. BACKGROUND The Office of Human Services has been administering this program in-house since 2005. In 2012 our contractors served 17 unduplicated Tukwila households with 83 hours of labor. While we are still spending on 2013 dollars, we expect to receive a contract this spring/summer for 2014 dollars. Tukwila's current budget for this program is $125,000 for the entire program with $28,000 for Tukwila. DISCUSSION This application competes county wide with other capital, federal applications from both cities and non-profit agencies. Tukwila sits at the table to recommend capital projects, but of course cannot vote on their own application. RECOMMENDATION We seek Council support for this application and request consideration for placement on the Consent Agenda at the May 5th Regular Meeting. ATTACHMENTS Part I Application—The full application is in process. W:12014 Info Memos-Council\CDBG2015.doc 2 PART I. APPLICATION TITLE PAGE 2015 CDBG Capital Application‘: 1. Applicant Agency Name City of Tukwila Office of Human Services 2. Title of Proposed Project _Tukwila/SeaTac/Des Moines/Covington Minor Home Repair 3. Project Site Street Address Jurisdictional boundaries including, 98042, 98148, 98168, 98178, 98188 and 98198 Tax Parcel #: (For Mapping Purposes) (Zip Code Required) Congressional District: 8,9 4. Proposed Use of CDBG Funds (Summarize in one or two sentences how CDBG funds will be used.) Funds will be used to provide grants for housing repair and maintenance for income eligible homeowners within the jurisdictional boundaries of the above cities. Housing preservation and maintenance are the goals with safety and health needs prioritized. 5. 2015 King County Consortium CDBG Funds Requested: $_130,000 Matching funds (in-kind, local, private): in-kind $35,000 Other Grant, State Federal Fund Sources (detailed in Application) $ 0 Total Project Cost: $ $165,000 6. Can your project be funded at a reduced level if necessary? _x_yes no. If yes, what is the minimum amount of CDBG funding needed to still have the project go forward? $100,000 What would be changed to address the reduction of funds? Performance objectives would be changed. Less households would be served. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION INCLUDED IN THIS APPLICATION HAS BEEN CAREFULLY EXAMINED. APPLICANT UNDERSTANDS AND AGREES TO COMPLY WITH THE POLICIES, RULES AND REGULATIONS REFERENCED IN THE APPLICATION IF FUNDING IS AWARDED. IT IS FURTHER UNDERSTOOD THAT INFORMATION PRESENTED IN THIS APPLICATION WILL BECOME A PART OF ANY SUBSEQUENT FUNDING CONTRACT. Applicant Contact Information X Authorized Signature of Applicant Evie Boykan, Human Services Manager Print or Type Contact Name and Title Evie Boykan, Human Services Manager Print or type Name and Title E-mail Address E-mail Address:_evie.boykan @tukwilawa.gov Phone and Fax#206-433-7180, 206-433-7183 ATTENTION: Applications submitted by cities or towns must be signed, not stamped, by your Mayor or City Manager and authorized by your City Council. Applications submitted by nonprofit organizations or special districts must be signed by an authorized representative and authorized by your board. A copy of City Council or board minutes authorizing submittal of your application must be submitted with the application. Labeled Attachment No.1 ■ eneral Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 3 PART I. APPLICATION TITLE PAGE 201re5 CDBG Capital Application „a,s If more than one application is submitted, the City Council or board minutes authorizing the applications must indicate priority order of proposal request. • PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 4 • PART I. AGENCY INFORMATION • 201 ,5 CDBG Capital Application Tuhis followin a a VrOrAHCDwA `�licatio'nz'Track n""%Pur oses`Onl a `o,on to` f,etnezt fay ex � Jp.:,9 ,...k.-> ..... Pp ,�a,.,..�....��.X..:9�� pY��9 � p :J.> • Appl cati`o�n,M,odificatrons: ;,,(„H,,,CD'UseeOnlyj . . 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's �a" i x ^'�c a. � :?' si ` `r�,` :� x= a '�s ,� a r�°�.„' i ; a' d.c" 33�e .;fib g '.„ . ,,,,, ?. r PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 5 . . PART I. AGENCY INFORMATION 2015 CDBG Capital Application A. AGENCY CONTACT SHEET AND ORGANIZATION INFORMATION Grant Writer Contact Name: Evie Boykan Agency Name/Title: City of Tukwila, Human Services Manager E-Mail: evie.boykan @tukwilawa.gov Phone and Fax#: 206-433-7180, 206-433-7183 Web Site Address: • General (Offices) Agency Name: City of Tukwila Mailing Address: 6200 Southcenter Blvd City/State/Zip: Tukwila, WA 98188 Phone and Fax#: 206-433-7180, 206-433-7183 Web Site Address: www.tukwilawa.gov Executive Director Name/Title: David Cline, City Administrator E-Mail: David.Cline @tukwilawa.gov Phone and Fax#: 206-433-1851, 206- 433-7191 Financial Staff Name/Title: Peggy McCarthy, Finance Director E-Mail: Peggy.McCarthy@tukwilawa.gov Phone and Fax#: 206-433-1838, 206-433-1833 Fiscal Information Applicant's Federal Taxpayer ID No. 91-_6001519 Applicant's Federal DUNS Number: 01-202-7504 NCAGE Number 47Z60 King County Vendor# _2097 B. AGENCY SERVICE INFORMATION B.1. What services does your agency provide? Describe the need or problem your program is designed to meet. What is the problem/need you are addressing? Quantify this need, using local or regional data that confirm or describe the problem or need. How much of the need are you currently serving? The City of Tukwila provides municipal services to a very diverse residential population of over 19,000 residents and 150-170,000 day individuals including visitors, employees, shoppers and students. Our median household income is less than King County's, and many other cities. Our poverty figures continue to climb, gaining national attention at the Brookings Institute's Metropolitan Policy program. Most of our housing stock was built prior to 1978 and many of our homeowners have difficulty in maintaining that housing. The majority of the housing repair clients served make 50% of median income and below. We continue to hear from homeowners around issues of unemployment, health related barriers, and skyrocketing utility and other basic need costs. We estimate that we are serving about 10% of the need. SeaTac homeowners are in similar situations. 17% of SeaTac's population is living at or below the poverty level, compared to 12.9% statewide. More than 40% speak a language other than English at home. Nearly 25% of their population lacks health insurance. In Covington, 44% of the housing stock was built prior to 1979. About 28% of the households meet median low income guidelines, with 13% of families having a female head of household below the poverty level. In Des Moines almost 14% of the population is below poverty level. 20-51% of Des Moines households experience a severe cost burden in meeting their housing needs. 44% of the population is low to moderate income. From 2012 data showed that 62% of clients served in the minor home repair program were documented at 30% of median income or below. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page PART I. AGENCY INFORMATION 2015 CDBG Capital Application In summary, the above cities are struggling economically. We are still seeing effects of the recession. Homeowners are struggling to maintain their housing in decent condition. The minor home repair program provides a boost to help ensure greater housing stability, and preservation of affordable housing. B.2. How do you determine eligibility (income screening, location of residence, eligibility in other government programs? Are you familiar with current CDBG income screening requirements? [PART Ill, VI and VII applicants will need to provide a copy of the tool used during the client intake process as an attachment per instructions.] The staff involved in delivering this program are seasoned and familiar with CDBG requirements. Tukwila started this program 9 years ago. Each city maintains confidential files that document the homeowners household income. Tool is attached in this application. B.3. Describe the process your agency uses to a) assess community needs, b) obtain input from clients on service delivery and c) ensure the services are delivered by culturally competent staff in a culturally competent manner. How often is this assessment completed? The City's 2012 strategic plan includes the most recent needs assessment. Our commitment to gaining public input has supported a Community Connectors program that has been instrumental in engaging community for input into the City's Comprehensive plan. These Community Connectors represent multiple language and cultural groups. They have been instrumental in both identifying needs and communicating city information. The Human Services Division collects on-going demographic and qualitative data substantiating need, and barriers to accessing services. We continue to work with consultants to improve our cultural sensitivity and awareness in working in one of the most diverse communities in the nation. The local school district has been very cooperative in sharing demographic data on the student population. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 7 PART I. AGENCY INFORMATION 2015 CDBG Capital Application B.4 Agency Service Profile. If your agency provides direct services, use the table below to indicate the total number of individuals, including family members, served by your agency during 2013 and 2014 according to the applicable income category. Yearly Income 30% Median 50% Median 80% Median Total number of Categories Very Low-Income Low Income Moderate individuals Income served For year 2012 38 16 63 For year 2014 20 15 9 We are still in the 2013 contract year, so we do not have complete data. For this purpose I am sharing 2012 data, and data from the first two quarters of 2013. We are also counting households and not individuals. Also note that contract requires measurements of 31-50% and 51-80% which is not consistent with this table. C. AGENCY PROGRAM EXPERIENCE C.1. Describe the length of time the agency has operated, date of incorporation, the purpose of the agency, and the type of corporation. Describe the type of services provided, the agency's capabilities, the number and characteristics of clients served, and required licenses to operate (if applicable). The City of Tukwila incorporated in 1908 and serves the residential and business community within its boundaries. A wide range of municipal services are provided, both mandated and discretionary according to the identified needs in the city. C.2. Briefly describe the agency's existing staff positions and qualifications, its capacity to carry out this activity, and state whether the agency has a personnel policy manual with an affirmative action plan and grievance procedure. Evie Boykan, Human Services Manager has managed CDBG funds since 1991 and has been involved with minor home repair services since 1999. In 2005, the cities of Tukwila and Sea Tac joined together to offer a minor home repair program to their residents. We found we were able to serve many more households than our prior contracted partner. Later the cities of Covington and Des Moines joined. All cities participate in an interlocal agreement. Tukwila maintains a personnel policy manual and is an equal opportunity employer, and assures equal employment regardless of race, creed, color, etc. The City also maintains policies and procedures regarding grievances. D. AGENCY BACKGROUND INFORMATION D.1. Provide Agency's current adopted Mission Statement or Vision Statement: Vision— The City of opportunity, the community of choice Mission—To provide superior services that support a safe inviting, and healthy environment for our residents, businesses and guests. D.2. Agency Financial Management Profile D.2.1 Audit: - OMB A-133 Provide a copy of the most recent A-133 Audit. Label it Attachment 2 D.2.2 Did your agency receive a cumulatively amount of $500,000 or more in federal funds in 2013? _x_Yes _ No (If yes, please provide a copy of the Schedule of Expenditures of Federal Awards (SEFA). Label it Attachment 2.a SEFA PA8RT I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page PART I. AGENCY INFORMATION 2015 CDBG Capital Application D.2.3 Does your agency anticipate receiving a cumulative total of$500,000 or more in federal funds in 2014?_x Yes No Please describe the source and purpose. This is spelled out in the SEFA schedule including Department of Agriculture, Department of Justice, Department of Transportation for everything from child and adult care food program, to block grant, to state criminal alien assistance program, public safety, highway planning and construction, etc. OR Audit(s) - Miscellaneous Financial Report(s) D.2.4. If an audit is not available, then a financial statement(s) that include General Ledger and Balance Sheet detail for the most recent one year period is required. Label as Attachment . D.3. Organization Chart - Provide a chart that outlines the level of authority associated with the implementation of a project if funds are awarded. This should reflect the front line person through to the authority who signs the Application and the Contract. Label as Attachment 3 D.4 Non-Profits or Special Districts —Additional Required Attachments ,. ❑ Current List of Agency Board Members Attachment No 4.1 Provide a current list of Agency Board of Directors: Include name, position/title, city residence, length of time on the Board, and expiration of terms. Note any vacant positions. ❑ Current Bylaws; Articles of Incorporation Attachment No 4.2 ❑ Copy of Non-Profit IRS Letter of Designation Attachment No 4.3 E. PROJECT PARTNER SPONSOR INFORMATION: (Applies to King County Housing Authority and King County Department Sponsored Projects only) E.1. General Agency Name: Mailing Address: City/State/Zip: Phone and Fax#: Web Site Address: E.2 Executive Director Name/Title: E-Mail: Phone and Fax#: E.3. If King County: (Division Director) Name/Title: Department: E-Mail: Phone and Fax#: Assigned Staff Contact Name: E-Mail: Phone and Fax#: F. CULTURAL COMPENTENCY PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 9 PART I. AGENCY INFORMATION 2015 CDBG Capital Application Housing and Community Development is making efforts to achieve cultural competency in the delivery of social services to populations of diverse ethnic, racial, religious, linguistic and other backgrounds. Most local agencies are already serving the needs of these diverse populations with great success. The concept of cultural competency seeks to extend these efforts to even better serve the diversity of people in our communities. • Definition of Cultural Competency: An ongoing and evolving process that comprises knowledge attainment and the development of behaviors, attitudes, policies, and practices that come together in a system of care enabling agencies, programs, and individuals to increase access to services and to develop or adapt services that are appropriate to specific cultural needs. • Cultural competency implies a process, rather than a single point in time. Further, it requires the attainment of knowledge and skills that will help providers and programs work more effectively with people who have diverse backgrounds and experiences. Finally, cultural competence requires action to increase access and cultural adaptation based on what is learned about individuals and communities. • Cultural competency denotes a commitment to social change, accessibility to opportunity, and delivery of services that are relevant to the details of a household's particular cultural background. Please respond to the following questions: (Please answer all three questions one single page.) F.1 To the best of your ability please describe the diversity of people your agency currently serves in terms of the following categories: race, ethnicity, religious affiliations, language groups, sexual orientation, and disability (physical and psychiatric), We are one of the most diverse communities in the country. Over 70 languages are spoken in our school district. Non-Hispanic whites represent 54% of our population. We are home to people all over the world, being a popular resettlement community. We are home to multiple faith groups, and have one of the largest Mosques in the state. The disability information we have is from 2011-2012. 146 adults received disability lifeline assistance. We do not have data on sexual orientation. F.2 How are your agency's services constructed to meet the needs of its clients based upon their identity as a member of one or more of these groups? (Examples: give #'s of bilingual staff, access to interpreter services, or collaborations with specialized expertise from agencies that serve minority populations.) We work with specialized providers, language line and interpreters for city mandated interpretation and translation. We contract with providers such as Global to Local and Dynamic Language for targeted events and community engagement. We assist each other across departments to try and make our services as accessible as possible. F.3 Do you have a training strategy in place to achieve cultural competency? Please describe. We have received training from Cultures Connecting on cultural competency and awareness. We expect to continue receiving city-side training as well as individual departments taking advantage of department specific training. We have an internal, cross departmental working group that addresses this issue across the City. Resources: The following resources are available to increase your agency's ability to serve people of diverse backgrounds in a culturally competent manner: • Training opportunities are available through: minority Executive Directors Coalition (206) 325- 2542, or University of Washington School of Social Work. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page PART I. AGENCY INFORMATION 2015 CDBG Capital Application On the web: http://cecp.air.org/ • King County Resource: http://search.kingcounty.gov/search?utf8=%E2%9C%93&affiliate=kingcounty&query=cultural+c ompetency G. EQUITY AND SOCIAL JUSTICE King County, through the King County Strategic Plan, and U.S. Department of Housing and Urban Development (HUD), through Environmental Justice, strive to reach and serve citizens in a fair and equitable manner. "Equity" means all people have full and equal access to opportunities that enable them to attain their full potential. "Community" means a group of people who share some or all of the following: geographic boundaries, sense of membership, culture, language, common norms and interest. "Determinants of equity" means the social, economic, geographic, political and physical environment conditions in which people in our county are born, grow, live, work and age that lead to the creation of a fair and just society. Access to the determinants of equity is necessary to have equity for all people regardless of race, class, gender or language spoken. Inequities are created when barriers exist that prevent individuals and communities from accessing these conditions and reaching their full potential. For more information on Equity and Social Justice in King County, please visit: http://www.kingcounty.gov/exec/equity.aspx[DM1] G.1 What methods or tools does your agency use to ensure that your service delivery is equitable? We have been pursuing multiple strategies to increase equitability in service delivery. The city's website is now available in multiple languages, and increasing numbers of departments are translating materials. We developed a Governing 101 training which has been used to train community members representing more language and culturally diverse residents to help them understand how the city works and how to get their needs met with different issues. We are increasing our community engagement efforts and sharing our success with local cities such as SeaTac. The parks and recreation department strategic plan is making some bold steps toward equitable services. They invited Project Feast, a small group that offers training to low income populations to learn food preparation and catering groups, to have an office at the Community Center. Their presence is introducing a new part of the community to the Community center.Our consultant from Cutlures Connecting is working with individual departments to identify the most appropriate training to be used. G.2 What steps could you take going forward to address barriers that could be identified that cause inequity in your service delivery? This is an on-going process that will take commitment, energy from representatives across all city departments. We expect that commitment to continue to be supported by Administration and City Council. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 11 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application A. Eligibility Check Q the one activity that you have determined your project would best qualify under: HUD Priority CFR Matrix Need Check Activity Citation Code Level j Activity Community Facilities *Acquisition of Real Property ; 570.201(a) 001 Medium ; ❑ • . Senior Centers 570.201(c) 03A High i ❑ Handicapped Centers 570.201(c) 03B High ❑ Homeless Facility (Not operation) 570.201(c) 03C High ❑ Youth Centers 570.201(c) i 03D High ❑ Neighborhood Facilities 570.201(c) 03E High ❑ Child Care Centers 570.201(c) 03M High ❑ Fire Station/Equipment 570.201(c) 030 -- ❑ Health Facilities i 570.201(c) 03P High i ❑ Abused and neglected Children Facilities 570.201(c) 03Q -- ❑ Facilities for AIDS Patients (Not Operation) ; 570.201(c) 03S -- ❑ Other- **Removal of Architectural Barriers 570.201 Parks Parks, Recreational Facilities 570.201(c) 03F High ❑ Tree Planting 570.201(c) 03N -- ❑ Public Infrastructure Solid Waste Disposal Improvements 570.201(c) 03H High ❑ Flood Drainage Improvements 570.201(c) 031 High ❑ Water/Sewer Improvements 570.201(c) 03J . High ❑ Street Improvements 570.201(c) 03K High ❑ Sidewalks 570.201(c) 03L High ❑ Other- **Removal of Architectural Barriers 570.201 Miscellaneous Minor Home Repair i 570.202 14A High ©❑ Non-residential Historic Preservation 16B -- ❑ ED Direct Financial Assistance to For-Profits 570.203 18A -- ❑ Micro-Enterprise Assistance i 570.203 18C Medium ❑ *Acquisitions of real property are for high priority facility and infrastructure projects and goals are contained within the goals for those two areas. **As associated with one of the activities noted above it. A.1 Provide (in narrative) why you feel the project falls within that category. Self explanatory PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application B. National Objective B.1 AREA BENEFIT L/M Income Area Benefit For these purposes, an Area Benefit activity is an activity that is available to benefit all the residents of an area that is primarily residential. In order to qualify as addressing the national objective of benefit to L/M income persons on an area basis, an activity must meet the identified needs of L/M income persons residing in an area where at least 51 percent of the residents are L/M income persons. The benefits of this type of activity are available to all residents in the area regardless of income. For example, typical Area Benefit activities include: ❑ Street improvements, ❑ Water and sewer lines, ❑ Neighborhood facilities, and ❑ Facade improvements in neighborhood commercial districts. The requirement that an area benefit activity must qualify on the basis of the income levels of the persons who reside in the area served by the activity is statutory. (See section 105(c)(2) of the Housing and Community Development Act of 1974 as amended.) This means that the activity may not qualify as meeting the L/M income area benefit national objective on any other basis. For example, if the assisted activity is a park that serves an area having a L/M income concentration that falls below the required percentage, the activity may not qualify even it there is reason to believe that the park will actually be used primarily by L/M income persons. Determining the Service Area The inclusion or exclusion of a particular portion of the grantee's jurisdiction can make the difference between whether the percentage of L/M income residents in the service area is high enough to qualify under the L/M Income Benefit national objective. The principal responsibility for determining the area served by an activity rests with the grantee. HUD will generally accept a grantee's determination unless the nature of the activity or its location raises serious doubts about the area claimed by the grantee. The area that the grantee determines will be served by an activity need not be coterminous with census tracts-or other officially recognized boundaries, but it is useful if it reasonably coincides with such boundaries because of the need to consider census data in the area, as discussed later in this section. It is critical, however, that the service area determined by the grantee be the entire area served by the activity. This means that, even though a predominantly L/M income neighborhood may be one of several neighborhoods served by an activity (e.g., a grocery store) the percentage of L/M income persons in the total area served by the activity is considered for this purpose. B.1.2 Define the service area. Briefly describe how the boundaries of the service area were determined. The service area includes the jurisdictional boundaries of the identified cities of Tukwila, SeaTac, Des Moines and Covington. Staff from these cities identified interest and the capacity to be able to implement the program. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 13 • PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application B1. National Objective — Area Benefit There are two ways to qualify for Area Benefit. Check Q the box and provide the information which supports the method of qualification that demonstrates how your proposed activity meets this national objective: ❑ B.1.3. Area Benefit/Census Tract(s) \and Block Group(s) and number of residents in Service Delivery Area. (Consult with HCD Staff to obtain HUD formula census data.) List ALL applicable Census Tracts and Block Groups along with the pertinent number of low/mod persons associated with the area. PART ill Excel Workbook— TAB 1. "B.1.3 Census Data" 1) Provide the completed worksheet as hard copy labeled "TAB 1", and 2) Provide the entire Excel Workbook as an attachment to your e-mail when you electronically submit your application to Kathy Trernper. (Kath y.:tremper©kingcpunty.:.9ov). Refer to Application Submittal Instructions ❑ B.1.4. Area Benefit/ Survey of Residents in Defined Service Delivery Area If a grantee has reason to believe that the available census data does not reflect current relative income levels in an area, or where the area does not coincide sufficiently well with census boundaries, HUD will accept information obtained by the grantee from use of a special survey of the residents of the area. The grantee must obtain HUD's approval of the survey instrument and other methodological aspects of the survey for this purpose. HUD will approve the survey where it determines that it meets standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. HUD requires documenting the following Survey Results in the Low and Moderate Income Worksheet to determine level of eligibility: Complete this table if the National Objective is determined via the Survey Instrument methodology. Action Required Expected (Assuming 95% Confidence Level) 1 Number of Families in Project Service Benefit Area 2 Number of families interviewed (surveyed) 3 Number of persons in the families interviewed * 4 Number of persons in the families interviewed who are low and moderate-income persons 5 Divide Line 4 by Line 3 6 Multiply Line 5 by 100. This is % of LMI persons in service area * Assuming 2.59 persons per household PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 14 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application B.2. National Objective - Limited Clientele Activities Benefiting Low/Moderate Income Persons A Low/Moderate income limited clientele activity is an activity which provides benefits predominantly to low to moderate-income persons rather than everyone in an area generally. It may benefit particular persons without regard to the area in which they reside, or it may be an activity which provides benefit on an area basis but only to a specific group of persons who reside in the area. In either case, at least 51% of the beneficiaries of the activity must be documented Low to Moderate income persons. Check El the one box below in Section B.2 that supports the method of qualification that demonstrates how your proposed activity meets the Limited Clientele national objective ❑ B.2.1 Presumed Benefit - To qualify under this subcategory, a limited clientele activity must meet one of the following tests: Exclusively benefit a clientele who are generally presumed by HUD to be principally UM income persons. The following groups are currently presumed by HUD to be made up principally of L/M income persons: abused children, elderly persons, (defined as 62 years of age and older) battered spouses, • homeless persons, adults meeting Bureau of Census' definition of severely disabled persons*, • illiterate adults, persons living with AIDS, and immigrant farm workers. (Note: this presumption may be challenged in a particular situation, if there is substantial evidence that the persons in the actual group that the activity is to serve are most likely not principally L/M income persons.) * The census definition of"severely disabled" follows: Persons are classified as having a severe disability if they: (a) used a wheel-chair or had used another special aid for six months or longer; (b) are unable to perform one or more "functional activities" or need assistance with an "ADL or IADL"; (c) are prevented from working at a job or doing housework; or (d) have a selected condition including autism, cerebral palsy, Alzheimer's disease, senility or dementia, or mental retardation. Also, persons who are under 65 years of age and who are covered by Medicare or who receive SSI are considered to have a severe disability. Note: For purposes of this definition, the term "functional activities"includes seeing, hearing, having one's speech understood, lifting and carrying, walking up a flight of stairs, and walking. An ADL is an "activity of daily living" which includes getting around inside the home, getting in or out of bed or a chair, bathing, dressing, eating, and toileting. An IADL is an "instrumental activity of daily living"and includes going outside the home, keeping track of money or bills, preparing meals, doing light housework, and using the telephone. It should also be noted that the so-called "presumed" categories were modified in the regulations in 1995. A new group has been added: "persons living with AIDS." The former category of"handicapped persons" has been replaced with "severely disabled adults." This latter change was made for two reasons. First, the PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 15 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application word "persons" was replaced with "adults" to make it clear that an activity designed to treat handicapped children would not qualify for the presumption, because HUD has been unable to find evidence that the majority of handicapped (or even severely disabled) children are members of a L/M income family. Moreover, the term "handicapped" has been replaced with "severely disabled" (which now will use the census definition of that term). This change was made because the term "handicapped" has been used in so many different ways for different Federal programs and has taken on a much broader meaning than had been envisioned when it was originally introduced as a "presumed" L/M income group for CDBG purposes. A review of census data supports the presumption that adults (but not children, as mentioned above) having severe disability are predominantly L/M income persons. ❑ B.2.2. Self-Certification of Income. Require information on family size and income so that it is evident that at least 51% of the clientele are persons whose family income does not exceed the L/M income limit. (This includes the case where the activity is restricted exclusively to UM income persons). Reference:§570.208(a)(2)(I)(B) and(C) An example of the current HUD Income Guidelines are found in the following table. Income guidelines are adjusted annually by the United States Department of Housing and Urban Development. Please contact County staff for technical assistance and guidance if you need additional information or clarification of required report documentation if funds are awarded for your project. 2014 HUD INCOME GUIDELINES Median Family Income=$88,200 Effective January 1, 2014 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY MODERATE SIZE LOW-INCOME LOW-INCOME INCOME 1 $18,550 $30,900 $44,750 2 $21,200 $35,300 $51,150 3 $23,850 $39,700 $57,550 4 $26,450 $44,100 $63,900 5 $28,600 $47,650 $69,050 6 $30,700 $51,200 $74,150 7 $32,800 $54,700 $79,250 8 $34,950 $58,250 $84,350 ❑ B.2.3. Nature / Location. Be of such nature and in such location that it may reasonably be concluded that the activity's clientele will primarily be L/M income persons (e.g., a day care center that is designed to serve residents of a public housing complex). Reference:§570.208(a)(2)(I)(D) ❑ B.2.4. Removal of Architectural Barrier. Be an activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of"severely disabled," provided it is restricted, to the extent practicable, to the removal of such barriers by assisting: - the reconstruction of a public facility or improvement, or portion thereof, that does not qualify under the L/M income area benefit criteria; - the rehabilitation of a privately-owned nonresidential building or improvement that does not qualify under the L/M income area benefit criteria or the L/M income jobs criteria; or - the rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under the L/M income housing criteria. Reference: p570.208(a)(2)(ii) PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application ❑ B.2.5. Self—Certification for Microenterprise. Be a microenterprise assistance activity carried out in accordance with the provisions of§570.201(o) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity during each program year who are low- and moderate-income persons. (Note that, for these purposes, once a person is determined to be L/M income, he/she may be presumed to continue to qualify as such for up to a three-year period. This would enable the provision of general support services to such a person during that three-year period, without having to check to determine whether the person's income has risen.) Reference: §570.208(a)(2)(iii) Because of certain statutory limitations, the regulations preclude the following kinds of activities from qualifying under the limited clientele category but qualify under the other statues: • Activities involving the acquisition, construction, or rehabilitation of property for housing, including homeownership assistance (these must qualify under the Housing subcategory, because of section 105(c)(3) of the authorizing statute); or • Activities where the benefit to L/M income persons is the creation or retention of jobs (these must qualify under the Jobs subcategory with certain exceptions as noted under the previous area benefit section, because of the different presumptions provided under sections 105(c)(1)(C) and (4) of the authorizing statute). Definitions Low/Moderate Income Limited Clientele Section 102(a)(20) of the HCDA defines the term low- and moderate income persons' as families and individuals whose incomes are no more than 80 percent of the median income of the area involved. The 'area involved' is determined for the CDBG program the same way it is determined for the Section 8 Housing program. The 80% of median income figure is determined by HUD based on a four-person family and is adjusted upward or downward for larger or smaller families. A family is defined in the Entitlement program as all persons living in the same household who are related by blood, marriage, or adoption. An individual living in a housing unit that contains no other person(s) related to him/her is considered to be a one-person family for this purpose. Adult children who continue to live at home with their parent(s) are considered to be part of the family for this purpose and their income must be counted in determining the total family income. A dependent child who is living outside of the home (for example, students living in a dormitory or other student housing) is considered for these purposes to be part of the family upon which he/she is dependent, even though he/she is living in another housing unit. A household is defined in the Entitlement program as all persons occupying the same housing unit, regardless of their relationship to each other. The occupants could consist of a single family, two or more families living together, or any other group of related or unrelated persons who share living arrangements. Persons vs. households: It is important to note that, for all but one of the subcategories under this national objective, the test of meeting the objective of Benefit to L/M Income Persons is to be met based on L/M Persons. Only with the subcategory of L/M Income Housing must the test be met based on L/M Households. Elderly or Senior Citizen: According to HUD, you must be at least 62 years of age and meet one of the following three situations in order to qualify as an elderly household. In the first situation, you must be living alone or be the head of household or spouse of the head of household. The second situation requires two or more elderly people living together. In the third situation, an elderly person has a live-in aide. If a household has elderly people who do not meet any of the above three scenarios, then HUD does not consider it an elderly household. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 7 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application C. Project Benefit The Agency will be required to ensure that services provided with funding under this award are made available to residents of jurisdictions participating in the King County CDBG Consortium: On Tab 2 of PART I Worksheet, indicate number of residents that will be served in each of the noted communities. ALERTs ❑ A minimum of thirty percent of the total population served must be CDBG Consortium residents for a project application that is multi-jurisdictional, including both CDBG Consortium and non- consortium jurisdictions; ❑ A CDBG Consortium funding award will be proportionate to the percent of consortium residents to be served for a multi-jurisdictional project application that serves CDBG Consortium and non- consortium residents. Table C.1 — Service Delivery: PART I Excel Workbook — TAB 2. "C.1 Service Delivery" 1) Provide the completed worksheet as hard copy labeled `TAB 2", and 2) Provide entire Excel Workbook as an attachment to your e-mail when you electronically submit your applicatior to Kathy Tremper(Kathy.tremperakingcounty.gov). Refer to Application Submittal Instructions C.1 Describe the method and source(s) used for collecting the data in the project benefit worksheet. History of prior contracts and projections around increase in construction costs. C.2 Provide boundaries of service delivery area in narrative form (describing natural boundaries or site street names, roads, etc.). A map is included to delineate boundaries of service delivery. C.3 Provide a map that outlines the area that will be served. Label it "Attachment 5". PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application D. ENVIRONMENTAL REVIEW **Note on Choice-Limiting Activities: From your application submittal date until the ER completion date, no "choice limiting" activities (including but not limited to entering contracts for, or undertaking the following actions: (such as property acquisition, clearing, grading, site prep, etc.) may occur. Undertaking such activities after application submittal could void the project's eligibility. Current Conditions: D.1 What is the current use of the site? All single family homeownership D.2. What are the current site natural conditions (trees, ground surface, etc.)? How developed (buildings, roads, etc.) is the site? Describe the surrounding area (commercial, residential, wooded, etc.). NA D.3. Identify the nearest natural waterbody (stream, lake, etc.). How far, and in which direction, is it from the project site? NA Endangered Species Act: D.4 How much of a net increase in impervious surface (ex: concrete/asphalt) will occur (if applicable)? NA D.5 Does a current stormwater system exist at the project site? Please explain. NA Archaeology: D.6 Will the project excavate or otherwise disturb soil? If so, to what depth and horizontal dimensions? (length x width x depth)? NA D.7 Of the soil disturbance, how much will be previously-disturbed soil? Will you be able to document this previous disturbance (ex: invoices showing previous excavation as part of utility installation) NA Toxics: D.8 Has a Phase I Environmental Site Assessment (or equivalent toxics review) been completed? (These are normally completed upon property purchase.) If so, on what date? NA D.9 Do any underground storage tanks (used to store oil/fuel) exist on, or adjacent to, the property? Did any exist in the past? If yes, please explain, include size of the tank(s). NA D.10 What was the previous use of this property? NA D.11 What is the use of properties surrounding the project property? NA Other Environmental Factors: D.12 Is the project located in a(n): (check and respond to all that apply) ❑ D.12.1 FEMA-designated floodplain? If so, please specify whether it's 100-year floodplain, 500- year floodplain or floodway*. If so, does your agency have flood insurance (please provide covered items, dollar amount and duration)? (*CDBG funds may not be used for projects located in a FEMA-designated floodway unless it's a functionally-dependent use, such as a bridge). ❑ D.12.2 Wetland? ❑ D.12.3 Ecologically-sensitive area? ❑ D.12.4 Designated Historic neighborhood? PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 9 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application D.13 Identify any other environmental reviews or studies completed for this site. Studies:[Title ] Date Completed: SEPA . [Title 1 Date Completed: Other: [ Title 1 Date Completed: D.14 Provide and label pictures of project site as follows: ❑ D.14.1 North ❑ D.14.2 East ❑ D.14.3 South and ❑ D.14.4 West. Place them a Word document format and label as Attachment No. 6. D.15 Go to King County i-map and parcel viewer and provide site information. • http://www.kingcounty.gov/operations/GIS/PropResearch/ParcelViewer.aspx • Enter parcel # or address, or zoom using magnifying glass cursor 4 click "Districts & Development Report" and "Assessor's Data Report", print both and mark as Attachment 7 D.15 Attach a specific site plan - label it "Attachment 8". D.16 Climate Change & Sustainability. HCD Completes a King County Sustainable Scorecard (http://your.kingcounty.qov/solidwaste/greenbuildinq/scorecard.asp) for awarded projects, as required by County Ordinance. In order to help us prepare a Scorecard, please answer the following as best you can: D.16.1 Generally, what project construction practices and/or features will minimize climate impacts and promote environmental sustainability? (Examples: green building materials, energy efficient design, pervious surfaces installed, proximity to mass transit, etc.) Our contractors use the most appropriate cost effective environmentally friendly materials. We have clients with chemical sensitivities, so we ask this information as part of our intake process. Most of our repair/maintenance activities are small and would not be relevant to mass transit issues, pervious surface installment, energy efficient design. D.16.2 Do you plan to obtain a third-party 'green certification' for this project? (e.g. LEED, Built Green, etc.) If so, which one? For more information see: http://www.kingcounty.gov/property/perm its/info/S ite Specifi c/gr.een/Resources.aspx no D.16.3 Does your agency/organization have a climate change plan (guidance on reducing impacts to, or adapting to the effects of, climate change)? If so, please explain Our Resolution 1649, passed in 2000 supports efforts to curb global warning and sets goals for reduction of green house gases.. If you need assistance with the Environmental Review Details section, please contact Randy Poplock at (206) 263-9099 or Randy.Poplock(a..kingcounty.gov. Continue to next page. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 20 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application E. RELOCATION DETAILS E.1 Is there Acquisition involved in any aspect of the project? ❑ Yes x❑ No (This includes Right of Way acquisition associated with infrastructure projects.) If your answer is No for E.1 —move on to the next page of the application. E.2 Will this project involve: Residential tenant relocation? ❑ Yes x❑ No Commercial tenant relocation? ❑ Yes x❑ No E.3 Type of Relocation Residential: ❑ Permanent ❑ Temporary Commercial: ❑ Permanent ❑ Temporary Briefly describe anticipated relocation needs and how they will be addressed E.4 What requirements or guidelines govern your relocation plan? (Check all applicable) (1 Uniform Relocation Act ❑ Section104 [d] ❑ Washington State Department of Transportation ❑ Other (please specify): E.5 Are there tenants in the facility at this time? ❑ Yes❑ No E.6 Have you developed a relocation plan for this project? ❑ Yes ❑ No E.7 How many tenants will need to be relocated in this project? Residential Commercial E.8 Have you provided notices to the tenants indicating the type ❑ Yes ❑ No of displacement and benefits provided to tenants? E.9 Have you identified replacement or temporary units ❑ Yes ❑ No for those who will be displaced? E.10 Have you determined the tenants' relocation benefits? ❑ Yes ❑ No E.11 Have you included the total relocation budget ❑ Yes ❑ No in the development budget under relocation? Attachments (use colored separator sheets between documents) E.12 Attach copies of notices required indicating the type of displacement and benefits provided to the tenants E.13 -Attach URA Checklist [HCD/CD URA FORM 1] If you feel your project activity does not trigger the Uniform Relocation Act, please indicate such. If you are unsure, please contact Wendy DeRobbio for technical assistance at the following contact information and for documentation concurring with your interpretation. PART I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page 21 PART II. FEDERAL REQUIREMENTS 2015 CDBG Capital Application If you need assistance with the Relocation Details section, please contact Wendy DeRobbio, Relocation Specialist, 206-263-9070; or wendy.derobbio(c�kingcountv.gov or Kathy Tremper, CDBG Coordinator, 2060263-9097; or Kathy.tremper @kingcounty.gov. Continue to Application Forms. Complete PART I and II for ALL applications and attach it to the appropriate PART from the options below, depending on the category of your project. SELECT THE APPROPRIATE PART Answer associated questions pertinent to the type of project you are seeking funds to complete. Limit your response to no more than one page in length to each question. Do not leave any question unanswered. Indicate Not Applicable' rather than leave a question blank. PART I - Title Page w/Signature Block PART II - Federal Requirements, Agency Information *Excel Workbook, Tab 1(For LMA Qualification Only) Tab 1 is the same on all Excel Workbooks Tab-2 Applies to all of the Categories. Tab 2 is the same on all Excel Workbooks PART III - Community Facility Category *Excel Workbook for Community Facility Category, Tabs 3-7; 8 if Acquisition PART IV — Public Improvements Category *Excel Workbook for Public Improvements, Tabs 3-5; 6 if Acquisition PART V — Park Projects Category *Excel Workbook for Park Projects, Tabs 3-5; 6 if Acquisition PART VI — Economic Development & Microenterprise Activities *Excel Workbook Economic Development & Microenterprise, Tab 3-4 Part VII — Minor Home Repair *Excel Workbook for Minor Home Repair, Tab 3-5 *Only one Excel Workbook is completed and submitted for an Application, the number of Tabs in the Workbook (the individual worksheets) vary depending on the category of Application. • Required Attachments for PART I & II: PART I ATT I. Board or Council Approval to submit CDBG Application — Label it Attachment 1 ATT I. D2.1/D.2.2 — OMB A-133; D.2.1 SEFA (SEFA) or ATT I.D.2.3 General Ledger and Balance Sheet) Label it Attachment 2 ATT I. D.3 —Organization Chart— Label it Attachment 3 ATT I. D.4 - Non-Profits or Special Districts—Additional Required Attachments D.4.1- Current List of Agency Board Members Attachment No: 4.1 D.4.2 - Current Bylaws; Articles of Incorporation Attachment No: 4.2 D.4.3 - Copy of Non-Profit IRS Letter of Designation Attachment No. 4.3 PART II ATT II. C.2 -A detailed map that shows project site and identifies service delivery area. Label it Attachment 5 ATT II. C.3 - King County i-map and parcel viewer Label it Attachment 6 ATT II. D.14 — Pictures of project site. Label it Attachment 7 ATT II. D.15 — Site Plan (if applicable). Label it Attachment 8 PPfir I General Information/Agency Information and Part II Federal Requirements 2015 CDBG Capital Application Page Y‘4...,N y City of Tukwila ai till 0' o Jim Haggerton, Mayor 01,,,K „:-... 2 I9os INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee ��,�� FROM: Bob Giberson, Public Works Directors ��J DATE: April 25, 2014 SUBJECT: Tukwila Heritage and Cultural Center 4Culture Grant Application — Exterior Painting ISSUE: Authorize staff to submit 4Culture grant application for proposed exterior restoration and painting of Tukwila Heritage and Cultural Center. BACKGROUND The Tukwila Heritage and Cultural Center is in need of exterior painting and restoration of damaged wood in preparation for the painting work. As Tukwila's historic former school house, city hall and library, the Heritage and Cultural Center is a community gathering place within the City. To preserve this historic building as an important reminder of our past, it is time to prepare the exterior and paint it. A grant opportunity with 4Culture is available to preserve historic buildings in King County, and the City would like to apply for $26,280 towards the total cost of the proposed $30,280 for the project. The grant application is due May 14, 2014. If the grant is awarded, work would begin after June 1, 2015 and be completed by August 31, 2015. The City would provide $2,000 worth of in-kind labor and $2,000 as a match toward the costs of the project. This match amount is well under our $25,000 budgeted for maintenance and repairs of this facility. RECOMMENDATION Committee approval to submit the 4Culture grant request for funds to repair and paint the exterior of the Tukwila Heritage and Cultural Center. 23 24 ,ot4 ILA Iv o `� City of Tukwila Jim Haggerton, Mayor 29os INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director 07, DATE: April 23, 2014 SUBJECT: King County Parks Tax Levy ISSUE King County Parks Tax Levy Agreement BACKGROUND On August 6, 2013, King County voters overwhelmingly approved a six-year, 18.77-cent parks property tax levy which is expected to generate $62 million in 2014. The levy, also referred to as the Conservation Futures Tax (CFT), requires a portion of these funds be distributed to the cities of King County for local parks and recreation system projects. DISCUSSION King County Ordinance 17568 (attachment A) outlines eligible expenditures of levy proceeds and the formula used to calculate levy proceeds. Eligible expenditures can be used for local parks systems projects and capital improvements. The Parks Property Tax Levy Agreement (attachment B) must be executed in order for the County to distribute levy proceeds to the City. To ensure a smooth distribution process King County has developed this agreement which will begin once executed through 2019. The agreement details the terms and conditions for managing and expending levy proceeds, and annual reporting requirements. FINANCIAL IMPACT King County's 2014 estimate of levy proceeds for the City is $56,679. RECOMMENDATION The Committee is being asked to consider this item by authorizing the Mayor to enter into the Parks Property Tax Levy Agreement with King County and forwarding to the May 5, 2014 Regular Meeting consent agent. ATTACHMENTS Attachment A: King County Ordinance 17568 Attachment B: Parks Property Tax Levy Agreement 25 26 KING COUNTY 200 King 11:owity Courthouse. , 516 Third Avenue Senk,WA 4g104 Signature Report King County April 30, 2013 Ordinance 17568 Proposed No. 2013-0112.3 Sponsors Phillips and McDermott 1 AN ORDINANCE providing for the submission to the 2 qualified electors of King County at a special election to be 3 held in King County on August 6, 2013, of a proposition 4 Liuthorizin2.a property tax levy in excess of the levy 5 limitation contained in chapter 84.55 RCW for a period of 6 six consecutive years,at a total rate of not more than 7 $0.1877 per one thousand dollars of assessed valuation in 8 the first year with annual increases by the percentage 9 increase in the consumer price index or the limitation in 10 84.55 RCW, whichever is greater in years two through six. for the purpose of maintaining and operating Kim! County's 12 parks system; improving parks, recreation and mobility by 13 acquiring open space and continuing to develop regional 14 trails; repairing,. replacing. and improving local parks and 15 trails in King County's cities: loading environmental 16 education. maintenance. conservation and capital programs 17 at the Woodland Park Zoo, IS STATEMENT OF FACTS: 27 Ordinance 17568 t.9 1. King County owns and operates a system of regional and local parks 20 and trails that consists of twenty six thousand acres of parklands and more 21 than one hundred seventy five miles of regional trails. The county 22 provides regional traits, regional recreational facilities, regional i itllral. 23 area parks, and local rural parl<s, and is the tlarisi tiona. provides of local 24 parks in the urban.unincorporated areas. Examples of regional count 25 parks and trails include Marynloor Park, Cougar Mountain Regional 26 Wildland Paik. the \ 'eyerhaetscr King County Aquatic, Center and the 27 Sam_rnamish River Trail. 28 2, Public parks, natural areas, and trails contribute to a h.ig.h quality of 1db. 2.9 A robust system of parks and trails provides: physical, social and mental. 30 health benefits to individuals; economic opportunity through recreation 31 and tourism; economic growth for private businesses that must attract and 32, retain skilled workers; and environmental benefits and cultural resource 33 proiection.through open space conservation. King County's 'parks system .34 provides all these benefits to King County residents and businesses. 35 3. The. 2002 Parks Business"l ransltton Plan,which was adopted by the 36 King County council, became the blueprint for establishing the regional 37 par=ks system we have today. The parks and recreation division of the 38 department of natural resources and parks has successfully focused its 39 Lines of business on regional p£3rks and trails. ba:kc:ountry trails, natural 40 lands, and local parks in unincorporated King, Count- and has been implementing business prac_-tices that generate revenue froi.n park system 2 28 Ordinance 17568 42 assets by implementing or increasing user fees and establishing corporate 43 and community partnerships dint enhance park amenities and leverage and 44 public and private dollars to improve parks and increase access to parks. 45 Consistent with the recommendations of past parks-related task forces, 46 the county has sought voterapproved levies on two prior occasions: in 47 2003. to provide maintenance and operating, funding for the parks and 48 recreation division for the period of 2004-20107: and in 2007, to provide 49 funding for maintenance road operating, as well as funding f n open space 50 acquisition and asset maintenance and improvement, tdr the period of 51. 2008-2013. Voters approved the levies on both occasions that.they were 52 on the hallos The voter-approved levies have helped keep the parks 53 system open, clean and safe, 54 5. Approximately seventy percent of the optrating budget of the parks 55 and recreation division is provided by the 2008-2013 voter-approved 56 operations and maintenance levy, with approximately seventeen percent 57 <_enerated through business activities and entrepreneurial e ftnrts. Kin() 58 County general fund support to the parks and recreation division was 59 eliminated as of 201 60 6. In 2013. the 2008-201 3 voter-approved Open `pace and ;I.raiIs 1. evy Si will fund approximately seventy-seven percent of the parks and recreation. 62 div'ision's asset management budget. IIistoricaLly, the real estate excise 63 tax handed nearly all of the parks and recreation divisions asset 3 29 Ordinance 17563 1, 54 management program 83 however. the real estate excise tax has declined 65 percent from 2006 to 2012. 66 7, 1'he et'fecti\'e. rate ol the combined levies in 20'13 is$0,1331 per one 67 tlmus d dollars of assessed value. A comparable effective levy rate 68 beginning in 2014 would need to he SO.1478 per one thousand dollars of 69 assessed value. Due to the loss of general lands and real c75iate excise tax. a higher levy rate is ne cessar`w in the future to achieve the 71 recommendations of all.the past parks task forces and the council- 72 approved parks business transition plan. 73 8. Parks levy citizen oversight committees were established to monitor the 74 expenditures of the proceeds from the 2004-2007 and 2008-2013 levies. 75 In every Year of its review, the committee has concluded that.the county 76 has complied with ail levy requirements. 77 9. As specified under Motion 12809,. the King, County executive 78 developed and implemented an annual process to ieview and recommend 79 liar council approval open space projects funded by the ()pen Space and 80 'Trals Levy through coordination with die conservation futures tax 81 program. 82 I1..!. i he King County executive convened the King County parks levy 83 t.isk force in anus 2012 to recommend a funding plan for the current park 84 system and how to address the parks and recreation needs of King Count E5 residents in the future. The task force. \\Ideli inet from June to October. 86 11;;t.`, Qomp ised oftwenty-two indiv�-iuuals repiese".iltillg all 'col ra.phie areas • 30 (rdinenc'. 17568 • 87 or the count;'. as well as business, recreation, coilintunit.y, and 88 cnvironnient,i interests, 89 11. 'the task force issued a report in October 2012. recommending fhint 90 the county replace the expirimir levies and put.a.ballot measure before the a.;. voters in 2011 that requests a six-year inflation-adjusted property tax levy lid fill t a total rate of . 0.191(11. per one thousand dollars r\1 assessed value. 93 The task force recommended cont.rnu3n12 to fund t.lnuitite:'aaincc at:it` 94 operations of King County's nt1's par ks system. as well as .itlnding critical 95 inrr tstrocture repair and replacement.- acquisition and stewardship of open 96 space. as such lands can provide for passive;or active recreation opportunities andiur protection of habitat and water quality_ and the 98 continued development of regional trail corridors, including strategic 99 connections between trails and transportation hubs to improve mobility. tOQ 1.hc.task force also recommended providing support to King C.t:runiv's l L cities for local parks and recreation capital purposes and to the Woodland 102 Park Zoological Society lot education and conser'vation.programs, 103 horticulture and maintenance. and capital improvements. 1.04 1 2. The King County executive supports the findings and 105 recommendations of the task force and has nut forth a funding proposal 1.06 that is consistent with the goals and priorities of the task force. decreasing; 107 the rate recommended by the task .!care by utilizing_, updated forecasts for 108 rea estate excise tax. which enabled adjustmeints to he made to the overall. 109 iundinae. assumptions. 5 31 Ordinance 17568 _ ��`�� 110 BE ]T ORDAINED BY THE C0[.N[[L0F KING COUNTY: lI] SS.CTl( N L &cfinitions The definitions in this'section apply (hnnoghou1\hiS 112 on\iomnc unless the context clearly reuires otherwise. I13 A. "Conservation futures tax prniam' means the program defined in &.[C, 1I4 chapter 26,12. 1I5 B. "[cvy" memnstbelcryofregulnrpnnpoAVimxem, fhr (hczprci6cpm `nSeond llG term provided in this oojinaoceond authorized 1w the electorate in accordance with state 117 law. 118 [ "1,evy proceeds" means the principal amount of funds raised by the levy. any 119 interest earnings on the funds and the proceeds u[any interim finuncipg following I20 authorization of the Iexv. 121 D. ' Limit, factor' means the patio of the most recent ,)tine Consumer Price Index 122 to the immediately previous }uue Consumer Price Index... which is the final published 1.2.3 (.PI-VV SmgU"-7lac0nnu-Bremerton, as calculated bvthu United States Bureau of labor 124 Snisdcs or its successor. expressed as a.muliiple le of one hundred percent toocbi,ve.the 125 result of one lnin,died percent plus inflation,or the limitation contained in chapter 84.55 ' 126 R.CW. whichever is greater. 127 E. ^Pazkxxygeu ' roumnsunIhui|Jiog.: or.`/h/rstuoWrc' purk. 'Yuu /puuc. I28 natural area. resource or ecological land L trail, or other property owned or otherwise 129 under the jurisdiction o[the parks and reerCation division of the department of natural 130 resources and parks. 131 kecreation grant proran " means the community partnerships. and grants 132 pn`uim Uhrouu]h *hich King County provides funds h` recreation-oriented g.u>ups` sports - ____ -_ . _-____-______�'--______ ` 3 2 • Ordinance 17558 '______-'______ 133 associations and community-based organizations to und:make oily combination of 134 dovclopio�� operating or maintaining a public park or recreation {acni1y or pngror0 in 135 King County for public benefit. 136 Levy submittal to voters. To provide necessary funds for the 137 [urpoxcs identified in section 4 o(this ordinance. dhu KingCnun1y council shall uobn�ii |u 138 the quail lied electors of the county a propol.:ation.authorizing a.regular property tax levy 139 in excess of the levy limitation contained in chapter 84.55 R[VN" for six consecutive 140 veaN. with collection commencing.io2014- ,tu rate not to exceed $A.|877 per one I41 |bnuaxod dollars nfassessed value in the 6ryiyeo of the levy period. In :coonJmncc `vith 142 OC;VO4.55})5O.this levy shall boa regular property tax levy subject 1* the limit factor. I43 SECTION 3. DemoNit ofyrvy proceeds. The levy proceeds shall be deposited 144 into udediumzed aubfuVd of the parks ann recreation lond` or its successor. as E%i `hjc.cx»nnd|h/rcy. |[approved bv the qualified electors m[the 146 u`uoiy` levy proceeds shall be used for the following, purposes: 147 A. Forty-seven percent for maintenance and operations of King Cnunrv'e parks 148 system. o1`which no more than one and three tenths percent 1'total levy proceeds is for 149 the rec rcnuioli gram program; 150 B, Hrirt '-n[1k percent for: lSl I. Acquisition, conservation and stewardship o[addidmnu| open space lands„ 153 nuuo:u| areas. resource of ecological lands 153 Z Acquisition and development of rights uf ways for regional |ruiln:. 154 3. Ivinioro`aioteuazce repair.repair. replacement amid improvement of'prrlCs systeni 155 infrastructure:: and • __-________-_-__ _-'__ _______- 33 Ordinance 17568 156 4. Development of trailhcad i'acilities to increase access to parks and tails: 157 (.`, lithe county council, in its sole discretion, finds that annual revenues from the 158 real estate excise tax. 1 and real estate excise tax 2 from the real t.JtittC.excise taxes 189 imposed under K.C.C. 4A.51.1.00 and 4A.510.120 have increased sufficiently that the this levy amount needed for the purposes identified in subsection B. of this se.c.tion should be 161 reduced, it may reduce the annual dollar amount levied for the parks levy based on this 162 finding and the entire dollar amount of the rtductio.n in the levy proceeds for that year 163 shall be allocated solely to the distribution of levy proceeds for the purposes set forth in 164 subsection 1::3. u.'this ;s action. Such annual reduction shall not limit the authority of the 1,65 council to levy in any future year without such reduction or to modify the distribution.of 1.66 levy proceeds levied in any future year: 167 1') Seven percent for distribution to cities in King (,'ounty for their local parks 168 system projects, of which amount fifty percent shall be distributed based on city 169 population and fifty percent shall be distributed based on the assessed value of parcels 170 within a city: 171 F. Seven n percent for distribution to the Woodland Park %ooiogical Society far: 6 1 1.72 environmental education with emphasis on accessibility to uaditinnri is underserved 173 populations throughout the county; horticulture and maintenance of buildings and 1,74 urounds: conservation and animal care for rare,. threatened or t1 anwC]fc ±1 ii1s 175 Northwest species: and board-approved capital prfi e.CtS'ci'.nlp 11 xns in existence as of 176 December (. . 012: and 17 I'. Of he proceeds designated for distribution.to King,County- cities and he 1.78 woodland park Zoological SSociety, a portion shalI be retained by the county to be used S 34 Ordinance 17568 179 for expenditures related to administration of the distribution of levy proceeds. Eligible 180 administrative expenditures shall include all costs and charg.es to the parJ'a and recreation 181 .livisam or the county associatc.sd with or attributable to the purposes listed in suhs'ctkms 182 0, and F. of this section of this ordinance. Consistent with RCW 54.x; 050. as it:may be 183 amended. levy proceeds may not supplant existing funding_ 1854 `iJ �.‘l�l(N 5, f.'tll for special election.. In accordance k( \' 2)/\ ()=l..32 � ,. .1,�+5 fl'ii' King t..i!lillt�' council ,i<:9'+`t��' G211J5 '1�(7r'i'�t special i,�:��t]tiln 1C1 be held 111 conjunction with 1.1-.36 the pl'ima's", election on August 6. 201.3, to consider a proposition authorizing a reg'u.l.a.r 187 property tax levy for the purposes described in this ordinance. The King County director 188 of elections shall cause notice to be Oven of this ordinance in accordance with the state 189 constitution and general law and to submit to the qualified electors of the count", at. the :190 said ipecial county election, the proposition hereinafter set. forth. 1 he clerk of the council 191 shall certify that proposition to the King. County director of elections in substantially the 192 :following.fotTn: 193 he King County council has passed Ordinance concerting funding for 19/1 parks_trails, recrea.ticonal facilities and open space. This proposition would replace two 195 expiring' levies and fund maintenance and operations of the King.. County parks system: 196 Crails and open space for recreation, habitat and \rater-quality: city parks: and zoo 97 programs, kill snhie.ct to citizen oversight. 'plus propositiutt authorizes an additional 198 ..oTerty tax of 50.1 877 per 51,000 of assessed value for collection in 201.4 and 199 !authorizes increaties by the annual percentage change in the CPI or the limitation in 84.55 200 RC W. whichever is oreaier, for tiv succeeding }ears. Should this proposition be: 201 A.1)prov ed.? 9 35 Ordinance 17568 202 Rejected'! :_,, ...._, 203 SECTION (;). Distributions. Each distribution of levy proceeds to a King County 201 ditV or to the. Woodland Park Zoological Society, or its successor, for the eligible 205 purposes identified in section 4 of this ordinanice shall be subject to the execution of a 206 contract between the county and each entity for the same project. Distribution of levy 207 proceeds to King County for open space acquisition purposes shall be in accordance with 208 the annual conservation natures tax process for the development. review and 209 recommendation to the Kin ' County council as set forth in the open space and natural 210 lands acquisition process. which is included as Attachment A to this ordinance. 211. SECTION l ION 7 Parks levy citizen oversight board t.Lhh hed. 212 A. If the proposition in section 5 of this ordinance is approved by the qualified 213 electors of'King County, a parks levy citizen oversight board shall be appointed by the 214 executive. The hoard shall consist of nine members. Each councilmemher shall. 215 nominate a candidate for the board from the councilmember's district no later than ninety 21.6 days from the start of the first year of collections. lithe executive does not appoint 2.1.7 within sixty days of the nominations a person who has been nominated by a 218 counciltnombcr. the executive must request that the cou.ncihnember should within thirty 219 days of die. request nominate another candidate for appointment, Members shall be 220 confirmed by the council. ;:Members shill he residents of-King County and Haim not he 221 elected or appointed officials of any unit of `lov'ernment. except that citizens serving in a 222 civic capacity on a local board or commission would he ciiigibie to serve on tine parks 223 • levy citizen Oversight hoard. 10 36 Ord ronce 17568 274 B. The board shall review the allocation of levy proceeds and progress on 225 achieving the p urposes of this proposition. The report shall include infhrmaiion on the 226 tiliiis of addressing iallfelalGt needs and controlling noxious weeds in King CfJi_1}1ty S 227 parks system. On or before December 31. 2015. the hoard shall review and report 10 the 228 Km1! County executive. the King County council and the regional policy committee on 229 the expenditure of levy proceeds for 2014 -l'hereafter, the board shall review and report 230 to the Kira ? County executive, the King County council and the regional policy 2.31 committee annually. Any report to the King County council under this section shall he 232 imade in the form of a. paper original and an electronic copy with the clerk of the council, 233 who shall retain the original and provide an electronic copy to all counciimemhers. The 234 narks and recreation diviision shall provide the board with all reports on diVisinn activities 235 iha.t tl1C division transmits to the King County council in accordance with KI.C.C. 235 7.08.090, The board expires December 31, 2020. 237 `Et T.ON R. Ratification. Certification of the proposition by the clerk of the 2.38 King C,c:'unty council to the director of elections in accordance with law before the 239 election on August. 0. 2013. and any other(arts consistent with the at thorri:v and before 240 the effective date olfthis ordinance are hereby ratified and confirmed. 241 f_C, 1:1C)'� �3, Severallilit y If any provision of this ordinance is held invalid. the 11 37 Ordinance 17568 . _ 242 remainder of the ordinance or the application of the provision to other persons or 243 circumstances is not affected. 244 Ordinance .17568 was introduced, on 2/25/2011') and passed as amended by the Niletr000litan King County Council on 4/29/2013, by the following vote: Yes: 7 -Mr. Phillips, Mr. von Reichbauer. l\Ii Gossett, N4s, Hague, Ms. Patterson, Mr. McDermott and 'Mr. Dembowski No: 2 - Ms. Lambert and. Mr. Dunn Excused: 0 KING COUNTY COUNCIL KING COUNTY. WASIEINGTON frty fr` 1 Go8selt,Chair AITEST: A.? c-, fl Ann, Nor . Clerk of the Council iz APPRov ED this day of • Constant ine County Executive Attachments: A. Open Space and Natural Lands Acquisition 12 38 ATTACHMENT A 17568 OPEN SPACE AND NATURAL LANDS ACQUISITION The overall approach for funding allocation and coordination with the Conservation Futures Tax (OFT) program for the acquisition of open space and natural lands through the countywide parks levy is proposed as follows: 1. Early each calendar year, the Department of Natural Resources and Parks (DNRP) will set a proposed allocation for open space from levy funds for the following fiscal year. 2. Staff will generate proposals for the use of these funds, taking into account opportunities to leverage resources with funding from Conservation Futures, as well as from other local, state, and federal funding sources. 3. An overall proposal allocating the open space funds to specific projects will be developed and discussed with the Citizens Oversight Committee (COC) that is responsible for developing CFT funding recommendations. These discussions are expected to occur in the spring, during the same time frame during which the COO annually reviews OFT project proposals. This will create an opportunity for the COC to provide an advisory recommendation regarding allocation of these parks levy funds. 4. Taking the COC's recommendations into account. DNRP will develop a proposed budget for these parks levy funds. 5. The DNRP proposed budget for parks levy funding will be reviewed by the County Executive, and ultimately County Council, as part of the overall budget process for the following year. 39 • 40 PARKS PROPERTY TAX LEVY AGREEMENT between KING COUNTY & (CITY) This Parks Property Tax Levy Agreement(the "Agreement") is made and entered into as of , 2014, by and between KING COUNTY, a political subdivision of the state of Washington (the "County") and the City of , a State of Washington municipal corporation ("CITY"). RECITALS A. The County owns and operates a park system with over twenty-eight thousand (28,000) acres of regional parks and open spaces and over one hundred seventy-five (175) miles of regional trails. In addition, the County is the provider of local parks in the rural area and is the transitional provider of local parks in the urban incorporated areas. B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the County Executive and County Council, the County's Parks and Recreation Division has focused on managing a system of regional parks, open spaces and trails and a limited set of regional active recreation assets. C. Consistent with its role as a regional and local rural service provider under Countywide Planning Policies and the State Growth Management Act, the County has divested itself of local parks and facilities in urban unincorporated areas as these areas incorporate or annex to cities. D. In November 2006, the County Executive created the Parks Futures Task Force to recommend a funding plan for the current County park system, and to examine what steps should be taken, if any, regarding future park system acquisitions. E. In June of 2012, the County Executive convened the King County Parks Levy Task Force to recommend a funding plan for the current park system and to examine how to address the parks and recreation needs of King County residents in the future. F. The King County Parks Levy Task Force recommended that the County replace the expiring levies and put a ballot measure before the voters in 2013 that requests a six-year inflation adjusted property tax levy lift at a total rate of$0.1901 per one thousand dollars of assessed value with a percentage of the levy proceeds to be distributed to cities for their local parks system projects. G. On April 30, 2013, the King County Council adopted Ordinance 17568 which called for a special election in accordance with RCW 29A.04.321 to authorize an additional 6-year property tax levy for specified park purposes.. H. On August 6, 2013, King County voters approved Proposition No. 1 Parks Levy that Page 1 of 6 41 authorized an additional six year property tax levy at a rate of$0.1877 in the first year, with subsequent levies adjusted by inflation for the purpose of: maintaining and operating King County's parks system, improving parks, recreation and mobility by acquiring open space, expanding park and recreation opportunities, continuing to develop regional trails; repairing, replacing, and improving local parks and trails in King County's cities; and funding environmental educations, maintenance, conservation, and capital programs at the Woodland Park Zoo. NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1.1 Definitions. As used in this Agreement, the following terms shall have the following meanings: A. "Annual Report" shall mean the annual report prepared by the CITY and provided to the County annually by May 1 beginning in 2015 setting forth a summary of city projects for the preceding year, along with a complete financial accounting for the use of County Levy Proceeds, and a listing of all capital investments made at the CITY funded in whole or in part by County Levy Proceeds, and for the 2015 annual report the CITY shall identify the dollar amount of the CITY's Existing Funds. B. "CITY" shall mean the City of , State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. C. "CITY Proceeds" shall mean seven percent (7%) of the total County Levy Proceeds collected by King County and any interest earnings on these funds D. "CITY Projects" shall mean the City's local park system projects consistent with Ordinance 17568. E. "County" shall mean King County, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. F. "County Council" shall mean the County Council of King County, State of Washington. G. "County Levy" means the annual King County property tax levy for park purposes imposed by the King County Council and authorized by Proposition No. l Parks Levy that was approved by the County voters on August 6, 2013 that replaced two levies expiring at the end of 2013. H. "County Levy Proceeds" shall mean the principal amount of the County Levy collected by the County. Page 2 of 6 42 1. "Executive" shall mean the King County Executive or his or her functional successor. .1. "Existing funds" shall have the meaning, as defined by RCW 84.55.050. K. "Regional trail system" shall mean the system-wide non-motorized network of • designated off-road, shared-use paths,trails, or greenways for recreation and regional mobility. 2. Term of Agreement. The term of this Agreement(the "Term") shall be for a period commencing on the Effective Date (the "Commencement Date"), and expiring on December 31, 2019 (the "Termination Date"). 3. Receipt of County Levy Proceeds. A. Generally. Each year the County shall distribute the CITY's proportionate share of the CITY Proceeds to the CITY as authorized by Ordinance 17568, subject to Council appropriation. B. Receipt and Distribution of Levy Proceeds. 1. Payment Schedule. Beginning in 2014 and through 2019, the County shall transfer the CITY Proceeds to the CITY on a monthly basis. The annual amounts transferred shall never exceed the CITY's proportionate share of the CITY Proceeds actually collected and appropriated by King County. 2. Administrative Fee. The Parties agree that the County has authority to deduct a portion from CITY Proceeds for eligible expenditures related to the administration of the distribution of County Levy Proceeds, consistent with Ordinance 17568. 4. Use of County Levy Proceeds. The City shall only use the transferred City Proceeds for its City Projects. On or before May 1 of each year throughout the Term of this Agreement, the CITY shall provide the County with a copy of the Annual Report and provide any further documentation showing that the City Proceeds were expended on CITY Projects. The City shall maintain financial records to account separately for the City Proceeds. 5. Representations and Warranties. The CITY represents and warrants that all CITY Proceeds received by the CITY shall be used only for specific CITY Projects as defined in this Agreement and that such funds shall not be used to supplant Existing Funds. The CITY represents and warrants that all CITY Projects shall he consistent with the requirements in King County Ordinance 17568. The CITY represents and warrants that in addition to the CITY's proportionate share of the CITY's Proceeds, the CITY shall annually expend on CITY Projects an amount equal to the CITY's Existing Funds. 6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and other property attached to or installed in the City's local parks system during the Term Page 3 of 6 43 shall be and remain the properties of CITY and shall not be deemed property of the County under any circumstances. 7. Notices. All notices required to be given hereunder shall be in writing and either delivered personally or sent by certified mail.to the appropriate address listed below, or at such other address as shall be provided by written notice. Notice shall be deemed communicated upon actual receipt. For convenience of the parties, copies of notices may also be given be other means; however, neither party may give official or binding notice except by personal delivery or by certified mail. • If to the CITY: CITY's Contact and Title: City Name: Mailing Address l: Mailing Address2: City, State, Zip Code: If to King County: Kevin R. Brown, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Mailstop: KSC-NR-0700 Seattle, WA 98104 8. Compliance with Laws. The CITY shall comply and conform with all applicable laws and all governmental regulations, rules and orders. 9. CITY Agreement to Comply with Audit Finding or Repay. The CITY agrees that it is financially responsible for the lawful use of the levy funds distributed under this contract. The City agrees that if the State Auditor makes an audit finding that the levy proceeds have not been spent properly, the City shall comply with the State Auditor's audit finding and correct any improper expenditure or, at the sole discretion of the County, repay any indicated amounts to the County. This duty to comply with the audit finding or repay shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Duration of Agreement or the Termination Sections. 10. Miscellaneous. A. Liability of the County. The County's obligations to the CITY under this Agreement shall be limited to the terms and conditions set forth herein. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost Page 4 of 6 44 profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. B. Dispute Resolution. In the event of a dispute between the CITY and the County regarding any term of this Agreement, the parties shall attempt to resolve the matter informally through the following mechanism: the CITY (reps.) or their respective designee(s), shall meet with County (reps) or their respective designee(s) to review and discuss the matter(s) in dispute; if the CITY (reps) and County (reps) are unable to reach a mutual resolution, the Executive and the mayor, or their respective designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are unable to resolve the matter informally, either party may submit the matter to a non-binding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution ("ADR") procedures. The mediation may be requested by any party and shall be initiated within thirty (30)days from the date of the request unless extended by agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. Any disputes involving the lawful expenditure of levy proceeds shall be resolved by King County Superior Court if the parties cannot agree. C. No implied Waiver. No failure by either party hereto to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right, power or remedy arising out of a breach thereof, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision hereof shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision hereof shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party hereto given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. D. Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Agreement. E. Successors and Assigns. The terms, covenants and conditions contained in this Agreement shall bind and inure to the benefit of the County and the CiTY and, except Page 5 of 6 45 • as otherwise provided herein, their personal representatives and successors and assigns. There are no third party beneficiaries to this Agreement. F. Agreement made in Washington. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Washington. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in King County Superior Court. G. Integrated Agreement; Modification. This Agreement contains all the agreements of the parties hereto relating to the subject matter addressed herein, and cannot be amended or modified except by a written agreement approved by the King County Council and mutually executed between each of the parties hereto. H. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. I. Time of Essence. Time is of the essence of each provision of this Agreement. J. Signage. For each capital project funded with County Levy Proceeds, the CITY shall provide a sign including the following language: This project was funded (or as applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy approved by King County voters in August 2013 under an Agreement with King County Parks and Recreation Division. DATED this day of , 2014. KING COUNTY, a Washington municipal CITY OF , a corporation Washington municipal corporation • By By Its Its By authority of Ordinance No. 17568 Page 6 of 6 46 k ,k : sy City of Tukwila a Jim Haggerton, Mayor I903 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee Members FROM: Jack Pace, Director, Department of Community Development BY: Lynn Miranda, Senior Planner DATE: April 17, 2014 SUBJECT: National Estuary Program: Watershed Protection & Restoration Grant Award ISSUE The Council is being asked to accept a grant award of $42,060 to fund an evaluation of the feasibility of implementing a state program promoting urban redevelopment and watershed protection in Tukwila. BACKGROUND The National Estuary Program (NEP) has designated the Puget Sound as an estuary of national significance. Under this program, the US Environmental Protection Agency (EPA) receives federal funding to support local efforts to protect and restore Puget Sound and implement the Puget Sound Action Agenda. EPA selected the Washington Departments of Ecology and Commerce to receive some of this funding for'Watershed Protection and Restoration". The Department of Commerce then established a grant program under which the state will pass through a large part of the federal funding as sub-awards to local governments for the purposes of protecting and restoring watersheds that drain into Puget Sound. DISCUSSION Tukwila was awarded $42,060 to evaluate how new state legislation promoting urban redevelopment and resource land conservation (the Landscape Conservation Local Infrastructure Program, or LCLIP) could be implemented in the City's urban center (Southcenter) and Tukwila International Boulevard (TIB) Corridor. LCLIP authorizes eligible cities to access tax increment financing to invest in infrastructure improvements as an incentive to spur redevelopment in areas where cities are planning for growth. Cities may access a portion of county property tax in exchange for adopting policies that incentivize protection of resource lands that are important to watershed processes, like upland forest, riparian lands, and floodplains. Through infrastructure investment, LCLIP directs development towards urban areas targeted for growth, removing barriers to increasing density, and reduces development pressure on lands that are important to watershed processes. Implementation of LCLIP in Tukwila could result in updates to the City's growth management efforts, including planning, revisions to land use policies, and changes to regulations to encourage infill development. FINANCIAL IMPACT The grant does not require a cash match from the City; however, the grant does show City staff time as "in-kind"funds that will be contributed to the implementation of the project. Overall, the City will be matching the grant with $7,430 of staff time dedicated to implementing the project over the one year period of the grant. 47 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to accept the $42,060 grant award from the Washington State Department of Commerce, and to consider this item on the Consent Agenda of the May 5, 2014 Regular Meeting. ATTACHMENTS Notice of Intended Grant Award - Email 48 W:\Long Range Projects\LCLIP Grant\Info memol.doc Lynn Miranda From: Peters, Doug (COM) <doug.peters @commerce.wa.gov> Sent: Wednesday, April 02, 2014 1:54 PM To: Lynn Miranda Subject: Notice of intended grant award - National Estuary Program:Watershed Protection & Restoration Dear Ms. Miranda, Congratulations on being successful in pursuing a grant award for Watershed Protection and Restoration:Theme 1 - Improving Land Use. Your proposal was among those selected to be.offered.funds. If you accept this offered grant of $42,060, please let me know. If you accept this grant, we will draft a scope of work based on your submitted proposal, and send that to you for confirmation of the details. We will also send you the General and Special Terms and Conditions that apply to this grant agreement, several of which are unique to the federal NEP grant that is the source of our award funds. Please ensure that you read these and ask for clarification on any points that are not clear. As this is a federally funded program,we are required to report at least semi-annually to EPA using 2 forms;to address the project and expenditure activities (Financial and Ecosystem Accounting Tracking System - FEATS form) and to address your actions that may result in hiring minority and women owned business enterprises (MWBE form.) However, Commerce requires that you report quarterly in order to track progress and provide a basis for quarterly billing. We ask that you use the FEATS form for quarterly and semi-annual reports.We will send you a copy of this reporting form when we are closer to an agreed upon scope of work. Another important grant requirement is that all projects are required to complete a Quality Assurance Project Plan (QAPP)waiver form,to determine whether you will need to complete a formal QAPP or not. As QAPP usually focus on collecting and using environmental data, it is uncertain if these requirements will apply to many of the proposed projects under Theme 1—Improving Land Use. If you will be collecting environmental data for your project, then you will likely need to write a quality assurance project plan (QAPP). Ecology has a quality assurance website for all the NEP grants (linked below.) This website includes a waiver form with a required checklist,which will help to determine if you need to write a QAPP or if your project qualifies for a waiver from this requirement. Please walk through this waiver checklist soon so you know whether you need to include the cost of preparing a QAPP in your scope of work. If you believe your project is entitled to a waiver of the QAPP requirement,then completing the waiver form and submitting it to Tom Gries at Ecology may expedite your contract development and award. Tom Gries is our NEP Quality Coordinator for these grants. If you have questions on quality assurance issues, you can reach Tom at Tgri461@ecv.wa.gov or 360-407-6327. Please read through the web page before contacting Tom, as it has a lot of useful information: http://www.ecy.wa.gov/programs/eap/qa/docs/NEPQAPP/index.html. If you think it would be helpful, we can schedule a conference call to explain how to fill out all of the forms and answer any questions. Sincerely yours, Doug Peters 1 49 Watershed Planner, Growth Management Services Local Government& Infrastructure Division Office: 360.725.3046 Washington State Department of Commerce 1011 Plum Street SE, Olympia, WA. 98504 www.commerce.wa.gov Follow us @WAStateCommerce Learn why you should Choose Washington 2 50