PRHSPSC PKT 02-10-2003
PARKS, RECREATION,
, , City Hall
Mt. Baker Conference Room
1.
2.
CALL TO ORDER
PUBLIC FORUM
3.
4.
5.
COMMISSION COMMENTS
APPROV AL OF DECEMBER 9, 2002 SUMMARY
COMMITTEE BUSINESS
A. Karl Grosch Recognition
B. Purchase of Replacement File/Record Server for PS Records
Management System
C. 2003 Arts Commission Contract for Services Program
D. 2003 Arts Commission Work Plan
E. 2002 King County Sustained Support Grant
F. First Amendment to American Janitorial Services Contract
G. Memorandum of Understanding of a Joint Human
Services 'Funding Program
H. Neighborhood Matching Fund Status and Revisions
I. Amendment to the 2002 CDBG CARES Agreements
J. Authorization to Enter into Contracts with King County and
Recipients of Federal Way 2003 CDBG Public Service Funds
6.
PENDING ITEMS
. Internet Safety
7.
8.
NEXT MEETING -March] 0, 2003
ADJOURNMENT
Action
Action
Reuter
Sadri
Action Faber
Action Faber
Action Faber
Action Faber
Action Assefa-Dawsom
Information
Action
Action
Teeler
O'Donnell
O'Donnell
Committee Members:
Linda Kochmar, Chair
Mary Gates
Mike Park
Staff:
Jennifer Schroder, Director
Mary Jaenicke, Administrative Assistant
661-4041
City of Federal Way
City Council
PARKS. RECREA TIaN. HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, December 9,2002
4:00 p.m.
SUMMARY
In attendance: Council Committee members Chair Linda Kochmar, Michael Park and Mary Gates. Council
member Faison, Staff: David Moseley, City Manager, Derek Matheson, Assistant City Manager, Chief Kirkpatrick,
Director Public Safety, Brian Wilson, Deputy Director of Public Safety, Commander Neal, Public Safety, Karen
Kirkpatrick, Assistant City Attorney, Kelli O'Donnell, CDBG Coordinator, Kathy McClung, Difector Community
Development, Jennifer Schroder, Director Parks and Recreation, Steve Ikerd Property Services Manager, Mary
Jaenicke, Administrative Assistant.
Guests: Karen Pettingell, Chair Human Services Commission, C.T. Purdom, Chair Parks & Recreation, Julie
Grant, Human Services Commission.
Chair Kochmar called the meeting to order at 4:05 p.m.
PUBLIC FORUM
None
COMMISSION COMMENT
None
APPROVAL OF SUMMARY
Council members Park and Gates approved the November 12 meeting minutes as written. Motion passed.
BUSINESS ITEMS
Authorization for Human Services Commission to Advertise for Concept Papers for a CDBG Employment
Program .
O'Donnell reported that back in September 2002, the City Council adopted the 2003 CDBG proposed use of funds.
The City of Federal Way has been notified that the Community Housing Assistance Program - Ocean Ridge
Apartments Child Care project, which was funded for $99,999, is canceling the project. This $99,999 will be
returned to the City of Federal Way. In addition the commission is expecting to receive some additional funds for
2003 due to the 2000 Census figures. Human Services will not know the exact amount until early next year. When
the contingency plan was adopted for 2003, the amount of the applications for capital funds was close to the funds
that were available. Therefore, the commission did not have a contingency plan for additional capital funds. The
contingency plan that was in place stated that if Human Services does receive additional capital funds, it will go to
2004, unless Human Services Commission requests new applications for funds and/or additional Council action is
taken to allocate funds. O'Donnell reported that the commission had noted a need for employment services during
the 2003-04 Human Services General Fund allocation process. The Community Development Block Grant (CDBG)
program allows for capital funds to be utilized for employment services by an eligible Community Based
Development Organization (CBDO). The commission would like authorization to request concept papers from
eligible CBDO. Human Services CQmmissioner Grant stated that the Human Services Commission would like to
pursue an employment program that is operated in Federal Way, and serves Federal Way clients exclusively. The
Multi-Service Center is an eligible Community Based Development Organization in Federal Way with experience in
employment programs. Grant stated that this would be a pilot program, and it is a short-term proposal. Council
member Gates asked that since this is a pilot program, does the commission have measures of success in place.
Gates also stated that the commission needs to be careful that funding for this program does not get cut after the first
year. O'Donnell stated the commission would like to request a concept paper for an employment program specific
to Federal Way's residents and business community. This program will aid low to moderate-income families, and it
is a high priority for the commission. Chair Kochmar asked if participants would need to provide proof of income
level to participate in the program. O'Donnell answered yes. Gates stated that the commission needed to be sure
that this program is non-duplicative of state or county programs. Council member Park agreed with Council
member Gates regarding ensuring that this is not a duplicative program. Park moved to authorize the Human
Services Commission to request concept papers regarding an employment program eligible under 24 CFR
570.204, and all applicable Community Development Block Grant Program Regulations and King County
CDBG Consortium policies, to be offered in the City of Federal Way to eligible residents from qualified
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, December 9 Summary
Page 2
Community Based Development Organizations. To be forwarded to the City Council for consideration at the
December 17, 2002 meeting. Gates seconded. Motion passed.
Update on 2001 HomeSight First Homes Program and the Resolutions of 1995 Federal Way Youth and
Family Services (FWYFS) Breach of Contract
O'Donnell reported that in 2001, the City of Federal Way allocated $150,000 to the HomeSight - First Homes
Program for down payment assistance to first-time homebuyers in Federal Way. King County has been in
negotiations with HomeSight since 2001 for the contract for these services. HomeSight has been trying to work out
a way to secure the liens in their name, so they will be eligible for other federal funds for low interest money to loan
out. Staff has sent out a letter notifying HomeSight that the city may cancel the project if an agreement cannot be
reached soon. O'Donnell also reported that funds were allocated in 1995 to Federal Way Youth and Family
Services (FWYFS) for the purchase of property for social services. The County has a change of use restrictions for
property purchased with CDBG capital dollars~ FWYFS decided they did not need that property any longer. They
sold the property before the change of use restrictions was expired. FWYFS discontinued using the property in
August of 2001. FWFYS has merged with Valley Cities Counseling and Consultation (VCCC) in December 2001.
King County is in negotiations with VCCC to resolve this-matter. Any monetary settlement with VCCC will be
returned to Federal Way to reallocate to a future CDBG project.
Amendment to extend Professional Commercial Cleanin~. Inc. œCCI) Janitorial Contract
Ikerd reported that PCCI has been providing janitorial services to City Hall since January 2000, for an annual cost
of $22,564.00. The contract is expiring at the end of December. Ikerd would like to extend their contract for
another two years. There is a small increase in the cost due to an increase in the Prevailing Wages. Gates moved
to recommend to Council a "do pass" to authorize the City Manager to accept this amendment to extend
PCCI contract for an additional two years for an annual cost of $23,152 and a grand total of $46,304 and to
place this item before Council on December 17, 2002. Park seconded. Motion passed.
Aggressive Panhandling
City Manager Moseley updated the committee on a major emphasis that the Public Safety Department has
undertaken regarding the transient population living in the City of Federal Way. Chief Kirkpatrick stated that there
is a connection between the transients and panhandling. Commander Neal is overseeing the operation of the
Transient Camp Reduction Effort. Kirkpatrick stated that Neal has been preparing a Power Point Presentation, and
the department would like to show the presentation at a future City Council meeting. Commander Neal stated there
is difference between aggressive panhandling or standing on a corner and asking people for money. He stated
people have the right to stand on a corner and ask for money. Commander Neal then provided a brief synopsis of .
what the department has done and what they are doing, and what they will be doing regarding this program
Sexual Predator Housing
Moseley stated that the City was notified that one of the locations for a level 4 sexual predator housing is right
outside of the Federal Way city limits. Assistant City Matheson will be heading up a team to review the criteria for
this type of housing, to ensure that the site meets all of the required criteria. Moseley stated that there is some
indication that the site may not meet all of the criteria. Moseley stated that they would have factual information to
present at an upcoming public meeting that DSHS will be holding in January. Two out of the three sites selected are
in South King County. The third site is located in Carnation. DSHS would like to make a decision in March or
April, which is not a lot of time. Kochmar stated there were approximately 100 people at the last meeting. A non-
profit organization is being formed, and people are donating money for a legal defense fund. Kochmar also stated
that the citizens want to know what the City of Federal Way and Auburn are going to do to help them.
Miscellaneous
Moseley reported that interest has been expressed to provide additional funding to the local food bank. Moseley has
spoken with Iwen Wang and Lydia Assefa-Dawson, and there are some year-end savings in the Human Services
budget that could be used.
PENDING ITEMS
. Internet Safety
NEXT MEETING
January 13,2003,4:00 p.m. in the Mt. Baker Conference Room
ADJOURNMENT
Meeting adjourned at 5:13p.m.
5.A
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM .
Date:
February 10, 2003
To:
PRHSPS Council Committee
From:
Parks and Recreation Commission
David +anagcr
Karl Grosch Recognition
Via:
Subject:
Background:
Karl Grosch has been a long time volunteer for the City of Federal Way. Since our
incorporation, Mr. Grosch has served on the Parks and Recreation Commission and the Civil
Service Commission. He has given thousands of hours of his time to support many city
departments and projects.
The most notable contribution Karl made to the City was his nine years of service on the Parks
and Recreation Commission. Mr. Grosch was a member of that commission from 1993 to
2002. During his tenure, the commission tackled many difficult and complex issues. His
thoroughness and attention to detail were very valuable to the commission as they accomplished
their work plan.
Youth soccer has also been a passion of Mr. Grosch. He has volunteered countless hours of
time to support youth soccer on the local, state, and national level. During Karl's thirty plus
years of service to the Washington State Youth Soccer Association, he has served as President
from 1971 - 1977, was inducted in to the W.S.Y.S.A. Hall of Fame and was awarded Life
Member status. Earlier this year, he was inducted into the United States Youth Soccer
Association Hall of Fame. Karl was the first person from this region to receive such an honor.
As you are aware, funding has been secured to replace the existing all-weather soccer field at
Steel Lake Park with a synthetic turf product. This project is scheduled to begin in the first
quarter of 2003. The Parks and Recreation Commission would like to request that the new field
at Steel Lake Park be named in honor of Mr. Grosch. Reflecting on Karl's significant
contributions to the Parks and Recreation commission, and the Washington State Youth Soccer
Association, it seems appropriate to recognize him in this way.
f\-\
The city adopted a resolution in 1991 that addresses naming of parks and city facilities.
Resolùtion 91-57 outlines criteria for naming and renaming of city parks. Section 1,B,6, states,
"Facilities shall not be named for living persons; however exceptions may be considered when
a significant contribution of land or money is made and the donor stipulates naming the facility
as a condition of the donation or when an unusually outstanding public service would so
justify." Section 1,C,3, states, "There shall be a lapse of at least twelve (12) months between
the date of the death of the person(s) or of the event commemorated and the issuance of the
final Committee recommendation of the proposed park name".
The city's legal Qepartment staff has reviewed this matter. In their opinion, if council
recognizes that Mr. Grosch's volunteerism with the city and W.S.Y.S.A. constitutes "unusually
outstanding public service", and one year has passed since he served on the Parks and
Recreation Commission, then we are in compliance with Resolution 91-57. Mr. Grosch's term
o~ the commission ended in April of 2002. As long as no official action is taken until April of
2003, we are in also in compliance with that section of the resolution.
Committee Recommendation:
Motion to recommend to Council a "do pass" to accept the recommendation to name the
renovated soccer field at Steel Lake Park after Mr. Karl Grosch, and to place this item before
Council at the April 1, 2003 meeting.
f\ -L-
CITY OF FEDERAL WAY
MEMORANDUM
SoB
Date:
To:
Via:
From:
Subject:
February 3, 2003
Parks, Recreatio H an Services and Public Safety Committee
David H. M ele anager
Mehdi Sadri, Info ation Systems Manager#dl.
Purchase of replacement file/record server for PS records management system
BACKGROUND:
The City purchased a file/records server in 1996 for the department of Public Safety as part of its
Records Management System. The original cost of the server was approximately $50,000. The
current server has been functioning well in the last 6 years but it is due to be replaced because of
the criticality of data stored, increasing demand for information and data processing as well as it
having reached its capacity. This hardware upgrade has been budgeted through replacement
reserves fund and approved for 03-04 budget years.
Additionally the City has scheduled the upgrade of the Records Management System software
(Spillman) to a Graphical User Friendly (GUI) version, is developing an interface between RMS
and AFIS (Automated Fingerprint Information System), and wireless connectivity from PS
vehicles to the RMS, all of which will require additional hardware capabilities. The software
enhancements have also been budgeted for 03-04, and the contracts will be brought to the council
committee for review and approval in March.
MIS. division evaluated various systems suitable for this purpose and discussed the options with
the software vendor (Spillman) in November and December of 2002. A RFQ was issued in
January of this year for the purchase of the hardware for which seven (7) vendors replied. The
lowest quote is from Dasher Technologies for $35,153.98 including installation, taxes and
shipment.
Staff recommends the approval of the quote from Dàsher Technology and requests the committee
to forward the recommendation to full council.
Attachments:
RFQ cover letter, RFQ specification sheet, vendor comparison chart.
COMMITTEE ACTION: Approve the quote from Dasher Technology for the purchase of PS
Records Management System hardware and forward it full council.
APPROVAL BY COMMITTEE:
Committee Chair
Committee Member
Committee Member
ß..\
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CITY OF .,
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CITY HALL
33530 1 st Way South
PO Box 9718
(253) 661-4000
Federal Way, WA 98063-9718
January 17, 2003
The City of Federal Way is requesting a Quote for Purchase of a standalone (non-
racked) HPrp2470 with (2) 750 MHZ processors, (4) Gigabit of Ram, (2) 36Gigabit
Hard Drive (Mirrored), DVD-CD-ROM Drive, and DDS4 DA T Tape Drive. The
operating system will be HP-UX IIi DE, plus components of the Enterprise operating
environment suite (see attached for details). These additional products will greatly
enhance single-system availability and manageability. The City is also requesting three
years of 24 by 7 system support coverage.
The System must be configured, delivered, and setup on site by certified Hewlett
Packard technician(s). Detailed information about system configuration is attached.
System providers are encouraged to complete the form attached. Any variations to the
requested quote can be supplemented. Also needed is information about your company
i.e. expertise, years of experiences, and references.
All quotes are due 2:00 pm January 31,2003. Selection criteria are based on cost,
delivery time, and service. Quotes can be faxed, mailed, or by E-mail. Fax number is
253-661-4075. Address is City of Federal Way, P.O. Box 9718, Federal Way, WA.
98063-9718. E-mail address is Brian.Pearson@Citvoffederalway.com. Any questions,
please call Brian Pearson at 253-661-4088.
Sincerely,
Brian Pearson
IS/Telecommunications Supervisor
'ß-'L
CITY OF FEDERAL WAY
Request for Quotes
January 17,2003
Quote due Janurary 31, 2003 @ 2:00PM
FAX responses to Brian Pearson at (253)661-4075. Questions?
Call (253)661-4088.
rp2470 Server wI dual 750MHz CPU's, 4096MB Ram (standalone)
(3Year 24x7 Sup ort '
1
2
2
2
2
2
2
1
1
1
1
1
1
1
2
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
2
1
1
1
1
1
20
A68 OA
A6892A
A6892A
A6114A
A6114A
A6742A
A6742A
A5230A
A5230A
83920EA
B3920EA
B3920EA
B3920EA
B3920EA
B9088AC
B2491BA
B2491BA
B2491BA
C1099A
C1099A
C4314A
C5687B
C5687B ABA
B3921GA
B3921GA
C2904A
C2957A
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4405Y
H4725A
H4725A
H4725A
H4725A
Notes:
HP server 24 0 Solution
750MHz PA8700 CPU for HP server rp2470
OD1 Facto inte rated
2048MB HD SyncDRAM Memory Module
Facto int rated
36GB 10K HotPlug Ulta160 disk rp24XO
Facto inte rated
PCI10/100Base-T LAN Adptr
OD1 Facto int rated
HP-UX OE Media for Servers
UM9 HP-UX version 11 i
AAF CD-ROM (disk only)
OD1 Factoryintegrated
ABA U.S. - En lish localization
HP-UX OE L TU 1 CPU with s stem
MirrorDisklUX License for Servers
2AH Single processor license
OD1 Facto inte rated
Terminal Console for HP3000/9000 systems
ABA U.S. En lish localization
SMART Deskto DVD-ROM module
HP DAT 40e External Tape Drive
U.S. - En lish localization
HP-UX 11i English documentation manual
OBC Manuals on CD-ROM
SCSI Terminator SE HDTS50
SCSI Cåble 2m HDTS50 M/M
24x7 System Support. Phone/Updates, 3yr
OBC Manuals on CD-ROM
447.. Support - SMART Intgr Module
455 Support - HP SureStr DLT1. DAT40/24 Drvs
6A2 Support - Server SW Applications
6BK Support - rp2470 Server
636 Support - Terminals (new Generation)
6E6 Support - Server SW Applications
6M1 Support - Internet OE per processor
AAF. CD-ROM disk onl
Installation - System and Network (on-site)
502 Installation - A500,rp2450,rp2470 (on-site)
562 Installation - Add-On Storage Component (on-site)
597 Installation - DAT Drive on-site
DSS4 ta es Media for Data Drive
S~btotal:
Est Freight:
Total:
1) All quoted products must be new from Hewlett-Packard.
2) Estimated time of delivery
3) Technical Assistance for
Implementation beyond initial installation $ per day $--per hour
ß-5
Request tor Quote.
rp2470 Server wi dual 750MH;¡:CPU's, 4096MB Ram (standalone)
(3Vear 24x7 Support)
HPserver rp2470 $cIulion
750MHz PA87oo CPU tor HP server rp2410
001 [Fectolv Intecrated
2048M!lHD SyncORAM Memory Module $ 9 6oo~00 $10320,00 $10133.33 9 400,00 $9 720,00 $9600,00 -$9120,00
'Faetorvlnteorated
~,36GB 10K HotPlug Ulta160 disk rp24XO $ 1 640.00 $1 978,00 $1 942,22 1 922,80 $1 863,00 $1 640,00 $U48.00
:Factorv Inteorated
.PCI10/IooSase-TLAN Adptr $' 361,35 - $425.70 _$363,00 359,37 ~~~345,50 $326,70
-, 001 Factorv Intearated
HP-UX oe Media tor Servef3
..-- UM9 HP.UX version 111 $364-00 I - -S343,2õ1
AAF CD.ROM (dlak only) ¡-$ 379.60 $395,20V, !:3ð.1.331 377.521 $374.401
-. OÐI Factory Integrated LL - 142,351 - $148.;1QJ. _$143,00.1 141.5I!- _...l140,40-\., $1 36.5Qt $128.7qj
ABA :U,S" Enalish locallzallon
HP-UX oe L TU 1 CPU with svstem
MirrorÐlsklUX LIcense tor Servers
.0- - --, 2AH 'Single processor license $ 1 484,82 ~1 545,84 $1401.60 1476,68 $1464,481 $1 423,6õT':"~1..:}4.Z.44
-- 001 'Fac!öN Inteorated I
-. Te<mil1at Console for HP30001WOO systems $ 401,50 $418,00 ~03-,33 399,30 $396,00.L $385,oóL _1313;3.06
-, ABA U,S. Enollsh localization -
" "', SMART ÐesktoD DVD.ROM module $ 473.77 $493,24 ~475.93 471.17 $467.28 $454,30 $428,34
.HP OAT 408 External Tape Drive ,$ 1 058~50 $1 102.00 $1 0&3.33 ' 1 052.70 51044-00 $1015.00 $957.00 :r-
ABA Ü.S. - Enollshlocallzallon
-. Hp.UX 111 English documentation manual \
- ,- ,', oec Manuals on CD.ROM .$ 259,15 n!:269.80 $260,33 ; 260,00 $255,60 $248,50 5234,30 (!J
l...;-,,', SCSI Terminator SE HDTS50 $ 32.85 $34,20 $33,00, 32.67 $32,40 $31,50 $29.70
C2957A ,SCSI Cable 2m HDTS50 MIM - ..1-....13.00 $76,00 $73,33 -- 72-60 - ~72-oo $70,00 - - --.166,00
H4405Y 24x7 System Support, PhonelUpdates. 3yr
H4405Y OBC 'Manuals on CD-ROM $258.301
H4405Y 447 Support. SMART Inter Module .$ 269~37 $280,44 $270,60 287,89 $313.65 . .
H4405Y 455 Support. HP SuraStr DL TI. DAT40124 Drvs $ 408,07 ~368,94 , $347,82 344,34 $475,15 $335,40
H4405Y 6A2 Support. Server SW Applications $ 497.86 $500,13 495.14 $579.70 $447,40 !. .j
H4405Y 6BK Support. rp2470 Server $ 3 533,60 $3798,62 ~729,91 3892,61 $3754.45 $3 091,90 $3
H4405Y 836 Support Terminals (new generation) $ 179,58 $186,96 $180,40 180,00 5172,20 ~: :
H4405Y 6E6 'Support. Server SW Appllcallons $ 1 460,00 S1'.520,00 $1 466.67 1 452,00 $1 700,00 $1 400,00 $1 -.
H4405Y 61011 ~Support . Internet OE per processor $ 932,94 $971.28 $937,20 927,64 51 086,30 5894,60 ' . .
H4405Y AAF CD-ROM (disk onM
H4725A Installation. System and Networ1<.( on-_IIe) --¡
H4725A 502 'Installation. ASOO,rp2450.rp2470 (on..lte) $ 752,00 ~08.40 ' $793,78 785,84 $705,00 $752,00 . ..J
H4725A 562 Installation. Add.On Storage Component (on..ite) $ 131.40 $118,80 $112.00' 11 Me $144,00 $108.00
H4725A 597 :Installalløn, - OAT Dnve (on..ite) $ 131.40 $.179.39 $.112,00 110,88 $144,00 $108,00
'OS 54' tapes Medie for Date Drive $ 306,60 $333.18' $321.49 318.40 $30&.80 $306',88' ~
$ 34.361.71 $36,148,09 $35,723.95 34,352,20 $35,167.66 $33,440,78 $32,185_64
Delivery cost $113.75 155,00 $299.00 $115.96 $125.00
Sub-tolel $ 34,475,46 $36,148,09 $35,723,95 34,507.20 $35,466.66 $33,556,74 $32,310.64
tax $ 3,033.64 $3,181.03 $3,143.71 3,038,63 $3,121.07 $2.952.99 $2,843,34
Total $ 37,509,30 $39,329,12 $38,86'7.66 37,543.83 $38,587.73 $38,509.73 $35;153.98
Per hour after intlallnstallallon $125.00 $140.00 $150,00
Per day after Intlallnscallatlon $1,100.00 $1,200.00
Delivery time. 10 days 3 days 2 Weeks 2 weeks 1 week, 710 10 days
. "..k, c.......
5.C
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
December 30, 2002
PRHSPS Council Committee
Mary Faber, ecr a 'on and Cultural Services Superintendent
David sele nager
2003 Arts Com ontract for Services Program
Background:
The Cultural Arts Contract for Services Program is a program of the Arts Commission that funds
local arts agencies who offer cultural programs within the community. The City serves as a
partner rather than a producer of arts programming which allows the City to provide cultural
services at a very reduced cost. Local arts agencies complete an application; the Commission
reviews the applications, interviews each agency and develops funding recommendations.
The 2003 Arts Commission budget allocated $27,000 for the Contract for Services Program. The
Arts Commission has developed a recommendation based on the allocated funding.
Or anization
Recommended Fundin
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i $27,000
Committee Recommendation:
Motion to recommend to Council a "do pass" to approve the recommended funding for the 2003
Contract for Services Program and place this item before Council on January 21, 2003.
APPRPvAtOF COMMIT:F:EÎ!HtEPQRT:
çQmm~tt~e M~.Q)bJ~r
Committee Chair
Committee., Member
c-\
CONTRACT FOR SERVICES
2003 Request for Funding
Organization 2003 2003 2002 2002 2001 2000
Recommendation Request Allocation Request Allocation Allocation Funding Reauest
Aria Dance Company 1,500 2,500 1,500 1,500 1,250 1,500 Funding will cover professional choreography fees.
Federal Way Chorale 2,200 2,200 2,200 3,500 2,200 3,500 Assist funding contracted professional orchestra fees for the
Spring and Winter concerts in 2002.
Community Festival 3,000 6,000 3,000 6,000 3,000 3,500 Family Fest entertainers on all stages as well as wandering
Association entertainers, parade bands, and demonstrators (i.e. artists-in-
action). Also seeking funding for the cost of equipment and
technical support required bv performers.
Centerstage Theatre Arts 9,000 15,000 10,000 15,000 10,000 10,500 Assist funding contracted Actors, Directors, designers and
Conservatory Technical Staff.
Federal Way Symphony 9,500 15,000 9,750 15,000 10,000 10,150 Funds will support orchestra musicians' fees for Sunday
Matinee Series.
Jet Cities Chorus 1,000 4,000 1,250 4,000 1,750 3,000 Assist w/director's artistic and coaching fees.
Puget Sound Musical Theatre N/A N/A N/A N/A N/A 4,500
Harmony Kings 800 1,000
TOTALS 45,700 27,700 45,000 28,200 36,650
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5.D
CITY OF FEDERAL WAY
PARKS, RECREA TI 0 NAND CULTURAL SER VI CES
MEM ORAND UM
Date:
To:
From:
Via:
Subject:
February 3, 2003
PRHSPS Council Committee yo
Mary Faber, ecre ion and Cultural Services Superintenden
David Mo, anager
2003 Arts Co ission Work Plan
Background:
The Arts Commission held a retreat in November to develop the proposed 2003 Work Plan. The Arts
Commission approved the Work Plan in January, following the adoption of the 2003-2004 budget. A
copy of the Work Plan is attached for review.
Committee Recommendation:
Motion to recommend to Council a "do pass" to approve the Arts Commission 2003 Work Plan,
and place this item before Council on February 18,2003.
i:/ councilinfo/ acworkplan
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1.
A.
2.
City of Federal Way
Arts Commission
D RA FT
2003 Work Plan
Public Art Committee
B.
Maintain City Hall Exhibits and Knutzen Family Theatre Gallery.
. Schedule artists for both galleries for 2002
City Hall Gallery: 5 shows, including the Arts Alive Juried Show
Knutzen Family Theatre: 4 Shows
Timeline: Artists scheduled by Jan. 15, 2002
Lead: Staff
. Organize volunteers to assist in installing and removing exhibits
Lead: Regina Bigler
Sponsor Alive in the Arts Juried Art Show.
. Develop Artist Prospectus
Timeline: July, 2003
Lead: Lana Bostic, Iris Marshall
. Distribute Prospectus
Timeline: September, 2003
Lead: Staff
. Install the Exhibit, Co-Host Arts Alive Reception
Timeline: October, 2003
Lead: Iris Marshall
C.
Host dedication for the Skateboard Park Project.
. Compile invitation list and send out invitations.
Timeline:January, 2003
Lead: Donna Welch
Cultural Outreach Committee
A.
Knutzen Family Theatre Arts Community Feedback
. Host F.W.C.P.A. and get feedback from user groups
concerning the facility, policies and pricing
Timeline: February, 2003
Lead: Allan Smith
B.
Develop on-going advocacy with the Council on needs.
. Update Council Committee on facility schedules and needs
Timeline: Attend Council Committee Quarterly
Lead: Lana Bostic
C.
Update annual informational Arts Commission brochure.
Timeline: Print in February, 2003
Lead: Allan Smith
D.
Publish semi-annual newsletter.
Timeline: Spring-Summer Edition mailed in March, 2003
Fall/Winter Edition mailed in September, 2003
Lead: Ted Nelson
D-2
E.
G.
3.
A.
Organize attendance Chamber meetings and bring promotional items for
display.
Timeline: Monthly as scheduled.
Lead: Jackie Peterson
Submit information for the cultural calendar page on a quarterly schedule
for Recreation Brochure.
Timeline: Quarterly to coincide with the production of the Recreation
brochure.
Lead: Bonnie Knight-Graves
Programs Committe~
Sponsor Events at the Knutzen Family Theatre.
. Host a Winter Family Concert. Distribute promotions, provide
assistance with ticket sales and ushering.
Timeline: 2 Concerts to be held Feb-March 2003
Lead:
. Co-Sponsor King County Performance Network Events at the
Knutzen Family Theatre. Assist with promotions, ticket sales,
ushering.
Timeline: 2 Concerts to be held Feb-March 2003
Lead:
. Assist with promoting events, ticket sales and ushering at
the Knutzen Family Theatre.
Timeline: Year round
Lead:
B.
Co-Host Arts Alive reception with Contract for Services Recipients and
City Council. .
Timeline: October, 2003
Lead: Chair of Committee
C.
Red, White and Blues Festival:
. Review and develop new ideas for Artists in Action area.
Timeline: Finalized by March, 2003
Lead: Regina Bigler
. Develop the idea of an integrated public art project at the event.
Timeline: Artists selected and ideas finalized by March,2003.
Lead: Joe Martinez
D.
2003 Contract for Services Program.
. Develop Update application guidelines.
Timeline: Programs Committee review June, 2003
Lead: Allan Smith
. Publish new guidelines.
Timeline: August 2003
Lead: Staff .
. Review applications and make recommendations for funding to
Commission.
Timeline: Review applications in October-November approve at Commission
Meeting in December, 2003
Lead: Chair of Committee
2
D-~
4.
A.
K:artscomlretwkplanO3
E.
Contînue involvement and funding support of the Summer Sounds on the J
Beach Concert Series. Schedule Commission members to attend
Concerts.
Timeline: Summer, 2003
Lead: Lana Bostic
Special Projects
Cultural Plan Update:
. Schedule a retreat to draft the priorities of the cultural planning
process.
Timeline: January, 2003.
Lead: Staff
. Identify consultant or firm to facilitate drafting the new plan.
Timeline: February, 2003
Lead: Staff
. Review draft plan with Commission.
Timeline: June,2003
B.
Knutzen Family Theatre
. Review Vision and Mission Statements, incorporate any
recommended changes into the Cultural Plan.
Timeline:March, 2003
Lead: Allan Smith
. Review Pricing Policies and Guidelines.
Timeline: April, 2003
Lead: Staff
. Recommend any revisions of Vision and Mission Statements
and pricing policies to Council.
Timeline: Present to Council Committee in June, Council July
Lead: Allan Smith
C.
Community/Senior/Aquatic Facility
. Assist with planning cultural facilities within the Center.
Timeline: 2003,as a part of the master planning process
Lead: Donna Welch
. Identify public art opportunities for the Center.
Timeline: 2003,as a part of the master planning process
Lead: Iris Marshall
3
D-LJ
001 7200 352 573 22
Part -Time Sta
Office Supplies
Books, Maps, Periodicals
Operating Supplies
Food & Beverage
Consultants
Per Diem and Meals
Conference and Semina
$550.00
$250.00
$75.00
$250.00
$200.00
$1,225.00 .
$400.00
$800.00
$300.00
$200.00
$550.00
$250.00
$75.00
$250.00
$200.00
$1,225.00
$400.00
$800.00
$300.00
$200.00
001 7200 352 573 23
Summer Arts Alive Camp
Exhibit Stipends & Materials
King County Performance Network (Dance)
Knutzen Family Theatre Concert Series
New Program Contracts
Newsletter/Fliers/Promotion
Public
Receptions
Red,White & Blues Festival
Scholarships
Summer Sounds on the Beach
Summer Muscial Theatre
Outdoor Sculpture Exh.
Cultural Plan
Council Allocation/Contract For Services
$500.00
$1,000.00
$500.00
$1,900.00
$1,000.00
$7,500.00
$7,000.00
$400.00
$8,450.00 .
$2,000.00
$1,000.00
$2,000.00
$5,000.00
N/
$2,700
$500.00
$1,000.00
$500.00
$1,900.00
$1,000.00
$7,500.00
$7,000.00
$400.00
$8,450.00
$2,000.00
$1,000.00
$2,000.00
$5,000.00
N/
$2,700
4
D-5
Administration Budget:
Program Budget:
One Time Funding Allocation/CFS:
$4,250.00
$40,950.00
$25,000.00
$4,250.00
$40,950.00
$25,000.00
5
l:)-VJ
5.E
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
January 6, 2003
PRHSPS Council Committee
Mary Fabel: Rec tion and Cultural Services Superintendent
David Mos I anager
2002 . g C ty Sustained Support Grant
Background:
The King County Arts Commission Sustained Support Program provides annual funding to local
arts agencies with a history of bringing arts opportunities to King County residents. The City of
Federal Way applied for and awarded $12,000 for art programs in 2002. These programs are the
stage and arts venues at the Red, White and Blues Festival; Arts Alive and Puget Sound Musical
Theatre Camps and the Sounds of the Summer outdoor concert series. The City has received
funding through the Sustained Support program since 1996.
Due to the reorganization of the King County Arts Commission the contract was not received
until December of2002, and was required to be returned to King County by December 31,2002.
Funding for this program was under review by King County Council and was not secure earlier
in the year. In the past, the Sustained Support Program was a two-year contract. The current
contract is for 2002 only. Beginning January 1, 2003 the King County Arts Commission is no
longer functioning. The newly formed Cultural Development Authority of King County will now
manage cultural outreach for King County and has yet to determine the on-going programs and
servIces.
A copy of the Sustained Support Agreement is attached for review.
Committee Recommendation:
Motion to Council a "do pass" to ratify the City Manager's signature and accept the King County
Sustained Support grant for $12,000 for cultural arts programs in 2002, and place this item
before Council on January 21,2003.
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King County Contract No. D32690D
Contractor's Federal TaxpayerID No.
DepartmentlDivision Executive / Cultural Resources
Agency Federal Way Arts Commission
Project Title 2002 Programs
Contract Amount $ 12,000.
Contract Period From: 01/01/02
Fund Code HIM - Sustained Support
To: 12/31/02
KING COUNTY AGENCY SERVICES CONTRACT - 2002
THIS CONTRACT is entered into by KING COUNTY (the "County"), its designated agent or
successor, and ~ City of .Federal waÿ' whose address is PO Box 9718, Federal Way W A
98063-9718 (the "Contractor").
WHEREAS, the County desires to have certain services performed by the Contractor as described in
this Contract, and as authorized by Motion No. 11501.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,
to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
I.
DURATION OF CONTRACT
This Contract shall commence on the ~ day of January, 2002, and shall terminate on the 31 sl
day of December, 2002, unless extended or terminated earlier, pursuant to the terms and
conditions of the Contract.
II.
COMPENSATION AND METHOD OF PAYMENT
The County shall pay Agency a total of$12,000. for completion ofthe services and
requirements specified in Exhibit ~, attached.
III.
EVALUATIONS. RECORDS AND INSPECTIONS
A.
The Contractor shall provide right of access to its facilities, at all reasonable times in
order to monitor and evaluate the services provided under this Contract. The County
will give advance notice to the Contractor in the case of an audit to be conducted by the
County.
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AG SERVICES 2002 SHORT FORM
Page 1 of 7
IV.
B.
The Contractor shall maintain accounts and records, including personnel, property,
financial, programmatic records and other such.records as may be deemed necessary by
the County to ensure proper accounting for all còntract funds and compliance with this
Contract. If State funding is awarded in conjunction with this project,-these records shall
be maintained for a period of six (6) years after tennination hereof unless pennission to
destroy them is granted by the Office of the Archivist in accordance with RCW Chapter
40.14, or unless a longer retention period is required by law. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and
services provided in the performance of this Contract. The records and
documents with respect to all matters covered by this Contract shall be subject at all
times to inspection, review, or audit by the County during the performance of this
Contract.
C.
The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's perfonnance under this Contract and to make available all infonnation
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17.
ASSIGNMENT /SUBCO NTRA CTIN G
The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign
any claim arising pursuant to this Contract without the written consent of the County. Said
consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the
date of any proposed assignment. "Subcontract" shall mean any agreement between the
Contractor and a subcontractor or between subcontractors that is based on this Contract,
provided that the term "subcontract" does not include the purchase of (i) support services not
related to the subject matter of this Contract, or (ii) supplies.
V.
TERMINATION
This Contract may be terminated by the County without cause, in whole or in part, prior to the
date specified in Section I, by providing the Contractor thirty (30) days advance written notice
of the tennination.
The County may tenninate this Contract, in whole or in part, upon seven (7) days advance
written notice in the event: (I) the Contractor materially breaches any duty, obligation, or
service required pursuant to this Contract, or (2) the duties, obligations, or services required
herein become impossible, illegal, or not feasible.
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
tennination date set forth above in Section II, the County may, upon written notification to the
Contractor, terminate this Contract in whole or in part. Funding under this Contract beyond the
current appropriation year is conditional upon appropriation by the County Council of sufficient
funds to support the activities described in the Contract. Should such appropriation not be
approved, this Contract will tenninate at the close of the current appropriation year.
Ë~~
AG SERVICES 2002 SHORT FORM
Page2 of 7
The Contractor may terminate this Contract upon thirty (30) days written notice, should the
County commit any material breach of this Contract.
VI.
FUTURE SUPPORT
The County makes no commitment to support the services Contracted for herein and assumes
no obligation for future support of the activity Contracted herein except as expressly set forth in
this Contract.
VII.
HOLD HARMLESS AND INDEMNIFICATION
The Contractor agrees to protect, defend, and indemnify the County, its officers, officials,
employees and agents from any and all costs, claims, judgments and/or awards of damages,
arising out of or in any way resulting from the activities associated with this Contract, by the
Contractor, its employees, representatives, volunteers and/or agents. In the event the County
incurs any costs including attorneys fees to enforce the provisions of this article, all such costs
and fees shall be recoverable ttom the Contractor.
VIII. INSURANCE
By the date of execution of this Contract, the Contractor shall, for the duration of this Contract,
procure, maintain and provide evidence of coverage for the applicable insurance required as
outlined below:
General Liability: Coverage shall be at least as broad as Insurance Services Office form
number (CG 00 01 Ed. 11-88) Commercial General Liability, in the amount of at least
$1.000.000. combined single limit per occurrence. King County, its officers, officials,
employees and agents shall be included or endorsed as an additional insured.
Automobile Insurance: In the event the performance of this Contract requires the use of
an automobile, automobile liability coverage in compliance with the statutory
requirements of the State of Washington is required.
Workers' Compensation Coverage: When applicable, evidence of Workers'
Compensation coverage in compliance with the statutory requirements of the State of
Washington shall be provided.
By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Contractor under this Contract. The Contractor
shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
E-Y
AG SERVICES 2002 SHORT FORM
Page3 of 7
IX.
C.
D.
NONDISCRIMINATION
A.
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set
forth herein and such requirements apply to this Contract; provided however, that no
specific levels of utilization of minorities and women in the workforce of the Contractor
shall be required, and the Contractor is not required to grant any preferential treatment
on the basis of race, sex, color, ethnicity or national origin in its employment practices;
and provided further that, notwithstanding the foregoing, any affirmative action
requirements set forth in any federal regulations, statutes or rules included or referenced
in the contract document shall continue to apply. The Contractor shall not discriminate
against any person on the basis of race, color, creed, religion, sex, age, nationality,
marital status, sexual orientation, or the presence of any sensory, mental or physical
disability in an otherwise qualified disabled person in employment. The Contractor shall
not violate any of the terms ofRCW Chapter 49.60, Title VII ofthe Civil Rights Act of
1964, or any other applicable federal, ,state or local law or regulation regarding
nondiscrimination in employment.
B.
During perfonnance of this contract, the Contractor agrees that it will not engage in
unfair employment practices as defined by King County Code, Chapter 12.18. The
Contractor agrees that it shall not discriminate against, nor tolerate harassment of, any
employee or applicant for employment because of race, color, creed, religion, sex, age,
nationality, marital status, sexual orientation, or the presence of any sensory, mental or
physical disability in an otherwise qualified disabled person. The Contractor will take
affinnative action to ensure that applicants and employees are treated without regard to
their race, color, creed, religion, sex, age, nationality, marital status, sexual orientation
or the presence of any sensory, mental or physical disability in an otherwise qualified
disabled person. Such affirmative action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or tennination; rates of payor other fonns of compensation; and,
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions ofthis nondisciimination clause.
The Contractor will, prior to commencement and during the tenD of this Contract,
furnish the County, upon request and on such forms as may be provided by the County,
a report of the affirmative action taken by the Contractor in implementing the terms'of
this provision, and will pennit access by the County to the Contractor's records of
employment, employment advertisements, application fonns, other pertinent data and
records for the purpose of monitoring and investigation to detennine compliance with
this contract.
Failure to implement and cany out the obligations outlined in this section in good faith
may be considered by the County a material breach of this Contract and may be grounds
for cancellation, tennination, or suspension of the Contract, withholding payment, or
invoking the enforcement provisions of K.C.C. 12.16 which provides for penalties,
liquidated damages, or other remedies.
¡;--s
. Page 4 of 7
AG SERVICES 2002 SHORT FORM
E.
As required by King County Code Chapter 12.16, the Contractor shall provide the
County with assurance of their compliance with. the provisions of Section 504 of the
Federal Rehabilitation Act of 1973, as amended, and the Americans with Disabilities
Act of 1990. The Contractor shall complete and maintain in its office a Section 504 self
evaluation and corrective action plan. An assurance of compliance, contained in the
corrective action plan, must be signed, notarized and submitted to the County before the
Contract will be signed by the County.
F.
In addition to the general prohibition against discrimination stated above, the following
nondiscrimination provisions relating to employment of persons with disabilities shan
apply to the Contractor:
1.
Reasonable Accommodation. The Contractor shall make reasonable
accommodation to the known physical or mental limitations of an otherwise
qualified disabled applicant or employee unless the Contractor can demonstrate
that the accommodation would impair or cause undue hardship on the operation
on the Contractor's business.
2.
Pre-employment inquiries. The Contractor may not conduct a pre-employment
medical examination or make a pre-employment inquiry as to whether an
applicant is a disabled person or as to the nature or severity of a disability. The
Contractor may, however, make a re-employment inquiry into an applicant's
ability to perfonn job-related functions. Nothing in this section shall prohibit
the Contractor ITom conditioning an offer of employment on the results of a
medical examination prior to initiation of the employment if all entering
employees are subject to such an examination regardless of disability.
x.
MINORITY AND WOMEN BUSINESS PARTICIPATION
It is the County's policy that minority and women business enterprises (MWBEs) shall have the
maximum practicable opportunity to participate in the performance of contracts for the County.
In this regard, the Contractor is encouraged to make affinnative efforts to utilize finns certified
by the Washington State Office of Minority and Women's Business Enterprises as subcontractor
and suppliers in the event subcontracting or participation of firms other than the Contractor
becomes necessary the perfonnance of this Contract. The Contractor may contact the County's
Minority and Women Business Enterprise Division to explain any work to be contracted and to
obtain a listing ofMWBEs which may be interested in performing such subcontract work.
XI.
CONFLICT OF INTEREST
King County Code Chapter 3.04 is incorporated by reference as if fully set forth hence, and the
Contractor agrees to abide by all conditions of said chapter. Failure by the Contractor to comply
with any requirement of said chapter shall be a material breach of contract.
Ë-(;
.'
AG SERVICES 2002 SHORT FORM
Page 5 of 7
'.
A.
The Contractor covenants that no officer, employee, or agent of the County who exercises
any functions or responsibilities in connection' with the planning and implementation of
the program funded herein, or any other person who presently exercises any functions or
responsibilities in connection with the planning and implementation of the program
funded herein shall have any personal financial interest, direct or indirect, in this Contract.
The Contractor shall take appropriate steps to assure compliance with this provision.
B.
If the Contractor violates the provisions of Subsection XVIII (A) or does not disclose other
interest required to be disclosed pursuant to King County Code Section 3.04, the County
will not be liable for payment of services rendered pursuant to this Contract. Violation of
this Section shall constitute a substantial breach of this Contract and grounds for
termination pursuant to Section XI above, as well as any other right or remedy provided in
this Contract or law.
XII.
POLITICAL ACTNITY PROHIBITED
None of the funds.. materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
XIII.
NOTICES
Whenever this Contract provides for notice to be provided by one party to another, such notice
shall be in writing and directed to the chief executive officer of the Contractor and the
director/manager ofthe County department/division specified on page 1 of this Contract.
XIV.
CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed which are mutually agreed upon
shall be incorporated by written amendments to this Contract.
xv.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Contractor shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this-Contract and shall ensure that, whenever possible,
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper. If the cost of recycled paper is more than fifteen percent higher than the cost of
non-recycled paper, the Contractor may notify the Contract Administrator, who may waive the
recycled paper requirement. The Contractor shall use both sides of paper sheets for copying
and printing and shall use recycled/recyclable products wherever practical at the fulfillment of
this Contract.
E: -l
AG SERVICES 2002 SHORT FORM
Page 6 of 7
XVI.
ENTIRE CONTRACTIW AIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any oral
or written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Contract.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. . Waiver or
breach of any provision of the Contract shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Contract
unless stated to be such through written approval by the County, which shall be attached to the
original Contract.
County:
Contractor:
"
FOR
King County Executive
Date
David H. Moseley
Name (Please type or print)
Approved as to Form:
City Manager
Title (Please type or print)
12/27/02
OFFICE OF THE KING COUNTY
PROSECUTING A TIORNEY
March 7. 2001
Date
APPROVED AS TO FORM:
f~~
AG SERVICES 2002 SHORT FQRM
Page 7 of 7
EXHIBIT A
SCOPE OF SERVICE
Federal Way Arts 'Commission and the ~ng County Office of Cultural Resources mutually agree tþat the
following services be provided in accordance with the application and contract work sheet submitted'to
and approved by the King County Arts Commission.
Partial support for 2002 programs, including: Red, White and Blues Festival on July 4,2002, a tree
outdoor community event held at Celebration Park in Federal Way and featuring mainstage perfonnances,
visual arts activities, and interactive activities for youth; Puget Sound Musical Theatre Camp, a new
program for 8-12 year oldsco-sponsored by PSMT and culminating in public perfonnances by students;
Arts Alive Summer Camp, an interdisciplinary arts camp offering education and experiences for youth in
visual, musical and perfonning arts; and Summer Sounds on the Beach, a tree, summertime outdoor
concert perfonnance series held weekly at Steel Lake Park. Events are open and publicized to the
community. .
Amount: $12.000.00
For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation
regarding:
. Final budget, actual
. Completion of evaluation fonn
. Final report of program activities
. Programs, brochures, flyers if available
PUBLIC BENEFIT
Admission to summer concert perfonnances and community festivals is offered tree of charge.
Reduced fees and scholarships are available for youth participating in arts education programs.
PUBLICITY /PROMOTION POLICY
Prominent acknowledgment of King County is required of all recipients for use in all publicity and
promotional materials, including, but not limited to brochures, press releases, programs, posters, public
service announcements, flyers and advertisements. The following graphic is recommended:
@ King County
* ~tS~~ssion
Final payment will not be made until acknowledgment is submitted on printed material
E -<1
5.F
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES
MEMORANDUM
Date:
To:
From:
Via:
Subject:
December 30, 2002
PRHSPS Council Committee
Mary Faber, 'on and Cultural Services Superintendent
David M ele nager
First Amend nt to American Janitorial Services Contract
Background:
The current janitorial services contract with American Janitorial Services expired on December 31, 2002.
Staff would like to amend the contract for an additional year of service. This would be the first
amendment to the contract.
American Janitorial Services has provided services at the Dumas Bay Centre since 1997. They maintain a
very good reputation with our customers and staff is pleased with their perfonnance. The Amendment
would provide the following:
.
Extend term of contract for one year
Increase compensation from $298,200 to $398,200 for an additional year of compensation,
including a slight increase in prevailing wages. '
.
Janitorial services is a budgeted item and is included in the 2003-04 budget. Scheduling of janitorial
services correlates directly to facility bookings; if the building is scheduled janitorial services are
scheduled. This request does not change the Council adopted budget for Dumas Bay Centre.
A copy of the American Janitorial Services Contract is included for your review.
Committee Recommendation:
Motion to recommend to Council a "do pass" to authorize the City Manager to approve the First
Amendment to the American Janitorial Services Contract extending the term ofthe contract and
associated compensation for one year and to place this item before Council on January 21, 2003.
¡~~::::~ ~ó ~ :I~?~i~[t~;~:~if j~~ít¡!~I~~~ ~~: ~'i~
K:/ dbc/ firstamendenm entAmJ an i tori al 0 3
F-I
FIRST AMENDMENT
TO
JANITORIAL MAINTENANCE SERVICES AGREEMENT
FOR
FO R THE DUMAS BAY CENTRE AND KNUTZEN F AMIL Y THEATRE
This First Amendment ("Amendment") is dated effective this] sl day of January 2003, and is
entered into by and between the City of Federal Way, a Washington municipal corporation ("City"),
and American Janitorial Services, a Washington corporation ("Contractor").
A. The City and Contractor entered into a Janitorial Maintenance Services Agreement
dated effective January 1, 2000, whereby Contractor agreed to provide janitorial services for the
Dumas Bay Centre and Knutzen Family Theatre ("Agreement").
B. Section 17.2 of the Agreement provided that the Agreement may only be amended by
written agreement signed by the parties.
C. The City and the Contractor desire to amend the Agreement to expand the scope of
work to be performed by the Contractor, to increase the compensation paid to the Contractor for the
rendering of these additional services, and to extend the term of the Agreement.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1.
Scope of Work.
Section 1 ofthe Agreement and the Scope of Work attached as Exhibit "A" and Exhibit "B"
to the Agreement shall be amended to include those additional services more particularly described
in Exhibit "B-1" attached hereto and incorporated by this reference ("Additional Services").
Additional services shall commence on February 1,2003.
2.
. Term.
Section 2 of the Agreement shall be amended to provide to extend the term.for a period of
one year and one month, terminating on January 31, 2004.
3.
Compensation.
In consideration of Contractor completing the Additional Services, Section 4.1 of the
Agreement shall be amended to increase the total compensation to be paid to the Contractor by an
additional amount not to exceed One Hundred Thousand and nolI 00 Dollars ($100,000), for a total
amount payable to Contractor pursuant to the Agreement and this First Amendment to be an amount
not to exceed $398,200.00.
~-L
4.
Full Force and Effect.
All other terms and conditions of the Agreement not modified by this Amendment shall
remain in full force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
PO Box 9718
Federal Way, WA 98063-9718
ATTEST:
APPROVED AS TO FORM: .
City Clerk, N. Christine Green, CMC
~~~~
Patricia Richardson, City Attorney
AMERICAN JANITORIAL SERVICES
By:
Robert Fritz
Its:
Owner
k:/dbc/firstamendAmJ anitorial02
P.O. Box 5311
Kent, W A 98064
(253) 854-0433
J=:-5
- 2 -
JANITORIAL STANDARDS. KNUTZEN FAMILY THEATRE (Exhibit "A")
AREA ITEM STANDARD FREQUENCY
THFATRE Carpet Vacuumed, no spots, edges cleaned and dusted As requested
Seats - fabric Clean, spots removed . As requested
Seats - backs and arms Ciean and free of dust, fingerprints and marks removed As requested
Ughts (WaR sconces) Clean and free of dust As requested
Trash cans Empty, wipe down As requested
Glass (Control & Followspot rooms) Clean, fingerprints and marks removed As requested
Walls Clean and free of dust As requested
STAGE Floor Sweep and damp mop As requested
THEATRE LOBBY Carpet Vacuumed, no sPOts, edQes cleaned and dusted As requested
Windows/Doors Clean glass, fmaerorints and marks removed As requested
. Liohts Clean and free of dust As requested
Curved waD Clean and free of dust As requested
Trash cans Empty, wipe down As requested
Ceilina vent/speakers Clean and free of dust As requested
LOBBY LOUNGE Carpet Vacuumed, no spots; edQeS cleaned and dusted Weeidv
Uahts Clean and free of dust WeeklY
Windows/Doors Clean alass, finaerprints and marks removed Weekly
Glass Block Clean alass, finaerprints and marks removed WeeklY
Trash cans Empty, wipe down WeeklY
REHEARSAL SPACE Carpet Vacuumed, no spots, edges cleaned and dusted As reQuested
Floor Sweep, marks and scuffs removed As requested
Windows/Doors Clean alass, finaerprints and marks removed As requested
Mirrors Clean glass, fingerprints and marks removed As requested
,Lights Clean and free of dust As requested
Trash cans Empty, wipe down As requested
WORKROOM Floor Sanitized, marks and scuffs removed As requested
Trash cans Empty, wipe down As requested
Sink Clean, disinfect As requested
-
STAGE OFFICE Floor Sanitized, marks and scuffs removed As requested
Trash cans Empty, wipe down As requested
Windows Clean glass, fingerprints and marks removed As requested
HOLDING AREA Floor Sanitized, marks and scuffs removed As reQuested
DRESSING ROOMS (2) Floor Sanitized, marks and scuffs removed . As requested
Trash cans Empty, wipe down As requested
Sink Clean, disinfect As requested
Soap dispenser Refilled As needed
Mirrors Clean glass, fingerprints and marks removed As requested
HALLWAYS Floor Sanitized, marks and scuffs removed As requested
lights Clean and free of dust As requested
BATHROOM (Backstage) Trash can Empty, wipe down Daily
Counter Wipe, disinfect Daily
Sink Sanitized, fIXtures polished Daily
Toilet Base, stool, seat, tank sanitized Daily
Door Doors clean and free of marks Daily
Glass/mirror Clean gla$s, fingerprints and marks removed Daily
Floor Sanitized, marks and scuffs removed Daily
Walls Spot cleaned Daily
Soap dispenser Refilled As needed
Toilet paper dispenser Refilled As needed
Paper towel dispenser Refilled As needed
Lights Clean and free of dust Weekly
'304 T4ROOM (Mens) Trash cans Empty, wipe down Daily
Counter Wipe, disinfect Daily
Sinks Sanitized, fixtures polished Daily
T oiletslUrinals Base, stool, seat, tank sanitized Daily
Doors Doors clean and free of marks Daily
Glass/mirrors Clean glass, fingerPrints and marks removed Daily
F-l1
BATHROOM (Womens)
COORDINATOR OFFICE
BOX OFFICE
:\k-f-t'oper\custwb3
\=-5
Janitorial contracts
,_.
FREQUENCY - t.1I
AREA STANDARD ilmns 11m Ininimnll
1..¡,,'I.'¡.~I!"'~'::illl!\I ~ i1n' ¡m1I'1n.1 ~hm"r tW!
()',¡ lIflICllo( 'III iIIl I)!;
,............ '0_._.......----..... "-_on...'" --""'-"""" ...._.....I'.lrl. .:t.t..!.~.tló,;:~,i~.. ..
¡1¡(,'NII:III,Mh:1 ... -.
Carpet Vacuumed; no spots, edges clean and dusted weekly
windows/door glass clean; fingerpñnts and mar1<s removed weekly
lights Clean and free of dust bugs removed weekly
furniture Clean and free of dust weekly
radiators Clean and free of dust weeklv
entrance mat Clean: spots and mar1<s removed weekly
trash cans emptylwlpe down weekly
MEN'SJWOMEN'S BATHROOM .. 5
trash emptylwlpe down daily ,
counters ' wipe/disinfect daily
sinks sanitized; fixtures polished daily
toilets base. stool. seat, tank sanitized daily
doors doors clean and free of marl<s daily
glasslmirrors glass clean; fingerpñnts and mar1<s removed dailY
floors sanitized; mar1<s and scuffs removed daily
walls spot cleaned dailv
soap dispensers refilled
toilet paper dispenser refilled
towels dispenser refilled
RECEPTION AREA .
counters clean and free of dust weekly
magazine rack clean and free of dust weekly
water fountain sanitized, stainless steel polished weekly
trash cans emptylwipe down weekly
windows glass clean; fingerpñnts and marl<s removed weeklv
carpet vacuum; no spots, edges clean and dusted weekly
HAllWAYS
carpet vacuum; no spots. edges clean and dusted weekly
glass clean; free of fingerpñnts ànd marl<s removed weekly
ledges/radiators clean; free of dust monthly
light fixtures Clean and free of dust, bugs removed monthly or as needed
BANQUET ROOMS. CONFERENCE ROOM, AND MEETING ROOMS-6
tables clean; disinfected daily or as needed
chairs dust/straighten dailv or as needed
carpet vacuumed; no spots, edges clean and dusted daily or as needed
ledges clean; free of dust daily or as needed
radiators clean; free of dust dailv or as needed
lights Clean and free of dust, bugs removed monthly
trash emptylwlpe down daily or as needed
I reevcle bins emptylwipedown daily or as needed
walls spot clean dailv or as needed
glass spot clean daily or as needed
fans dust/clean bi-annually
SIDE KITCHEN(s)
counters clean; disinfect weekly
stove tops dean; disinfect weekly
appliances clean; disinfect weekly
trash emptylwipe down weekly
recycle bins emptylwipe down weeklY
ledges clean; free of dust weekly
windows spot clean; fingerpñnts and marl<s removed weekly
floor sanitized; marl<s and scuffs removed weekly
radiators dean; free of dust weekly
VENDING AREA
machines dean; free of dust weekly
floors sanitized; mar1<s and scuffs removed weekly
counters dean; free 01 dust weekly
RETREAT ROOMS
Service (non-d1eckout)
bed linens straighten bed linens
counters, dressers, tables,
, window sills, radiators dust and clean
I trash empty
Page 1
~ - lo
FREQUENCY - "II
ilf¡mS Are Jllininurn
fit<ll1dard .arH;1 e,1'K'uk,I !.If,
I)!ltllpkt~1I 1111111'1 ;'1$
noiIdM I)Así$
c:;¡;¡;;;¡....-............-....-. 'iiñiiïVãë;;úii,-""""'-'-""""'-'.--'-.'" -"-"."--.'-."""""
cIeanIdisinfect all batlvoom fixtures, toilets.
sinks
change all bath linens
DUM,\H II',Y CLN II<!
AREA
-
,.." .
bathrooms
bath linens
Service (check Iolout)
bed linens
count_. dressers. window
sills, radiators
trash
call1et
curtain
bathrooms
bath linens
Kleenex
toilet paper
soap
closet
closet
medicine cabinet
alann dock
welcome letter
maintenance update
STANDARD
chanae bed linens
dust and clean
I empty
thorouah vacuum
curlain open and not hanging off rod.
deaoldlslnfect all bathroom fixtures. toilets.
sioks
change all bath linens
I reptace/refill
replace/refill - minimum of 1 additional roll in
bathroom
I replace/refiA
minimum 5 coat hangers in room
.
debris
empty, sanitized and free of debris
time corTeCt and alanntumed elf
placed neaUy on desk or bed
each day for any maintenance issues In the
bed rooms.
SHOWERS. BATHS. AND TOILET FACILITIES IN BOTH WINGS. FIRST AND SECOND FLOOR ClEANING BEFORE EACH RENTAl
clean, disinfect and run water in all shower
staßs for minimum of 1 minute
clean, disinfect and run water in all bath tubs
for minimum of 1 minute
base, stool. seat, tank sanitized
sanitized; fixtures POlished
deán; finaerprints removed; no streaks
sanitized; marks and scuffs removed
showers - 9
bath tubs. 8
bathrooms -5
sinks and fixtures
mirrors
tile Doors
BASEMENT
Stairs
Handrail
Stairs
ClaSSlMeeting Rooms
floors
tables/counter tops
sink
windowsills
Bathroom
trash
counters
sinks
toilets
doors
glass/mirrors
floors
walls
soap dispensers
toilet paper dispenser
towels dispenser
Clean and free of dust
SweeplMoP; free of dirt and debris
sanitized; marks and scuffs removed
clean; free of dust and debris
sanitized. polished
dean; free of dust and debris
I emptylwipe down
wipe/disinfect
sanitized; flxtures polished
base, stool. seat, tank sanitized
doors clean and free of marks
lass clean; fingerprints and marks removed
sanitized; marks and scuffs removed
spot dean
refilled
refilled
refilled
.
bi-weekJv
bl-weekJv
bi-weekJy
bl-weekJv
bi-weekly
bl-weekJv
dail
dam
dail
daiI)
dail
dailv
daily
dailY
as needed
as needed
as needed
.
and other duties as requested 00 a per hour basis
contrnctor agrees to provide all linens, towels. Responsible for inventory of soaP. tissue paper and tonet paper
Retreat rooms cleaned monthly to indude: I
Deep cleanin!!. ' Clean toilets and sinks to prevent rust buildup. and remove dirt and dust. Dust ledaes and other horizontal surfaces.
f--,
Page 2
EXHIBIT "Ð"
OVERNIGHT ROOM SERVICES
A. Room cleaning: $4.00 per single person occupancy
$6.00 per double person occupancy
B.
Cleaning of showers, baths and toilet facilities for retreat services = $30.00 per
day of service.
Provide bed and bath linens:
1. Twin bed/single occupancy - $4.95
I flat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12x12), 1 hand towel (15x25), 1 bath towel (22x48).
Twin bed/double occupancy - $9.90 .
2 flat sheet, 2 fitted sheet, 4 pillow covers, 2 mattress pads, 2 face
towels (12x12), 2 hand towels (15x25), 2 bath towels (22x48)
Double bed/single occupancy - $5.65
Iflat sheet, l.fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12x12), 1 hand towel (15x25), 1 bath towel (22x48).
Double bed/double occupancy - $7.70
1 flat sheet, 1 fitted sheet, 4 pillow covers, 1 mattress pad, 2 face
towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48).
Minimum linen order is linen for ten people. Maximum linen order is for linens for 90
people.
C.
2.
3.
4.
D.
Bed blanket cleaning, (if machine washable): $2.25 per blanket
GENERAL CUSTODIAL SERVICES
A. Daily/weekly custodial services - $19.00 per hour. Services to be performed per
Exhibit "A". Additional services may be contracted at $19.00 per hour.
B.
Carpet extracting and cleaning - $0.11 per square foot - per the request of the
contract administrator. $150.00 minimum per service.
C.
Floor scrubbing, stripping and waxing - $25.00 per hour
D.
Window cleaning (all interior and exterior windows) - $500
\="-"'6
D.
EXHIBIT "B'~ ,
REVISED FOR PREVAILING WAGE INCREASES FOR A CONTRACT
EXTENSION JANUARY 1. 2003
OVERNIGHT ROOM SERVICES
A. Room cleaning: $4.61 per single person occupancy
$6.92 per double person occupancy
B.
Cleaning of showers, baths and toilet facilities for retreat services = $34.59 per
day of service.
Provide bed and bath linens:
1. Twin bed/single occupancy - $4.95
1 flat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12xI2), 1 hand towel (15x25), 1 bath towel (22x48).
Twin bed/double occupancy - $9.90
2 flat sheet, 2 fitted sheet, 4 pillow covers, 2 mattress pads, 2 face
towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48)
Double bed/single occupancy - $5.65
1 flat sheet, 1 fitted sheet, 2 pillow covers, 1 mattress pad, 1 face
towel (12xI2), 1 hand towel (15x25), 1 bath towel (22x48).
Double bed/double occupancy - $7.70
1 flat sheet, I fitted sheet, 4 pillow covers, 1 mattress pad, 2 face
towels (12xI2), 2 hand towels (15x25), 2 bath towels (22x48).
Minimum linen order is linen for ten people. Maximum linen order is for linens for 90
people.
C.
2.
3.
4.
D.
Bed blanket cleaning, (if machine washable): $2.25 per blanket
GENERAL CUSTODIAL SERVICES
A. Daily/weekly custodial services - $21.90 per hour. Services to be performed per
Exhibit "A". Additional services may be contracted at $21.90 per hour.
B.
Carpet extracting and cleaning - $0.13 per square foot - per the request ofthe
contract administrator. $150.00 minimum per service.
C.
Floor scrubbing, stripping and waxing - $28.82 per hour
Window cleaning (all interior and exterior windows) - $575.00
\=-1
5.G
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
from:
Via:
Subject:
January 13, 2003 ,
Lydia Assæ,ta-D won, Human Services Manager ¿fÇt>
David Mos Manager .
Memoran urn f nderstanding of a Joint Human Services funding
program
Background
For the past 9+ years, most South King County cities have been using a joint Human Services
funding application for agencies to use. The funding applications have been modified
periodically to make it easier for the applicants to fill out, and for funders to review. Additionally,
the funding cities have had application workshops for the agencies to provide technical
assistance and answer questions before each application cycle. In looking at better simplifying
the process, funders have been evaluating other options, such as having one common
application for the next funding cycle (2005-06), and now the implementation of a joint funding
project.
Eight South King County cities (Auburn, Burien, Covington, Federal Way, Kent, Renton,
SeaTac, and Tukwila) will be entering into a MOU (Attached) to fund four programs that are
funded by all or some. Each city will only enter into this MOU for those agencies the city is
committed to funding. The four agencies identified for this pilot project was based on funding
from multiple cities with good track records. Those agencies are: Crisis Clinic (for telephone
referral line), King County Sexual Assault Resourc~ Center (for sexual assault services),
Community Health Centers, and King County Coalition Against Domestic Violence (for
Domestic Violence Planner). The City of Federal Way is funding three of the four agencies
identified above.
Currently, other cities have offered to be the lead city (fiscal agent), and participating cities will
send their portion of the funds to that lead city at the beginning of the year. Each city will be
responsible for the monitoring and reviewing of the programs, and to authorize the lead city to
pay the agency. If the city's expectations are not met, the city has the right to authorize the lead
city to withhold its portion of the payment. At the end of the funding year, there will be a
mechanism in place to either give unspent funds back to the city or carry forward to the
following year.
Once approved by the individual cities, the agencies will receive a joint award letter identifying
all the cities funding and contracts will be signed by all parties involved.
Should this process be proven successful, the cities will enter into contracts for all qualified
programs for subsequent years, and determine which programs individual cities will take the
lead on.
There will be administrative cost savings to the agencies, but at this point, it is unclear if it will
result in any type of savings to the participating cities. However, cities will have the same
I
(;-1
PRHSPS
Joint funding MOU for Human Services
01/13/02
reports to review, so it will be. easy to see discrepancies in service delivery and the agencies will
be less likely to provide inaccurate reports.
Committee Recommendation
1. The Committee recommends approval of the Pilot Joint Funding MOU between South
King County Cities for Human Services Funding for 2003, and continue the project if the
program proves successful and beneficial to the cities.
This recommendation is forwarded to the full City Council for approval on January 21,
2003.
2
G,- 2-
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF AUBURN, BURIEN, COVINGTON,
DES MOINES, FEDERAL WAY, KENT, RENTON,
SEATAC, AND TUKWILA FOR PLANNING,
FUNDING, AND IMPLEMENTATION OF A JOINT
HUMAN SERVICES APPLICATION AND FUNDING
PROGRAM.
THIS MEMORANDUM OF UNDERSTANDING ("MOD") is entered into pursuant
to Chapter 39.34 RCW by the Cities of Auburn, Burien, Covington, Des Moines, Federal
Way, Kent, Renton, SeaTac, and Tukwila, Washington hereinafter referred to as "Cities",
to provide for planning, funding, and implementation of a joint human services
application and funding program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the parties wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County;
and
WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to
engage in cooperative efforts which result in more efficient use of Government resources;
and
NOW THEREFORE, and in consideration of the terms, conditions and performances
made herein, it is agreed as follows:
1. Purpose of MOU: The purpose of the MOU is the set up a cooperative arrangement
between the Cities to consolidate the human services application and funding process.
Four nonprofit human serVices agencies, commonly funded by many of the Cities, have
been designated by the Cities for calendar year 2003. Nonprofit agencies may be added
or deleted each year as determined by the Cities for the cooperative program.
2. Joint Participation.
a) Lead City. A Lead City will be designated by the Cities for each Nonprofit
Agency, as shown in Exhibit A, to act as the fiscal and administrative agent
for the Cities for that Nonprofit Agency. A Lead City is usually established
by the amount of funding and/or support to the particular Nonprofit Agency.
The responsibilities ofthe Lead City are described in Section 4.
b) Participating City. A Participating City is a city participating in the
cooperative funding of a Nonprofit Agency, who is not a Lead City.
Participating Cities for each Nonprofit Agency are identified in Exhibit A. A
Participating City shall review quarterly reports ttom the Nonprofit Agency.
~-~
Joint Human Services Application and Funding MOD
Page 2 of 2
If a Participating City becomes concerned with a Nonprofit Agency's
services, it will promptly notify the Lead City. If a Participating City
determines that a Nonprofit Agency is not performing satisfactorily for their
city, the Participating City reserves the right to request the Lead City to
withhold payments to the Nonprofit Agency for their share of funding. In the
event that a claim or lawsuit is initiated by a Nonprofit Agency against any
City for withholding payment, the City requesting the withholding of payment
shall be responsible for settling or defending the claim or lawsuit. In addition,
in the event of any settlement of or judgment on the claim or lawsuit, the City
requesting that payment be withheld shall be fully responsible for the payment
of such settlement of judgment and shall indemnify, defend, and hold
harmless the other Cities for such settlement or lawsuit.
c) Nonprofit Agency. For calendar year 2003, the Cities identified and agreed
that they will coordinate to consolidate the human services application and
funding process for the following four Nonprofit Agencies: Crisis Clinic,
King County Sexual Assault Resource Center, Community Health Center, and
the Part-Time Domestic Violence Planner through the King County Coalition
Against Domestic Violence. Nonprofit Agencies may be added or deleted
each year as determined by the Cities for the cooperative program.
3. Funding Arrangement.
a) Allocation. Each Participating City shall provide to the Lead City no later
than March 31 st of each year, the total annual funding allocation approved by
their City Councils for the Nonprofit Agency, as described in Exhibit A. No
administrative costs shall be imposed by the Lead City to the other
Participating Cities. Exhibit A will be updated each year to show the
Nonprofit Agencies, Lead Cities, Participating Cities, and funding amounts
for that calendar year.
b) Return of Unspent Funds. Any monies that the Nonprofit Agency(s) does not
spend during the calendar year shall be proportionately returned to each
Participating City. On or before March 31 st of the next calendar year the Lead
City will provide the unspent funds to each Participating City.
4. Responsibilities of Lead City. A Lead City has been designated to act as the fiscal and
administrative agent for the Cities for each Nonprofit Agency, as shown in Exhibit A.
The responsibilities of the Lead City shall includ~ the following:
a) Send an invoice to each Participating City by January 30th of each year for
. their annual approved allocation to the Nonprofit Agency.
b} Contract with the Nonprofit Agency each year, for the total funding allocated
by the Participating Cities, detailing performance measures to be performed
by the Nonprofit Agency for each City.
c) Receive, review, and process the quarterly invoices and reports from the
Nonprofit Agency. Quarterly reports shall describe services provided
J:\SUEF\ParksCommittee\2003\MOU - Final.doc
Final MOU - December 19, 2002
Cî-Y
Joint Human Services Application and Funding MOD
Page 3 of 3
specifically to each City. Disputes regarding billings will be resolved among
the Participating Cities. .
d) Proyide copies of quarterly reports to the Participating Cities, if the reports are
not provided directly by the Nonprofit Agency.
e) Provide the Nonprofit Agency with a funding application and technical
assistance as required.
f) Perform an annual monitoring visit of the Nonprofit Agency, to include the
participation of another Participating City.
g) Maintain accounts and records which properly reflect transactions related to
this MOD.
5. Duration. This MOU shall become effective when it is approved by a majority of the
Cities and shall remain in effect through December 31, 2003, with automatic extensions
annually, unless terminated as described in section 6.
6. Termination. Any party may terminate its participation in the MOU without cause by
giving the other Cities a thirty day written notice. The terminating party shall remain
fully responsible for meeting its funding responsibilities and other obligations established
by this MOU through the end of the calendar year in which such notice is given.
7. Notices. Notices to the Cities shall be sent to the following persons:
Cit
Auburn
Burien
Covington
Kent
Des Moines
Federal Way
Renton
SeaTac
Tukwila
Indemnification.
8.
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of such City, the City's employees,
affiliated corporations, officers, and lower tier subcontractors in connection with this
MOD.
(;-s
1:\SUEFìParksCommittee\2003\MOU - FinaLdoc
Final MOU - December 19, 2002
Joint Human Services Application and Funding MOU
Page 4 of 4
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington
for claims of any type brought by any City agent or employee against the other Cities.
This waiver is specifically negotiated by the parties and a portion of the City's payment
hereunder is expressly made the consideration for this waiver.
9. Insurance. Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
shall provide proof of such membership in lieu of the insurance requirement above. Such
self insurance shall provide coverage equal to or greater that required of non-self
insurance pool member Cities.
10. Oversight Committee. This Agreement shall be managed by an Oversight
Committee made up of one representative of each City. The representative of each City
shall be that person designated in section 7 of this Agreement. The Oversight
Committee shall meet at least annually to discuss the terms of the Agreement and manage
the services provided pursuant to the Agreement.
11. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the event any
suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement,
the parties specifically understand and agree that venue shall be exclusively in King
County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
12. Counterparts. This document may be executed in any number of counterparts,
each one, which shall be considered an original.
IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this
day of , 2003.
CITY OF AUBURN
By:
Approved As To Form:
Title:
City Attorney
Date:
Attest:
(;,-to
1:\SUEF\ParksCommittee\2003\MOU - FinaJ.doc
Final MOU - December 19, 2002
Joint Human Services Application and Funding MOD
Page 5 of 5
CITY OF BURIEN
By:
Title:
Date:
Attest:
CITY OF COVINGTON
By:
Title:
Date:
Attest:
CITY OF DES MOINES
By:
Title:
Date:
Attest:
CITY OF FEDERAL WAY
By:
Title:
Date:
Attest:
1:\SUEfìJ>arksCommittee\2003\MOU - Final.doc
Final MOU - December 19,2002
6-1
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Joint Human Services Application and Funding MOD
Page 6 of 6
CITY OF KENT
By:
Title:
Date:
Attest:
CITY OF RENTON
By:
Title: .
Date:
Attest:
CITY OF SEATAC
By:
Title:
Date:
Attest:
CITY OF TUKWILA
By:
Title:
Date:
Attest:
1:\SUEFìParksCommittee\2003\MOU - FinaLdoc
Final MOU - December 19, 2002
c~-~
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Joint Human Services Application and Funding MOD
Page 7 of 7
EXHIBIT A
to
Memorandum of Understanding (MOU) between the Cities for planning, funding,
and implementation of a joint human services application and funding program.
CALENDAR YEAR 2003
Name of Nonprofit Agency Participating Cities &
Tentative Fundin2
Crisis Clinic for the telephone Auburn - Lead City - $1,500
referral line Burien - $4,500
Covington - $5,000
Des Moines - $2,500
Kent - $5,000
Federal Way - $10,000
Renton - $3,300'
SeaTac - $2,780
Tukwila - $2,000
TOTAL - $36,580
King County Sexual Assault Renton - Lead City - $35,000
Resource Center (KCSARC) Auburn - $26,500
for sexual assault services Burien - $7,500
Covington - $3,500
Des Moines - $4,000
Kent - $20,000
Federal Way - $35,000
SeaTac - $7,200
Tukwila - $14,000
TOTAL - $152,700
Community Health Centers Kent - Lead City - $58,450
for comprehensive medical Auburn - $27,550
services for low and moderate Covington - $3,200
Income persons. Federal Way - $31,827
Renton - $24,000
SeaTac - $10,600
TOTAL - $155,627
Part- Time Domestic Violence Kent - Lead City - $15,000
Planner through King County Renton - $5,000
Coalition Against Domestic TOTAL - $20,000
Violence for planning
activities in South King
County.
1:\SUEF\ParksCommittee\2003\MOU - Final.doc
Final MOU - December 19, 2002
c,-
S.H
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
February 10, 2003
Jennifer reeler unteer and Neighborhood Programs Coordinator
David Mos I anager
Neighborhoo atching Fund Status and Revisions
Background
In 1997 the City of Federal Way created the Neighborhood Matching Fund (NMF) Mini-grant
which was designed to provide funds to neighborhoods for capital improvements as well as
encouraging human service projects such as spring cleanups, crime prevention activities, and
neighborhood gatherings. The NMF grant program was approved by this committee on 4/3/97
and by the full council on 4/15/97. The program is funded with annual one-time allocations of
$15,000 from the general fund. Applicants can request up to $2,500 per project. Applicant
groups then match the granted amount with volunteer labor, in-kind gifts, or cash funds
dedicated to the project.
Since 1997 the NMF Guidelines and Application have been revised. Substantial changes were
approved by the City's Law Department on 7/1/01. Attachment 1 includes the Guidelines and
Applications with revisions marked.
Examples of common matching grant projects listed in the original proposal included: Spring
cleanup, play equipment, training, bus shelters, p-patch gardens, neighborhood signs, traffic
control devices, block parties, graffiti paint outs, and special events. Attachment 2 lists past
grant applications that were approved. While not all of the grant recipients are
"neighborhoods, n the approved applications do not stray from the intent of the program which is
stated in the original guidelines as being "a program where the City partners with neighborhood,
business and community service groups to improve the quality of life in a neighborhood or the
community as a whole. n
Purpose
The purpose of this memo is to make the Parks, Recreation, Human Services, and Public
Safety (PRHS&PS) Committee aware of the modifications to the Neighborhood Matching Fund
Guidelines and Application, and to update the committee of the types of projects that have been
funded so far. It is staffs hope that this will clarify questions council may have regarding the
granting process and the program as a whole.
Historically, funds have been requested by and granted to neighborhoods for physical
improvement, beautification or safety equipment. The changes being recommended on the
guidelines are basically for clarity purpose, regarding the types of projects that qualify, and who
can apply. One prime example of such application, submitted by a group, and not a
neighborhood, is the "Community Special Events" granted to the Korean Senior Club. This
application was granted because it qualified under special events in serving the Korean
Community in Federal Way by recognizing and promoting special gatherings through financial
assistance to celebrate holidays, such as Thanksgiving, Christmas and New years (February
6). Other such examples are Emergency Communications Upgrade and Radio Repeater
Upgrade granted to the Federal Way Amateur Radio Club. This will serve the - City of Federal
\-t-\
Way, in the case of a disaster. The last project granted in 2002 was an application submitted by
Federal Way's Chamber of Commerce Advancing Leadership to provide shelter for food bank
patrons. All projects funded so far are listed in Attachment 2.
It is staff's desire to grant funds to more events such as block parties, and additional special
events, that would enhance the quality of life in neighborhoods and the City as a whole.
If you have any questions or comments, please contact me or my partner, Kimberly Paterno, at
253.661.4023 or bye-mail at vnp@ciJederal-waV.wa.us. Kimberly or I will be in attendance at
the February 10th Committee meeting to answer any questions of the PRHS&PS Committee
Members.
tl-2
Attachment 1
Neighborhood Matching Fund
Guidelines and Application
H-~
~
CITY OF ".... --:?
Federal Way
USING THE CITY OF FEDERAL WAY'S NEIGHBORHOOD MATCHING FUND
The Neighborhood Matching Fund (NMF) is a program "'(Rere in which the City partners with
neighborhood, business and community service groups to improve the quality of life in a
neighborhood or the community as a whole. The City provides up to $2500 in matching grants
for a wide range of projects. Groups match their request by providing volunteer labor~ for their
project, generating in kind gifts~ to the project or raising a cash match for their project.
EXAMPLES OF NEICHBORHOOD ML4.. TCHINC FUND MINICRANTTYPES OF
PROJECTSt
NMF projects must be within the City's authority to approve. within the City limits. and must
benefit the neighborhood or the City of Federal Way as a whole. Examples ofNMF projects
include. but are not limited to:
Spring cleanup
Small parks
Beautification
Play equipment
Neighborhood name signs
Murals
P-patch gardens
Street-lights
Traffic control devices
Block parties.
Graffiti paint out~
Special events
The City will cover every person who works on a physical improvement project as a volunteer
under the City's worker's compensation plan. Minors working on the project will not be allowed
to operate any equipment. The neighborhood group will be required to submit a list of the names
of the volunteers who will be working on the project and the date and hours worked to the City.
To receive support, projects must:
.
Receive written approval of application before starting project
Provide a public benefit; and occur on public property or right of way;
Result in a product that benefits a neighborhood or the community as a whole;
. Be feasible for completion within 12 months;
Iw;ol-;e neighborhood people in the identification, plar.ning, and execution of the project;
They must emphasize neighborhooà self help.Be planned and implemented by a
neighborhood or community group;
Include information about how ongoing maintenance will be provided.
.
.
.
.
.
Projects not eligible for funding:
.
Projects that duplicate an existing private or public program.
Projects that are ongoing services or that request funding to support the ongoing operating
budgets of service organizations.
Projects that conflict with existing City policy.
Pr-ojects that are fur the mMaintenance of projects previously funded by the program.
Projects implemented before the NMF application is approved in writing.
Projects that are outside the Federal Way City limits.
.
.
.
.
.
+I~Y
It is our preference that a funded project occur on public propertyefor right-of-=way. however if
a project occurs on private property and public benefit can be demonstrated. the project will be
evaluated on a case-by-case basis.
A wards are not made to individuals. single businesses. institutions. religious organizations.
government agencies. or political groups. Additionally. the group or organization cannot
discriminate against sex. age. race. color. creed. national origin. or the presence of any disability.
including sensory. mental. or physical handicaps. or any other basis prohibited by local. state. or
federal law. in the admission of members.
WHO CAN APPLY?
Applications are accepted from neighborhood-based organizations of residents or businesses or
fÌ'om community service groups. A neighborhood-based organization is one with a majority of
its members residing, or operating businesses, in a commonly recognized neighborhood and
whose purpose is to improve the quality of life in that area. The organization need not be
incorporated and might be formed in the process of carrying out the project.
Multiple applications from a neild1borhood or organization can be submitted within the same
calendar year: however. each individual project is eligible for only one grant. In addition. once a
grant is made to a neighborhood or organization. applications from that organization for
additional projects will only be considered after pending applications fÌ'om all other
neighborhoods and organizations are reviewed.
No more than $2.500 annually will be available to fund the purchase of supplies and equipment
for Neighborhood Emergency Teams (NETs). Teams must submit an application and include a
proposal for equipment maintenance and storage.
"'HO IS NOT ELICIBLE?
f1'/lards are not made to indiviffiuMs, single businesses, institutions, religious organizations,
govemmeÐt ageÐeies, or political groups.
ACTION STEPSAPPLICA TION PROCESS
1.
Choose a project through group discussion with either the entirerepresentatives fÌ'om your
neighborhood or homeowners association. or )'O\:lf' eorean ad hoc group of your
Ðeighbor~hood ~soeiationorganized to work on a specific project. .
2.
Choose a minigrant committee or NM¥grant coordinator. If yo\:! have ~ committee,
designate a eoordinator who will be the Volunteer and Neighborhood Assistance Program
Coordinator's contact person.
\--\-5
~.
3.
Vlhea yoe define a project, eCall or meet with the Volunteer and Neighborhood
Deyelopmeat 8pecialistProgram Coordinator to determine if the project is feasible. Keep
in mind that uYntil the project receives written approval. the City is aot responsible fur
ftef'-will it-not pay for any expenses inculTed by the applicant for the project.
1.
If givea the go ahead, arrange to meet with all City staff invobed to flaalize.
Determine the neighborhood match. (The match cGan be dollars, labor, and/or related in-
kind donations. Volunteer hours are rated at $1 O/hour.) Attach the Match Pledges form
or support letters with commitments to deliver the neighborhood match to the Miaigrant
NMF Application.
For example: A park beautification project requesting $2500 might be matched with $250
cash from neighborhood and local business donations, an in-kind gift of trees from a
nursery worth $250 and 200 hours of volunteer labor(40 volunteers at 5 hours each
which is equal to $2.000).
~6.
Complete a Minigrant NMF Application and turn it in to the Volunteer and
Neighborhood Development Program Coordinator8peeialist. The Volunteer and
Neighborhood Program Coordinator and representatives from any City departments that
will be affected by the project will review the application.
6.
Upoa approval of yom project by the City. you will reeei'leThe Volunteer and
Neighborhood Program Coordinator will notifvication you in writing as to whether or not
your application has been approved and with instructions on how to proceed with your
project.
Please Note
This application is for grant funds only. If your project requires a building permit or other
agency approval. it will be the responsibility of your organization's ~grant coordinator to
obtain other required permits and approvals. Approval of grant funds should not be construed as
approval to proceed with the project if any permits are required.
7. When the project is completed. submit documentation for reimbursement. Because grant
funds are public dollars. the City must meet certain audit requirements for funds that it
expends. The City Finance Department handles all grant accounts. Grant funds will be
sièdisbursed using City Purchase Orders. reimbursement directly to approved vendors. or
reimbursement directly to the neighborhood groupapplicant. Keep in mind that any
expended funds must be supported by documentation (receipts).
Any questions can be directed to the Volunteer and Neighborhood Program Coordinator at (253)
661-4023 or vnp@ci.federal-way.wa.us.
\-l-~
Revised 01103
Revised 10/98
H-l
Original Application
\-1,-<6
NEIGHBORHOOD MATCHING FUND MINIGRANT APPLICATION
Neighborhood Name
Neighborhood Minigrant Coordinator
Coordinator's Address and Phone #
Briefly describe your project:
Location of project
Total dollar request for project: $
Value of Neighborhood Match: $
What will this project accomplish? List specific objectives:
This project is (check as many as apply):
- Physical Improvement - Planning Project - Park Project - Signs
- One-time Event - Traffic Related -'- Neighborhood Identification
H-q
PROJECT WORK PLAN
Briefly describe your project sequence and activity:
What is your anticipated completion date?
ANTICIPATED BUDGET ITEMS REQUIRED
ITEMS ESTIMATED COSTS
TOTAL COST: $
Briefly describe how you will arrive at your match for this
project:
Submitted by:
Print Name
Signature
H-IO
Revised Application
\-\-q
~
CITY OF ..~~
Federal Way
NEIGHBORHOOD MATCHING FUND
MINIGRANT APPLICATION
Date:
Neighborhood name:
Neighborhood Minigrant Coordinator's name, address, and phone number:
Location of project:
Total dollar request for project: $
Briefly describe project:
Value of neighborhood match: $
What will this project accomplish? List specific objectives:
This project is (check as many as applJ1:
0 Physical Improvement 0 Planning Project 0 Park Project 0 Signs
0 One-time Event
OT rafflc Related
0 Neighborhood Identification
K:\vNP\NMF\APPLICA TION2
H --1 L
CITY OF ;,~
Federal Way
PROJECT WORK PLAN
Briefly describe your project sequence and activity:
Anticipated completion date:
ANTICIPATED BUDGET ITEMS REQUIRED (list each item a/the projed separatellJ:
Estimated Cost
Item Source (includinq tax)
Estimated Total Cost:
Exam Ie:
Item
10 gallons latex paint
Source
Home Depot
K:\VNP\NMF\APPLICA TION2
J-f --, :?:>
NEIGHBORHOOD MATCH (Note: amount must be equal to or greater than the requestéd NMF
amount and documentation must be provided as proof of expenditures.):
Match Item Estimated Value
Estimated Total Value:
E
xample:
Match Item Estimated Value
Volunteer labor (60 hours x i/O/hour) $600
Will your project require ongoing maintenance or repair (circle one)?
If yes, how will it be provided?
YES
NO
Submitted by:
Print Name
Signature
K:\VNP\NMF\APPLICA TION2
ti-}~
r
)
lP
,..
~~
CITY OF ~ . ~
Federa I Way
MATCH PLEDGES
The individuals, businesses, and organizations listed below have made a commitment to donate the following items to
for its Neighborhood Matching Fund project (add additional sheets if necessary).
(neighborhood name)
Type of work/goods to be provided Name of Address and Authorized
(include # of hours/value of goods) person/ organization phone number Signature
K:\vNP\NMF\APPLICA TION2
Attachment 2
Projects Funded
\-\-J~
1997 Projects
Amount
1. $2,500
2. $600
3. $600
4. $600
Total: $4300
1998 Projects
1. $1,000
2. $900
3. $2,500
4. $2,500
5. $2,500
6. $1,100
7. $2,500
8. $900
9. $2,500
10. $1,000
Total: $17,400
1999 Projects
1. $2,500
2. $2,500
3. $2,500
4. $2,500
5. $2,500
6. $1,200
7. $1,700
8. $175
Total: $15,575
Organization
Soroptimists
Parks Commission
Olympic View Family Center
Brigadoon NET
Marine Hills HOA
Stonebrook HOA
Stafford Green HOA
Westway HOA
Meadow Park HOA
Brigadoon NET
Lakota Neighbors
Westbury HOA
Barclay Place HOA
BSA Troop 334 &
Lake Grove Park Neighbors
Historical Society
Advancing Leadership
Little League groups
Federal Way Amateur Radio Club
Grouse Pointe HOA
Mar Cheri HOA
BSA Troop 342
Westbury HOA
Project
Flags at Aquatic Center
Wildflower planting at BP A trail
330th Street median beautification
Wedgewood Park picnic tables
Dash Pt. Rd. beautification and clean up
Street light at school bus stop
Right-of-Way beautification
Beautification and park improvements
Streetttees and beautification
Wedgewood Park improvements
Beautification/clean up
Stteet light
Right-of-way beautification
Låke Grove Park improvements
Roof at Fisher's Pond
City entry signs
Ballfield improvements
Repeater antenna
Retention Pond beautification
Right of way beautification
Lake Kilarney Park improvements
Right of way beautification
H-Il
2000 Projects
1. $1,100
2. $845
3. $2,500
5. $2,500
6. $1,800
7. $500
Total: $9,245
2001 Projects
1. $450
2. $1,564
3. $2,500
Total: $4,514
2002 Projects
1. $2,500
2. $218
3. $2,500
4. $2,360
5. $2,500
Total: $10,078
Campus Woods III
Parklane Estates I HOA
Historical Society
Boy Scouts
Heritage Court
BSA Troop 332
BSA Troop 329
Olympic View NET
Federal Way Amateur Radio Club
Federal Way Amateur Radio Club
Forest Village
Campus Woods
Evergreen Senior Club
Advancing Leadership
Hr-t<t
Park Improvements
Right-Of- Way Improvements
Fisher House Improvements
Panther Lake Trail Foot Bridge
Street Light
BP A Trail Improvements
Development ofBPA Trailhead
Disaster Preparedness Equipment
Emergency Communications Equipment
Radio Repeater Upgrade
Planting Strip Beautification
Neighborhood Sign
Community Special Events
Shelter for Food Bank Patrons'
5.1
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
-
February 3, 2003 - ~
Kelli O'D°:Hnell' BG Coordinato&,..r J
David Mo Manager
Amendment t t e 2 02 CDBG CARES Agreements
Background:
As part of the 2002 Community Development Block Grant (CDBG) Program, the City of Federal
Way allocated $50,239 to the Federal Way Norman Center YMCA for the CARES Child Care
Subsidy Program. The City of Federal Way entered signed agreements with King County
Housing and Community Development for the use of the 2002 CDBG funds and with the Federal
Way Norman Center YMCA as a Subrecipient of 2002 CDBG funds. Both agreements included
a Project Scope that set out the details of the project including the performance measures for the
CARES program. (Attachment A and B)
In November it was determined that the performance measures for 2002 were not realistic
following meetings with the YMCA and review of the previous four years of the program. The
YMCA had changed their focus from serving families in emergency care, which are now referred
to DSHS first, to stabilizing the family and keeping the child in the same school. An amendment
to the 2002 CARES Program performance measures was requested to reduce the number of
unduplicated clients for 2002 from 56 to 30. Additionally, it was requested that the Units of
Service tracked be changed from the number of days the childcare is open to the combined
number of day~ care is provided to each child in the CARES program during the reporting
period. The revised Units of Service would provide more meaningful data on the services
received by CARES clients.
King County has authorized the amendments to the CARES Program and forwarded the
amendment to Federal Way's King County Department of Community and Human Services
Housing and Community Development Contract - 2002. (Attachment A). An amendment to
Federal Way's Agreement with the Federal Way Norman Center YMCA is necessary to
implement this change with our Subrecipient. (Attachment B). The proposed amendments are
required for King County to reimburse the City of Federal Way for the fourth quarter expenses of
the CARES Program. If you have any questions or comments, please contact me at
253.661.4153 or bye-mail at kelli.odonnell@¿ciJederal-waV.wa.us.
Commission Recommendation
On January 13, 2003, the Human Services Commission passed a motion to recommend that
the City Council authorize the amendments to the 2002 CARES CDBG contracts to change the
scope of service to 30 unduplicated clients per year and modify the Units of Service to track the
number of days service is provided for the CARES program.
J:-I
Committee Recommendation
Motion to approve amendments to the 2002 CARES CDBG contracts with King County
Community Services Division and the Federal Way Norman Center YMCA to change the scope
of service to 30 unduplicated clients per year and modify the Units of Service to track the
number of days service is provided for the CARES program. To be forwarded to the City
Council for consideration at its February 18, 2003 meeting.
+--2-
CONTRACT AMENDMENT
Attachment p...
Page 1 of 1 Page(s)
PROJECT NAME Federal Way YMCA CARES Child Care Subsidy Program Support
AGENCY/CONTRACTOR City of Federal Way CONTRACT NO.
DATE ENTERED
AMENDMENT NO.
DATE ENTERED
0313410
1/1/2002
1
ADDRESS
P.O. Box 9718
Federal Way, WA. 98063-9718
12/18/02
AMENDMENT REQUESTED BY
AMENDMENT EFFECTS
L Scope of Service - Method of Payment
Time of Performance - ~eliance
Community Services Division
Housing and Community Development Program
- Compensation
Results of Services
Terms & Conditions
PURPOSE
To revise section 3) Performance Measures, sub-section B. Units of Service, to Project Scope No.4, Project No.
C02406, Federal Way YMCA CARES Child Care Subsidy Program Support, to City of Federal Way's King
County Department of Community and Human Services Housing and Community Development Contract -2002.
A. PROJECT SCOPE CHANGES
Project Scope No.4, Project No. C02406, Federal Way YMCA CARES Child Care Subsidy Program Support, is
hereby replaced with Project Scope No.4, Revision No.1, and is incorporated as attached.
IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the
date first written above.
for
Signature
Ron Sims, King County Executive
David H. Moseley
Name (Typed)
Date
City Manager
Title
Approved as to form per
Prosecuting Attorney Memo
Date
'T-3
PROJECT SCOPE OF SERVICES NO.4 - REVISION NO.1
Pro'ect No,: CQ2406 Start Date: 1/1/2002
Project Title: Federal Way YMCA CARES Child Care EndDate: 12/31/02
Subsid Pro am Su ort
Contract No.: D31341D
Pro'ect Mana er: Joshua Goldfin er
City Contact Person: Kelli O'Donnell
Tele hone: (253) 661-4153 Email: kelli.odonnell ci.federal-way,wa.us
Termination Date: 12/31/02
City of Federal Way (hereinafter referred to as "the Agency") shall utilize King County
. Col1l11lynityDevelopment Block Grant funds to perform the activities specified below. Such
services shall be provided in a manner which~fully complies with all applicable federal, state and
local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
1) Project Summary
The Agency shall use CDBG funds to provide 2000 service days for childcare for 30 low- and
moderate-income residents within the service area of the Federal Way Public Schools, through a
. subcontract with the Federal Way Norman Center YMCA. CDBG funds will support the
CARES Childcare Subsidy Program, which provides financial relief for low- and moderate-
income families in need of affordable before- and after-school childcare.
2) Project Budget
The Agency shall apply the following County funds to the project in accordance with the Line
Item Budget Summary below: .
A. County Funds -
King County Community Development $50~239.00
Block Grant - Pass-through City Funds
Total County Funds: . $50,239.00
B. Line Item Bud2et
Personnel Services (detail below) $
Office or Operating Supplies $ .
Consultant or Purchased Services $50,239.00
Construction Contracts $
Communications $
Travel and Training $
Other (specify below): $
Total County Funds: $50,239.00
Project Scope of Services No, 4 - Revision No, 1- Page 1
I-Y
.'
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following tmduplicated number of persons with
CDBG funds:
1st 2Dd 3rd 41b
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY - ocr. - Year 2002
MARCH" JUNE SEPT. DEe.
No. of un duplicated persons assisted 9 7 7 7 30
--
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
IS1 2ud 3rd 41h
Quarter Quarter Quarter Quarter Total in
JAN.- APRlL- JULY - ocr.- Year 2002
MARCH JUNE SEPT. DEC.
Service Days Child Care is Provided 500 500 500 500 2,000
C. Definition of Services
Service Days Child Care is Provided: The total amount of all days of child care calculated by
adding together the number of days of care provided to each child during the reporting period.
4) Records
A. Project Files
".,
The Agency shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy ofthis Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills foT-payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are
allowable in accordance with OMB Circular A-87 (or local governments and A-122 for
nonprofit organizations. Such records include, but are not limited to:
Project Scope of Services No.4 - Revision No. 1- Page 2
7-5
for personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time charged
against this project if less than full time;
.
for staff travel, documentation of mileage charges for private auto use must include: a)
odometer reading at beginning and end of trip, b) destination and starting location, and c)
purpose of trip; and
.
.
for copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation ofthesolicitatiofi process used to select vendors and subcontractors with
originälpurcl1ase orders anâsûbcóÍ1tracts. " . :,~~..; .e. .
10. Documentation required by this Contract if any funds provided under this Scope are used
to acquire equipment. .
11. The Agency shall ensure that services provided with funding under this' Contract ate made
available to residents of the following jurisdictions that are participating in the King County
CDBG Consortium:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enwnc1aw
Federal Way
Hunts Point
Issaquah
Kenmore
Kent
Kirkland
Lake Forest Park
Maple. Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
SeaTac
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville'
Yarrow Point
Unincorporated King County
Services provided with funding- un4er this Contract may be limited to residents of one or more
of theäbove-referenced jurisdictions.
12. Documentation o(client income.
The Agency. shall screen all clients served with funds provided under this Contr~ct and
maintain records documenting that each client served does not have a grOS$ annual family
income in excess of the limits specified in the below Income Guidelines for Moderate Income
Households (80% and below of median) with the applicable number of Persons Per.
Household. '
Project Scope of Services No.4 - Revision No. 1- Page 3 "J--{¡;
Adjusted gross income as defined by the Internal Revenue Service Fonn 1040 shall be used to
determine persons' or households' income. The following methods may be used to determine
income eligibility:
.
IRS income tax return;
Client income certification on a form approved by the County; or
Documentation of qualification for participation in a "means-tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
.
.
2002 INCOME GUIDELINES
Persons Per Household
L .. 2 3 - 4 5 6 7 8
Moderate Income $38;100 .. $43,500 . $4ð,~:>V $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of median) -.
Low Income $27,250 $31,150 $35,050 $38,950. $42,050 $45,200 $48,300 $51,400
(below 50% of median)
Extremely Low Income $16,350 $18,700 '$21,050 $23,350 $25,250 $27,100 $29,QOO $30,850
(below 30% of median)
Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated
Income Guidelines which will be provided by the County.
5) Invoices
The Agency shall submit invoices to the County within 20 business days after the end ofthe first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part I, Section 3C. The Agency shall submit invoices to the County in the form of a CDBG
Program Voucher Reimbursement Request Form which will be provided by the County.
Such forms shall be signed by an authoriz-ed representative of the Agency.
6) Reports
The Agency shall collect and report client information to the County quarterly and annually on a
Program Accomplishment form, in a format provided by the County. .
The Agency shall submit with the final invoice a Project Funding Report form, in a format
provided by the County, itemizing all funding used for the project.
Project Scope of Services No.4 - Revision No. 1- Page 4
J:-i
7) Subcontracted Services
The Agency shall execute written agreements with each agency with which it subcontracts to
provide services (hereinafter "Implementing Agency") and shall incorporate into such
subcontracts all applicable provisions of this Contract.
The Agency shall invoice the County for due and payable invoices of the Implementing Agency
()r for costs paid by the Agency for goods, materials or services already provided. The Agency
shall invoice the County after the Implementing Agency has invoiced the Agency. The Agency
shall include a copy of the Implementing Agency's invoice with the invoice submitted to the
County. The Agency shall ensure that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with OMB Circular A-122 for an Implementing
Agency that is a nonprofit corporation or OMB Circular A-87 for an Implementing Agency that
is a municipal corporation or an agency ofthe State of Washington.
Ifthe Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure.that the nonprofit agencyis audited in compliance with OMB Circular A-B3
(Audits of States, Local Governments, and Nonprofit Organizations). The Agency shall review
audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and
ensure that any audit findings are resolved within six months of the date ofthe audit report.
Project Scope of Services No.4 - Revision No. 1- Page 5
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Attacrment 6
Exhibit A
~~
2002 CDBG PROJECT SCOPE OF SERVICES NO.4
Project No.: C02406 Start Date: 1/1/02 .
. Project Title: The Federal Way YMCA CARES Child Care End Date: 12/31/02
Subsidy Program Support
Contract No.: D31341D Termination Date:
Project Manager: Kelli O'Donnell 12/31/02
City Contact Person: Kelli O'Donnell Telephone: (253)661-4153 Fax: (253)661-4048
E-mail: kelli.odonnell@ci.federal-waY.wa.us
Contractor Contact Person: Theresa Young Telephone: (253) 838-4708
E-mail: Tyoung@fw.seattleymca.org Fax: (253) 838-9490
Federal Way Norman Center, YMCA (hereinafter referred to as lithe Contractor")
shall utilize City of Federal Way Community Development Block Grant funds to perform
the activities specified below. Such services shall be provided in a manner which fully
complies with all applicable federal, state and local laws, statutes, rules and regulations,
as are now in effect or may be hereafter amended.
1) Project Summary
The Contractor shall use CDBG funds to provide 248 childcare days for 56 low- and
moderate-income residents within the service are of the Federal Way Public Schools.
CDBG funds will support the CARES Childcare Subsidy Program, which provides
financial relief for low- and moderate-income families in need of affordable before- and
after-school childcare.
2) Project Budget
The Contractor shall apply the following funds to the project in accordance with the Line
Item Budget Summary below:
.
A. City of Federal Way Funds
City of Federal Way Community $50,239.00
Development Block Grant - Pass-
through Funds
Total City of Federal Way Funds: $50,239.00
B. Line Item Budget
Personnel Services (detail below) $
Office or Operating Supplies $
Consultant or Purchased Services $50,239.00
Construction Contracts $
CDBG Project Scope of Services No.4 - Page 1 of 5
%1
Exhibit A
Communications $
Travel and Training $
Other (specify below): $
Total City of Federal Way Funds: $50,239.00
3) Pedormance Measures
A. Number Served
The Contractor agrees to serve, at minimum, the following unduplicated number of
persons with CDBG funds:
1st 2nd 3"' 4th
Quarter Quarter Quarter Quarter Total in
JAN.. - APRIL - JULY - OCT.- Year 2002
MARCH JUNE SEPT. DEC.
No. of unduplicated 449 447 447 447 W30
persons assisted
B. Units of Service
The Contractor agrees to provide, at minimum, the following units of service by quarter:
1st 2nd 3"' 4th
Quarter Quarter Quarter Quarter Total in
JAN.-. APRIL - JULY - OCT.- Year 2002
MARCH JUNE SEPT. DEC.
Child Care Days 62, 500 62, 500 ê,é 500 62, 500 ~
2,000
C. Definition of Services
Child care days: The number of d3Ys C3re is provided out of tho total number of days
care is a'lail3blû during the reporting period. The total amount of all days of child care
calculated by addinq toqether the number of days of care provided to each child durinq
the reporting period.
4) Records
A. Project Files
The Contractor shall maintain files for this project containing the following items:
1.
2.
Notice of Grant Award.
Motions, resolutions, or minutes documenting Board or Council actions.
CDBG Project Scope of Services No.4 - Page 2 of 5 J--lo
3.
4.
5.
6.
7.
8.
9.
Exhibit A
A copy of this Scope and the City's notice to proceed on this project.
Correspondence regarding budget revision requests.
Copies of all invoices and reports submitted to the City for this project.
Bills for payment.
Copies of approved invoices and warrants.
Records documenting that costs reimbursed with funding provided under
this Scope are allowable in accordance with OMB Circular A-87 for local
governments and A-122 for nonprofit organizations. Such records include,
but are not limited to:
. for personnel costs, payroll time sheets for actual salary and fringe
benefit costs. Time sheets must be signed by a supervisor and
annotated to document percent of time charged against this project if
less than full time.
. for staff travel, documentation of mileage charges for private auto use
must include: a) odometer reading at beginning and end of trip, b)
destination and starting location, and c) purpose of trip; and
. for copy machine use, postage, telephone use, and office supplies
when these costs are shared with other programs and no invoice is
available, log sheets or annotated invoices.
10.
Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts.
Documentation required by this Contract if any funds provided under this
Scope àre used to acquire equipment.
The Contractor shall ensure that services provided with funding under this
Contract are made available to Federal Way residents, a participating
jurisdiction in the King County CDBG Consortium.
Documentation of client income. The Contractor shall screen all clients
served with funds provided under this Contract to ensure that at least 51%
of the total number of clients served do not have a gross annual family
income in excess of the limits specified in the below Income Guidelines for
Moderate Income Households (80% and below of median) with the
applicable number of Persons Per Household.
11.
12.
Adjusted gross income as defined by the Internal Revenue Service Form 1040
shall be used to determine persons' or households' income. The following
methods may be used to determine income eligibility:
a) IRS income tax return;
b) Client income certification on a form approved by the County; or
c) Documentation of qualification for participation in a "means-tested"
federal or state program at least as restrictive as CDBG with regard
to Income Guidelines. .
CDBG Project Scope of Services No.4 - Page 3 of 5
:I-I
Exhibit A
Official HUD Income Guidelines for 2002 (effective February 1,2002)
(Income amounts have been rounded to the nearest 50)
# Persons Per Household
2
3
4
5
6
7
8
King County Median Family Income: $77;900
Low Income (Below 50% of median)
$38,100
$27,250
$43,500 $48,950
$31,150 $35,050
$52,500 $58,750 $63,100 $67,450 $71,800
$38,950 $42,050 $45,200 $48,300 $51,400
Moderate Income (below 80% of median).
Extremely Low Income (below 30% of median)
$16,350
$18,700 $21,050
$23,350 $25,250 $27,100 $29,000 $30,850
. Moderate income capped at national average
Income guidelines may be adjusted periodically by HUD. The Contractor
agrees to use updated Income Guidelines which will be provided by HCD.
B. Record Retention Period
All records required by this Scope shall be retained by the Contractorfor the period
. of time specified in the Agreement in Section 17. The period of time shall commence
on January 1 of the year following the year in which the final invoice was paid.
5) Reports, Invoicing and Reporting Schedule
A. Reports
The Contractor shall collect and report client information to the City quarterly and
annually on a Program Accomplishment form to be provided by the City.
The Contractor shall submit with the final invoice an Annual Project Funding Report
form itemizing all funding used for the project and indicating the location where the
records required by this Scope shall be retained for the required period.
B. Invoicing and Reporting Schedule
The Contractor shall submit invoices and reports to the City in accordance with the
following schedule:
Invoices and Program Accomplishment forms shall be submitted no less frequently than
quarterly and are due on the following dates:
1st Quarter: April 15, 2002 or within 10 days of notice to proceed, whichever is later.
2nd Quarter: July 15, 2002
3rd Quarter: October 15, 2002
4th Quarter: Final Invoice due January 5,2003; Program accomplishment forms and
supporting documentation due January 15, 2003.
CDBG Project Scope of Services No.4 - Page 4 of 5
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Exhibit A
The Annual Project Funding Report form shall be submitted annually with the final
invoice.
The Contractor shall submit invoices to the City in the form of a CDBG Program
Voucher Reimbursement Request form. Such forms shall be signed by an authorized
representative of the Contractor. Invoices shall include copies of supporting
documents. .
Invoices shall include a copy of the Program Accomplishment form for the billing period.
Estimated Quarterly Payments: Expenses must be incurred prior to submission of quarterly reimbursement requests.
Proof of expenditures must be attached to the reimbursement request for invoice to be
$12,560 approved.
$12,560
$12,560
$12,559
1st Qtr
2ndrQtr
3rd Qtr
4th Qtr
CDBG Project Scope of Services No.4 - Page 5 of 5
7--1 ~
5.J
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
February 3, 2003 ~
Kelli O'Donnell, G Coordinato~
David Mo e anager
Authorization Enter into Contracts with King County and Recipients of
Federal Way 2003 ~DBG Public Service Funds
Background
The City of Federal Way participates in the King County Consortium for distribution of.
Community Development Block Grant (CDBG) funds. The attached interlocal cooperation
agreement (ICA) is for the 2003 CDBG funds (Attachement 1) to the City of Federal Way for the
public service projects previously approved by the City Council. Additionally, the contract
includes the 2002 capital project with the city of Federal Way Public Works Department for the
23rd Avenue S at 314th Street street improvements.
On September 17. 2002, the City Council approved the 2003 Community Development Block
Grant (CDBG) Proposed Use of Funds and Contingency Plan (Attachment 2 & 3). As of today,
Congress has not finalized the 2003 CDBG entitlement. King County has decided to proceed
with the 2003 public service programs due to the Continuing ResolLitions passed by Congress
that have authorized the funding of the CDBG program at the 2002 levels. Language has been
included in the contract should the 2003 CDBG funding be reduced. In the event, that
increased funding is available, amendments to the King County and affected Subrecipient
agreements will be brought back for Council "action. .
The ICA with the County sets out the responsibilities of the City of Federal Way in monitoring
these contracts. The City of Federal Way then contracts with the agencies awarded funds.
using the ICA as a boilerplate for the subcontracts. The City of Federal Way monitors the
public service programs awarded CDBG funds and requests reimbursement from the King
County Consortium on a quarterly basis. The City Attorney's Office is reviewing the ICA and
any recommended amendments will be reported to the Council Committee.
Staff is expediting this contract due to the inclusion of the 2002 Public Works capital project. All
capital projects awarded CDBG funds are subject to the National Environmental Policy Act
(NEPA) in addition to any local requirements under the State Environmental Policy Act (SEPA).
Federal Way CDBG projects are subject to NEPA environmental review by King County.
Federal Way was informed on October 10, 2002, that the project had received environmental
approval from King County. Federal Way staff met with King County staff on October 21, 2002
and reviewed the information required for the Project Scope of Services and reviewed the
timeline for the project. Information was returned to King County with the intent that the
contract would be received in time to take forward to the Council in December. The contract
was received from King County on January 13, 2003.
Staff Recommendation
Staff requests authorization for the City Manager to execute the King County Housing and
Community Development Contract - 2003. Authorization is also requested for the City
Manager to enter into subcontracts that include the required sections of the ICA and the
"3-l
applicable Project Scope of Services with Community Health Centers of King County for the
Dental Access Program; City of Federal Way Domestic Violence Unit for the Domestic Violence
Victim Advocate; Federal Way Norman Center, YMCA for the CARES Child Care Subsidy
Program; Emergency Feeding Program for the Federal Way Emergency Feeding Program;
Federal Way Senior Center for Adult Day Care Program; and the Institute for Family
Development for the PACT - Parents and Children Together program.
Committee Recommendation
Motion to authorize the City Manager to execute the interlocal cooperation agreement for the
King County Housing and Community Development Contract - 2003 and enter into required
subcontracts for Federal Way's 2003 CDBG Public Service Programs and forward to the City
Council for consideration at its February 18, 2003 meeting.
3-2
Attachment 1
. Contractor's Federal Taxpayer ill No.: 911462550
Department/Division:
Department of Communi tv and Human Services/Community Service Division
Agency:
City of Federal Way
King: County Housing: and Community Development Contract - 2003
.,
-THIS-.COþffRACf is entered into bXKThiG COUNfY, a politicalsubdiYision of the State of
Washington, and, City of Federal Wáy,(ãfuunicipal corporation), (her:eìn¡I(ter referred to as the
¡'Agency"), whose address is 33530 First Way South, Federal Way, W J\. - 98063.
RECITALS
A. The County is an Urban County recipient of Community Development Block Grant Program
(CD13G) funds under the Housing ~nd Community Develópment Ac! of 1974 Public Law 93-
- 383 as amended (the "HCD Act"), HOME Investment PartnershiþPrögram (HOME) funds,
under the National AffordableHousing Actof 1990 PublicLaw 101-625 as amended (the
"NAHA"), and Emergency Shelter Grants Program (ESG) funds, Ùnôer the NAHA.The
County allocates Housing Opportunity Funds (HOF) to low-income housing development
capital projects and Current Expense ("CX") funds to housing and community development
projects in accordance with adopted County ordinances. The County will use CDBG;
HOME, HOF and/or CX funds for the purpose of carrying out eligible community
development and housing activities under the HCD Act, the NAHA, regulations promulgated
by the U.S. Department of Housing and Urban Development (HUD) at 24 CFR Part 570, 24
CFR Part 92,24 CFR Part 576 and adopted County ordinances;
B. An Urban County CDBG Consortium has been established by CDBG interlocal cooperation
- agreements ("ICAs") bet\yeen the County and certain municipal corporations (Consortium
Cities) within the County. The tenus of the CDBG ICAs specify allocation ofCDBG funds
by the County to those participating jurisdictions for use in accordance with the County
Consolidated Housing and Community Development Plan (flHCD Plan"). The HCD Plan has
been adopted by the King County Council, accepted by participating jurisdictions an9
approved by HOD; --
C. A HOME Consortium has been established by HOME ICAs between the County and certain
HOME Consortium Cities, the tenus of which specify allocation of HOME funds and ESG
funds by the County for use in accordance with the HCD Plan which has been adopted by the
King County Council, accepted by participating jurisdictions and approved by HOD;
D. The County desires to award certain funds to the Agency for use as described in this Contract
and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, the NAHA, HOD regulations, State laws and/or adopted
County ordinances;
E. It is appropriate and mutually desirable that the Agency be designated by the County to
undertake the aforementioned eligible activities, so long as the requirements of the HCD Act,
3-3
NAHA, BUD Regulations, State law and County ordinances are adhered to, as provided for
herein;
F. The purpose of this Contract is to provide for cooperation between the County and the
Agency, as the parties in this Contract, in implementing such eligible activities under the laws
and regulations that pertain to the funds awarded in this Contract;
G. The parties are authorized and empowered to enter into this Contract by County ordinance,
the HCD Act, the NAHA, RCW Chapter 39.34, RCW Chapter 35.21.730 et seq., by the
Constitution and the enabling laws ofthe State of Washington;
.'
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-. . .
NOW, THEREFQßE, for and in considerati6n OfpayrI!çñts, covenants, and-agreem(:nts
hereinafter mentiöne~:.to be made and performedby-the parties hereto, the'partiescmútually
covenant and agn:ë'ä.s-provided for in this Contract.'--.. .
'-".
AGENCY
KING COUNTY
-...'
for
Signature -
Ron Sims
King County Executive
David H. Moseley
Name (Typed)
Date
City Manager
Title
Approved as to fonn per
Prosecuting Attorney Memo
Date
INDEX TO CONTRACT
PART 1 - GENERAL CONDITIONS
1. Scope of Contract
2. Duration of Contract
3. Compensation and Method of Payment
4. Budget
5. Internal Control and Accounting System
6. Maintenance of Records
7. Audits
8. Evaluations and Inspections
9. Corrective Action
10. Assignment
11. Termination
12. Future Support
13. Hold Harmless and Indemnification
14. Insurance Requirements
3-4
15. Nondiscrimination and Equal Employment Opportunity
16. Nondiscrimination in Subcontracting Practices
17. Section 504 and Americans with Disabilities Act
18. Subcontracts and Purchases
19. Conflict of Interest
20. Political Activity Prohibited
21. Equipment Purchase, Maintenance, and Ownership
22. Notices
23. Proprietary Rights
24. Contra~tAmendments
2_5.. King County Recycled P,rodu:ctProcurement Policy
26. ß!1Jire Contract/Waiver- òf~Default
,- 2']"J\]:iscêllaneous Provisíoñ$~' -- ,,' --
""~~~ :Supplanting , '" ' '- '
,"J."9.>. Costs & Attorneys Fees' .:, ,:'\-~--~
30.D'rug-FreeWo¡'kplac~ Certification and Other FederàlRequirements
.3~.~(";Òi1stitutionaIProhibition ' "
. .
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.',
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PART'Z - ADDITIONAL REQlJI~MENTS FOR CAPITAL PRpJECTS
, ,- -' ,- -., " -- -- ., '--,," '
1., Term of Compliance - , "'"
,2" ,Promissory Note, Deed òf Trust and Covenant
3: Property Management'
4. Taxes and Licenses
5. Procedure in the Event of Casualty/Condemnation
6. Anti-Displacement and Relocation Assistance
7. Affirmative Marketing
8. Environmental Review
9. Accessibility
10. Labor Standards
11. Employment Opportunities on Assisted Construction Projects
12. No Benefit to Owners and Developers of Assisted Housing
PART 3 - PROJECT SCOPE(S)
Project
Scope of Project Title Contract Amount Fund
Services No. Source
No.
I Federal Way COBG Program Administration 0321900 $64,771.00 CDBG
2 Federal Way, Domestic Violence Victims Advocate 0321910 $20,000.00 COBG
3 Federal Way CHCKC Dental Support 0321920 $11,000.00 COBG
4 Federal Way YMCA CARES Child Care Subsidy 0321930 $39,140.00 COBG
5 Federal Way Emergency Feeding Program 0314610 $5,000.00 COBG
6 Federal Way Senior Center, Adult Day Care 031462D $12,500.00 CDBG
7 Federal Way PACT 0314630 $8,000.00 CDBG
8 Federal Way 23ra Avenue S. Street Improvement 031335D $195,000.00 COBG
'3-5
PART 1 - GENERAL CONDmONS
1.
SCOPE OF CONTRACT
A. Scope. The Contract between the parties shall consist of the signature page, each Part, each Scope of
Services (Scope) incorporated into the Contract, all matters and laws incorporated by reference
herein, and any written amendments made in accordance with the provisions contained herein. This
Contract supersedes any and all former agreements regarding projects described in the attached
project Scope(s). In the event that there is a difference between any of the language contained in the
Contract and any of the lap.guage contained in an¥p.t:ojec~ Spope to this Contract, the .language in the'
. Contract shall have co_~tr~[over the languagecontaiñedJrÜhe project Scope, unless thep~és
. --affirmatively agree inw_riting.to the contrary. '-,-
. .
'-
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. c""- - .0 ". -. '.-..,
This Contract shall'gove~Þ:~th (I) Service Projects,(hu_nlli~~seivice, planning, progrilill.:<' ~
"...' administration and mlcr6;.ènt~rprise) and (2) CapitaIPfojèc.~( acquisition, improvement; àrj4.~.
'. . .~.~~ehabilitation of real propeJtY" and construction orreconstruç!ion of public infrastructure)." T¥ two
':';~~;~,it)'peS of activities may.beiriCluded in one Contractasseparâtt}-project Scope(s) of Setvj~s (thê:i;'~:
"~"lSCOpe or Scopes"). :~-. . . . ",,",",
. Á. -Mandatory Certifications. The Agency certifies that itsh~lLcórnply with the provisions o(¡>~i; .
Sections 15, 17, 19 an~ 20 ofthis Contract. If the Agency is a municipal corporation or agency of the
State of Washington, KiÌ1gCounty Code chapters 12.16, -12:"17~ 12.18 and 12.20 do not apply:
B. Contact Person. King County and the Agency shall each designate a contact person for each project
Scope incorporated in this Contract. All correspondence, reports, and invoices shall be directed to the
designated contact person. This provision does not, however, supplant or override Section 22,
Notices.
C. Federal Funds. The term "federal funds" as used herein means CDBG funds, HOME funds andlor
ESG funds. The specific types of funds provided under this Contract is specified in Part 3, attached
project Scope(s).
2.
DURATION OF CONTRACT
. .
The tenDS of this Contract shall be in effect from the Start Date (as defined in the Scope(s», or the date of
execution of this Contract, whichever is .earlier, until the Termination Date specified in each Scope, unless
extended to a later date or terminated earlier, pursuant to the!enns and conditions of the Contract.
3.
COMPENSATION AND MEmOD OF PAYMENT
The County shall reimburse the agency only for the approved activities specified in each Scope and the
reimbursement amount shall not exceed the amount specified in each Scope. Reimbursements will be
payable in the following manner:
A. Start Date and End Date. Start Dates and End Dates for individual projects shall be specified in each
Scope. Costs incurred before the Start Date will not be reimbursed, except as provided in each Scope.
Costs incurred after the End Date will not be reimbursed.
B. Submission of Invoices. Supporting Documentation and Reports. The Agency shall submit an
invoice, supporting documentation for costs claimed in the invoice and aU reports as specified in each
Scope or the County may not process the invoice. Supporting documentation for costs claimed in the
Hcd Boilerplate Page -- 4
3-lo
invoice includes, but is not limited to: purchase orders and bills. The County will pay the agency
within forty-five (45) days following the County's approval of a complete and correct invoice,
supporting documentation and reports.
C. Final Invoice for Service Projects. The Agency shall submit its final invoice for each Scope providing
funding for Service Projects within seven (7) business days after the End Date. The Agency shall
submit all outstanding reports for each Scope providing funding for Service Projects within thirty (30)
business days after the End Date.
- If the Agency's final invoices, supporting documentation, and reports are not submitted by the last
date specified in this subsection, the County will be relieved of all liability for payment to the Agenéy -~.
,of the amounts set forth in s~idinvöicè' or any subsequentinvoiçé. , Ptoyided, however, that ihe7 ,;" -:-,::
. Coutl~jEinay elect to -pay any invoicè:~~t:iSt1Ot submitted in a timeIY)I1~miet. , ~ "",;':3~?p:-
',~
. ' ,
, ' '-
i{ -Fi~ál~Yoice for Capital Proi~ts~ U~~§_provided otherwise. i~ thècPtÓj~t Scope(s) the Agency
- sliallsübIÏùt its final invoice! suppòrtll.fðócumentation, and all outsiândii'tg reports for each Scope ,
proVidj¡igfunding for Capital Projects~:~~ the End Date specifiedi~:~~~Scope(s). '
, If the Agency's final invoice, supporting documentation, and repOrtsm:~ not submitted by the day
specifie<fíñ'this subsection, the Coúntywlíîbe relieved Qf allliabilityJÒr payment to the Agency of
the am()unts set forth in said invoice or any subsequent mvoice; providcil, however, that the Coùnty
niãyelect to pay any invoice that is hot submittèd in a timely-mamier, -: "
.,.-,' ",
E. Return of Unspent County Funds. On or before the End Date specified in each Scope, for individual
projects covered by this Contract, the Agency shall transfer to the County any unexpended and
unencumbered funds provided under this contract that are on hand and any accounts receivable
attributable to the use of County funds.
Projects using federal funds shall also comply with subsections F, G, H and I:
F. Municipal Corporations or State Public Agencies. If the Agency is a municipal corporation or an
, agency of the State of Washington, costs for which the Agency requests reimbursement shall comply
with the policies, guidelines, and requirements of OMB Circular No. A-87, "Cost Principles For
State, Local and Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative
Requirements for Grants and Cooperative Agreements to State, LocaLand Federally Recognized
Indian Tribal Governments" identified at 24 CFR Part 570.502(a) Applicability of Uniform
Administrative Requirements, unless otherwise provided in the Scope(s). '
G. Nonprofit Corporations. If the Agency is a nonprofit corporation, costs for which the Agency
requests reimbursement shall comply with, unless otherwise provided in the Scope(s), the poliCies,
guidelines and requirements of OMB Circular No. A-122, "Cost Principles for Non-Profit
Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations, identified at 24 CFR 570.502 (b), Appiicability of Uniform Administrative
Requirements.
H. Excess Federal Funds. CDBG and/or HOME funds on hand shall not exceed $5,000 if retained
beyond three (3) days unless written approval is received from the County. Any reimbursement in
excess of the amount required shall be promptly returned to the County.
'3-,
Hcd Boilerplate Page - 5
I.
Program Income. The Agency shall report all CDBG and HOME Program Income, as defined in 24
CPR Part 570.504(c), 24 CPR Part 92.503 and in the HCD Plan, generated under this Contract for the
purposes specified herein or generated through the project(s) funded under this Contract. Program
Income is to be returned to the County unless the County specifies that it may be retained by the
Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a
project(s), the Agency will comply with all provisions of this Contract in expending the funds. This
duty to repay the County shall not be diminished or extinguished by the prior tennination of the
Contract pursuant to the Duration of Contract or the Tennination Section.
4.
BUDGET' ,"
,
'-
, ., ' ,
The Agëncy shaJ.hpplxth~.funds received from die Cou!1tyunder this CQntraet in'iiééordapce with the
,...,-"..,,- ,'.""
line item budgèt s~tf9rth:ineach project Scope:'TIi~:~g,étiêy shall request in writingpñQ!approval from
the Countytor~yise tfieJine,item budgetwhenthe;çlÙjiur~tive amount of transfersJròm~ line item in any
. project Scopeís àp~j~ to exceed ten percent (lO%}.ø{"that line item. Suppòrt!ng:(lØCut1:}ents are
necessary to fully expi~iñ the nature and purposeðftherevisíon, and must accoinpãnfèå~1irequest for
prior approvaL All budge(1:evision requests in excess,oflQ% of a line item amountshä.1M)~~viewed and
approved or denied by the-:County in writing. .: c", . ,':;¿;,;.t:'
':""',.
"
c.
5.
. . ,".: '.. ' , .
INTERNAL CÓNTROL AND AèCOuNnNdSYSTEM
.>-."..'
" ,
The Agency shall establish and maintain a system of accounting and mternal controls which complies
with applicable, generally accepted accounting principles, and governmental accounting and financial
reporting standards. (,
6.
MAThITENANCEOFRECORDS
A. Scope of Records. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Contract fullds and compliance with this Contract,
including all records specified in each Scope. " (
B. Time for Retention of Records. Records required to be maintained in subsection A above shall be .
maintained for a period of six (6) years after the Tennination Date, unless a different period for
records retention is specified in the project Scope.
C. Location of RecordslNotice to County. The Agency shall inform the County in writing of the
location, if different from the Agency address listed on page one of this Contract, of the aforesaid
books, records, documents, and other evidence and shall notify the County in writing of any changes
in location within ten (10) working days of any such relocation.
Projects using federal funds shall also comply with subsections D, E, F, G, H, I, J, K and L:
D. Federal Exceptions to Retention Requirements. Exceptions to the six (6) year retention period are as
follows: (I) Records that are the subject of audit findings, litigation, or claims shall be retained until
such findings, litigation or claims have been resolved; and (2) The retention period for real property
and equipment records starts from the date of the disposition, replacement or transfer at the direction
of the County.
D. Financial Management Records. Financial records shall identify adequately the source and
application of funds for activities within this Contract, in accordance with the provisions of 24 CPR
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Part 85.20 and the U. S. Office of Management and Budget ("OMB") Circular A-87 for governmental
agencies, 24 CFR Part 84.21 and OMB Circular A-122 for Nonprofit Corporations. These records
shall contain information pertaining to grant awards and authorizations, obligations,1111obligated
balances, assets, liabilities, outlays, and income.
E. Tenant Notification and Relocation Records. If the Agency is acquiring property with existing
tenants, Agency recordkeeping for tenant notification and relocation must comply with the Unifonn
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The "Unifonn Relocation
Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
" and a separate reloc~tion record for each person, busin~s.s, organization, and farm operation displaced
or in the relocation workload, must be kept. ;':. '
.' F'$'-~Åcquisition' Records. If theA@ncyis using funds under this :C~ñtract for pròperty acquísiti,OlkÚlé
., -Agency must maintain a separate- acquisition file for each acqriìsítion processdoèumenting .' .-'
,~2,<>mpliance with UnifonnR.(~I~aJon Act regulations at 49 G~?art 24, including a notice ~r>-
<e-"~vòluntarysale. . -:c.-.~ ' . ,-- . ,
.' ,
, -
'Grif¡~~fièiary Records. TheÅgencý;a~rees to maintainracial.<i~i~:,èðisaPility status, singlé h~d:of ~,
l1~~sehold, household income, and gender data showing the exten! to which these categories of
persons have participated in, or benefited from, the activities êarriédout under this Contract if
required in a project Scope.
H. Labor Standards. If the Agency is using funds under this Contract for construction work, the Agency
shall maintain records documenting compliance by all construction contractors with the labor
standards as required under 24 CFR Part 570.603 for CDBG funds and 24 CFR Part 92.354 for
HOME funds.
J. Other Construction Records. The Agency and all of its contractors shall maintain records and
information necessary to document the level of utilization of state certified small, nùnority and
women owned businesses, and other businesses as subcontractors and suppliers under this Contract.
The Agency shall also maintain all written quotes, bids, estimates or proposals submitted by the
Contractor and any and all businesses seeking to participate in this Contract. The Agency shall make
such documents available to the County for inspection and copying upon request.
K. ,Employment Records. If the Agency is a municipal corporation or an agency of the State of
Washington, it agrees to maintain the following data for each of the Agency's operating units funded
in whole or in part with CDBG funds provided under this Contract:
1. employment data with such data maintained in the categories prescribed on the Equal
Employment Opportunity Comnùssion's EEO-4 fonD; and
2. documentation of any actions undertaken to assure equal employment opportunities to all persons
regardless of race, color, national origin, sex or handicap.
L. Records Regarding: Remedy of Past Discrimination. The Agency shall maintain documentation of the
affirmative action measures the Agency has taken to overcome prior discrimination if a court or HOD
has found that the Agency has previously discriminated against persons on the grounds of race, color,
national origin or sex in administering a program or activity funded in whole or in part with CDBG
funds pursuant to 24 CFR Part 121.
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7.
AUDITS
A. Nonprofit Corporations. If the Agency is a nonprofit-corporation and expends a total of $300,000 or
more in federnl finanèial assistance and has received federal [mancial assistance from the County
during its fiscal year, it shall have an independent audit conducted of its financial statement and
condition, which shall comply with the requirements of generally accepted auditing standards
"GAAS"; GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and
Functions; and OMB Circular A-133, as amended, and as applicable.
B. The Agency shall provide a copy of the audit report to each County division providing financial
assi$tânçeto the Agency nolater_thansiX-~6) months subsequent to the end-òfthe Agency's fiscal'
yéãr.The Agÿncy sha~l provide- to the Coùn~y their responseandéorrecti,'l~ action plan for all -.
findings-å!i{Freportable conditionscoJ:ltái~~:¡n their audit. Whenreferënç~J.,s, made in their audit to a
. '~~anagement Letter" or other _correspondenëeÍnade by the audit9r y t1Ïç' Agency shall provide copies
- of those communications and the Agency' ~response and corrective áttioítpJan.
C. MunicipalCorporations.If the Agency isa:!1}u,:!icipal corporation,-:itshall submit to the County a
copy of itsannûal report of examination/audit, conducted by the Washington State Auditor, within
thirty (30) days of receipt, whichsubmittalsbalJ constitute compliance witl1. ~art 1, Section 7.A,'
above. . . -
D. Catalog of Federal Domestic Assistance. -The Catalog of Federal Domestic Assistance (CFDA)
number for the CDBG Program is 14.218. The CFDA number for the HOME Program is 14.239. The
CFDA number for the ESG Program is 14.231.
E. Additional audit or review requirements which may be imposed on the County will be passed on to
the Agency and the Agency will be required to comply with any such requirements.
8.
EV ALVA TIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records. The Agency shall provide right of access to its
facilities, including those of any subcontractor to the County, the State, and/or federal agencies or
officials at all reasonable times in order to monitor and evaluate the activities funded under this
Contract. The County will give advance notice to the Agency in the case of fiscal audits to be
conducted by the County. .
B. Time for Inspection and Retention. The records and documents with respect to all matters covered by
this Contract shall be subject at all times to inspection, review, or audit by the County and/or
federal/state officials so authorized by law during the perfonnance of this -Contract and six (6) years
after the Tennination Date, unless a different period is specified in the Scope or a longer retention
period is required by law.
C. Agreement to Cooperate. The Agency agrees to cooperate with the County or its agent in the
evaluation of the Agency's perfonnance under this Contract and to make available all infonnation
reasonably required by any such evaluation process. The results and records of said evaluations shall
be maintained and disclosed in accordance with RCW Chapter 42.17.
:S--/O
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9.
CORRECTIVE ACTION
A. Default by Agency. If the County deteroùnes that a breach of Contract has occuned because the
Agency failed to comply with any material terms or conditions 9f this Contract or the Agency has
failed to provide in any manner the work or services agreed to in any Scope attached hereto, and if the
County deems said breach to warrant corrective action, the following sequential procedure will apply:
1. The County will notify the Agency in writing of the nature of the breach;
"'c"""'"
2. The Agency shall suboùt a plan describing the, specific steps being taken to correctJhe specified
deficienci~s (~e'~éorrectiye Action Plan"). The9Jrrëctive Actio~ Plan Shall be.su~initted to the
'éoûöty 'witnlil'tén ø 0) business days from Agén<:y'~ receipt of the County's notice :tÎrïder this
Section.TheC6jr~~~~Action Plan shall speCJtf~~pr()posed complétion datefÛ{%§ging the
Contract intocQinpl~~ëe, which completion ~te§J:jåll not be more than thiJtY,Œ9.)ßâýs from the
date the ColÌntÿ'~i,yes the Agency's CQrreCtiye~,tion Plan, unless th~COUt1tý~:r' ".. sole
discretion,spëC;ifiisih-writing an extension in thêl1~~r of days to compl~tethe\j.,,;,:,)ve
actions: .' "~;;i~', . .. ~~,;,~~~< ',>~~' h '"
. ',~..:?,;. . '~.
..
3. The County will BoJtfy_!Þ~ Agency in writing within~elJ{l,o) business day of receipf,o{~~<;J?lan
of the County" s -rlêiêtIìÜnation as to the sufficiencyorth~Plan. The determination"of:i~ffiaency
of the Plan shall be ~rthe sole discretion ofthe~~~nt~. .'
. .
,~-.
~~ -:..0
.-=-' .¡.:-~
B. Tennination of Contract. In the event that the Agency does not respond within the appropriate time
with a Corrective Action Plan, or the Agency's Corrective Action Plan is detennined by the County to
be insufficient, the County may commence tennination of this Contract in whole or in part pursuant to
Part 1, Section I1.B;
C. County Withholding of Payment. The County may withhold any payment owed the Agency or
prohibit the Agency from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
D. No Waiver of Other Remedies. Nothing herein shall be deemed to affect or waiveMyri,ghts the
parties may have pursuant to Part 1, Section 11 or other remedies authorized by law.
10.
ASSIGNMENT
The Agency shall not assign any portion of this Contract or transfer or assign any claim arising pursuant
to thisConttact without the prior written consent of the County. Additional terms for County consent to
such Assignment may be described in a project Scope or Scope(s). Said consent must be sought in
writing by the Agency not less than fifteen (15) business days prior to the date orany proposed
assignment. The Agency shall deliver to the County with its request for consent to such assignment, such
information regarding the proposed assignee, including the proposed assignee's oùssion, description of
the proposed assignee's legal status, and financial and management capabilities as is reasonably available
to the Agency. Within fifteen (15) days after such request for consent to such assignment, King County
may reasonably request additional available infonnation on the proposed assignee. If the County shall
give its consent to any assignment, this Section shall nevertheless continue in full force and effect. Any
assignment without prior County consent shall be void.
:s~\ \
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11.
TERMINATION
A. Termination for Convenience.
1. This Contract may be tenninated by the County without cause, in whole or in part, prior to the
Termination Date specified in the Scope of Services, by providing the Agency thirty (30) days
advance written notice of the termination.
2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in any
- -way prior to the Tennination Date set forth in the project S<::ope, the Courity may, upon written
- . -notification to the Agency, teImÍliate this Contract in whõle 9f -m part. .
. . . ..~": - , ,,'. ',' ,
3: Mthe Contract is terminatØ'a:~þrQYided above: (1) thè,COÛtÏty~wil.Iþe liable only for paymentin
accordance with the terrns,ofthi$ Contract for servi<;eStën<l~ted'prior to the,effective'dateQf
œrmination; and (2) thè Ag~~(h~~:~!t.all be released fromànY'()J2!!:g!!~on to provide such further,,'-;;> '
services pursuant to the Contråè£âs are affected by thè tenriinåtÌoii. " '
B.TeIimÍíation for Cause. '~ff~:':!::
C---T~; County may tenninate ti1Ì~éÖhfr¡~t, in whole or In part: ~po~'~ven (7) days advance writte~-
. notice to Agency pursuant to;}n.theevent: (1) the Agency materially breaches any duty,
obligation, or service required pursuant to this Contract and such breach has not been cured 6y a
Corrective Action Plan acceptable to County or (2) the duties, obligations, or services required
herein become impossible, illegal, or not feasible.
2. If the County terminates the Contract pursuant to this section, the Agency shall be liable for
damages, including any additional costs of procurement of similar services from another source.
3. If the tennination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency
shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Agency by the County.
4. If County expected or actual funding is withdrawn, reduced~ or limited in arty way prior to the
termination date'set forth' above in Part I Section 2, the County may, upon written notification to
the Agency, ternúnate this Contract in whole or in part.
5. If the Contract is terminated as provided in this Subse(;tion: (1) the County will be liable only for
payment in accordance with thetenns of this Contract for services rendered-prior to the effective
date of tennination; and (2) the Agency shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
6. Funding or obligation under this Contract beyond the current appropriation year is conditional
upon appropriation by the County Council of s~fficient funds to support the activities described in
the Contract. Should such appropriation not be approved, this Contract will tenninate at the close
of the current appropriation year.
c. Waiver. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract at law or in equity that either party may have in the event that the obligations, tenDS, and
conditions set forth in this Contract are breached by the other party.
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3-1 L
12.
FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this Contract.
13.
HOLD HARMLESS AND INDEMNIFICATION
A. Agency is an Independent Contractor. In providing services under this Contract, the Agency is an
independent Contractor, and neither it nor its officers, agents, or employees are employees of the
County for any-purpose. The AgenGY shall ~responsible for all federal mid!õrstate tax, industrial
insurance, and -Social Security liability that maÿresult from toe performance_~t¿md compensation for
these .servicesaIld-shall make no claim of career-seryice or civil service righú¡-WhiCh may accrue to a
County emptoyèe under state or locallaw~ - - - . '.' -
"
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C'- ."-.
'-- "".
B. The County assumes no responsibility for th~ payment of any compensation, wã'gèS;~benefits, or taxes
by oronbehaif oftlJe Agency, its employt?~s,-~d/orothers by reason of.this çQ_n~act~.lhe Agency
shall protect, ~iíid~ninify, and save harmless thê'Còuñty, their officers, agents~ándén1Pîòyees from
and against anY~<!uall claims, costs, and/or losse~~!t3:tsoever occurring or resultin~fr?m (1) the
Agency's failurelo pay any such compensation, wâges, benefits, or taxes, ãnd/or(2)ihesupplying to
the Agency of work. services, materials, or supplies by Agency employees or other suppliers in
connection with or support of the performance of this Contract.
C. Agency Agreement to Repay. The Agency further agrees that it is financially responsible for and will
repay the County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the tenus of this Contract by
the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the prior termination of the Contract pursuant to the
Duration of Contract or the Termination Sections.
D. Agencv Indemnification of County.
u .'
1. This subsection applies to all non-state agencies. The Agency shall protect, defend, indemnify,
and save harmless the County, their officers, employees, and agents from any and all costs, claims,
judgments, and/oTawards of damages, arising out of, or in any way resulting from. the negligent acts
or omissions of the Agency, its officers, employees, and/or agents, in its performance and/or non-
performance of its obligations unde~ tþis contract. The Agency agrees that its obligations. under this
subparagraph extend to any claim. demand, and/or cause of action brought by, or on behalf of, any of
its employees-or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as
respects the County only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of RCW, Title 51. In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article,
all such fees, expenses, and costs shall be recoverable from the Agency.
2. This subsection applies only to state agencies. Each party to the Contract shall be responsible for
the negligence of its officers, employees, and agents in the perfonnance of the Contract. No party to
the Contract shall be responsible for the acts and/or omissions of entities or individuals not a party to
the Contract.
E. Unfair Trade Practices. The Agency agrees not to perform any acts that include, but are not limited to,
use or transfer of software, book. document, report, film. tape, or sound reproduction or material of
. Hcd Boilerplate Page - 11
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any kind, delivered hereunder, that constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice. The Agency agrees to indemnify the
County for any harm resulting from unfair trade practices.
14.
INSURANCE REQUIREMENTS
A. Insurance Required. By the date of execution of this Contract, the Agency shall procure and maintain
for the duration of this Contract, insurance against claims for injuries to persons or damages to
property. which may arise from. or in connection with, the performance of work hereunder by the
Agency, its agents, representatives, employees, and/or subcontractors. The Agency Qr su~ontractor
. shall pay the costs of such insurance. The Agency may' fumish separate cert~ficates. of iÌ1surance and
. policy endorsements from.each subcontractor as evidence of ~ompliance with the insuri\nce '.
requirements of this Contrad~ . .
<
1. The Agency "is respònsiþlefor ensuring compliancewitþ~of the insurance requireUl~.!lts:stated
herein. Failure by the Agency, its agents, employees, officers, subcontractors, providers;-and/or
provider subcontraè~orst()~'c.bmply with the insuranœ.req!iirements stated herein shalfcohstitute a
material breach of this contract. .. .. . .
. .
. . ,',-,. .
. . .
2. Each insurance policy shall be written on an "occulTenœ;'form;except that insurahce on'a
"claims made" form ~y be acceptable with prior County approval. If coverage is approved and
purchased on a "claims made" basis, the Agency warrants'continuation of coverage, either
through policy renewals or the purchase of an extended discovery period, if such extended
coverage is available, for not less than three years from the date of Contract termination, and/or
.conversion from a "claims made" form to an "occurrence" coverage form.
B. Risk Assessment by Agency. By requiring such minimum insurance, the County shall not be deemed
or construed to have assessed the risks that may be applicable to the Agency under this Contract. The
Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
C. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. General Liability: Insurance Services Office form number (CG 00 0 I Ed. 1 {-88) covering
COMMERCIAL GENERAL LIABILITY.
2., Professional Liability, Errors, and Omissions Coverage: In the event that services delivered
pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverâge sháll be provided. "Professional
Services", for the purpose of this Contract Section, shall mean any services provided by a
licensed professional.
3. Automobile Liability: In the event that services delivered pursuant to this Contract involve the
transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles,
the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services
Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol I
"any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9.
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4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar coverage required for this work
by applicable federal or '-Other States" state law.
5. Stop GapÆmployers Liability: Coverage shall be at least as broad as the protection provided by
the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the generallìability policy.
6. Property Insurance: IÌ1surance Services Office fonn number (CP 00 10 Ed. 10-90) covering
BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office
, :f~rinnumber (CP 10 30 Ed. 10-90) CAUSES OF LOSS - Sj>~CIAL FORM or project --
, 'appropriate equivalent. '
- '
D.. MiniIÍ1urn Limits of Insurtalce. TheAg~ncy shall maintain limíts nóless'than, for:
, ~J~;~. ,,--co':;::.'..,.' ,,' ~~",.
"-" ' '--
,L G~l).eral Liability: $1 Million combined single limit per oceulTenc~by bodily injury, personal
. , ".: in~uì}r~ 'and property darnag~,ilÍ1d:fo£diose policies with aggregatèliRlits, a $2 Million aggregat~' '
- -linUt:. '
2. Professional Liability, Errors, and Omissions: $1 Million.
.- ,
"", ---,
'" --
3. Automobile Liability: $1 Million combined single limit per accident for bodily injury and
property damage. Except if the transport of clients by Agency personnel is involved, then Risk
Management will review the appropriate amount of coverage.
4. Workers' Compensation: Statutory requirements of the state of residency.
5. Stop Gap Æmployers Liability: $1 Million.
6. Property Insurance: 100% replacement value:
E. Insurance During Building Construction Period.
1. Prior to commencement of building construction and until construction is complete and approved
by the Agency, the Agency shall cause the construction contractor to procure and maintain
insurance against claims for injuries to persons or damages to property which may arise from, or
in connection with the activities related to this Contract. The Agency shall be a named as an
additional insured on all policies. The cost of such insurance shall be paid by the Agency and/or
any of the Agency's subcontractors.
2. For All Coverage: Each insurance policy shall be written on an "OcculTence" fonn.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
ill
General Liability: Insurance Services Office fonn number (CG 00 01 Ed. 11-88)
covering COMMERCIAL GENERAL LIABILITY.
(ii)
Products and Completed Operations: The General Liability Policy required in this
Section shall include Products and Completed Operations coverage for the
Hcd Boilerplate Page -- 13
3-15
protection against bodily injury and property damage claims arising from this
hazard, at a limit acceptable to the County.
(iii) Automobile Liability: Insurance Services Office form number (CA 00 0 I ed. 12-
90) covering BUSINESS AUTO COVERAGE, symbol I "any auto;" or the
combination of symbols 2, 7, 8, and 9.
(iv) Professional Liability, Errors and Omissions Coverage: In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
, .professional services, Professional Liability, Errors and Omissions coverage shall
~ ,'be provided. "Professional'SèÍ'Viœs" for the pùrposes ofthis SeCtion shall mean
.. any services provided by alícensed,professional. '
, , ,
,(v) Builder's Risk Insurance: ,The ,Agency will obtain; or cause to be obtained, a
'builder's risk policy (Illsurance- Services Office form Ì1umber(CI?~:02 Ed. 10-90)
, B{JIL.DER'S RISK COVERAGEJ"ORM) covering 100% of the replacement value
.." :~.Qfth~building/structures. >~::>:~;~~, ' ' " , , " ','
':':'.." '
,~-
(vi) Worker's Compensation:"wortcers'.Compensation coverage, asrequirw by the
Industrial Insurance Act of the State of Washington.
(vii) Stop Gap, Employers Contingent Liability
3. Minimum Limits of Insurance. The Agency shall maintain limits no less than, for:
a. General Liability: $1,000,000 combined single liÎnit per occurrence for bodily injury,
personal injury and property damage.
b. Products and Completed Operations: $1,000,000.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property daIÍiage.
b.
Professional Liability, Errors & Omissions: $1,000,000.
c.
Builder's Risk Insurance: 100% replacement cost value.
d.
Workers Compensation: Statutory requirements of the State of residency.
e.
Stop Gap or Employers Liability Coverage: $1,000,000.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not
apply to the Agençy's liability to the County and shall be the sole responsibility of the Agency.
G. Other Insurance Provisions. The insurance policies required in this Contract are to contain, or be
endorsed to contain, the following provisions:
1. General and Automobile Liability Policies
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2. The County, its officers, officials, employees, and agents are to be covered as additional insureds
as respects liability arising out of activities perfonned by or on behalf of the Agency in
connection with this Contract.
3. To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary
insurance as respects the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall
not contribute with the Agency's insurance or benefit the Agency in any way.
4. The Agency's insl!rance sþall apply separately to each insured against whom claim is made
and/or lawsuitis brought, 'except with respect tò thelinùtsofthe insurer's liability." ,"-
,5. Property Coverage Policies -
'-, .6; The County is to be addßdto <ill Property Coverage Policies .<!s;an additional loss payee as its
interests may appear. .
, ~ '. '". .ú.' ,
1'. - - Àll Policies
8. Coverage shall not be suspended, voided, canceled, reduced in coverage or in linùts, except by
the reduction of the applicable aggregate linùt by claims paid, until after forty-five (45) days prior
written notice has been given to the County.
H. Acceptability of Insurers. Unless otherWise approved by the County, insurance is to be placed with
insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with llÚnimum
surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and OllÚssions
insurance may be placed with insurers with a Bests' rating of B+ VII. Any exception must be
approved by the County.
If, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall,
upon notice to that effect from the County;promptly obtain a new policy, and shall subllÚt the same
to the County, with appropriate certificates and endorsements, for approval.
I.
Verification of Coverage. The Agency shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements for each insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves the right to require
complete, certified copies of aU required insurance policies at any time.
J.
Subcontractors. The Agency shall include all subcontractors as insureds under its policies or shall
furnish separate certificates ofinsurance and policy endorsements from each subcontractor.
Insurance coverages provided by subcontractors as evidence of compliance with the insurance
requirements of this Contract shall be subject to all of the requirements stated herein.
K. Municipal or State Agency Provisions. If the Agency is a municipal corporation or an agency of the
State of Washington and is self-insured for any of the above insurance requirements, a certification of
self-insurance shall be attached hereto and be incorporated by reference and shall constitute
compliance with this Section.
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15.
NON-DISCRIMINA TION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Non-discrimination and Fair Employment Provisions Incorporated. King County Code Chapters
12.16, 12.17, 12.18, and 12.20 are incorporated by reference as if fully set forth herein and such
requirements apply to this Contract, provided however, that no specific levels of utilization of
minorities and women in the workforce of the Agency shall be required, and the Agency is not
required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin
in its employment practices; and provided further that, notwithstanding the foregoing, any affirmative
action requirements set forth in any federal regulations, statutes or rules included or referenced in the
contract documents shall continue to apply. -King County Code sections 12.16, 12.17, 12.18, and
12.20do not apply to an Agency that .sa municipal cOrporation or st~të agency.
B. Non-discriinination. During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate nor tolerate harassment on the
basis'of'raée, color, sex, religion, nationality~:l:reed, marital status, sexualgrientation, age, or the-
presence of any sensory, mental, or physicatdisability in the empl<;>yment or application for
employmèntorìn the adrÌ1inistr~tion or deliVery,of services or any óthér:beneþ~~~~der this Contract.
- -. -- -. - - --,-
C. Equal Employment Opportunity. The Agen.<:X:owill implement and carry oqtJh~obligations contained
in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other
requirements asset forth in the Affida"ít and Certificate of Compliance. Failure to implement and
carry out such obligations in good faith may be considered by the County as a material breach of this
Contract and grounds for withholding payment and/or termination of the Contract and dismissal of
the Agency.
D. Compliance with Applicable Laws. The Agency shall comply fully with all applicable federal, state
and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act
of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall
further comply fully with any affIrmative action requiremel1,ts set forth in any federal regulations,
statutes or rules included or referenced iI). the contract documents.
E. Fair Employment Practices. King County Code Chapter 12.18 is incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance of this
Contract, n~ither the-Agency nor any party contracting or subcontracting under the authority of this
contract shall engage in unfair employment practices. It is an unfair employment practice for any:
1. E~ployer or labor organization to discriminate against any person with respêCt to referral, hiring,
tenure, promotion, ferrns, conditions, wages or other privileges of employment; --
2. Employment agency or labor organization to discriminate against.any person with respect to
membership rights and privileges, admission to or participation in any guidance program,
apprenticeship training program, or other occupational training program;
3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed,
published or circulated, any statement, advertisement, or publication relating to employment or
membership, or to use any form of application therefor, which indicates any discrimination unless
based upon a boná fide occupation qualification;
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4. Employment agency to discriminate against any person with respect to any reference for
employment or assignment to a particular job classification;
5. Employer, employment agency or a labor organization to retaliate against any person because this
person has opposed any practice forbidden by King County Code Chapter 12.18 or because that
person has made a charge, testified or assisted in any manner in any investigation, proceeding or
hearing initiated under the provisions of King County Code Chapter 12.18;
6. Publisher, finn, corporation, organization or association printing, publishing or circulating any
news{!aper, magazin~ or other written publicatiOIt.to. p~int or cause to be printed or circulated any
advertisemenrwith knowledge that the same isinviolátion of King County Code Chapter
12.18.030.c., or to segregate and separately designate advertisements as applying only to men
and women unless such discrimination is reasonably necessary to the normal operati()nöf the
particular business, enterprise or employment, unless based upon a bona fide occupational
qualification; and/or - .'. -- .-. -
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7. Employer to prohibitåíÌy,person from speakingalàÌ1~~gé other than English ín th,e\V~~~Î>lace
unless:'- . .-,..-'c.:,.,.
a. the employer can show that requiring that employees speak English at certain times is
justified by business necessity, and
b. the employer infanus employees of the requirement and the consequences of violating the
rule.
F. Non-Discrimination and Equal Employment Opportunity Reporting.
1. If the Agency is a nonprofit corporation and one or more Scopes attached to this Contract have a
cumulative value of $25,000 or more the Agency shall submit the following with this Contract:
a. An Affidavit and Certificate of Compliance on the form provided by the County and attach
the original, notarized, completed form to this Contract. Subject to the provisions of KCC
12.16.060, the Agency's Affidavit of Complîance shall be effective for two years after the
date on which the report was submitted.;
b. Sworn Statement of Compliance with King County Chapter 12.16 from any labor unions or
employee referral agencies which refers workers or employees or provides or supervises
apprenticeship or other training programs from whom Agency obtains employees.
c. The Agency shall also submit Persónnel Inventory Reports, Affidavit and Certificates of
Compliance and Sworn Statements of Compliance from any contractors or subcontractors it
utilizes to perform any work under this contracL Such contractor or subcontractor
information shall be submitted prior to the County processing and paying any progress
payment, which includes such contractor or subcontractor work,
d. All reports and forms provided by the County and shall otherwise cooperate fully with the
County in monitoring and assisting the Agency in providing nondiscriminatory programs.
Assistance with the requirements of this Section and copies of King County Chapters 12.16
and 12.18 are available fromthe King County Business DevelopID;ent and Contract
Compliance Division, phone (206) 296-3439.
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2. If the Agency is a nonprofit corporation and one or more Scopes attached to this Contract have a
cumulative value of $25,000 or more the County will not execute an agreement or contract
without prior receipt of fully executed forms listed in subparagraph 1, above.
G. Fair Housing Protections. The Agency shall comply with the federal Fair Housing Act, Public Law
90-284 (42 USC 3601 et seq.) The Agency shall take necessary and appropriate actions to prevent
discrimination in any housing-related project under this contract, which includes rental housing
projects and/or projects that include residential real estate-related transactions, as required by the
F~eral Fair Housing Act as amended (42 USC 36Ql) and the Washington State Law Against
Disërlmination (RCW Chapter 49,60). Residential real estate-related transactions include the makìng -
. or purchasing of loans or the provision of financial assistance 'secured by real estate, or the making or.
.purchaSing of loans or financial assistance for the purchasing, ~onstructing, improving, repairing or
maintàining ora dwelUng. R~ntal housing includes aný dwelÌìngwhich is intended for occupancy as
á resìdençe for one or more families~b-yJease, sublease or by grånffö~~onsideration of the right to -
, occupy premises not owned by the occupant. In addition, except for projècts located in incorporated
:judiø.i~9ÌlS, the Agency shall copÏpJX$1V':i~ the provisions of the King.~()~nty Open Housing' -
Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits practices of housing
'. discrimination against any person on the basis of race, color, national origin, religion, sex, disability,
parental status, retaliation, marital status, age, ancestry, sexual orientation and possession of section 8
housing assistance.
Projects using federal funds shall also comply with subsections H, I, and J:
H. Additional Federal Nondiscrimination Requirements. The Agency shall comply with all applicable
federal laws prohibiting discrimination, including the following:
1. Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at
24 CPR Part 107;
2. Section 109 oftbe HCD Act of 1974, as amended (42 USC 5301);
3~ The Americans with Disabilities Act (42 USC 1213; 47 USC 155,201, 218and 225); and
4. Section 504 of the Rebabilitation Act of 1973 and regulations at 24 CPR Part 8.
I.
Prohibited Discriminatory Actions.
1. The Agency may not, under any program or activity to which this Contract may apply, directly or
through contractual or otberarrangements, discriminate on the grounds of age, sex, marital status,
fanùlial status, religion, race, creed, color, sexual orientation, nationality, or the presence of any
sensory, mental or physical disability. Discriminatory actions may include but are not limited to
the following:
a) Denying any person access to facilities, services, financial aid or other benefits provided
under the program or activity.
b) Providing any person with facilities, services, financial aid or other benefits, which are
different, or are provided in a different form from that provided to others under the program
or activity.
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c) Subjecting any person to segregated or separate treatment in any facility or in any matter or
process related to receipt orany service or benefit under the program or activity.
d) Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by
others in connection 'with facilities, services, financial aid or other benefits under the program
or activity.
e) Treating any person differently from others in detemúning whether the person satisfies any
admission, enrollment, eligibility, membership, or other requirement or condition which
individúåls must meet in order to be provided any facilities, services or other benefit provided
under the program or activity.
f)' Denying any person any opportunity to participate in a program or activity as an employee.
" .
" --~
g) FaWng to design and construct facilities i~r fITst occupancy after Janu~26,T993 that are
. readilYðcœssible to and usable by individ\l~ls with disabilities and failure!.9r~move
architectural and communication bairiers thát are strUctural in nature inexisthig'facilities,
where suc~Femoval can be accomplishedw~~out difficulty and expense.
2. The Agency shall not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination on the basis of race, color, familial status, religion, sexual
orientation, nationality, sensory, mental or physical disability, age or se~, or have the effect of
defeating or substantially impairing accomplishment of the objectives of the program or activity
with respect to individuals of a particular age, sex, marital status, familial status, relìgion, race,
creed, color, sexual orientation, nationality, or the presence of any sensory, mental or physical
disability.
3. The Agency, in detemúning the site or location of housing or facilities provided in whole or in
part with funds under this Contract, may not make selections of such site or location which have
the effect of excluding individuals, denying them benefits, of subjecting them to discrimination
on the grounds of age, sex, marital status, familial status, religion, race, creed, color, sexual
orientation, nationality, or the presence of any sensory, mental or physical disability; or which
have the purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the HCD Act or of the HUD Regulations.
J. Employment " Protections. In all solicitations under this Contract, the Agency shall state that all
qualified applicants will be considered for employment. The words "equal opportunity employer" in
advertisements shall constitute compliance with this Section.
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16. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. Compliance with Initiative 200. In accordance with the provisions of Washington Initiative 200, no
County Minority and Women Business (M/WBE) utilization requirements shall apply to this
Contract. No minimum level of M/WBE participation or purchase from M/WBE certified vendors is
required and no preference will be given for M/WBE utilization or M/WBE status. Provided,
however, that any affirmative action requirements set forth in any federal regulations or statutes
, included or referenced in the Contract documents will continue to apply.
B. Non-Discrimination. During the term of this Contract, the Agency shall not create baniers to open
and fair opportunities to participate in County contracts or to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services. In considering offers from
and doing business with contractors and suppliers, the Agency shall not discriminate against åny
person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual
orientation or the presënceof any mental or physical disability in an otherwise qualified disabled
person.
C. Record-Keeping Requirements. The Agency shall maintain, after completion of all work under this
contract, records and information necessary to document its level of utilization of M/WBEs and other.
businesses as contractors, subcontractors and suppliers in this contract and in its overall public and
private business activities for the same period. The Agency shall also maintain, after completion of
all work under this contract, all written qQotes, bids, estimates or proposals submitted to the Agency
by all businesses seeking to participate on this Contract. Such records shall be retained by the
Agency for the period specified in Part 1, Section 6 above. Agency shall make such documents
available to the County for inspection and copying upon request.
D. Open Competitive Opportunities.
The County encourages the Agency to utilize small businesses, including minority owned businesses
("MBEs") and women-owned businesses ("WBEs")(collectively, "MIWBEs") in County contracts. The
County encourages the Agency to use the following voluntary practices to promote open competitive
opportunities for small businesses including M/WBEs:
1. Scheduling a pre-bid or pre-solicitation conference to provide project infonriation and to inform
MlWBEs and other finns of contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in the County, including
MIWBEs, on solicitation lists, and providing written notice of subcontracting opportunities to
MIWBEs and all other small businesses capable of perfoimÏng the work, including without
limitation all businesses on any list provided by the County, in sufficient time to allow such
businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where economically feasible,
in order to permit maximum participation by small businesses including M/WB~.
4. Establishing delivery schedules, where the requirements of this còntract permit, that encourages
participation by small businesses, including MIWBEs.
5. Providing small businesses including M/WBEs that express interest with adequate and timely
information about plans, specifications, and requirements of the Contract.
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6. Utilizing the services of available community organizations, contractor groups, local assistance
offices, the County, and other organizations that provide assistance in the recruitment and
placement of small businesses including M/WBEs.
7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can
provide a list of certified M/WBEs. Contact the OMWBE office at (360) 753-9693 or on-line
through their web site at http://www.omwbe.wa.gov/.
E. Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this
Section shall be a material breach of contract for which the Agency may be subject to damages,
withholding of payment and any other sanctions provided for by contract and by applicable law.
F. Affidavits of Amounts Paid. Upon completion of all work and as a condition precedent to final
payment, the Agency shall subnút a 'final Affidavit of Amounts Paid, identifying amounts actually
paid and amounts owed to each contractor or subcontractor fmn for performance under the Contract.
Failure to submit such affidavits may result in withholding of payments or the final payment. The
County will provide affidavit forms.
G. Site Visits. The County may at any time visit the site of the work and thè Agency's office to review
records related to actual utilization of and payments to contractors. The Agency shall maintain
sufficient records necessary to enable the County to review utilization of contractors. The Agency
shall provide assistance requested by the County during such visits.
Projects using federal funds shall also comply with subsections H and I:
H. Federal Requirements. In soliciting subcontractors to supply goods or services for the activities under
this Contract, the Agency shall comply with 24 CPR Part 85.36(e) as amended if the Agency is a
municipal corporation or an agency of the State of Washington, and 24 CPR Part 84.44(b)(l)-(5) if
the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take all
necessary affirmative steps to assure MlWBE's and labor surplus area fmns are used as
subcontractors when possible. Affirmative steps shall include those actions specified above in this
Section of the Contract.
I.
Nondiscrimination in Federally Assisted Construction. The Agency shall also require compliance
with Executive Order 11246 as amended and 41 CPR Part 60 regarding nondiscrimination in bid
conditions for construction projects over $10,000.
17. . SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a
Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (including
any services not subject to this Contract) and has evaluated its services, .programs and employment
practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the
Americans with Disabilities Act of 1990 ("ADA"). The Agency warrants and represents that it has
completed a 504/ ADA Disability Assurance of Compliance and shall submit it to the County. Such
Assurance of Compliance is attached to this Contract and is incorporated herein by this reference.
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18.
SUBCONTRACTS AND PURCHASES
A. Subcontract Defined. "Subcontract" shall mean any agreement between the Agency and a
subcontractor or between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the subject matter of
this Contract, or (2) supplies.
B. Writing Required. Any work or services assigned or subcontracted hereunder shall be in writing.
The Agency agrees that it is as fully responsible to the County for the acts and omissions of its
subcontractors and their employees and agents, as it is for the acts and omissions of itS own
employees and agents, as defined in Part 1, Section B.C. .
C. Required Contract Terms. The Agency shall include the applicable provisions of Part I,Sections 14,
15 A-G, 16 A-G and 17 in every subcontract or purchase order for goods or services which are paid
for in whole or iIi p~:with funds provided under thisCpntract. .,'
Projects using federal funds must also comply with subsections D, E, F, G and H:
D. Debarred Contractors. The Agency shall not make any award at any time to any contractor, which is
debarred, suspended or excluded, from participation in federal assistance programs under Executive
Order 12549, "Debarment and Suspension".
E. Subcontracting Requirements. An Agency which receives federal funds under this Contract will also
include the following Sections in every subcontract or purchase order for goods and services which
are paid for in whole or in part with funds provided under this Contract: Part 1, Sections 15J, 16 H-I, .
19 B and 20(B)(3) and, if the subcontract is for construction, Part 2, Sections 10 and 11.
F. Federal Procurement Requirements. If the Agency is a municipal corporation or an agency of the
State of Washington, it agrees to comply with procurement requirements specified in 24 CPR Part
85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement
requirements specified in 24 CPR Part 84.40 through 048 or as otherwise provided in the project
Scope. ,The regulations at 24 CPR Part 85.36 (b) through (g) and 24 CPR Part 84.40 through .48,
require that all goods and services, irrespective of cost, be procured using a competitive process.
E. G. Federal Bid Guarantee and Bond Requirements. If the Agency is subcontracting construction
work under this Contract, the subcontract must require for construction contracts exceeding $100,000,
(a) a bid guarantee from each bidder equivalent to five percent (5%) of the bid price, (b) a
performance bond from the contractor for one hundred percent (100%) of the contract price, and (c) a
payment bond from the contractor for one hundioo percent (100%) of the contract price. The Agency
may, at its discretion, require any of these requirements on construction contracts of less than
$100,000. The specific requirements for bid guarantees and bonds are at 24 CFR Part 84.48(c) for
nonprofit corporations and 24CFR Part 85.36(h) for municipal corporations and agencies of the State
of Washington.
H. Failure to Comply is Default. Failure by the Agency to require compliance with the above terms and
conditions in subcontracts shall constitute a breach of this Contract.
19.
CONFLICT OF INTEREST
A. King County Code Incorporated Herein. King County Code Chapter 3.04 òn Employee Code of
Ethics is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all
Hcd Boilerplate Page -- 22
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conditions of said chapter. Failure by the Agency to comply with any requirement of said King
County Code Chapter shall be a material breach of contract. This section shall not apply to state
agencies or to an Agency that is a municipal corporation which has adopted an employee code of
ethics.
B. Agency Covenants. The Agency covenants that no officer, employee, consultant, elected or
appointed official, or agent of the Agency who exercises any functions or responsibilities in
connection with the activities funded in whole or in part under this Contract, herein, or any other
person who presently exercises any functions or responsibilities in connection with the activities
funded herein shall have any personal financial interest, direct or indirect, in this Contract. The
Agency shall take appropriate steps to assure compliance with this provision.
C. Non Disclosure is Grounds For Termination. If the Agency violates the above provisions or does not
disclose other interests required to be disclosed pursuant to King County Code Chapter 3.04, or if the
. Agency is a municipal corporation which has adopted an employee code of ethics, and violates the
adopted employee code of ethics, the County will not be liable for payment of services rendered .
pursuant to this Contract. Violation of this Section shall constitute.a substantial breach of this
Contract and grounds for temñnation pursuant to Part 1, Section 11; as well as any other right or
remedy provided in this Contract or law.
20.
POLITICAL ACTIVITY PROIßBITED
A. No Partisan Activity. None of the funds, materials, property, or services provided directly or
indirectly under this Contract shall be used for any partisan political activity or to further the election
or defeat of any candidate for public office.
All Projects using federal funds shall also comply with the following subsection:
B. Certification Regarding Lobbying. The Agency certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress; or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant; the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the Agency shall
complete and submit 'Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The Agency shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose
accordingly. .
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4. This certification is a material representation of fact upon which reliance Was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the
. required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
21.
EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment over $1000. The Agency agrees that any equipment purchases, in whole or in part, with
Contract funds at a cost of $1,000 per item or more, when the purchase of such equipment is
reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County
and/or federaVstate government.
B. Maintenance of Equipment. The Agency shall be responsible for altsuch property, including the
proper care and maintenance of the equipment. .
C. Equipment Rètumed. The Agency will ensure that all such equipment will be returned to the County
or federaVstate government upon termination of this Contract unless otherwise agreed upon by the
parties.
D. Right of Access. The Agency will admit the County's Property Management Officer to the Agency's
premises for the purpose of marking such property with County property tags.
E. Maintenance of Records. The Agency shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract funds.
Projects using federal funds shall also comply with the following subsection:
F. Disposition of Equipment. If the Agency ceases to use equipment purchased in whole or in part with
CDBG funds for the purpose describW in tlús Contract, or if the Agency wishes to dispose of such
equipment, the disposition shall. be determined under the provisions of 24 CPR,
Part 570.502(b)(3)(vi), if the Agency is a nonprofit corporation and 24 CFR Part 570.502(a) and 24
CFR Part 85.32(e) if the Agency is a municipal corporation or an agency of the State ofWaslúngton.
The Agency agrees that it wíIl contact the County for instructions prior to disposing of, surplusing,
encumbering or transferring ownership of any equipment p~rchased. in whole or in part with federal
funds.
22.
NOTICES
Whenever tlús Contract provides for notice to be provided by one party to another, such notice shall be in
writing; and Directed to the Chief Executive Officer of the Agency and the Director of the County
Department of Community and Human Services. Any time witlún which a party must take some action
shall be computed from the date that the notice is received by said party.
23.
PROPRIETARY RIGHTS
The parties to tlús Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article shall
be the sole property of the Agency. The Agency agrees to and does hereby grant to the County,
irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and
Hcd Boilerplate Page - 24
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use any method that may be developed as part of the work under this Contract. The foregoing license
shall not apply to existing training materials, consulting aids, checklists, and other materials and
documents of the Agency which are modified for use in the perfonnance of this Contract.
24.
CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are mutually agreed upon,
shall be incorporated by written amendments to this Contract. Budget revisions approved by the County
pursuant to Part I, Section 4 are not required to be incorporated by written amendment.
25.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied documents related
to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each
.. document printed on recycled paper bears an imprint identifyil!g it as recycled paper. . . .
If the cost of recycled paper is more than futeen percent (15%) higher than the cost of non-recycled
paper, the Agency may notify tþe County which may waive the recycled paper requirement. The Agency
shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products
wherever practical at the fulfillment of tills Contract.
26.
ENTIRE CONTRACTIWAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein are excluded. Both parties recognize that time
is of the essence in the perfonnance of the provisions of this Contract. Waiver of any default shall not be
deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Contract shall
not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the tenus of the Contract unless stated to be such through written. approval by the County,
which shall be attached to the original Contract.
27.
MISCELLANEOUS PROVISIONS
A. Severability. If any tenD or provision of this Contract ot an application of any tenD or provision to
any person or circumstance is invalid or unenforceable, the other terms or provisions of this Contract,
or the application of the tenD or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected and will continue in full force.
B. Cumulative Remedies. No provision of this Contract precludes the County from pursuing any other
remedies for the Ag~ncy' s failure to perfonn its obligations.
C. No Third Party Beneficiary. This Contract is for the benefit of the named parties only and no third
party shall have any rights thereunder.
28.
SUPPLANTING
A. Nonprofit Corporation. If the Agency is a nonprofit corporation providing public (human) services
under this Contract with CDBG and/or ESG funds and the Agency received non-federal funds from
King County ("local funds") to provide the same services as those funded herein between January I
and December 31, 2002, the Agency must use the funds provided herein to pay for units of service
over and above those provided with local funds in 2003.
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B. Municipal Corporation. If the Agency is a municipal corporation, any federal CDBG Funds made
available under this Contract to provide public (human) services shall not be utilized by the Agency
to reduce or replace the local financial support currently being provided to public (human) service
programs. .
29.
ATTORNEYS FEES AND COSTS
If,. by reason of any default or breach on the part of either party in the peIfonnance of any of the
provisions of this Contract, a legal action is instituted, the losing party agrees to pay all reasonable costs
and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under
the teíms of this Contrac( shall be in the county in which the real property owned or leased by the Agency
assisted under this Contract (Premises) are situated. .
30.
. .
DRUG FREE WORKPLACECEKrlFICA TION AND OTHER FEDERAL
REQUIREMENTS
. .
A. Drug-Free Workplace Certification. The Agency certifies that it is in compliance with the Drug-Free
Workplace Act of 1988 (42 USC 701) and regulations set forth at. 24 CFR part 24, subpart F.
B. Other Federal Requirements. The absence of mention in this Contract of any other federal
requirements which applY'tò the award and expenditure of the federal funds made available by this
Contract is not intended to indicate that those federal requirements are not. applicable to Agency
activities. The Agency shall comply with all other federal requirements relating to the expenditure of
federal funds, including but not limited to: the Hatch Act (5 U.S.C. Chapter 15) regarding political
activities.
31.
CONSTITUTIONAL PROHffiITION
Funds not Used for Religious Purposes. In accordance with the First Amendment of the United States
Constitution, Article 1, S~tion 11 of the Washington State Constitution, and separation of church and
state principles, as a general rule, funds received under this Contract may not be used fo~ religious.
activities or provided to primarily religious entities for any activities, including secular activities. The
following restrictions and limitations apply to the use of CDBG, HOME and ESG funds:
A. CDBG funds may not be used for public services provided by an Agency or a subcontractor that is a
primarily religious entity unless the Agency certifies that it will not discriminate or conduct religious
activities pursuant to 24 CFR Part 570.200 (j)(3). -
B. ESG funds may not be used for public services provided by an Agency or a subcontractor that is a
primarily religious entity unless the Agency certifies that it will not discriminate or conduct religious
activities pursuant to 24 CFR Part 576.23(a).
C. CDBG, HOME and ESG funds may not be used to rehabilitate or construct facilities and housing
owned by primarily religious organizations or to assist primarily religious organizations in acquiring
housing as set forth in 24 CFR 57Q.200(j)(l) and 24 CFR part 576.23(b). Completed facilities and
housing project must be used exclusively by the owner entity for secular purposes, available to all
persons regardless of religion. In addition, there shall be no religious or membership criteria for
tenants of the property.
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32.
COMPLIANCE WITH THE HEALm INSURANCE PORTABILITY ACCOUNTABILITY
ACT OF 19% .
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CPR Parts
160 and 164.
A. Obligations and Activities of the Agency
.L
The Agency agrees not to use or disclose protected health information other than as permitted or
required by law.
2.
The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health
infonnation other than as provided .for in this Contract.
3.
The Agency agrees to mitigate, to the extent practicable, any harmful effect thatis known to the
Agency of a use-or disclosure of protect health infonnation by the Agenëy ìn vÌolation of the
requirements of this Contract.
4.
The Agency agrees to report to King County any use or disclosure of protected health
infonnation not provided for by this Contract of which it becomes aware.
5.
The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides
protected health infonnation received from, or created or received by the Agency on behalf of
King County, agrees to the same restrictions and conditions that apply through this Contract to
the Agency with respect to such infonnation.
6.
The Agency agrees to make available protected health infonnation in accordance with 45 CFR §
164.524.
7.
The Agency agrees to make available protected health infonnation for amendment and
incorporate any amendments to protected health information in accordance with 45 CFR § 164-
5U. .
8.
The Agency agrees to make internal practices, books, and records, ircluding policies and
procedures and protected health information, relating to the use and disclosure of protected
health information received from, or created or received by the Agency on behalf of King
County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary
determining King County's compliance with the privacy rule.
9.
The Agency agrees to make available the information required to provide an accounting of
disclosures in accordance with 45 CPR 164 § 528.
B. Permitted Uses and Disclosures by Business Associate.
The Agency may use or disclose protected health information to perfonn functions, activities, or services
for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would
not violate the Privacy Rule if done by King County or the nñnimum necessary policies and procedures of
King County.
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C. Effect of Tennination.
1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any
reason, the Agency shall return or destroy all protected health infonnation received from King
County, or created or received by the Agency on behalf of King County. This provision shall apply
to protected health infonnation that is in the possession of subcontractors or agents of the Agency.
The Agency shall retain no copies of the protected health information.
2. In the event the Agency deterl1Únes that returning or destroying the protected health infonnatiön
is infeasible, the Agency shall provide to King County notification of the conditions that make return
or destruction infeasible. Upon notification that return or destruction of protected health infonnation
is infeasible, the Agency shall extend the protections of the Contract to such protected health
information and lil1Út further uses and disclosure of such protected health information to. those
purposes that make the return or destruction infeasible, for so long as the Agency maintains such
, - protected health information. . .
. PART 2 - ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS
The provisions ofthis Part 2 are applicabie to Scope(s), which provide funding for Capital PrQjects.. F9r
Scope(s) which provide funding for the construction or reconstruction of public infrastructure, the only
provisions of Part 2 that apply are: Sections 5, 6 , 8.A, 9, 10 and 11.
1.
TERM OF COMPLIANCE
The Agency shall comply with the terms and conditions set forth in this Contract and the appropriate
project Scope(s) attached hereto until the Tennination Date as specified in each Scope of Services.
2.
PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Agency agrees that funding provided under this Contract for the acquisition, improvement and or
rehabilitation of real property owned by the Agency IS a loan from the County to the Agency. The
Agency agrees to promptly execute a prol1Ússory note, deed of trust and covenant, in a format approved
by the County, if required in a project Scope. The Agency agrees that for real property, which is leased
by the Agency and assisted under this Contract, the Agency shall obtain a covenant from the owner of the
real property in a form approved by the County, if required in a project Scope.
3.
PROPERTY MANAGEMENT
A. The Agency shall engage in sound property and program management practices and at all times
operate and ïnaintain the Prel1Úses in a manner which fully complies with all applicable federal, state,
and local laws, statutes, rules and regulations covering health and safety issues in order to provide
decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Agency
specifically agrees to comply and pay all costs associated with achieving such compliance without
any notice of requirement or requirements from the County, and that the County does not waive this
Section by giving notice of demand for compliance in any instance.
B. The Agency shall throughout the term of this Contract, without cost or expense to the County, keep
and maintain the Prel1Úses and all improvements, landscaping, fiXtures and equipment which may
now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for
reasonable wear and tear, at all times preserve the Prel1Úses in good and safe repair.
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C. If, after thirty (30) days notice from the County, the Agency fails to maintain orrepair any part of
the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but
Shall not be obligated to, enter upon Prenñses and perform such maintenance or repair and the
Agency agrees to pay the costs thereof to the County upon receipt of a written demand.
4.
TAXES AND LICENSES
The Agency shall pay throughout the tenn of this Contract, all applicable taxes, and all licenses and
excise fees covering the ownership and operations of the Prenñses.
, j
s.
PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION
A. In the event that all or any portion of the Premises is taken or conveyed as a result of any
condemnation proceeding or damaged as a result of any casualty, the County and the Agency agree
that the proceeds of any condemnation or casualty affecting the. Premises sh~J be made available for
the repair or restoration of the real property if the County and the Agency in their reasonable .
judgmentagtee that: (a) repair or restoratio~ o,f the real property is feasible and that sufficient funds
are available to complete such work;' (b) afterthê completion of work, the real property can be
. feasibly operated within the restrictions and requirements of the project Scope; and (c) more than two
years remain after the completion of the work until the end of this Contract. .
B. The County and the Agency shall meet as necessary to discuss in good faith the rebuilding or repair
of the real property and reach a decision with respect thereto within sixty (60) days after the
occurrence of the casualty Of condemnation. If the parties cannot in good faith agree to repair or
restore the real property as. provided above, then any proceeds of the casualty or condemnation,
within sixty (60) days of demand, shall be paid fITst to satisfy the County's lien. The balance of the
proceeds shall be paid to the Agency.
6.
ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE
The Agency shall at all times comply with all applicable federal, state, and local laws, statutes, rules and
regulations relating to relocation of those persons and households residing at the Prenñses prior to
occupancy by Tenants. The Agency shall be solely responsible for the cost of all relocation benefits
required by law. .
Capital Projects using federal funds shall also comply with the following subsection:
A. Federal Acquisition and Relocation Requirements. Implementation of any project provided for in this
Contract will be undertaken so as to nñninñze involuntary displacement of persons, businesses,
nonprofit organizations, or farms to the greatest extent feasible. The Agency shall comply with the
following: .
1. Any acquisition of real property by the agency for any activity assisted under this Contract shall
comply with the Uniform Relocation Act and 49 CPR Part 24.
2. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result
of acquisition of real property assisted under this Contract shall comply with the Unifonn
Relocation Act, at 24 CPR Part 42 and 49 CPR Part 24 as amended, and the County's Residential
Anti-displacement and Relocation Assistance Plan required by federal regulations at 24 CPR Part
570.606( c), and adopted by the County Council as part ofthe HCD Plån. The Agency shall
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comply with the Regulations pertaining to costs of relocation and written policies, as specified by
the King County Residential Anti-displacement and Relocation Assistance Plan.
3.
When any lower-income dwelling units are demolished or converted toa use other than a lower-
income dwelling unit, in connection with an activity assisted under this Contract with federal
funds, the units must be replaced on a one-for-one basis. Lower-income dwelling units are
defined as a dwelling unit with a market rent (including utility costs) that does not exceed the
applicable Fair Market Rent (FMR) for existing housing as established by HUD and published
annually, pursuant to 24 CPR Part 888. The Agency must comply with the one-for-one
replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The
implementing regulations are found at 24 CPR Part 42, and for CDBG funds at 24 CPR Part
570.606.
" .
7.
AFFIRMATIVE MARKETING
A. Federal Marketing Requirements. Each Agency must adopt affmnative marketing procedures and
requirements for projèctS containing 5 or more housing uIiits funded with CDBG and/or lfOM;E
funds. Affmnative marketing steps consist of actions to provide information and otherwise attract
eligible persons from all racial, ethnic, and gender groups in the housing market area to the available
housing. (The affmnative marketing procedures do not apply to families with housing assistance
provided by the Public Housing Authority or fanúlies with tenant based rental assistance provided
with HOME funds.) The County will annually assess the Agency's affmnative marketing program to
determine the success of affmnative marketing actions and any necessary colTective actions.
B. The affinnative marketing requirements and procedures adopted must include:
1. Methods for informing the public, owners, and potential tenants about federal fair housing laws
and the use of the Equal Housing Opportunity logotype or slogan in press releases and solici-
tations for owners, and written communication to fair housing and other groups;
2. Requirements and practices the Agency must adhere to in order to carry out the participating
jurisdiction's affmnative marketing procedures and requirement (e.g., use of commercial media,
use of community contacts, use ofthe Equal Housing Opportunity logotype or slogan, and display
of fair housing poster); .
3. Procedures to be used by the Agency to inform and solicit applications from persons in the
housing market area who are not likely to apply for the housing without special outreach (e.g.,
use of community organizations, places of worship, employment centers, fair housing groups, or
housing counseling agencies);
4. Records must be kept describing actions taken by the Agency to affirmatively market units and
records to assess the result as of these actions; and
5. A description of how the Agency will assess the success of affirmative marketing actions and
what corrective actions will be taken where affinnative marketing requirements are not met.
8.
ENVIRONMENTAL REVIEW
Hazardous Substances. The Agency shall not, without fIrst obtaining the County's prior written approval,
generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous
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substances, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants, or substances defined as
hazardous or toxic in accordance with applicable federal, state, and local laws and regulations in any
reportable quantities ("Hazardous Substances") in or about the Premises except for commercial cleaning
supplies which shall be handled in accordance with all applicable federal, state, and local laws and
regulations. In the event, and only in the event, the County approves such Release of Hazardous
Substances on the Premises, the Agency agrees that such Release shall occur safely and in compliance
with all applicable federal, state, and local laws and regulations.
The Agency shall indemnify, hold hamùess, and defend the County from any and all claims, liabilities,
lossès, damages, clean up costs, response costs, and expenses, including reasonable attorney's fees arising
out of or in any way related to any Release by the Agency, or any of its agents, representatives, or
employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any
time after the commence~nt date of this Contract.
. . . ." -
CapitalPtòjects using federal funds sbàll also comply with subsectiomB, C andD:
. .
. .
. ."" . -'.
." .
A. Natìoii1ï Environmental Policy Act. TIié County retains environmental r~vi"ew responsibility for
" purposes offulfllling requirements of the National Environmental Policy Act as implemented by
HUD Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities
identified therein. The Agency shall be solely responsible for the cost of compliance with all such
Federal laws and authorities including the cost of preparing plans, studies, reports and the publication
of notices that may be required.
B. National Flood Insurance. The use of CDBG and HOME funds for acquisition or construction
purpqses in identified special flood hazard areas shall be subject to Agency mandatory purchase of
flood insurance as required by Section 1O2(a) of the Flood Disaster Protection Act of 1973 (Pub L.
93-237).
C. Lead Based Paint. The Agency shall comply with the Lead-Based Paint Poisoning Prevention Act
(42 USC 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC
4851-4856), and implementing regulations at 24 CFR Part 35, subparts ^" B, J, K, and R. Generally,
these laws prohibit the use of lead-based paint (whenever funds under this Contract are used directly
or indirectly for construction, rehabilitation, or modernization of residential structures); require
elimination of immediate lead-based paint hazards in residential structures; and require notification of
the hazards of lead-based paint poisoning to purchasers and tenants ofresidential structures
constructed prior to 1978.
9.
ACCESSIBILITY
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this
Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 D.S.c. 4151- 4157)
and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for
residential structures, and Appendix A to 41 CFR Parts 101-19 and subpart 101-19.6 for general type
. building). When applicable, certain multifamily housing units designed and constructed for first
occupancy after March 13, 1991, with assistance provided under this Contract must comply with the Fair
Housing Accessibility Guidelines, 24 CFR Part 100 as amended.
Hcd Boilerplate Page -- 31
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10.
LABOR STANDARDS
For projects using HOF funds, Agencies shall comply with the following:
A. State Prevailing Wages. Unless projects' have federal funds, all construction work must be paid at the
state prevailing wage levels.
For projects using CDBG and/or HOME funds, Agencies shaD comply with subsections Band C:
B. Davis-Bacon Requirements. All construction work funded in whole or in part under this Contract
must be performed in accordance with the Davis-Bacon Act. as amended (40 USC sections 276(a)-
276(a)(5», the Copeland "Anti-Kickback" Act, as amended (40 U.S.c. 276(c» and the Contract
Work HoursaIid Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed at 29 CPR Parts 1,
3,5,6 and 7.
For projects assÍstèd with CDBG fu,nds, this section shall not apply to rehabilitation of residential
propertydesign~ fQr residential use by less than e~gh~ units. For projects assisted with HOME funds,
this Section shall not apply to rehabilitation of rental property consisting of less than twelve units. A
copy of the current Davis-Bacon wages must be incÌuded in all construction bid specifications,
contracts, and/or subcontracts over $2,000.
c. Use of Volunteers. The Agency shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this C9Ì1tract.
11.
EMPWYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
Capital Projects using federal funds shall comply with subsections A and B:
A. Section 3 Requirements. The work to be perfonned under this contract may be subject to the
requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 .
U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HOD assistance or HUD-assisted projects covered by section 3, shall, to
the greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. Section 3 Criteria for Capital Projects. As .set forth in the HCD Plan, Section 3 regulations found at
24 CPR Part 135.38 apply to all Scopes which meet all three of the following criteria:
1. The Scope must include $200,000 or more in total HUD funds from one or more program years;
and
2. The Scope must include construction or rehabilitation work as a task that will be funded in full or
in part with the HOD funds; and
3. The construction or rehabilitation work that will be funded must have a contract value, which
exceeds $100,000. That actual contract value of construction or rehabilitation work is the
detennining factor, not a cost estimate. .
Additionally, Section 3 regulations are applicable to project Scope(s), which do not initially meet the
above criteria but whièh are amended so as to add funds or change the activities for which the funds
are used. Section 3 regulations do not apply to projects which include $200,000 or more in HOD
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funds when the funds are being used for acquisition and/or professional services only and not for
construction or rehabilitation work.
12.
NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No agency, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or
sponsor) whether private, for profit or nonprofit (including a community housing development
organization (CHDO) when acting as an owner, developer or sponsor) may occupy a CDBG, HOME,
HOF or eX-assisted affordable housing unit in a project. This provision does not apply to an owner-
occupant of single family housing or to an employee or agent of the owner or developer of a rental
housing project who occupies a CDBG, HOME,HOF or eX-assisted unit as the project manager or
maintènance worker. . .
r-
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PROJECT SCOPE OF SERVICES NO.1
Project No.: C03375 Start Date: 1/1/2003
Project Title: Federal Way CDBG Program Administration End Date: 12/31/2003
Contract No.: D32190D Tennination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-
way.wa.us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perform the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to plan and administer the City's CDBG projects in accordance with the
CDBG ICA.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
below. The total amount of reimbursement pursuant to this Scope shall not exceed $64,771.00.
A. County Funds
King County Community Development Block Grant - $64,771.00
Pass-through City Funds
Total County Funds: $64,771.00
B. Line Item Budget
Personnel Services (detail below) $60,921.00
Office or Operating Supplies $250.00
Consultant or ~rchased Services
Communications $1,300.00
Travel and Training $2,300.00
Other (specify below):
Total County Funds: $64,771.00
B. Personnel Detail
Position Title Position Full Time Annual Salary CDBG Funds
Equivalent apd Benefits
CDBG Coordinator 1 FTE $60,256.00 $60,256.00
Administrative Assistant .03 FTE $22,397.00 $665.00
Total: $82,653.00 $60,921.00
Project Scope of Services No..l - Page 1
3-3(P
3)
Project Requirements
The City agrees to perform the following services:
a) Meet with HCD staff in the first quarter of 2003 for training on the HCD Plan's citizen participation
requirements, assessing projects for eligibility and other subjects of interest identified by City staff;
b) Participate in or assist in conducting at least one of the following CDBG Consortium meetings or
workshops:
. Regional Community Facility Preapplication Workshop
. Public meeting on Consolidated Annual Performance Evaluation Report
. Working group to prepare recommendations for allocating Consortium-wide Program Income
. HOME Working Group
. Working group to monitor the performance of the Housing Stability Project and make
recommendations for future years .
. Working group to provide input on the Consortium's Fair Housing Action Plan
. Working group to provide input on the Safe Harbors data system; or
. Working group to develop guidelines for and to rank McKinney homeless funding applications.
c) Ensure CDBG Joint Agreement for 2003-2005 with King County and the King County HOME
Interlocal Cooperation Agreement are followed;
d) Submit completed Pass-through City Certification Form for 2003 to the County by April 30, 2003;
e) Publicize and conduct a public meeting prior to City Council action approving allocation of CDBG
funds to projects. The City shall publish a public notice to advertise the meeting in a newspaper of
general circulation at least two weeks prior to the public meeting. The notice shall include a brief
description of the projects proposed for funding, information on where citizens may obtain detailed
information about the proposed projects and information indicating that citizens may comment on or ask
questions about the proposed projects at the public meeting.
The public meeting shall include an opportunity for citizens to comment on and ask questions about the
projects the City proposes to fund.
The City shall provide copies of the following documents to the County after the public meeting:
.
Public notice and affidavit of publication;
Public meeting agenda and commission, committee or staff report, if any;
Minutes documenting Council action;
Written comments submitted by citizens at the meeting;
Summary of comments made orally by citizens at the meeting, if any; and
Documentation showing that the City considered comments (such as correspondence or minutes).
.
.
.
.
.
t) Notify the County of minor changes, amendments and substantial changes to City funded projects
listed in the Consortium's 2003 Action Plan and, if applicable Action Plans from prior years. Minor
changes, amendments, and substantial changes are defined in the HCD Plan.
. Project Scope of Services No.1 - Page 2
3"- 01
The City shall notify the County in writing of minor changes at least 14 days prior to implementation.
Minor changes that require further environmental review or compliance with other regulations such as
the URA, may not be implemented prior to the County confirming that applicable regulatory
requirements have been met.
The City shall notify the County of amendments and substantial changes prior to publishing a public
notice in a newspaper of general circulation indicating the change and any proposed 'new' use of funds.
The public notice for amendments shall be published at least 14 days prior to Council action. The public
notice for substantial changes shall be published at least 30 days prior to Council action. The City shall
provide copies of the following documents to the County after Council approval of each amendment and
substantial change: .
. Public notice and affidavit of publication;
. Staff report, if any, and Council meeting minutes approving the amendment or substantial change;
. Written comments submitted by citizens regarding amendments and substantial changes, if any;
. A summary of comments made orally by citizens regarding amendments and substantial changes at
meetings, if any; and
. Documentation showing that the City considered comments (such as correspondence or minutes).
g) Provide information to interested citizens, organizations and public officials regarding the City's
CDBG funded activities and the City's process and criteria for awarding CDBG funds;
h) Respond to comments and questions regarding projects assisted with the City's CDBG funds and
. provide copies to the County;
i) Provide technical assistance to nonprofit organizations and other agencies proposing projects for
City CDBG funding prior to Council approval in order to ensure that proposals comply with CDBG
Program Regulations and are consistent with the HCD Plan;
j) Submit completed Summary Sheet and project applications, in formats approved by the County, by
September 22, 2003. Project applications shall be accompanied by records required to document
compliance with CDBG Program Regulations and Consolidated Plan policies applicable to each project.
Such records include, but are not limited to, those required by 24 CFR Part 570.208 to document the
national objective for each project; and
k) If the City allocates CDBG funds for Service Projects that are subcontracted to nonprofit
organizations, the City shall monitor performance under each such subcontract at least once every two
years and prepare a written monitoring report in a format approved by the County. The City shall submit
a copy of each monitoring report to the County with its Final Voucher Request. Such monitoring shall
include at a minimum reviewing Implementing Agency records to ensure compliance with the
subcontract provisions required under Part 1, Section 18 and the record keeping provisions required
under section 4 of each Service Project Scope.
4)
Records
The City shall maintain files for this project containing the following items:
1. Motions, resolutions, and minutes documenting City Council actions relating to the City's CDBG
Pass-through funds.
Project Scope of Services No.1 - Page 3
3-3'6
2. Correspondence regarding budget revision requests.
3. Copies of all invoices and reports submitted to the County for this project.
4. Bills for payment.
5. Copies of approved invoices and warrants.
6. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87. Such records include, but are not limited to:
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time charged against
this project if less than full time;
. For staff travel, documentation of mileage charges for private auto; and
. For copy machine use, postage, telephone use, and office supplies when these costs are
shared with other programs and no invoice is available, log sheets or annotated invoices.
7. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
8. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
5)
Compensation
Total amount of payments pursuant to this Project Scope shall not exceed $64,771.00. The Agency shall
be paid twenty-five percent (25%) $16,192.75, of the total contract compensation quarterly, subject to
the following terms and conditions:
The quarterly voucher invoice shall be accompanied by all reports which fall due during the billing
period according to the requirements listed in 3 a - k. The Program Accomplishment Form should
include a brief narrative listing activity (ies), dates and times the city has chosen to participate in to
comply with Project Requirements listed in 3 a - k, (i.e. participated on HOME work group by attending
a meeting(s) held).
Quarter
Milestones
1 st Quarter January - March:
2002 Project Completion Form;
2nd Quarter April- June:
Specific Reports - Section 3 d)
3rd Quarter July - September:
Specific Reports - Section 3 e) Section 3 j)
4th Quarter October - December:
(due by January 9,2004)
Final Voucher Request
Public Service Project Monitoring Report(s)
Project Scope of Services No. I - Page 4
"3-31
6)
Invoices and Reports
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part I,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form, which will be provided by the County. Such forms shall be signed by
an authorized representative of the City.
The City shall submit with each invoice a completed Program Accomplishment Form.
Project Scope of Services No.1 - Page 5
3-4D
PROJECT SCOPE OF SERVICES NO.2
Project No.: C03389 Start Date: 1/1/2003
Project Title: Federal Way Domestic Violence Victims Advocate End Date: 12/31/2003
Contract No.: D32191D Termination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as ftthe City") shall utilize King County Community
Development Block Grant funds to perform the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide 853 hours of advocacy and 30 referrals to shelter for 355
unduplicated persons. CDBG-funded support will include personnel services (0.4 FTE) and associated
purchased services to support a part-time legal advocate serving victims of domestic violence within the
city of Federal Way. The advocate serves as a victim's guide through the legal system. The goals of the
program are to aid in safety planning for victims, collect informatiOI~ relevant to the persecution of
defendant batterers, and direct victims to other service agencies for needed assistance.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$20,000.00.
A. County Funds
King County Community Development Block $20,000.00
Grant - Pass-through City Funds
Total County Funds: $20,000.00
B. Line Item Budget
Personnel Services (detail below) $20,000.00
Office or Operating Supplies
Consultant or Purchased Services
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds: $20,000.00
C. Personnel Detail
Position Title Position Full Time Annual Salary and CDBG Funds
Equivalent Benefits
DV Advocate .40 FTE $20,000.00 $20,000.00
Total: .40 FTE $20,000.00 $20,000.00
Project Scope of Services No.2 - Page 1
'3~y
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
1't 2Dd 3n1 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY - 0Cf.- Year 2003
MARCH JUNE SEPT. DEC.
No. of unduplicated persons assisted 89 89 89 88 355
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1" 2_d 3n1 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRll.. - JULY- 0Cf.- Year 2003
MARCH JUNE SEPT. DEC.
Hours of advocacy 213 213 213 214 853
Referrals to shelter 7 7 8 8 30
c.
Definition of Services
Hours of advocacy: Represents hours of service given to clients.
Referrals to shelter: When appropriate, an advocate will arrange for a client to enter a domestic violence
shelter.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
Project Scope of Services No.2 - Page 2
3 -If L
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-I22 for nonprofit organizations.
Such records include, but are not limited to:
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
. For staff travel, documentation of mileage charges for private auto use must include: a) odometer
reading at beginning and end of trip, b) destination and starting location, and c) purpose of trip; and
. For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortiurn:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
Unincorporated King County
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part I,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
ReÍ1nbursement Request Form, which will be provided by the County. Such forms shall be signed by
an authorized representative of the City.
Project Scope of Services No.2 - Page 3
3 -Lf5
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County. .
The City shall submit with the [mal invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
Project Scope of Services No.2 - Page 4
3-~~
PROJECT SCOPE OF SERVICES NO.3
Project No.: C03393 Start Date: 1/1/2003
Project Title: Federal Way CHCKC Dental Support End Date: 12/31/2003
Contract No.: D32192D Tennination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: Relli.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide 112 dental visits for 51 unduplicated persons through a
subcontract with Community Health Centers of King County (CHCKC).
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$11,000.00.
A. County Funds
King County Community Development Block Grant - $11,000.00
Pass-through City Funds
Total County Funds: $11,000.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $11,000.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds: $11,000.00
3)
A.
Performance Measures
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
lit 28d 3rd 4'"
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- OCf.- Year 2003
MARCH JUNE SEPT. DEC.
No. of un duplicated persons assisted 20 15 10 6 51
Project Scope of Services No.3 - Page 1
-s-ù
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
rt 2nd 3rd 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- ocr. - Year 2003
MARCH JUNE SEPT. DEC.
Dental visits to Federal Way clients 28 28 28 28 112
c.
Definition of Services
Dental Visits: Dental visits provided to individuals living in Federal Way.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
I. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations.
Such records include, but are not limited to:
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
. For staff travel, documentation of mileage charges for private auto use must include: a) odometer
reading at beginning and end of trip, b) destination and starting location, and c) purpose of trip; and
. For copy m.achine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
Project Scope of Services No.3 - Page 2
3-L/~
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
tó residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona Federal Way Redmond
Beaux Arts Hunts Point Renton
Black Diamond Issaquah Sammamish
Bothell Kenmore Shoreline
Burien Kirkland Skykomish
Carnation Lake Forest Park Snoqualmie
Clyde Hill Maple Valley Tukwila
Covington Mercer Island Woodinville
Des Moines. Newcastle Yarrow Point
Duvall North Bend Unincorporated King County
Enumclaw Pacific
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
12. Documentation of client income. The City will ensure that the agency shall screen all clients
served with funds provided under this Contract and maintain records documenting that at least 51 % of
the total number of clients served do not have a gross annual family income in excess of the limits
specified in the below Income Guidelines for Moderate Income Households (80% and below of
median) with the applicable number of Persons Per Household.
Adjusted gross income as defined by the Internal Revenue Service Fonn 1040 shall be used to detennine
persons' or households' income. The following methods may be used to detennine income eligibility:
. IRS income tax return;
. Client income certification on a fonn approved by the County; or
. Documentation of qualification for participation in a "means-tested" federal or state program
at least as restrictive as CDBG with regard to Income Guidelines.
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of
median)
Low Income (below $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
50% of median)
Extremely Low $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
Income (below 30%
of median)
Project Scope of Services No.3 - Page 3
-:)'-Yl
Income guidelines may be adjusted periodically by HUD. The City agrees to use updated Income
Guidelines which will be provided by the County.
5)
Invoices
The City shall submit invoices to the County witlÍin 20 business days after the end of the fITst, second
and third quarters. The City shall submit its fmal invoice to the County in accordance with Part 1,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such forms shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
7)
Subcontracted Services
The City shall execute written agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into such subcontracts all applicable
provisions of this Contract.
The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs
paid by the City for goods, materials or services already provided. The City shall invoice the County
after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing
Agency's invoice with the invoice submitted to the County. The City shall ensure that all costs for which
the Implementing Agency requests reimbursement are àllowable in accordance with OMB Circular A-
122 for an Implementing Agency that is a nonprofit corporation or OMB Circular A-87 for an
Implementing Agency that is a municipal corporation or an agency of the State of Washington.
If the Implementing Agency expends $300,000 or qtore in Federal funds annually, the City agrees to
ensure that the nonprofit agency is audited in compliance with OMB Circular A-B3 (Audits of States,
Local Governments, and Nonprofit Organizations). The City sha~l review audit reports submitted by the
nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are
resolved within six months of the date of the audit report.
Project Scope of Services No.3 - Page 4
3-YY>
PROJECT SCOPE OF SERVICES NO.4
Project No.: C03406 Start Date: 1/1/2003
Project Title: Federal Way YMCA CARES Child Care End Date: 12/31/2003
Subsidy Program Support
Contract No.: D32193D Tennination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: kelli.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide 248 childcare days for 38 low- and moderate-income
residents within the service area of the Federal Way Public Schools, through a subcontract with the'
Federal Way Nonnan 'Center YMCA. CDBG funds will support the CARES Childcare Subsidy
Program, which provides financial relief for low- and moderate-income families in need of affordable
before- and after-school childcare.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$39,140.00.
A. County Funds
King County Community Development Block Grant - Pass- $39,140.00
through City Funds
Total County Funds: I $39,140.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $39,140.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds $39,140.00
Project Scope of Services No.4 - Page 1
3~Yf
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
lit 2.d 3rd 4tb
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- 0Cf.- Year
MARCH JUNE SEPT. DEC. 2003
No. of unduplicated persons assisted 10 9 9 10 38
A.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
lit 2.d 3rd 4tb
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- 0Cf.- Year 2003
MARCH JUNE SEPT. DEC.
Child Care Days 500 500 500 500 2,000
c.
Definition of SerVices
Child care days: The number of days care is provided out of the total number of days care is available
during the reporting period.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
Project Scope of Services No.4 - Page 2
3-50
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations.
Such records include, but are not limited to:
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
. For staff travel, documentation of mileage charges for private auto use must include: a) odometer
reading at beginning and end of trip, b) destination and starting location, and c) purpose of trip; and
. For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
Unincorporated King County
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
12. Documentation of client income. The City will ensure that the Agency shall screen all clients
served with funds provided under this Contract and maintain records documenting that each client
served does not have a gross annual family income in excess of the limits specified in the below
Income Guidelines for Moderate Income Households (80% and below of median) with the applicable
number of Persons Per Household.
Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to determine
persons' or households' income. The following methods may be used to determine income eligibility:
.
IRS income tax return;
Client income certification on a form approved by the County; or
.
Project Scope of Services No.4 - Page 3
~--;51
. Documentation of qualification for participation in a "means-tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
(below 80% of ,
median)
Low Income $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
(below 50% of
median)
Extremely Low $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
Income
(below 30% of
median)
Income guidelines may be adjusted periodically by BUD. The City agrees to use updated Income
Guidelines which will be provided by the County.
5)
Invoices
The City shall submit invoices to the County within 20 business. days after the end of the first, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part 1,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such forms shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
7)
Subcontracted Services
The City shall execute written agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into such subcontracts all applicable
provisions of this Contract.
The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs
paid by the City for goods, materials or services already provided. The City shall invoice the County
after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing
Agency's invoice with the invoice submitted to the County. The City shall ensure that all costs for
which the Implementing Agency requests reimbursement are allowable in accordance with OMB
Circular A-122 for an Implementing Agency that is a nonprofit corporation or OMB Circular A-87 for an
Implementing Agency that is a municipal corporation or an agency of the State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the City agrees to
ensure that the nonprofit agency is audited in compliance with OMB Circular A-B3 (Audits of States,
Project Scope of Services No.4 - Page 4
3' -5 Z-
Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the
nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are
resolved within six months of the date of the audit report.
Project Scope of Services No.4 - Page 5
3"~S5
PROJECT SCOPE OF SERVICES NO.5
Project No.: C03257 Start Date: 1/1/2003
Project Title: Federal Way Emergency Feeding Program End Date: 12/31/2003
Contract No.: D31461D Tennination Date: 12/31/2003
Project Manager: Wendy DeRobbio
Contact Person: Kelli O'Donnell .
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: ke lli. odonne ll@ci.federal-
way.wa.us
City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules
and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide nutritionally balanced and culturally sensitive food packs to
320 Federal Way residents in emergency hunger situations through a sub-contract with Emergency
Feeding Program.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed $5,000.00.
A. County Funds
King County Community Development Block Grant - $5,000.00
Pass-through City Funds
Total County Funds: $5,000.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $5,000.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds $5,000.00
C. Personnel Detail
Position Title Position Full Time Annual Salary and CDBG Funds
Equivalent Benefits
Operations Coordinator .16 $31,342.88 $5,000.00
Total .16 $31,342.88 $5,000.00
Project Scope of Services No.5 - Page I
3-91
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
¡st rd 3rd 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- 0Cf.- Year 2003
MARCH JUNE SEPT. DEC.
No. of un duplicated persons assisted 80 80 80 80 320
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1st rd 3rd 4th
Quarter Quarter Quarter Quarter Total in
JAN. - APRIL- JULY- OCf.- Year 2003
MARCH JUNE SEPT. DEC.
Meals 448 448 448 448 1,792
c.
Definition of Services
Meals = Total number of meals provided to unduplicated service recipients.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations.
Such records include, but are not limited to: .
Project Scope of Services No.5 - Page 2
-=s - 55
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
. For staff travel, documentation of mileage charges for private auto use; and ,
. For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County. CDBG
Consortium:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
Skykomish
Snoqualmie
TukwiIa
Woodinville
Yarrow Point
Unincorporated King County
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
5)
Invoices
The City shall submit invoices to the County within 20 business days after the end of the fITst, second
and third quarters. The City shall submit its fmal invoice to the County in accordance with Part 1,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such forms shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
Project Scope of Services No.5 - Page 3
-3- 3{¡;
PROJECT SCOPE OF SERVICES NO.6
Project No.: CO3258 Start Date: 1/1/2003
Project Title: Federal Way Senior Center, Adult Day Care End Date: 12/31/2003
Contract No.: D31462D Termination Date: 12/31/2003
Project Manager: Wendy DeRobbio
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253)661-4048 Email: kelli.odonnell@ci.federal-way.wa:us
The City of Federal Way (hereinafter referred to as "the City") shall utilize King County
Community Development Block Grant funds to perform the activities specified below. Such services
shall be provided in a manner which fully complies with all applicable federal, state and local laws,
statutes, rules and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide adult day care for low-income senior citizens experiencing
dementia/Alzheimer disease through a sub-contract with Federal Way Senior Center.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$12,500.00.
A. County Funds
King County Community Development Block Grant - Pass- $12,500.00
through City Funds
Total County Funds: $12,500.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $12,500.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds: $12,500.00
C. Personnel Detail
Position Title Position Full Time Annual Salary CDBG Funds
Equivalent and Benefits
Adult Day Care Coordinator .67 $18,720.00 $12,500.00
Total: .67 $18,720.00 $12,500.00
Project Scope of Services No.6 - Page 1
3-J"l
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
1"1 2nd 3rd 4111
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY- ocr.- Year 2003
MARCH JUNE SEPT. DEC.
No. of unduplicated persons assisted 3 2 I 0 6
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1st 2nd 3rd 4111
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY - ocr. - Year 2003
MARCH JUNE SEPT. DEC.
Days of Care 102 292 356 324 1,074
c.
Definition of Services
Days of Care = The total number of days of care provided to the unduplicated persons assisted.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-122 for nonprofit organizations.
Such records include, but are not limited to: .
Project Scope of Services No.6 - Page 2
3-5<6
. For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
. For staff travel, documentation of mileage charges for private auto use; and
. For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
5)
Invoices
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
Unincorporated King County
The City shall submit invoices to the County within 20 business days after the end of the fITst, second
and third quarters. The City shall submit its final invoice to the County in accordance with Part 1,
Section 3C. The City shall submit invoices to the County in the form of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such forms shall be signed by
an authorized representative of the City.
6)
Reports
The City shall collect and report client information to the County quarterly and annually on a Program
Accomplishment form, in a format provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a format provided by
the County, itemizing all funding used for the project.
Project Scope of Services No.6 - Page 3
3-51
PROJECT SCOPE OF SERVICES NO.7
Project No. C03259 Start Date: 1/1/2003
Project Title: Federal Way PACT End Date: 12/31/2003
(parents and Children Together)
Contract No.: D31463D
Project Manager: Wendy DeRobbio Tennination Date: 12/31/2003
Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Email: ke IlL odonne ll(âJci.federal-
way.wa.us
The City of Federal Way (hereinafter re~erred to as "the City") shall utilize King County
Community Development Block Grant funds to perfonn the activities specified below. Such services
shall be provided in a manner which fully complies with all applicable federal, state and local laws,
statutes, rules and regulations, as are now in effect or may be hereafter amended.
1)
Project Summary
The City shall use CDBG funds to provide in-home counseling, skill building and support services to
high risk children and their families in Federal Way through a sub-contract with Institute for Family
Development.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed $8,000.00.
A. County Funds
King County Community Development Block Grant - Pass- $8,000.00
through City Funds
Total County Funds: $8,000.00
B. Line Item Budget
Personnel Services (detail below)
Office or Operating Supplies
Consultant or Purchased Services $8,000.00
Construction Contracts
Communications
Travel and Training
Other (specify below):
Total County Funds: $8,000.00
B. Personnel Detail
Position Title Position Full Time Annual Salary and CDBG Funds
Equivalent Benefits
In-Home Therapist .10 $42,310.02 $4,231.40
Program Manager/Supervisor .02 $51,176.14 $1,023.68
Secretary .02 $27,423.73 $548.02
Data Mánager .008 $33,269.72 $266.64
Project Scope of Services No.7 - Page 1
-s~o
I Total:
$154,179.61 I
$6,069.741
.148
3)
Performance Measures
A.
Number Served
The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds:
1st rd 3rd 4th
Quarter Quarter Quarter Quarter Total in
JAN.- APRIL - JULY - OCf.- Year 2003
MARCH JUNE SEPT. DEC.
No. of unduplicated persons assisted 2 2 3 1 8
B.
Units of Service
The City agrees to provide, at minimum, the following units of service by quarter:
1st Quarter 2nd 3rd 4tb
JAN.- Quarter Quarter Quarter Total in
, MARCH APRIL - JULY- 0Cf.- Year 2003
JUNE SEPT. DEC.
Hours in In-Home Family Counseling, 20 60 40 20 140
Skill Building, Support Hours
c.
Definition Services
Total number of client service hours includes individual and family counseling, skill building, support,
advocacy, travel time, collateral and documentation.
4)
Records
A.
Project Files
The City shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the County's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
Project Scope of Services No.7 - Page 2
3~ to I
8. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Circular A-87 for local governments and A-I22 for nonprofit organizations.
Such records include, but are not limited to:
For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project if less than full time;
For staff travel, documentation of mileage charges for private auto use; and
For copy machine use, postage, telephone use, and office supplies when these costs are shared
with other programs and no invoice is available, log sheets or annotated invoices.
.
.
.
9. Documentation ofthe solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any' funds provided under this Scope are used to
acquire equipment.
11. The City shall ensure that services provided with funding under this Contract are made available
to residents of the following jurisdictions that are participating in the King County CDBG
Consortium:
Algona
Beaux Arts
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall .
Enumclaw
Federal Way
Hunts Point
Issaquah
Kenmore
Kirkland
Lake Forest Park
Maple Valley
Mercer Island
Newcastle
North Bend
Pacific
Redmond
Renton
Sammamish
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
Unincorporated King County
Services provided with funding under this Contract may be limited to residents of one or more of the
above-referenced jurisdictions.
12. Documentation of client income. The City will ensure that the Agency shall screen all clients
served with funds provided under this Contract and maintain records documenting that at least 51 % of
the total number of clients served do not have a gross annual family income in excess of the limits
specified in the below Income Guidelines for Moderate Income Households (80% and below of
median) with the applicable number of Persons Per Household.
Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to determine
persons' or households' income. The following methods may be used to determine income eligibility:
.
IRS income tax return;
Project Scope of Services No.7 - Page 3
-S --<0 L
.
Client income certification on a fonD approved by the County; or
Documentation of qualification for participation in a "means-tested" federal or state program
at least as restrictive as CDBG with regard to Income Guidelines.
.
2002 INCOME GUIDELINES
Persons Per Household
1 2 3 4 5 6 7 8
Moderate Income (below $38,100 $43,500 $48,950 $54,400 $58,750 $63,100 $67,450 $71,800
80% of median)
Low Income(below 50% $27,250 $31,150 $35,050 $38,950 $42,050 $45,200 $48,300 $51,400
of median)
Extremely Low Income $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850
(below 30% of median)
Income guidelines may be adjusted periodically by BUD. The City agrees to use updated Income
Guidelines which will be provided by the County.
5)
Invoices
The City shall submit invoices to the County within 20 business days after the end of the first, second
and thírd quarters. The City shall submit its final invoice to the County in accordance with Part I,
Section 3C. The City shall submit invoices to the County in the fonD of a CDBG Program Voucher
Reimbursement Request Form which will be provided by the County. Such fOnDS shall be signed by
an authorized representative of the City.
6)
Reports
. /
The City shall collect and report client infonnation to the County quarterly and annually on a Program
Accomplishment form, in a fonnat provided by the County.
The City shall submit with the final invoice a Project Funding Report form, in a fonnat provided by
the County., itemizing all funding used for the project.
7)
Subcontracted Services
The City shall execute written agreements with each city with which it subcontracts to provide services
(hereinafter "Implementing City") and shall incorporate into such subcontracts all applicable provisions
ofthis Contract.
The City shall invoice the County for due and payable invoices of the Implementing City or for costs
paid by the City for goods, materials or services already provided. The City shall invoice the County
after the Implementing City has invoiced the City. The City shall include a copy of the Implementing
City's invoice with the invoice submitted to the County. The City shall ensure that all costs for which
the Implementing City requests reimbursement are allowable in accordance with OMB Circular A-122
for an Implementing City that is a nonprofit corporation or OMB Circular A-87 for an Implementing
City that is a municipal corporation or an city of the State of Washington.
Project Scope of Services No.7 - Page 4
3" ~(p 3
If the Implementing City expends $300,000 or more in Federal funds annually, the City agrees to ensure
that the nonprofit city is audited in compliance with OMB Circular A-l33 (Audits of States, Local
Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the
nonprofit city as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are
resolved within six months of the date of the audit report.
Project Scope of Services No.7 - Page 5
-:s -<ø y
PROJECT SCOPE OF SERVICES NO.8
,
Project No.: C02364 Stilrt Date: 10/09/2002
Project Title: Federal Way 23rd A venue S. Street Improvements End Date: 12/31/2003
Contract No.: D31335D Tennination Date:
12/31/2003
ProiectManager: Eric Jensen
Contilct Person: Kelli O'Donnell
Telephone: (253) 661-4153 Fax: (253) 661-4048 Emai1: kelli.odonnell~ci.federal-way.wa.us
.City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community
Development Block Grant funds to perfonn the activities specified below. Such services shall be
provided in a manner which fully c.O!TIplies with all applicablefedç¡:al, state and localla.ws~ ~tatute~,rules
and regulations, as are now in efféd or may be hereafter amended. . "
1)
Project Summary
The Agency shall use CDBG funds for traffic signal and crosswalk improvements for the intersection of
23rd Avenue South and South 314th Street. Funds will be used for the installation of a fully actuated red-
yellow-green traffic signal and crosswalks on all legs of the intersection as well as removal of the existing
yellow flashing signal lights.
2)
Project Budget
The City shall apply the following County funds to the project in accordance with the Line Item Budget
Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed
$195,000.00.
A. County Funds
King County Community Development Block Grant - $195,000.00
County and Small Cities Funds
Total County Funds: $195,000.00
B. Line Item Bud!!et
'personnel Services (detilil below)
Office or Operating Supplies
Environmentill Review Fees $157
Consultant or Purchased Services $37,000
Construction Contracts $152,843
Communications
Travel and Training
Other (specify below): $5,000
Inspection
Total County Funds $195,000.00
Project Scope of Services No.8 - Page 1
3,-lo S
3) Project Schedule
The Agency shall implement the project in accordance with the following schedule:
Task
Projected Completion Date
Desi
D.esi
BidS
Bid nin
Preconstruction Conference
Notice to Proceed
CoIÌ1>tructio~ 50% Com lete
. Construction-: Com lete
Release Retaina e
A rit 2003
Jul 2003
Jut 2003
Se tember 2003
October 2003
Janua . 2004
March 2004
Ma' 2004
June 2004
.' .- - -:-",
4) Records
A. Project Files
The Agency shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Councilactioris.
3. A copy of this Scope and the County's notice to proceed on this project.
4. - Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the County for this project.
6. Bills for payment.
7. Copies of approved invoices and wanants.
8. Payroll time sheets for actual salary and fringe benefit costs. Time sheets must be signed by a
supervisor and annotated to document percent of time charged against this project ifless than full
time.
9. Documentation, such as log sheets, of copy machine use, postage, telephone use, and office supplies
when these costs are shared with other programs and no invoice is available. As an alternative,
annotated invoices may be used to document charges as appropriate.
10. Documentation of mileage charges for private auto use.
11. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts. -
5) Invoicing
The Agency shall submit invoices and reports to the County in accordance with the following schedule:
. Invoices shall be submitted within. 10 business days after the end of each quarter in which the Agency
incurs costs reimbursed under this Contract.
. The Agency shall submit invoices to the County in the fonD of a CDBG Program Voucher
Reimbursement Request fonD. Such fonns shall be signed by an authorized representative ofthe
- Agency. .
. Invoices shall include copies of supporting documents
Project Scope of Services No.8 - Page 2
3-t{p
6) Reporting
a) Program Accomplishment Form Quarterly
The Agency shall submit a Program Accomplishment FoÌm in a format provided by the County within
ten (10) business days after the end of each quarter.
b) . Project Funding Report
The Agency shall submit a Project Funding Report form in a format provided by the County with the final
invoice.
7) County reviewand_~pproval of procurement documents
;
The Agency shall submit~-dni.ft of the following procurem~Iit documents to the County fofTeŸiew and
approval at least fifteen (15) days prior to preparirigthe final version and advertising or soliciting
responses for any type of service including, but not limited to, professional services and construction
semces:
.
construction bid specifications;
invitation to bid;
request for proposals; and
request for qualifications.
.
.
.
The draft procurement documents shall include provision~ required by this Contract. The Agency shall
specify the location in the draft procurement document of each of the required provisions.
The Agency shall not prepare a final version of any of the above documents and advertise or solicit
responses without the written approval of the County.
8) Construction Project Requirements
The Agency shall not authorize any work under a construction contract assisted in whole or in part under
this Contract to proceed until and unless King County Housing and Community Development Program
staff have presented each prime contractor with detailed information regarding compliance with CDBG
Program Regulations including, but not limited to, federal labor standards, at a preconstruction
conference. -
The Agency shall include in construction bid specifications and construction contracts assisted in whole
or in part under this Contract, provisions requiring each prime construction ~ontractor to submit a
completed King County Final Affidavit of Amounts Paid to the County. The form, to be provided by the
County, shall be submitted by the Agency to the County prior to the Agency's release of retain age to each
prime contractor.
The County shall retain ten percent (10%) of the amount offunds provided under this project Scope. The
County shall disburse the retained amount upon the County's verification that the Agency has complied
with the provisions of this Contract that are applicable to construction contracts.
9) Compliance with Section 7 of the Endangered Species Act - "Urban In-Fill No Effect
Determination
The County has determined that the project which is the sllbject of this Scope will not affect species listed
pursuant to the Endangered Species Act. The County's determination is based on information submitted
to the County by the Agency and set forth in the "Urban In-Fill No Effects Determination" which is
attached to this project Scope and incorporated by reference into this Contract. The Agency agrees that
Project Scope of Services No.8 - Page 3
~ ~<.o "-)
the information contained in the attached Detennination, including the Project Description, is accurate
(Attächment 1).
10) Project Funding Sign During Construction
The Agency shall include the following phrase on any sign erected during construction to identify funding
sources used for the project:
Fundingfor this project was provided by King County's Community Development Block Grant Program.
Project Scope of Services No.8 - Page 4
--:s -~ ~
Attachment 1
8
KING COUNTY '
King County Executive
Endangered Species Act Policy
Coordination Office
King Street Center
201 South Jackson, 7'" Floor
Seattle, WA98104-3855 '
(206) 296-3784
Urban In,,-fill No Effect Project Biological Evaluation
. .: "-Urban In-fill projects are located-iil highly urbanized areas wheriimpervious surfaces are extensivéand
. . storm-water collection andtreatmehUs established. ' ,
"
Date:
'prql:.Name:
August 20, 2002
, .
Federal Wav--23~Äve. South StreetlmptäVêrn"ént..
'. ' ":::"'..",', , , ,. ',., "'",,", , ,
..
P:tôÍëct #:
Project #CO2364: ~
, ,
Prþj~t Description: The prbjèbtóonsists of replacingabHnkfrig yellow crosswalk IightWifh a
,gr~~n-yellow-red traffi,c signal. N°r1ew impervious sy,rfgce will'bE? added.
'.~ '"....-'" . .. ' , c' .,,'..
, " ' ,;~, "",
, ,
P{.oject location & proximity to-,water: The project is ~ocatedoh 23rd Ave S at S. 314th:St in
Federal Way (see Figure ,1 '&.2). The distance to the ñe.a:rØstbody of water,SteelLake,Js
approximately 2,000 feet (Fi9':j_~.&'Fig. 4). The di$tance~ó;:~ttehearest source of cb,Q\Î~Y.i(lg
, ,,~é1ter,MiII Creek, is approximately 5,200 feet (Fig.AtT.h¥iproject is located in the Hylebos
-~J~fê~KDrainage Basin (Fig.Sr'" " ',"_.' , " -.U,
Proj~ct Action Area: The project "Action Area" includes "aÍ.\areas potentially affecteddJreCtly or
~. 1"1l9Jrectly by the proposed activities or by activities thatarêJnter-related and/or interdependent
with the proposed activities. Further analysis of potentia1.impacts to ESA-listed and proposed
species is then focused on habitats and listed species that may be present inside the described
Action Area. By definition, 00 impacts are expected to occur outside the described ActiQn Area.
For the proposed activities, the Action Area includes all ground or pavement that may be
disturbed by construction activities and, all surfaces downslope from ground-disturbing .activities
as far as the stormwater containment and/or spill containment-barriers, whichever is further
downslope. ' ' ,
Pre-CoQstruction Site Conditions: The project is located in the City of Federal Way at a p(e-
existing yellow crosswalk signal.
Treatment of water run-off during con~truction and storm water during and after
construction from the site: There is an existing 30" pipe underground conveyance system
along 23rd Ave S. On-site within the right-of-way, there is an existing storm drainage
conveyance system along 23rd Ave S. The project will be located approx. 20' next to ()f over the
top of an existing storm drainage conveyance system on 23rd Ave S. The project location is
approx. 800' from the nearest storm drainage treatment facility, Cratsenberg Pond. Federal Way
uses King County Standards for storniwater runoff. '
-s-~\
Date: August 20, 2002
Proj. Name: Federal Way 23m Ave. South Street Improvement
Project #: C02364
'Location of listed species: Ther~ are no listed species within the range of effects of this
project. .
Effect Determination: This project as- described will have NO EFFECT on listed species or
thèjrérjtièa.l habitat.
-.-
-:'
---
. -
2
3-70
Date
~
--Í
. 2003 CDBG Use of Funds Adopted September 17,2002
Project/Program
Public Services
City of Federal Way - City Attorney's Office [1]
Federal Way Domestic Violence Unit
Community Health Centers of King County
Federal Way Dental Access
Emergency Feeding Program [1]
Federal Way Emergency Feeding Program
Federal Way Norman Center, YD/LCA
CARES Childcare Subsidy Program
Federal Way Senior Center [1]
Adult Day Care & Nutrition
Institute for Family Development [1]
PACT (Parents and Children Together)
Hearing, Speech .& Deafness Center (HSDC) [1]
Parent-Infant-Program (PIP: Parent Support Program)
Public Services Sub-totals
City of Federal Way - Human Services
PlanninQ and Administration
Planning and Admin. Sub-totals
TOTAL REQUESTS
[1] See attached conditions recommended by the staff.
10/09/20028:52 AM
$
Request
$
$
$
$
$
12,031
$
$ 126,524
$
$ 66,056
$ 792,580
Proposed
City CDBG Funding Strategy & Project Description
$
20,0001#3: Address human service needs
Funds are requested for a part-time domestic violence victim
advocate, and a part-time investigator.
11,0001#3: Address human service needs
Funds will be used to provide operative, preventative, restorative,
and emergency dental care to low- and moderate-income Federal
Way residents.
5,0001#3: Address human services needs
Provide nutritionally balanced and culturally sensitive food packs to
Federal Way residents in emergency hunger situations.
$
$
$
39,1401#3: Address human service needs
The grant will be used to provide childcare scholarships for low to
moderate-income families in Federal Way who need quality
childcare for their school age children.
12]õõ1 #3: Address human service needs
The grant would fund additional meals for low-income seniors and
additional services for senior citizens experiencing
dementia/Alzheimer disease.
$
$
8,0001#3: Address human service needs
Funds will be used to deliver in-home counseling, skill building and
support services to high risk children and their families in the City of
Federal Way.
-, #3: Address human service needs
Funds will be used to underwrite the parent support group of PIP,
which includes group and individual counseling as well as
necessary interpreter services.
95,640 available to allocate est. as of 7/15/02 - $95,640
64,771 #3: Activity 4: Administer City's CDBG program.
Funds will support grant administration and special planning
projects.
64,771 avallable to allocate. est. as of7/15/02 - $64,771
(Additional funds requested out of capital)
727,6.641$727,664 - Total available to allocate per 7/15/02 estimate
»
:::::
Q)
(')
::T
3
CD
:::J
.....
N
$
Project/Program
2003 CDBG Use of Funds Adopted September 17,2002
City CDBG Funding Strategy & Project Description
Capital Projects
Friends of Youth [1]
Griffin Home Rehab
FUSION - FWCCN [2]
Transitional Housing Homeless Women & Children
Children's Therapy Center [1]
Building Addition
City of Federal Way - Thompson Property [3]
Neighborhood Park Development
Community Housing Assistance Program [1]
Ocean Ridge Apartments Child Care
Federal Way Housing Repair Program
Emergency Grants, Deferred Payment & Affordable
Monthly Payment Home Repair Loans
Federal Way. Additional Planning & Administration
Administration of Federal Way CDBG
Program/Consolidated Housing and Community
Development Plan
Unallocated Capital Funds
Capita/ Projects Sub-totals
Request
Max Request
Min. Request
$ 15,000
$ 15,000
$
$
$
$
$
$
$
$
$
$
$
$
Max.¡ $
Min. $
600,000
280,000
$
15,0001#1: Develop a range of housing opportunities
Renovation of McEachern House - one of two houses at the Griffin
Home site that has served teenage boys for 30 years.
207,2541#1: Develop a range of housing opportunities
Funds will be used to purchase two condominiums for housing
families in transition in the Federal Way community.
$
$
30,0001#3: Address human seNice needs
Funds will be used for construction costs of a building addition that
will enable CTC to meet the large and growing demand for
intervention services.
75:õõõ1#2: Strengthens City's infrastructure and stimulate economic
development
Funds to develop the Thompson Property neighborhood park to
serve the immediate area at the 2200 block of South 333rd Street.
$
$
99,9991#3: Address human seNÍce needs
Funds will be used for construction costs of an affordable childcare
facility in Federal Way serving up to 20 children ages 0-
Kindergarten.
120,0001#3: Address human seNice needs
Emergency grants, affordable monthly payment loans and deferred
payment housing repair loans for low- and moderate-income
homeowners.
$
$
20,0001#3: Address-human seNice needs
Funds will be used to administer the City's CDBG program and be
applied towards the cost to prepare a Consolidated Housing and
Community Development Plan for Federal Way
$
567,2531 available to allocate - $567,253 (7/15/02 estimate)
(2003 CDBG estimate + recaptured funds see allocation worksheet)
[1] See attached conditions recommended by the staff
[2] This project includes $107,254 of 2003 CDBG funds and the reallocation of $100,000 from the following projects: 1) $75,000 Washington State Youth.Soccer Assoc. Project (CO0412) canceled by
applicant 12/01; 2) $25,000 from the DAWN Shelter Expansion (C02924) canceled by applicant 2/02.
[3] Eligible as economic development. Fifteen percent of the annual CDBG allocation will be targeted toward projects categorized under this category ($82,770).
'íi
-'
~
lOIO9f20r
-2 AM
Attachment 3
Adopted 09/17/02
CITY OF FEDERAL WAY
2003 CDBG CONTINGENCY PLAN
The allocation process for 2003 Community Development Block Grant (CDBG) funds is based upon an
estimate of what funds will be available that year. The City will not be informed of its exact grant amount
until December 2002. For this reason, the allocation process includes a contingency plan. The plan allows
for adjustment up or down based upon the final grant amount.
SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE:
Capital Projects -- The City will apply the increase in the amount of CDBG funds as follows:
~ If additional funds are received, funds will be carried over to the 2004 CDBG program year unless
the Human Services Commission requests new applications for funds and/or additional Council
action is taken to allocate funds.
Public Service Programs - The City will apply the increase in the amount of CDBG funds as follows:
~ Any additional funds will be allocated proportionately to:
(1) Institute for Family Development - PACT (Parents and Children Together) to the requested level
of $12,031, then to
(2) Federal Way Norman Center, YMCA - CARES Childcare Subsidy Program to the request~d
level of $55,693.
~ If additional funds are received, funds will be carried over to the 2004 CDBG program year unless
Human Services Commission requests new applications for funds and/or additional Council action is
taken to allocate funds.
Planning and Administration - The City will apply the increase in the amount of CDBG funds as follows:
~ Any additional funds for planning and administration activities will be allocated to Planning and
Administration to cover existing administrative costs for Federal Way's CDBG program. Funds not
needed for administration of Federal Way's CDBG program will be applied toward the costs of
developing a Consolidated Housing and Community Development Plan.
SHOULD THE GRANT AMOUNT DECREASE:
Capital Projects - The City will decrease the amount of CDBG funds allocated for capital projects as
follows:
~ The first $82,254 of decreases will be made to Fusion - FWCCN - Transitional Housing for
Homeless Women & Children; and
~ Any additional decreases will be made to all' 2003 CDBG Capital Projects except Fusion - FWCCN
- Transitional Housing for Homeless Women & Children; in proportion to the percentage decrease
in grant funds. These projects are: Friends of Youth-Griffin Home Rehab; Children's Therapy
Center - Building Addition; City of Federal Way - Thompson Property - Neighborhood Park
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Adopted 09117/02
Development; Community Housing Assistance Program - Ocean Ridge Apartments Child Care;
Federal Way Housing Repair Program; and, Federal Way - Additional Planning & Administration.
Public Service Programs - The City will decrease the amount of CDBG funds allocated for public service
programs as follows:
~ Decreases will be made to all 2003 public service programs in proportion to the percentage
decrease in grant funds. These programs are: Community Health Centers of King County - Dental
Access Program, City of Federal Way, City Attorney's Office - Domestic Violence Unit; Federal Way
Norman Center, YMCA - CARES Child Care Subsidy Program; Emergency Feeding Program -
Federal Way Emergency Feeding Program; Federal Way Senior Center - Adult Day Care; and,
Institute for Family Development - PACT (Parents and Children Together).
Planning and Administration - The City will decrease the amount of CDBG funds allocated for CDBG
planning and administration as follows:
~ Funding for planning and administrative activities will be decreased.
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