PRHSPSC PKT 04-18-20020�--D
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Monday, April 8, 2002
4:00 p.m.
A d'VNT" A
1. CALL TO ORDER
2. PUBLIC FORUM
3. COMMISSION COMMENTS
4. APPROVAL OF March 25, 2002 SUMMARY
5. COMMITTEE BUSINESS
City Hall
Mt. Baker Conference Room
A. Federal Way Police and Department of Corrections Co -Location Information Kirkpatrick
\� B. 2002 IAC Grant Resolution Action Jainga
C. Special 2002 CDBG Proposed Use of Funds and Conditions of
Funding Action Pettingell
D. Authorization to Enter into Contracts with King
\� County and Recipients of Federal Way 2002 CDBG Public
Service funds Action O'Donnell
6. PENDING ITEMS
7. NEXT MEETING — Monday, May 13, 2002
S. ADJOURNMENT
Committcc '_Members: Staff:
Linda Kochmar, Chair Jennifer Schroder, Director
Mart Gates Ntarv_ Jaenicke, Administratite Assistant
alike Park 661-4041
City of Fcdcral Way
City Council
PARKS _Ith;(, IZh:A�hIUN, Iif�.�1��N SERVICES �&COl1\C11._('O11MMITTEE
- ---Mond.iv, March 2�, )002 -------
12:00 p.m.
SUMINIARY
In attendance: Council Committee members Chair Linda Kochmar, Mary Gates and Michael Park, Mayor Jeanne
Burbidge. Staff: Donna Hanson, Assistant City Manager, Anne Kirkpatrick, Chief of Public Safety, Bob Sterbank,
City Attorney, Pat Richardson, Deputy City Attorney, Kelli O'Donnell, CDBG Coordinator, Jennifer Schroder,
Director of Parks, Recreation and Cultural Services, Mary Faber, Superintendent of Recreation and Cultural
Services, Leslie Ryan -Connelly, SWM Water Quality Specialist, and Mary Jaerucke, Parks and Recreation
Administrative Assistant.
Guests: Len Zickler, Vice -Chair Parks and Recreation Commission, Donna Welch, Chair Arts Commission, Karen
Pettingell, Chair Human Services Commission, Tom Dugan, Oxford House representative, Joann Piquette, Federal
Way Coalition of Performing Arts, Janice Hougen Compass Center and Twin Lakes residents: Bonnie Massey,
Myla Montgomery, Faith Noble, Judy and Larry Brooks, Judith Adams and Judy Carlson.
Chair Kochmar called the meeting to order at 4:05 p.m.
Council Member Park moved to amend the agenda. Business item D has been changed to Second Amendment to
the Yakima County Jail Interlocal Agreement. Chair Kochmar seconded. Motion Passed.
PUBLIC FORUM
Judy Carlson asked why the tapes of the City Council meetings are not being played on the City's TV channel.
Sterbank stated he would check with Mehdi Sadri, whom is the Information Systems Manager for the City.
Myla Montgomery stated that at the last Council meeting they were told the City would have answers to the
questions that were submitted. Sterbank responded that they are still in the midst of reviewing the questions, and
are in the process of preparing answers. Sterbank also noted that he had received a letter today from Phil Talmadge,
a lawyer representing the Twin Lakes Home Owners Association. Sterbank needs to review that letter, and review
the questions that they have received, and make a determination of whether it is appropriate to continue to answer
questions in the public forum, or to confine the discussion from lawyer to lawyer because of the letter received.
Sterbank will be meeting with the City Manager, to discuss this issue. Sterbank stated he would either have a
response to the questions that have been asked, or there may be another response in light of the letter received from
Mr. Talmad�-,e.
Montgomery asked why the City doesn't do a reasonable acconunodation analysis. Sterbank answered the City's
decision on the reasonable accommodation is the August 3, 2001 letter from the Community Development
Department. It is a letter from Deb Barker. Montgomery stated the letter did not look like an analysis; it looked
more like a statement. Council member Park stated that we would need to review the letter from Mr. Talmadge, and
decide whether or not it is appropriate to communicate with each individual resident. Park stated that at this time
Sterbank would review the letter and determine later on.
CO.M.MISSION_ COMMENTS
Karen Pettin,-�cll, Chair of the Human SCrvices ComnIiSsion stated that the commi"sion i; having, an open hearing- on
Special CDB(I grants, Tlic heariM! IS scheduled foo AV'ednesdav, March 27, T00pnn in Council Chamhers. Alter this
mcetin'-, the rsonulundations \\ ill he hrow-dit to the Parks. Recreation, l luman Scn ices. and Puhhc Salc(y
Colllmlttec.
A1111ROVA1. OF SI )IMAR1
Council number Cates and Council ntentber Park approved file February 11 nneetiuo minutes as revised.
PARKS, RECREATI0N, IIUtIN1EAN SERVICES
& PUBLIC SAF1:" N COUNCIL CON11Ml"ITEE'
Niondav, March 25 Sulmnarw
faoe2
BUSINESS ITE'IIN S
Oxford House South Update
KCIII O'Donnell introduced Janice IJougen from the Compass Center. Janice was inv iced to "i%'c a brief update on
the Oxford House.They held a conununity meeting in February, with 30-40 attendees. Thr mcetin�o became a
question and answer niccun-. After that meeting, I-lotwen contacted the Twin Lakes I Ionic Owners Association to
schedule another meetin'-. At this point the Association is not willing to have another meeting with the Compass
Center. Ilougen stated they arc not sure it they should o 1i01-ward with another ntectin'(' without representation of
the neighborhood !,roup. 13rcause they may not have another meeting, they are trying to figure out the best way to
distribute requested information. There has not been an ad\,isory board put to,,ether due to the lack oC volunteers.
They are doing, construction on the house, and hope to have that completed in mid May. Once construction is
finished, they will begin the process of movin- people into the house.
Skate Park 2°/, for Art — Artist Recommendation
Mary Faber introduced Donna Welch, Chair of the Arts Commission. Welch stated that the panel is recommending
Andrew Carson as the artist for the Skate Park 2% for Art project. Mr. Carson has a Fine Arts degree from the
University of Washington. He has done numerous art installations around the country and the state. In March, a
selection panel reviewed the artist submittals. The panel consisted of Regina Bigler, Vice-Chair of the Arts
Commission and a local artist, H. David Kaplan, and Derek Chan a local teenager. Everyone was in unanimous
approval of this artist. Faber showed slides of his work. Park asked if the space at the Skate Park was large enough
for the artwork. Faber stated that the space is appropriate. Faber stated that the budget for the project is $10,840.
The funding sources for the project includes 2% for Art from the Skate Park project of $3,840 and $7,000 from the
Arts Commission 2002 budget. Gates moved to authorize the Arts Commission to proceed with establishing a
contract with the recommended artist, not to exceed $10,840 for the Skate Park project. Forward to full
Council with a "Do Pass" at the April 2 Council meeting. Park seconded. Motion Passed.
Aquatic Land Enhancement Account (ALEA) Final Design
Mary Faber introduced Collie Hough-Beck from Hough, Beck & Baird. Collie has helped in designing the project.
Collie gave a presentation on the Dumas Bay Centre Project. She stated that the City of Federal Way was awarded
one of sixteen grants given in the State of Washington. ALEA is a program that provides a 50% match for projects
that include the purchase, improvement, or protection of aquatic lands for public purposes and for providing and
improving access to such lands. The purpose of the project is to remove the asphalt, which has been used
previously as a parking lot, and return to native plant material and enhance the fish habitat. Collie stated that the
area has high quality eel grass beds. Phase I will include crushed stone walkways, and native gardens. The master
plan identifies areas for art, and retains 90% of the existing trees. The plan includes plants that require minimal
maintenance, and can make it on their own without irrigation. Council member Park asked if the budget of
$516,822.82 was for Phase I only. Faber sta, d that this is correct. Council member Gates asked if getting rid of the
asphalt and adding the planting was the main issue. Faber stated that the surface water from the asphalt runs right
down the slope and into the Bay. The primary focus of the project in addition to creating a park is to restore and
improve the habitat. Council member Park moved to forward to council to approve the final design of the
Dumas Bay Restoration Project and move forward to the-April 2 Council meeting under consent. Gates
seconded. Motion passed.
Chair Kochmar asked if the Gazebo would be remo\ ed. Faber stated the Gazebo would remain. Chair Kochmar
also requested that there be a small presentation at the April 2 Council meeting.
PAIZKS, IZI?CIZEATION, IIUNIAN SERVICES
S PUBLIC SAFETY COUNCIL COMn1IITTF,E
Nlondav, March 25 Sunuuary
Paoe 3
Second_ Amendment (l) the_YAJnla (_ountv.lail luterlocal_,Agreement
Chief Kirkpatrick slated that this is a second antcndmcnt to the oris incl contract, \�hich rntercd into on
December of 2000. lu Alarch of-2001 they amended the original contact to reduce the daily rate fill inmates. The
amcndrd contract reduces the daily rate fur inmates front )� to S-10 per dad ; depending upon how many people
they have in jail. Thcy would like to extend this contact to December 31, 2002- They have added a clause to
Section 13. With the addition of this clause, the contract will allow Federal Way prisoners who are in the Yakima
County jail to be eligible to work on correction detail under the direct supervision of a corrections officer. Council
menther Gates asked what the average number of inmates we have is. Hanson stated we have 10-12 inmates per clay
at the Yakima County Jail. Chair Kochmar asked if this would reduce our rates. Kirkpatrick stated it might reduce
our rates. Council member Part: moved to approve and accept this request for amendment between the City
of Federal Way and Yakima Comity 1'01- the housing of inmates, and forward to full Council for consideration
at its April 2 meetinb. Gates seconded Motion Passed.
2002 BULLETPROOF VEST PARTNERSHIP GRANT
The purpose of the Bulletproof Vest Partnership Act is to provide funding, for 50%) of the cost of bulletproof vests.
The Bulletproof Vest Partnership Grant Act of 2000 wilt provide funding for three more years. The Public Safety
department does intend to apply for this grant again. Council member Park asked what the typical lifespan of the
vests are. Chief Kirkpatrick stated that the vests last for 5 years and they are $500 a piece. All law enforcement
officers are required to wear a vest while in uniform. Council member Gates asked if they had replacements in
reserve for the vests. Chief Kirkpatrick stated that they do, and that the K-9 unit dog will get a vest too.
PARKS COMMISSION 2002/2003 WORK PLAN
Len Zickler, Vice-Chair of the Parks Commission was introduced. Jennifer Schroder presented and reviewed the
work plan. Schroder stated that the commission is very active at this time updating the Parks 6-year CIP. They
have held a public meeting to gather information on the 6-year CIP. The Parks Conunission will be very pro-active
in reviewing every planning area. The Parks comprehensive plan is divided into 1 1 planning areas. The
conunission will review the planning area, and analyze if each area is being met with a park. If not, the commission
would look at where would be some probable locations for acquisition. Another item is analyzing the cost benefit
of installing artificial turf at existing sports fields. The commission may be able to increase fields, without having to
buy land. Another item in the work plan is reviewing the Recreation Programs and Services. In the past, the Parks
Commission has primarily been focused in working on the Capital side. This year the commission would like to
look at the recreation side, and review what types of programs and services are being offered. Vice-Chair Zickler
commended the Council on their recent Park Commissioner appointments. He stated that this commission has
people that are very willing to work hard on this aggressive work plan. Council member Gates moved to
recommend to Council a "do pass" to accept the Parks Commission 2002/2003 Nvork plan as submitted, and to
place this item before Council on April 2. Park seconded. Motion Passed.
Council member Gates thanked the Parks Commission for :heir hard work. In reference to item number seven on
the \%ork plan, Council member Gates asked that the commission become aware with the new census data and ltow
our neighborhoods may be changing, and whether our Parks programming is adapting to these changes. Ask-
citizens
skcitizens what it is they are not seeing in the recreation program for this quarter.
REGIONAL OFF LEASH D_OG AREA RECONIMENDATION
In October of 2000, the Parks Commission held public meetings and made a recommendation that this item be
looked at as a regional park. The major concern is the size of area that is needed for au Off Leash park to be
successful. SCluoder bas been participating cyith neighboring cities regarding an Oft Leash Doi, Area. Kine County
Director Craig Larson, and King County Animal Control have also participated in these meetings. The location
needs to be cosvenicntk located. Kine County is willing to evaluate many of their lare sites in South King,
County. Grandview Park, is located in SeaTac, and is Kine County Park. This is a site that is currently under
review as a potential site for at ()If Leash Park. King, Comity Animal Control will recontinend a S l S? surcharge to
fund the 011-01110 operation of the off leash parks. Schroder stated there would possibly be some otic-time funding,
needed to get the park ,oink. The nest phase is to see if Councit is Still interested in staff participating in thesc task
force mccum, _ and to ,_pct a uturc specific idea of what would be the post Ior this t%pc of arca+- T 1c:lC %vmild also he
a public stcctin!� held juintl\ kith the panticipatinw, cities to see if the public is ;till supportive of au Off [sash Doi,
Areal Council nieniher (;ate, isov ed to reconuuend to council on .-April ?, to continue the city's participation
to m)rk NNiih the South Kin- County lash Force to evaluate sites and to devclop a I c ional OL:A fundis; plan
for nlai[It cull nCC, operation 1111d dc'v�clopIll cIt, Park wconded. Motion Prised.
PARKS, RECREATION, HUMAN SERVICES
S PUBLIC SAFETY COUNCIL COMMITTEE
Monday, March 2S Summary
Page 4
INSTALL OF SPORTS LIGHTING AT SACAJAWEA PARK, FINAL ACCEPTANCE AND RF,TAINAGE
RELFASE
Schroder stated that prior to the release of retaina-e on any Public works project, the City Council must accept the
work as complete to meet State Department of Revenue and Department o f Labor and Industries requirements. The
final cost of the installation of the sports field li-hting at the Sacajawea Park soccer fields is S 30.491.20. The
contractor is Rakoz Electric. The final cost is equal to the contract amount of$ 30,=191.20, including sales tax.
Council member Park moved to accept the Sports Lighting at Sacajawea Park installation contract as
complete and authorize staff to release the retainage, and place this item before Council on April 2. The
amount of retainage to release to Rakoz Electric is S1401. Gates seconded. Motion passed.
PENDING ITEMS
WORK RELEASE PROGRAM REVIEW
Chief Kirkpatrick stated that staffing for this type of program would be a budgetary item for the 2003/2004 budgets.
They will do an analysis of what it would take to do a work release program. Staff is required to supervise. Council
member Park stated that he thinks this is a good program. In the long run we could save a lot of tax dollars.
Kirkpatrick stated she would put a proposal together so Council would be aware of what it means in terms of
staffing, the kind of work that would be available, and how much money would be saved. Kirkpatrick did caution
that it is possible to run into organized labor issues if you replace workers with prisoners.
NEXT MEETING
April 8, 2002
ADJOURNMENT
Meeting adjourned at 5:06 p.m.
S.A
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
Date: March 26, 2002
To: Parks, Recreation, Human Services & Public Safety Council Committee
From: Anne Kirkpatrick, Chief of Police C
r
Via: David Moseley, City Manag
Subject: Federal Way Police and Department of Corrections Co -Location
Background:
There are currently more than 400 active felons under community supervision in our jurisdiction. This small
group of individuals is responsible for disproportionate number of crimes. Department of Corrections
(DOC) monitors these individuals by scheduling regular appointments and also by randomly checking their
residences, to ensure that they are complying with the conditions of their release.
This proposal is to have DOC personnel assigned to the Federal Way Police Department one to two days a
week. It is intended to create closer partnership so that agencies are more proactive responding to and
investigating crimes. In many incidences, Community Corrections Officer (CCO) has personal knowledge
or access DOC data that will aid our officers and detectives to quickly solve a crime. There have been many
success stories working directly with CCO Officers in the past. By having CCO assigned to FWPD, it will
create a closer working relationship, thus allowing our agency to better meet the needs of our community.
Start-up Costs:
There are no costs to the city for the co -location other than the use of existing office equipment (i.e. fax,
copy machine, and telephone). FWPD will provide a workstation for the CCO. (Vacant desk at Criminal
Investigation Section). DOC will provide a dedicate phone line for a laptop computer.
Committee Recommendation:
Motion to approve the co -location contract between the police department and Department of Corrections.
This partnership will improve the ability of the police department to respond crimes within our community.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
`—'
After recording, return to:
Federal WHy City Attorneys Office
33530 1st Way S.
P,O. Box 971 a
Federal Way, WA 98063-9718
INTERLOCAL AGREEMENT
BETWEEN
WASHINGTON S'L'ATE DEPARTMENT OF CORRECTIONS
AND
CITY OF FEDERAL WAY
WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local
governments to make the most efficient use of their powers by authorizing them to enter into
agreements with each other, in order to provide services and facilities in a manner best serving the
needs and development of their local communities; and
WHERF..AS, the City of Federal Way's Department of Public Safety (hereinafter "City") is
charged by the Federal Way City Code with the protection of all persons and property within the City
limits; and
WHEREAS, the Washington State Department of Corrections (hereinafter "DOC") is
responsible for enforcement of probation sentences of felony offenders, including those residing or
working within the City.of Federal Way; and
WHEREAS, the City and DOC desire to enter into an interlocal agreement to improvement
their respective abilities to carry out their public safety responsibilities;
NOW, THEREFORE, THE UNDERSIGNED JURISDICTIONS AGREE AS FOLLOWS:
City Responsibilities. The City of Federal Way agrees that the City will:
A. Provide office space for one Community Corrections Officer at the federal
Way Department of Public Safety, either at 34008 91h Avenue South (its
current location) or at such other location as the City Council may select for
the Department of Public Safety in the Council's sole discretion. The office
space will be available to DOC seven days a week, twenty-four hours per day.
B. Allow the Community Corrections Officer to use the facsimile and copy
machines that are generally available for Department of Public Safety staff.
C. Provide access entry codes to the Community Corrections Officer assigned
to Federal Way, to facilitate their access seven days a week, twenty-four
hours per day.
D. Provide a dedicated telephone line suitable for use of a laptop computer, and
a connection to incoming telephone lines.
IA_)
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Department of Corrections
Interlocal Agreement
Page 2
E. Provide janitorial service for the office space.
2. DOC Responsibilities, The DOC agrees that the DOC will:
A. Keep the office space provided under Section LA above clean.
B. Staff the office at the City with one Community Corrections Officer, who will
work one to two days per week generally from 8 a.m. to 5 p.m.
C. the Community Corrections Officer will wear DOC identification at all times
while in the Department of Public Safety or other City facilities.
D. Maintain a visitors' log, and require all visitors to the Community Corrections
Officer at the Department of Public Safety to sign their names in the log and
enter the time at which they enter and exit the building.
E. Schedule the offenders' visits to ensure that only one offender is in the
Department of Public Safety at any time.
F. Escort all visitors to the Community Corrections Officer at all times such
visitors are in the Department of Public Safety.
G. So long as the Department of Public Safety is located at 34008 9`h Avenue
South, park any DOC vehicle or vehicle belonging to the Community
Corrections Officer on the north side of Building C.
H. Arrest any offenders within DOC jurisdiction, unless DOC has made prior
arrangements with the City of Federal Way on -duty Watch Commander.
Transport any offender arrested by DOC to the local county jail, except in
cases of extreme emergency, in which case the City's Department of Public
Safety may, in its sole discretion, transport the offender to the county jail or
the jail of any governmental entity contracting with the City of Federal Way.
3. Access to Information,
A. Access to all DOC computer systems and files is restricted to the Community
Corrections Officer. DOC will follow its policy for dissemination of any
information from its computer systems and files.
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Department of Corrections
Interlocal Agreement
Page 3
B. Access to all City computer systems and files are restricted to police
personnel. The City will follow iti policy and applicable law concerning
dissemination of all police information.
4. Independent Entities. The parties recognize that each is a separate governmental
entity, and neither represents, acts on behalf, or is the agent of the other.
5. Term. This Agreement shall take effect immediately and shall continue in effect until
terminated. Either parry may terminate it by giving thirty (30) days written notice to the other.
6. Compliance with La . Each party shall be responsible for compliance with all
applicable federal, state, or local laws and regulations.
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Department of Corrections
Interlocal Agreement
Page 4
i. Indemnification.
Each party to this Agreement agrees to defend, indemnify and hold the other party, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with this Agreement, to the extent caused by the negligent acts,
errors or omissions of that party, its elected officials, commissioners, officers, employees, agents,
and volunteers, or by breach of this Agr6ement.
Survi3A. The provisions of this Section 7 shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
8. Contact Persons. The parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
a. Supervisor of the Federal Way Department of Corrections Office:
[insert name, address and phone number and fax of contact personal
Bonni6 Maccilli, Community Corrections Supervisor
Kent Field Unit
606 West Gowe
Kent, WA 98032 Fax #: 253-395-8302/Telephone #: 253-395-0871
b. City of Federal Way:
Federal Way Criminal Investigations Section Commander
34008 9th Ave S.
Federal Way, WA 98003
(253) 661-4612
9. Hilink. A copy of this Agreement shall be filed with the Secretary of State, the City
Clerk of the City of Federal Way, and recorded with the King County Auditor.
10. Nothing herein shall require or be interpreted to:
Waive any clefetise arising out of RCW Title 51.
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Departmci,. V:;f Corrections
Interlocal Agreement
Page 5
b. Limit or restrict the ability of either entity or employee or legal counsel for either
entity or employee to exercise any right, defense or remedy which a party to a
lawsuit may have with respect to claims of third parties, including, but not limited
to, any good faith attempts to seek dismissal of legal claims against a party by any.
proper means allowed under the civil rules in either state or federal court.
It. General Provisions.
a. Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement.
b. Modification. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
C. Succession. This Agreement shall be binding upon and inure to the benefit
of the Parties' successors in interest, heirs and assigns.
d. Sevcrability. Any provision of this Agreement which is declared invalid or
illegal shall in no way affect or invalidate any other provision.
e. Default. In the event either of the Parties defaults on the performance of any
terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys fees, costs and expenses.
f. Venue. The venue for any dispute related to this Agreement shall be King
County, Washington.
g. Waiver. Failure of the City to declare any breach or default immediately upon
the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default. Time is of the essence of this Agreement
and each and all of its provisions in which performance is a factor.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
WASHINGTON STATE
DEPAR`rMENT OF CORRECTIONS
CITY OF FEDERAL WAY
Date:
David 11. Moseley
City Manager
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Department of Corrections
Interlocal Agreement
Page 6
Approved as to Form
for
ATTEST: This day of
20
[Governmental Entity's Clerk, cte.]
K.UNTERLCIXXX
12-1"1
Approved as to Form
for City of Federal Way
City Attorney, Bob C. Sterbank
ATTEST: This day of
. 20
N. Christine Green, CMC
Federal Way City Clerk
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5.B
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date: April 1, 2002
To: Parks, Recreation, Human Services and Public Safety Council Committee
Via: David Mosel Tanager
From: Jon Jainga, Park Planning and Development Manager
Subject: 2002 IAC Grant Resolution
Background:
The Washington State Interagency Committee for Outdoor Recreation is currently accepting
applications for the 2002 IAC Grants.
The Parks, Recreation and Cultural Services Department is preparing a grant application for the
2002 Land and Water Conservation Fund (LWCF). The state requires that all applicants must
submit (1) an authorization memorandum and (2) an authorizing resolution with their
application.
The state's boilerplate for the memorandum and the resolution is attached for your review and
approval. Law Department is currently reviewing the state's boilerplates. Also attached is a
copy of the 2002 LWCF Application Process Flow Chart.
Staff Recommendation:
Recommends approval to move forward with the 2002 LWCF Grant Application process and
autl101-1ze the City Manager to sign the state's memorandum and resolution.
Council Committee Recommendation:
Motion to approve and accept this request to move forward with the 2002 LWCF Grant
Application and authorize the City Manager to sign the state's memorandum and resolution,
and forward to full Council for consideration at its April 16, 2002 meeting.
Approval of Committee Report:
Committee Chair Committee i\/lember Committee Member
councilcomIAC2002.doc �_
Application Authorization MellloranClUm
r
TO: Interagency Committee for Outdoor Recrealion (VAC)
I P.O. Box 40917
Olympia, Washington 98504-0917
FROM: City of Federal Way
I (name)
IAC is hereby requested to consider this application for financial assistance for the outdoor recreation
project(s) described below and to grant funding from such State and Federal sources as may be available.
This application has been prepared with full knowledge of and in compliance with IAC's Manuals. Further,
we agree to cooperate with the IAC by furnishing such additional information as may be necessary to
execute an IAC Project Agreement and to adhere to all appropriate state and federal statutes governing
grant monies under the Project Agreement. We are aware that the grant, if approved, will be paid on a
reimbursement basis. We agree that all application materials, including photos, slides, site drawings,
maps, etc., become the property of IAC and may be used by IAC for education, information, or other
non-commercial purposes in IAC publications, presentations, or on IAC's web site.
Project Name(s): Steel Lake Soccer Field Renovation
(Attach list
if necessary)
Project Contact Person:
Name:
Jon Jainga
Title: Parks Planning and Development Manager
Telephone Number: 253.661.4043
Ilwe certify that to the best of our knowledge, the information in this application is true and correct. In
addition, I/we certify that the matching resources identified in the grant are committed to the above project.
I/we acknowledge responsibility for supporting all non-cash commitments and donations should they not
materialize.
Authorized Representative:
City Manager
(This form with original signature must be serf to IAC j
Arr'i.icnruw 2002, - 1. WA:
12. LWCF: Authorizing Resolution
Organization Name City of Federal Way
Resolution No.
Project Name(s) "Steel Lake Soccer Field Renovation"
A resolution authorizing application(s) for federal funding assistance for a Land and Water Conservation Fund (LWCF)
program project to the Interagency Committee for Outdoor Recreation (IAC) as provided in the LWCF Act of 1965, as
amended.
WHEREAS, our organization has approved a comprehensive plan that includes this project area; and
WHEREAS, under the provisions of LWCF, federal funding assistance is requested to aid in financing the cost of land
acquisition and/or facility development. and
WHEREAS, our organization considers it in the best public interest to complete the land acquisition and/or development
project described in the application;
NOW, THEREFORE, BE IT RESOLVED, that:
1. The City Manager [MAYOR, DIRECTOR, PRESIDENT, ETC j be authorized to make formal application
to IAC for funding assistance;
2. Any fund assistance received be used for implementation of the project referenced above;
3. Our organization hereby certifies that its share of project funding is committed and will be derived from
City of Federal Way General / Capital Improvement Fund
and private donations from Federal Way Soccer Association
f SPONSOR MATCHING RESOUFCES j;
4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they
not materialize; [ if applicable
5. We acknowledge that any property acquired or facility developed with IAC financial aid must be placed in use as an
outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by our
organization, IAC, and the National Park Service;
G. This resolution becomes part of a formal application to IAC; and
7. We provided appropriate opportunity for public comment on this application
S. We acknowledge that LWCF grants are federal funds and, as such, our organization must comply with all applicable
federal laws.
This resolution was adopted by our organization during the meeting held:
Location Federal Way, Washington Dale
Signed and approved by the following authorized representative:
Signed
litle _City Manager
Attest
Appro,"d as to form
Date_
W: NIANU Ai 51. — NIAKU 1 14, 202
APPLICATION, 2002 — LWCP
LWCF: Application Process Flow Chart
Applicant: Application Materials Sent to IAC
(Ilnbo:rnc/ not folded. Due May 1, 2002)
IAC: Sends Notice of Completion or Deficiencies
(I ';nNllp r� ilbiu /ons 11 of I& applicalron deadlier)
IAC: Applicant Contact & Possible On -Site Inspection
(Ocan-r as (-(7r-/), in the application 9,cle as possible)
Applicants: Project Review Meetings
(I3j• appointrrrent on June 13-14, 2002)
Applicants: Plan & Technical Completion Deadline
(Final plans due: June 20, 2002)
(I ethnical Completion: July 2, 2002)
Applicants: Evaluation
(IAC scbedides appointrirents: Ju jl 23-25, 2002, Olympia)
IAC: Funding Meeting
(Fort utde(l appli ants: _Septeulber- 19 or 20, 2002) Olympia
Applicants: Post Approval Materials
(Dire no later than December 19, 2002)
Applicants:,Succcssful Applicant's Worlcslhop
(1 ? -1-25 200 2))
5_C
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date: March 28, 2002
From: Karen Pettingell, Chair �� .I (�
Human Services C mmission
Via: David Moanager
Subject: Special 2002G roposed Use of Funds and Conditions of Funding
Background
The Human Services Commission is pleased to present the Special 2002 Community
Development Block Grant (CDBG) Proposed Use of Funds. The Council Committee is asked to
review the funding recommendations and forward them to the full City Council for final approval.
Included with this memo are: (1) a summary chart listing each project, the requested amount,
the proposed funding level, the source of funding, and a brief rationale; (2) recommended
conditions for capital projects; (3) project descriptions for each application; (4) a two-page
overview of the CDBG program guidelines; (5) the 2002 CDBG Contingency Plan; and, (6) a
reference copy of the City's CDBG Funding Strategies, 2000-2003.
Recommendation Process
The total amount of funds available for the Special 2002 CDBG Capital Funds is $188,435 from
the following sources:
$ 7,949 2002 unallocated funds
$ 99,283 City of Federal Way Pedestrian Pathways Project (C99403) cancelled 7/01
$ 74,526 City of Federal Way International District, Pocket Park (2000) cancelled 7/01
$ 6,677 Multi -Service Center, Driveway Enhancement Project (C00384) cancelled 8/01
On January 16, 2002, applications were received for capital projects. Six proposals requested
a total of $410,927. During the review process, it was determined that the King County Sexual
Assault Resource Center application was not eligible for funding. Adjustments were made to
the Compass Center application to include federal fair wage rates required for CDBG
construction projects. Additionally, the Multi -Service Center application to rehabilitate the
Westway Townhouses was revised to include only eligible rehabilitation activities. The
Commission carefully reviewed each application and interviewed all eligible applicants before
developing a preliminary recommendation. The Commission then hosted a public hearing to
collect citizen comments on the preliminary recommendations. These comments were
considered as the Commission voted on the final Proposed Use of Funds.
The Commission recommends allocating $188,435 of the capital funds available to three
projects.
• Rehabilitation of the Federal Way Boys and Girls Club $123,755
• Glenwood Place Senior Residence $ 30,000
• Westway Townhouses Rehabilitation $ _34,680
Total: $188,435
The Special 2002 CDBG Allocation Worksheet (Attachment 1) specifies the funding amount
and source for each of these projects. In addition, the Commission recommends funding
conditions for the capital projects to address specific concerns identified during the application
review process (Attachment 2).
A majority of the available funds are recaptured from the cancellation of the above capital
projects that have been previously cancelled by the City of Federal Way. King County CDBG
Consortium regulations require City Council action to reallocate the funds to specific projects.
The Commission recommends allocating the funds available as identified in the Source column
of the Special 2002 CDBG Allocation Worksheet (Attachment 1).
The Commission is confident that the Proposed Use of Funds complies with local and federal
statutory guidelines. Likewise, the proposed projects will predominantly benefit low- and
moderate -income individuals.
Commission Recommendation
The Commission recommends approval of the Special 2002 Community Development Block
Grant Proposed Use of Funds as presented by the Human Services Commission. The
Committee also recommends that the Funding Conditions for Special 2002 CDBG Capital
Projects be approved as presented. This recommendation is forwarded to the full City Council
for consideration at the May 7, 2002 meeting.
Committee Recommendation
Motion to approve the Special 2002 Community Development Block Grant Proposed Use of
Funds as presented by the Human Services Commission. The Committee also recommends
that the Funding Conditions for Special 2002 CDBG Capital Projects be approved as presented.
This recommendation is forwarded to the full City Council for consideration at the May 7, 2002
meeting.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
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ATTACHMENT #2
SPECIAL 2002 CDBG ALLOCATIONS PROCESS
Funding Conditions for Capital Projects
The first condition applies to all capital funded projects. Following that, are specific conditions
for three of the projects recommended for funding. The specific condition(s) address concerns
that the Commission discussed as they reviewed the applications.
All Special 2002 CDBG Capital Projects
Federal Way Special 2002 CDBG Capital Projects will contract with the King County
Department of Community and Human Services. An environmental review of Federal Way
awarded CDBG projects must be completed by King County before contracts will commence.
All projects must comply with Community Development Block Grant Program Regulations (24
CFR Part 570) and applicable King County Consortium policies as outlined in the King County
Consolidated Housing & Community Development Plan for 2000-2003, as amended.
Federal Way Boys and Girls Club — Rehabilitation of the Federal Way Boys and Girls Club
a. Verification that at least 51 % of the total membership qualifies as low- and moderate -
income under the Official HUD income Guidelines by June 15, 2002. If verification of
eligibility is not received by June 15, 2002, funds will be reallocated as part of the 2003
CDBG process.
b. A data collection form to collect low- and moderate -income information is approved by
CDBG staff.
Multi -Service Center — Glenwood Place Senior Residence
a. Written verification from King County Housing and Community Development that
$30,000 is eligible for CDBG funds in addition to the $150,000 previously granted.
C_L-1
ATTACHMENT #3
2002 CDBG SPECIAL APPLICATION FOR CAPITAL PROJECTS SUMMARY
Title: Ocean Ridge Apartments Daycare
Category: Capital Project
Request: $155,000
Minimum: $100,000
If not funded, consider as a 2003 application: Yes
Applicant: Community Housing Assistance Program, Inc.
One Sentence Use of Funds
Funds will be used for construction costs of an affordable childcare facility in Federal Way,
serving up to 20 children ages 0 -Kindergarten.
Eligible Activity: Public Facilities and Improvements
National Objective: Low and Moderate Income Benefit — Limited Clientele — Agency Verified.
Local Strategy
#3: Address human services needs which focus upon self-support systems that empower
families and communities to make contributions to their own well-being and enhance the quality
of their lives.
Project Description
This proposed project is to renovate one apartment into an affordable licensed childcare facility
to serve up to 20 children ages 0 to 5 years old. The childcare facility will be located at the
Ocean Ridge Apartments, an affordable housing project of 192 units. The proposed facility will
be available to families and individuals earning no more than 51% of King County median
income. Participants will be eligible for subsidies from the Washington State Department of
Social and Human Services. The applicant has entered into a Letter of Intent to Provide
Daycare Services with Auburn Christian Action Program (ACAP) Child and Family Services.
ACAP Child and Family Services is experienced in providing affordable childcare in South King
County. When renovations are completed CHAPA, as owner of the property, will enter into a
rent-free lease with ACAP to staff and operate the Ocean Ridge childcare facility.
The childcare facility is part of the applicant's overall strategy to offer social service programs to
residents and the community as a whole. Other onsite services at Ocean Ridge include: a
learning center, an onsite public safety program, the APPLE Parenting Program, and ESL
classes.
Feasibility
Demonstrated Need and Effect of Project
The applicant states the proposed project will address the need for additional affordable
childcare services in the area and the shortage of community programs serving families and
children. According to United Way of King County's study titled: "Health and Human Services
Community Assessment 2002-2004 Target Goals," the cost of childcare presents a significant
challenge to working families in King County. The study offered a South County Regional
Profile that cites: a long waiting list for its childcare subsidy program, a shortage of childcare
slots in South King County, less infant care than for other ages, and an affordability gap for
childcare.
Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic
expenditure levels)
The applicant estimates that 65% of the clients served by this project will come from Federal
Way. The City is being asked to fund 91% of the project.
The overall project budget appears reasonable. The project budget includes some costs that
are not CDBG eligible. The applicant will seek supplemental funds for equipment and non-
CDBG eligible items from the State Office of Community Development's Community Services
Facility Program, or other funding source.
Due to regulations of the Department of Housing and Urban Development (HUD), CHAPA may
not be an eligible recipient to receive funding for the project. Options for funding the project are
being researched and staff will update the Commission on this issue.
Capacity of Applicant (to manage and/or provide long-term operating support)
Community Housing Assistance Program is a nonprofit organization formed in 1991 currently
serving 8,200 low-income families totaling 32,000 individuals. CHAPA acquired the Ocean
Ridge apartment complex in 2001 and converted it to a tax credit property to provide affordable
housing. The Ocean Ridge Apartment Daycare would be the first CDBG project for CHAPA in
South King County. CHAPA has acted as facilitator for two similar childcare facilities serving
low and moderate -income families in California. The Crescent Village Apartments with 112
units apartment started a daycare in January 1999 and the Mission Village Terrace Apartments
with 84 apartment units started a daycare in 2000. ACAP has provided an operating budget for
the Ocean Ridge Daycare estimating that $105,000 would be received from DSHS of the
$133,300 projected revenue. A reduction in State funding would require other revenue sources
to be secured for operation of the facility.
Project Revenue Sources
Federal Way CDBG $155,000 2001/2002 Funds Received None
State, Foundation or CHAPA $ 15,000 Federal Way Share 91%
TOTAL COST $170,000
C. �
2002 CDBG SPECIAL APPLICATION FOR CAPITAL PROJECTS SUMMARY
Title: Clean and Sober Housing, Oxford House South
Category: Capital Project
Request: $21,858
Minimum: $21,858
If not funded, consider as a 2003 application: Yes
Applicant: Compass Center, A Lutheran Organization
One Sentence Use of Funds
Weatherization: Replace energy inefficient windows with new, energy efficient windows in order
to reduce overall energy use and thus reduce ongoing operating costs for the house.
Eligible Activity: Rehabilitation
National Objective Low/Mod Income Benefit - Housing
Local Strategy
#1: Develop a range of housing opportunities aimed at increasing the supply of affordable
housing to accommodate the projected growth in low- and moderate -income households.
Create housing opportunities for seniors, youth, and special needs groups and impact the
availability of transitional housing and emergency shelter.
Project Description
The goal of Oxford Houses is to provide a supportive, clean and sober living environment in
which residents can pursue a program of recovery. The housing provides a "transitional time"
following treatment, in which the residents develop the behaviors and skills necessary to
maintain a program of recovery. Most residents remain in the housing for about a year but
some remain longer. There is no limit to the length of stay because recovery is an individual
process.
A previous application to Federal Way (2001 CDBG funds) sought funding for the acquisition of
a house in South King County. This application seeks funding to complete weatherization of the
house that was purchased in September 2001 as the second phase of rehab work on the
house. Funds to replace the energy inefficient windows will help reduce overall operating costs
by reducing overall utility costs. Lower utility costs will help keep rents low for the residents and
the funds saved can be used to help increase the replacement reserve account to meet ongoing
maintenance needs.
If successful in receiving funding, replacement of the windows could occur as soon as the
requested funding can be contracted.
Feasibility
Demonstrated Need and Effect of Project
Housing for persons in recovery is in short supply throughout King County. Each year about
1,000 unduplicated persons exit Cedar Hills Treatment Facility owned by King County. Another
approximately 3,600 persons complete treatment at 10 other treatment facilities throughout King
County. According to the King County Housing and Community Development Plan, 700
transitional housing units are needed for persons in recovery. This unmet need becomes
apparent to persons trying to secure clean and sober housing. The Oxford Houses in King
County rarely have a vacancy that lasts more than a week.
Potential tenants apply to the Oxford House based upon their own geographic preference. The
residents of the house are then selected from the applications received for any openings that
occur. Although highly probable that Federal Way residents would choose to apply to Oxford
House South, there is no guarantee that city residents will be served.
Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic
expenditure levels)
The total project cost of $21,858 is being requested of the City of Federal Way. The original
cost estimate was revised due to the requirement to use federal wage rates for CDBG
construction projects. The project budget is sound with sufficient contingencies for a project of
this limited scope.
Capacity of Applicant (to manage and/or provide long-term operating support)
Compass Center is a nonprofit, social service organization that has been providing services to
low-income adults since 1920. Compass Center began operating transitional housing since
1986. Oxford Houses of Washington is a state chapter of a national organization. Each Oxford
House is self-sufficient, providing enough operating support through rents charged to each
resident.
Project Revenue Sources
Federal Way CDBG $21,858 2001 Funds Received $20,000*
TOTAL COST $21,858 Federal Way Share 100%
* Federal Way funds were used for acquisition of Oxford House South.
2002 CDBG SPECIAL APPLICATION FOR CAPITAL PROJECTS SUMMARY
Title: Rehabilitation of the Federal Way Boys and Girls Club
Category: Capital Projects
Request: $150,000
Minimum: $100,000
If not funded, consider as a 2003 application: Yes
Applicant: Federal Way Boys and Girls Club
One Sentence Use of Funds:
Funding is requested for block grant monies to design and renovate the 24 -year old facility to
include a new computer/education lab, expanded games room/arts & crafts, and ADA restrooms
so more children can participate in safer/efficient educational, cultural and recreation programs.
Eligible Activity: Public Facilities and Improvements
National Objective Low/Moderate Income Benefit — Limited Clientele — Agency Verified.
Local Strategy
#3: Address human service needs which focus upon self-supporting systems that empower
families and communities to make contributions to their own well-being and enhance the quality
of their lives.
Project Description
This project is a rehabilitation project to upgrade the current Federal Way Boys and Girls Club
facility to improve safety & security, tutoring/learning environments, arts coursework and access
to technology to provide structured after school, weekend and evening activities for local youth.
Upgrades to the following four areas are proposed: 1. Computer Lab/Library: Incorporate a
new computer lab, library and homework area that provides additional computer access and a
study area that will be conducive to learning. 2. Games Room/Offices/Storage: The games
room will be reconfigured to provide better supervision and visibility. Parking lot security will
also be improved by increased visibility from staff offices. 3. Handicapped Accessible
Restrooms: This project will replace the existing restrooms with ADA accessible restrooms.
Showers will be eliminated to allow the expansion of the library/computer lab and arts room. 4.
Arts Room: TNs area will be relocated and expanded to provide a positive alternative to
athletics and games room activities.
If successful in receiving funding, the applicant plans to complete construction by September of
2002
Feasibility
Demonstrated Need and Effect of Project
The applicant demonstrates the need for the project by citing FBI crime statistics and Carnegie
Institute research stating that more than 50% of youth crime occurs after school during the
hours of 2 to 7 p.m., peaking between 3 and 4 p.m.
Additional statistics are citied on Project Learn, a national educational assistance program
developed by the Boys & Girls Club of America. Study results of program participants in public
housing facilities in five US cities showed the following letter grade improvements: 20% higher
Spelling GPA; 20% higher History GPA; 14% higher Science GPA, as well as 83% fewer school
absences and 81 % higher rate of homework completion.
The applicant provided membership reports for the 2000-2001 (Sept. -Aug.) program year. Of
the 2,700 members, 67% are low income, 16% are moderate income, and 17% are median
income. The membership totals for the current program year continue to show a high
percentage of the clients are low/moderate income.
Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic
expenditure levels)
The City is being asked to fund 37% of the project although the applicant estimates that 67% of
the clients served by this project will come from Federal Way.
The project budget appears sound. The Boys and Girls Club has committed $200,000 to the
project and anticipates that a capital campaign to raise the additional $50,355 needed would
take 90 days. Administration areas of the proposed remodel would not be eligible for CDBG
funds. Funds committed by the Boys and Girls Club would be used for ineligible expenses.
Capacity of Applicant (to manage and/or provide long-term operating support)
The Boys and Girls Club of King County is well established and has recently preformed major
remodeling at branch facilities including a major two-story addition at the Ballard club. The
Federal Way Boys and Girls Club was founded in 1959 and currently has an active
membership. Long-term operating support is provided through fundraising activities, program
fees, government agencies, and United Way.
The Federal Way Boys and Girls Club was awarded funding in 1999 to renovate the front
entrance. This project is not yet complete due to various delays. Transitions in the leadership
of the Federal Way Boys and Girls Club over the past few years may have contributed to the
delays. Shelley Puariea has recently been hired as the Executive Director of the Federal Way
Boys and Girls Club. Shelley has 20 years experience with the Boys and Girls Club and is
dedicated to completing the 1999 project and making sure that the renovation project is
completed in a timely manner if approved for funding.
Other Issues:
Preliminary information gathered by the Boys and Girls Club indicates that they qualify as
serving predominately low- and moderate -income members. Further information. has been
requested to verify the project qualifies under the HUD income guidelines for King County.
Project Revenue Sources*
Federal Way CDBG $150,000
Private Funds $250,855
TOTAL COST $400,855
2001/2002 Funds Received None*
Federal Way Share 37%
*Federal Way CDBG funds were awarded in 1999 for modifications to the front door to
provide accessibility.
2002 CDBG SPECIAL APPLICATION FOR CAPITAL PROJECTS SUMMARY
Title: Glenwood Place Senior Residence
Category: Capital Projects
Request: $30,000
Minimum: $30,000
If not funded, consider as a 2003 application: No.
Applicant: Multi -Service Center
One Sentence Use of Funds:
Additional funds will be used to defray the costs of building a 50 unit apartment complex to
provide low-income housing for seniors in our community.
Eligible Activity: Housing
National Objective Low and Moderate Income Benefit — Limited Clientele — Presumed
Benefit
Local Strategy
#1: Develop a range of housing opportunities aimed at increasing the supply of affordable
housing to accommodate the projected growth in low- and moderate -income households.
Create housing opportunities for seniors, youth, and special needs groups and impact the
availability of transitional housing and emergency shelter.
Project Description
The request is for additional funds for the 50 -unit apartment building for low-income seniors
under construction in Federal Way on 336th Street. (This project was funded as a 2002 CDBG
project) Forty of the units will be one -bedroom units of approximately 600 square feet. The
other ten units will be two-bedroom units of 800 square feet. At least ten of the units will be
targeted and equipped to facilitate independent living for disabled populations. The complex will
include two large community rooms, a computer room, and laundry facilities. Its location will be
in close proximity to Multi -Service Center's food and clothing banks and other services.
Additionally, the complex will be located within a mile of St. Francis Hospital and Medalia Health
Care. If successful in receiving funding, the applicant plans to complete construction and begin
renting the unit within the two-year timeframe allowed by HUD regulations. Opening date is
projected to be between August and December 2002.
Additional funds are requested due to increased construction costs as well as unanticipated
costs of the permitting process and Lakehaven utility district.
Feasibility
Demonstrated Need and Effect of Project
The application states that the number of South and East County residents age 75 years and
older increased by 52% - 55% between 1990 to1995. 1990 census data indicate that 4.5% of
Federal Way residents over the age of 65 lived below poverty. All of the clients served by this
project will be Federal Way residents, aged 62 years and over. Because the units will be rented
to clients whose incomes are at or below 40% of HUD income guidelines for King County, this
project will add to affordable housing. Utility allowances will be deducted from the 30% housing
expense calculations in establishing the rent levels. According to a 2000 market study
conducted by the City, it is estimated that 4,878 multi -family units will be needed to
accommodate the population growth in the next 20 years.
Ch
In the past few years, 539 senior housing units have been constructed or are currently under
construction in Federal Way. Another 412 senior housing units are in various states of permit
plan review for locations in City limits. While these units address the need for senior housing,
few are affordable for low-income seniors. The MSC project addresses the gap of affordable
housing for low-income seniors.
Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic
expenditure levels)
Although Federal Way residents represent 100% of the clients who will be served by the project,
the funds requested from the City, including the $150,000 previously awarded in 2002,
represent only .03% of the program budget. The $30,000 requested in this application will be
used for construction interest. While the project budget appears sound, the applicant notes that
they are reducing construction costs and using deferment of developer fees to reduce
construction costs.
Capacity of Applicant (to manage and/or provide long-term operating support)
MSC has 77 units of affordable housing in South King County and has provided housing
services to homeless individuals and families since 1971. The applicant purchased its first
apartment complex in 1994. In 2001, the City funded the MSC Tall Cedars Apartment
Renovation project. Funds are being used to purchase permanent appliances to be installed in
kitchens of eight renovated apartment units. It is not clear if the agency's previous housing
projects included new construction. Concerns regarding the agency's inexperience with this
type of project are mitigated by its partnerships with Shelter Resource Inc., the co -developer
and guarantor for the project. Shelter Resource Inc. has successfully developed over 50 low-
income housing projects. Additionally, MSC is working with a consultant affiliated with
Downtown Action to Save Housing. Downtown Action to Save Housing owns and operates over
180 units of low-income rental housing and in collaboration with Shelter Resource Inc. is
developing 270 units of housing on the greater Eastside.
The applicant notes that there are issues at the federal and state level that may impact the
amount of tax credits this project may ultimately receive and a pending increase in utility costs.
The revenue for the long term operations and maintenance for this project will come from the
rents paid by the tenants and a small income generated by the laundry facilities available on
site.
Project Revenue Sources
Federal Way CDBG 2002* $ 180,000 2002 Funds Received $150,000
King County $ 681,000 Federal Way Share .03%
OCD (DCTED) $ 627,530
Private Lender $ 4,227,151
TOTAL COST $ 5,715,681
*Includes $150,000 funded in 2002 and the $30,000 requested in this application.
2002 CDBG SPECIAL APPLICATION FOR CAPITAL PROJECTS SUMMARY
Title: Multi -Service Center — Westway Townhouses Rehab
Category: Capital Projects
Request: $45,000
Minimum: $45,000
If not funded, consider as a 2003 application: Yes
Applicant: Multi -Service Center (MSC)
One Sentence Use of Funds:
The agency will rehabilitate three Westway Townhouses used to provide transitional housing for
homeless families.
Eligible Activity: Public Facilities and Improvements (Special Needs Housing)
National Objective LMI benefit— Limited Clientele —Presumed Benefit
Local Strategy
#3: Address human services needs which focus upon self-support systems that empower
families and communities to make contributions to their own well-being and enhance the quality
of their lives.
Project Description
The funding requested will be used to make improvements addressing both safety and
appearance for three transitional housing units. Proposed improvements would include: repair
and/or replacement of upper level decks to assure safety; replacement of the carport roofs;
repair and/or replacement of the storage sheds and fencing; repair of potential leakage and
subsequent damage to the large windows; and, painting of the exterior units. Addressing these
external needs will not only make the properties safer but contributes to the improved look of the
overall neighborhood. The Multi -Service Center stresses the importance of pride in ownership
as a key element in helping families connect to their community. Maintaining transitional
properties in a safe and acceptable manner will help this low-income community resist blight.
Program fees charged clients are not adequate to rehabilitate the property. These transitional
housing units target low-income families who are at 30% of median income. They pay no more
than 30% of their gross income as a program fee and are encouraged to budget and save
toward obtaining permanent low-income housing.
The estimated completion date for this project. is January 2002.
Feasibility
Demonstrated Need and Effect of Project
The most recent report of the Seattle King County Coalition for the Homeless indicates that
there are 6,500 individuals in the Seattle/King County area who are homeless on any given
night. A joint report of the Washington State Department of Community, Trade & Economic
Development and the Department of Social & Health Services points out an "immediate need for
more emergency & transitional housing for homeless families." It further points to affordable
housing as a critical piece to the long-term solution for homelessness. The Community
Information Line reports nearly 40% of all calls for emergency housing are coming from South
King County. Maintenance of available transitional housing units in South King County is
imperative.
Fiscal Evaluation (including appropriate funding sources, cost-effectiveness, realistic
expenditure levels)
Funds are requested from the City for 100% of this project to maintain three units of transitional
housing in Federal Way serving 13 clients.
This project seeks to offer needed upgrading and maintenance to existing transitional housing
units. MSC collects rental income on a sliding fee scale calculated at 30 percent of the
occupant's current income. With constricted sources of income, it is not possible to maintain a
replacement reserve in the annual operating budget. The budget does contain a line item for
maintenance and repair, however it is insufficient to fund larger scale rehab or replacement
activities. Thus, when the units are in need of rehabilitation, MSC seeks additional one-time
grant funds to cover the necessary costs. The City awarded 2000 CDBG funds to the Westway
units in 2000 for interior renovations and in 1995 for roof repairs and interior upgrades.
The budget is based on estimates provided from two contractors. A 25% contingency is
requested to cover unexpected problems that might emerge and/or a higher than expected final
bid. Unexpended funds will be returned to the City.
The agency is proposing work that is not eligible such as repair and painting. However,
rehabilitation and replacement of capital items such as the decks and fencing is allowed. Staff
is working with the applicant to identify elements of the projects that may utilize CDBG funds. A
revised budget will be forward to the Commission.
Capacity of Applicant (to manage and/or provide long-term operating support)
The MSC regularly receives City CDBG awards. The agency has experience from developing,
operating and/or rehabilitating over 100 units of housing ranging from emergency and
transitional shelters to low-income apartment units. Previous CDBG awards have involved the
rehabilitation of these units. The applicant has successfully made use of diverse funding
sources and volunteer assistance to operate and maintain these transitional housing units.
Project Revenue Sources*
Federal Way CDBG $45,000* 2000 Funds Received $29,000**
TOTAL COST $45,000 Federal Way Share 100%
*Revised budget expected.
**Funds received for the Westway Townhouses Rehabilitation only. Multi -Service Center has
received funds for various CDBG capital projects and public service programs from the City of
Federal Way.
—H
ATTACHMENT #4
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COMMUNITY DEVELOPMENT BLOCK GRANT
INTRODUCTION The federal Department of Housing and Urban Development's
(HUD) Community Development Block Grant (CDBG) program
provides an annual grant to entitled cities and counties. The
purpose of this grant is to help develop viable urban communities
by providing decent housing and a suitable living environment, and
by expanding economic opportunities, principally for low- and
moderate -income persons.
The City of Federal Way receives its CDBG allocation through the
King County CDBG Consortium. The allocation is based upon the
City's population and percentage share of low- and moderate
income individuals. The City implements programs by contracting
for services with its own departments or through area non-profit
agencies.
NATIONAL OBJECTIVES The Community Development Block Grant can be used to carry
out a wide range of community development activities directed
toward revitalizing neighborhoods, economic development, and
providing improved community facilities and public services.
The City funds CDBG programs by means of an annual application
process. Each project or program proposal is measured against
locally established goals and three nationally established
objectives. The national objectives support activities that:
Benefit low- and moderate -income persons;
Aid in the prevention or elimination of slums or blight; or
Meet other community development needs having a particular
urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community
where other financial resources are not available to meet such
needs (i.e. disaster recovery relief).
In general, the City of Federal Way does not exhibit the
characteristics necessary for a project to be justified under the
second or third objectives. Therefore, the vast majority of the
City's CDBG projects are justified under the first objective of low -
and moderate -income benefit.
Source: Code of Federal Regulations Title 24, Part 570 (24 CFR 570)
C-45
The criteria for how an activity may be considered to benefit low -
and moderate -income persons are divided into four subcategories:
• Those involving area benefit,
• Those serving a limited clientele (i.e. the disabled or elderly),
• Those involving housing, and
• Those involving job creation or retention.
ELIGIBLE ACTIvmES Once a project meets a national objective, it must also qualify as an
eligible activity under local and federal requirements. CDBG
funds may be used for activities that include, but are not limited to:
• Acquisition, disposition, or clearance of real property;
• Rehabilitation of residential and non-residential structures;
• Construction of public facilities and improvements, such as
water and sewer facilities, streets, and neighborhood centers;
• Direct human services;
• Homeownership assistance programs;
• Activities relating to energy conservation and renewable
energy resources, and
• Assistance to for-profit businesses to carry out neighborhood
economic development or job creation or retention activities.
IMPLEMErmoN of The City, as a CDBG recipient, can undertake activities directly, or
AC7nVMES can identify a sub -recipient to undertake activities. Sub -recipients
are public or private non-profit agencies, authorities, or
organizations. CDBG assistance to private for-profit businesses is
allowed with the addition of an extra level of regulatory scrutiny
and performance reporting. Exceptions to this rule include aid
given to microenterprises (businesses employing less than five
persons) and exterior rehabilitation of commercial buildings.
EXAMPLES Since Federal Way incorporated, a wide variety of programs and
projects have benefited from complete or partial CDBG funding.
• Reconstruction of sidewalks for wheelchair accessibility
• Transitional shelter for homeless women and children
• Signalized pedestrian crossing in a lower income neighborhood
• Child care subsidy program
• First time homeownership program
• Domestic Violence Advocacy program
• Public improvements in the International District
• Home repair loan and grant program
Source: Code of Federal Regulations Title 24, Part 570 (24 CFR 570)
cA.
ATTACHMENT #5
CITY OF FEDERAL WAY
2002 CDBG CONTINGENCY PLAN
The allocation process for 2002 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 2001. 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:
1. Additional funds of $18,162 would be carried forward for allocation to 2003 CDBG
projects. The original allocation plan forwards $6,837 unallocated funds to 2003. The
maximum amount of funds to be carried forward to 2003 would be $24,999.
2. If additional funds are $25,000 or greater, funds would be allocated to a project or
projects selected through a Request for Proposal (RFP) process. The RFP would specify that
the available funds would be used to increase the supply of housing for low- and moderate -
income Federal Way residents, including permanent affordable housing, and/or emergency and
transitional shelter including facilities for youth and young adults, and other eligible capital
projects.
Public Service Programs - The City will apply the increase in the amount of CDBG funds as
follows:
1. If the amount of additional funds is $4,999 or less, the additional funds would be
allocated to the City of Federal Way, Law Department, Domestic Violence Unit Program. The
original allocation amount for this project was $27,539. The maximum amount of contingency
funds for this project would be $4,999 for a total allocation of $32,538;
OR;
2. If the amount of additional funds is $5,000 or greater, the amount of additional funds
would be allocated to the Domestic Abuse Women's Network (DAWN) Shelter and Community
Services Program, up to their full request.of $10,000. This agency was not allocated any
additional funds in the original allocation plan. The maximum of contingency funds for this
project would be $10,000.
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 capital
projects in accordance with the priority order listed above.
C -J).
SHOULD THE GRANT AMOUNT DECREASE:
Capital Projects - The City will decrease the amount of CDBG funds allocated for capital
projects as follows:
1. The first decreases will be made to any unallocated funds available before reductions
are made to specific projects.
2. Lutheran Social Services (LSS), Intergenerational Campus - Community Service Center.
The maximum decrease to this project would be $5,000, the full original award.
3. Lutheran Alliance to Create Housing (LATCH), Angle Lake Senior Housing - The
maximum decrease to this project would be $5,000, the full original award.
4. Additional decreases will be made to the following capital projects in proportion to the
percentage decrease in grant funds. These projects are: Domestic Abuse Women's Network
(DAWN), Shelter Renovation and Expansion; Multi -Service Center, Glenwood Place Senior
Residence; and the City of Federal Way, Public Works Department 23`d Ave. S. at 314' Street
Improvements.
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 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, Law Department, Domestic Violence Unit;
Federal Way Norman Center, YMCA, CARES Child Care Subsidy Program.
Planning and Administration -- The City will decrease the amount of CDBG funds allocated
for CDBG planning and administration as follows:
Funding for consultant and purchased service activities will be decreased to their full
extent before decreases are made to administrative activities.
9/11/01
k:cdhs\cdbg\02proccss\02contng
L J�
ATTACHMENT #6
COMMUNITY DEVELOPMENT BLOCK GRANT
FOUR-YEAR STRATEGIES, 2000-2003
The Housing and Community Development Four -Year Strategies evolved from the 1993
Community Development Block Grant (CDBG) Local Program Policies. The strategies were
developed in 1994 and updated in 1995. At that time they were given a four-year term, from
1996 to 1999. They were revisited in 1998 and again in 1999. In May 1999, the strategies were
renewed for another four year term, 2000 to 2003. These strategies provide guidelines for the
allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed
under the Growth Management Act and the Human Services Comprehensive Plan.
GOAL STATEMENT
Service needs for City residents far outweigh the availability of resources. As a relatively newly
incorporated jurisdiction with a large and diverse population, the City is faced with the challenge
of providing services that address needs in the areas of affordable and special needs housing,
human services and community development.
The City will use CDBG funds to develop a viable community in which quality of life is
enhanced by providing decent housing and a suitable living environment and by expanding
economic opportunities for low- and moderate -income persons.
OBJECTIVES
➢ To fund projects which address local needs and strategies
➢ To ensure that the basic human service needs of low- and moderate -income persons are
addressed
➢ To adequately address the City's housing needs to accommodate projected growth in low -
and moderate -income households, as well as senior and special needs populations
➢ To preserve the existing housing stock
➢ To stimulate economic development and strengthen the City's infrastructure
L-19-
Four -Year Strategies
Page 2 of 5
NEEDS
The City of Federal Way has identified housing and non -housing community development needs
through public involvement activities, studies, needs assessments, and planning processes.
Public and Community Facilities Improvements - Senior and Community Centers, Child
Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities
which predominantly serve low- and moderate -income persons and address severe health and
safety problems.
2. Housing - Affordable housing for low- and moderate -income people, seniors, special needs
populations, transitional housing and emergency shelters, and preservation of existing
housing stock.
3. Accessibility - Modifications to community facilities and existing structures to remove
barriers and improve safety conditions especially for elderly and disabled persons.
4. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water
Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation
Improvements, and Street Lighting.
5. Public Services - Projects which meet the following City Council human services goals:
➢ support basic human needs through funding of emergency services;
➢ support a strong service delivery system that increases public safety;
➢ provides support that supplements federal, state, and county programs designed to
increase self-sufficiency and independence; and
➢ support service models that improve community-based collaboration and build strong
neighborhoods.
6. Planning and Administration - CDBG Program staffing and administration, planning for
affordable housing resource development and potential annexation areas.
k:\cd human services\cdbg\bggenral\bgstrats.doc
U
i
Four -Year Strategies
Page 3 of 5
STRATEGIES
The City of Federal Way adopts the following three strategies to guide funding decisions for the
annual Community Development Block Grant allocation.
Strategy #I
Develop a range of housing opportunities aimed at increasing the supply of affordable housing to
accommodate the projected growth in low- and moderate -income households. Create housing
opportunities for seniors, youth, special needs groups and impact the availability of transitional
housing and emergency shelters.
➢ Activity 1
Preservation of housing stock in existing neighborhoods has been cited as an important
community value in Federal Way, one which played a large role in the community's
decision to incorporate. The City will maintain a Housing Rehabilitation Loan and Grant
Program to maintain health and safety standards in the homes of low- and moderate -
income households and persons with disabilities.
➢ Activity 2
According to established service providers, suburban homelessness is increasing. There is
a limited supply of transitional and emergency shelter facilities in South King County to
meet this overwhelming need. The City will continue to support local and regional
shelter and transitional housing service providers. The City will encourage and support
more homelessness prevention services, including youth shelter services.
➢ Activity 3
The City will explore a variety of methods to increase the supply of affordable housing
for low- and moderate -income families. The City will:
• Consider participating in a South King County regional entity to address housing
needs.
• Assess the value of pooling technical resources between jurisdictions to assist in the
development and implementation of housing policies and programs.
• Look at the benefits of collaborative efforts to coordinate local government money
and resources in a way that will attract greater private and not-for-profit investment
into affordable housing.
• Consider funding homeownership programs such as down payment assistance, sweat
equity, homebuyer education, community land trust or those that reduce development
costs or reduce mortgages.
�_ l k:\cd human services\cdbg\bggenral\bgstrats.doc
Four -Year Strategies
Page 4 of 5
Strategy #2
Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic
development. Fifteen percent (15%) of the annual CDBG allocation will be targeted toward
projects categorized under this strategy.
➢ Activity 1
The City will seek opportunities for public funding of capital facilities, services and
infrastructure by working with the Human Services Commission, and soliciting input
from the Management Team.
➢ Activity 2
The City will consider funding public and community facilities improvement projects
which address safety and accessibility issues particularly for the well-being of youth,
elderly, and disabled persons.
➢ Activity 3
The City will consider funding projects which encourage community development
activities such as job creation, downtown and neighborhood revitalization, and those
activities consistent with the City's Comprehensive Plan and Human Services
Comprehensive Plan.
➢ Activity 4
The City will consider funding capital transportation improvement projects which
connect low- and moderate -income housing areas with vital services in the City.
Strategy #3
Address human services needs which focus upon self-support systems that empower families and
communities to make contributions to their own well-being and enhance the quality of their lives.
Provide technical assistance, planning and administrative services to increase performance levels
of CDBG program participants.
➢ Activity 1
The City recognizes that problems faced by children and their families are complex in
nature and can result in dysfunction and tragedy if not addressed holistically. Solutions
to complex problems often require a variety of interactive approaches designed to create
environments which provide people with the tools to help themselves.
The City will fund projects and agencies with a holistic approach to service delivery and
demonstrate the ability to leverage funds and network with other service providers.
�_�� k:\cd human services\cdbg\bggenral\bgstrats.doc
Four -Year Strategies
Page 5 of 5
➢ Activity 2
The social environment for youth is often volatile and filled with life-threatening
circumstances. Collective efforts between local community organizations, the School
District, and the City, may provide effective solutions that positively impact the young
people in Federal Way.
The City will consider funding projects which provide "at -risk" youth with more
recreational and educational alternatives.
The City will fund projects and public service agencies which assist families with
children in the areas of employment and youth services.
➢ Activity 3
The City will participate in regional and local planning activities with King County, the
South King County Community Network Board, and other funders and jurisdictions to
coordinate funding approaches, policies and service delivery which facilitate a continuum
of care for people.
➢ Activity 4
Planning and administration funds will be used to administer the City's CDBG program
and when additional planning funds are available, special planning projects will be
considered.
_2 k:\cd human services\cdbg\bggenral\bgstrats.doc
5.D
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE
Date: March 28, 2002 �
From: Kelli O'Donnell G Coordinator/ --
Via: David Mos anager
Subject: Authorization Enter into Contracts with King County and Recipients of
Federal Way 2002 CDBG 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) awards the 2002 CDBG funds to the City of Federal Way for the projects
previously approved by the City Council.
On September 4, 2001, the City Council approved the 2002 Community Development Block
Grant (CDBG) Proposed Use of Funds and Contingency Plan (Attachment 1 & 2). In December
of 2001, the City of Federal Way was notified Congress had reduced the actual 2002 CDBG
entitlement and the City of Federal Way's Contingency Plan was enacted. The revised
distribution of 2002 CDBG funds is noted in Attachment 3. 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 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 Attorney's Office has reviewed the ICA and approved it for signature.
Staff Recommendation
Staff requests authorization for the City Manager to execute the King County Housing and
Community Development Contract — 2002. Authorization is also requested for the City
Manager to enter into subcontracts that include the required sections of the ICA and the
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; and, Federal Way Norman Center, YMCA for the CARES Child Care Subsidy
Program.
Committee Recommendation
Motion to authorize the City Manager to execute the interlocal cooperation agreement for the
King County Housing and Community Development Contract — 2002 and enter into required
subcontracts for Federal Way's 2002 CDBG Public Service Programs and forward to the City
Council for consideration at its April 16, 2002 meeting.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
Contractor's Federal Taxpayer ID No. 91 1462550
Department/Division: Department of Community and Human Services/Community Services Division
Agency: City of Federal Wa
King County Housing and Community Development Contract — 2002
THIS CONTRACT is entered into by KING COUNTY, a political subdivision of the State of
Washington, and, City of Federal Way, a municipal corporation, (hereinafter referred to as the
"Agency"), whose address is 33530 First Way South, Federal Way, WA.
RECITALS
A. The County is an Urban County recipient of Community Development Block Grant Program
(CDBG) funds under the Housing and Community Development Act of 1974 Public Law 93-
383 as amended (the "HCD Act"), HOME Investment Partnership Program (HOME) funds,
under the National Affordable Housing Act of 1990 Public Law 10 1 -625 as amended (the
"NAHA"), and Emergency Shelter Grants Program (ESG) funds, under 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") between the County and certain municipal corporations (Consortium
Cities) within the County. The terms of the CDBG ICAs specify allocation of CDBG funds
by the County to those participating jurisdictions for use in accordance with the County
Consolidated Housing and Community Development Plan ("HCD Plan"). The HCD Plan has
been adopted by the King County Council, accepted by participating jurisdictions and
approved by HUD;
C. A HOME Consortium has been established by HOME ICAs between the County and certain
HOME Consortium Cities, the terms of which specify allocation of HOME funds and ESG
fiends 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 HUD;
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, HUD 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,
NAI IA, IIUD 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 of the State of Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements
hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually
covenant and agree as provided for in this Contract.
AGENCY
KING COUNTY
for
Signature
David H. Moseley
Name (Typed)
City Manager
Title
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
Ron Sims
King County Executive
Date
Approved as to form per
Prosecuting Attorney Memo
8. Evaluations and Inspections
9. Corrective Action
10. Assignment
11. Termination
12. Future Support
13. Hold Harmless and Indemnification
14. Insurance Requirements
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. Contract Amendments
25. King County Recycled Product Procurement Policy
26. Entire Contract[Waiver of Default
27. Miscellaneous Provisions
28. Supplanting
29. Costs & Attorneys Fees
30. Drug -Free Workplace Certification and Other Federal Requirements
31. Constitutional Prohibition
PART 2 — ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS
1. Term of Compliance
2. Promissory Note, Deed of 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
Contract
Fund
of
Project Title
No.
Amount
Source
Services
No.
1
Federal Way CDBG Program Administration
D31338D
$66,056.00
CDBG
2
Federal Way Domestic Violence Victim Advocate
D31339D
$25,742.00
CDBG
3
Federal Way CHCKC Dental Support
D31340D
$10,282.00
CDBG
4
Federal Way YWCA CARES Child Care Subsidy Program
D31341D
$50,239.00
CDBG
PART 1 - GENERAL CONDITIONS
1. SCOPE OF CONTRACT
B. 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 language contained in any project Scope to this Contract, the language in the
Contract shall have control over the language contained in the project Scope, unless the parties
affirmatively agree in writing to the contrary.
This Contract shall govern both (1) Service Projects (human service, planning, program
administration and microenterprise) and (2) Capital Projects (acquisition, improvement, and
rehabilitation of real property and construction or reconstruction of public infrastructure). The two
types of activities may be included in one Contract as separate project Scope(s) of Services (the
"Scope or Scopes").
C. Mandatory Certifications. The Agency certifies that it shall comply with the provisions of Part 1,
Sections 15, 17, 19 and 20 of this Contract. If the Agency is a municipal corporation or
agency of the State of Washington, King County Code chapters 12.16, 12.17, 12.18 and
12.20 do not apply.
D. 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.
E. Federal Funds. The term "federal funds" as used herein means CDBG funds, HOME funds and/or
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 terms 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 or terminated earlier, pursuant to the terms and conditions of the Contract.
3. COMPENSATION AND METHOD 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.
2002 Boilerpit —Page 4
B. Submission of Invoices, Supporting Documentation and Reports. The Agency shall submit an
invoice, supporting documentation for costs claimed in the invoice and all reports as specified in
each Scope or the County may not process the invoice. Supporting documentation for costs claimed
in the 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
Agency of the amounts set forth in said invoice or any subsequent invoice. Provided, however, that
the County may elect to pay any invoice that is not submitted in a timely manner.
D. Final Invoice for Capital Projects. Unless provided otherwise in the project Scope(s) the Agency
shall submit its final invoice, supporting documentation, and all outstanding reports for each Scope
providing funding for es Capital Projects before the End Date specified in the Scope(s).
If the Agency's final invoice, supporting documentation, and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the Agency of
the amounts set forth in said invoice or any subsequent invoice; provided, however, that the County
may elect to pay any invoice that is not submitted in a timely manner.
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, Local and 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), Applicability 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.
2002 Boilerpit —Page 5
)4-.,
Program Income. The Agency shall report all CDBG and HOME Program Income, as defined in 24
CFR Part 570.504(c), 24 CFR 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.
4. BUDGET
The Agency shall apply the funds received from the County under this Contract in accordance with the
line item budget set forth in each project Scope. The Agency shall request in writing prior approval from
the County to revise the line item budget when the cumulative amount of transfers from a line item in any
project Scope is expected to exceed ten percent (10%) of that line item. Supporting documents are
necessary to fully explain the nature and purpose of the revision, and must accompany each request for
prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed
and approved or denied by the County in writing.
5. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which complies
with applicable, generally accepted accounting principles, and governmental accounting and financial
reporting standards.
6. MAINTENANCE OF RECORDS
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 funds 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 Termination Date, unless a different period for
records retention is specified in the project Scope, or unless permission to destroy them is granted by
the Office of the Archivist in accordance with RCW Chapter 40.14.
C. Location of Records/Notice 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: (1) 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.
2002 Boilerplt —Page 6
Dl
E. 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 CFR
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,
unobligated balances, assets, liabilities, outlays, and income.
F. 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 Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform Relocation
Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
and a separate relocation record for each person, business, organization, and farm operation
displaced or in the relocation workload must be kept.
G. Acquisition Records. If the Agency is using funds under this Contract for property acquisition, the
Agency must maintain a separate acquisition file for each acquisition process documenting
compliance with Uniform Relocation Act regulations at 49 CFR Part 24, including a notice of
voluntary sale.
H. Beneficiary Records. The Agency agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these categories of
persons have participated in, or benefited from, the activities carried out under this Contract if
required in a project Scope.
I. 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.
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, minority 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 Commission's EEO -4 form; 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 HUD has found that the Agency has previously discriminated
2002 Boilerplt —Page 7 -
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.
7. AUDITS
A. Nonprofit Corporations. If the Agency is a nonprofit corporation and expends a total of $300,000 or
more in federal financial assistance and has received federal financial 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
assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal
year. The Agency shall provide to the County their response and corrective action plan for all
findings and reportable conditions contained in their audit. When reference is made in their audit to
a "Management Letter" or other correspondence made by the auditor, the Agency shall provide
copies of those communications and the Agency's response and corrective action plan.
C. Municipal Corporations. If the Agency is a municipal corporation, it shall submit to the County a
copy of its annual report of examination/audit, conducted by the Washington State Auditor, within
thirty (30) days of receipt, which submittal shall constitute compliance with Part 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.
8. EVALUATIONS 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 performance of this Contract and six (6) years
after the Termination 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 performance under this Contract and to make available all information
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.
2002 Boilerplt —Page 8 li�) �
9. CORRECTIVE ACTION
A. Default by Agency. If the County determines that a breach of Contract has occurred because the
Agency failed to comply with any material terms or conditions of 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;
2. The Agency shall submit a plan describing the specific steps being taken to correct the specified
deficiencies (the "Corrective Action Plan"). The Corrective Action Plan shall be submitted to the
County within ten (10) business days from Agency's receipt of the County's notice under this Section.
The Corrective Action Plan shall specify the proposed completion date for bringing the Contract into
compliance, which completion date shall not be more than thirty (30) days from the date the County
receives the Agency's Corrective Action Plan, unless the County, in its sole discretion, specifies in
writing an extension in the number of days to complete the corrective actions.
3. The County will notify the Agency in writing within three (3) business day of receipt of the Plan
of the County's determination as to the sufficiency of the Plan. The determination of sufficiency of
the Plan shall be at the sole discretion of the County.
B. Termination 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 determined by the County
to be insufficient, the County may commence termination of this Contract in whole or in part
pursuant to Part 1, Section 11.13;
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 waive any rights the
parties may have pursuant to Part 1, Section 11.
10. ASSIGNMENT
The Agency shall not assign any portion of this Contract or transfer or assign any claim arising pursuant
to this Contract 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 of any 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 mission, 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 information 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.
2002 Boilerplt —Page 9 �C)
11. TERMINATION
A. Termination for Convenience.
1. This Contract may be terminated 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 Termination Date set forth in the project Scope, the County may, upon
written notification to the Agency, terminate this Contract in whole or in part.
3. If the Contract is terminated as provided above: (1) the County will be liable only for payment in
accordance with the terms of this Contract for services rendered prior to the effective date of
termination; 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.
B. Termination for Cause.
1. The County may terminate this Contract, in whole or in part, upon seven (7) days advance
written notice to Agency pursuant to, in the event: (1) the Agency materially breaches any duty,
obligation, or service required pursuant to this Contract and such breach has not been cured by 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.
If the termination 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.
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, terms, and
conditions set forth in this Contract are breached by the other party.
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 Agency shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and compensation for
these services and shall make no claim of career service or civil service rights which may accrue to a
County employee under state or local law.
2002 Boilerpit —Page 10 --D.- 11
B. The County assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by or on behalf of the Agency, its employees, and/or others by reason of this Contract. The
Agency shall protect, indemnify, and save harmless the County, their officers, agents, and employees
from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)
the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the
supplying 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 terms 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. Agency Indemnification of County. The Agency shall protect, defend, indemnify, and save harmless
the County, their officers, 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 negligent acts or omissions of
the Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its
obligations under this 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.
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 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 or subcontractor
shall pay the costs of such insurance. The Agency may furnish separate certificates of insurance and
policy endorsements from each subcontractor as evidence of compliance with the insurance
requirements of this Contract.
1. The Agency is responsible for ensuring compliance with all of the insurance requirements stated
herein. Failure by the Agency, its agents, employees, officers, subcontractors, providers, and/or
provider subcontractors to comply with the insurance requirements stated herein shall constitute
a material breach of this contract.
2002 Boilerplt —Page 11 _,
2. Each insurance policy shall be written on an "occurrence" form; except that insurance on a
"claims made" form may 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 01 Ed. 11-88) covering
COMMERCIAL GENERAL LIABILITY.
2. Professional Liability: 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 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 1
"any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9.
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. Property Insurance:. Insurance Services Office form number (CP 00 10 Ed. 10-90) covering
BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office
form number (CP 10 30 Ed. 10-90) CAUSES OF LOSS — SPECIAL FORM or project
appropriate equivalent.
2002 Boilerplt —Page 12
D. Minimum Limits of Insurance
The Agency shall maintain limits no less than, for:
General Liability: 1 Million combined single limit per occurrence by bodily injury, personal
injury, and property damage, and for those policies with aggregate limits, a 2 Million aggregate
limit.
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. Property Insurance: 100% replacement value.
E. Insurance During Building Construction Period.
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 Coverages: Each insurance policy shall be written on an "Occurrence" form.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
General Liability: Insurance Services Office form 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 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 01 ed. 12-90)
covering BUSINESS AUTO COVERAGE, symbol 1 "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 Services" for the purposes of this Section shall mean any
services provided by a licensed professional.
2002 Boilerplt —Page 13 ' - 1Iq
(v) Builders Risk Insurance: The Agency will obtain, or cause to be obtained, a builder's
risk policy (Insurance Services Office form number (CP -00 02 Ed. 10-90) BUILDER'S
RISK COVERAGE FORM) covering 100% of the replacement value of the
build ing/structures.
(vi) Worker's Compensation: Workers' Compensation coverage, as required 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 limit 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 damage.
d. Professional Liability, Errors & Omissions: $1,000,000.
e. Builder's Risk Insurance: 100% replacement cost value.
f. Workers Compensation: Statutory requirements of the State of residency.
g. 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 Agency'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, of be
endorsed to contain, the following provisions:
1. General and Automobile Liability Policies
2. The County, its officers, officials, employees, and agents are to be covered as additional insureds
as respects liability arising out of activities performed 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 insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought, except with respect to the limits of the insurer's liability."
2002 Boilerplt -Page 14 Y� -) 5
15
5. Property Coverage Policies
6. The County is to be added to all Property Coverage Policies as an additional loss payee as its
interests may appear.
7. All Policies
8. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by
the reduction of the applicable aggregate limit 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 minimum
surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions
insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be
approved by the County.
I. 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 submit the same
to the County, with appropriate certificates and endorsements, for approval.
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 all required insurance policies at any time.
K. Subcontractors. The Agency shall include all subcontractors as insureds under its policies or shall
furnish separate certificates of insurance 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.
L. 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.
15. NON-DISCRIMINATION 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
2002 Boilerplt —Page 15 D _ 1 /
referenced in the contract documents shall continue to apply. King County Code sections 12.16,
12.17, 12.18, and 12.20 do not apply to an Agency that is a municipal corporation or state agency.
B. Non-discrimination. 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 race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or the
presence of any sensory, mental, or physical disability in the employment or application for
employment or in the administration or delivery of services or any other benefits under this Contract.
C. Equal Employment Opportunity. The Agency will implement and carry out the obligations contained
in its Affidavit and Certificate of Compliance regarding equal employment opportunity. 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.
E. Prohibition of Unfair Employment Practices. During the performance of this Contract, neither 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. Employer or labor organization to discriminate against any person with respect to referral, hiring,
tenure, promotion, terms, 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;
I 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 bona fide occupation qualification;
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, firm, corporation, organization or association printing, publishing or circulating any
newspaper, magazine or other written publication to print or cause to be printed or circulated any
advertisement with knowledge that the same is in violation 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 operation of the
2002 Boilerplt —Page 16 _70 _I 1
particular business, enterprise or employment, unless based upon a bona fide occupational
qualification; and/or
7. Employer to prohibit any person from speaking a language other than English in the workplace
unless:
8. the employer can show that requiring that employees speak English at certain times is justified by
business necessity, and
9. the employer informs 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:
a) A Personnel Inventory Report on the form provided by the County
b) An Affidavit and Certificate of Compliance demonstrating the Agency's commitment to
comply with the provisions of King County Chapter 12.16 and attach the original, notarized,
completed form to this contract; and
c) 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.
d) The Agency shall also submit Personnel 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 contract. 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.
Assistance with the requirements of this Section and copies of King County Chapters 12.16 and
12.18 are available from the King County Business Development and Contract Compliance
Division, phone (206) 684-1330.
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
Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against
Discrimination (RCW Chapter 49.60). Residential real estate -related transactions include the making
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, constructing, improving, repairing or
maintaining of a dwelling. Rental housing includes any dwelling which is intended for occupancy as
2002 Boilerplt —Page 17
a residence for one or more families by lease, sublease or by grant for a consideration of the right to
occupy premises not owned by the occupant. In addition, except for projects located in incorporated
jurisdictions, the Agency shall comply with the provisions of the King County 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 CFR Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR 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 other arrangements, discriminate 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. 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.
c) Subjecting any person to segregated or separate treatment in any facility or in any matter or
process related to receipt of any 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 determining whether the person satisfies any
admission, enrollment, eligibility, membership, or other requirement or condition which
individuals 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.
2002 Boilerplt —Page 18 cl
g) Failing to design and construct facilities for first occupancy after January 26, 1993 that are
readily accessible to and usable by individuals with disabilities and failure to remove
architectural and communication barriers that are structural in nature in existing facilities, where
such removal can be accomplished without 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 sex, 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, religion, race,
creed, color, sexual orientation, nationality, or the presence of any sensory, mental or physical
disability.
3. The Agency, in determining 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, or 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.
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 barriers 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
any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual
orientation or the presence of 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 quotes, bids, estimates or proposals submitted to the Agency
by all businesses seeking to participate on this Contract. Such records shall be retained by the
2002 Boilerplt —Page 19 � __L
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.
1. The County encourages the utilization of small businesses, minority owned businesses ("MBEs")
and women -owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts. The
County encourages the following voluntary practices to promote open competitive opportunities
for small businesses including M/WBEs:
a) Scheduling or attending a pre-bid or pre -solicitation conference to provide project
information and to inform M/WBEs and other firms of contracting and subcontracting
opportunities.
b) Placing all qualified small businesses attempting to do business in the County, including
M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to
M/WBEs and all other small businesses capable of performing 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.
c) Breaking down total requirements into smaller tasks or quantities, where economically
feasible, in order to permit maximum participation by small businesses including M/WBEs.
d) Establishing delivery schedules, where the requirements of this contract permit, that
encourages participation by small businesses, including M/WBEs.
e) Providing small businesses including M/WBEs that express interest with adequate and timely
information about plans, specifications, and requirements of the contract.
f) 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.
g) 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 www.wsdot.wa.gov/omwbe/.
2. Further, the County encourages small businesses, including M/WBEs, to participate in the
following practices to promote open competitive opportunities:
a) Attending a pre-bid or pre -solicitation conference to receive project information and to
inform prime bidders/proposers of contracting and subcontracting capabilities.
b) Requesting placement on solicitation lists, and receipt of written notice of subcontracting
opportunities.
c) 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 and M/WBEs.
2002 Boilerplt —Page 20 T-)_ 2 , i
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 submit a final Affidavit of Amounts Paid, identifying amounts actually
paid and amounts owed to each contractor or subcontractor firm 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 the 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 CFR Part 85.36(e) as amended if the Agency is
a municipal corporation or an agency of the State of Washington, and 24 CFR Part 84.44(b)(1)-(5) if
the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take
all necessary affirmative steps to assure M/WBE's and labor surplus area firms 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 CFR 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.18.
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 onussions of its
2002 Boilerplt —Page 21 �_) _,� 1�
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 1, 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 in part with funds provided under this Contract.
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 15 J, 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 CFR Part
85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement
requirements specified in 24 CFR Part 84.40 through .48 or as otherwise provided in the project
Scope. The regulations at 24 CFR Part 85.36 (b) through (g) and 24 CFR Part 84.40 through .48,
require that all goods and services, irrespective of cost, be procured using a competitive process.
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 hundred 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 24 CFR 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 on Employee Code of
Ethics is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all
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 an
agency that is a municipal corporation which has adopted an employee code of ethics, or to state
agencies.
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
2002 Boilerplt —Page 22
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 termination pursuant to Part 1, Section 11, as well as any other right or
remedy provided in this Contract or law.
20. POLITICAL ACTIVITY PROHIBITED
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.
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.
2002 Boilerplt —Page 23 _ 2
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 federal/state government.
B. Maintenance of Equipment. The Agency shall be responsible for all such property, including the
proper care and maintenance of the equipment.
C. Equipment Returned. The Agency will ensure that all such equipment will be returned to the County
or federal/state 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 described in this Contract, or if the Agency wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR,
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 of Washington.
The Agency agrees that it will contact the County for instructions prior to disposing of, surplusing,
encumbering or transferring ownership of any equipment purchased in whole or in part with federal
funds.
22. 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 Agency and the Director of the County
Department of Community and Human Services. Any time within 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 this 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
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 performance of this Contract.
2002 Boilerplt —Page 24 �_ 25
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 identifying it as recycled paper.
If the cost of recycled paper is more than fifteen percent (15%) higher than the cost of non -recycled
paper, the Agency may notify the 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 this Contract.
26. ENTIRE CONTRACT/WAIVER 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 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 terms 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 term or provision of this Contract or an application of any term or provision to
any person or circumstance is invalid or unenforceable, the other terms or provisions of this Contract,
or the application of the term 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 Agency's failure to perform 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 rs those funded herein between January 1
and December 31, 2001, the Agency must use the funds provided herein to pay for units of service
over and above those provided with local funds in 2001.
2002 Boilerplt —Page 25
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 performance 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 terms of this Contract 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 WORKPLACE CERTIFICATION 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 to 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 PROHIBITION
A. Funds not Used for Religious_ Purposes. In accordance with the First Amendment of the United
States Constitution, Article 1, Section 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 for
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:
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).
2. 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).
3. 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 570.2000)(1) 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.
2002 Boilerplt —Page 26 '-J -2- 1
PART 2. ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS
The provisions of this Part 2 are applicable to Scope(s), which provide funding for Capital Projects. For
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 Termination 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 promissory 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 maintain the Premises 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 Premises 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 Premises in good and safe repair.
C. If, after thirty (30) days notice from the County, the Agency fails to maintain or repair any part of
the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but
shall not be obligated to, enter upon Premises 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 term of this Contract, all applicable taxes, and all licenses and
excise fees covering the ownership and operations of the Premises.
2002 Boilerpit —Page 27
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 shall be made available for
the repair or restoration of the real property if the County and the Agency in their reasonable
judgment agree that: (a) repair or restoration of the real property is feasible and that sufficient funds
are available to complete such work; (b) after the 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 or 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 first to satisfy the County's lien. The balance of the
proceeds shall be paid to the Agency.
ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE
A. 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 Premises 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:
B. Federal Acquisition and Relocation Requirements. Implementation of any project provided for in
this Contract will be undertaken so as to minimize 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 CFR 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 Uniform
Relocation Act, at 24 CFR Part 42 and 49 CFR Part 24 as amended, and the County's Resi-
dential Anti -displacement and Relocation Assistance Plan required by federal regulations at 24
CFR Part 570.606(c), and adopted by the County Council as part of the HCD Plan. The Agency
shall 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 to a use other than a
lower-income dwelling unit, in connection with an activity assisted under this Contract with
federal funds, the units ►nust 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 CFR Part 888. The Agency must comply with the one -for -
2002 Boilerpit —Page 28A
1
one replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The
implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR Part
570.606.
7. AFFIRMATIVE MARKETING
A. Federal Marketing Requirements. Each Agency must adopt affirmative marketing procedures and
requirements for projects containing 5 or more housing units funded with CDBG and/or HOME
funds. Affirmative 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 affirmative marketing procedures do not apply to families with housing assistance
provided by the Public Housing Authority or families with tenant based rental assistance provided
with HOME funds.) The County will annually assess the Agency's affirmative marketing program to
determine the success of affirmative marketing actions and any necessary corrective actions.
B. The affirmative 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 affirmative marketing procedures and requirement (e.g., use of commercial media,
use of community contacts, use of the 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 affirmative marketing requirements are not met.
ENVIRONMENTAL REVIEW
A. Hazardous Substances. The Agency shall not, without first obtaining the County's prior written ap-
proval, generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any
hazardous 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
2002 Boilerplt —Page 29 �_,�L
such Release shall occur safely and in compliance with all applicable federal, state, and local laws
and regulations.
The Agency shall indemnify, hold harmless, and defend the County from any and all claims,
liabilities, losses, 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 commencement date of this Contract.
Capital Projects using federal funds shall also comply with subsections B, C and D:
B. National Environmental Policy Act. The County retains environmental review responsibility for
purposes of fulfilling 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.
C. National Flood Insurance. The use of CDBG and HOME funds for acquisition or construction
purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of
flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub L.
93-237).
D. 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 A, 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 of residential 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 U.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.
2002 Boilerpit —Page 30 2
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 shall comply with subsections B and 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 Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed at 29 CFR Parts
1, 3,5,6and 7.
For projects assisted with CDBG funds, this section shall not apply to rehabilitation of residential
property designed for residential use by less than eight 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 included 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 Contract.
11. EMPLOYMENT 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 performed 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. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD 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 CFR 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 HUD 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
determining factor, not a cost estimate.
2002 Boilerpit —Page 31
Additionally, Section 3 regulations are applicable to project Scope(s), which do not initially meet the
above criteria but which 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 HUD
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 CX -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 CX -assisted unit as the project manager or
maintenance worker.
2002 Boilerplt -Page 32 �-
Authorized Sil4natures for Invoices
Submitted to Kinjz County Community Services Division
I authorize the following individual(s) to sign invoices on behalf of:
Agency Name
For the following contract(s):
Contract Number(s): (list all contract numbers that apply)
Authorizing
Signature:
(must be signed by
,erson who signs the
contract, generally,
Executive Director)
Additional Authorized
Signature:
Additional Authorized
Signature:
(Printed Name)
(Signature)
(Printed Name)
(Signature)
(Title)
(Date)
(Title)
(Date)
(Printed Name) (Title)
(Signature) (Date)
Note: It is the responsibility of the contractor to inform King County if they wish to add or delete names
from this list.
PROJECT SCOPE OF SERVICES NO. 1
Project No.: CO2375
Start Date: 1/1/2002
Project Title: Federal Way CDBG Program Administration
End Date: 12/31/02
Contract No.: D31338D
Termination Date: 12/31/02
Project Manager: Joshua Goldfinger
$0
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 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:
A. County Funds
King County Community Development
Block Grant - Pass-through City Funds
$66,056.00
Total County Funds:
$66,056.00
B. Line Item Budget
Personnel Services (detail below)
$62,206.00
Office or Operating Supplies
$525.00
Consultant or Purchased Services
$0
Communications
$1,300.00
Travel and Training
$2,025.00
Other (specify below):
$0
Total County Funds:
$66,056.00
Project Scope of Services No. 1 - Page 1 7 ��
C. Personnel Detail
Position Title Position
Full Time
Equivalent
Annual Salary
and Benefits
CDBG Funds
CDBG Coordinator 1 FTE
$59,706.00
$59,706.00
Administrative Assistant .55 FTE
$23,970.00
$2,500.00
Total:
$83,676.00
$62,206.00
3) Project Requirements
The City agrees to perform the following services:
a) meet with HCD staff in the first quarter of 2002 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) review proposed Interlocal Cooperation Agreements (ICAs) for 2003-2005 for the King
County CDBG Consortium and King County HOME Consortium; submit executed ICAs to the
County in a timely fashion;
d) submit completed Pass-through City Certification Form for 2003 to the County by April 30,
2002;
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.
Project Scope of Services No. 1 - Page 2-3�j
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).
f) notify the County of minor changes, amendments and substantial changes to City funded
projects listed in the Consortium's 2002 Action Plan and, if applicable Action Plans from
prior years. Minor changes, amendments and substantial changes are defined in the HCD
Plan.
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;
Project Scope of Services No. 1 - Page 3 .,.
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 24, 2002. 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. 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.
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 use must include:
a) odometer reading at beginning and end of trip, b) destination and starting location,
and c) purpose of trip; and
Project Scope of Services No. 1 - Page 4
• 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.
Documentation required by this Contract if any funds provided under this Scope are used
to acquire equipment.
5) 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 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.
The City shall submit with each invoice a completed Program Accomplishment Form.
Project Scope of Services No. 1 - Page 5
PROJECT SCOPE OF SERVICES NO.2
Project No.: CO2389
Start Date: 1/1/2002
Project Title: Federal Way Domestic Violence Victim Advocate
End Date: 12/31/02
Contract No.: D31339D
Termination Date: 12/31/02
Project Manager: Joshua Goldfinger
$500.00
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kelli.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the Agency") 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 Agency shall use CDBG funds to provide 1,186 hours of advocacy and 54 referrals to shelter
for 384 unduplicated persons. CDBG-funded support will include personnel services (0.5 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 information relevant to the persecution of defendant batterers, and direct victims to other
service agencies for needed assistance.
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
Block Grant - Pass-through City Funds
$25,742.00
Total County Funds:
$25,742.00
B. Line Item Budget
Personnel Services (detail below)
$25,242.00
Office or Operating Supplies
$
Consultant or Purchased Services
$500.00
Construction Contracts
$
Communications
$
Travel and Training
$
Other (specify below):
$
Total County Funds:
$25,742.00
Project Scope of Services No. 2 - Page 1
C. Personnel Detail
Position Title
Position
Annual Salary
CDBG Funds
4th
Full Time
and Benefits
Quarter
Quarter
Equivalent
Quarter
Total in
DV Advocate
.51 FTE
$25,242.00
$25,242.00
Total:
Year 2002
$25,242.00
$25,242.00
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
1st
2nd
3rd
4th
Quarter
Quarter
Quarter
Quarter
Total in
JAN. —
APRIL —
JULY —
OCT. —
Year 2002
MARCH
JUNE
SEPT.
DEC.
No. of unduplicated persons assisted
96
96
96
96
384
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
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.
Project Scope of Services No. 2 - Page 2 �. f}
1st
2nd
3rd
4th
Quarter
Quarter
Quarter
Quarter
Total in
JAN. —
APRIL —
JULY —
OCT. —
Year 2002
MARCH
JUNE
SEPT.
DEC.
Hours of advocacy
297
297
296
296
1,186
Referrals to shelter
14
14
13
13
54
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.
Project Scope of Services No. 2 - Page 2 �. f}
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 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 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 Agency 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
Duvall
Maple Valley
Shoreline
Beaux Arts
Enumclaw
Mercer Island
Skykomish
Black Diamond
Federal Way
Newcastle
Snoqualmie
Bothell
Hunts Point
North Bend
Tukwila
Burien
Issaquah
Pacific
Woodinville
Carnation
Kenmore
Redmond
Yarrow Point
Clyde Hill
Kent
Renton
Unincorporated King County
Covington
Kirkland
Sammamish
Des Moines
Lake Forest Park
SeaTac
Services provided with funding under this Contract may be limited to residents of one or more
of the above -referenced jurisdictions.
Project Scope of Services No. 2 - Page
i>_t�Z
5) Invoices
The Agency shall submit invoices to the County within 20 business days after the end of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part 1, 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 authorized 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.
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
or 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 of the State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133
(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 of the audit report.
Project Scope of Services No. 2 - Page 4
PROJECT SCOPE OF SERVICES NO.3
Project No.: CO2393
Start Date: 1/1/2002
Project Title: Federal Way CHCKC Dental Support
End Date: 12/31/02
Contract No.: D31340D
Termination Date: 12/31/02
Project Manager: Joshua Goldfinger
$10,282.00
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kelli.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the Agency") 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 Agency shall use CDBG funds to provide 112 dental visits for 52 unduplicated persons
through a subcontract with Community Health Centers of King County (CHCKC).
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
Block Grant - Pass-through City Funds
$10,282.00
Total County Funds:
$10,282.00
B. Line Item Budget
Personnel Services (detail below)
$
Office or Operating Supplies
$
Consultant or Purchased Services
$10,282.00
Construction Contracts
$
Communications
$
Travel and Training
$
Other (specify below):
$
Total County Funds:
$10,282.00
Project Scope of Services No. 3 -Page 1
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
1s(
2nd
3`d
41h
Quarter
Quarter
Quarter
Quarter
Total in
JAN.—
APRIL—
JULY—
OCT. —
Year 2002
MARCH
JUNE
SEPT.
DEC.
No. of unduplicated persons assisted
21
16
10
5
52
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
C. Definition of Services
Dental Visits: Dental visits provided to individuals living in Federal Way.
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 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
itonprofit 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;
Project Scope of Services No. 3 - Page 2
1st
2nd
3rd
4 t
Quarter
Quarter
Quarter
Quarter
Total in
JAN.—
APRIL—
JULY—
OCT.—
Year 2002
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 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 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
itonprofit 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;
Project Scope of Services No. 3 - Page 2
• 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 fiends provided under this Scope are used
to acquire equipment.
11. The Agency 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
Duvall
Maple Valley
Shoreline
Beaux Arts
Enumclaw
Mercer Island
Skykomish
Black Diamond
Federal Way
Newcastle
Snoqualmie
Bothell
Hunts Point
North Bend
Tukwila
Burien
Issaquah
Pacific
Woodinville
Carnation
Kenmore
Redmond
Yarrow Point
Clyde Hill
Kent
Renton
Unincorporated King County
Covington
Kirkland
Sammamish
Des Moines
Lake Forest Park
SeaTac
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 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;
• 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.
Project Scope of Services No. 3 - Page 3
2002 INCOME GUIDELINES
Persons Per Household
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 of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part 1, 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 authorized 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.
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
or 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 of the State of Washington.
Project Scope of Services No. 3 - Page 4
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 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 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 of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part 1, 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 authorized 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.
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
or 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 of the State of Washington.
Project Scope of Services No. 3 - Page 4
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133
(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 of the audit report.
Project Scope of Services No. 3 - Page 5
PROJECT SCOPE OF SERVICES NO.4
Project No.: CO2406
Start Date: 1/1/2002
Project Title: Federal Way YMCA CARES Child Care
Subsidy Program Support
End Date: 12/31/02
Contract No.: D31341D
Termination Date: 12/31/02
Project Manager: Joshua Goldfinger
$50,239.00
City Contact Person: Kelli O'Donnell
Telephone: (253) 661-4153 Email: kel-li.odonnell@ci.federal-way.wa.us
City of Federal Way (hereinafter referred to as "the Agency") 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 Agency shall use CDBG funds to provide 248 childcare days for 56 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
Block Grant - Pass-through City Funds
$50,239.00
Total County 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
$
Communications
$
Travel and Training
$
Other (specify below):
$
Total County Funds:
$50,239.00
Project Scope of Services No. 4 - Page 1 A-)- 1
3) Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
1st
2nd
3rd
4th
Quarter
Quarter
Quarter
Quarter
Total in
JAN. —
APRIL —
JULY —
OCT. —
Year 2002
MARCH
JUNE
SEPT.
DEC.
No. of unduplicated persons assisted
14
14
14
14
56
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
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 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 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. 4 - Page 2 -50
1st
2nd
3rd
4th
Quarter
Quarter
Quarter
Quarter
Total in
JAN. —
APRIL —
JULY —
OCT. —
Year 2002
MARCH
JUNE
SEPT.
DEC.
Child Care Days
62
62
62
62
248
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 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 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. 4 - Page 2 -50
• 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 Agency 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
Duvall
Beaux Arts
Enumclaw
Black Diamond
Federal Way
Bothell
Hunts Point
Burien
Issaquah
Carnation
Kenmore
Clyde Hill
Kent
Covington
Kirkland
Des Moines
Lake Forest Park
Maple Valley Shoreline
Mercer Island Skykomish
Newcastle
Snoqualmie
North Bend
Tukwila
Pacific
Woodinville
Redmond
Yarrow Point
Renton
Unincorporated King County
Sammamish
SeaTac
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 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.
Project Scope of Services No. 4 - Page 3 ^L.�
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
• 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
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 of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part 1, 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 authorized 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 - Page 4
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 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 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 of the first,
second and third quarters. The Agency shall submit its final invoice to the County in accordance
with Part 1, 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 authorized 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 - Page 4
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
or 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 of the State of Washington.
If the Implementing Agency expends $300,000 or more in Federal funds annually, the Agency
agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133
(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 of the audit report.
Project Scope of Services No. 4 - Page 5
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ATTACHMENT 2
CITY OF FEDERAL WAY
2002 CDBG CONTINGENCY PLAN
Revised 8/13/01
The allocation process for 2002 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 2001. 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:
1. Additional funds of $18,162 would be carried forward for allocation to 2003 CDBG
projects. The original allocation plan forwards $6,837 unallocated funds to 2003. The
maximum amount of funds to be carried forward to 2003 would be $24,999.
2. If additional funds are $25,000 or greater, funds would be allocated to a project or
projects selected through a Request for Proposal (RFP) process. The RFP would specify that
the available funds would be used to increase the supply of housing for low- and moderate -
income Federal Way residents, including permanent affordable housing, and/or emergency and
transitional shelter (including facilities for youth and young adults), and other eligible capita_ I
projects.
Public Service Programs - The City will apply the increase in the amount of CDBG funds as
follows:
1. If the amount of additional funds is $4,999 or less, the additional funds would be
allocated to the City of Federal Way, Law Department, Domestic Violence Unit Program. The
original allocation amount for this project was $27,539. The maximum amount of contingency
funds for this project would be $4,999 for a total allocation of $32,538;
OR;
2. If the amount of additional funds is $5,000 or greater, the amount of additional funds
would be allocated to the Domestic Abuse Women's Network (DAWN) Shelter and Community
Services Program, up to their full request of $10,000. This agency was not allocated any
additional funds in the original allocation plan. The maximum of contingency funds for this
project would be $10,000.
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 v. ill be allocated to capital
projects in accordance with the priority order listed above.
SHOULD THE GRANT AMOUNT DECREASE:
Capital Projects - The City will decrease the amount of CDBG funds allocated for capital
projects as follows:
1. The first decreases will be made to any unallocated funds available before reductions
are made to specific projects.
2.4- Lutheran Social Services (LSS), Intergenerational Campus - Community Service Center
- The maximum decrease to this project would be $5,000, the full original award.
3.-2-. Lutheran Alliance to Create Housing (LATCH), Angle Lake Senior Housing - The
maximum decrease to this project would be $5,000, the full original award.
4.-3: Additional decreases will be made to the following capital projects in proportion to the
percentage decrease in grant funds. These projects are: Domestic Abuse Women's Network
(DAWN), Shelter Renovation and Expansion; Multi -Service Center, Glenwood Place Senior
Residence; and the City of Federal Way, Public Works Department 23"1 Ave. S. at 314"' Street
Improvements.
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 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, Law Department, Domestic Violence Unit;
Federal Way Norman Center, YMCA, CARES Child Care Subsidy Program.
Planning and Administration -- The City will decrease the amount of CDBG funds allocated
for CDBG planning and administration as follows:
Funding for consultant and purchased service activities will be decreased to their full
extent before decreases are made to administrative activities.
8/13/01
k: cdhs\cdbg\02 process\02contn g
Rcv. 03/13/2002
CAPITAL PROJECTS
DOMESTIC ABUSE WOMEN'S NETWORK $25,000
DAWN Shelter Renovation & Expansion
P.O. Box 88007
Tukwila, WA 98138
Terri Kimball - (425) 656-4305, EXT. 251
CITY OF FEDERAL WAY PUBLIC WORKS DEPT. $195,000
23rd Ave. S. at 314'' St. Street Improvements
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
Rick Perez - (253) 661-4133
FEDERAL WAY HOME REPAIR PROGRAM
King County
Housing and Community Development
700 5' Avenue, Suite 3700
Seattle, WA 98104
Janet Skinner - (206) 296-8630
LUTHERAN ALLIANCE TO CREATE HOUSING
LATCH Angle Lake Senior Housing
8757 15' Avenue NW
Seattle, WA 98117
Lisa Kious - (206) 789-1536, ext. 111
$120,000
$5,000
LUTHERAN SOCIAL SERVICES (LSS) $5,000
Intergenerational Campus, Community Services Center
4040 S. 188'' Street
SeaTac, WA 98188
R.Y. Woodhouse - (206) 694-5709
MULTI -SERVICE CENTER $150,000
Glenwood Place Senior Residence
1000 Block of S. 336', Street
Federal Way, WA 98003
Dini Duclos - (253) 835-7678
UNALLOCATED CAPITAL FUNDS: $7,949
CAPITAL SUBTOTAL: $507,949
ATTACHMENT #3
Human Services Division
PO Box 9718
Federal Way, WA 98063-9718
(253)661-4153
PUBLIC SERVICE PROGRAMS
DENTAL ACCESS PROGRAM
Community Health Centers of King County
403 East Meeker Street, Suite 300
Kent, WA 98031
Trish Crocker - (425) 277-1311
DOMESTIC VIOLENCE VICTIM ADVOCATE
City of Federal Way
Domestic Violence Unit
33530 First Way South
Federal Way, WA 98003
Shelly David - (253) 661-4027
CARES CHILD CARE SUBSIDY PROGRAM
Federal Way Norman Center, YMCA
33250 215L Avenue SW
Federal Way, WA 98023
Theresa Young - (253) 838-4708
PUBLIC SERVICE SUBTOTAL:
PLANNING & ADMINISTRATION
$10,282
$25,742
$50,239
$86,263
$66,056
2002 CDBG PROJECT TOTAL $660,268
C O M M U N I T Y D E V E L O P M E N T B L O C K G R A N T P R O G R A M