AG 23-258 - HABITAT FOR HUMANITY SEATTLE-KING COUNTYRETURN TO: kim Bachrach EXT: 2654
1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: CD/CS
2. ORIGINATING STAFF PERSON: Kim Bachrach EXT: 2654 3. DATE REQ. BY-
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
® PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: Home Repair Program
6. NAME OF CONTRACTOR: Habitat for Humanity Seattle -King County
ADDRESS: 560 Neches Ave SW STE 110 TELEPHONE (206)666a616
E-MAIL:"t dantoaro@hab tatskaoFg FAX:
SIGNATURE NAME: Brett DAn 10 TITLECEO
7. EXHIBITS AND ATTACHMENTS:2 SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 10/01/2023 COMPLETION DATE: 09/30/2024
9. TOTAL COMPENSATION $ 150,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS, SALES TAX OWED ®YES iDNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
® PURCHASING: PLEASE CHARGE TO: 119-7300-803-594-41-410
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED
2 PROJECT MANAGER SJB 10/26/2023
❑ DIRECTOR -
❑ RISK MANAGEMENT (IF APPLICABLE)
* LAW JE 1113/23
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
9 SENT TO VENDOR/CONTRACTOR DATE SENT: 11/9/23 DATE REC'D: 12/6123
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/ DATE SIGNED
A' DEPARTMENT ep
V SIGNATORY (MAYOR OR DIRECTOR) �'�' $ —7�
❑ CITY CLERK a�
❑ ASSIGNED AG# AG#
COMMENTS:
1113/23 JE - Recommendations and questions in the document.
FN�Sd M
4SFCITY OF CITY HALL
Federal Y Yay Feder 8th Avenue South
ederal Way, WA 98003-6325
(253) 835-7000
www cilyoffederalway com
CDBG CAPITAL PROJECT CONTRACT
FOR
HOME REPAIR PROGRAM
This Community Development Block Grant ("CDBG") Capital Projects Contract ("Contract") is made between the
City of Federal Way, a Washington municipal corporation ("City"), and Habitat for Humanity Seattle -King County,
a Washington non-profit corporation ("Agency"). The City and Agency (together "Parties") are located and do
business at the below addresses which shall be valid for any notice required under this Contract:
HABITAT FOR HUMANITY SEATTLE-KING I CITY OF FEDERAL WAY:
COUNTY:
Brett D'Antonio
500 Naches Ave SW STE 200
Renton, WA 98057
(206) 866-7616 (telephone)
Kim Bachrach
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-2654 (telephone)
com
WHEREAS, the City is an entitlement City applicant for CDBG funds (Catalogue of Federal Domestic
Assistance-CFDA 14.218) under the Housing and Community Development Act of 1974 (the "Act"), as amended,
Pub. L. No. 93-383, 88 Stat. 633 (1974), and anticipates receiving CDBG funds for the purpose of carrying out
eligible community development and housing activities under the Act and under regulations promulgated by the
Department of Housing and Urban Development ("HUD"), at 24 C.F.R. §§ 570, et seq.; and
WHEREAS, the City desires to contract with the Agency for the performance of certain eligible activities
described within this Contract; and
WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the City to undertake
the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, and state and local
laws are adhered to, as provided for herein; and
WHEREAS, the purpose of this Contract is to provide for cooperation between the City and the Agency, as
the Parties to this Contract, in the provision of such eligible activities; and
WHEREAS, the Parties are authorized and empowered to enter into this Contract pursuant to the Act, RCW
35.21.730 to .735, and/or by the Constitution and the enabling laws of the State of Washington;
NOW THEREFORE, for and in consideration of the terms and conditions provided in this Contract, the
parties mutually covenant and agree as follows:
2023 CDBG CAPITAL CONTRACT - 1 - 6/2023
4! CITY OF
Federal Way
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
I.
INDEX TO CONTRACT SECTIONS
Scope of Contract
Duration of Contract
Compensation and Method of Payment
Budget
Internal Control and Accounting System
Maintenance of Records
Monitoring and Reporting Requirements
Evaluations and Inspections
Corrective Action
Assignment
Termination
Future Support
Hold Harmless and Indemnification
Insurance Requirements
Nondiscrimination and Equal Employment
Opportunity
Section 504 and Americans with
Disabilities Act
Accessibility
Environmental Review
Labor Standards
Volunteers
Acquisition and Relocation
Public Ownership
SCOPE OF CONTRACT
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cilyoffederal way. com
XXIII. Reversion of Assets
XXIV. Property Management Standards
XXV. Additional Local Requirements
XXVI. Subcontracts and Purchases
XXVII. Conflict of Interest
XXVIII. Political Activity Prohibited
XXIX. Equipment Purchase, Maintenance, and
Ownership
XXX. Notices
XXXI. Proprietary Rights
XXXII. Contract Amendments
XXXIII. Entire Contract/Waiver of Default
XXXIV. Miscellaneous Provisions
XXXV. Supplanting
XXXVI. Attorney's Fees & Costs
XXXVII. Drug -Free Workplace Certification and
Other Federal Requirements
XXXVIII. Constitutional Prohibition
XXXIX. Compliance with Health Insurance
Portability Accountability Act of 1996
(HIPAA)
XL. Confidentiality
XLI. Debarment and Suspension
XLII. General Provisions
A. Scope. The Agency shall use the funds provided herein only to perform the activities authorized by this
Contract and as set forth in the CDBG Project Scope of Services, which is attached as Exhibit A and hereby
incorporated by this reference ("Services"). The Contract between the Parties shall consist of the Capital Contract
for 2017 and 2020 CDBG Funds including the 2023 CDBG Project Scope of Services Exhibit A; the federal, state,
and local program requirements; and each and every project exhibit, appendix, and attachment. This Contract
supersedes any and all former Contracts regarding projects attached as Exhibits to this Contract. In the event that
there is a difference between any of the language contained in this Contract and any of the language contained in the
Exhibits to this Contract, the language in this Contract shall control, unless the Parties expressly agree to the
contrary in writing.
B. Mandatory Certifications. The Agency certifies that it shall comply with the provisions of Section XV.,
"Nondiscrimination and Equal Employment Opportunity," Section XVI., "Section 504 and Americans with
Disabilities Act," Section XXVII., "Conflict of Interest," and Section XXVIII., "Political Activity Prohibited," of
this Contract.
C. Program Benefit -- 24 C.F.R. § 570.208(a). Activities undertaken by this Contract must predominantly
benefit low- and moderate -income persons. At least seventy percent (70%) of the persons served by these activities
must be low- or moderate -income persons as defined in Exhibit A. The following requirements apply:
2023 CDBG CAPITAL CONTRACT - 2 - 6/2023
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
1. The Agency shall ascertain household income of persons applying for and receiving assistance to
assure compliance with the income limits defined in Exhibit A; and shall maintain records pursuant to Section VI(G)
of this Contract; or
2. If the activity exclusively serves a clientele, which by federal regulation is "presumed" to be low- and
moderate- income, individual income verification is not required. Persons eligible for this presumption are specified
in Section VI(G)(3) of this Contract. In this case, the Agency shall maintain appropriate data to validate the
presumption, as provided in Section VI(G)(3); or
3. If the activity is such that it is not feasible to identify and record beneficiaries, the total population of
the area from which the beneficiaries are drawn must be predominantly low- and moderate -income. In this case, the
Agency shall maintain substantiation data as required by Section VI(G)(4) of this Contract.
4. The benefit to low- and moderate -income beneficiaries must be in the form of a free or reduced cost
service. If beneficiaries are charged for services, the charges to low- and moderate -income beneficiaries, and to all
other beneficiaries, shall be as specified in the Exhibit(s), if applicable. Changes to the structure of charges during
the term of this Contract (and, in the case of a facility project, for five years thereafter) must preserve an identical
discount for low- and moderate -income beneficiaries, and the change must be approved by the City.
5. The low- and moderate -income limits in effect at the time of execution of this Contract are specified
in Exhibit A. These limits are revised periodically by HUD. It is the Agency's responsibility to use any revised limits
when they take effect. Revisions will be announced by and can be obtained from the City.
D. Contact Person. The City and the Agency shall each designate a contact person for each Project
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 XXX. "Notices."
E. Federal Funds. The term "federal funds" as used herein means CDBG funds under this Contract.
F. Compliance with Laws. Agency shall comply with and perform the Services in accordance with all
applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions,
standards and policies, as now existing or hereafter adopted or amended.
G. Requirements of 24 C.F.R_ § 570. Agency agrees to comply with the requirements of Title 24 of the Code
of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Agency does not
assume the City's environmental responsibilities described in 24 C.F.R. § 570.604; and (2) Agency does not assume
the City's responsibility for initiating the review process under the provisions of 24 C.F.R. § 52.
H. Independent Contractor. Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the Parties. The Agency shall at
all times remain an "independent contractor" with respect to the services to be performed under this Contract. The
City shall be exempt from payment of all Unemployment Compensation, Federal Insurance Contribution Act,
retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the Agency is an independent
contractor.
I. Uniform Administration R uirements. Agency shall comply with the policies, guidelines and
requirements of 2 C.F.R. § 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards," and 24 C.F.R. § 84, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations identified at 24 C.F.R. §
570.502(b), Applicability of Uniform Administrative Requirements.
2023 CDBG CAPITAL CONTRACT - 3 - 6/2023
CITY OF
,. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www crryoffederalway com
J. Warranty. The Agency warrants that it has the requisite training, skill, and experience necessary to
provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of
Federal Way business registration if Agency does business in Federal Way.
K. Taxes and Licenses. The Agency shall pay throughout the term of this Contract, all applicable taxes, and
all licenses.
II. DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in the Project Exhibit(s), or the
date of execution of this Contract, whichever is earlier), until the Termination Date specified in each Project Exhibit,
unless extended to a later date or terminated earlier, pursuant to the terms and conditions of the Contract. The City
shall furnish the Agency with a written notice to proceed. No work on a project shall occur without prior written
approval from the City. Costs incurred prior to the date written notice to proceed was given or after the end date will
not be reimbursed.
III. COMPENSATION AND METHOD OF PAYMENT
The Agency's compensation will be from the 2017 and 2020 Program Year CDBG funds, CFDA 14.218,
under the Housing and Community Development Act of 1974 ("HCD Act"), Public Law 93-383, as amended and
under regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 C.F.R. §
570, and Agency will receive the CDBG funds for the purpose of carrying out eligible community development and
housing activities under the Act. The City shall reimburse the Agency only for the approved activities specified in
each Project Exhibit after the Services have been performed. The reimbursement amount shall not exceed the
amount specified in each Project Exhibit. The Agency shall provide the Services in a manner consistent with the
accepted practices for other similar Services, performed to the City's satisfaction, within the time period prescribed
by the City and pursuant to the direction of the Mayor or his or her designee. 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
Project Exhibit. Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will
not be reimbursed.
B. Compensation and Contract Performance. The City will use the quantity of Services actually delivered, as
reported on the Agency's reports, as a measure of satisfactory Contract performance. The City shall review the
Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency
fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata
basis at any time during the term of this Contract.
C. Eligible Costs. All costs incurred must be reasonable and of a nature which clearly relate to the specific
purposes and end product of the Contract under which the services are being performed. Care must be taken by all
concerned in incurring costs to assure that expenditures conform to these general standards and the following criteria
for eligibility of costs. To be eligible for reimbursement, costs must:
Be necessary and reasonable for proper and efficient execution of the contractual requirements and in
accordance with an approved budget;
2. Be no more liberal than policies, procedures, and practices applied uniformly to other activities of the
Agency;
2023 CDBG CAPITAL CONTRACT - 4 - 6/2023
4 33325
CITY OF CITY HALL
Fe d e ra I Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
3. Be accorded consistent treatment through application of account policy and procedures approved
and/or prescribed herein;
4. Not be allowable under or included as costs of any other federal, state, local or other agency -financed
programs in either prior or current periods;
Be net of all applicable credits such as purchase discounts, rebates or allowances, sales of publication
or materials, or other income or refunds; and
6. Be fully documented.
D. Submission of Invoices Su orting Documentation and. Reports. On a quarterly basis, the Agency shall
submit an invoice, supporting documentation for eligible costs (as defined in subsection C., Eligible Costs, above)
claimed in the invoice and all reports as specified in each Project Exhibit or the City may not process the invoice.
Supporting documentation for eligible costs claimed in the invoice include but is not limited to, purchase orders and
bills. The City shall pay the Agency within forty-five (45) days following the City's approval of a complete and
correct invoice, supporting documentation, and reports. Payment by the City shall not constitute approval of the
services for which payment is requested. The City does not, by making such payment, waive any rights it may have
pursuant to this Contract to require satisfactory performance of the services promised herein. The City reserves the
right to demand and recover reimbursements made for ineligible costs.
E. Final Invoice for Projects. The Agency shall submit its final invoice for each Project Exhibit by October
8, 2024. The Agency shall submit all outstanding reports for each Project Exhibit providing funding for Capital
Projects by October 15, 2024.
If the Agency's final invoices, supporting documentation, and reports are not submitted by the last date
specified in this subsection, the City shall be relieved of all liability for payment to the Agency of the amounts set
forth in said invoice or any subsequent invoice; however, the City may elect, but is not required, to pay any invoice
that is not submitted in a timely manner.
F. Return of Unspent City Funds. On or before the End Date specified in each Project Exhibit, for
individual projects covered by this Contract, the Agency shall transfer to the City any unexpended and
unencumbered funds provided under this Contract that are on hand and any accounts receivable attributable to the
use of City funds.
G. Excess Federal Funds. CDBG funds on hand shall not exceed $5,000 if retained beyond three (3) days
unless written approval is received from the City. Any reimbursement in excess of the amount required shall be
promptly returned to the City.
H. Program Income. If the project generates CDBG Program Income, as defined in 24 C.F.R. § 570.504(c),
under this Contract, the Agency shall report all Program Income to the City on an annual basis not later than January
3 1 " following the calendar year in which the Program Income is collected by the Agency. Program Income is to be
returned to the City unless the City specifies that it may be retained by the Agency. If the City authorizes the Agency
to retain the Program Income to continue or benefit a prof ect(s), the Agency shall comply with all provisions of this
Contract in expending the funds. This duty to repay the City shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination Section.
IV. BUDGET
The Agency shall apply the funds received from the City under this Contract in accordance with the line item
budget set forth in each Project Exhibit. The Agency shall request in writing prior approval from the City to revise
the line item budget when the cumulative amount of transfers from a line item in any Project Exhibit is expected to
exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and
2023 CDBG CAPITAL CONTRACT - 5 - 6/2023
CITY OF CITY HALL
Fe d e ra I Way Feder l Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cifyoffederalway com
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 City in writing.
V. 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.
VI. 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 City to ensure proper
accounting for all Contract funds and compliance with this Contract, including all records specified in Exhibit A.
This requirement includes complete copies of all contracts, subcontracts; and agreements with third parties into
which the Agency enters in the performance under this Contract; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
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 Exhibit.
C. Location of Records/Notice to Ci . The Agency shall inform the City 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 City in writing of any changes in location within ten (10) working days of
any such relocation.
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 City.
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 C.F.R. § 85.20 and the U. S. Office
of Management and Budget ("OMB") Super Circular 2 C.F.R § 200. These records shall contain information
pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and
income.
F. 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 Exhibit.
G. Pro am Benefit Records — 24 C.F.R. § 570.506 . As applicable, the following categories of records
shall be maintained, for the discrete activities that are assisted in whole or in part with funding under this Contract
(or for all the Agency's activities if funding under this Contract is not specifically allocated to particular activities)
for the purpose of documenting that a majority of the beneficiaries are persons of low- or moderate -income.
Records specifying by dollar amount, family size, and household income limits used to determine
income level.
2023 CDBG CAPITAL CONTRACT -6- 6/2023
CITY of
.. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
2. For service activities serving individual clients without regard to their residence location within the
City, records documenting: (a) manner in which each client's income is determined in all cases; (b) determination
that each individual client's income is or is not within low- or moderate -income limits; (c) date determination was
made; and (d) tabulation of the individual determinations.
3. For a service or facility which exclusively serves a class of beneficiaries, the members of which are
presumed to be low- or moderate -income eligible absent general evidence to the contrary (abused children, battered
spouses, senior citizens, adults meeting the Bureau of the Census' Current Population Reports definition of
"severely disabled," homeless persons, illiterate persons, persons living with AIDS and migrant farm workers),
records documenting: (1) that the facility exclusively serves the eligible class; and (2) there is no generally available
data indicating specific population served is not predominantly low- or moderate -income.
4. For a service or facility which offers benefits uniformly without regard to income to all persons
residing within a delineated area, records establishing: (1) boundaries of the service area; (2) the income
characteristics of families and unrelated individuals in the service area; and (3) if the percent of low- and moderate -
income persons in the service area is less than fifty-one (51) percent, data showing that the area qualifies under the
exception criteria set forth at 24 C.F.R. § 570.208(a)(1)(ii).
H. Records of Program Operations, Management and Evaluation. Agency shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
3. Principal operations data including, but not limited to, work units completed, clients served
(classified by client and service characteristics), staff hours utilized, etc.; and
4. Self -evaluation of services, programs and employment practices for compliance with 504 and ADA
requirements.
I. Property Records. Agency shall maintain all records identifying any real and personal property acquired
or improved in whole or in part with funds under this Contract (OMB Super Circular 2 C.F.R § 200) as follows:
1. Itemized inventory of real property recording legal and common descriptions and address, date of
acquisition and/or improvements, cost of acquisition and/or improvements, and CDBG-funded share of cost;
2. Itemized inventory of all non -expendable personal property recording full identification, current
location, date and cost of acquisition, and CDBG-funded share of cost;
3. Complete records of any authorized disposition of real or non -expendable personal property including
how and to whom disposed, date, amount of disposition proceeds, market value at time of disposition and how
determined, intended use, and any conditions governing use following disposition; and
4. At the termination of this Contract, a record of the total purchase cost of all remaining unused
expendable personal property.
J. Additional Requirement for Acquisition or Improvement of Real Proper!y Projects.
1. For construction contracts over $100,000, records documenting compliance with the bonding
requirements of 24 C.F.R. § 85.36(h).
2. Flood Insurance, Flood Disaster Protection Act of 1973; and Federal Insurance Administration Notice
in Federal Register Vol. 24, No. 133, July 13, 1989.
2023 CDBG CAPITAL CONTRACT - 7 - 6/2023
CITY OF CITY HALL
Federal 'Way Feder Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
a. Record of determination whether the assisted project is located within a designated flood plain or
flood hazard area.
b. If the project is within such area: (1) Evidence of current participation in the National Flood
Insurance Program; and (2) Evidence of flood insurance coverage in force on all significant project structures.
3. Lead -Based Paint. Records required to document compliance with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4801, et seq.), as amended and the Residential Lead -Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. §§ 4851, et seq.), and the implementing regulations 24 C.F.R. § 35.
4. Labor Standards. Records required to document compliance with all requirements of Davis -Bacon
and Related Acts (40 U.S.C. §§ 3141 and 3142); Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701,
et seq.); Copeland Act (18 U.S.C. § 874); US Secretary of Labor Regulations (29 C.F.R. §§ 3, 5, 6, and 7).
5. Real Property Acquisition and Relocation. Records required to document compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. §§ 4601, et seq., as
amended; and the implementing regulations 49 C.F.R. § 24. The agency shall consult the City for complete
instruction prior to undertaking any action that may result in displacement of persons as defined at 49 C.F.R. §
24.2(g).
K. Procurement Records. Agency shall maintain records of:
1. Agency's adopted code of conduct governing officers' and employees' actions in contracting and
purchasing;
2. Agency's standard operating procedures for authorizing and executing purchases and contract .
procurements of various sizes and types;
3. Agency's individual purchases or contracts over $10,000 as required by the OMB Super Circular 2
C.F.R § 200; and
4. Agency's procurement procedures utilized and the bases for supplier selection/contract award
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 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 C.F.R. § 121.
M. Personal Information — Notice of Securitv Breach.
1. If the Agency maintains computerized or other forms of data that includes personal information
owned by the City, the Agency shall notify the City of any breach of the security of the data immediately following
discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized
person in accordance with RCW 42.56.590(2).
2. The Agency shall provide all information requested by the City including the following in accordance
with RCW 42.56.590 and any other applicable federal, state, and local statute:
a. Circumstances associated with the breach;
b. Actions taken by the Agency to respond to the breach; and
c. Steps the Agency shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the City.
2023 CDBG CAPITAL CONTRACT - 8 - 6/2023
CITY OF
,*!&�Am*
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
3. The City may at its sole discretion, require the Agency to contact the appropriate law enforcement
agency and to provide the City a copy of the report of the investigation conducted by the law enforcement agency.
4. The Agency shall be responsible for notifying individuals whose personal information may have
become available to unauthorized users through a security breach. The Agency shall also be responsible for any cost
associated with notifying the affected individuals. This notification may be by written notice or electronic notice in
accordance with RCW 42.56.590(7).
5. If the Agency demonstrates that the cost of providing notice would exceed $250,000, or that the
potentially affected persons exceeds 500,000, or the Agency does not have sufficient contact information, substitute
notice shall consist of the following in accordance with RCW 42.56.590(7)(c):
and
a. E-mail notice when the Agency has an e-mail address for the subject persons;
b. Conspicuous posting of the notice on the Agency's web site page, if the Agency maintains one;
c. Notification to major County -wide media.
6. For purpose of this section, "personal information" means the same as defined in RCW 42.56.590:
a. An individual's first name or first initial and last name in combination with any one of the
following data elements, when either the name or the data elements are not encrypted: social security number,
driver's license number, or Washington identification card number; or
b. Account number or creditor debit card number, in combination with any required security code;
access code, or password that would permit access to an individual's financial account.
VII. MONITORING AND REPORTING REQUIREMENTS
A. Monitoring. Agency understands and agrees that it will be monitored by the City and HUD from time to
time to assure compliance with all terms and conditions of this Contract and all applicable local, state, and federal
laws, regulations, and promulgated policies. Monitoring by the City under this Contract shall include, but not be
limited to: (1) on -site inspections by City staff; (2) quarterly performance reviews; and (3) an annual evaluation.
B. Pro agr m Reporting. Projects qualifying to meet the national objective to serve low- and moderate -income
persons (under Section I(C)) shall submit a demographic report providing income, race, and head of household
information for the beneficiaries of the CDBG Project, which shall cover a one-year period extending back from the
date of the report. If the facility is and remains occupied during the project, this report is due thirty (30) days after
the date the project was closed. If the facility is first occupied or reoccupied after the close of the project, the report
is due one year from the date of the last project closing.
C. Fiscal Reporting Responsibilities. The Agency shall provide fiscal statements or reports as may be
required from time to time by the City, which statements or reports, or both, must indicate the status of all accounts
and funds being used to perform under this Contract. The Agency shall maintain proper documentation and records
of all expenditures incurred pursuant to the terms of this Contract in a manner as will facilitate auditing by either
HUD or the City.
D. Nonprofit Corporations. The Agency shall provide the City with a copy of its IRS Form 990 (Return of
Organization Exempt from Tax) when requested if the Agency is a nonprofit corporation.
2023 CDBG CAPITAL CONTRACT - 9 - 6/2023
4! CITY OF
Federal way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cilyoffederalway. com
1. Audit. The Agency shall have an independent audit conducted of its financial statement and
conditions, which shall comply with the requirements of generally accepted auditing standards "GAAS";
Government Accountability Office ("GAO") Standards for Audits of Governmental Organizations, Programs,
Activities, and Functions; and OMB Super Circular 2 C.F.R. § 200 as applicable.
2. Copy of Audit Report. The Agency shall provide the City a copy of the audit report including any
management letter or official correspondence submitted by the auditor, its response and corrective action plan for all
findings and reportable conditions contained in its audit. These documents shall be submitted not later than six
months subsequent to the end of the Agency's fiscal year.
3. Catalog of Federal Domestic Assistance. The Catalog of Federal Domestic Assistance ("CFDA")
number for the CDBG Program is 14.218.
4. AdditionaI Auditor Review Requirements. Additional auditor review requirements maybe imposed
on the City, and the Agency shall be required to comply with any such requirements.
VIII. EVALUATIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records. The Agency shall provide right of access to its
facilities to the City and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the
activities funded under this Contract. The City shall give advance notice to the Agency in the case of fiscal audits to
be conducted by the City.
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 City 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 Project Exhibit or a longer retention period is required by law.
C. Agreement to Cooperate. The Agency agrees to cooperate with the City 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
Chapter 42.56 RCW now and as hereafter amended.
IX. CORRECTIVE ACTION
A. Default by Agency. If the City 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 Exhibit A attached hereto, and if the City deems said breach to warrant
corrective action, the following sequential procedure will apply:
1. The City shall 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 City within ten
(10) business days from the Agency's receipt of the City'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 City receives the Agency's Corrective Action Plan, unless the
City, in its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions.
2023 CDBG CAPITAL CONTRACT - 10 - 6/2023
CITY OF CITY HALL
433325
Avenue Suth
Federalay Way, WA 98003-6325
(253) 835-7000
www cifyoffederalway com
3. The City shall notify the Agency, in writing, within ten (10) business days of receipt of the Plan, of
the City's determination as to the sufficiency of the Plan. The determination of sufficiency of the Plan will be at the
sole discretion of the City.
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 City to be insufficient, the
City may commence termination of this Contract in whole or in part pursuant to Section XI.B;
C. City Withholding of Payment. The City may withhold any payment owed the Agency or prohibit the
Agency from incurring additional obligations of funds until the City 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 Section XI or other remedies authorized by law.
X. 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 City. Additional terms for City consent to such Assignment
may be described in a Project Exhibit. Said consent must be sought in writing by the Agency not less than forty-five
(45) business days prior to the date of any proposed assignment. The Agency shall deliver to the City 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 thirty (30) days after such request for consent to such assignment, City
may reasonably request additional available information on the. proposed assignee. If the City shall give its consent
to any assignment, this Section shall nevertheless continue in full force and effect. Any assignment without prior
City consent shall be void.
XI. TERMINATION
A. Termination for Convenience.
1. This Contract may be terminated by the City without cause, in whole or in part, prior to the
Termination Date specified in Project Exhibits, immediately upon written notice to the Agency of the termination.
The Agency may cancel this Contract only by written notice provided thirty (30) days before the intended
cancellation.
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 Exhibit A, the City may, upon written notification to the Agency,
immediately terminate this Contract in whole or in part.
3. If the Contract is terminated as provided above: (1) the City shall be liable only for payment in
accordance with the terms of this Contract for Services rendered prior to the effective date of termination; (2) the
City's determination of such compensation shall be binding and conclusive; and (3) 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 City may terminate this Contract, in whole or in part, immediately upon written notice to the
Agency 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 the City; or (2) the duties,
obligations, or Services required herein become impossible, illegal, or not feasible.
2023 CDBG CAPITAL CONTRACT - 11 - 6/2023
CITY OF CITY HALL
Fed a ra I Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederatway. com
2. If the City terminates the Contract pursuant to this section, the Agency shall be liable for damages,
including any additional costs of procurement of similar Services from another source.
3. If the 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
City immediately, any funds, misappropriated or unexpended, which have been paid to the Agency by the City.
4. If the Contract is terminated as provided in this Subsection: (1) the City shall 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.
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.
XII. FUTURE SUPPORT
The City 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.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. Agency is an Independent Contractor. In providing Services under this Contract, the Agency is an
Independent Contractor, and the Agency, its officers, agents, or employees are not and shall not be considered the
employees of the City 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 that may accrue to a City employee under state or
local law.
The City 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 City, its 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.
B. Agency Agreement to Repay. The Agency further agrees that it is financially responsible for and will
repay the City all indicated amounts following an audit exception that 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 City shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination Sections.
C. AgencyAgenqy Indemnification of Ci .
1. _Agcncy Indemnification ofCity. The Agency shall protect, defend, indemnify, and save harmless the
City, its 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
2023 CDBG CAPITAL CONTRACT - 12 - 6/2023
CITY OF CITY HALL
Fe d e ra I Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
respects to the City only, any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the City incurs any judgment, award, and/or cost arising there
from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Agency.
Claims shall include, but not be limited to, assertions that involve the use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.
2. 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 City for any harm resulting from unfair trade
practices.
3. The provisions in this section shall survive the termination and/or duration of the contract term.
4. Nothing contained within this provision shall affect and/or alter the application of any other provision
contained within this Contract.
XIV. INSURANCE REQUIREMENTS —GENERAL
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, and/or
employees. The Agency shall pay the costs of such insurance. The Agency shall furnish separate certificates of
insurance and policy endorsements as evidence of compliance with the insurance requirements of this Contract.
The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein.
Failure by the Agency, its agents, employees, officers, Agency, providers, and/or provider subcontractors to comply
with the insurance requirements stated herein shall constitute a material breach of this Contract.
Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made"
form may be acceptable with prior City 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.
Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or
limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided
by the terms and conditions of the policy or policies. Nothing contained in this provision shall affect and/or alter the
application of any other provision contained within this Contract.
B. Risk Assessment by Agency. By requiring such minimum insurance, the City shall not be deemed or
construed to have assessed the risks that may be applicable to the Agency under this Contract, nor shall such
minimum limits be construed to limit the limits available under any insurance coverage obtained by the Agency. 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. GeneraI Liability. Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
2023 CDBG CAPITAL CONTRACT - 13 7 6/2023
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
2. Professional Liability. Errors, and Omissions Coverage. In the event that Services delivered pursuant
to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors,
and Omissions coverage shall be provided. "Professional Services," for the purpose of this Contract section, shall
mean any Services provided by a licensed professional or those Services that require a professional standard of care.
3. Automobile Liabili . Insurance Services Office form number (CA 00 01) 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. Stop Gap/Emp_loyers Liability. Coverage shall be at -least as broad as the protection provided by the
Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the
protection provided by the "Stop Gap" endorsement to the general liability policy.
6. Property Insurance. Insurance Services Office form number (CP 00 10) covering BUILDING AND
PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office form number (CP 10 30) CAUSES
OF LOSS —SPECIAL FORM or project appropriate equivalent.
D. Minimum Limits of Insurance —Services Agreements: The Agency shall maintain limits no less than the
following, for:
1. Commercial General Liability: $2,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage and $2,000,000 in the Aggregate.
damage.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property
3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate.
4. Workers Compensation: Statutory requirements of the State of Residency.
5. Stop Gap or Employers Liability Coverage: $1,000,000.
E. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to,
and approved by, the City. The deductible and/or self -insured retention of the policies shall not apply to the
Agency's liability to the City and shall be the sole responsibility of the Agency.
F. Other Insurance Provisions. All liability insurance policies required in this Contract except Professional
and Workers' Compensation are to contain, or be endorsed to contain, the following provisions:
1. The City, 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.
Such coverage shall include Products -Completed Operations.
2. The Agency's insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees, and agents. Any insurance and/or self-insurance maintained by the City, its officers, officials,
employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way.
3. 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.
2023 CDBG CAPITAL CONTRACT - 14 - 6/2023
CITY OF CITY HALL
� 33325 8th Avenue South
Federal ay Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
G. Acceptability of Insurers. Unless otherwise approved by the City, 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 maybe placed with insurers with a
Bests' rating of B+VII. Any exception must be approved by the City.
If, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall, upon notice
to that effect from the City, promptly obtain a new policy, and shall submit the same to the City, with appropriate
certificates and endorsements, for approval.
H. Verification of Cove ra e. The Agency shall furnish the City 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 City prior to the commencement of activities associated with the
Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any
time.
XV. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Non-discrimination. During the performance of this Contract, the Agency shall not discriminate nor
tolerate harassment on the basis of age, color, creed, national origin, marital status, race, religion, sex, sexual
orientation, or the presence of any mental, physical or sensory, disability in the employment, application for
employment, the administration or delivery of services, or any other benefits under this Contract.
B. Ccln fiance 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, Chapter 49.60 RCW; Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000(a) et
seq.; the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.; and the Restoration Act of 1987. The Agency
shall further comply fully with any affirmative action requirements set forth in any federal regulations; statutes or
rules included or referenced in the contract documents.
C. Fair Housing Protections. The Agency shall comply with the federal Fair Housing Act, Public Law 90-
284 (42 U.S.C. §§ 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 U.S.C. §
3 60 1) and the Washington State Law Against Discrimination (Chapter 49.60 RCW). 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 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.
D. Additional Federal Nondiscrimination Requirements. The Agency shall comply with all applicable
federal laws prohibiting discrimination, including the following:
1. Presidential Executive Order 11063 as amended and implementing regulations at 24 C.F.R. § 107;
2. Section 109 of the HCD Act of 1974, as amended (42 U.S.C. 5301);
3. The Americans with Disabilities Act (42 U.S.C. § 1213; 47 U.S.C. §§ 155, 201, 218 and 225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 C.F.R. § 8.
E. Prohibited Discriminatory Actions.
2023 CDBG CAPITAL CONTRACT - 15 - 6/2023
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6325
(253) 635-7000
www.criyoffedera)way.com
1. Except where expressly authorized by federal law, 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, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence
of any, physical, mental or sensory 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. Denying any person Services due to limited English proficiency;
c. 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;
d. 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;
e. 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;
f. 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;
g. Denying any person any opportunity to participate in a program or activity as an employee; and
h. 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 age, color, familial status, nationality, race, religion, sex, or sexual
orientation; or mental, physical, or sensory disability; 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, color,
familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or
sensory 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.
F. Employment Projections. 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.
G. Record -Keeping Requirements and Site Visits.
The Agency shall maintain, for at least six years after completion of all work under this Contract, the
following:
2023 CDBG CAPITAL CONTRACT - 16 - 6/2023
cirr of
� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
1. Records of employment, employment advertisements, application forms, and other pertinent data,
records and information related to employment, applications for employment or the administration or delivery of
services or any other benefits under this Contract; and
2. Records, including written quotes, bids, estimates, or proposals submitted to the Agency by all
businesses seeking to participate on this Contract, and any other information necessary to document the actual
use of and payments to suppliers in this Contract, including employment records.
The City may visit, at any time, the site of the work and the Agency's office to review the foregoing records.
The Agency shall provide all assistance requested by the City during such visits. In all other respects, the Agency
shall make the foregoing records available to the City for inspection and copying upon request. If this Contract
involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules,
regulations, or statutes included or referenced in the contract documents.
H. 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 payment, and
any other sanctions provided for by the Contract and by applicable law.
I. No Conflict witli Federal Requirements. As indicated by HUD Notice CPD 04-10, a faith -based
organization's exemption from the federal prohibition on employment discrimination on the basis of religion, set
forth in 42 U.S.C. § 2000e-l(a), is not forfeited when the organization receives HUD funding. Faith -based
organizations, like any other entity participating in a HUD -funded program, must, however, comply with all the
statutory requirements of that particular HUD -funded program. Both the CDBG and HOME Programs contain
statutory provisions imposing non-discrimination requirements on all agencies, subgrantees, or contractors.
Religious organizations that believe that certain non-discrimination statutory requirements are substantially
burdensome may be entitled to protection under the Religious Freedom Restoration Act, 42 U.S.C. §§ 4000bb-3,
4000bb-2(1), which applies to all federal law and its implementation. Agencies, subgrantees, or contractors should
be aware that anti -discrimination provisions of Section 109 of the Housing and Community Development Act of
1974, Section 282 of the HOME Investment partnership Act may pose questions of conformance with Title VII of
the Civil Rights Act of 1964 and future court rulings could define more specifically the application of these laws to
faith -based organizations. In the event that a provision of this Contract is deemed to be in actual conflict with federal
law, the conflicting provision in this Contract shall not apply.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a
504/ADA 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, 29 U.S.C. §§ 701 et seq. and the Americans with
Disabilities Act of 1990 (ADA) 42 U.S.C. §§ 12101 et seq. The Agency warrants and represents that it has
completed a 504/ADA Assurance of Compliance and shall submit it to the City. Such Assurance of Compliance is
attached to this Contract and is incorporated herein by this reference.
2023 CDBG CAPITAL CONTRACT - 17 - 6/2023
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cifyoffederalway. com
XVII. 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, et seq.) and shall
comply with the Uniform Federal Accessibility Standards (Appendix A to 24 C.F.R. §§ 40.1, et seq. for residential
structures, and Appendix A to 41 C.F.R. §§ 101-19, et seq. for general type buildings). 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 C.F.R. §§ 100.1, et
seq., now and as amended. i.
XVIII. ENVIRONMENTAL REVIEW
A. National Environmental Policy Act —The City retains environmental review responsibility for purposes
of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review
Procedures.(24 C.F.R. §§ 58.1, et seq.). The City may require the Agency to furnish data, information, and assistance
for the City's review and assessment in determining whether an Environmental Impact Statement must be prepared.
The Agency shall be solely responsible for the cost of compliance with all such federal laws and authorities
including the cost of preparing plans, studies, reports, and the publication of notices that may be required.
B. Other Federal Environmental Laws.
1. Historic Preservation. Activities affecting property listed in or found to be eligible for inclusion in the
National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review
Procedures at 24 C.F.R. §§ 58.1, et seq. The Agency shall meet the historic preservation requirements of Pub. L. No.
89-665 (16 U.S.C. § 470(i)), and the Archaeological and Historic Preservation Act of 1974, Pub. L. No. 93-291 (16
U.S.C. § 469a-1), and Executive Order 11593, including the procedures prescribed by the Advisory Council on
Historic Preservation in the regulations at 36 C.F.R. §§ 801, et seq.
2. Architectural Barriers. Any facility constructed pursuant to this Contract shall comply with design
requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.), and the Uniform Federal
Accessibility Standards (US Government Printing Office, 1985-494-187).
. 3. National Flood Insurance. When applicable, the use of CDBG 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. No. 93-237, 42 U.S.C. § 2414
and 42 U.S.C. §§ 4001-128).
4. Lead -Based Paint. Whenever funds under this Contract are used directly or indirectly for
construction, rehabilitation, or modernization of residential structures, the Agency shall comply, at its sole expense,
with the HUD Lead -Based Paint regulations (24 C.F.R. § 35) issued pursuant to the Lead -Based Paint Poisoning
Prevention Act, as amended (42 U.S.C. §§ 4801, et seq.) and the Residential Lead -Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. §§ 4851, et seq.), with regard to lead -based paint, and with any and all applicable federal,
state, and local laws, regulations, or standards hereafter enacted or issued with regard to lead -based paint. Without
limiting the foregoing, the Agency shall remove or cover, prior to the date for completion of the work funded
hereunder and in compliance with all applicable, laws, regulations, and in conformity with guidelines issued by
HUD, all lead -based paint with lead content above the threshold established by HUD on surfaces affected by the
work funded under this Contract. The Agency.shall defend, indemnify, and hold harmless the City from any liability,
loss, damage, or expense, including costs and attorneys' fees, relating in anyway to lead -based paint at the property
or the abatement or disposal thereof. This provision shall survive expiration and satisfaction of this Contract,
whether by payment, forgiveness, foreclosure, or otherwise.
2023 CDBG CAPITAL CONTRACT - 18 - 6/2023
ciry OF CITY HALL
4! 33325 8th Avenue South
Federal Way, WA 98003-6325
Federal Way
(253) 835-7000
www ciryoffederalway com
5. Other. Clean Air Act as amended, 42 U.S.C. §§ 7401, et seq.; Water Pollution Control Act, 33 U.S.C.
§§ 1367, et seq., as amended; Environmental Protection Agency regulations, 40 C.F.R. §§ 1.1, et seq.
C. State Environmental Policy Act. Agencies which are branches of government under RCW 43.21 C.030
retain responsibility for fulfilling the requirements of the State Environmental Policy Act, Chapter 43.21 C RCW and
the regulations and ordinances adopted thereunder. If the Agency is not a branch of government under RCW
43.21 C.030, the City may require the Agency to furnish data, information, and assistance, as necessary, to enable the
City to comply with the State Environmental Policy Act.
D. Satisfaction of Environmental Requirements.
1. Limitations on Activities Pending Clearance. Pursuant to 24 C.F.R. § 58.22(a), the Agency shall not
commit assistance under this Contract until: 1) the activity is determined to be exempt under §58.34, or is
categorically excluded under §58.35(b), and the City has documented its determination; or 2) the City has completed
an Environmental Assessment and HUD has approved the City's Request for Release of Funds ("RROF") and the
related certification from the City. In addition, until the RROF has been approved by HUD, neither the City nor the
Agency may commit non -HUD fiends on or undertake an activity or project under a program listed in Section 58.1(b)
if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives;
however, an option agreement, self -Help Homeownership Opportunity Program funds, and relocation assistance may
be excluded from the limitation above per 24 C.F.R. § 58.22(d), (e), and (f) respectively.
2. Notice to Proceed. Project execution under this Contract, by either the City or the Agency, shall not
proceed until satisfaction of all applicable requirements of the national and state environmental policy acts. A
written notice to proceed will not be issued by the City until all such requirements are complied with.
XIX. LABOR STANDARDS — 24 C.F.R. § 570.603
A. The Agency shall require that project construction contractors and subcontractors pay their laborers and
mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 U.S.C. §§ 3141 and 3142), and
that they comply with the Copeland Act (18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 3701, et seq.); provided that this section shall not apply to rehabilitation of residential property only if
such property contains not less than eight (8) units. In addition to complying with these federal labor standards, the
Agency shall further require that all project construction contractors comply with all applicable state and local public
works bidding and contracting regulations, specifically including, without limitation, the prevailing wage provisions
set forth in Chapter, 39.12 RCW and all regulations adopted by the State of Washington Department of Labor and
Industries.
B. The Agency shall require that project construction contractors and subcontractors comply with Federal
Labor Standards Provisions (HUD form 4010) and the Davis -Bacon wage determinations.
XX. VOLUNTEERS — 24 C.F.R. § 70
If the Agency or the Contractor/Subcontractor uses volunteers to perform services on a federally -assisted
construction project, it shall ensure that work is performed without promise, expectation, or receipt of compensation
for services rendered. Volunteer files shall include: (1) the name and address of the agency sponsoring the project;
(2) a description of the project; and (3) the number of volunteers and the hours donated to the project.
XXI. ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Contract shall comply with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. §§ 4601, et
2023 CDBG CAPITAL CONTRACT - 19 - 6/2023
CITY OF CITY HALL
Fe d e ra I If Vay Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www dtyoffederalway com
seq. (hereinafter the "Uniform Act" and the government -wide regulations applicable to all federally -assisted
projects, effective April 2, 1989, at 49 C.F.R. §§ 34.1, et seq.
B. 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.
C. 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 Act, and the regulations at 49
C.F.R. §§ 24. 1, et seq., required by federal CDBG regulations at 24 C.F.R. § 570.606. The Agency shall comply
with the regulations pertaining to costs of relocation and written policies, as specified by the City of Federal Way's
Displacement Policy.
XXII. PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the State of Washington, it
may become necessary to grant the City a property interest where the subject project calls for the acquisition,
construction, reconstruction, rehabilitation, or installation of publicly -owned facilities and improvements.
XXIII. REVERSION OF ASSETS — 24 C.F.R. § 570.505.
A. Any real property under the Agency's control that was acquired or improved in whole or in part with
CDBG funds in excess of $25,000 must either be:
1. Used to meet one of the national objectives set forth in 24 C.F.R. § 570.208 of the CDBG regulations
until five (5) years after expiration of the Contract, or such longer period of time as determined by the City. For
Acquisition or improvement of real property projects, the Agency and the City shall execute a Community Facility
Covenant Agreement (attached as Exhibit F if applicable); or
2. Disposed of in a manner consistent with the requirements of 24 C.F.R. § 570.505 resulting in the City
being reimbursed in the amount of the current fair market value of the property, less any portion attributable to
expenditures of non-CDBG funds for acquisition of, and improvements to, the property. Such reimbursement is not
required after the period of time specified in Paragraph (A) above.
XXIV. PROPERTY MANAGEMENT STANDARDS
A. The Agency shall meet the following procedural requirements for all property acquired in whole or in
part with CDBG funds:
1. Property records shall be maintained accurately and provide for a description of the property;
manufacturer's serial number or other identification number; acquisition date and cost; source of the property;
percentage of CDBG funds used in the purchase of property; and location, use, and condition of the property.
2. A physical inventory of property taken and the results of that inventory are reconciled with the
property records at least once every two (2) years to verify the existence, current utilization, and continued need for
the property.
3. A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of
the property which shall be investigated and fully documented.
2023 CDBG CAPITAL CONTRACT - 20 - 6/2023
SCITY OF
� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
B. The disposition of real property acquired in whole or in part with CDBG funds shall be at no less than its
current appraised fair market value (or for a lease, at the current market value), except that such property may be
disposed of for a lesser value, including by donation, if the disposition at the lesser value is for a use which qualifies
under one of the criteria set forth in 24 C.F.R. §- 570.208 for meeting the national objectives and is permissible under
state and local law. Where the disposition is for a lesser value, the recipient shall maintain documentation that the
use meets one of the national objectives pursuant to 24 C.F.R. § 570.208.
XXV. ADDITIONAL LOCAL REQUIREMENTS
A. Type of Form of Assistance — The Agency may determine based on its policies corresponding with
CDBG requirements whether each homeowner project is a loan or a grant.
Mortgage or Leasehold _Agreement — To secure the CDBG grant funds provided to eligible homeowners
through this Contract, the Agency shall have the applicant(s) execute a Promissory Note ("Note") in the principal
amount equal to the total amount of grant funds expended for their property and a Deed of Trust securing said Note.
The Agency agrees to have the CDBG eligible property owners execute the following documents, which shall be
reviewed by the City prior to execution and provided to the City prior to the expenditure of loan funds:
City of Federal Way Homeowner Loan Agreement;
2. Promissory Note, and
3. Deed of Trust.
The terms and conditions of the Note and Deed of Trust are incorporated into the Homeowner Loan
Agreement in full by reference and any default under the Note and Deed of Trust shall, at the option of the City,
constitute a default under the Homeowner Loan Agreement, as defined in the executed Note.B. AdequateValue.In
rehabilitation projects, the City shall require evidence through a property appraisal, title search, or other means to
ensure that there is adequate value so as to secure the City's financial interest.
C. City Ordinance, Codes, and Regulations. In acquisition, construction, and rehabilitation projects, the
Agency shall comply with all applicable City ordinances, codes, and regulations.
D. Additional Public Information. For all construction projects, the Agency shall erect a sign to City
specifications at the construction site, which identifies the source of funds, except that this requirement may be
waived for construction projects of $5,000 or less.
XXVI. SUBCONTRACTS AND PURCHASES
A. Subcontract Defined. "Subcontract" shall mean any contract between the Agency and any entity or
between two entities to perform activities within the Scope of 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. Approval_ Required. The Agency shall not subcontract any portion of this Contract without City approval.
Said approval must be sought in writing by the Agency prior to executing a subcontract. The request for approval
shall include Certification regarding Debarment and Suspension and verification of Labor and Industries eligibility.
If the City approves in writing any subcontract, this Section shall nevertheless continue in full force and effect. Any
subcontract without prior approval shall be void and not reimbursable under this contract.
2023 CDBG CAPITAL CONTRACT - 21 - 6/2023
CITY OF
,^ Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
C. Verification of Subcontractor's ElimbilAy — 24 C.F.R. § 5. The Agency shall maintain records
documenting that the Agency, all subcontractors, and consultants have been determined not to be currently debarred,
suspended, denied participation, or declared ineligible to participate in federal government funded programs.
Verification of eligibility shall be accomplished by verification of entity eligibility and registration for a Unique
Entity Identifier, which is attached and incorporated as Exhibit B.
D. Procurement Requirements. In awarding contracts pursuant to this Contract, the Agency shall comply
with all applicable requirements of local and state law for awarding contracts, including but not limited to
procedures for competitive bidding, contractor's bonds, prevailing wages, and retained percentages (Chapter 60.28
RCW, Chapter 39.12 RCW, and Chapter 39.04 RCW). In addition, the Agency shall comply with the requirements
of the U.S. Office of Management and Budget ("OMB") Super Circular 2 C.F.R. § 200, relating to "Procurement
Standards," and with Executive Order 11246 regarding nondiscrimination in bid conditions for projects over
$10,000. Where federal standards differ from local or state standards, the stricter standards shall apply. If the Agency
is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 C.F.R. § 84.40 through
.48 or as otherwise provided in the Project Exhibits. The regulations at 24 C.F.R. § 85.36 (b) through (g) and 24
C.F.R. § 84.40 through .48, require that all goods and Services, irrespective of cost, be procured using a competitive
process.
E. 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.
XXVII. CONFLICT OF INTEREST
A. The Agency agrees to abide by the provision of 24 C.F.R. §§ 84.42 and 570.611, which include (but are
not limited to) the following:
1. The Agency shall maintain a written code or standards of conduct that shall govern the performance
of its officer, employees, or agents engaged in the award and administration of contracts supported by Federal funds;
and
2. No employee, officer, or agent of the Agency shall participate in the selection or in the award, or
administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
3. No covered persons who exercise or have exercised any functions or responsibilities with respect to
CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside
information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest
in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for a period of (1) year thereafter. For
purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or
elected or appointed official of the City, the Agency, or any designated public Agency.
B. Agency Covenants. The Agency covenants that no officer, employee, consultant, elected or appointed
official, or agent of the Agency who exercises any functions or responsibilities in connection with the activities
funded in whole or in part under this Contract, herein, or any other person who exercises any functions or
responsibilities in connection with the activities funded herein, shall have any personal financial interest, direct or
indirect, in this Contract, either for themselves or those with whom they have business or immediate family ties,
during their tenure or for one year thereafter. Any interest on the part of the Agency or its employees must be
disclosed to the City. The Agency shall take appropriate steps to assure compliance with this provision.
2023 CDBG CAPITAL CONTRACT - 22 - 6/2023
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
C. Current and Former City em to ees. The Agency acknowledges that, for one year after leaving City
employment, a former City employee may not have a financial or beneficial interest in a contract or a grant that was
planned, authorized, or funded by a City action in which the former City employee participated during City
employment. The Agency shall identify, at the time of offer, current or former City employees involved in the
preparation of proposals or the anticipated performance of work if awarded the Contract. Failure to identify current
or former City employees involved in the transaction may result in the City's denying or terminating the Contract.
After Contract award, the Agency is responsible for notifying the City's Project Manager of current or former City
employees who may become involved in the Contract any time during the term of the Contract.
D. Non -Disclosure is Grounds for Termination. Violation of this Section shall constitute a material breach
of this Contract and grounds for termination pursuant to Section XI, as well as any other right or remedy provided in
this Contract or law.
XXVIII. 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.
B. Certification Regarding Lobbying. The Agency certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated fiends 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 fiends 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. 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 U.S.C. § 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.
XXIX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment Over $5.000. The Agency agrees that any equipment purchases, in whole or in part, with
Contract funds at a cost of $5,000 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 City and/or federal 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 shall ensure that all such equipment shall be returned to the City
and/or federal government upon termination of this Contract unless otherwise agreed upon by the Parties.
D. Right of Access. The Agency shall admit the City's designee to the Agency's premises for the purpose of
marking such property with City property tags.
2023 CDBG CAPITAL CONTRACT - 23 - 6/2023
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cilyoffederalway com
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.
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 C.F.R. § 570.502(b)(3)(vi), if the Agency is a nonprofit
corporation and 24 C.F.R. § 570.502(a) and 24 C.F.R. § 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 City for instructions prior to disposing
of, surplusing, encumbering, or transferring ownership of any equipment purchased in whole or in part with federal
funds.
XXX. 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 Executive Officer of the Agency and Mayor of Federal Way. Any notices may be
delivered personally to the addressee of the notice or maybe deposited in the United States mail, postage prepaid, to
the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing.
XXXI. 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 City, irrevocable, nonexclusive, and
royalty -free license to reproduce, publish or otherwise use, and to authorize others to use, the work for governmental
purposes, according to law, any material or article and use any method that may be developed as part of the Services
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.
XXXII. 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 City pursuant to Section
IV are not required to be incorporated by written amendment.
XXXIII. 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. Failure or delay of the City to declare any breach or
default immediately upon occurrence, shall not waive such breach or default. Failure of the City to declare one
breach or default does not act as a waiver of the City's right to declare another breach or default.
XXXIV. 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.
2023 CDBG CAPITAL CONTRACT -24- 6/2023
CITY OF
N. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
B. Cumulative Remedies. No provision of this Contract precludes the City from pursuing any other
remedies for the Agency's failure to perform its obligations.
C. No Third -Party Rights. This Contract is for the benefit of the named Parties and the City of Federal Way
only, and no other third -party shall have any rights thereunder.
XXXV. SUPPLANTING
If the Agency is a nonprofit corporation providing Public Services under this Contract with CDBG funds and
the Agency received non-federal funds from the City ("local funds") to provide the same Services as those funded
herein during the preceding calendar year, the Agency must use the funds provided herein to pay for units of service
this year that are over and above the level of service provided with local funds during the previous year.
XXXVI. ATTORNEYS' FEES AND COSTS
In the event either of the Parties defaults on the performance of any of the terms of this Contract or either
Party places the enforcement of this Contract in the hands of an attorney or files a lawsuit, each Party shall pay all of
its own attorneys' fees, costs, and expenses. The venue for any dispute related to this Contract shall be King County,
Washington.
XXXVII. 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 C.F.R. § 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/or 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.
XXXVIII. CONSTITUTIONAL PROHIBITION
Funds Not Used for Religious Purposes. In accordance with the First Amendment of the United States
Constitution and 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. Except
where otherwise allowed by Federal law, the following restrictions and limitations apply to the use of CDBG funds:
A. An Agency may not engage in inherently religious activities, such as worship, religious instruction or
proselytization, as part of the assistance funded under this Contract. If the Agency conducts religious activities, the
activities must be offered separately, in time and location, from the assistance funded under this Contract, and
participation must be voluntary for the beneficiaries of the assistance.
B. In performing under this Contract, the Agency shall not discriminate against a program beneficiary or
prospective program beneficiary on the basis of religion or religious belief.
XXXIX. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY
ACT OF 1996
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 C.F.R. §§
160 and 164.
2023 CDBG CAPITAL CONTRACT - 25 - 6/2023
'4S CITY OF CITY HALL
Fed a ra WayFeder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
A. Obligations and Activities of the Agency.
The Agency agrees not to use or disclose protected health information other than as permitted or
required by law.
2. Implement administrative, physical, and technical safeguards that reasonably and appropriately
protect the confidentiality, integrity, and availability of the protected health information that it creates, receives,
maintains, or transmits on behalf of the covered entity as required by 45 C.F.R. § 164, Subpart C.
3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the
Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this
Contract.
4. The Agency agrees to report to the City any use or disclosure of protected health information not
allowed under this Contract, or security incident, within two days of the Agency's knowledge of such event.
5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected
health information received from, or created or received by the Agency on behalf of the City, agrees to the same
restrictions and conditions that apply through this Contract to the Agency with respect to such information.
6. The Agency agrees to make available protected health information in accordance with 45 C.F.R. §
164.524.
7. The Agency agrees to make available protected health information for amendment and incorporate
any amendments to protected health information in accordance with 45 C.F.R. § 164.526.
8. The Agency agrees to make available the information required to provide an accounting of disclosure
in accordance with 45 C.F.R. § 164.528.
B. Effect of Termination.
1. Except as provided in paragraph B.2. of this section, upon termination of this Contract, for any
reason, the Agency shall return or destroy all protected health information received from the City, or created or
received by the Agency on behalf of the City. This provision shall apply to protected health information that is in the
possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health
information.
2. In the event the Agency determines that returning or destroying the protected health information is
infeasible, the Agency shall provide to the City notification of the conditions that make return or destruction
infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall
extend the protections of the Contract to such protected health information and limit further uses and disclosure of
such protected health information to those purposes that make the return or destruction infeasible, for so long as the
Agency maintains such protected health information.
XL. CONFIDENTIALITY
The Agency agrees that all information, records, and data collected in connection with this Contract shall be
protected from unauthorized disclosure in accordance with applicable state and federal law.
XLI. DEBARMENT AND SUSPENSION
Agency certifies that, except as noted below, the firm, association, or corporation or any person in a
controlling capacity associated therewith or any position involving the administration of federal funds; is not
currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the
2023 CDBG CAPITAL CONTRACT - 26 - 6/2023
,4S clrr OF CITY HALL
Federal 'Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a
civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in
any matter involving fraud or official misconduct within the past three (3) years (Executive Orders 12549 and
12689, "Debarment and Suspension").
XLII. GENERAL PROVISIONS
A. Successors in Interest. Subject to Section X., Assignment, the rights and obligations of the Parties shall
inure to the benefit of, and be binding upon, their respective successors in interest, heirs, and assigns.
B. Governing Law. This Contract shall be made in, governed by, and interpreted in accordance with the laws
of the State of Washington.
C. Authority. Each individual executing this Contract on behalf of the City and Agency represents and
warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Agency or the
City.
D. Captions. The respective captions of the sections of this Contract are inserted for convenience of
reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Contract.
E. Counterparts. This Contract may be executed in any number of counterparts, which counterparts shall
collectively constitute the entire Contract.
F. Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended,
occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void
at the City's option.
G. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate
in the drafting of this Contract and the Exhibits, if any, attached. No ambiguity shall be construed against any
Party upon a claim that that Party drafted the ambiguous language.
[Signature page follows]
2023 CDBG CAPITAL CONTRACT - 27 - 6/2023
CITY
Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cityoffederalway. com
IN WITNESS, the Parties execute this Contract below, effective the last date written below.
CITY OF FEDERAL WAY:
By: _ a.,
Ji well, ayar
DATE:
ATTEST:
4Aaw� &A�An -
phanie Courtney, CMCkshy Clerk
APPROVED AS TO FORM:
Call, City Attorney
HABITAT FOR HUMANITY SEATTLE-KING COUNTY:
By:
1
Printed Name:
Title:
DATE: {,
STATE OF WASHINGTON )
) ss,
COUNTY OF `
r
On this day personally appeared before me a to me known to be the
Op,c) of Habitat for Humanity Seattle -King County that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN under my hand and official seal this
day of }1�[ 1(i f� , 20#
Wj►ti I i i i urrr�r�
?Y P���'r,, Notary's
AX
signature
`A
d Commission Number e;�j
206726 Notary's printed name
IA
iv, Martha Martin z7-
—4
Notary Public in and for the State of Washington
My commission expires
My Appointment Expires
�0=
� 312512027
C7
�
2023 CDBG CAPITAL CONTRACT - 28 - 6/2023
CITY OF CITY HALL
Fed ra y 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederaiway. com
EXHIBIT A
PROJECT SCOPE OF SERVICES
Project No.:
Start Date: 11/01/2023
Project Title: Home Repair Program
End Date: 10/31/2024
Federal Way Contract No.:
Termination Date: 10/31/2024
Agency Contact Person: Kristina CoplSy
Telephone: (425) 463-7023
E-mail: Kristina.co ley habitatskc.or
Fax:
The Agency shall utilize City of Federal Way Community Development Block Grant funds to perform all the
activities specified in this Exhibit beginning on 11/01/2023 and completing no later than 10/31/2024. 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.
I. Project Summary
A. Goal. To make it possible for homeowners in Federal Way to access the opportunity to live in safe,
habitable, affordable housing. This work may include, but is not limited to: roof replacement or repair; deck,
siding, window and door repair or replacement; exterior painting; safe access modifications, such as ramps or
railings; and other repairs needed to alleviate health and safety issues or prolong the life of the home and the
continued residency of the homeowner within it.
B. Outcome. Accomplish repairs for at least 10 Federal Way homeowners.
C. Indicators. Construction scope of work for each repair
- Renovation budget for each repair
- Number of volunteer hours and homeowner sweat equity hours for rehab and each repair
- Photos of before and after for each repair
- Signed inspection forms for appropriate permits
- Repair agreement signed by each homeowner
- Sign off repair by homeowner upon completion of work
- Post repair survey to evaluate service and impact of repair on the home
- Yearly retention through public record search
- Annual household surveys
D. Program Rtguirements.
1. Home location (must live within Federal Way boundaries)
2. Repair need
3. Willingness to partner with Habitat and invest at least 8 hours of sweat equity; and
4. Own and live in the home for 1 year prior to applying.
HFHSKC verifies these criteria through a standard application form and source documentation.
2023 CDBG CAPITAL CONTRACT - 29 - 6/2023
CITY OF CITY HALL
�� Feder Fed a ra I Way 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederal way. com
E. Records and Reports. 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 City's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the City for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
S. Records documenting that costs reimbursed with funding provided under this Scope are allowable
in accordance with OMB Super Circular 2 C.F.R. § 200. Such records include, but are not limited to:
o 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. Direct salaries and wages of employees chargeable to more than one grant program or
other cost objective(s) must be supported by time distribution records. Timesheets should
contain an after the fact determination of the actual activity of each employee and be
annotated to document the time charged to the project if daily hours being paid for by the
respective CDBG award are not noted.
o For staff travel, documentation of mileage charges for private auto use must include: a)
destination and starting location, and b) purpose of trip; and
o 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. Subcontractor Contracts including the provided Supplementary Conditions.
11. Documentation required by this Contract if any funds provided under this Scope are used to
acquire equipment.
12. The Agency shall ensure that services provided with funding under this Contract are made
available to Federal Way residents.
13. 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.
14. Documentation of compliance with Davis Bacon, Labor and Industries, and all other applicable
labor laws and regulations.
The definition of family shall include all persons living in the same household who are related by
birth, marriage, or adoption and includes dependent children living away from home. Adjusted gross
income as defined by the Internal Revenue Service Form 1040 shall be used to determine persons' or
households' income. The following methods may be used to determine income eligibility:
a) IRS income tax return;
b) Client income certification on a form approved by the City; or
c) Documentation of qualification for participation in a "means -tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
2023 CDBG CAPITAL CONTRACT - 30 - - 6/2023
Federal Way
CITY OF
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
�m wWyoffederalway com
2023 HUD CDBG INCOME GUIDELINES
King County, Washington
Effective June 1, 2023
30% MEDIAN
50% MEDIAN
80% MEDIAN
FAMILY
EXTREMELY
VERY LOW-
LOW -
SIZE
LOW-INCOME
INCOME
INCOME
1
$28,800
$47,950
$70,650
2
$32,900
$54,800
$80,750
3
$37,000
$61,650
$90,850
4
$41,100
$68,500
$100,900
5
$44,400
$74,000
$109,000
6
$47,700
$79,500
$117,050
7
$51,000
$84,950
$125,150
8
$54,300
$90,450
$133,200
Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated Income
Guidelines, which will be provided by the City.
Record Retention Period
All records required by this Scope shall be retained by the Agency for the period of time specified in the
Contract in Section VI. The period of time shall commence on January 1 of the year following the
termination date.
II. Project Budget
The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary.
The total amount of reimbursement pursuant to this Scope shall not exceed One Hundred Fifty Thousand and
00/100 Dollars ($150,000.00).
A. City of Federal Way Funds
City of Federal Way Community
Development Block Grant
$150,000.00
Total City of Federal Way Funds:
$150,000.00
B. Line Item Budget
Personnel Services (detail below)
$62,900.00
Other (specify below):
Material and subcontractor costs
$87,100.00
Total City of Federal Way Funds:
$150,000.00
C. Personnel Detail
Position Title
Position Full Time
Equivalent
Annual Salary
and Benefits
CDBG Funds
Repair Program Manager
0.18 FTE
$99,840.00
$17,972.00
Repair Project Management
0.2 FTE
$99,840.00
$19.968.00
Repair Site Manager
0.25 FTE
$99,840.00
$24,960.00
Total:
0.8 FTE
$156,000.00
$62,900.00
2023 CDBG CAPITAL CONTRACT - 31 - 6/2023
CITY OF
Federal Way
III. Project Milestones
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cltyotfederalway com
Milestones
Projected Completion Date
Projects 1 started
12/31 /23
Projects 2-4 started
4/15/24
Projects 5-7 started
6/15/24
Projects 8-10 started
8/15/24
Projects 1-3 complete
6/15/24
Projects 4-6 complete
8/15/24
Projects 7-10 complete
9/ 15/24
Final completion reports
10/31/24
IV. Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with CDBG
funds:
111 Quarter
2"d Quarter
311 Quarter
4tn Quarter
Total in Year
Nov-JAN
FEB-APRIL
MAY—JULY.
SEPT-OCT.
2023/2024
No. of unduplicated Federal Way
persons assisted
0
3
3
4
10
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
111 Quarter 2"d Quarter
NOV-JAN FEB-APRIL
3`d Quarter
MAY-JULY.
411 Quarter
SEPT-OCT.
Total in Year
2023/2024
Homes Re aired
0 3
3
4
10
C. Definition of Services
Homes will be repaired for low-income families that could not otherwise afford to repair their homes.
V. Reports, Invoicing and Reporting Schedule
A. Reports. The Agency shall collect and report client information to the City at least quarterly and annually
on forms provided by the City. If preferred, the Agency may select to submit invoice requests and reports within
4 days after project is completed.
The Agency shall implement and track at least one measurable outcome for the program as presented in the
application. Changes to the outcome presented in the application must be approved by the City prior to
implementation. The Agency shall report the results of your outcome measure(s) annually on the Outcomes
Report to be submitted at the end of the fourth quarter.
City staff may waive specific Agency reporting requirements in writing. City staff may also require
additional reports, as needed, to monitor of the program.
2023 CDBG CAPITAL CONTRACT - 32 - 6/2023
A4SCITY 4F
,Federal
CITY HALL
Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
B. Invoicing and Reporting Schedule. Forms shall be submitted no less frequently than quarterly and are due
on the following dates, or within 10 days of notice to proceed, whichever is later. The Agency shall submit
forms to the City in accordance with the following schedule:
1 st Quarter: January 6, (2024):
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
2nd Quarter: April 15, (2024):
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
3rd Quarter: July 15, (2024):
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
4th Quarter: October 31, (2024):
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
3. Annual Outcomes Report form
4. Project Beneficiary Data/Project Funding Report Form
The Agency shall submit invoices to the City on the most recent Reimbursement Request and reporting forms
provided by the City. Such forms shall be signed by an authorized representative of the Agency. Invoices shall
include copies of supporting documents.
Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be
attached to the reimbursement request for invoice to be approved.
VI. Conditions of Funding
The Agency is responsible for meeting the applicable portions of the funding conditions adopted as part of the
CDBG Allocation Process for the program year of this contract.
VII. Public Information
In all news releases and other public notices related to projects funded under this Contract, the Agency will include
information identifying the source of funds as the Federal Way CDBG Program.
VIII. Conflict of Interest
The Agency covenants that no person who presently exercises any functions or responsibilities in connection with
the Community Development Block Grant Program has any personal financial interest, direct or indirect, in this
Contract. The Agency further covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Agency
further covenants that in the performance of this Contract, no person having any conflicting interest will be
employed. Any interest on the part of the Agency or its employees must be disclosed to the City.
2023 CDBG CAPITAL CONTRACT - 33 - 6/2023
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwalyoffederalwav com
EXHIBIT B
CERTIFICATION RE: DEBARMENT AND SUSPENSION
2023 CDBG CAPITAL CONTRACT - 34 - 6/2023
Entity Information
HABITAT FOR HUMANITY SEATTLE-KING • Active Registration
COUNTY
Unique Entity ID CAGE/NCAGE Expiration Date
GS38CDNLJG67 6BU08 May4,2024
Physical Address Mailing Address
500 Naches AVE SW 500 Naches AVE SW
STE 200 STE 200
Renton, Washington Renton, Washington
98057-2293, United States 98057-2293, United States
Purpose of Registration
Federal Assistance Awards Only
Version
Current Record
Last updated by Martha Martin on May 05, 2023 at 12:55 PM HABITAT FOR HUMANITY SEATTLE-KING COUNTY
I'M" SAM*GOV'
HABITAT FOR HUMANITY SEATTLE-KING COUNTY
Unique Entity ID
GS38CDNLJG67
Registration Status
Active Registration
Physical Address
500 Naches AVE SW
STE 200
Renton, Washington 98057-2293
United States
�,�3usinass Information
Doing Business as
SEATTLE HABITAT FOR HUMANITY
Congressional District
Washington 09
Registration Dates
Activation Date
May 9, 2023
Entity Dates
Entity Start Date
Apr 1,1986
Immediate Owner
CAGE
(blank)
Highest Level Owner
CAGE
(blank)
CAGE/NCAGE
6BU08
Expiration Date
May 4, 2024
Mailing Address
500 Naches AVE SW
STE 200
Renton, Washington 98057-2293
United States
Division Name
Habitat For Humanity Seattle -king County
State / Country of Incorporation
Washington / United States
Submission Date
May 5, 2023
Fiscal Year End Close Date
Jun 30
Legal Business Name
(blank)
Legal Business Name
(blank)
Purpose of Registration
Federal Assistance Awards Only
Division Number
(blank)
U RL
hftps://www.habitatskc.org/
Initial Registration Date
Mar 28, 2011
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of
P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is
sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant
responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9,
or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active
registration in SAkgov demonstrates the registrant responded to the proceedings questions.
Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non -sensitive information to be displayed in SAM public search results:
Yes
Entity Types
Business Types
Entity Structure
Corporate Entity (Tax Exempt)
Profit Structure
Non -Profit Organization
Oct 26, 2023 06:02:14 PMGMT
hltps: llsam. gov/entity/GS38CDNLJG671coreDala?status=null
Entity Type
Business or Organization
Organization Factors
(blank)
Page 1 of2
Last updated by Martha Martin on May 05, 2023 at 12:55 PM
HABITAT FOR HUMA NITY SEA TTLE-KING COUNTY
Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small
business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the
SBA supplemental pages during registration.
Flnanciat Information - - —
Accepts Credit Card Payments Debt Subject To Offset
No No
EFT Indicator
0000
Points of Contact
Electronic Business
0
Brett D'Antonio, CEO
Government Business
0
Brett D'Antonio
Past Performance
CAGE Code
6BU08
500 Naches AVE SW
Suite 200
Renton, Washington 98057
United States
500 Naches AVE. SW.
Suite 200
Renton, Washington 98057
United States
500 Naches AVE SW
Rebecca Gobeille, General Counsel STE 200
Renton, Washington 98057
United States
Service Classifications
NAICS Codes
Primary NAICS Codes
i]Isaste_r,R$s►foEtIM
This entity does not appear in the disaster response registry.
NAICS Title
Oct 26. 2023 06:02:14 PM GMT
hilps://sam.gov/entitylGS38CDNLJG67/coreData?status=null Page 2 oJ2
AC a0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDmYY)
112/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER ICOONNTTACI Lockton Affinity, LLC
Lockton Affinity, LLC PHONHa 888-553-9002 pc No;913-652-3967
E-MAIL
P. O. Box 873401 ApaRE99:
Kansas City, MO 64187-3401 INSURER(S) AFFORDING COVERAGE NAIC#
INSURED INSURER B: ACE Property & Casualty Insurance Co. 20699
Habitat for Humanity Seattle -King County
INSURER C: Ace Property and Casualty_20699
500 Naches Ave. SW, Ste 200 INSURERD.*
Renton, WA 98057 INSURERE:
INSU F_
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
—mcatffILs4 TYPEOFINSURANCE I Si]L."WVD pOLICYNUMBER MfODIyyEy M�hT1pOfYYY LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
GL1065886-23
04/01/2023
04/01/2024
EACHOCCURRENCE
$ 1,000,000
CLAIMS -MADE i] OCCUR
PAREN9SES Ea omurrence
$ 1,000,000
X
$ 0
Hired and Non -Owned
MED EXP (Any oneperson)
Auto Liability
PERSONAL & ADV INJURY
$1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$2,000,000
X POLICY JECT LOC
PRODUCTS-COMP/OP AGG
$ 2. 000,000
$
OTHER:
B
AUTOMOBILE LIABILITY
H08787475-10
04/01/2023
04/01/2024
COM21NED SINGLE LI MIT$
ffA aotldent
BODILY INJURY (Per Person)
$
ANY AUTO
ALL OWNED X SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
R OAMAGE
Perscriden!
$
NON -OWNED
HIRED AUTOS AUTOS
C
X
UMBRELLA LIAB X OCCUR
ULII065886-23
04/01/2023
04/01/2024
EACH OCCURRENCE
$1,000,000
AGGREGATE
$1,000,000
EXCESS LIAB CLAIMS -MADE
DED I X I RETENTION $ 10,1
$
'WORKERS COMPENSATION
AND EMPLOYERS LIABILITY YIN
,ANYPROPRIETOR/PARTNEPJEXECUTIVE
PER OT -
TAT ER
EL. EACH ACCIDENT
$
:OFFICER/MEMBER EXCLUDED? ❑
N / A
EL. DISEASE- EA EMPLOY
$
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
I
E.L. DISEASE- POLICY LIMIT
$
B
Excess Liability
XLW-M00786111-009 04/01/2023I04/01/2024
Occurrence $5,000,000
Aggregate $5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Insurer A: Property Incl. Crime, Policy # PC1065886-23, 04/01/2023 - 04/01/2024, Limits Per Schedule on file
with Lockton Affinity, LLC.
Insurer A: Directors & Officers Liability, Policy # DO1065886-23, 04/01/2023 - 04/01/2024, Limit: $1,000,000
Insurer A: Excess Directors & Officers Liability, Policy # DOX11065886-23, 04/01/2023 - 04/01/2024, Limit: $1,000,000
Insurer: D Federal Insurance Co: Professional Liability, Policy #J06274171, 04/27/2023-04/27/2024, Aggregate: $1,000,000
Retentions: $10,000 Retro Date: 4/27/2023.
CERTIFICATE HOLDER CANCELLATION
1065886
City of Federal Way
33325 Bth Avenue South
Federal Way, WA 98003-6325
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHOR12Fp.$FARESE NTATI��
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
47429148 1065886
11/1/23, 10:19 AM Washington State Department of Revenue
Washington State Department of Revenue -
< Business Lookup
License Information:
Entity name:
HABITAT FOR HUMANITY SEATTLE-KING COUNTY
Business name:
SEATTLE HABITAT FOR HUMANITY
Entity type:
Nonprofit Corporation
LIBI #:
601-059-723
Business ID:
001
Location ID:
0002
Location:
Active
Location address:
500 NACHES AVE SW
STE 200
RENTON WA 98057-2293
Mailing address: 500 NACHES AVE SW
STE 200
RENTON WA 98057-2293
Excise tax and reseller permit status:
Click here
Secretary of State status:
Click here
Endorsements
Endorsements held at this locatic License #
Count
Details Status Expiration date
Active May-31-2024
Active May-31-2024
Active May-31-2024
Active May-31-2024
Governing Peo p I e May include goveming people not registered with Secretary of State
Governing people Title
D'ANTONIO, BRETT
Registered Trade Names
New search Back to results
First issuance date
Mar-25-2021
Mar-23-2006
Sul-07-2022
Mar-02-2021
hftps://secure.dor.wa.gov/gteunauth/—,t#4
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11/1/23, 10:19AM Washington State Department of Revenue
Registered trade names Status First issued
HABITAT FOR HUMANITY SEATTLE-KING & KITTITAS Active Jan-27-2023
COUNTIES
HABITAT FOR HUMANITY STORE Active Oct-05-2017
View Additional Locations
The Business Lookup information is updated nightly, Search date and time: 11/1/2023 10:19:42 AM
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