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AG 09-181i�� t� CITY� OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP l. ORIGINATINGDEPT./DIV: cD-xs 2. ORIGINATING STAFF PERSON: DEE DEE CATALANO EXT: _2651 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) CONTRACTOR SELECTION DOCUMENT (E. Cz, RFB, RFP, RF� PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT PROFESSIONALSERVICEAGREEMENT MAINTENANCEAGREEMENT O GOODS AND SERVICE AGREEMENT REAL ESTATE DOCUMENT ORDINANCE O CONTR� �JTHER 5. PROJECT r 6. NAME OF CONTRACTOR: w� r�G�,' (j ���1�(M L/IV I �/T�-�c� G��� I�UM C �U �+UI M� �HUMAN SERVICES CDBG SECURITY DOCiJMENT (E.G. sorm xEEr.w�n vocu�rrrs) RESOLUTION 7. EXHIBITS AND ATTAC�IMENTS: x scoPE WORK OR SERVICES COMPENSATION X INSURANCE REQUIREMENTS/CERTiFICATE X ALL OTHER REFERENCED EXHIBITS X PROOF OF AUTHORITY TO SIGN REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS Z�� g �2�� 9 �3 8. TERM: COr�IlVIENCEMENT DATE: COMPLETION DATE: �9?0 9. TOTAL COMPENSATION �Q SI V� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CI� GE ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RAT�S) REIMBURSABLE EXPENSE: YES NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED YES NO IF YES, PAID BY: CONTRACTOR CITY x PURCHASING: PLEASE CHARGE TO: 10. CONTRACT REVI�W PROJECT MANAGER DIRECTOR SIGNATORY �CM, ACM, OR DIRECTOR� RISK MANAGEMENT (IF .aPriacaB�) LAW IIVITIAL/DATE REVIEWED Il�iITIAL/DATE APPROVED 1L CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EX�IIBITS O LAW DEPARTMENT SIGNATORY (cM ACM, OR DIRECTOR� ��E�E�K ASSIGNED AG# �i 1 SIGNED COPY RETURNED COMMENTS .il U II DATE REC'D: IlVTITAL/DATE SIGNED 3/09 s2aTE o.s, o 4' q x w' 0 ��'L 1889 y STATE OF WASHINGTON DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT 128 lOth Avenue SW PO Box 42525 Olympia, Washington 98504-2525 •(360) 725-4000 September 21, 2009 Mr. Neal Beets City of Federal Way City Manager P.O. Box 9718 Federal Way, Washington 98063 Subject: Neighborhood Stabilization Program (NSP) Grant Agreement Number 08-F6401-005 Dear Mr. Beets: Enclosed is a fully executed agreement for the City of Federal Way's NSP grant. Pursuant to the terms of NSP grant agreement, you may now request reimbursement for costs accrued since the February 18, 2009 award date. You may also begin implementing eligible NSP activities following the completion of necessary pre-requisite activities such as environment review. An electronic copy of the A-19 invoice voucher, which is necessary to request reimbursement, will be emailed to the project manager within the next few days. It will accompany a contract data sheet that lists project activity codes and budget amounts that you will need to include on the A-19 invoice. Please note carefully and fulfill the requirements listed in Attachment A, Scope of Work, of the grant agreement. It outlines pertinent information regarding the requirements of the Neighborhood Stabilization Program. The schedule for the completion of the grant agreement, along with important milestones, is listed in the grant agreement. It is the responsibility of City of Federal Way to meet the schedule set forth in the grant agreement along with its terms and conditions. Failure to comply with the schedule, terms and conditions of the grant agreement may result in the reduction of grant funds and/or the termination of the grant agreement. RECEIVED SEP 2 3 ZUO� CITY OF FEDERAL WAY CITY MANAGER'S C3FFICE Mr. Neal Beets September 21, 2009 Page 2 Please contact me if you have questions. I can be reached at 360-725-3051 or email bill mandeville( a�commerce.wa.�ov I look forward to working with you and your staff. Sincerely, F.W. "Bill" Mandeville, AICP NSP Manager Senior Planner Cc: Kolya McCleave, City of Federal Way Human Services CDBG Coordinator Bill Mandeville, Department of Commerce NSP Manager Enclosure Community, Trade and CTE D Economic Devela ment P Grant Agreement with: eity of Federal Way through Wast�ington State Community Development Bladc Gran� Program Neighborhood Stabilization Program Fa�: The City of Federal Way will use $65i,688 ta recover approximately nine�teeen (19) foredosed properties. Contract Number. 0&F64Q1-005 Start date: 2/18/2009 Washington State Department of Community, Trade and Economic Development www.cted.wa.gav TABLE OF CONTENTS FACE SHEET CONTRACT TERMS AND CONDITIONS Special Terms and Conditions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Definitions ..................................................................................................1 Access to Records ....................................................................................1 Acquisition and Disposition of Assets ........................................................1 Agreement Management 2 Anti-Lobbying Certification and Disclosure Forrn 2 Billing Procedures and Payment 2 Closeout.................................................................................................... 2 Environmental Review 3 Equal Opportunity Treatment for Faith Based Organizations ............4 I nsurance 4 Subcontracts for Engineering Services 6 Program Income ........................................................................................6 Reports...................................................................................................... 6 Order of Precedence 6 General Terms and Conditions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Definitions ..................................................................................................1 All Writings Contained Herein ...................................................................1 Amendments.............................................................................................1 Assignment ................................................................................................1 Attomey ............................................................................................1 Audit ..........................................................................................................1 Certification Regarding Debarment, Suspension or Ineligibilit�r or Ineligibility and Voluntary Exclusion 3 Confidentiality/Safeguarding of ir�formation 3 Conformance 4 Copyright Provisions 4 Disallowed 5 Disputes.................................................................................................... 5 Duplicate 5 Ethics/Cor�flicts of Interest 5 Goveming Law and Venue 5 Indemniflcation.......................................................................................... 5 Independent Capacity of the Contractor 6 Industrial Insurance Coverage 6 Laws.......................................................................................................... 6 Licensing, Accreditation and Registration 8 Limitation Of Authority 8 Noncompliance With Nondiscrimination Laws 8 Political Activities .......................................................................................8 Pr+evailing Wage Laws 8 Procurement Standards for Federally Funded Programs 9 Prohibition Against Payment Of Bonus Or Commission 9 Publicity ..........:........................................................................................10 Recapture ................................................................................................10 Records Maintenance .............................................................................10 Registration With Department Of Revenue .............................................10 Savings ....................................................................................................10 FACE SHEET Washington State Department of Community, Trade, and Economic Development Local Government Division Community Development Programs Unit Community Development Block Grant Program Program: Neighbor600d St$bilization Program Contractor Contract Number Contract Amonnt City of Federal Way PO Box 9718 08-F6401-005 $651,688 Federal Wa WA 98063 Contractor Representative CTED Representative Lynnette Hynden, Human Services Manager (2 835-2650 Bill Mandeville (360) 725-2725 Date Application Submitted Start Date End Date 3/30/2009 02/18/2009 03/31/2013 Federal Funding Author�ty Washington State Department of Community, Trade and Economic Development (hereinafter known as CTED), and U. S. Department of Housing and Urban Development (HUD). Federal Funds CFDA Number 333.14.228 14.228 Service Area County Number of Pages Legislative District 9 King 36 Congressional District 30 Tax ID Number Subrecipient or ParticipatL�g Entities 91-1462550 N/A Contract Purpose City of Federal Way is awarded $651,688 from the Neighborhood Stabilization Program (NSP) to underwrite financial mechanisms, including but not limited to down-payment assistance loans, that eligible buyers may use to purchase foreclosed properties. These loans will have a zero interest rate. The City of Federal Way will forgive any outstanding balance on the loan if the homebuyer remains in the property and/or continues the affordability of the prope�rty for the period specified in the loan. The State of Washington designated Federal Way as an area with a signficantly higher than average rate of home foreclosures and, therefore, in need of this type of emergency financial assistance. The City of Federal Way will use its NSP funds to recover approximately nineteen (19) foreclosed properties. IN WITNESS WHEREOF, CTED and Contractor acknowledge and accept the terms of this agreement and attachments here.to and have executed this agreement as of the date and year written below. The rights and obligations of both parties to this agreement are govemed by this Face Sheet, Special and General Tertns and Condirions, Attachment A: Statement of Work and Budget, Attachment B: State and Federal Requirements and Assurances, Attachment C: Letter to Incur Costs (if applicable), Attachment D: Additional Conditions and Agreement for Interim Financing/CDBG Float-Funded Activity (if applicable), and Attachment E: Assignment of Rights, Title, and Interest (if applicable), and the following documents incorporated herein by reference: Conhactor's application for funding and the Community Development Block Grant Policies and Procedures, prepared by CTED. FOR THE CONTRACTOR F R C D f �t�—._____ Mr. Brian ilson J. L m Interim C Manager L al G ment Uiv' ion Date �/°��/a� Date '7/� APPROVED AS TO FORM ONLY Alice Bl�o, Assistant Attorney General (Signature on file) Date: May 29, 2009 32. Severability ..............................................................................................10 33. Subcontracting ........................................................................................10 34 Surv'rval ....................................................................................................11 35 Taxes .......................................................................................................11 36. Termination for Cause/Suspension .........................................................11 37. Termination for Convenience ..................................................................11 38. Termination Procedures ..........................................................................11 39. Waiver .....................................................................................................12 Atta�hmeM A, Statemsnt of Wo�ic Attachment B, State and Federai Requirernents and Assurances Attachmern C, Letter to tncur Costs (if app{icable) SPECIAL TERMS AND CONDITIONS COMMUNITI( DEVELOPMENT BLOCK GRANT PROGRAM 1. DEFlNITIONS A. "Subcontractor" in tl�e Gerreral Conditions of this Agreement shall mean the same as the term "subrecipienY' found in the federal Communiry Development Biocic Grant (CDBG) rules and reguladons and the term "contractor" found in the procedures and policies in state's CDBG Management Handbook. B. "Low- and moderate-income" shall mean a household income equal to or less tt�an 80 percent of area medi� iru�ome adjusted by family size. C. "Low- moderate-, �d m�dle-income" shall mean a household i�ome equal to or less than 12Q percerrt of the� a�ea median income, measured as 2.4 fimes the current Section 8 income limit for hauseholds t�elow 50 perrent of inedian income, adjusted by family size. D. For purposes of the Neighborhood Stabilization Program onty, the tertn "lour- and moderate- income person" as it appears throughout the CDBG regulations at 24 CER part 570 shaN be defined as a member of a low-, moderate-, and middle-income household. 2. ACCESS TO RECORDS CTED and duly authaized officials of the state and the federal govemmer�t shall have.full access �d the right to examir�, excerpt, or transcribe any pertinent documents, papers, records, and books of the Ca�tractor and of persons or organizations with which the Contractor may contract, irnrolving transactions related to the project and this c�r�tract. 3. ACQUISI710N AND DRSPOSITtON OF ASSETS The Contractor wiil acoour�t far arry tangible personal property acq�red with grant funds. The use and �sposition of real properly and equipment under this Agreement wil! be in c�omplianc�e with tl�e requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which inctude but are not kmited to the following: Real property that was acquired or improved, in whole or in part, witl� Community Development Block Grant (CDBG) funds under this Agr�eement i� excess of $25,000 shail be used to meet one of the CDBG national objectives fo�ten (10) years after the Agreement is Gosed. Ar�r exc�ption must made with CTED's approval and the Contractor will be responsible to pay CTED an amount equal to the current fair market value of the property less any portion of the value athibutable to expenditures of non-CDBG funds for acquisition of, or improvemerrt to, the property. Such payment from the disposition of real q�perty ac:quired with grant funds within 10 years of cfoseWt of this Agreement shall be treated as program income under Section 12 of these Special Tertns and Conditions. In cases in which equipmenf acquired, in whole or in part, with funds u� this Agreement is sold, the proceeds will be program income. Reai propert�t acqua�ecl, improved or sold, in whole or part, with Neighbort�ood Stabifization Program (NSP) fur�s shall comply with the requirements of Public Law 110 289, Housing and Recovery Act of 2008 (HERA), seation 2301, which indudes but is not limited to: Section 2301(d�1) cumertit ma�icet appraisal requirements to determine the statutory purchase discouM and to ensure purchasers are paying belaw-market value for the home or property; Section 2302(dx3) sale amount restrictions for any abandoned or foredosed upon home or residential property purchased, redeveloped, or othervvise sold to an individual as a primary residence to an amount equal to or less than the cast to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitabie condition; and Section 2301(�(3) affordability requirements as stipulated in 24 CFR 92.252 for rental �ng units or 24 CFR 92.254 for owner-occupied housing un'its or for a longer period of time if practicable; CTED Local Govemment Agreement for Federal Funds 1 SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 4. AGREEMENT MANAGEMENT The Representative for each of the parties identified on the Face Sheet of this Agreement shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. 5. ANTt-LOBBYING CERTIFICATION AND DISCLOSURE FORM Corrtractor, defined aa the primary particlpant and its principals, certifles by signing these Special Terms and Conditions that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencir�g or attempting to ir�fluence 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. B. The above provisions wiil be met if the grant award from CTED exceeds $100,000 and will further ensure that their provisions are included in any sub grant, contract, and subcontracts exceeding $100,000 of grant funds. 6. BIWNG PROCEDURES AND PAYMENT CTED will pay the Contractor for allowable expenses fied to approved project activifies according to Attachment A, Statement of Work and Budget. Invoices must be submitted on a Washington State Invoice Voucher fam. The voucher form must report all federal funds on hand as of the date of submittal. Any cash on hand must be subtracted from the amount of funds requested. Program income eamed during the repo�ting period must also be deducted from the amount requested. Invoices shall be mailed to: The Department of Community, Trade and Economic Development Local Govemment Division 128 -10th Avenue SW P.O. Box 42525 Olympia, Washington 985042525 Attention: Corttracts Administration Unit (CAU) Projeet Manager. Invoices shall describe and document, to CTED's satisfaction, the woiic perfortned, the progress of the project, and fees. The invoice shall include the Agreement number. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by CTED within thirty (30) calendar days after receipt of properly completed irnoices. Payment shall be sent to the address designated by the Contractor. CTED may, in its sole discretion, terminate the Agreement or withhold payments daimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Agreement, including completion of the Environmental Review and the release of funds (if applicable). No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by CTED. 7. CLOSEOUT The CTED will advise the Contractor to initiate closeout procedures when there are no impediments to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exc�ption of closeout c�osts and any unsettled third-party daims against the Contractor. Costs are incurred when goods and services are received or contract work is performed. CTED Local Govemment Agreement for Federal Funds SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B. The Contractor has held a public hearing to revi�v program perFormance. C. The Contractor has submitted the final Closeout Performance Report. Failure to submit a r+eport will not preclude the CTED from effecting closeout if it is deemed to be in the state's interest. Any excess grant amount in the Contractor's possession shall be retumed in the event of f�lure to finish or update the report. D. Other responsibilities of the Contra�tor under this Agreement and any closeout Agr�eement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further state intenest in keeping the grant open for the purpose of securing performar�ce. 8. ENVIRONMENTAL REVIEW General Puroose. Housina Enhancement. Neiahborhood Stabilization, and Recov�erv Grants Funding in excess of the amount stlpufated in Attachment C, Letter to Incur Costs, shalt not be released to a Contractor by CTED until the following c:onditions are met: A. The Contractor must prepare an envircmmental assessment of the project and make a fmding of environmental impact. A notice of this finding must be published along with a notice of the Contrador's intent to request release of funds for the projed unless the project is exempt irom the publication requirements as desa�ibed. The Contractor must atlow a seven (7) or fiftieen (15) day period for public review and comment follovving publication of the notices uniess exempt under the National Environmentat Policy Act (NEPA) and the Washington State Ernironmental Policy Act (SEPA). W1�en this review and comment period expires, the Contractor may, after considering any comments received, submit a request for release of funds to CTED. Upon receipt of the request, CTED must albw a fifteen (15) day period for public review and comment. When CTED's public �view and comment period expires, CTED may, after considering any camments received, formally notify the Contractor in writing of the release of federal funds for the project. B. This special condition is satisfiec! wher� the Contractor cor»pletes the environmental revievn and request for release of funds from CTED. The �eciai condition is effectively removed on the date CTED provides the Contractor with written notice of release of funds. immtnsrrt Thteat Cararrts Furxiing shall not be released to an Imminerrt Threat grant recipient unfil the folfowing c�ndi�oc�s are met: The Contractor assures that assisted activities are for temporary or permanerrt improvements limited to the protection, repair or arrest of imminent threats to public heaith and safety or physical deterioration. The ConUactor further assures that assisted activities will result in either no chan� or minimal change in the envi�onmental conditions that existed prior to the emergency. In addifion, the Contractor assures it will document, in writing, its determination that each activity or proje�t is exempt and meets the conditions specified for such exempdon un�r Sectia� 58.34 of 24 CFR, Ernironmental R�iew Procedures for Title I CDBG Programs. In cases where Contractors must take action immediately, or within a time too short to aliow fua SEPA compli�ce, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an immediate threat of serious environmental degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880. Plannins�-Onlv and Public Services Grarns Funding shall not be released to a�anning-0nly or Public Services grant recipient until U�e following conditions are mer The Contractor assures that assisted activities are exempt under NEPA (24 CFR 58.32) and categoric�l{y exempt under SEPA (RCW 43.21C.110). The Contractor further assures that the adivities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. In addition, the Contractor assures it wili document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under (NEPA) 24 CFR 58.34(3) (for POG) or 58.34(4) (for PS) and (SEPA) WAC 197-11-800 (for POG) or WAC 197-11�05 (for PS). Float-Fundsd Activitv Grants CTED Local Govemment Agreement for Federad Funds SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Funding shall not be released to a Float-Funded Activiiy grant recipient until the following conditions are met A. If the Contractor completed a CDBG environmental review for the project under a previous CDBG, and has written notification from CTED of the release of federal funds under that grant, the Contractor must provide a Letter of Continuation notifying CTED that the environmental review requirements have been met. The Letter of Continuation must reference the grant under which CDBG environmental review requirements were met. It must also confirm that the project scope has not changed and no additional environmental review activities are required. B. If the Contractor has not completed a CDBG environmental review for the project under a previous grant, it must meet the same conditions required for that grant as described in this Environmental Review dause. 9. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS The Contractor agrees to comply with the applicable requirements of 24 CFR 570.200(j) Housing and Urban Development Department (HUD). 10. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect CTED should there be any daims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shail be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, o�cers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give CTED thirty (30) calendar days advance notice of any insurance cancellation, non-renewal or modification. The Contractor shall submit to CTED within fifteen (15) calendar days of the Agreement start date, a certificate of insurance which outiines the coverage and limits defined in this insurance section. During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the teRn of this Agreement, as follows: Commercial General Lisbitity Insurance Policy. Provide a Commeraal General Liability Insurance Policy, induding contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance ooverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehides, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions insurance. The Contractor shail maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occuRence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or CTED Local Govemment Agreemerrt for Federal Funds SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM issuing finaneial documents, chedcs, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 the highest of planned reimbursement for the Agreement period, whichever is la�vest. Fidelity insurance secured pursuant to this paragraph shall name CTED as benefiaary. B. Subcontractors that receive $10,000 or more per year in funding through this AgreemeM shaA secure fidelity insurance as noted above. Fidelity insurance secured by Subcontracto►s pursuant to this paragraph shail name the Contractor as beneficiary. C. The Contractor shall provide, at CTED's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or cerdflcations shall show tl�e insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that CTED will be provided thirty (30) days advance written notice of cancellation. Add"�tional Provisions: Above insurance policy shafl include the following prrovisions: 1. Additional Insured. The state of Washington, CTED, its elected and appointed offiaais, agerrts and employees shall be named as an addifional insured on all general liabilily, excess, umbrella ar� property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any otherinsurance or setf-insurance programs afforded to or maintained by the State. 2. Iden 'trfication. The policy must reference CTED's Agreement number and the State agency name. 3. Insurance Carrier Rating. All insurance and bonds shouid be issued by oompanies adrnitted to do business within the state of Washington and have a rating of A-, Class VII or better in the most recenUy published edition of BesYs Reports. Any exception shall be reviewed and approved by CTED's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is accepted or work may begin. !f an insurer is not admitted, all insurance policies and praasdures for issuing the insurance policies must compy with Chapter 48.15 RCW and 284-15 WAC. 4. Excess Coverage. By requiring insurance here�, CTED does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granfed to CTED in this Agreement. Local GovernmeErt Contractas that Particeaste in a Self-tnsurance Pr+os�ram Setf-Insured/Liability Pool or Seif-Insured Risk Management Program With prior approval from CTED, the Contractor may provide the coverage above under a self-insuredlliability pool or self- insured risk management program. in order to obtain permission from CTED, the Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate allor letter of coverage that ou�ines �verage limits and deductibles. All self-insured risk management programs or setf- insured/liability pool finanaal reports must compiy with Generally Accepted Accounting Principles (GAAP) and adhere to acxounting standards promulgated by: 1) Govemmental Accounting Standards Board (GASB), 2) Finanaal Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Contractor's partiapating in joint risk pools shall maintain sufficient documentation to support the aggregate daim liability informabon reported on the balance sheet The state of Washington, its agents, and employees need not be named as addifional insured under a self-insured property/liabiliiy pool, if the pool is prohibited from naming third parties as additional insured. ConMactor shail provide annually to CTED a summary of cove�s and a letter of self insuranoe, evidencing continued coverage under Contractor's self-insurBdlliabilily pool or self-insured risk CTED Local Govemment Agreement for Federal Funds SPECIAL TERMS AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 11. SUBCONTRACTS FOR ENGINEERING SERVICES Engineering firrns must certify that they are authorized to do business in the state of Washington and are in full compliance with the requirements of the Board of Professional Registration. The Contractor shall requine that professional services providers be covered by errors and omissions insurance in an amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and omissions insurance, the firm shall post a bond with the Contractor for not less than the amount of the subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the subcontract shall constitute a material breach of the subcontract and cause fo� subcontract terrnination. The Contractor shall cause the subcontractor to provide 30-day notice of cancellation. If the engineering firm is also the project adminisVator, the Contractor shall require that the bond or insurance shall be for not less than the amount of the entire CDBG project. 12. PROGRAM INCOME Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used before drawing additional CDBG or NSP funds to complete activities induded in the Statement of Work. The Contractor must maintain records of program income received and expended, and annually report program income received after closeout of this Agreement, if the total amount of program income received in a single year equals or exceeds $25,000. Program Income shall be used to continue the same activities to benefit low- and moderate-income persons or, with CTED-approval, for other activities to benefit low- and moderate-income persons. Interest eamed on CDBG or NSP funds in excess of $100 must be remitted to CTED for retum to the U.S. Treasury. 13. REPORTS The Contractor, at such times and in such forms as CTED may require, shall fumish periodic reports pertaining to the activities undertaken pursuant to this Agreement. These reports may include environmental review recorcls, publication affidavits, procurement and contracting reoords, documentation of compliance with HUD civil rights requirements, job creation records, program income reports, reports of the costs and obligations incurred in connection tt�erewith, the final closeout report, and any other matters covered by this Agreement. 14. ORDER OF PRECEDENCE in the event of an inconsistency in this Agreement, the inconsistency shali be resolved by giving precedence in the following order. Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Statement of Work and Budget CTED Local Govemment Agreement for Federal Funds GENERAL TERMS AND CONDITIONS 1. DEFINITiONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the desigr�ee authorized in writing to act on the Dir�tor's behalf. B. "Contrador" shall mean the entity identfied on the face sheet performing service(s) uruier this Contract, and shall indude all employees and agents of the Corrtractor. C. "CTED" sh�l mean the Department of Community, Trade and Economic Development its succ:essor agency. D. "Personal Irrformation" shall mean information idendfiable any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of govemmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial iderrtifiers. E. "State" shall mean the state of Washington. F. "S�contractor" shall mean one not in the emptoyment o# the Contractor, who is perForming aN or part of those sen�ices under this Contract under a separate contract with the Contractor. The terms "subcontracto�" and "subcontractors° mean subcoMractor(s) in any tier. 2. ALL WR{TINGS CONTAINED HEREIN This Agreement contains all the teRns and conditions agr�eed upon by the parties. No other understanc�r�gs, oraF or othervvise, regarding the subject matter o� tl�is Agreement shall be deemed to exist or to bind arry of tl�e parties hereto. 3. This Agreerrient may be amended by mutual agreemerrt of the parties. Such amendments shall not be binding unless they are in writing and signed by persoru�e! authorized to bind each of the parties. 4. ASSt�NMEMT Neither this Agreement, nor any claim arising under Uris Agreement, shall be transferred or assigned by the Contracta without prior written consent of CTED. 5. ATTORNE1fS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigadon or other action brought to enforce Confract terms, each party agrees to bear its own attomeys fees and costs. 6. AUDIT A. Gerre�at Reaturements Contractors are to procure audit services based on the follawing guidelines. The Contradar shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors atso maintain auditable records. The Contractor is responsible for any audit exceptions incumed by its own organization or that of its Subcontractors. CTED �eserves the right to recover from the Contractor all disallanred costs resulting from the audit CTED Local Govemment Agreement for Federal Funds GENERAL TERMS AND CONDITIONS As applicable, Contractors required to have an audit must ensure the audits are perFormed in accordance with Generally Accepted Auditing Standards (GAAS); Govemment Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to CTED requests for information or corrective action conceming audit issues within thirty (30) days of the date of request. B. Federal Funds Reauiremer�ts OMB Circular A-133 Audits of States. Local GovernmerKs and Non-Proflt Or�anizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducfed in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Govemments, and Non-Profit Organizations." Revised OMB A-133 requires the Contractor to provide the auditor with a schedule of Federal Expenditure for the fiscal yeaKs) being audited. The Schedule of State Finanaal Assistance must be induded. Both schedules include: Grantor agency name Federal agency Federal program name Other identifying agreement numbers Catalog of Federal Domes6c Assistance (CFDA) number Grantor agreement number Total award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total if the Contractor is a state or local govemment entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contracto� in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." The Contractor shall include the above audit requirements in any subconUacts. In any case, the Contractor's finanaal recc�rds must be available for review by CTED. C. Documentation Reauiren�er�ts The Contractor must send a oopy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal yeaKs) to: Department of Community Trade and Economic Development ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504-8300 Corrective action plan fo� audit findings within three (3) months of the audit being received by CTED. Copy of the Management Letter CTED Local Govemment Agreement for Federal Funds GENERAL TERMS AND CONDITIONS 7. CERTIFICATION REGARDING DEBARMENT. SUSPENS�N OR INEUGIBILITY AND VOLUNTARY EXCtUS10N—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. CoMractor, defined as the primary participarrt and it principals, certifies by signing th�e General Terms and Conditior�s that to the best of its knawledge and belief that they: 1. Are not presentty debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Feder� department or agency. 2. Have not within a thr+e�year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perforrning a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embealement, theft, forgery, bribery, falsificabon or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obsbuction of justice; 3. Are noE presently indicted for or otherwise criminally or civilly charged by a govemmental er►tity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 xb) of this secGon; and 4. Have not within a three-year period preceding the sigrring of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause af default. B. Where the Contractor is unable to certify to arry of the statements irt this Agreement, the Contractor shall attach an explanation to this Agreement C. The Contractor agrees by signing this Agreement that it shail not krmwingly enter inta any lower tier covered transaction with a person who is debarred, suspen�ded, deciared ineligible, or voluntarily exduded from participation in this covered transaction, unless autl�orized by CTED. D. The Contractor further agrees by signing this Agreement that it will indude the dause tiUed "Certification Regarding Debartnent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier cov�ed transacGons and in all solicitations for lowe� tier covered transactions: LOWER TFER COVERED TRANSACT'IONS a) The bwer tier contractor certififies, by signing this Agreemerrt that neither it nor its prinapals is presently debarred, suspended, proposed for debarment, dedared ineligible, or voluntariy exduded from pafiapation in this transaction by any Federal departrtrent or agency. b) Where the lower tier contractor is unable to cerdfy to any of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. E. The terrns covered transaction, debarred, suspended, ineligible, lower tier coversd transaction, person, primary covered transaotion, principal, and volur�tarily exclu�d, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact CTED for assistance in obtaining a copy of these regulations. 8. CONFlDENTIAUTY/SAFEGUARDiNG OF INFORMATION A. "Confidential Informatlon" as used in this section indudes: 1. All materiat provided to the Contractor by CTED that is designated as "confidentlal" by CTED; 2. Ail materiai produced by the Contractor that is designated as "confidential" by CTED; and CTED local Govemment AgreemeM for Federal Funds GENERAL TERMS AND CONDITIONS 3. All Personal Informa6on in the possession of the Contractor that may not be disciosed under state or federal law. "Personal Information" includes but is not limited to information related to a person's name, health, finances, education, business, use of govemment services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Acxountability Act of 1996 (HIPAA). B. The Contractor shali c�mply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of �is Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third parly except with the prior written consent of CTED or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Infortnation or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide CTED with its policies and procedures on confidentiality. CTED may require changes to such policies and procedures as they apply to this Agreement whenever CTED reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by CTED. Upon request, the Contractor shall immediately retum to CTED any Confidential Information that CTED reasonably determines has not been adequately protected by the Contractor against unauthorized disdosure. C. Unauthorized Use or Disdosur+e. The Contractor shall notify CTED within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 9. If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to cor�form to that statute or rule of law. 10. COPYRIGHT PROVISIONS Unless othervvise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by CTED. CTED shall be considered the author of such Materials. In the event the Materials are not considered "wo�ics for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, fitle, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to CTED effective from the moment of creation of such Materials. "Materials" means all items in any format and inGudes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, compu#er programs, films, tapes, and/or sound reproductions. "Ownership° indudes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pr+e-existing materials not produced under the Agreement, the Contractor hereby grants to CTED a nonexGusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents t�hat the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to CTED. The Contractor shall exert all reasonable effort to advise CTED, at the time of delivery of Materials fumished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Contractor shall provide CTED with prompt written notice of each notice or claim of infingement received by the Contractor with respect to any Materials delivered under this Agreement. CTED shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. CTED Local Govemment Agreement for Federal Funds 4 GENERAL TERMS AND CONDITIONS 11. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incuRed by its own organization or that of its SubconVactors. 12. DISPUTES Except as o�ise provided in this Agreement, when a dispute arises between the pa�fies and it cannot be resol�ed by direct negotiation, either party may request a dispute hearing with the Di� of CTED, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: be in writir�g; state the di�ted issues; state the relative posiaons of the parties; state the Contractor's name, address, and Agreement number, and be mailed to the Director and the other party's (respondenYs) Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's staternent M both the Director or the Director's designee �d the requestor within five (5) wortcing days. The Director or desigr�ee shall review the written statements and repht in writing to botfi parties within ten (10) working days. The Director or designee may extend this periad if necessary by notifjring tlie Pa�• The decision shali not be admissible in any succeeding judiaal or �uasi�dicial proceeding. The par�es agree that this dispute process shall precede any action in a judiaai or quasi judiaal tribunaL Nothing in this Agreement shali be construed to limit the parties' chace of a mutually acxeptabie altemate dispute resdution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLtCATE P/4YMENT The Contractor c�rtifies that work to be performed under this contract does not duplicate ar�y work to be charged against any other contract, subcontract, or other source. 14. ETHICS/CENdFLICTS OF INTEREST In performing under tliis Agreement, the Contractor shall assure compliance with the Ethics in Pubiic Service Act (Chapter 42.52 RCVU and any other appticable state or federal law related to ethics or conflicts of interes�t. 15. GOVERNING LAW AND YENUE This Agreement shall be construed and interpreted in accorctance wilh the taws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 16. To the fuliest extent permitted by law, the Contractor shall indemnify, defend, and hold hartnless the state of Washington, CTED, all other agencies of the state and all officers, agents and employees of the State, from and against all daims or damages for injuries to pefsons or property or death arising out of or incident to the Contractor's performance or failure to perfam the Agreement The Contrador's obligadon to indemnify, defend, and hold harmless indudes any claim by CTED Local Govemment Agreement for Federal Funds GENERAL TERMS AND CONDITIONS the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, CTED, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the State and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or CTED. The Contractor will not hold itself out as or claim to be an officer or employee of CTED or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 18. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, CTED may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. CTED may deduct the amount owed by the Contractor to the acxident fund from the amount payable to the Contractor by CTED under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L8�1) Division of Insurance Senrices. This provision does not waive any of L8�1's rights to collect from the Contractor. 19. LAW The ConVactor shall comply with all applicabie laws, ordinances, codes, regulations, and policies of local, state, and federal govemments, as now or hereafter amended, including, but not limited to: United States Laws. Regulations and Circulars (Federall A. Audits Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Govemments, and Non-Profit Organizations." B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Drug-Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. CTED Local Govemment Agreement for Federal Funds GENERAL TERMS AND CONDITIONS Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Handicapped Employees of Govemment Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C.793. Handicapped Recipients of Federal Financial Assistance, Rehabilibtion Act of 1973, Secdon 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Na�discriminati� �d Ec� Opportunity, 24 CFR 5.105(a). Nondiscrimination in ber�efits, Title VI of the Civil Rights Act of 1964, Pu�ic t.aw 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscximination in employment, Ti�e Vii of tlie Civil Rights Act of 1964, Public Law 88-352. Nondiscriminatian irrrf Fecterally Assisted Construction Contracts, Executive Order 11246, 42 U.S.G. 2000e, a�s amended by Executive Order 11375, 41 CFR Chapter 6U. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR 570.607(b)). D. Office of Management arxi Budget Circulars Cost Principtes for State, Local and Incfian Tribal Govemments, OM6 Ci�+cular A-87, 2 CFR, Part 225. Cost Principies for Nonprofit OrganiraGons, OMB Circular A-122 (if the Contractor is a nonprofit organization). Grants and Cooperafive Agreements with State and Local Govemments, OMB Circular A-102 (if the Contractor is a local govemment or federally recognized Indian Uibal govemment). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Qther Nonprofit Organizations, OMB G� A f 1 U. E. Other Anti-Kidcback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Govemmental Guidance for New Restricctions on Lobbying; Interim Fr�at Guidance, Federai Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S:C. 1501-8. Intemai Revenue Service Rufes, August 31, 1990. Lobbying and Disdvsure, 42 USC 3537a and 3545 and 31 USC 1352 (Byr� Mti-Lobbyir�g Amendment). 31 U.S.C. 1352 provides that contractors who apply or bid for an avrard of $100,000 or more must file the required cerafication. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influenang or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Cong�+ess, or an employee of a member of Congress in connection with obtaining any Federal c�nha�t, grant or other award covered by 31 U.S.C. 1352. Each tier must disdose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disGosures are forvvarded from tier to tier up to the recipient. Non-Supplantir�g Federai Funds. Section 8 Housing Assistance Payments Program. F. Privacy Privacy Act of 1974, 5 U.S.C. 552a. CTED Local Govemment Agreement for Federal Funds 7 GENERAL TERMS AND CONDITIONS Washinaton State Laws and Reaulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations Liability Limitations, RCW 4.24.264. C. Disdosure-campaign finances-lobbying, Chapter 42.17 RCW. D. Discriminabon-human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCVU. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCVV. 1. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 20. LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for tlie performance of this Contract. 21. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 22. NONCOMPLIANCE IAATH NONDISCRIMINATION LAWS During the performance of this Agreement, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and poliaes. In the event of the Contractor's non-compliance or refusaf to comply with any nondiscriminatlon law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further Agreements with CTED. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23. POLIT'ICAL ACTIVITIES Political activity of Contractor employees and offlcers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 -1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PREVAILING WAGE LAWS All contractors and subcontractors perFoRning work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this agreement, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid° as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such r�ecords available for CTED's review upon request; or The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at CTED Local Govemment Agreement for Federal Funds 8 GENERAL TERMS AND CONDITIONS rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Corrtractw which is a local govemment or Indian Tribal goVemmerrt must establish procurement poacies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Govemments, for all purchases funded by this Agreement A Contractor which is a nonprofit organization shall establish procuremertt pol�ies in ac�ance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreemerrts with Nonprofit Agericies, for all purchases funded by this Agreemerrt. The C�tractor's procurement system shot�d indude at least the following: 1. A code or standard of conduct that shal! govem tt� performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all �rement transactions shall be conducted in a manner to provide, to the maximum extent practic�, open and free competfion. 3. Mirtimum procedural requirements, as follows a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Sotiatations shali be based upon a Gear a�d aocurate descxiption of the technical reguirements of the procured items. c. Positive efforts shall be made to use smaU and minority�nrned businesses. d. The type of procuring instrument (fixed price, oost reimbursement) shall be deterrnined by the Contractw, but must be appropr'sate for the particul� procur�ement and fa� promoting the best interest of the program involved. e. Contr�cts shall be made only with re�asonable subcontractas who possess the potentia! ability to perform successfully undeF the terms and condifions of the proposed procurement. f. Some fortn of price orcost analysis sho�dd be performed in connection v�ith every p�rement action. g. Procurement records and files for purchases shall include all of the following: 1) Contractor selection or reJectian. 2) The basis for the cost or price. 3) Justification far la�dc of competitive bids if offers are not obtained. h. A system for Agreement administration to ensure Contractor confocmance with terms, conditions and specifications of this Agreement, and to ensure adequate and timely folfow-up of all purchases. 4. Contractor and Subcontractor must receive prior approval from CTED fa� using funds from this Agreement to enter into a sole source Agreement or an Agreement where only one bid or propasal is received when value of this Agreement is expected to exceed $5,000. Prior approval requests shall indude a copy of proposed contracts and any related procurement documents and justfication for non-competitive praxarement, if applica�e. 26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or CTED Local Govemment Agreement for Federal Funds 9 GENERAL TERMS AND CONDITIONS concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual soliatation, are not hereby prohibited if otherwise eligible as project costs. 27. PUBLICITY The Contractor agr+ees not to publish or use any advertising or publicity materials in which the state of Washington or CTED's name is mentioned, or language used from which the connection with the state of Washington's or CTED's name may reasonably be inferred or implied, without the prior written consent of CTED. 28. RECAPTURE In the event that the Contractor fails to perfortn this Agreement in accordance with state laws, federal laws, and/or the provisions of this Agreement, CTED reserves the right to recapture funds in an amount to compensate CTED for the noncompliance in addition to any other remedies available at law or in equity. 28. RECORDS AAAINTENANCE The Contractor shali maintain all books, records, documents, data and other evidence relating to tl�is Agreement and perfoRnance of the services described herein, induding but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, daim or audit is started before the expiration of the six (6) year period, the rec:ords shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 30. REGISTRATION YYtTH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Departrnent of Revenue. 31. SAVIN In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, CTED may terminate the Agreement under the "Termination for Convenience" Gause, without the ten calendar day notice requirement. In lieu of tertnination, the Agreement may be amended to reflect the new funding limitations and conditions. 32. SEVERABIUTY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 33. The Contractor may oniy subcontract work contemplated under this Contract if it obtains the prior written approval of CTED. If CTED approves subcontraoting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and rec:ords related to subcontracts. For cause, CTED in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate CTED Local Govemment Agreement for Federal Funds 10 GENERAL TERMS AND CONDITIONS to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to foUow all applicable terms of this Contr�t. The Contractor is responsible to CTED if the Subcontractor fails to comply with any applicable term or condition of this Corrtract. The Contractor shail appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no everrt shall the existence of a subcontract operate to release or reduce the liability of the Contractor to CTED for any breach in the performance of the Contractors duties. Every subcontract shall indude a term that CTED and the State of Washington are not liable for d�ms or damages arising from a Subcontractoc's perfonnance of the subcontract. K!�����'i ►'I_� The terms, conditions, and warranfies contained in this Agreement that by their sense arxi cortbext are intended to survive the completion of the perfortnance, cancellation or termir�ation of this Agreemenf shail so sucvive. 35. TAXES All payments accrued on account of payroll taxes, anemployment contributians, the Contr�GoPs income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shal! be the sole responsibility of the Contractor. 3B. TERMINATION FOR CAUSE SUSPENSK)N tn event CTED determines that the Contractor failed to cornply with any term or condition of this Agreement, CTED may terminate the Agreemerrt in whole o� in part upon written notice to the Contractor. Sueh terminaUon shall be deemed "for cause.° Termination shall take effect on the date s�cified in the notice. In the alterr�ative, CTED upon written notice may allow the Cantractor a speafic period of time in which to correct the non-compiiance. During the corrective-action time period, CTED may suspend iurthe� payment to the Contractor in whole or in part, or may restrict the Contractor's right to perfoRn de�ties under this Agreement Failure by the Contractor to take timey corrective action shalt allow CTED to terminate the Agreement upon written r�tioe to the Cantractor. "Termination for Cause" shali be deemed a"Termination for Corrvenience" when CTED determines that the Contractor did not fail to comply with the terms of the Agneement or when CTED detemrines the failure was not caused by the Contractors actions or negqgence. If the Agreement is terminated for cause, the Corrtractor shall be liable for damages as autiwrized by law, i�luding, but not limited to, any cost difference befinreen the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement (i.e., competitive bidding, mailing, actvertising, and staff ame). 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, CTED may, by ten (10) business days writben notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. tf this Agreement is so terminated, C'fED shall be liable onty for payment required under the terms of this Agreement for senrices rendered or goods delivered prior to the effective date of tertnination. 38. TERMIWtTION PROCEDURES After receipt of a notice of termination, except as othervvise directed by CTED, the Contractor shaN: A. Stop work under the Agreement on the date, and to the extent speafied, in the notice; B. Place no further orders or subcontracts for materials, services, or facilibes related to the Agreement; CTED Local Government Agreement for Federal Funds GENERAL TERMS AND CONDITIONS C. Assign to CTED all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case CTED has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of CTED, and D. Preserve and transfer any materials, Agreement deliverables and/or CTED property in the Contractor's possession as directed by CTED. Upon termination of the Agreement, CTED shall pay the Contractor for any service provided by the Contractor under the Agreement prior to the date of termination. CTED may withhold any amount due as CTED reasonably determines is necessary to protect CTED against potential loss or liability resulting from the termination. CTED shall pay any withheld amount to the Contractor if CTED later detertnines that loss or liability will not occur. The rights and remedies of CTED under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 39. WAIVER Waiver of any default or br+each shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be,a modiflcation of the tenns of this Agreement unless stated to be such in writing and signed by Authorized Representative of CTED. CTED Local Govemment Agreement for Federal Funds 12 ATTACHMENT A— STATEMENT OF WORK AND BUDGET Contractor: City of Federal Way Contract No. 0&F6401-005 Section A: Brief Description City of Federal Way is awarded $651,688 from the Neighborhood Stabilization Program (NSP) to underwrite �nancial mechanisms, including but not limited to down-payment assistance loans, that eligible buyers may use to purchase foreclosed properties. These loans will have a zero interest rate. The City of Federal Way will forgive any outstanding balance on the loan if the homebuyer remains in the property and/or continues the affordability of the property for the period specified in the loan. The State of Washington designated Federal Way as an area with a signficantly higher than average rate of home foreclosures and, therefore, in need of this type of emergency financial assistance. The City of Federal Way will use its NSP funds to recover approximately nineteen (19) foreclosed propertles. Upon the sell of the property, the City of Federal Way will assure the continued affordability of the property in accordance with the requirements of 24 CFR 92.252 for rental units and 24 CFR 92.254 for owner-occupied units. Redevelopment of existing housing and/or the provision of new housing will comply with the minimum housing quality standards for Section 8 housing as defined in 24 CFR 982.401. Section B: Goals Expected Results Products Budget Category Goals Expected Results Products 13 Direct City of Federal Way will use NSP funds to underwrite financial mechanisms, including but not limited to down-payment Homeownership assistance loans, that eligible buyers may use to purchase foreclosed properties. (Type A NSP Eligible Use Activity) Assistance 21A General Admin. City of Federal Way will satisfy all requirements for the proper handling and distribution of NSP funds targeted to this project induding, but not limited to, the following: When encountering blighted properties, it will need to comply with the definitions and requirements of RCW 35.80A.010 Condemnation of Blighted Property, and RCW 35.80 Unfit Dwellings, Buildings and Structures. City of Federal Way will adopt the HOME definitions of affordable rent stipulated in 24 CFR 92.252 (a), (c) and (f), adjusted for the neighborhood Stabilization Program's 50 percent (50%) and 120 percent (120%) target populations. Continued affordability will be ensured through deed restrictions, covenants running with the land, or other mechanisms approved by HUD, in accordance with the requirements of 24 CFR 92.252 for rental units and 24 CFR 92.254 for owner- occupied units. Redevelopment of existing housing and/or the provision of new housing will comply with the minimum housing quality standards for Section 8 housing as de�ned in 24 CFR 982.401. City of Federal Way agrees to comply with all other applicable Federal, state and local laws, regulations, and poUcies governing the funds provided under this contract. City of Federal Way further agrees to utilize funds available under this Agreement to supplement rather than supplant funds othervvise available. ATTACHMENT A- STATEMENT OF WORK AND BUDGET Contractor: City of Federal Way Contract No. 08-F6401-005 Section C: Work Activities, Expectations and Budget Budget Category Project Activities Schedule Budget Amount 13 Direct I■ City of Federal Way will use NSP funds to dlrectly provide homeowner's down-payment I 2/18/2009 to I $619,104 Homeownership assistance for the purchase of approximately nineteen (19) formerly foreclosed 3/19/2013 Assistance properties (Type B NSP Eligible Use Activity), or sooner Any purchase of a foreclosed upon home or residential property must be at a discount from the current, market appraised value of the home or property. Each foreclosed-upon home or residential property must be purchased at a discount of at least one percent (1%) from the current market-appraised value of the home or property. Within 60 days prior to an offer on the property, an appraisal must be conducted that conforms to the requirements of URA at 49 CFR 29.103, "Criteria for Appraisals". Unless otherwise adjusted by HUD, each NSP-assisted homebuyer must receive and complete at least eight (8) hours of homebuyer counseling from a HUD-approved housing counseling agency before obtaining a mortgage and/or real estate loan. The City of Federal Way must ensure that the homebuyer obtains a mortgage or loan from a lender who agrees to comply with the bank regulators' guidance for non- traditional mortgages. If the abandoned or foreclosed home or residential property is sold to an individual as a primary residence, then such sale must be in an amount equal to or less than the cost to acquire, redevelop and/or rehabilitate such home or property as necessary to meet minimum housing quality standards. Redevelopment and/or rehabilitation activities of foreclosed, abandoned or vacant property must meet applicable laws, codes and other requirements relating to housing safety, quality and habitability. Redevelopment and/or rehabilitation activities may include improvements to increase the energy efficiency or conservation of such homes or property or provide a renewable energy source for such homes or property. ATTACHMENT A- STATEMENT OF WORK AND BUDGET Contractor: City of Federal Way Contract No. 08-F6401-005 Section G Work Activities, Expectations and Budget (continued) 13 Direct Any redevelopment of foreclosed, abandoned or vacant property must meet applicable Homeownership laws, codes and other requirements relating to housing safety, quality and habitability. Assistance Down-payment assistance may only be used to finance the acquisition by low, moderate (continued) or middle income households of housing that they wilt occupy. Down-payment assistance may be used to pay reasonable closing costs that may be associated with the purchase of the property. In no event should NSP funds be used to pay for closing costs that exceed more than three percent (3%) of the property's gross purchase price. Down-payment assistance may not exceed twenty percent (20%) of the total purchase price of the property. The calculation of the total purchase price may include subsidizing interest rates (points), subsidizing mortgage principal amounts (balloon payments), mortgage insurance, closing costs, and financing the cost of acquiring property already occupied by the household at terms needed to make the new purchase affordable. 21A General Admin. City of Federal Way will establish and maintain an administrative point of contad and 2/18/2009 to $32,584 perform the necessary program administration, record keeping and financial 3/19/2013 (continued) management procedures necessary to comply with federal and state CDBG and NSP or sooner requirements. City of Federal Way will compile, complete, and submit quarterly NSP progress reports along with other necessary CDBG reports, as requested. City of Federal Way will execute a contract with CTED, submit payment vouchers and, at the end of the project, a Grantee Closeout Performance Report. City of Federal Way will canduct an environmental review and prepare environmental review record; and monitor program progress and compliance with applicable federal and state regulations. City of Federal Way will enter into a contract with the subrecipients of NSP funds. The contract will stipulate their respective roles and responsibilities. Subrecipient agreements must comply with applicable federal and state regulations. Contract provisions regarding residential construction and rehabilitation must include, but are not limited to, requirements for preparing bid documents, requesting federal and state prevailing wage rates, completing final design and construction plans, conducting a bid opening and selecting a qualifled contractor. ATTACHMENT A- STATEMENT OF WORK AND BUDGET Contractor: City of Federal Way Contract No. 08-F6401-005 Section C: Work Activities, Expectations and Budget (continued) 21A General Admin City of Federal Way and its subrecipients must comply and complete applicable civil rights requirements, including an affirmative marketing plan to procure necessary goods (continued) and services from minority and women business enterprises (MWBEO). It will verify that consultants are not on the federal "Excluded Parties List System" (EPLS). ARer the award of any subrecipient agreement, the City of Federal Way will routinely and regularly monitor the contractor's progress, collect necessary construction and/or project documents, and resolve any monitoring issues. City of Federal Way will provide documentation to CTED demonstrating that it Is administering the project in accordance with federal and state requirements. They must document and keep a record for each property acquired using NSP funds, and they must retain these records for at least ten years. The City of Federal Way must treat the collection of receipts from deferred loans and/or the net proceeds from the sale of foreclosed properties as program income for the Neighborhood Stabilization Program. If it does not already have a program designed to distribute program income in accordance to CDBG NSP guidelines, then it will need to create one. Each property acquired with NSP funds must have a written file or record that includes, but not limited to, the following information: A copy of the "NSP Voluntary Acquisition of Foreclosed Property" notice to Owner that includes a statement that the property will not be acquired through the jurisdiction's powers of eminent domain and statement acknowledging the Owner's rights to choose not to sell the property. A copy of the appraisal. A copy of the written purchase offer, along with a statement regarding just compensation of the property. A copy of the purchase contract and a financial statement detailing the settlement costs. A copy of the recorded deed. A copy of the recorded instruments used to assure the continued affordability of the property. A copy of any appeal or complaint concerning a payment, together with a copy of all oertinent determinations. TOTAL: $651,688 4 ATTACHMENT A- STATEMENT OF WORK AND BUDGET Contractor: City of Federal Way Contract No. 08-F6401-005 MILESTONE MILESTONES Section D: Project Schedule DUE DATE Milestone #1 CTED and City of Federal Way execute a grant contract and funds become available for disbursement Milestone #2 If the City of Federal Way solicits proposals and executes grant contracts with participating non-profit organizations, then they must forward copfes of the executed contracts to CTED. Milestone #3 Acquire the foreclosed properties that City of Federal Way intends to rehabilitate and sell/rent to eligible buyers/tenants. Provide CTED an inventory of the acquired properties with information regarding the street addresses and purchase prices for each property. Milestone #4 City of Federal Way will create a fully operational program to underwrite down- payment assistance to eligible buyers. They will provide C'fED a complete description of the operation of the program along with a pro-forma analysis of loan activities. Milestone #5 City of Federal Way will provides CTED a financial report that itemizes the disbursement of NSP funds, an inventory of properties assisted which includes street addresses, purchase amounts and the financial assistance provided, along with the final steps necessary to close NSP. Milestone #6 City of Federal Way will prepare and submit final reports, invoices, and financial statements to CTE0. August 17, 2009 or sooner October 19, 2009 or sooner September 18, 2010 or sooner September 18, 2010 or sooner December 31, 2012 or sooner March 19, 2013 or sooner ATTACHMENT B STATE AND FEDERAL REQUIREMENTS AND ASSURANCES In addition to laws listed in the general terms and conditions of this Agreement, the Grantee assures compliance with the following regulations as they pertain to the local project. Contact the State if you want assistance in obtaining a copy of these regulations. A. HOUSING AND COMMUNITY DEVELOPMENT 1. Public Law 90-284, Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), commonly refeRed to as the Federal Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430) 2. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107) 3. The Housing and Community Development Act of 1974, as amended through 1992: Sections 109; 104 (b) 4; 104 (d); and 104 (I), which prohibit discrimination and require iderrtification of housing and community development needs; a"residential anti- displacement and relocation assistance plan"; and adoption and enforcement of policies prohibiting the use of excessive force. 4. TiUe II and III of the Unifortn Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as amended in 1989) 5. Title IV of the Lead-Based Pairrt Poisoning Prevention Act (42 U.S.C. 4831 b) 6. Public Law 110-289, section 3, "Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes" (also referred to as the Neighbofiood Stabilization Program), of the Housing and Economic Recovery Act, 2008 (Docket No. FR-5255-1- 01) 7. The American Recovery and ReinvestmeM Act of 2009 B. LABOR 1. Davis-Bacon Act, as amended (40 U.S.C. 3141 et seq.) 2. Prohibition of Use of CDBG forJob-Pirating Activities, 24 CFR Part 570.482(fl, revised June 2006 C. ENVIRONMENTAL AND CULTURAL 1. The National Environmerrtal Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321 et seq., and 24 CFR Part 58) 2. The Clean Air Act, as amended (42 U.S.C. 7401 et seq.) 3. HUD Environmental Criteria and Standards (24 CFR Part 51) 4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990: Protection of Wetlands (42 FR 26961 et seq.) 5. The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.) 6. Executive Order 11988, May 24, 1977: Floodplain Management and Wetland Protection (42 FR 26951 et seq.) 7. Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.) 8. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) 8. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic P�servatian act of 1974 (16 U.S.C. 469 et seq.) 10. The Safe Drinking Water Act of 1974, as amerMed (42 U.S.C. 300f et seq., 21 U.S.C. 349, as amended, artd 40 CFR Pa�t 149 (Environmental Protectian Agency)); 11. The Federal Water Poilution Corrtrol Act of 1972, as amended, i�ctuding the Clean Water Act of 1977, Public Law 92-212 (33 U.S.C. Section '1251 et seq.) 12. The Solid Waste Disposal Act, as amended by the Resocuce Cortiservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) 13. The Fish and Witdlife Coordination Act of 1958, as amencied (16 U.S.C. Section 661 et seq.) 14. The National Historic Preservation Act of 1966 (16 U.S.C. 470) 15. The Archaeological and Historical Data Preservation Act of ?974 (16 U.S.C. 469a-1 et seq.) 16. Executive OFder 11593, Protection and Enhancemerrt of the Cultural Environmenf, May 13, 1971 17. Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq. and 7 CFR Part 658) 18. Environmental Justice (Executive Order 12898), as amended by Executive Order 12948 19. Explosive and Ftammable Operations (Section 2 of the Hausing Act of 1949, as amended (42 U.S.C. 1441), Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U.S.C. 1441(a)), and 24 CFR Part 51 Subpart C) 20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949 as amended (42 U.S.C. 1441), affirmed by Section 2 of the Housing and Urban Development Act of 1969, P.L. No 90-448, Section 7(d) of the Dept HUD Act of 1965 (42 U.S.C. 3535(d)), and 24 CFR Part 51 Subpart D) 21. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Resportse, Compensation, and Liability Act of 1980 as amended by Superfund Amendments and Reauthorization Act and 24 CFR 58.5(i)) 22. Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency 40 CFR Parts 6, 51, and 93) STATE 1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW 2. Pr�evailing Wages on Public Works, Chapter 39.12 RCW 3. State Environmental Policy Act (SEPA), Chapter 43.21 C RCW 4. State Building Code, Chapter 19.27 RCW; Energy Related Building Standards, Chapter 19.27A RCW; and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW 5. Interlocal Cooperation Act, Chapter 39.34 RCW 6. State Environmental Policy Act (SEPA), Chapter 43.21(C) RCW 7. Noise Control, Chapter 70.107 RCW 8. Shoreline Management Act of 1971, Chapter 90.58 RCW 9. Govemor's Executive Order 89-10, December 11, 1989: Protection of Wetlands, and Govemors Executive Order 90-04, April 21, 1990: Protection of Wetlands t- 5 1 i i r -..f:. 1 4� b t 3 .L i 'r Feb ruary, 2�"s 20.09 Mr. Neal Beets Federal Way City 11�anager PO Box 9718 �ederal Way, WA 98063 Dear Mr. Beets: I ann pleased to inform you that the Department of Communit�, Trade and Economic Development (CTED} is awarding up to $651,688 to fund Neighborhood �tabilization Program (NSP) activities in the City of Federal Way. This award is contingent upon CTED's receipt of the Neighborhond Stabilizafion Program.agreement from the U. S. Department of Housing and Urban Development �D)• This letter allows the City of Federal, Way to begin incurring costs as of February 18, 2009, in an amount not to exceed ten percent of #he award for the following activities needed to begin your project and not requiring an environmental review: Administration: including staffing, travel and other administrative �xpenses; Pretiminary environmenta.l studies and review of 24 CFR 58.5 laws and authorities incluc�ing Section 106�af the National Histo.ric Preservation Act of 1996; Preliminary engineering feasibility studies to the extent needed for environmental assessment; and Subrecipient agreements or professionai service contracts for any of the abave activities. All eligible costs will be reimbursed by CTED after an interlocal agreement between the CTED and the City of Federal Way has been formally executed and an environrnental review is complete. All costs to be reimbursed must comply with appficable state and federal requirements. Costs for activities that require an environmental review cannat be incurred, nor can HUD or Non- HUD fimds be committed (Refer to 24 CFR 58.22), until specific procedures required by the Sta.te Eneironmental Policy Act (SEPA) and the National Environmental Poliey Act (NEPA) have been completed and the time period for public review, if applicable, has expired. 1 :i'.:.• i t l�r Neat ��t�s x p .s r ��Y�,� V�y, t �S�W. 3 S `�t�5. e! j z as h s x „s e. k'� x.:n "��i" r �',°TM '�1'Cr7• ",e a+� t F I d Y, dX 'Y.a Ja kT �g t p$s J. 4 �1;'?'"'' s i"` .ti y a i x e a f✓' �.���y f q.: ���t�;2� 1' _.�T',y;��i���"+�'a�r�.�,x r'�Y,�u�,_+i�y :_sn .s� .1 t,, °7 �x`f r s r iriv-, �e i h 'h.. r k '�i s -�+1 +��i� y�: '`�s+• 'a'� s �",Y �''p s s� rs J.s r i s ,:"w t ��y��'�.�`f` „�'+�:l i"s'�r�����'� ,1 i y i Y lr 1.1 �t'x's i. i S wr�' j r .e.:a, ti S y 1 7 +�1. .�.'{-'�r -a.odl.�`" z Yi:. °'�i�;Y� ViE 7'� ��n �P•r.��.�, ,1.,_ Xn S` i t .3-, 'v4 S j t. 1 u r, t x x s .s �w r a .d 'K t�'�'�§ r t���.�' 'i. F� t^�``�f fr`:-!' ��Ss a ,l*A ,r.- f �5 W��. ��r�� kt' z; i� k'�y .��5 r�. �i.,Y�,�} L.'7 12�^`�) �'�tt�i��s �t�. �'�'E�3, �v1�ci�'is ttu�e .ti�r A�ti� 1, �{�{�9 X �x �cf c P �Y �"d ��t� ��1� sf�}o �aiize �tn �riterloc� agre��nent as quickly�as possible arid �iQ la�er�thar� Ju�� 1,. 2009: �e��ys'by th�:etty in exe�uting a fuial:agreement may lead to `the�rescission of tEus awaid: In the even# the gran,t award isxes.cinided; the resaurces wil1. be redirected to an eligib�e I�eighborhood Stabilizaxion Rrogr.atn ��roject that is ready to� proceed: I congratulafe you and your staff ;for your efforts thus �ar.. If you ha,ve ar�y questions abvut ttiis letter ox your award, piease contact Bilt Cole at (360) 7�5-3005 or via ez�ail at billc@eted.wa:gov: 'We look forwaid to working with you on this worthwlul�e project: Sincerely, n, tant Directo�r Local Government Di�vision cc: Kelti�0'Dozineli, CDBG Goordznator