AG 11-169RETURN TO:
CITY OF FEDE
EXT:
WAY LAW DEPARTMEN�"'kOUTING FO
1. ORIGINATING DEPT./DIV:
J
2. ORIGINATING STAFF PERSON: ��� EXT: ��� 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 �[T-IUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. QOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL
❑ OTHER
5. PROJECT I
6. NAME OF CONTRACTOR: K� Nf� C�UV�N � N
ADDRESS: TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME: TITLE
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE O ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: ��OI ��T'CJ � � COMPLETION DATE: �� �� � �
9. TOTEIL COMPENSATION $ �,�V ��/ D (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 0 YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (tF appL[cASLE)
❑ Law �P $- �l�-I�
11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
� LAW DEPARTMENT
� SIGNATORY (MAYOR OR DIRECTOR�
� CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
COMMENTS:
INITIAL / DATE SIGNED
�N ;
AG# � - (p �
DATE SENT: q' 1° i l
11 /9
a
King County
Community Services Division
Housing and Community Development
Department of Community and Human Services
401 Fifth Avenue, Suite 510
Seattle, WA 98104
206 263-9033 FAX: 206-296-5260
TTY Relay: 711
E�UgUSt 2,9, 2011
City of Federal Way
Attn.: Bryant Enge
PO Box 9718,
Federal Way, WA 98063-9718
RE: Kin�County Department of Community and Human Services Housin�and Community
Development Contract 2011
Dear Mr. Enge,
I have enclosed your executed King County Community Development Block Grant (CDBG) Contract -
201 l. Your agency is authorized to proceed on the following projects:
CDBG
II. Federal Wa CDBG Pro ram Administration (C11375) D40883A $ 65,185 CFDA 14.218
CDBG
IIL D40883B $ 17,755 CFDA 14.218
Federal Wa Emer enc Services (HSS1) (C11487)
CDBG
IV. D40883C $ 31,755 CFDA 14.218
Federal Wa S ecial Needs (HSS2) (C11489)
CDBG
V D40883D $� 5,675 CFDA 14.218
Federal Wa Famil Child Services (HSS3)(C11495)
You may begin incurring costs for the above referenced project(s) as of the start date shown on
the first page of each exhibit. A copy of this letter should be included in your project files.
The following federal Way CDBG funds have been distributed to projects below based on Section II
Distribution of Funds of the 2009-2011 Joint Agreement:
Bryant Enge
Page 2
August 29, 2011
If you have any questions regarding your King County Community Development Block Grant
Contract - 201 l, please call me at (206) 263-9097 or e-mail me at
kathy.tremper@kingcounty. gov.
� y�
���f�-�' '
�pment Coordinator
Cc: Contract file
Enclosure
FORWARD A COPY WITH ORIGINAL SIGNATURE TO HOUSING AND COMMUNITY DEVELOPMENT PROGR4M - RETAIN A COPY FOR YOUR RECORDS
�',� King County Housing and 2011
`� Community Development Program �
--^---�
^"'y`'"""`y Request Date:
TO: From:
(Project Manager) E-Mail Address:
Submit Electronically to:
@kingcounty.gov
Submit signed hard copy to:
King County Housing and Agency:
Community Development Address:
Attn:
401 - 5th Ave., Suite 510
Seattle, WA 98104 Phone:
This voucher reimbursement is for activities / services rendered under the
Community Development Block Grant (CDBG) CFDA 14.218 agreement identified as :
CDBG Project No. C'I'I CDBG Project Title:
CDBG Contract No. D Costs incurred between the time period of:
CCR No. Expiration Date: (Dates) To:
0 Check this box when this is the Final reimbursement request VOUCHER NO:
COST
CATEGORIES
1 Personnel Costs
2 Office or Operating
Supplies (see note A)
3 Consultant/ Purchased
Services (see note B)
4 Communications
(see note A)
5 Travel and Training
(see notes A & C)
6 Capital Outlay Equipmt
(see note A)
7 Other (specify)
GRAND TOTAL
ORIGINAL
BUDGET
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
REVISED TOTAL CUMULATIVE
BUDGET # REQUESTED TO DATE
��
$0.00
E,� ��
AWARD
BALANCE
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
I CERTIFY THAT THE ABOVE COST IN THE AMOUNT OF � $0.00 �HAVE BEEN INCURRED AND
PAYMENT HAS BEEN MADE OR IS NOW DUE AND TMAT NECESSARY RECEIPTS OR INVOICES ARE ATTACHED.
THAT FUNDS HAVE BEEN EXPENDED FOR CDBG ELIGIBLE ACTIVITIES.
A PROJECT ACCOMPLISHMENT FORM IS ATTACHED.
NOTES:
A. Attach receipts B. Submit substantiating bills C. State number of miles traveled
Authorized Signature
Is this a Yes
federally funded NO
proJect in which
Davis Bacon is
applicable7
If yes, this form must be signed by
HCD D8v15-BaCOn OfflCet': Authorized Signature, Labor Compliance Officer Date
APPROVED FOR PAYMENT:
(For HCD Use Only) Date
I�
King County Contract No.
Federal Taxpayer ID No.
DUNS No. (if applicable)
CCR No. (if applicable)
D40883
91-1462550
612509901
4QL67
Department/Division: Community and Human Services/Housing and Community Development
Agency: City of Federal Way
Project Title: 2011 Agreement
Contract Amount: $130,370
Contract Start Date: 01/01/2011
Fund Code
Contract End Date
CDBG - 2460
See Exhibits
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT JOINT AGREEMENT CITY
CONTRACT— 2011
THIS CONTRACT is entered into by KING COUNTY, a political subdivision of the State of
Washington (the "County"), and the City of City of Federal, a Washington municipal corporation (the
"Agency"), whose address is PO Box 9718, Federal Way, WA 98063.
WHEREAS, the County is an Urban County recipient of Community Development Block Grant
Program (CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-
383 as amended (the "HCD Act"); HOME Investment Partnership Program (HOME) funds under the
National Affordable Housing Act of 1990 Public Law 101-625 as amended (the "NAHA"). The County
uses CDBG, and HOME funds for the purpose of carrying out eligible community development and
housing activities under the HCD Act, the NAHA, regulations promulgated by the U.S. Department of
Housing and Urban Development (HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR
Part 92, 24 CFR Part 576, and adopted County Ordinances. (All CFR references can be found at
http://www.access.qpo.qov/nara/cfr/cfr-table-search.html. All King County code references can be
found at http://www.kinqcounty.qov/council/leqislation/kc code.aspx);
WHEREAS, an Urban County CDBG Consortium has been established by CDBG interlocal
coope�ation agreements ("CDBG ICAs") or joint agreements between the County and certain
municipal corporations (Consortium Cities) within the County covering program years 2009-2011. The
CDBG ICAs specify allocation of CDBG funds by the County to those participating jurisdictions for use
in accordance with the County Consolidated Housing and Community Development Pian ("HCD
Plan"). The HCD Plan has been adopted by the King County Council, accepted by participating
jurisdictions and approved by HUD;
WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and
certain HOME Consortium Cities covering 2009-2011, the terms of which specify allocation of HOME
funds by the County for use in accordance with the HCD Plan which has been adopted by the King
County Council, accepted by participating jurisdictions and approved by HUD;
This form is available in alternate formats upon
request for persons with disabilities.
City of Federal Way
Page 1 of 47
2011 Contract
WHEREAS, the County desires to award certain funds to the Agency for use as described in this
Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, the NAHA, HUD regulations, State laws and/or adopted County
ordinances;
WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the County to
undertake such eligible activities, so long as the requirements of the HCD Act, NAHA, HUD
Regulations, State law and County ordinances are adhered to, as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the
Agency, as the parties in this Contract, in implementing such eligible activities under the laws and
regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of
the foilowing: County ordinance, the HCD Act, the NAHA, Revised Code of Washington (RCW)
Chapter 39.34, RCW Chapter 35.21.730 et seq., by the Constitution and the enabiing laws of the
State of Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree
to abide by the provisions of this Contract.
KING COUNTY: CITY OF FEDERAL WAY:
� FOR �
King County ecutive Signature
Date
�:�
SK( P P21 �sT�
Name (Please type or print)
8/ t�/��
Date
Approved by DCHS Director
Approved as to Form: November 19, 2010
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
APPROVED AS TO FORM:
����f�
/
City Att ney
ATTEST:
� � �
City Clerk
City of Federal Way Page 2 of 47 2011 Contract
��
�
INDEX TO CONTRACT
�
IV
V.
vi
VII.
VIII
IX.
X.
XI.
XII.
XIII.
xiv.
XV.
XVI.
XVII
XVIII
XIX.
XX.
XX I .
XXII.
XXIII.
XXIV
Scope of Contract and
Incorporation of Exhibits
Duration of Contract
Term of Compliance for
Capital Projects
Compensation and Method of
Payment
Budget
Internal Control and
Accounting System
Maintenance of Records
Audits
Evaluations and Inspections
Property Management
Taxes and Licenses
Procedure in the Event of
Casualty/Condemnation
Corrective Action
Assignment
Termination
Future Support
Hold Harmless and
Indemnification
Insurance Requirements
Nondiscrimination and Equal
Employment Opportunity
Affirmative Marketing
Nondiscrimination in
Subcontracting Practices
Section 504 and Americans
with Disabilities Act
Accessibility
Subcontracts and Purchases
EXHIBITS ATTACHED HERETO
XXV.
XXVI.
XXVII.
XXVIII.
XXIX.
XXX.
XXX I .
XXXII.
XXXI I I.
XXX I V.
XXXV:
XXXVI.
XXXVII.
XXXVI I I
XXXIX.
XL.
XLI.
XLII.
XLIII.
XLIV.
XLV.
XLVI.
Labor Standards
Employment Opportunities on
Assisted Construction Projects
Conflict of Interest
No Benefit to Owners and Developers
of Assisted Housing
Political Activity Prohibited
Board of Directors
Equipment Purchase, Maintenance,
and Ownership
Notices
Proprietary Rights
Contract Amendments
King County Recycled Product
Procurement Policy
Entire Contract/Waiver of Default
Services Provided in Accordance with
Law and Rule and Regulation
Supplanting
Drug-Free Workplace Certification
and Other Federal Requirements
Constitutional Prohibition
Confidentiality
Compliance with Health Insurance
Portability And Accountability Act of
1996 (HIPAA)
Promissory Note, Deed of Trust and
Covenant
Anti-Displacement and Relocation
Assistance
Miscellaneous Provisions
Personal Information — Notice of
Security Breach
I. Certificate of Insurance
Federal Way CDBG Program Administration CDBG
��� C11375 D40883A $ 65,185 CFDA 14.218
Federal Way Emergency Services (HSS1) D40883B CDBG
III. C11487 $ 17,755 CFDA 14.218
Federal Way Special Needs (HSS2) D40883C CDBG
IV. C11489 $ 31,755 CFDA 14.218
Federal Way Family Child Services D40883D CDBG
V� HSS3 C11495 $ 15,675 CFDA 14.218
City of Federal Way
Page 3 of 47
2011 Contract
�
I. SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS
A. Scope
The Contract between the parties shall consist of the signature page, each
Program/Project Exhibit incorporated into the Contract, all matters and laws
incorporated by reference herein, and any written amendments made in
accordance with the provisions contained herein. The exhibits attached to this
Contract as Exhibits I. through V. are hereby incorporated by this reference. This
Contract supersedes any and all former agreements regarding projects described
in the attached Project/Program Exhibit(s). If there is a conflict between any of
the language contained in this Contract and any of the language contained in any
Project/Program Exhibit in this Contract, the language in this Contract shall
control, unless the parties affirmatively agree to the contrary in a writing that has
been reviewed and approved by the King County Prosecuting Attorney's Office.
This Contract shall govern both:
1. Service Projects (human service, planning, program administration and
micro-enterprise or supportive services for the homeless); and
2. Capital Projects (acquisition, improvement, and rehabilitation of real property
and construction or reconstruction of public infrastructure).
The two types of activities may be included in one Contract as separate
ProjecUProgram Exhibit(s) of Services.
B. Mandatory Certifications and Municipal Exemptions from Contract Requirements
The Agency certifies that it shall comply with the provisions of Sections XIX, XXII,
XXIII and XXIX of this Contract. If tl�e Agency is a municipal corporation (other
than King County), King County Code (KCC) chapters 12.16, 12.17, 12.18 and
12.19 do not apply to the Agency..
C. Contact Person
King County and the Agency shail each designate a contact person for each
Project/Program Exhibit 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 XXXI I Notices.
D. Federal Funds
The term "federal funds" as used herein means CDBG funds and/or HOME
funds. The specific types of funds provided under this Contract are specified in
the attached Project/Program Exhibit(s).
E. Environmental Review
This section applies to all projects using federal funds that are not exempt under
24 CFR Part 58. Notwithstanding any provision of this Contract, the parties
hereto agree and acknowledge that this Contract does not constitute a
City of Federal Way Page 4 of 47 2011 Contract
i�
commitment of funds or site approval, and that such commitment of funds or
approval may occur only upon satisfactory completion of environmental review
and receipt of a release of funds, if applicable, from HUD under 24 CFR Part 58.
The parties further agree that the provision of any funds to the project is
conditioned upon King County's determination to proceed with, modify or cancel
the project based on the results of a subsequent environmental review. The
Agency shall not spend any funds on physical or choice-limiting actions, including
property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance. Violation of this provision shall
result in the denial of any funds under this Contract.
Capital Projects using federal funds shall also comply with subsections F, G, H
and I.
F. Environmental Policy Act
The County retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58) and the Federal laws and
authorities identified therein. The Agency shall be solely responsible for the cost
of compliance with all such Federal laws and authorities including the cost of
preparing plans, studies, reports and the publication of notices that may be
required. The Agency and its contractors shall not take any actions inconsistent
with 24 CFR Part 58.
G. National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in
identified special flood hazard areas shall be subject to Agency mandatory
purchase of flood insurance as required by Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub L. 93-237).
H. Lead Based Paint
The Agency shall comply with the Lead-Based Paint Poisoning Prevention Act
(42 United States Code (USC) 4821-4846), the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 USC 4851-4856), and implementing
regulations at 24 CFR Part 35, subparts A, B, J, K, and R. Generally, these laws
prohibit the use of lead-based paint (whenever funds under this Contract are
used directly or indirectly for construction, rehabilitation, or modernization of
residential structures); require elimination of immediate lead-based paint hazards
in residential structures; and require notification of the hazards of lead-based
paint poisoning to purchasers and tenants of residential structures constructed
prior to 1978.
Environmental Justice
The Agency shall comply with Presidential Executive Order 12898 requiring
identification and mitigation, as appropriate, of disproportionately high and
adverse human health or environmental impacts of programs, policies and
activities on minority and/or low-income populations.
City of Federal Way
Page 5 of 47
2011 Contract
Subrecipient Monitoring
First-tier subrecipients shall register in the Central Contractor Registration
(CCR), including obtaining a Dun and Bradstreet Data Universal numbering
System (DUNS) number and maintain the currency of that information. A
pass through entity shall be responsible for determining that subrecipients
have current CCR registrations prior to making subawards and performing
periodic checks to ensure that the subrecipients are updating information as
necessary.
2. Recipients shall require each subrecipient to;
a. Document at the time of the subaward and disbursement of funds, the
Federal award number, Catalog of Federal Domestic Assistance
(CFDA) number, and the amount of American Recovery and
Reinvestment Act (ARRA) funds; and
b. Provide similar identification in their Schedule of Expenditures of
Federal Awards (SEFA) and Form SF-SAC. Additional information,
including presentation requirements for the SEFA and SF-SAC, is
provided in Appendix VII of the 2009 Supplement (2CFR Section
176.210).
II. DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in the
Project/Program Exhibit(s)) or the date of execution of this Contract, whichever is
earlier, and shall terminate on the Termination Date specified in each
Project/Program Exhibit, unless extended to a later date or terminated earlier,
pursuant to the terms and conditions of the Contract.
IIL TERM OF COMPLIANCE FOR CAPITAL PROJECTS
The Agency shall own and operate the project during the compliance period as
defined in the Program/Project Exhibit.
IV. COMPENSATION AND METHOD OF PAYMENT
The County shall reimburse the Agency only for the approved activities specified in
each Project/Program Exhibit and the reimbursement amount shall not exceed the
amount specified in each Project/Program Exhibit. 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/Program Exfiibit. Costs incurred before the Start Date will not be
reimbursed. Costs incurred after the End Date will not be reimbursed.
B. Submission of Invoices, Supporting Documentation and Reports
The Agency shall submit an invoice, supporting documentation for costs claimed
in the invoice and all reports as specified in each Project/Program Exhibit or the
City of Federal Way Page 6 of 47 2011 Contract
�
County may not process the invoice. Supporting documentation for costs claimed
in the invoice includes, but is not limited to, purchase orders and bills. The
County shall initiate authorization for payment to the Agency not more than 30
days following the County's approval of a complete and correct invoice,
supporting documentation and reports.
C. Final Invoice for Service Projects
The Agency shall submit its final invoice for each Project/Program Exhibit
providing funding for Service Projects within seven business days after the End
Date. The Agency shall submit all outstanding reports for each Project/Program
Exhibit providing funding for Service Projects within 30 business days after the
End Date.
If the Agency's final invoices, supporting documentation, and reports are not
submitted by the last date specified in this subsection, the County shall be
relieved of all liability for payment to the Agency of the amounts set forth in said
invoice or any subsequent invoice; provided, however, the County may elect to
pay any invoice that is not submitted in a timely manner.
D. Final Invoice for Capital Projects
Unless provided otherwise in the Project/Program Exhibit(s), the Agency shall
submit its final invoice, supporting documentation, and all outstanding reports for
each Project/Program Exhibit providing funding for Capital Projects before the
End Date specified in the Project/Program Exhibit(s).
If the Agency's final invoices, supporting documentation, and reports are not
submitted by the date specified in this subsection, the County shall be relieved of
all liability for payment to the Agency of the amounts set forth in said invoice or
any subsequent invoice; provided, however, the County may elect to pay any
invoice that is not submittEd in a timely manner.
E. Unspent County Funds
After the End Date specified in each Project/Program Exhibit, for individual
projects covered by this Contract, the County shall recapture any
unexpended funds encumbered under this Contract.
2. During the term of the Contract, the County may, upon mutual agreement,
recapture any unexpended funds for reallocation to other ProjecUProgram
activities.
Projects using federal funds shall also comply with the following subsections F,
G, H and I.
F. Municipal Corporations or State Public Agencies
If the Agency is a municipal corporation or an agency of the State of Washington,
costs for which the Agency requests reimbursement shall comply with the
policies, guidelines, and requirements of Office of Management and Budget
(OMB) Circular No. A-87, "Cost Principles FoG State, Local and Indian Tribal
City of Federal Way Page 7 of 47 2011 Contract
r
Governments" and the sections of 24 CFR Part 85 "Administrative Requirements
for Grants and Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments" identified at 24 CFR § 570.502(a)
Applicability of Uniform Administrative Requirements, unless otherwise provided
in the Project/Program Exhibit(s).
G. Not-for-profit Corporations
If the Agency is a not-for-profit corporation, costs for which the Agency requests
reimbursement shall comply with, unless otherwise provided in the
Project/Program Exhibit(s), the policies, guidelines and requirements of OMB
Circular No. A-122, "Cost Principles for Non-Profit Organizations," and the
sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations, identified at 24 CFR § 570.502 (b), Applicability of Uniform
Administrative Requirements.
H. Excess Federal Funds
CDBG and/or HOME funds on hand shall not exceed 5 000 if retained beyond
three days unless written approval is received from the County. Any
reimbursement in excess of the amount required shall be promptly returned to
the County.
Program Income
The Agency shall report all CDBG and HOME Program Income, as defined in 24
CFR § 92.2, 92.503 and 570.504(c) and in the ICAs, generated under this
Contract for the purposes specified herein or generated through the project(s)
funded under this Contract. Program Income is to be reported to the County.
Program income shall be returned to the County unless the County specifies that
it may be retained by the Agency. If the County authorizes the Agency to retain
the Program Income to continue or benefit a project(s), the Agency shall comply
with all provisions of this Contract in expending the funds. This duty to repay the
County shall not be diminished or extinguished by the prior termination of the
Contract pursuant to Section II or Section XV.
V. BUDGET
The Agency shall apply the funds received from the County under this Contract in
accordance with each ProjecUProgram Exhibit including a line item budget, if
applicable, set forth in each Project/Program Exhibit. The Agency shall request in
writing prior approval from the County to revise the line item budget when the
cumulative amount of transfers from a line item in any Project/Program Exhibit is
expected to exceed ten percent of that line item. Supporting documents are
necessary to fully explain the nature and purpose of the revision, and must
accompany each request. All budget revision requests in excess of ten percent of a
line item amount shall be reviewed and approved or denied by the County in writing.
City of Federal Way Page 8 of 47 2011 Contract
VI. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls
that comply with applicable, generally accepted accounting principles, financial and
governmental reporting standards as prescribed by the appropriate accounting
standards board.
VII. MAINTENANCE OF RECORDS
A. Scope of Records
The Agency shali maintain accounts and records, including personnei, property,
financial, and programmatic records and other such records specified in each
Project/Program Exhibit or otherwise deemed necessary by the County to ensure
proper accounting for all Contract funds and compliance with this Contract.
B. Time for Retention of Records
Records required to be maintained in subsection A above shall be maintained for
a period of six years after the termination date, unless a different period for
records retention is specified in the Project/Program Exhibit.
C. Location of Records/Notice to County
The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books,
records, documents, and other evidence and shall notify the County in writing of
any changes in location within ten working days of any such relocation.
Projects using federal funds shall also comply with subsections D, E, F, G, H, I,
J, K and L.
D. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period are as follows:
1. Records that are the subject of audit findings, litigation, or claims shall be
retained until such findings, litigation or claims have been resolved; and
2. The retention period for real property and equipment records starts from the
date of the disposition, replacement or transfer at the direction of the County.
E. Financial Management Records
Financial records shall identify adequately the source and application of funds for
activities within this Contract, in accordance with the provisions of 24 CFR §
85.20 and the OMB Circular A-87 for governmental agencies, 24 CFR § 84.21
and OMB Circular A-122 for Nonprofit Corporations. These records shall contain
information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays and income.
City of Federal Way Page 9 of 47 2011 Contract
F. Tenant Notification and Relocation Records
If the Agency is acquiring property with existing tenants, Agency record keeping
for tenant notification and relocation must comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform
Relocation Act"), and regulations at 49 CFR Part 24. Indication of the overall
status of the relocation workload and a separate relocation record for each
person, business, organization and farm operation displaced or in the relocation
workload must be kept.
G. Acquisition Records
If the Agency is using funds under this Contract for property acquisition, the
Agency must maintain a separate acquisition file for each acquisition process
documenting compliance with Uniform Relocation Act regulations at 49 CFR Part
24, including a notice of voluntary sale.
H. Beneficiary Records
The Agency agrees to maintain racial, ethnic, disability status, singie 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/Program Exhibit.
Labor Standards
If the Agency is using funds-under this Contract for construction work, the
Agency shall maintain records documenting compliance by all construction
contractors with the labor standards as required under 24 CFR § 570.603 for
CDBG funds and 24 CFR § 92.354 for HOME funds.
J. Other Construction Records
The Agency and all of its contractors shall maintain records and information
necessary to document the level of utilization of state certified small, minority,
and women-owned businesses, and other businesses as subcontractors and
suppliers under this Contract. The Agency shall also maintain all written quotes,
bids, estimates or proposals submitted by the contractor and any and all
businesses seeking to participate in this Contract. The Agency shail make such
documents available to the County for inspection and copying upon request.
K. Employment Records
If the Agency is a municipal corporation or an agency of the State of Washington,
it agrees to maintain the following data for each of the Agency's operating units
funded in whole or in part with CDBG funds provided under this Contract:
Employment data with such data maintained in the categories prescribed on
the Equal Employment Opportunity Commission's EEO-4 form; and
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2. Documentation of any actions undertaken to assure equal employment
opportunities to all persons regardless of race, color, national origin, sex or
handicap.
L. Records Regarding Remedy of Past Discrimination
The Agency shall maintain documentation of the affirmative action measures the
Agency has taken to overcome prior discrimination if a court or HUD has found
that the Agency has previously discriminated against persons on the grounds of
race, color, national origin or s.ex in administering a program or activity funded in
whole or in part with CDBG funds pursuant to 24 CFR Part 121.
VIII. AUDITS
A. Not-for-profit Corporations
The Agency shall provide the County with a copy of its applicable Internal
Revenue Service (IRS) Form 990 (Return of Organization Exempt from
Tax), IRS Form 1065 (Partnership tax return), or equivalent when requested.
2. The Agency shall comply with the specific requirements for independent
financial audits or alternative as follows:
a. An Agency receiving 500 000 or more in direct or indirect federal
funding from all sources during its fiscal year, incl�ding other forms of
federal financial assistance shall have a single audit or program-specific
audit conducted for that year. Such audit shall be done in accordance
with the provisions of the Single Audit Act Amendments of 1996 as
implemented through the Federal Office of Management and Budget
(OMB) Circular A-133, Audits of States, Local Governments, and
Nonprofit Organizations, as revised.
b. An Agency receiving 300 000 or more from all fund sources during
their fiscal year that is not otherwise subject to the requirements of OMB
Circular A-133 shall have a financial statement audit conducted for that
year. Such audit shall be performed by an independent certified public
accountant and conducted in accordance with the American Institute of
Certified Public Accountants' (AICPA) generally accepted auditing
standards.
c. An Agency receiving $50,000 or more but less than $300,000 from all
fund sources during its fiscal year shall be required to complete a
limited scope financial statement/internal control review as defined by
the AICPA and according to AICPA standards, provided the Agency
meets all of the following criteria:
The Agency previously provided to the County a financial
statement audit that was completed by an independent certified
public accountant and conducted in accordance with AICPA
generally accepted auditing standards, for that Agency's most
recently completed fiscal period;
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That financial statement audit and any associated management
letter show no reportable conditions or internal control issues; and
iii. There has been no turnover in key staff since the beginning of the
period for which the audit was completed.
Any limited scope financial statement/internal control review authorized
under this subsection shall be conducted in accordance with the
AICPA's Statements on Standards for Attestation Engagements and
shall be performed by an independent certified public accountant.
If the Agency does not meet the qualifications in VIII, A, 2, c, i. through
iii, then the Agency shall provide a financial statement audit.
d. An Agency receiving less than 50 000 from all fund sources during its
fiscal year shall submit a compilation of financial statements that has
been certified as accurate and complete by the Agency's Board of
Directors.
e. The County reserves the right to require an independent financial
statement audit at its discretion based on changes in circumstances
relating to the financial and programmatic conditions of the Agency.
3. An Agency which is not subject to OMB Circular A-133 may, in extraordinary
circumstances, request a waiver of audit requirements and, with the review
and upon approval of the County, substitute for the above requirements other
forms of financial reporting or fiscal representation certified by the Agency's
Board of Directors.
4. The Agency shall provide to the County 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 previous audit or any alternative documents
required under Section VIII. A, 2 c and d of this Contract. These documents
shall be submitted no later than six months subsequent to the end of the
Agency's fiscal year.
5. If additional federal and/or state audit or review requirements are imposed on
the County during the term of this Contract, the Agency agrees this Contract
may be amended to require that the Agency comply with any such additional
audit requirements. Even if this Contract is not amended, the Agency agrees
to comply with any such additional audit requirements.
6. If the Agency receives a financial audit, including an A-133 audit, due to
requirements other than stated herein, such audit shall be provided to the
County within the time period identified in Section VIII. A. 4. even if not
otherwise required under this Section.
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B. Municipal Corporations
If the Agency is a municipal corporation in the state of Washington, it shall submit
to the County a copy of its annual report of examination/audit, conducted by the
Washington State Auditor, within 30 days of receipt, which submittal shall
constitute compliance with Section VIII.
C. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG
Program is 14.218. The CFDA number for the HOME Program is 14.239.
Additional federal and/or state audit or review requirements may be imposed on
the County, and if the Agency has CDBG or HOME funds in the Contract it shall
be required to comply with these requirements.
IX. EVALUATIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records
The Agency shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the activities funded under this
Contract. The County shall give advance notice to the Agency in the case of
fiscal audits to be conducted by the County.
B. Time for Inspection and Retention
The records and documents with respect to all matters covered by this Contract
shall be subject at al� times to inspection, review, or audit by the County and/or
federal/state officials so authorized by law during the performance of this
Contract and six years after the termination date, unless a different period is
specified in the Project/Program Exhibit or a longer retention period is required
by law.
C. Agreement to Cooperate
The Agency agrees to cooperate with the County or its agent in the evaluation of
the Agency's performance under this Contract and to make available all
information reasonably required by any such evaluation process. The results and
records of said evaluations shall be maintained and disclosed in accordance with
RCW Chapter 42.56.
X. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS
The Agency shall engage in sound property and program management practices and
at all times operate and maintain the Premises in a manner which fully complies with
all applicable federal, state, and local laws, statutes, rules and regulations covering
health and safety issues in order to provide decent, safe and sanitary housing, as
now in effect or as may be hereafter amended. The Agency specifically agrees to
comply and pay all costs associated with achieving such compliance without any
notice of requirement or requirements from the County, and that the County does nof
waive this section by giving notice of demand for compliance in any instance.
City of Federal Way Page 13 of 47 2011 Contract
The Agency shall throughout the term of this Contract, without cost or expense to the
County, keep and maintain the Premises and all improvements, landscaping, fixtures
and equipment which may now or hereafter exist thereon, in a neat, clean and
sanitary condition, and shall, except for reasonable wear and tear, at all times
preserve the Premises in good and safe repair.
If, after 30 days notice from the County, the Agency fails to maintain or repair any part
of the Premises or any improvement, landscaping, fixtures or equipment thereon, the
County may, but shall not be obligated to, enter upon Premises and perform such
maintenance or repair and the Agency agrees to pay the costs thereof to the County
upon receipt of a written demand.
XI. TAXES AND LICENSES
The Agency shaii pay throughout the term of this Contract, ali applicable taxes, and
all licenses and excise fees covering the ownership and operations of the Premises.
XII. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL
PROJECTS
A. In the event that all or any portion of the Premises is taken or conveyed as a
result of any condemnation proceeding or damaged as a result of any casualty,
the County and the Agency agree that the proceeds of any condemnation or
casualty affecting the Premises shall be made available for the repair or
restoration of the real property if the County and the Agency in their reasonable
judgment agree that
Repair or restoration of the real property is feasible and that sufficient funds
are available to complete such work;
2. After the completion of work, the real property can be feasibly operated
within the restrictions and requirements of the Project/Program Exhibit; and
3. More than two years remain after the completion of the work until the end of
this Contract.
B. The County and the Agency shali meet as necessary to discuss in good faith the
rebuilding or repair of the real property and reach a decision with respect thereto
within 60 days after the occurrence of the casualty or condemnation. If the
parties cannot in good faith agree to repair or restore the real property as
provided above, then any proceeds of the casualty or condemnation, within 60
days of demand, shall be paid first to satisfy the County's lien. The balance of
the proceeds shall be paid to the Agency.
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Xlil. CORRECTIVE ACTION
A. Default by Agency
If the County determines that a breach of contract has occurred because the
Agency failed to comply with any material terms or conditions of this Contract or
the Agency has failed to provide in any manner the work or services agreed to in
any ProjecUProgram Exhibit attached hereto, and if the County deems said
breach to warrant corrective action, the following sequential procedure shall
apply.
The County shali notify the Agency in writing of the nature of the breach.
2. The Agency shall submit a plan describing the specific steps being taken to
correct the specified deficiencies (the "corrective action plan"). The
corrective action plan shall be submitted to the County within ten business
days from the Agency's receipt of the County's notice under this Section.
The corrective action plan shall specify the proposed completion date for
bringing the Contract into cbmpliance, which completion date shall not be
more than 30 days from the date the County receives the Agency's
corrective action plan, unless the County, in its sole discretion, specifies in
writing an extension in the number of days to complete the corrective
actions.
3. The County shall notify the Agency, in writing of the County's determination
as to the sufficiency of the Plan. The County shall have sole discretion in
determining the sufficiency of the Agency's corrective action plan.
B. Termination of Contract
In the event that the Agency does not respond within the appropriate time with a
corrective action plan, or the Agency's corrective action plan is determined by
the County to be insufficient, the County may commence termination of this
Contract in whole or in part pursuant to Section XV.B.
C. County Withholding of Payment
In addition, the County may withhold any payment owed the Agency or prohibit
the Agency from incurring additional obligations of funds until the County is
satisfied that corrective action has been taken or completed.
D. No Waiver of Other Remedies
Nothing herein shall be deemed to affect or waive any rights the parties may
have pursuant to Section XV or other remedies authorized by law.
XIV. ASSIGNMENT
The Agency shall not assign, transfer or subcontract any portion of this Contract or
transfer or assign any claim arising pursuant to this Contract without the prior written
consent of the County. Additional terms for County consent to such assignment,
transfer or subcontract may be described in a Project/Program Exhibit. Said consent
City of Federal Way Page 15 of 47 2011 Contract
must be sought in writing by the Agency not less than 15 business days prior to the
date of any proposed assignment, transfer or subcontract. The Agency shail deliver to
the County with its request for consent, such information regarding the proposed
assignee, transferee or subcontractee, including its proposed mission, legal status,
and financial and management capabilities as is reasonably available to the Agency.
Within 15 days after such request for consent, King County may reasonabiy request
additional available information on the proposed assignee, subcontractee or
transferee. If the County shall give its consent, this Section shall nevertheless
continue in full force and effect. Any assignment, transfer or subcontract without prior
County consent shail be void.
XV. TERMINATIO
A. Termination for Convenience
This Contract may be terminated by the County without cause, in whole or in
part, prior to the termination date specified in the Project/Program Exhibit, by
providing the Agency 30 days advance written notice of the termination.
2. In addition to the foregoing, if expected or actual funding is withdrawn,
reduced, or limited in any way prior to the termination date set forth in the
Project/Program Exhibit, the County may, upon written notification to the
Agency, terminate this Contract in whole or in part.
3. If the Contract is terminated as provided above:
a. The County 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
b. 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
The County may terminate this Contract, in whole or in part, upon seven
days advance written notice to the Agency in the event:
a. 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 County; or
b. The duties, obligations, or services required herein become
impossible, illegal or not feasible.
2. If the County terminates the Contract pursuant to this section, the Agency
shall be liable for damages, including any additional costs of procurement
of similar services from another source.
3. If the termination results from acts or omissions of the Agency, including but
not limited to misappropriation, nonperformance of required services, or
City of Federal Way Page 16 of 47 2011 Contract
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fiscal mismanagement, the Agency shall return to the County immediately
any funds, misappropriated or unexpended, which have been paid to the
Agency by the County.
4. If County or other expected or actual funding is withdrawn, reduced, or
limited in any way prior to the termination date set forth above in Section II,
the County may, upon written notification to the Agency, terminate this
Contract in whole or in part.
5. If the Contract is terminated as provided in this Subsection:
a. The County shali be liable only for payment in accordance with the
terms of this Contract for services rendered prior to the effective date
of termination; and
b. The Agency shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the
termination.
6. Funding or obligation under this Contract beyond the current appropriation
year is conditional upon appropriation by the County Council of sufficient
funds to support the activities described in the Contract. Should such
appropriation not be approved, this Contract shall terminate at the close of
the current appropriation year.
C. Waiver
Nothing herein shall limit, waive, or extinguish any right or remedy provided by
this Contract at law or in equity that either party may have in the event that the
obligations, terms and conditions set forth in this Contract are breached by the
other party.
XVI. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obiigation for future support of the activity contracted herein except as
expressly set forth in this Contract.
XVII. HOLD HARMLESS AND INDEMNIFICATION
A. Agency is an Independent Contractor
In providing services under this Contract, the Agency is an Independent
contractor and neither it, nor its officers, agents or employees, are employees of
the County for any purpose. The Agency shall be responsible for all federal
and/or state tax, industrial insurance, and Social Security liability that may result
from the performance of and compensation for these services and shall make no
claim of career service or civil service rights which may accrue to a County
employee under state or local law.
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2011 Contract
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The County assumes no responsibility for the payment of any compensation,
wages, benefits or taxes by, or on behalf of, the Agency, its employees, and/or
others by reason of this Contract. The Agency shall protect, indemnify, and hold
harmless the County, its officers, agents and employees from and against any
and all claims, costs, and/or losses whatsoever occurring or resulting from:
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 shall repay the
County 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 County shall not be diminished or
extinguished by the prior termination of the Contract pursuant to the Duration of
Contract or the Termination Sections.
C. Agency Indemnification of County
The Agency shall protect, defend, indemnify and hold harmless the County,
their officers, employees and agents from any and all costs, ciaims,
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,
contractors, subcontractors and/or agents, in its performance and/or non-
performance of its obligations under this Contract. The Agency agrees that
its obligations under this subparagraph extend to any claim, demand, and/or
cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Agency, by mutual negotiation, hereby waives, as
respects to the County only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of RCW, Title
51. In the event the County incurs any judgment, award and/or cost arising
there from including attorneys' fees to enforce the provisions of this article,
all such fees, expenses, and costs shall be recoverable from the Agency. To
the extent that an Agency subcontractor fails to satisfy its obligation to
defend and indemnify King County, as detailed in Section XVII, the Agency
shall protect, defend, indemnify and hold harmless King County, its officers,
employees, and agents from any and all costs, claims, judgments, and/or
awards or damages arising out of, or in any way resulting from the negligent
act or omissions of the Agency's contractor/subcontractor, its officers,
employees, and/or agents in connection with or in support of this Contract.
2. Claims shall include, but not be limited to, assertions that 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.
City of Federal Way Page 18 of 47 2011 Contract
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3. The Agency agrees not to perform any acts that include use or transfer of
software, book, document, report, film, tape, or sound reproduction, or
material of any kind, delivered hereunder, that constitutes an infringement of
any copyright, patent, trademark, trade name and/or otherwise results in
unfair trade practice. The Agency agrees to indemnify the County for any
harm resulting from unfair trade practices.
4. The provisions in this section shall survive the termination and/or duration of
the Contract term.
5. Nothing contained within this provision shall affect and/or alter the
application of any other provision contained within this Contract.
6. The indemnification, protection, defense and hold harmiess obligations
contained herein shall survive the expiration, abandonment or termination of
this Contract.
XVIII. INSURANCE REQUIREMENTS—GENERAL
A. Insurance Required
By the date of execution of this Contract, the Agency shaii procure and maintain
for the duration of this Contract, insurance against claims for injuries to persons
or damages to property which may arise from, or in connection with, the
performance of work hereunder by the Agency, its agents, representatives,
employees and/or contractor/subcontractors. The Agency or
contractor/subcontractor shall pay the costs of such insurance. The Agency shall
furnish separate certificates of insurance and policy endorsements from each
contractor/subcontractor as evidence of compliance with the insurance
requirements of this Contract.
The Agency is responsible for ensuring compiiance with all of the insurance
requirements stated herein. Failure by the Agency, its agents, employees,
officers, contractor/subcontractors, 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 acceptabie with prior County
approval. If coverage is approved and purchased on a"claims made" basis, the
Agency warrants continuation of coverage, either through policy renewals or the
purchase of an extended discovery period, if such extended coverage is
available, for not less than three years from the date of Contract termination,
and/or conversion from a"claims made" form to an "occurrence" coverage form.
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(s). Nothing contained in this provision shall affect
and/or alter the application of any other provision contained within this Contract.
City of Federal Way Page 19 of 47 2011 Contract
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B. Risk Assessment by Agency
By requiring such minimum insurance, the County shail 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 the
following:
General Liability
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
Professional Liability, Errors and Omissions Coverage
In the event that services delivered pursuant to this Contract either directly
or indirectly involve or require professional services, Professional Liability,
Errors and Omissions coverage shall be provided. "Professional Services",
for the purpose of this Contract section, shall mean any services provided by
a licensed professional or those services that require a professional
standard of care.
3. Automobile Liability
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/Employers 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 and Insurance Services Office
form number (CP 10 30) CAUSES OF LOSS — SPECIAL FORM or project
appropriate equivalent.
City of Federal Way Page 20 of 47 2011 Contract
7. National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes
in identified special flood hazard areas shail be subject to Agency mandatory
purchase of flood insurance as required by Section 102(a) of the Flood
Disaster Protection Act of 1973 (Pub L. 93-237).
8. Builder's Risk/Installation Floater
The Contractor shall procure and maintain during the life of the Contract, or
until acceptance of the project by King County, whichever is longer, "All
Risk" Builders Risk Insurance at least as broad as ISO form number CP0020
(Builders Risk Coverage Form) with ISO form number CP0030 (Causes of
Loss—Special Form) including coverage for collapse, theft and property in
transit. The coverage shall insure for direct physical loss to property of the
entire construction project, for 100 percent of the replacement value thereof.
The policy shall be endorsed to cover the interests, as they may appear, of
King County, Owner, Contractor and subcontractors of all tiers with King
County listed as a loss payee.
D. Minimum Limits of Insurance—Capital Projects
The Agency shall maintain limits no less than the following:
Commercial General Liability: $1 000,000 combined single limit per
occurrence by bodily injury, personal injury, and property damage; and for
those policies with aggregate limits, a$2,000,000 aggregate limit.
2. Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in
the Aggregate.
3. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage if the use of motor vehicles is contemplated.
4. Workers' Compensation: Statutory requirements of the state of residency.
5. Stop Gap/Employers Liability: $1 000,000.
6. Property Insurance: One hundred percent replacement value of funded
structure.
E. Minimum Limits of Insurance—Building Construction Period
Prior to commencement of building construction and until construction is
compiete and approved by the Agency, the Agency shall cause the construction
contractor and related professionals to procure and maintain insurance against
claims for injuries to persons or damages to property which may arise from, or in
connection with the activities related to this Contract. The Agency and County
shall be named as additional insureds on liability policies except Workers
Compensation and,Professional Liability, and as Named Insureds on Builders
City of Federal Way Page 21 of 47 2011 Contract
Risk policies. The cost of such insurance shall be paid by the Agency and/or any
of the Agency's contractors/ subcontractors. The Agency shall maintain limits no
less than the following:
Commercial Generai Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage and
$2,000,000 in the aggregate.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
4. Builder's Risk Insurance: One hundred percent repiacement cost value.
5. Workers Compensation: Statutory requirements of the State of residency.
6. Stop Gap or Employers Liability Coverage: $1,000,000.
F. Minimum Limits of Insurance—Services Agreements: The Agency shall maintain
limits no less than the following:
1. Commerciai General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage and
$2,000,000 in the aggregate.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
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.
Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects
and Services Contracts.
G. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by,
the County. The deductible and/or self-insured retention of the policies shall not
apply to the Agency's liability to the County and shail be the sole responsibility of
the Agency.
H. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
All Liability Policies except Professional and Workers Compensation.
City of Federal Way
Page 22 of 47
2011 Contract
a. The County, its officers, officials, employees, and agents are to be
covered as additional insureds as respects liability arising out of
activities performed by or on behalf of the Agency/Contractor in
connection with this Contract. Such coverage shall include Products-
Completed Operations.
b. To the extent of the Agency's/Contractor's negligence, the Agency's/
Contractor's insurance coverage shall be primary insurance as respects
the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its officers, officials,
empioyees, or agents shall not contribute with the Agency's insurance
or benefit the Agency in any way.
c. 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.
2. Property Coverage Policies
a. The County shall be added to all Property Coverage Policies as a loss
payee as its interests may appear.
b. The County shall be added as a Named Insured as their interests may
appear to all Builders Risk policies.
3. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or
in limits, except by the reduction of the applicable aggregate limit by claims
paid, until after 30 days prior written notice has been given to the County,
Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with
insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with
minimum surpluses the equivalent of Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with
insurers with a Bests' rating of B+VII. Any exception must be approved by the
County.
If, at any time, the foregoing policies shall fail to meet the above requirements,
the Agency shall, upon notice to that effect from the County, promptly obtain a
new policy, and shall submit the same to the County, with appropriate certificates
and endorsements, for approvaL
J. Verification of Coverage
The Agency shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements for each
City of Federal Way Page 23 of 47 2011 Contract
insurance policy are to be on forms approved by the County prior to the
commencement of activities associated with the Contract. The County reserves
the right to require complete, certified copies of all required insurance policies at
any time.
K. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Agency is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of
this Contract, then such requirements and documentation shall be subject to all
of the requirements stated herein.
L. Municipal or State Agency Provisions
If the Agency is a municipal corporation or an agency of the state of Washington
and is self-insured for any of the above insurance requirements, a certification of
seif-insurance shall be provided for the self-insured requirements and attached
hereto and be incorporated by reference and shall constitute compliance with this
Section. If the certificate of self-insurance does not cover all mandatory
requirements, the Agency shall provide separate certificates and endorsements
that document coverage.
XIX. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Equal Benefits to employees with Domestic Partners
To the extent prohibited by KEC Chapter 12.19, King County's "Equal Benefits"
(EB) ordinance, and related administrative rules adopted by the County
Executive, as a condition of a competitive award of a contract valued at $25,000
or more, non public Contractors agree not to discriminate in the provision of
employee benefits between employees with spouses, and employees with
domestic partners or employees who reside with legally domiciled members of
households during the perFormance of this Contract. Failure to comply with this
provision shall be considered a material breach of this Contract, and may subject
the Contractor to administrative sanctions and remedies for breach.
When a competitively awarded contract is valued at $25,000 or more, the Agency
shall complete a Worksheet and Declaration form for County review and
acceptance prior to Contract execution. The EB Compliance forms, King County
Code Chapter 12.19 and related administrative rules are incorporated herein by
reference. They are also available online at:
http://www.kingcounty.qov/operations/procurement/Services/Equal Benefits.aspx
B. Nondiscrimination in Employment Provision of Services
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the perFormance
of this Contract, neither the Agency nor any party subcontracting under the
authority of this Contract shall discriminate or tolerate harassment on the basis of
race, color, marital status, national origin, religious affiliation, disability, sexual
orientation, gender identity or expression or age except by minimum age and
City of Federal Way Page 24 of 47 2011 Contract
retirement provisions, unless based upon a bona fide occupational qualification in
the employment or application for employment or in the administration or delivery
of services or any other benefits under this Contract..
C. Nondiscrimination in Subcontracting Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this
Contract, the Agency shall not create barriers to open and fair opportunities to
participate in County contracts or to obtain or compete for contracts and
subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers,
the Agency shall not discriminate against any person because of their sex, race,
color, marital status, national origin, religious affiliation, disability, sexual
orientation, gender identity or expression or age except by minimum age and
retirement provisions, unless based upon a bona fide occupational qualification
D. Compliance with Laws and Regulations
The Agency shall comply fully with all applicable federal, state and local laws,
ordinances, Presidential Executive Orders and regulations that prohibit
discrimination to the extent applicable. These laws include, but are not limited to,
RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the
American with Disabilities Act, and the Restoration Act of 1987. In addition, King
County Code chapters 12.16, 12.17 and 12.18 are incorporated herein by
reference and the requirements in these code chapters shall specifically apply to
this contract, to the full extent applicable. The Agency shall further comply fully
with any equal opportunity requirements set forth in any federal regulations,
statutes or rules included or referenced in the contract documents.
E. Contractors and Suppliers and Minority and Women Business Enterprises
Opportunities
King County encourages the Agency to utilize small businesses, including Small
Contractors and Suppliers (SCS) as defined below, and minority-owned and
women-owned business enterprises certified by the Washington State Office of
Minority and Women's Business Enterprises (OMWBE) in County contracts. The
County encourages the Agency to use the following voluntary practices to
promote open competitive opportunities for small businesses, including SCS
firms and minority-owned and women-owned business enterprises.
Inquire about King County's Contracting Opportunities Program. King
County has established a Contracting Opportunities Program to maximize
the participation of SCS firms in the award of County contracts. The
Program is open to all SCS firms certified by King County Business
Development and Contract Compliance (BDCC), as determined by BDCC
and identified in the solicitation documents issued by the County, the
Program will apply to specific contracts. However, for those contracts not
subject to the Program or for which the Agency elected not to participate in
the Program during the solicitation stage, the Agency is still encouraged to
inquire voluntarily about available firms. Program materials, including
application forms and a directory of certified SCS firms, are available at the
following website: httq://www.kinqcountylqov/bdcc.
City of Federal Way Page 25 of 47 2011 Contract
The term SCS means that a business and the person or persons who own
and control it are in a financial condition which puts the business at a
substantial disadvantage in attempting to compete for public contracis. The
relevant financial condition for eligibility under the Program is set at 50
percent of the Federal Small Business Administration small business size
standards using the North American Industry Classification System and
Owners' Personal Net Worth less than 750 000;
2. Contact the Washington State Office of Minority and Women's Business
Enterprises to obtain a list of certified minority-owned and women-owned
business enterprises by visiting their website at ht�://www.omwbe.was.qov/
or by telephone 866-208-1064; and
3. Use the services of available community organizations local assistance
offices, the County and other organizations that provide assistance in the
recruitment and placement of small businesses, including SCS firms and
minority-owned and women-owned business enterprises.
F. Equal Employment Opportunity Efforts
The Agency shall undertake equal employment opportunity efforts to ensure that
applicants and employees are treated, without regard to their sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression of age. The Agency's equal employment
opportunity efforts shall include but not be limited to, the following; employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeships. The Agency agrees to post in conspicuous
places available to employees and applicants for employment notices setting
forth this nondiscrimination clause. In accordance with KCC 12.16.010.j. "equal
employment opportunity efforts" shall mean active efforts to ensure equal
opportunity in employment that is free from all forms of discrimination.
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:
Records of employment, empioyment advertisements, application forms,
and other pertinent data and records related to the Contract for the purpose
of monitoring, audit and investigation to determine compiiance with any
equal opportunity requirements set forth in any federal regulations, statutes
or rules included or referenced in the Contract documents;
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 subcontractors and suppliers in this Contract, including
employment records.
The County may visit, at any time, the site of the work and the Agency's office to
review the foregoing records. The Agency shall provide every assistance
City of Federai Way Page 26 of 47 2011 Contract
requested by the County during such visits. In all other respects, the Agency
shail make the foregoing records availabie to the County 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. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended
(Section 504) and the American Disabilities Act of 1990 as amended (ADA)
Pursuant to Title II of the ADA and Section 504 the County must not discriminate
against people with disabilities in providing services, programs or activities even
if those services, programs or activities are carried out by contractors. The
Agency agrees that it shall provide all programs, services and activities to County
employees or members of the public under this Contract in the same manner as
King County is obligated to under Title II of the ADA, and Section 504 and shall
not deny participation or the benefits of such services, programs or activities to
people with disabilities on the basis of such disability. Failure to comply with this
section shall be a material breach of, and grounds for, the immediate termination
of this Contract.
The Agency agrees to provide to persons with disabilities access to
programs, activities and services provided under the Contract or agreement,
as required by the disability access laws as defined by KCG 12.16; and
2. The Agency shall not discriminate against persons with disabilities in
providing the work under the Contract. In any subcontracts for the programs,
activities and services under their contract or agreement, the Agency shall
include the requirement that the subcontractor provide to persons with
disabilities access to programs, activities and services provided under the
contract or agreement as required by the disability access laws as defined
by KCC 12.16, that the subcontractor shall not discriminate against persons
with disabilities in providing the work under the Contract and that the
subcontractor shall provide that the County is a third party beneficiary to that
required provision.
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.
Fair Housing Protections
The Agency shall comply with the federal Fair Housing Act, Public Law 90-284
(42 USC 3601 et seq.). The Agency shall take necessary and appropriate actions
to prevent discrimination in any housing-related project under this Contract,
which includes rental housing projects and/or projects that include residential real
estate-related transactions, as required by the Federal Fair Housing Act as
amended (42 USC 3601) and the Washington State Law Against Discrimination
(RCW Chapter 49.60). Residential real estate-related transactions include-the
making or purchasing of loans or the provision of financial assistance secured by
City of Federal Way Page 27 of 47 2011 Contract
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 that 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. In
addition, except for projects located in incorporated jurisdictions, the Agency
shall comply with the applicable provisions of the King County Open Housing
Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits
practices of housing discrimination against any person on the basis of age,
ancestry, color, disability, marital status, national origin, parental status,
possession of Section 8 housing assistance, race, religion, retaliation, sex, and
sexual orientation.
Projects using federal funds shall also comply with subsections K, L, and M below.
K. Additional Federal Nondiscrimination Requirements
The Agency shall comply with all applicable federal laws prohibiting
discrimination, including the following:
Presidential Executive Order 11063 as amended and implementing
regulations at 24 CFR Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218
and 225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part
8.
L. Prohibited Discriminatory Actions
Except where expressly authorized by federai law, the Agency may not,
under any program or activity to which this Contract applies, 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
foilowing:
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;
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;
City of Federal Way Page 28 of 47 2011 Contract
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;
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
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 shail not utilize criteria or methods of administration that 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.
M. Employment Protections
In all solicitations under this Contract, the Agency shall state that all qualified
applicants will be considered for employment. The words "equal opportunity
employer" in advertisements shall constitute compliance with this Section.
City of Federal Way Page 29 of 47 2011 Contract
N. No Conflict with 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 USC 2000e-1(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
subrecipients, 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 USC4000bb-3,4000bb-2(1)] which applies to all federal law
and its implementation. Subrecipients, 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
pro�ision of this Contract is deemed to be in actual conflict with federal law, the
conflicting provision in this Contract shall not apply.
XX. AFFIRMATIVE MARKETING
A. Federal Marketing Requirements
Each Agency must adopt affirmative marketing procedures and requirements for
projects containing five or more housing units funded with CDBG and/or HOME
funds. Affirmative marketing steps consist of actions to provide information and
otherwise attract eligible persons from all racial, ethnic, and gender groups in the
housing market area to the available housing. (The affirmative marketing
procedures do not apply to families with housing assistance provided by the
Public Housing Authority or families with tenant based rental assistance provided
with HOME funds.) The County shall annually assess the Agency's affirmative
marketing program to determine the success of affirmative marketing actions and
any necessary corrective actions.
B. The affirmative marketing requirements and procedures adopted must include:
Methods for informing the public, owners, and potential tenants about
federal fair housing laws and the use of the Equal Housing Opportunity
logotype or slogan in press releases and solicitations for owners, and written
communication to fair housing and other groups;
2: Requirements and practices the Agency must adhere to in order to carry out
the participating jurisdiction's affirmative marketing procedures and
requirement (e.g., use of commercial media, use of community contacts, use
of the Equal Housing Opportunity logotype or slogan, and display of fair
housing poster);
3. Procedures to be used by the Agency to inform and solicit applications from
persons in the housing market area who are not likely to apply for the
City of Federal Way Page 30 of 47 2011 Contract
housing without special outreach (e.g., use of community organizations,
language interpreters, piaces of worship, employment centers, fair housing
groups, or housing counseling agencies);
4. Records must be kept describing actions taken by the Agency to
affirmatively market units and records to assess the result of these actions;
and
5. A description of how the Agency shall assess the success of affirmative
marketing actions and what corrective actions will be taken where affirmative
marketing requirements are not met.
XXI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
Projects using federal funds shail comply with the following requirements:
A. Federal Requirements
In soliciting subcontractors to supply goods or services for the activities under
this Contract, the Agency shall comply with 24 CFR § 85.36(e) as amended if the
Agency is a municipal corporation or an agency of the State of Washington, and
24 CFR § 84.44(b)(1)-(5) if the Agency is a nonprofit corporation. In accordance
with these regulations, the Agency shall take all necessary affirmative steps to
assure MWBEs and labor surplus area firms are used as subcontractors when
possible. Affirmative steps shall include those actions specified above in this
Section of the Contract.
B. Nondiscrimination in Federally Assisted Construction
The Agency shall also require compliance with Presidential Executive Order
11246 as amended and 41 CFR Part 60 regarding nondiscrimination in bid
conditions for construction projects over 10 000.
XXII. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA)
The Agency 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 USC 701 et seq.;
and the ADA, 42 USC 12101 et seq. as amended. The Agency has completed a
504/ADA Assurance of Compliance. Such Assurance of Compliance is incorporated
herein by this reference.
XXIII. ACCESSIBILITY FOR CAPITAL PROJECTS
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 USC 4151 - 4157) and shall comply with the Uniform Federal
Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures, and
Appendix A to 41 CFR Parts 101-19 and subpart 101-19.6 for general type building).
City of Federal Way Page 31 of 47 2011 Contract
When applicable, certain multi-family housing units designed and constructed for first
occupancy after March 13, 1991, with assistance provided under this Contract must
comply with the Fair Housing Accessibility Guidelines, 24 CFR Part 100 as amended.
XXIV. SUBCONTRACTS AND PURCHASES
A. Subcontract Defined
"Subcontract" shall mean any agreement between the Agency and a
subcontractor or between subcontractors that is based on this Contract, provided
that the term "subcontract" does not include the purchase of (1) support services
not related to the subject matter of this Contract, or (2) supplies.
B. Writing Required
Any work or services assigned or subcontracted hereunder shall be in writing and
must be approved by the County as provided in Section XIV. The Agency agrees
that it is as fully responsible to the County for the acts and omissions of its
subcontractors and their employees and agents, as it is for the acts and
omissions of its own employees and agents, as specified in Subsection XVII.C.
C. Required Contract Terms
The Agency shall include the appiicable provisions of Sections XVIII, XIX.A-G,
XXI and XXII in every subcontract or purchase order for goods or services which
are paid for in whole or in part with funds provided under this Contract. The
Agency agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services, which relate to the
subject matter of this Contract:
"Subcontractor shall protect, defend, indemni#y, and hold harmless King County,
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 act or omissions of subcontractor, its officers, employees, and/or
agents in connection with or in support of this Contract. Subcontractor expressly
agrees and understands that King County is a third party beneficiary to this
Contract and shall have the right to bring an action against subcontractor to
enforce the provisions of this paragraph."
Projects using federal funds must also comply with subsections D, E, F, G and H.
D. Debarred Contractors
The Agency shall not make any award at any time to any contractor, which is
debarred, suspended or excluded, from participation in federal assistance
programs under Presidential Executive Order 12549, "Debarment and
Suspension".
E. Subcontracting Requirements
An Agency which receives federal funds under this Contract also shall include
the following Sections in every subcontract or purchase order for goods and
City of Federal Way Page 32 of 47 2011 Contract
services which are paid in whole or in part with funds provided under this
Contract: Sections XVII.B, XVIII.J, XIX.H-I, and XXVII.B; and, if the subcontract is
for construction, Sections XXV and XXVI.
F. Federal Procurement Requirements
If the Agency is a municipal corporation or an agency of the State of Washington,
it agrees to comply with procurement requirements specified in 24 CFR §
85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply
with procurement requirements specified in 24 CFR §§ 84.40 through 84.48 or as
otherwise provided in the Project/Program Exhibit. The regulations at 24 CFR §
85.36 (b) through (g) and 24 CFR � 84.40 through 84.48, require that all goods
and services, irrespective of cost, be procured using a competitive process.
G. Federal Bid Guarantee and Bond Requirements
If the Agency is subcontracting construction work under this Contract, the
subcontract shall require for any construction contracts exceeding 100 000:
A bid guarantee from each bidder equivalent to five percent of the bid price;
2. A performance bond from the contractor for one hundred percent of the
contract price; and
3. A payment bond from the contractor for one hundred percent of the contract
price. The Agency may, at its discretion, require any of these requirements
on construction contracts of less than 100 000. The specific requirements
for bid guarantees and bonds are at 24 CFR § 84.48(c) for nonprofit
corporations and 24 CFR § 85.36(h) for municipal corporations and
agencies of the State of Washington.
H. Failure to Comply is Default
Failure by the Agency to require compliance with the above terms and conditions
in subcontracts shall constitute a breach of this Contract.
XXV. LABOR STANDARDS
Agencies receiving a CDBG and/or HOME award shall comply with Subsections A
and C below.
A. Davis-Bacon Requirements
For projects assisted with CDBG funds, this Subsection shall not apply to
construction or rehabilitation of residential property consisting of fewer than eight
units. For projects assisted with HOME funds, this Subsection shall not apply to
rehabilitation of rental property consisting of fewer than twelve units.
All construction work funded in whole or in part under this Contract must be
performed in accordance with the Davis-Bacon Act, as amended (40 USC
sections 276(a)-276(a)(5)), the Copeland "Anti-Kickback" Act, as amended (40
USC 276(c)) and the Contract Work Hours and Safety Standards Act (40 USC
327 et seq.) as further prescribed at 29 CFR Parts 1, 3, 5, 6 and 7. The agency
City of Federal Way
Page 33 of 47
2011 Contract
will foliow all Davis Bacon documentation requirements and regularly submit
required documentation to the County, shall maintain records sufficient to
evidence compliance with this section and shall make such records available for
the County's review upon request.
A copy of #he current Davis Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over $2,000, except where the
project includes a copy of applicable state prevailing wages that are higher than
current Davis Bacon wages.
Agencies receiving an award of local funds (HOF, RAHP, HB 2331, Veterans and
Human Services Levy or MIDD funds) or federal funds that do not trigger Davis
Bacon shall comply with Subsections B and C below:
B. Prevailing Wages
Projects that are not subject to Section A above, shall pay State residential
prevailing wage rates as a minimum. Projects that are subject to State prevailing
wage requirements of chapter 39.12 RCW shall pay prevailing wages at or above
the applicable State classification rate.
The Agency shall provide annual certification to the County of its compliance with
the requirements of this Section. The Agency shall additionally maintain records
sufficient to evidence compliance with this section and shall make such records
available for the County's review upon request.
C. Use of Volunteers
The Agency shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this Contract.
XXVI. EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
A. Section 3 Requirements
The work to be performed under this Contract may be subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 USC 1701 u("Section 3"). The purpose of Section 3 is to ensure
that employment and other economic opportunities generated by HUD
assistance or HUD-assisted projects covered by Section 3, shall, to the greatest
extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
B. Section 3 Criteria for Capital Projects
As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 135.38
apply to all Project/Program Exhibits which meet all three of the following criteria:
The ProjecUProgram Exhibit must include $200,000 or more in total HUD
funds from one or more program years;
2. The Project/Program Exhibit must include construction or rehabilitation work
as a task that will be funded in full or in part with the HUD funds; and
City of Federal Way Page 34 of 47 2011 Contract
3. The construction or rehabilitation work that will be funded must have a
contract value, which exceeds 100 000. Actual contract value of
construction or rehabilitation work is the determining factor, not a cost
estimate.
Additionally, Section 3 regulations are applicabie to Project/Program Exhibit(s),
which do not initially meet the above criteria but which are amended so as to add
funds or change the activities for which the funds are used. Section 3 regulations
do not apply to projects that include $200,000 or more in HUD funds when the
funds are being used for acquisition and/or professional services only and not for
construction or rehabilitation work.
XXVII. CONFLICT OF INTEREST
A. King County Code Chapter 3.04 Compliance.
The Agency shall comply with applicable provisions of KCC Chapter 3.04. Failure
to comply with such provisions shall be a material breach of Contract and may
result in termination of this Contract pursuant to Section XV and subject the
Agency to remedies stated therein or otherwise available to the County at law or
in equity. This section shall not apply to an Agency that is a municipal corporation
which has adopted an employee code of, ethics; provided that nothing in this
section is intended to contract away such an Agency's obligation to comply with
any KCC Chapter 3.04 provision that applies independent of this Contract.
B. No Preferential Treatment
The Agency agrees that it will not attempt to secure preferential treatment in
dealings with the County by offering any valuable consideration, thing of value, or
gift, whether in the form of services, loan, thing, or promise, in any form, to any
County official or employee. The Agency acknowledges that if it is found to have
violated the prohibition found in this paragraph its current contracts with the
County shall be cancelled and it shall not be able to bid on any County contract
for a period of two years.
C. Current and Former County Empioyees
The Agency acknowledges that, for one year after leaving County employment, a
former County employee may not have a financiai or beneficial interest in a
contract or a grant that was planned, authorized or funded by a County action in
which the former County employee participated during County employment. The
Agency shall identify, at the time of offer, current or former County employees
involved in the preparation of proposals or the anticipated performance of work if
awarded the Contract. Failure to identify current or former County employees
involved in the transaction may result in the County's denying or terminating the
Contract. After Contract award, the Agency is responsible for notifying the
County's project manager of current or former County employees who may
become involved in the Contract any time during the term of the Contract.
City of Federai Way Page 35 of 47 2011 Contract
D. No Conflict of Interest
The agency shall abide by the provision of 24 CFR §§ 84.42 and 570.611, if
applicable and by the following:
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 funds under this
contract;
2. No employee, director, officer or agent of the Agency shall participate in the
selection or in the award, or administration of a contract supported by funds
under this Contract if a conflict of interest, real or apparent, would be
involved. By way of example, such a conflict would arise if such a person, or
his or her empioyer, immediate family member or partner has a financial or
other interest in the entity selected; and
3. No covered persons who exercise or have exercised any functions or
responsibilities with respect to any Contract-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 have or obtain a financial
interest in any contract, or have a financial interest in any contract,
subcontract, or agreement regarding a Contract-assisted activity, either for
themselves or those with whom they have business or immediate family ties,
during their tenure and one year thereafter. For purposes of this paragraph,
a"covered person" includes any person who is an employee, agent,
consultant, officer, or director of the Agency or the County.
E. Copyright
If this contract results in any copyrightable material or inventions, the County
reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or
materials for governmentai purposes.
XXVIII. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No agency, developer or sponsor (or officer, employee, agent or consultant of the
owner, developer or sponsor) whether private, for profit or not-for-profit (including a
Community Housing Development Organization when acting as an owner, developer
or sponsor) may occupy a CDBG, HOME, HOF, Regional Affordable Housing
Program (RAHP), HB 2331 or Current Expense (CX)-assisted affordable housing unit
in a project. This provision does not apply to an owner-occupant of single family
housing or to an employee or agent of the owner or developer of a rental housing
project who occupies a CDBG, HOME, HOF, RAHP,HB 2331 or CX-assisted unit as
the project manager or maintenance worker. ,
City of Federal Way Page 36 of 47 2011 Contract
XXIX. POLITICAL ACTIVITY PROHIBITED
A. No Partisan Activity
None of the funds, materiais, property or services provided directly or indirectly
under this Contract shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office.
All Projects using federal funds shall also comply with the following subsection:
B. Certification Regarding Lobbying
The Agency certifies, to the best of its knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf
of the Agency, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or .
cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the Agency shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The Agency shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by 31 USC 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than 10 000 and
not more than $100,000 for each such failure.
XXX. BOARD OF DIRECTORS
A. If the Agency is incorporated, it must have an active, legally constituted board of
directors in accordance with the requirements of RCW Chapters 23B or 24, to the
extent applicable.
City of Federai Way Page 37 of 47 2011 Contract
B. The requirements of this Section that follow apply only to the agencies that
qualify as non-profit organizations under United States Code, Title 26, Subtitle A,
Chapter 1, Subchapter F, Part 1, Section 501(C)(3).
The Agency shall have a Board of Directors that shall be comprised of
neither employees nor relatives of employees, officers or directors of the
Agency. For the purposes of this Section, a relative is defined as husband,
wife, father, father-in-law, mother, mother-in-law, brother, brother-in-law,
sister, sister-in-law, son, son-in-Jaw, daughter, daughter-in-law, niece,
nephew, grandparent, grandchild, uncle, aunt, domestic partner and child of
domestic partner. In addition, the relatives of a domestic partner shall be
considered relatives to the same extent such relatives would be inciuded in
this Section, as if the employee and domestic partner were married.
2. The Board of Directors shall meet regularly.
3. The Board of Directors shall cause to be adopted a formal conflict of interest
policy for Board members that complies with the applicable provisions of the
Internal Revenue Code and its 501(C)(3) status, and addresses issues
regarding gifts, financial gain, and improper use of position.
XXXI. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment Purchase
The Agency agrees that equipment purchased with Contract funds at a cost of
$5,000 per item or more and identified in an exhibit as reimbursable, is upon its
purchase or receipt the property of the Agency, County, and/or federal, and/or
state government, as specified in the exhibit.
B. Maintenance of Equipment
The Agency shall be responsible for all such equipment, including the proper
care and maintenance.
C. Equipment Returned
The Agency shall ensure that aii such equipment shall be returned to the
appropriate government agency, whether federal, state or County, upon written
request of the County.
D. Right of Access
The Agency shall admit the County's Property Management Officer to the
Agency's premises for the purpose of marking such property with appropriate
government property tags.
E. Maintenance of Records
The Agency shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment
purchased with Contract identified funds.
City of Federal Way Page 38 of 47 2011 Contract
F. Disposition of Equipment
Projects using federal funds shall also comply with the following requirement. If
the Agency ceases to use equipment purchased in whole or in part with CDBG
funds for the purpose described in this Contract, or if the Agency wishes to
dispose of such equipment, the disposition shall be determined under the
provisions of 24 CFR § 570.502(b)(3)(vi), if the Agency is a nonprofit corporation
and 24 CFR § 570.502(a) and 24 CFR § 85.32(e) if the Agency is a municipal
corporation or an agency of the state of Washington. The Agency agrees that it
will contact the County for instructions prior to disposing of, surplusing,
encumbering or transferring ownership, of any equipment purchased in whole or
in part with federal funds.
XXXII. NOTICES
Whenever this Contract provides for notice to be provided by one party to another,
such notice shall be in writing; and directed to the Chief Executive Officer of the
Agency and the Director of the County Department of Community and Human
Services. Any time within which a party must take some action shall be computed
from the date that said party receives the notice.
XXXIII. PROPRIETARY RIGHTS
A. 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
County. The County agrees to and does hereby grant to the Agency, irrevocable,
nonexclusive, and royalty-free license to use, according to law, any material or
article and use any method that may be developed as part of the work under this
Contract.
B. The foregoing products 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.
C. The foregoing provisions of this section shall not apply to existing training
materials, consuiting aids, checklists, and other materials and documents of the
Agency that are not modified for use in the performance of this Contract.
XXXIV. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are
mutually agreed upon, shall be incorporated by written amendments to this Contract.
Budget revisions approved by the County pursuant to Section V are not required to
be incorporated by written amendment.
XXXV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever
possible, the cover page of each document printed on recycled paper bears an
imprint identifying it as recycled paper.
City of Federal Way Page 39 of 47 2011 Contract
If the cost of recycled paper is more than 15 percent higher than the cost of non-
recycled paper, the Agency may notify the County, which may waive the recycled
paper requirement. The Agency shall use both sides of paper sheets for copying and
printing and shall use recycled/recyclable products wherever practical at the
fulfillment of this Contract.
XXXVI. ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto
and any oral or written representations or understandings not incorporated herein are
excluded. Both parties recognize that time is of the essence in the perFormance of the
provisions of this Contract. Waiver of any default shall not be deemed to be a waiVer
of any subsequent defauit. Waiver or breach of any provision of the Contract shall not
be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Contract unless stated to be such
through written approval by the County, which shall be attached to the original
Contract.
XXXVII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND
REGULATION
The Agency and any subcontractor agree, when appiicable, to abide by the terms of
Chapters 26.44, , 70.02, 70.96A, 71.05, 71 A.10, 71 A.14, 71 A.18, 71.20, 71.24, and
71.34 of the Revised Code of Washington, rules and regulations promulgated
thereunder, the Basic Interagency Contract between the Department of Social and
Health Services and King County, as amended, and regulations of the state and
federal governments, as applicable, which control disposition of funds granted under
this Contract, all of which are incorporated herein by reference.
XXXVIII. SUPPLANTING
Any federal CDBG or Homeless Housing and Services (2163) Funds made available
under this Contract to provide public (human) services shall not be utilized by the
Agency to reduce or replace the local financial support currently being provided to
public (human) service programs. Homeless Housing and Services funds cannot be
used in the place of existing housing operations or services funds.
XXXIX. 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 U.S.0 701) and regulations set forth at 24 CFR part 24, subpart F.
B. Other Federal Requirements
The absence of inention in this Contract of any other federal requirements that
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
City of Federal Way Page 40 of 47 2011 Contract
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 USC Chapter 15) regarding political activities.
XL. CONSTITUTIONAL PROHIBITION
In accordance with the First Amendment of the United States Constitution, Article 1,
Section 11 of the Washington State Constitution, and separation of church and state
principles, as a general rule, funds received under this Contract may not be used for
religious activities. Except where otherwise allowed by federal law, the following
restrictions and limitations appiy to the use of CDBG and HOME 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 a program
beneficiary or prospective program beneficiary on the basis of religion or
religious belief; and
C. CDBG and HOME funds may be used to rehabilitate or construct facilities and
housing owned by primarily religious organizations only to the extent those
structures are used for conducting eligible activities consistent with 24 CFR §
570.200, 24 CFR § 92.257, and 24 CFR § 576.23.
XLI. 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.
XLII. COMPLIANCE WITH THE HEALTH INS.URANCE-PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA)
Terms used in this Section shall have the same meaning as those terms in the
Privacy Rule, 45 CFR Parts 160 and 164.
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 this Contract, HIPAA and the Health
Information Technology for Economic and Clinical Health Act (HITECH). The
Agency shall use and disclose protected health information only if such use
or disclosure, respectively, is in compliance with each applicable
requirement of 45 CFR § 164.504(e). The Agency is directly responsible for
full compliance with the privacy provisions of HIPAA and HITECH that apply
to business associates.
City of Federal Way Page 41 of 47 2011 Contract
2. The Agency agrees to 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 County as required by 45
CFR, Part 164, Subpart C. The Agency is directly responsible for
compliance with the security provisions of HIPAA and HITECH that apply to
business associates, including sections 164.308, 164.310, 164.312, and
164.316 of title 45 CFR.
3. Within two (2) business days of the discovery of a breach as defined at 45
CFR § 164.402 the Agency shall notify the County of any breach of
unsecured protected health information. The notification shall include the
identification of each individual whose unsecured protected health
information has been, or is reasonably believed by the Agency to have been,
accessed, acquired, or disclosed during such breach; a brief description of
what happened, inciuding the date of the breach and the date of the
discovery of the breach, if known; a description of the types of unsecured
protected health information that were involved in the breach (such as
whether full name, social security number, date of birth, home address,
account number, diagnosis, disability code, or other types of information
were involved); any steps individuals should take to protect themselves from
potential harm resulting from the breach; a brief description of what the
Agency is doing to investigate the breach, to mitigate harm to individuals,
and to protect against any further breaches; the contact procedures of the
Agency for individuals to ask questions or learn additional information, which
shall include a toll free number, an e-mail address, Web site, or postal
address; and any other information required to be provided to the individual
by the County pursuant to 45 CFR § 164.404, as amended. A breach shall
be treated as discovered in accordance with the terms of 45 CFR § 164.410.
Th�e information shall be updated promptly and provided to the County as
requested by the County.
4. The Agency agrees to mitigate, to the extent practicable, any harmful effect
that is known to the Agency of a use or disciosure of protected health
information by the Agency in violation of the requirements of this Contract or
the law.
5. The Agency agrees to report in writing all unauthorized or otherwise
improper disclosures of protected health information or security incident to
the County within two days of the Agency knowledge of such event.
6. 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 County, agrees to the same
restrictions and conditions that apply through this Contract to the Agency
with respect to such information.
7. The Agency agrees to make available protected health information in
accordance with 45 CFR § 164.524.
City of Federal Way Page 42 of 47 2011 Contract
8. The Agency agrees to make available protected heaith information for
amendment and incorporate any amendments to protected health
information in accordance with 45 CFR § 164.526.
9. The Agency agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use
and disclosure of protected health information received from, or created or
received by the Agency on behalf of King County, available to the Secretary,
in a reasonable time and manner for purposes of the Secretary determining
King County's compliance with HIPAA, HITECH or this Contract.
10. The Agency agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an
individual make a request to the County for an accounting of disclosures of
his or her protected health information pursuant to 45 CFR § 164.528,
Agency agrees to promptly provide an accounting, as specified under 42
U.S.C. § 17935(c)(1) and 45 CFR §164.528, of disclosures of protected
health information that have been made by the Agency acting on behalf of
the County: The accounting shall be provided by the Agency to the County
or to the individual, as directed by the County.
B. Permitted Uses and Disclosures by Business Associate
The Agency may use or disclose protected heaith information to perform
functions, activities, or services for, or on behalf of, King County as specified in
this Contract, provided that such use or disclosure would not violate HIPAA if
done by King County or the minimum necessary policies and procedures of King
County.
C. Effect of Termination
Except as provided in paragraph C:2. of this Section, upon termination of
this Contract, for any reason, the Agency shall return or destroy all protected
health information received from the County, or created or received by the
Agency on behalf of the County. This provision shall appiy to protected
health information that is in the possession of subcontractors or agents of
the Agency. The Agency shali 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 King
County 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.
City of Federal Way Page 43 of 47 2011 Contract
D. Reimbursement for Costs Incurred Due to Breach
Agency sfiall reimburse the County, without limitation, for all costs of
investigation, dispute resolution, notification of individuals, the media, and the
government, and expenses incurred in responding to any audits or other
investigation relating to or arising out of a breach of unsecured protected health
information by the Agency.
XLIII. PROMISSORY NOTE. DEED OF TRUST AND COVENANT
The Agency agrees that funding provided under this Contract for the acquisition,
construction, improvement and/or rehabilitation of reai property (Premises) owned by
the Agency is a loan from the County to the Agency. The Agency agrees to promptly
execute a promissory note, deed of trust and covenant (if applicable), in a format
approved by the County, if required in a Project/Program Exhibit. The Agency agrees
that for real property, which is leased by the Agency and assisted under this Contract,
the Agency shall obtain a covenant from the owner of the real property in a form
approved by the County, if required in a Project/Program Exhibit.
XLIV. ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL
PROJECTS
The Agency shall at all times comply with all applicable federal, state, and local laws,
statutes, rules and regulations relating to relocation of those persons and households
residing at the Premises prior to occupancy by tenants. The Agency shall be solely
responsible for the cost of all relocation benefits required by law.
Capital Projects using federal funds shall also comply with the following subsection.
A Local Funds Only --- Local Relocation Guidelines
Projects that inciude or will include only local county funds (HOF-CX,
Veterans and Human Services Levy, RAHP, HB 2331, Mental Health, or
HIPDD Developmental Disabilities Funds) for the acquisition, demolition,
and or rehabilitation of property that has existing residential tenants that may
be displaced must follow the following local relocation guidelines.
2. Projects that voluntarily contract with the King County Housing Finance
Program for housing project funding will be required to provide relocation
benefits to all displaced households.
3. Federal Acquisition and Relocation Requirements:
Implementation of any project provided for in this Contract will be
undertaken so as to minimize involuntary displacement of persons,
businesses, not-for-profit organizations, or farms to the greatest extent
feasible.
The Agency shali comply with the following:
City of Federal Way Page 44 of 47 2011 Contract
a. Any acquisition of real property by the agency for any activity assisted
under this Contract shall comply with the Uniform Relocation Act and
49 CFR Part 24;
b. Any displacement of persons, businesses, not-for-profit organizations,
or farms occurring as the result of acquisition of real property assisted
under this Contract shall comply with the Uniform Relocation Act, at 24
CFR Part 42 and 49 CFR Part 24 as amended, and the County's
Residential Anti-displacement and Relocation Assistance Plan required
by federal regulations at 24 CFR § 570.606 (c), and adopted by the
County Council as part of the HCD Plan. The Agency shall comply with
the Regulations pertaining to costs of relocation and written policies, as
specified by the King County Residential Anti-displacement and
Relocation Assistance Plan; and
c. When any lower-income dwelling units are demolished or converted to
a use other than a lower-income dwelling unit, in connection with an
activity assisted under this Contract with federal funds, the units must
be replaced on a one-for-one basis. Lower-income dwelling units are
defined as a dwelling unit with a market rent (including utility costs) that
does not exceed the applicable Fair Market Rent for existing housing
as established by HUD and published annually, pursuant to 24 CFR
Part 888. The Agency must comply with the one-for-one replacement
of housing requirements of Section 104(d) of the HCD Act, as
amended. The implementing regulations are found at 24 CFR Part 42,
and for CDBG funds at 24 CFR § 570.606.
XLV. MISCELLANEOUS PROVISIONS
A. Severability
If any term or provision of ihis Contract or an application of any term or provision
to any person or circumstance is invalid or unenforceable, the other terms or
provisions of this Contract, or the application of the term or provision to persons
or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
B. Cumulative Remedies
No provision of this Contract precludes the County from pursuing any other
remedies for the Agency's failure to perform its obligations.
C. No Third Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance with the
terms of this Contract, there are no third party beneficiaries to this Contract, and
this Contract shall not impart any rights enforceable by any person or entity that
is not a party thereto.
City of Federai Way Page 45 of 47 2011 Contract
XLVI. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH
A. If the Agency maintains computerized or other forms of data that includes
personal information owned by the County, the Agency shall notify the County 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).
B. The Agency shail provide all information requested by the County including the
following in accordance with RCW 42.56.590, KCC 2.14.030, the King County
Information Privacy Policy and any other applicable federal, state and local
statute:
Circumstances associated with the breach;
Actions taken by the Agency to respond to the breach ; and
3. Steps the Agency shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
C. The County may at its sole discretion, require the Agency to contact the
appropriate law enforcement agency and to provide the County a copy of the
report of the investigation conducted by the law enforcement agency. The
Agency shall also provide the County with any information it has regarding the
security breach.
D. The Agency shall conspicuously display King County's Privacy Notice and
provide a printed copy upon request.
E. 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 must be in accordance with
RCW 42.56.590 (7).
F. If the Agency demonstrates that the cost of providing notice would exceed
250 000, or that the potentialiy 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).
E-mail notice when the Agency has an e-mail address for the subject
persons;
2. Conspicuous posting of the notice on the Agency's web site page, if the
Agency maintains one; and
3. Notification to major County-wide media.
City of Federal Way Page 46 of 47 2011 Contract
G. For purpose of this section, "personal information" means the same as defined in
RCW 42.56.590:
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
2. Account number or credit or debit card number, in combination with any
required security code; access code, or password that would permit access
to an individual's financial account.
City of Federal Way Page 47 of 47 2011 Contract
� ,
«�
�Ot �l 1 1 � , �
Insur�nce Authority
, P.O. t3o:� 8�03t�
Tulc�<<il�a, t���l 981:�8
21-Jun-11
Cert#: 7363
P120tIe: 2OC�-� 7 S-6(74Ci
King Coul�ty Housing and Community Development
Attn: Kathy Tremper, Cammunity Development Coordinator � '�
401 I� ifth Avenue, Suite 510
Seattle, WA 98104
RE: City of Federal Way
2011 CDBG Joint Agreement City Contracts
Evidence of Coverage
The above captior�ed entity� is a member of tti� Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 130 municipal corporations in the State of
Washington.
�VCIA has at least $1 million per occurreiice cambined si�ngle limit of lia6ility coverag�
in its self insured layex that may be applicable in tlze event an incid�nt occurs tliat is
deenied to be attributed to the negligence of the member.
VJCIA is an I�nterlocal Agreement an�ong municipalities and liability is completely sel�
fiinded by the membership, As thcre is no insurance policy invol�jed and WCIA is not
an insurance company, your organizati�n cannot be named as an "additionat insured".
Sincerely,
�
Eric B. Larson
Deputy Director
cc: Bryant Enge
���n�r
City of Federal Way
Page 1 of 1
2011 Contract - Exh I
I. WORK STATEMENT
The Agency known as the City of Federal Way (hereinafter referred to as "the City") shall
utilize M(ing County Community Development Block Grant (CDBG) funds to perform the
activities specified below. The Catalog of Federal Domestic Assistance (CFDA) number for
the CDBG Program is 14.218. Such activities shall be provided in a manner fully compliant
with all applicable federal, state and local laws, statutes, rules and regulations, as are now in
effect or hereafter may be amended. The City shall be compensated for the provision of such
services in an amount not to exceed 65 185 in CDBG funds during the contract period
January 1, 2011 through December 31, 2011.
II. PROGRAM DESCRIPTION
The City shall undertake, or assist in undertaking, activities which further the development of
viable urban communities, including the provision of decent housing and a suitable living
environment and expanding economic opportunities, principally for persons of low-and-
moderate income, through community renewal and lower income housing assistance activities,
funded from 2011 CDBG funds, from recaptured funds and from any program income
generated from the expenditure of such funds.
A. Definitions
"New stand-alone capital project" means a project that requires the
establishment of a new Housing and Urban Development (HUD) Integrated
Disbursement and Information System (IDIS) activity number, as opposed to an
existing project where supplemental funding is being added.
2. "Stand-alone public service projecY' means a project that has not been funded
by the sub-regional process utilized by those non-entitlement consortium cities
signing the King County Consortium Interlocal Cooperation Agreement for the
CDBG Program in the applicable program year. A city's stand-alone public
service project may include more than one subcontract as long as only-one
HUD IDIS activity number is required and the City submits all information,
reports and invoices to the County as one project.
B. Program Requirements
The City shall use CDBG funds to plan and administer the City's CDBG projects in
accordance with the CDBG Consortium Joint Agreement. The City agrees to perform
the following:
The City shall cooperate in the development of the Consolidated Housing and
Community Development Plan and related plans.
City of Federal Way Page 1 of 7 2011 Contract - Exhibit II
EXHIBIT II
CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION
2. The City shall bear all responsibility for local annual program planning, using
financial projections that shall be provided by the County. The City shall ensure
that:
a. All selected projects are an eligible activity, meet a national objective,
and are consistent with the Consolidated Plan and all applicable Joint
Recommendations Committee (JRC) policies;
b. Project applications shall be accompanied by records required to
document compliance with CDBG Program Regulations, and
Consolidated Plan policies applicable to each project. Such records
include, but are not limited to, those required by 24 Code of Federal
Register Part 570.208 to document the national objective for each
project. These records shall be submitted to the County by September
23, 2011, along with a completed Summary Sheet identifying estimated
funding amounts for awarded project activities;
c. The public participation requirements are met and documented and
certification of such shall be provided to the County;
d. All requested information by the County shall be submitted in a timely
manner that allows the County enough time to meet HUD timelines;
e. Changes to the local program that require the County to amend budget
amounts and/or submit an amendment to the Annual Action Plan after it
has been submitted to HUD shall only be accepted November through
June. Budget amendments received by the fifth day of the month shall
be effective on the first day of the next month; and
The City shall ensure the County receipt of all required security
documents related to funded capital project activities (this includes non-
profit agencies which have been awarded funds) prior to the execution
of a contract between the awarded Agency and the County in order to
incorporate said documents into the contractual agreement.
3. City staff shall implement CDBG-funded human service projects within the
program year and submit both vouchers and required reports to the County in a
complete and timely manner. Prior to the first and last payment on capital
projects, exclusive of Housing Repair, acquisition and Community Based
Development Organization projects, pre-approval must be received from
County staff that federal labor requirements have been met.
4. City legislative bodies shall approve or disapprove via motion or resolution all
CDBG activities, locations, and allocations submitted by Joint Agreement City
staff.
City of Federal Way Page 2 of 7 2011 Contract - Exhibit II
5. The City shall monitor performance under any subcontract. Monitoring shall be
completed once every two years at a minimum, and shall include reviewing
Implementing Agency records to ensure compliance with the subcontract
provisions required under Section XXXVII., SERVICES PROVIDED IN
ACCORDANCE WITH LAW AND RULE AND REGULATION, of the Contract,
and the record-keeping provisions required under Section IV.A of each Service
Project Exhibit. The City shall submit a copy of each monitoring report to the
County with its Final Voucher Request of the year monitoring occurs.
6. Conflict of Interest
a. Interest of Officers, Employees, or Agents - No officer, consultant,
elected or appointed official, employee, or agent of the City who
exercises any functions or responsibilities in connection with the
planning and carrying out of the Block Grant Program, 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
or benefit from a CDBG assisted activity, or have a financial interest in
any contract, subcontract, or agreement with respect to CDBG assisted
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for one year thereafter.
b. Interest of Subcontractor and Their Employees - The City agrees that it
shall incorporate into every subcontract required to be in writing and
made pursuant to this Exhibit the following provisions:
The Contractor covenants that no person who presently exercises any
functions or responsibilities in connection with the Block Grant Program,
has any personal financial interest, direct or indirect, in this Contract.
The Contractor 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 Contractor further covenants that in the perFormance of this
Contract no person havin.g any conflicting interest shall be employed.
Any interest on the part of the Contractor or its employees must be
disclosed to the Agency, City and the County.
Copyright
If this Contract results in an.y copyrightable material, King County reserves the
right to royalty-free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
8. Public information
In all news releases and other public notices related to projects funded under
this Agreement, the City and any subcontracted Agency shall include
information identifying the source of funds as the King County CDBG Program.
City of Federal Way Page 3 of 7 2011 Contract - Exhibit II
�. Separation of Funds
The City may not use year 2011 funds identified in the Project Budget above to
pay for any costs incurred prior to January 1, 2011, or the date on which the
County's Environmentai Record is complete, whichever date is later.
10. Subcontracted Services
a. In addition to the requirements of Section XXIV., SUBCONTRACTS
AND PURCHASES, of the Contract, the City shall execute written
agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into
such subcontracts the following applicable provisions of this Exhibit:
Section II.E., Program Requirements.
b. The City shall invoice the County for due and payable invoices of the
Implementing Agency or for costs paid by the City for goods, materials
or services already provided. The City shall invoice the County after the
Implementing Agency has invoiced the City. The City shall include a
copy of the Implementing Agency's invoice with its invoice submitted to
the County. The City shall ensure that all costs for which the
Implementing Agency requests reimbursement are allowable in
accordance with the Office of Management and Budget (OMB) Circular
A-122 or OMB Circular A-87, as applicable.
c. The City shall implement the project within the program year and submit
both vouchers and required reports to the County in a complete and
timely manner but no later than January 15, 2012.
Iil. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Requirements
The City shall submit an invoice for 1S and 2� Quarter within 20 business days
after the Contract has been fully executed, and within 20 days after the end of
the third quarter.
2. The City shall submit to the County its final invoice in accordance with Section
IV., COMPENSATION AND METHOD OF PAYMENT, of the Contract on a
CDBG Program Voucher Reimbursement Request Form provided by the
County. Such forms shall be signed by an authorized representative of the
City.
3. The quarterly voucher invoice shall be accompanied by all reports required by
Section IV., REPORTING REQUIREMENTS, of this Exhibit, which fall due
during the billing period.
B. Method of Payment
The City shall be paid 16 296 for the first, second and third quarters, and 16 297 for
the fourth quarter of the total contract compensation, subject to the terms in Section
IV., COMPENSATION AND METHOD OF PAYMENT, of the Contract, and the
following terms and conditions.
City of Federal Way Page 4 of 7 2011 Contract - Exhibit II
1. The City shall submit a Billing Invoice Package that consists of an invoice
statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS, of this Exhibit in a format approved by the
County.
2. All required reports must accompany the invoice statement in order to receive
payment.
3. An Accrual Letter must be received by January 6, 2012, stating the anticipated
amount of the final invoice.
4. Final voucher reimbursement request shall be submitted by January 15, 2012,
with all required supporting documentation and reports.
C. The City shall apply the following County funds to the project in accordance with the
Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit
shall not exceed 65 185.
1. CDBG Funds
King County CDBG—Joint Agreement City Funds, $65,185
CDFA 14.218
Total CDBG Funds $65,185
2. Line Item Budget
Personnel Services detail below $11,11
Office or O eratin Su lies $ 20
Consultant or Purchased Services $45,00
Construction Contracts $
Communications $
Travei and Trainin $ 7,00
Other $ 1,87
Total CDBG Funds $65,18
3. Personnel Detail
Position Title Position Fuil Time Annual Salary CDBG Funds
E uivalent and Benefits
CDBG Coordinator .11 $76,857 $8,106
Council Executive .04 $84,176 $3,004
Assistance
City of Federal Way Page 5 of 7 2011 Contract - Exhibit II
r.
IV. REPORTING REQUIREMENTS
A. Records
In addition to the records required by Section VI1., MAINTENANCE OF RECORDS, of
the Contract, the City shall maintain files containing the following items for this project:
1. Motions, resolutions, and minutes documenting City Council actions relating to
the City's CDBG Pass-through funds;
2. Correspondence regarding budget revision requests;
3. Copies of all invoices and reports submitted to the County;
4. Bilis for payment;
5. Copies of approved invoices and warrants;
6. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
7. Documentation required by this Contract if any funds provided under this
Exhibit are used to acquire equipment;
8. Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with OMB Circular A-87. Such records
shall include, but are not limited to:
a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs, time sheets signed by a supervisor and, if less than full time,
annotated to document percent of time charged against this project;
b. Staff travel, documentation of mileage charges for private auto; and
c. 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.
B. Reports
The City shall complete and submit the following reports:
A completed Program Accomplishment Form for each quarter in a format
provided by the County.
City of Federal Way Page 6 of 7 2011 Contract - Exhibit II
Program requirement reports as follows:
Quarter
Milestones
1 Quarter: January—March 2011 Project Completion Form for Consolidated
Annual Performance and Evaluation Report
(CAPER)
2" Quarter: April-June Meet with County to review Interlocal
Cooperation Agreement for 2012-2014
3� Quarter: July—September Meet with County to review 2nd quarter reports
Provide County with 2012 CDBG allocations,
(due by September 23, 2011) supporting documents and Forms requested for
2012 Action Plan
4"' Quarter: October—December Meet with County to review 3rd quarter reports
1 Quarter 2012
1. (due by January 6, 2012) 1. Letter of Accrual for 2011 Administrative and
Public Service expenditures
2. (due by January 15, 2012) 2. Deadline for final voucher, reports and
Project Monitoring Report(s)
City of Federal Way Page 7 of 7 2011 Contract - Exhibit II
�
EXHIBIT III
CITY OF FEDERAL WAY
FEDERAL WAY EMERGENCY SERVICES (HSS1)
The City shall provide supportive services in accordance with the terms and conditions
described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not
exceed 17 755 in King County Community Development Block Grant (CDBG) funds for the
period January 1, 2011 through December 31, 2011. The Catalog of Federal Domestic
Assistance (CFDA) number for the CDBG Program is 14.218.
II. PROGRAM DESCRIPTION
A. Outcome
:,
C
These activities address the following objective and outcome in the Community Planning
and Development Outcome Performance Measurement System: Suitable Living
Environment - Accessibility for the purpose of creating suitable living environments.
Indicators
The number of unduplicated persons receiving food to address special dietary needs of
aduits, infants and children that is nutritionally balanced and culturally sensitive food in
emergency hunger situations and baby diapers.
Eligibility
1. Eligibie clients who access emergency food at the Multi-Service Center (MSC)
food bank.
2. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on #he applicable Family Size in the following
2011 United States Housing and Urban Development (HUD) Income Guidelines
Table. Clients shall self certify in writing that their family income does not exceed
the applicable limit.
2011 HUD INCOME GUIDELINES
Median Family Income =$86,800 - Effect Ju 1, 2011
30% MEDIAN 50% MEDIAN 80% MEDIAN
FAMILY VERY LOW- MODERATE-
SIZE LOW-INCOME INCOME INCOME
1
2
3
4
5
6
7
8
City of Federal Way
$18,250
$20, 850
$23,450
$26,050
$28,150
$30,250
$32,350
$34,400
Page 1 of 6
$30,400
$34,750
$39,100
$43,400
$46, 900
$50,350
$53,850
$57,300
$44,950
$51,400
$57,800
$64,200
$69, 350
$74,500
$?9,650
$84, 750
2011 Contract — Exh I I I
I. WORK STATEMENT
3. 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. The definition of income includes all sources of income
required to be reported on Internal Revenue Service Form 1040.
4. Income guidelines may be adjusted periodically by HUD. The City agrees to use
updated income guidelines that shall be provided by the County. The County
shall provide the updated guidelines to the City electronically or by hard copy.
5. Services provided with funding under this Exhibit may be limited to residents of
Federal Way.
D. Definitions
"Dental Visits" is the number of dental visits provided to individuals living in
Federal Way.
2. "Pounds of diapers/food provided" is the pounds of baby diapers, formula, baby
food, liquid meal supplements, low-sodium food and/or low sugar food purchased
per quarter for distribution to Federal Way residents.
E. Program Requirements
The City shall use CDBG funds to provide dental visits to Federal Way clients
through a sub-contract with HealthPoint Dental and MSC Emergency Feeding
Program.
a. The City agrees to serve, at minimum, the following unduplicated number
of persons with funds provided under this Exhibit:
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan—Mar A r—Jun Jul—Se Oct—Dec Year 2011
Number of � 7 � 6 27
undu licated persons
b. The City agrees to provide, at minimum, the following units of service:
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan—Mar A r—Jun Jul—Se Oct—Dec Year 2011
Dental Visits to Federal 20 20 20 20 80
Wa clients
2. The City shall use CDBG funds to provide nutritionally balanced and culturally
sensitive food to Federal Way residents through a sub-contract with the Multi-
Service Center.
a. The City agrees to serve, at minimum, the foliowing unduplicated number
of persons with funds provided under this Exhibit:
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan—Mar A r—Jun Jul—Se Oct—Dec Year 2011
Number of unduplicated �6 76 76 78 306
ersons
City of Federai Way Page 3 of 6 2011 Contract — Exh III
b. The City agrees to provide, at minimum, the following units of service:
K3
The Contractor covenants that no person who presently exercises any
functions or responsibilities in connection with the Block Grant Program
has any personal financial interest, direct or indirect, in this Contract. The
Contractor 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 Contractor
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 Contractor or its empioyees must be disclosed to the Agency and
the County.
0
Pounds of diapers/food
arovided
1 st Qtr 2nd Qtr 3rd Qtr
Jan-Mar Apr-Jun Jul-SeK
�.. .. ..
4th Qtr Total in
Oct—Dec Year 2011
300 I 1,197
The funds provided under this Exhibit shall be used to pay for a portion of the
costs associated with the provision of these units of service.
Confiict of Interest
a. Interest of Officers, Employees, or Agents: No officer, consultant, elected
or appointed official, employee, or agent of the City or Agency who
exercises any functions or responsibilities in connection with the planning
and carrying out of the Block Grant Program, 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 or benefit from a
CDBG assisted activity, or have a financial interest in any contract,
subcontract, or agreement with respect to CDBG assisted activity, either
for themselves or those with whom they have business or immediate
family ties, during their tenure or for one year thereafter.
b. Interest of Subcontractor and Their Employees: The City agrees that it
shall incorporate into every subcontract required to be in writing and
made pursuant to this Agreement the following provisions:
Copyright
If this Exhibit results in any copyrightable material, King County reserves the right
to royalty-free, nonexclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use, the work for governmental
purposes.
5. Public Information
In all news releases and other public notices related to projects funded under this
Agreement, the City shall include information identifying the source of funds as
the King County CDBG Program.
City of Federai Way Page 3 of 6 2011 Contract — Exh III
�.
6. Subcontracted Services
a. In addition to the requirements of Section XXIV., SUBCONTRACTS AND
PURCHASES, of the Contract, the City shall execute written agreements
with each agency with which it subcontracts to provide services
(hereinafter "Implementing Agency") and shall incorporate into such
subcontracts the applicable provisions of this Exhibit.
b. The City shall invoice the County for due and payable invoices of the
Implementing Agency or for costs paid by the City for goods, materials or
services already provided. The City shall invoice the County after the
Implementing Agency has invoiced the City. The City shall include a
� copy of the Implementing Agency's invoice with its invoice submitted to
the County. The City shall ensure that all costs for which the
Implementing Agency requests reimbursement are allowable in
accordance with the Office of Management and Budget (OMB) Circular A-
122 or OMB Circular A-87, as applicable.
7. Special conditions - Separation of Funds
The Agency may not use y�ar 2011 funds identified in the Project Budget above
to pay for any costs incurred prior to January 1, 2011, or the date on which the
County's Environmental Record is complete, whichever date is later.
F. Records
The City shall maintain files for this Exhibit containing the following items:
1. Notice of Grant Award;
2. Motions, resolutions, or minutes documenting Board or Council actions;
3. A copy of this Exhibit and the County's notice to proceed on this Exhibit;
4. Correspondence regarding budget revision requests;
5. Copies of all invoices and reports submitted to the County for this Exhibit;
6. Bilis for payment;
7. Copies of approved invoices and warrants;
8. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
9. Documentation required by this Contract if any funds provided under this Exhibit
are used to acquire equipment;
10. Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with OMB Circular A-87. Such records
include, but are not limited to:
a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs; time sheets shall be signed by a supervisor and, if less than full
time, annotated to document percent of time charged against this Exhibit;
City of Federal Way Page 4 of 6 2011 Contract — Exh I II
b. Staff travel, documentation of mileage charges for private auto; and
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.
G. Reports
The City shall collect and report client information to the County quarteriy and
annually on a Program Accomplishment Form provided by the County.
2. The City shall submit with the final invoice a Completed Project Funding Report
Form provided by the County, itemizing all funding used for the Exhibit.
III. COMPENSATION AND METHOD OF PAYMENT
A. The City shall apply the following CDBG funds in accordance with the Line Item Budget
below. The total amount of reimbursement pursuant to this program Exhibit shali not
exceed 17 755.
CDBG Funds
King County CDBG — Federal Way Pass- $17,755
throu h Funds CFDA 14.218
Total CDBG Funds: $17,755
2. Line Item Budget
B. Billing Invoice Package
The City shall submit a Billing Invoice Package that consists of an invoice
statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS, of this Exhibit in a format approved by the
County.
2. All required reports must accompany the invoice statement in order to receive
payment.
3. The City shall submit an invoice for 1 and 2� Quarter within 20 business days
after the Contract has been fully executed, and within 20 days after the end of
the third quarter.
4. An Accrual Letter must be received by January 6, 2012, stating the anticipated
amount of the final invoice. _
5. Final voucher reimbursement request shall be submitted by January 15, 2012,
with all required supporting documentation and reports.
City of Federal Way Page 5 of 6 2011 Contract — Exh III
:
C. Method of Payment
1. The County shall reimburse the City on a quarterly basis for actual expenditures
in accordance with the Line Item Budget in Section III. A.
2. Payment to the City may be withheld for any quarter in which the City has not
submitted the reports specified in Section IV., REPORTING REQUIREMENTS,
of this Exhibit, or in which said reports are incomplete.
IV. REPORTING REQUIREMENTS
The City shall submit electronically the following data reports in a format and to an address
provided by the County and hard copy with each invoice.
A. The City shall submit with each invoice a completed Program Accomplishment Form, in
a format provided by the County. .
B. The City shall use the following methods to measure the indicator specified in Section II.
B. of this Exhibit: Number of unduplicated persons.
C. The City shall submit with the final invoice a completed Project Funding Report form
itemizing all funding used for the project, in a format provided by the County.
City of Federal Way Page 6 of 6 2011 Contract — Exh III
i
0
.
EXHIBIT IV
CITY OF FEDERAL WAY
FEDERAL WAY SPECIAL NEEDS (HSS2)
The City shall provide supportive services in accordance with the terms and conditions
described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not
exceed 31 755 in King County Community Development Block Grant (CDBG) funds for the
period January 1, 2011 through December 31, 2011. The Catalog of Federal Domestic
Assistance (CFDA) number for the CDBG Program is 14.218.
II. PROGRAM DESCRIPTION
A. Outcome
L''
C
These activities address the following objective and outcome in the Community
Planning and Development Outcome Performance Measurement System: Suitable
Living Environment - Accessibility for the purpose of creating suitable living
environments and affordability for purpose of creating suitable living environments.
Indicators
1. The number of unduplicated seniors who receive day care.
2. The number of job assessment and training services provided.
Eligibility
1. Eligible clients shall be elderly or severely disabled adults; or
2. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2011 United States Housing and Urban Development (HUD) Income Guidelines
Table. Clients shall self certify in writing that their family income does not
exceed the applicable limit.
2011 HUD INCOME GUIDELINES
Median Family Income = $86, 800
Effective June 1, 2011
30% MEDIAN 50% MEDIAN
VERY LOW-
LOW-INCOME INCOME
FAM I LY
S IZE
1
2
3
4
5
6
7
8
City of Federal Way
$18,250
$20,850
$23,450
$26,050
$28,150
$30,250
$32,350
$34,400
$30,400
$34,750
$39,100
$43,400
$46, 900
$50,350
$53,850
$57,300
Page 1 of 6
80% MEDIAN
MODERATE-
INCOME
$44,950
$51,400
$57,800
$64,200
$69, 350
$74, 500
$79,650
$84,750
2011 Contract — Exh IV
I. WORK STATEMENT
j.
3. 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. The definition of income includes all sources of income
required to be reported on Internal Revenue Service Form 1040.
4. Income guidelines may be adjusted periodically by HUD. The City agrees to
use updated income guidelines that shall be provided by the County. The
County shali provide the updated guidelines to the City electronically or by hard
copy.
5. Services provided with funding under this Exhibit may be limited to residents of
Federal Way.
D. Definitions
"Client day" means one day spent in a program receiving services (example:
one day x 17 participants = 17 days).
2. "Days of care" means total number of days of care provided to the unduplicated
persons assisted.
3. "Employment Intake and AssessmenY' is a face-to-face meeting with a Federal
Way resident where an intake is completed and other employment related
service is provided such as employment resource identification, information and
referral, and orientation to rehabilitation services.
E. Program Requirements
The City shall use CDBG funds to provide adult daycare for low-income senior
citizens experiencing dementia/Aizheimer disease and other limitations through
a contract with the Federal Way Senior Center.
a. The City agrees to serve, at minimum, the following unduplicated
number of persons with funds provided under this Exhibit:
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan-Mar A r-Jun Jul-Se Oct-Dec Year 2011
Number of unduplicated 2 3 3 3 11
ersons
b. The City agrees to provide, at minimum, the following units of service:
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan-Mar A r-Jun Jul-Se Oct-Dec Year 2011
Da s of Care 329 329 329 332 1,319
The funds provided under this Exhibit shall be used to pay for a portion of the
costs associated with the provision of these units of service.
2. The City shall use CDBG funds to provide education, skills training, career
exploration, employment and job placement assistance/post placement follow-
up to Federal Way residents with disabilities and significant barriers to
employment through a contract with Orion.
a. The City agrees to serve, at minimum, the following unduplicated
number of persons with funds provided under this Exhibit:
City of Federal Way Page 2 of 6 2011 Contract — Exh IV
a. The City agrees to serve, at minimum, the following unduplicated
number of persons with funds provided under this Exhibit:
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan—Mar Apr—Jun Jul—Sep Oct—Dec Year 2011
Number of unduplicated � 1 1 2 5
persons
b. The City agrees to provide, at minimum, the following units of service:
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan—Mar Apr—Jun Jui—Sep Oct—Dec Year 2011
Employment Intake & � 1 1 2 5
Assessment
The funds provided under this Exhibit shall be used to pay for a portion of the
costs associated with the provision of these units of service.
3. Conflict of Interest
a. Interest of Officers, Employees, or Agents: No officer, consultant,
elected or appointed official, employee, or agent of the City or Agency
who exercises any functions or responsibilities in connection with the
planning and carrying out of the Block Grant Program, 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
or benefit from a CDBG assisted activity, or have a financial interest in
any contract, subcontract, or agreement with respect to CDBG assisted
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for one year thereafter.
b. Interest of Subcontractor and Their Employees: The City agrees that it
shall incorporate into every subcontract required to be in writing and
made pursuant to this Agreement the following provisions:
The contractor covenants that no person who presently exercises any
functions or responsibilities in connection with the Block Grant Program
has any personal financial interest, direct or indirect, in this Contract.
The Contractor 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 Contractor 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 Contractor or its employees must be
disclosed to the Agency and the County.
4. Copyright
If this Exhibits results in any copyrightable material, King County reserves the
right to royalty-free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
City of Federal Way Page 3 of 6 2011 Contract — Exh IV
5. Pubiic Information
In all news releases and other public notices related to projects funded under
this Agreement, the City shall include information identifying the source of funds
as the King County CDBG Program.
Subcontracted Services
a. In addition to the requirements of Section XXIV., SUBCONTRACTS
AND PURCHASES, of the Contract, the City shall execute written
agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into
such subcontracts the applicable provisions of this Exhibit.
The City shall invoice the County for due and payable invoices of the
Implementing Agency or for costs paid by the City for goods, materials
or services already provided. The City shall invoice the County after the
Implementing Agency has invoiced the City. The City shall include a
copy of the Implementing Agency's invoice with its invoice submitted to
the County. The City shall ensure that all costs for which the
Implementing Agency requests reimbursement are allowable in
accordance with the Office of Management and Budget (OMB) Circular
A-122 or OMB Circular A-87, as applicable.
Special conditions - Separation of Funds
The Agency may not use year 2011 funds identified in the Project Budget
above to pay for any costs incurred prior to January 1, 2011, or the date on
which the County's Environmental Record is complete, whichever date is later.
F. Records
The City shall maintain files for this Exhibit containing the following items:
1. Notice of Grant Award;
2. Motions, resolutions, or minutes documenting Board or Council actions;
3. A copy of this Exhibit and the County's notice to proceed on this Exhibit;
4. Correspondence regarding budget revision requests;
Copies of all invoices and reports submitted to the County for this Exhibit;
6. Bills for payment;
7. Copies of approved invoices and warrants;
8. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
9. Documentation required by this Contract if any funds provided under this
Exhibit are used to acquire equipment;
10. Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with OMB Circular A-87. Such records
include, but are not limited to:
City of Federal Way Page 4 of 6 2011 Contract — Exh IV
a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs; time sheets shall be signed by a supervisor and, if less than full
time, annotated to document percent of time charged against this
Exhibit;
Staff travel, documentation of mileage charges for private auto; and
c. 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.
G. Reports
The City shall collect and report client information to the County quarterly and
annually on a Program Accomplishment Form provided by the County.
The City shall submit with the final invoice a Completed Project Funding Report
Form provided by the County, itemizing all funding used for the Exhibit.
III. COMPENSATION AND METHOD OF PAYMENT
A. The City shall apply the following CDBG funds in accordance with the Line Item Budget
below. The total amount of reimbursement pursuant to this program Exhibit shall not
exceed $31,755.
CDBG Funds
King County CDBG — Federal Way Pass- $31,755
through Funds (CFDA 14.218)
Total CDBG Funds: $31,755
2. Line Item Budget
Personnel $ 0
Office/Operating Supplies $ 0
Consultant or Purchased Services $31,755
Communications $ �
Travel and Trainin $ �
Other: $ �
Total CDBG Funds: $31,755
B. Billing Invoice Package
The City shall submit a Billing Invoice Package that consists of an invoice
statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS, of this Exhibit in a format approved by the
County.
2. All required reports must accompany the invoice statement in order ta receive
payment.
3. The City shall submit an invoice for 1 and 2� Quarter within 20 business days
after the Contract has been fully executed, and within 20 days after the end of
the third quarter.
4. An Accrual Letter must be received by January 6, 2012, stating the anticipated
amount of the final invoice.
City of Federal Way Page 5 of 6 2011 Contract — Exh IV
5. Final voucher reimbursement request shall be submitted by January 15, 2012,
with all required supporting documentation and reports.
C. Method of Payment
The County shall reimburse the City on a quarterly basis for actual expenditures
in accordance with the Line Item Budget in Section III.A.
2. Payment to the City may be withheld for any quarter in which the City has not
submitted the reports specified in Section IV., REPORTING REQUIREMENTS,
of this Exhibit, or in which said reports are incomplete.
IV. REPORTING REQUIREMENTS
The City shall submit electronicaliy the foilowing data reports in a format and to an address
provided by the County and hard copy with each invoice.
r°,. The City shall submit with each invoice a completed Program Accomplishment Form, in
a format provided by the County.
B. The City shall use the following methods to measure the indicator specified in Section
II. B. of this Exhibit: Number of unduplicated persons.
C. The City shali submit with the final invoice a completed Project Funding Report form
itemizing all funding used for the project, in a format provided by the County.
City of Federal Way Page 6 of 6 2011 Contract — Exh IV
♦
♦
f�
WORK STATEMENT
The City shall provide supportive services in accordance with the terms and conditions
described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not
exceed 15 675 in King County Community Development Block Grant (CDBG) funds for the
period January 1, 2011 through December 31, 2011. The Catalog of Federai Domestic
Assistance (CFDA) number for the CDBG Program is 14.218.
PROGRAM DESCRIPTION
A. Outcome
These activities address the following objective and outcome in the Community
Planning and Development Outcome Performance Measurement System: Suitable
Living Environment - Accessibility for the purpose of creating suitable living
environments and affordability for purpose of creating suitable living environments.
B. indicators
The number of unduplicated youth who receive one to one case mentoring over the
course of a year.
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Eligibility
1. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2011 United States Housing and Urban Development (HUD) Income Guidelines
Table. Clients shall self certify in writing that their family income does not
exceed the applicable limit.
FAMILY
SIZE
2
3
4
5
6
7
8
City of Federal Way
2011 HUD INCOME GUIDELINES
Median Family Income = $86, 800
E June 1, 2011
30% MEDIAN 50% MEDIAN
VERY LOW- LOW INCOME
INCOME
$18,250
$20,850
$23,450
$26,050
$28,150
$30,250
$32,350
$34,400
$30,400
$34,750
$39,100
$43,400
$46,900
$50,350
$53,850
$57, 300
Page 1 of 6
80% MEDIAN
MODERATE INCOME
$44, 950
$51,400
$57,800
$64,200
$69, 350
$74, 500
$79,650
$84, 750
2011 Contract — Exh V
EXHIBIT V
CITY OF FEDERAL WAY
FEDERAL WAY LOW INCOME FAMILY WITH CHILDREN SERVICES (HSS3)
2. The definition of family shall include ali persons living in the same household
who are related by birth, marriage or adoption and. includes dependent children
living away from home. The definition of income includes all sources of income
required to be reported on Internal Revenue Service Form 1040.
3. Income guidelines may be adjusted periodically by HUD. The City agrees to
use updated income guidelines that shall be provided by the County. The
County shall provide the updated guidelines to the City electronically or by hard
copy.
4. Services provided with funding under this Exhibit may be limited to residents of
Federal Way.
D. Definitions
In-home counseling: Melping families identify their emotional, social, and behavioral
chalienges related to parenting, family relationships, managing day to day life and
children's behavior and developing and impfementing cognitive, behavioral and other
strategies and interventions to address these challenges.
E. Program Requirements
The City shall use CDBG funds to in-home counseling, skill building and
support services to high risk children and their families in Federal Way through
a contract with Institute for Family Development.
a. The City agrees to serve, at minimum, the following unduplicated
number of persons with funds provided under this Exhibit:
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan—Mar A r—Jun Jul—Se Oct—Dec Year 2011
Number of 3 8 5 5 21
unduplicated persons
b. The City agrees to provide, at minimum, the fo�lowing units of service:
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan-Mar A r-Jun Jul-Se Oct-Dec Year 2011
Client Service Hours 34 69 77 96 276
The funds provided under this Exhibit shall be used to pay for a portion of the
costs associated with the provision of these units of service.
2. Conflict of Interest
a. Interest of Officers, Employees, or Agents: No officer, consultant,
elected or appointed official, employee, or agent of the City or Agency
who exercises any functions or responsibilities in connection with the
pianning and carrying out of the Block Grant Program, 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
or benefit from a CDBG assisted activity, or have a financial interest in
City of Federal Way Page 2 of 6 2011 Contract — Exh V
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any contract, subcontract, or agreement with respect to CDBG assisted
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for one year thereafter.
b. Interest of Subcontractor and Their Employees: The City agrees that it
shall incorporate into every subcontract required to be in writing and
made pursuant to this Agreement the following provisions:
The Contractor covenants that no person who presently exercises any
functions or responsibilities in connection with the Block Grant Program
has any personal financial interest, direct or indirect, in this Contract.
The Contractor 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 Contractor 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 Contractor or its employees must be
disclosed to the Agency and the County.
Copyright
If this Contract results in any copyrightable material, King County reserves the
right to royalty-free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
4. Public Information
In all news releases and other public notices related to projects funded under
this Agreement, the City shall include information identifying the source of funds
as the King County CDBG Program.
5. Subcontracted Services
a. In addition to the requirements of Secfion XXIV., SUBCONTRACTS
AND PURCHASES, of the Contract, the City shall execute written
agreements with each agency with which it subcontracts to provide
services (hereinafter "Implementing Agency") and shall incorporate into
such subcontracts the applicable provisions of this Exhibit.
The City shall invoice the County for due and payabie invoices of the
Implementing Agency or for costs paid by the City for goods, materials
or services already provided. The City shall invoice the County after the
Implementing Agency has invoiced the City. The City shall include a
copy of the Implementing Agency's invoice with its invoice submitted to
the County. The City shall ensure that all costs for which the
Implementing Agency requests reimbursement are allowable in
accordance with the Office of Management and Budget (OMB) Circular
A-122 or OMB Circular A-87, as applicable.
6. Special conditions - Separation of Funds
The Agency may not use year 2011 funds identified in the Project Budget
above to pay for any costs incurred prior to January 1, 2011, or the date on
which the County's Environmental Record is complete, whichever date is later.
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F. Records
The City shall maintain files for this Exhibit containing the following items:
1. Notice of Grant Award;
2. Motions, resolutions, or minutes documenting Board or Council actions;
3. A copy of this Exhibit and the County's notice to proceed on this Exhibit;
4. Correspondence regarding budget revision requests;
5. Copies of all invoices and reports submitted to the County for this Exhibit;
6. Bills for payment;
7. Copies of approved invoices and warrants;
8. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
9. Documentation required by this Contract if any funds provided under this
Exhibit are used to acquire equipment;
10. Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with OMB Circular A-87. Such records
include, but are not limited to:
a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs; time sheets shall be signed by a supervisor and, if less than full
time, annotated to document percent of time charged against this
Exhibit;
b. Staff travel, documentation of mileage charges for private auto; and
c. 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.
G. Reports
1. The City shall collect and report client informatibn to the County quarterly and
annually on a Program Accomplishment Form provided by the County.
2. The City shall submit with the final invoice a Completed Project Funding Report
Form provided by the County, itemizing all funding used for the Exhibit.
III. COMPENSATION AND METHOD OF PAYMENT
A. The City shall apply the following CDBG funds in accordance with the Line Item Budget
below. The total amount of reimbursement pursuant to this program Exhibit shall not
exceed $15,675.
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CDBG Funds
King County CDBG — Federal Way Pass- $15,675
through Funds (CFDA 14.218)
Total CDBG Funds: $15,675
2. Line Item Budget
B. Billing Invoice Package
1. The City shall submit a Billing Invoice Package that consists of an invoice
statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS, of this Exhibit in a format approved by the
County.
2. All required reports must accompany the invoice statement in order to receive
payment.
3. The City shall submit an invoice for 1 and 2" Quarter within 20 business days
after the Contract has been fully executed, and within 20 days after the end of
the third quarter.
4. An Accrual Letter must be received by January 6, 2012, stating the anticipated
amount of the final invoice.
5. Final voucher reimbursement request shall be submitted by January 15, 2012,
with all required supporting documentation and reports.
C. Method of Payment
1. The County shall reimburse the City on a quarterly basis for actual expenditures
in accordance with the Line Item Budget in Section III.A.
2. Payment to the City may be withheid for any quarter in which the City has not
submitted the reports specified in Section IV., REPORTING REQUIREMENTS,
of this Exhibit, or in which said reports are incomplete.
IV. REPORTING REQUIREMENTS
The City shall submit electronically the following data reports in a format and to an address
provided by the County and hard copy with each invoice.
A. The City shall submit with each invoice a completed Program Accomplishment Form, in
a format provided by the County.
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B. The City shall use the following methods to measure the indicator specified in Section
II. B. of this Exhibit: Number of unduplicated persons.
C. The City shall submit with the final invoice a completed Project Funding Report form
itemizing all funding used for the project, in a format provided by the County.
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City of Federal Way Page 6 of 6 2011 Contract — Exh V