AG 15-211RETURN TO: Cynthia Ricks - Maccotan
EXT: 2651
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT. /DIV: COMMUNITY DEVELOPMENT
2. ORIGINATING STAFF PERSON: CYNTHIA RICKS - MACCOTAN
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG #):
❑ OTHER
EXT: 2651 3. DATE REQ. BY: 3/15/2016
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
X HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME: HABITAT FOR HUMANITY ACQUISITION OF SINGLE- FAMILY HOME
6. NAME OF CONTRACTOR: HABITAT FOR HUMANITY
ADDRESS: 560 NACHES AVE. SW, SUITE 110 TELEPHONE _206- 855 -5004
E -MAIL: FAX:_206- 456 -6943
SIGNATURE NAME: GAIL LUXENBERG TITLE: CEO
7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: JANUARY 1, 2015 COMPLETION DATE: _DECEMBER 31, 2015
9. TOTAL COMPENSATION $165,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
INITIAL / DATE REVIEWED
C?'C„f.Y1 `ti Is-
EXT:
s
INITIAL / DATE APPROVED
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
❑ CHIEF OF STAFF
NATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
I
/ DAT
SIGNED
S
At 15 -211
DATE SENT:
COMMENTS:
This is the Promissory Note for the loan provided to Habitat for the acquisition of single- family home purchase project. The loan is due in 20
years unless there is a default. If the home is still owned by an income eligible household, the city may extend the due date of the loan. The
Promissory Note must be signed by the Mayor and the City Clerk.
11/9
CITY OF
._. Federal Way
LENDER:
BORROWER:
PROPERTY
ADDRESS:
PRINCIPAL
AMOUNT:
LOAN DATE:
DUE DATE:
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www cityoffederalway com
PROMISSORY NOTE
City of Federal Way — CDBG Capital Project Contract
Acquisition of Single - Family Home
City of Federal Way, a Municipal corporation
33325 8thAvenue South
Federal Way, WA 98003
Habitat for Humanity
560 Naches Ave. SW, Suite 110
Renton, WA 98057
32824 26th Place SW
Federal Way, WA 98023 -2819
ONE HUNDRED SIXTY -FIVE THOUSAND DOLLARS AND 00 /100
($165,000.00)
October 13, 2015
The earlier of "Default Date" or October 13, 2035
In consideration for the mutual undertakings and covenants contained in this Promissory
Note (the "Note "), Lender (also referred to hereinafter as the "City ") and Borrower agree as
follows:
1. Purpose for Loan. Borrower has been allocated funds through Lender's Community
Development Block Grant ( "CDBG ") Capital Project Program ( "Program ") to acquire and
improve real property (the "Property ") to provide housing for a low- income family. The program
is funded by CDBG funds that have been made available to the City. City is prepared to fund the
loan upon Borrower's execution of the "Loan Documents," which include this Promissory Note,
an affordability Covenant, a Deed of Trust and a Closing Statement.
2. Promise to Pay. For value received, on or before the Due Date, or at Lender's option upon
sale or other conveyance of all or any portion of the Property, Borrower, including its assigns
and successors, promises to pay Lender in lawful money of the United States of America, at
Lender's principal place of business, or such other place as Lender may designate in writing
from time to time, the Principal Amount listed above and as shall have been advanced by Lender
to or on behalf of Borrower under this Note, plus interest as provided in this Note.
3. Interest Rate. The unpaid Principal Amount shall bear interest at the rate of One Percent
(1 %) compounded per annum (the "Effective Interest Rate ") unless or until there is a breach,
default or violation under the Contract, the Deed of Trust, the Covenant Agreement or this
Promissory Note. After such breach, default, or violation, the obligation shall bear interest at
Twelve Percent (12 %) per annum or the highest rate allowed by applicable law, whichever is
less.
PROMISSORY NOTE 1 /2015
CDBG CAPITAL PROJECT Page 1
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www crtyoffederalway corn
4. Payments. No payments will be required to be made on the Principal Amount unless or until
a Default occurs. In the event of Default, the entire unpaid balance of the Principal Amount as of
the date of Default shall immediately become due and payable and interest on the unpaid balance
shall commence to accrue at the "Default Interest Rate" on the date of Default.
5. Pre - Payments. Borrower may prepay this Note in full or in part at any time, without penalty.
All payments received on this Note shall first be applied against accrued and unpaid interest and
"Costs and Fees" owed to Lender under this Note, and the balance against unpaid Principal
Amount. Borrower expressly assumes all risks of loss or delay in the delivery of any payments
made by mail, and no course of conduct or dealing shall affect Borrower's assumption of these
risks.
6. Loan Account. All advances made to or on behalf of Borrower under this Note shall be
charged to a loan account in Borrower's name on Lender's books ( "Loan Account ") and Lender
shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of
each repayment made by Borrower as described in Section 5 above.
7. Default. Upon the occurrence of any of the following events ( "Events of Default "), Lender,
at its option, and without notice to Borrower, may declare the entire unpaid Principal Amount to
be immediately due and payable:
a. The Borrower sells the Property or conveys the Property in lieu foreclosure, or forfeits
the Property in foreclosure, bankruptcy or other insolvency proceeding;
b. The Borrower makes, or is deemed to have made, any materially incorrect, false,
fraudulent or misleading representation, warranty or certificate to the Lender or makes, or is
deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in
any statement or application to Lender in connection with Lender's consideration of Borrower's
Program application;
c. The Borrower defaults under the terms of this Note or the Deed of Trust granted in
connection herewith;
d. Formal charges are filed against the Borrower under any federal, state or municipal
statute, law or ordinance for which forfeiture of the Property is a potential penalty, or the
Property is in fact so seized or forfeited;
e. The Borrower fails to maintain the Property, commits waste upon the Property or allows
the Property to become a nuisance;
f. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the
appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or
(3) commences, consents to the commencement or continuation of, or has commenced upon it,
voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of
any jurisdiction; or
g. The Borrower defaults under the deed of trust executed in connection with this Note, it
being understood and agreed that this Note and the deed of trust shall be interpreted and
construed as a single integrated agreement between Lender and Borrower.
The term "Default Date" shall mean the date on which an Event of Default has occurred or the
date Borrower is no longer entitled to cure the Event of Default under the terms of this Note.
PROMISSORY NOTE 1/2015
CDBG CAPITAL PROJECT Page 2
CITY OF
1.... Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederatway corn
8. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal
Amount balance shall bear interest at the per annum interest rate for judgments provided by
Washington law until the Note is satisfied in full.
9. Security. This Note is secured by and relates to a deed of trust of even date encumbering the
Property.
10. Default Remedies. Upon the occurrence of any Event of Default, Lender shall have and may
exercise any one or more of the rights and remedies provided in this Note and the deed of trust
relating to this Note. The remedies provided in this Note and deed of trust are cumulative to the
full extent provided by law.
11. Sale of Property. Except as otherwise contemplated in the Contract, in the event of a sale or
transfer of the Property (excluding transfers of interest, if any, that are allowed by the Contract),
the Borrower additionally agrees to pay the Lender an amount equal to Lender's proportionate
share of the net appreciated value, if any, of the Property. The Lender's proportionate share is
calculated by dividing the principal amount of this Note by the actual total development costs of
the Project. Lender's estimated proportionate share is 100 percent of the net appreciated value of
the Property. Net appreciated value shall be calculated as follows:
a. In the case of a sale of the Property, the greater of the sales price of the Property or the
appraised value thereof at the time of sale as determined at Borrower's expense by an appraiser
satisfactory to Lender;
b. Less, as approved by Lender, the original principal of any funds secured by liens against
the Property, including the funds referred to herein;
c. Less the amount of cash that Borrower has invested in the Property from sources other
than the funds referenced in (b) above. This deduction shall include only sums attributable to
direct expenditures for acquisition, development and /or capital improvements to the Property and
shall not include ongoing maintenance expenditures or indirect expenditures such as real
property taxes or legal fees related to the ongoing operation of the Property; and
d. Less the actual reasonable costs of sale (if sold), such as appraisal, real estate
commissions, real property excise tax, escrow fees, recording fees, and title insurance premiums.
12. Costs and Fees. Borrower agrees to pay all of Lender's costs incurred in the collection,
modification, review, monitoring, or termination of this Note, including actual attorney fees and
those incurred in any foreclosure, bankruptcy, or other similar insolvency proceeding.
13. No Waiver. Acceptance by Lender of any payment in an amount less than the amount then
due shall be deemed an acceptance on account only, and Lender's acceptance of any such partial
payment shall not constitute a waiver of Lender's right to receive the entire amount due.
14. Consent. Borrower hereby jointly and severally (i) waives presentment for payment,
demand, notice of non - payment, notice of protest or protest of this Note, (ii) waives Lender's
diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time,
renewals, waivers or modifications as may be granted by Lender with respect to payment or any
other provisions of this Note. The liability of the Borrower under this Note shall be absolute and
unconditional, without regard to the liability of any other party.
PROMISSORY NOTE 1/2015
CDBG CAPITAL PROJECT Page 3
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederatway com
15. Governing Law and Venue. This Note shall be interpreted, construed and governed by, and
in accordance with, the laws of the State of Washington. Venue for any action commenced by
Borrower or Lender to interpret or enforce this Note or the deed of trust shall be in the Superior
Court of the State of Washington, For King County, at the Maleng Regional Justice Center,
Kent, Washington.
16. Assignment. Except as otherwise provided in the Contract, the Borrower may not sell, assign
or transfer this Note without the written authorization of the Lender.
17. Entire Agreement. Except as otherwise expressly provided in this Note, this Note and the
deed of trust constitute the entire agreement of the Borrower and the Lender relating to its
subject matter.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
[Signatures located on following page.]
PROMISSORY NOTE 1/2015
CDBG CAPITAL PROJECT Page 4
CITY OF
44(.k, Federal Way
Agreed to and accepted by:
LENDER:
CITY OF FEDERAL WAY
4.0
Jim r, i
" "�' OVED AS T
ORM:
City Atto - Amy Jo Pearsall
BORROWER:
HABITAT FOR HU
By:
Printed Name:
Title: CEO
ATTEST:
By: A{; ► i ! t
Printed Name: `7e GCV(\5
Title: -'-e C,\o�•c.Q)
PROMISSORY NOTE
CDBG CAPITAL PROJECT
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www aryoffederal way com
lerk, Stephanie Co
y, CMC
1/2015
Page 5
CITY F
O
. Federal Way
STATE OF WASHINGTON )
) ss.
COUNTY OF King )
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cilyoffederalway corn
On this day personally appeared before me Gail Luxenberg, to me known to be the CEO of
Habitat for Humanity Seattle -King County that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that h: was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of 1P ra { , 201j
Notary's signature
Notary's printed name '!', S✓�
Notary Public � and for the State of Washington
My commission expires 1
STATE OF WASHINGTON )
) ss.
COUNTY OF King )
®, - a ®.. .► AI. ..Na. e. — a —
4
Notary Public
State 01 Washington
S J KON
My Appointment Expires Jul 24, 2018
On this day personally appeared before me 5-rCrZ 6 einit49, to me known to be the
77 j c -ttxto NANc5 of Habitat for Humanity Seattle -King County that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN my hand and official seal this 19 da of C 7 ji \ , 2016 .
Notary's signature
Notary's printed name ' W 9 V\
Notary Public i and for the State of Washington
My commission expires v 7 , ( S
Notary Public
{ State of Washington
SJKON
f My Appointment Expires Jul 24, 2018
PROMISSORY NOTE 1/2015
CDBG CAPITAL PROJECT Page 6
II RETURN TO: Jeffrey Watson
EXT: 2650
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT
2. ORIGINATING STAFF PERSON: _JEFFREY WATSON
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT AMENDMENT (AG #):
❑ OTHER
EXT: 2650 3. DATE REQ. BY: 10/13/2015
G., RFB, RFP, RFQ)
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
X HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME: HABITAT FOR HUMANITY ACQUISITION OF SINGLE - FAMILY HOME
6. NAME OF CONTRACTOR: HABITAT FOR HUMANITY
ADDRESS: 560 NACHES AVE. SW, SUITE 110 TELEPHONE _206- 453 -2950
E -MAIL: FAX:_206- 456 -6943
SIGNATURE NAME: KEVIN HUNTER TITLE: ACTING CEO
7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
8. TERM: COMMENCEMENT DATE: JANUARY 1, 2015 COMPLETION DATE: _DECEMBER 31, 2015
9. TOTAL COMPENSATION $165,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT /CONTRACT REVIEW
PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE)
PAID BY: ❑ CONTRACTOR ❑ CITY
DATE REVIEWED
r� /Z
c 0(5"
'OYU - 1aloI r
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
CHIEF OF STAFF
SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
❑ SIGNED COPY RETURNED
COMMENTS:
INITIAL / DAT �S / NED
OA' b R%Li
tfliMMICIA. WAIT,
7402 Yi%
AG# 1 -it!
DATE SENT: /0W5-
1
N►r
11/9
Pecferal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
CDBG CAPITAL PROJECT CONTRACT
FOR
ACQUISITION OF SINGLE - FAMILY HOME
This Community Development Block Grant ( "CDBG ") Capital Projects Contract ( "Contract ") is made between the
City of Federal Way, a Washington municipal corporation ( "City "), and Habitat for Humanity, a nonprofit
organization ( "Agency "). The City and Agency (together "Parties ") are located and do business at the below
addresses which shall be valid for any notice required under this Contract:
HABITAT FOR HUMANITY
Sandra Lynch Holmes
560 Naches Ave. SW, Suite 110
Renton, WA 98057
(206) 453 -2950 (telephone)
(206) 456 -6943 (facsimile)
slynchholmes @habitatskc.org
CITY OF FEDERAL WAY:
Denise Catalano
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -2651 (telephone)
(253) 835 -2609 (facsimile)
denise.catalano @cityoffederalway.com
WHEREAS, the City is an entitlement City applicant for CDBG funds (Catalogue of Federal Domestic
Assistance -CFDA 14.218) under the Housing and Community Development Act of 1974 (the "Act "), as amended,
Pub. L. No. 93 -383, 88 Stat. 633 (1974), and anticipates receiving CDBG funds for the purpose of carrying out
eligible community development and housing activities under the Act and under regulations promulgated by the
Department of Housing and Urban Development ( "HUD "), at 24 C.F.R. §§ 570, et seq.; and
WHEREAS, the City desires to contract with the Agency for the performance of certain eligible activities
described within this Contract; and
WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the City to undertake
the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, and state and local
laws are adhered to, as provided for herein; and
WHEREAS, the purpose of this Contract is to provide for cooperation between the City and the Agency, as
the parties to this Contract, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this Contract pursuant to the Act, RCW
35.21.730 to .735, and /or by the Constitution and the enabling laws of the State of Washington;
NOW THEREFORE, for and in consideration of the terms and conditions provided in this Contract, the
parties mutually covenant and agree as follows:
2015 CDBG CAPITAL CONTRACT
- 1 10/2015
CITY or
44.-h& Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.ciiyoffederatway.com
INDEX TO CONTRACT SECTIONS
I. Scope of Contract
II. Duration of Contract
III. Compensation and Method of Payment
IV. Budget
V. Internal Control and Accounting System
VI. Maintenance of Records
VII. Monitoring and Reporting Requirements
VIII. Evaluations and Inspections
IX. Corrective Action
X. Assignment
XI. Termination
XII. Future Support
XIII. Hold Harmless and Indemnification
XIV. Insurance Requirements
XV. Nondiscrimination and Equal
Employment Opportunity
XVI. Section 504 and Americans with
Disabilities Act
XVII. Accessibility
XVIII. Environmental Review
XIX. Labor Standards
XX. Volunteers
XXI. Acquisition and Relocation
XXII.
X XIII .
X XIV .
XXV.
XXVI.
XXVII.
XXV III .
XXIX.
XXX.
XXXI.
X XXI I.
XXXIII.
XX XIV .
XXXV.
XXXVI.
XXXVII.
XXXVI1I.
XXXIX.
XL.
Public Ownership
Use of Real Property and Reversion of
Assets
Additional Local Requirements
Subcontracts and Purchases
Conflict of Interest
Political Activity Prohibited
Equipment Purchase, Maintenance, and
Ownership
Notices
Proprietary Rights
Contract Amendments
Entire Contract/Waiver of Default
Miscellaneous Provisions
Supplanting
Attorney's Fees & Costs
Drug -Free Workplace Certification and
Other Federal Requirements
Constitutional Prohibition
Confidentiality
Debarment and Suspension
General Provisions
L SCOPE OF CONTRACT
A. Scope. The Agency shall use the funds provided herein only to perform the activities authorized by this
Contract and as set forth in the CDBG Project Scope of Services, which is attached as "Exhibit A" and hereby
incorporated by this reference ( "Services "). The Contract between the Parties shall consist of the Capital Contract
for 2015 CDBG Funds including the 2015 CDBG Project Scope of Services "Exhibit A"; the federal, state, and local
program requirements; and each and every project exhibit, appendix, and attachment. This Contract supersedes any
and all former Contracts regarding projects attached as Exhibits to this Contract. In the event that there is a
difference between any of the language contained in this Contract and any of the language contained in the Exhibits
to this Contract, the language in this Contract shall control, unless the Parties affirmatively agree to the contrary in
writing.
B. Mandatory Certifications. The Agency certifies that it shall comply with the provisions of Section XV,
"Nondiscrimination and Equal Employment Opportunity," Section XVI, "Section 504 and Americans with
Disabilities Act," Section XXVI, "Conflict of Interest," and Section XXVII, "Political Activity Prohibited," of this
Contract.
C. Program Benefit — 24 C.F.R. & 570.208(a). Activities undertaken by this Contract must predominantly
benefit low- and moderate - income persons. At least fifty -one percent (51 %) of the persons served by these activities
must be low or moderate income persons as defined in "Exhibit A." The following requirements apply:
2015 CDBG CAPITAL CONTRACT
2 10/2015
` CITY OF CITY HALL
�.., 33325 8th Avenue South
Federal Way
Federal Way, WA 98003 003
-6325
(253) 835 -7000
www cityoffederalway. can
1. The Agency shall ascertain household income of persons applying for and receiving assistance to
assure compliance with the income limits defined in "Exhibit A "; and shall maintain records pursuant to Section
VI(G) of this Contract; or
2. If the activity exclusively serves a clientele, which by federal regulation is "presumed" to be low- and
moderate - income, individual income verification is not required. Persons eligible for this presumption are specified
in Section VI(G)(3) of this Contract. In this case, the Agency shall maintain appropriate data to validate the
presumption, as provided in Section VI(G)(3); or
3. If the activity is such that it is not feasible to identify and record beneficiaries, the total population of
the area from which the beneficiaries are drawn must be predominantly low- and moderate - income. In this case, the
Agency shall maintain substantiation data as required by Section VI(G)(4) of this Contract.
4. The benefit to low- and moderate - income beneficiaries must be in the form of a free or reduced cost
service. If beneficiaries are charged for services, the charges to low- and moderate - income beneficiaries, and to all
other beneficiaries, shall be as specified in the Exhibit(s), if applicable. Changes to the structure of charges during
the term of this Contract (and, in the case of a facility project, for five years thereafter) must preserve an identical
discount for low- and moderate - income beneficiaries, and the change must be approved by the City.
5. The low- and moderate - income limits in effect at the time of execution of this Contract are specified
in "Exhibit A." These limits are revised periodically by HUD. It is the Agency's responsibility to use any revised
limits when they take effect. Revisions will be announced by and can be obtained from the City.
D. Contact Person. The City and the Agency shall each designate a contact person for each Project
incorporated in this Contract. All correspondence, reports, and invoices shall be directed to the designated contact
person. This provision does not, however, supplant or override Section XXIX "Notices."
E. Federal Funds. The term "federal funds" as used herein means CDBG funds under this Contract.
F. Compliance with Laws. Agency shall comply with and perform the Services in accordance with all
applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions,
standards and policies, as now existing or hereafter adopted or amended.
G. Requirements of 24 C.F.R. § 570. Agency agrees to comply with the requirements of Title 24 of the Code
of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Agency does not
assume the City's environmental responsibilities described in 24 C.F.R. § 570.604 and (2) Agency does not assume
the City's responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52.
H. Independent Contractor. Nothing contained in this Contract is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer /employee between the parties. The Agency shall at
all times remain an "independent contractor" with respect to the services to be performed under this Contract. The
City shall be exempt from payment of all Unemployment Compensation, Federal Insurance Contribution Act,
retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Agency is an independent
contractor.
I. Uniform Administration Requirements. Agency shall comply with the policies, guidelines and
requirements of 2 C.F.R. Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards," and 24 C.F.R. Part 84, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations identified at 24
C.F.R. § 570.502(b), Applicability of Uniform Administrative Requirements.
2015 CDBG CAPITAL CONTRACT
- 3 10/2015
Pecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
J. Warranty. The Agency warrants that it has the requisite training, skill and experience necessary to
provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of
Federal Way business registration.
K. Taxes and Licenses. The Agency shall pay throughout the term of this Contract, all applicable taxes, and
all licenses.
II. DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in "Exhibit A," or the date of
execution of this Contract, whichever is earlier), until the Termination Date specified in "Exhibit A," unless
extended to a later date or terminated earlier, pursuant to the terms and conditions of the Contract. The City shall
furnish the Agency with a written notice to proceed. No work on a project shall occur without prior written approval
from the City. Costs incurred prior to the date written notice to proceed was given or after the termination date will
not be reimbursed.
III. COMPENSATION AND METHOD OF PAYMENT
The Agency's compensation will be from the 2015 program for CDBG funds, CFDA 14.218, under the
Housing and Community Development Act of 1974 ( "HCD Act "), Public Law 93 -383, as amended and under
regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 C.F.R. Part 570,
and Agency will receive the CDBG funds for the purpose of carrying out eligible community development and
housing activities under the Act. The City shall reimburse the Agency only as outlined in "Exhibit A." The Agency
shall provide the Services in a manner consistent with the accepted practices for other similar Services, performed to
the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his
or her designee. Reimbursements will be payable in the following manner:
A. Start Date and End Date. Start Date and End Date for the project shall be as specified in "Exhibit A."
Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will not be
reimbursed.
B. Compensation and Contract Performance. The City will use the quantity of Services actually delivered, as
outlined in "Exhibit A," as a measure of satisfactory Contract performance.
C. Eligible Costs. Eligible costs shall be based upon the Project Budget and Acquisition Requirements
specified in "Exhibit A," as a measure of satisfactory Contract performance. All requests for reimbursement shall be
fully documented.
D. Submission of Invoices and Supporting Documentation. The Agency shall submit an invoice and
supporting documentation for eligible costs (as defined in subsection C above) claimed in the invoice, or the City
may not process the invoice. Supporting documentation for eligible costs claimed in the invoice include but is not
limited to, purchase orders and bills. The City shall pay the Agency within forty -five (45) days following the City's
approval of a complete and correct invoice and supporting documentation. Payment by the City shall not constitute
approval of the services for which payment is requested. The City does not, by making such payment, waive any
rights it may have pursuant to this Contract to require satisfactory performance of the services promised herein. The
City reserves the right to demand and recover reimbursements made for ineligible costs.
E. Program Income. If the project generates CDBG Program Income, as defined in 24 C.F.R. § 570.504(c),
under this Contract, the Agency shall report all Program Income to the City on an annual basis not later than January
31' of the calendar year following the year in which Program Income is collected by the Agency. All Program
2015 CDBG CAPITAL CONTRACT
4 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
wwwcityoffederalway. com
Income shall be returned to the City unless the City specifies that it may be retained by the Agency. This duty to
repay the City shall not be diminished or extinguished by the prior termination of the Contract pursuant to the
Duration of Contract or the Termination Section.
IV. BUDGET
The Agency shall apply the funds received from the City under this Contract in accordance with the line item
budget set forth in "Exhibit A."
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls, which complies with
applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards.
VI. MAINTENANCE OF RECORDS
A. Scope of Records. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed necessary by the City to ensure proper
accounting for all Contract funds and compliance with this Contract, including all records specified in "Exhibit A."
This requirement includes complete copies of all contracts, subcontracts, and agreements with third parties into
which the Agency enters in the performance under this Contract, and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
B. Time for Retention of Records. Records required to be maintained in subsection A of this section, shall
be maintained for a period of six (6) years after the Termination Date. The period of time shall commence on
January 1 of the year following the year in which the final invoice was paid.
C. Location of Records/Notice to City. The Agency shall inform the City in writing of the location, if
different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents,
and other evidence and shall notify the City in writing of any changes in location within ten (10) working days of
any such relocation.
D. Federal Exceptions to Retention Requirements. Exceptions to the six (6) year retention period are as
follows: (1) Records that are the subject of audit findings, litigation, or claims shall be retained until such findings,
litigation or claims have been resolved; and (2) The retention period for real property and equipment records starts
from the date of the disposition, replacement or transfer at the direction of the City.
E. Financial Management Records. Financial records shall identify adequately the source and application of
funds for activities within this Contract, in accordance with the provisions of 24 C.F.R. Part 85.20 and the U. S.
Office of Management and Budget ( "OMB ") Super Circular 2 C.F.R Part 200. These records shall contain
information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays, and income.
F. Beneficiary Records. The Agency agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these categories of persons have
participated in, or benefited from, the activities carried out under this Contract.
G. Program Benefit Records — 24 C.F.R. § 570.506(b). As applicable, the following categories of records
shall be maintained for the discrete activities that are assisted in whole or in part with funding under this Contract (or
for all the Agency's activities if funding under this Contract is not specifically allocated to particular activities) for
the purpose of documenting that a majority of the beneficiaries are persons of low- or moderate - income.
2015 CDBG CAPITAL CONTRACT
5 10/2015
Abe,CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
1. Records specifying by dollar amount, family size, and household income limits used to determine
income level.
2. For service activities serving individual clients without regard to their residence location within the
City, records documenting: (a) manner in which each client's income is determined in all cases; (b) determination
that each individual client's income is or is not within low- or moderate - income limits; (c) date determination was
made; and (d) tabulation of the individual determinations.
3. For a service or facility which exclusively serves a class of beneficiaries, the members of which are
presumed to be low- or moderate - income eligible absent general evidence to the contrary (abused children, battered
spouses, senior citizens, adults meeting the Bureau of the Census' Current Population Reports definition of
"severely disabled," homeless persons, illiterate persons, persons living with AIDS and migrant farm workers),
records documenting: (1) that the facility exclusively serves the eligible class; and (2) there is no generally available
data indicating specific population served is not predominantly low- or moderate - income.
4. For a service or facility which offers benefits uniformly without regard to income to all persons
residing within a delineated area, records establishing: (1) boundaries of the service area; (2) the income
characteristics of families and unrelated individuals in the service area; and (3) if the percent of low- and moderate -
income persons in the service area is less than fifty -one (51) percent, data showing that the area qualifies under the
exception criteria set forth at 24 C.F.R. § 570.208(a)(1)(ii).
H. Records of Program Operations, Management and Evaluation. Agency shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
3. Principal operations data including, but not limited to, work units completed, clients served
(classified by client and service characteristics), staff hours utilized, etc.;
4. Self- evaluation of services, programs and employment practices for compliance with 504 and ADA
requirements.
I. Property Records. Agency shall maintain all records identifying any real and personal property acquired
or improved in whole or in part with funds under this Contract (OMB Super Circular 2 C.F.R Part 200) as follows:
1. Itemized inventory of real property recording legal and common descriptions and address, date of
acquisition and /or improvements, cost of acquisition and /or improvements, and CDBG - funded share of cost;
2. Itemized inventory of all non - expendable personal property recording full identification, current
location, date and cost of acquisition, and CDBG - funded share of cost;
3. Complete records of any authorized disposition of real or non - expendable personal property including
how and to whom disposed, date, amount of disposition proceeds, market value at time of disposition and how
determined, intended use, and any conditions governing use following disposition;
4. At the termination of this Contract, a record of the total purchase cost of all remaining unused
expendable personal property.
J. Additional Requirement for Acquisition or Improvement of Real Property Projects.
1. For construction contracts over $100,000, records documenting compliance with the bonding
requirements of 24 C.F.R. § 85.36(h).
2. Flood Insurance, Flood Disaster Protection Act of 1973; and Federal Insurance Administration Notice
2015 CDBG CAPITAL CONTRACT
6 10/2015
CITY OF
L Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
in Federal Register Vol. 24, No. 133, July 13, 1989.
a. Record of determination whether the assisted project is located within a designated flood plain or
flood hazard area.
b. If the project is within such area: (1) Evidence of current participation in the National Flood
Insurance Program; and (2) Evidence of flood insurance coverage in force on all significant project structures.
3. Lead -Based Paint — Records required to document compliance with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4801, et seq.), as amended and the Residential Lead -Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. §§ 4851, et seq.), and the implementing regulations 24 C.F.R. § 35.
4. Labor Standards — Records required to document compliance with all requirements of Davis -Bacon
and Related Acts (40 U.S.C. §§ 3141 and 3142); Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701,
et seq.); Copeland Act (18 U.S.C. § 874); US Secretary of Labor Regulations (29 C.F.R. §§ 3, 5, 6, and 7).
5. Real Property Acquisition and Relocation — Records required to document compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601, et seq., as
amended; and the implementing regulations 49 C.F.R. § 24. The agency shall consult the City for complete
instruction prior to undertaking any action that may result in displacement of persons as defined at 49 C.F.R. §
24.2(g).
K. Procurement Records. Agency shall maintain records of:
1. Agency's adopted code of conduct governing officers' and employees' actions in contracting and
purchasing;
2. Agency's standard operating procedures for authorizing and executing purchases and contract
procurements of various sizes and types.
3. Agency's individual purchases or contracts over $10,000 as required by the OMB Super Circular 2
C.F.R Part 200.
4. Agency's procurement procedures utilized and the bases for supplier selection/contract award.
L. Records Regarding Remedy of Past Discrimination. The Agency shall maintain documentation of the
affirmative action measures the Agency has taken to overcome prior discrimination if a court or HUD has found that
the Agency has previously discriminated against persons on the grounds of race, color, national origin or sex in
administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 C.F.R. Part 121.
M. Personal Information — Notice of Security Breach
1. If the Agency maintains computerized or other forms of data that includes personal information
owned by the City, the Agency shall notify the City of any breach of the security of the data immediately following
discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized
person in accordance with RCW 42.56.590(2).
2. The Agency shall provide all information requested by the City including the following in accordance
with RCW 42.56.590 and any other applicable federal, state, and local statute:
a. Circumstances associated with the breach;
b. Actions taken by the Agency to respond to the breach; and
c. Steps the Agency shall take to prevent a similar occurrence.
2015 CDBG CAPITAL CONTRACT
- 7 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
This information shall be provided in a format requested by the City.
3. The City may at its sole discretion, require the Agency to contact the appropriate law enforcement
agency and to provide the City a copy of the report of the investigation conducted by the law enforcement agency.
4. The Agency shall be responsible for notifying individuals whose personal information may have
become available to unauthorized users through a security breach. The Agency shall also be responsible for any cost
associated with notifying the affected individuals. This notification may be by written notice or electronic notice in
accordance with RCW 42.56.590(7).
5. If the Agency demonstrates that the cost of providing notice would exceed $250,000, or that the
potentially affected persons exceeds 500,000, or the Agency does not have sufficient contact information, substitute
notice shall consist of the following in accordance with RCW 42.56.590(7)(c).
a. E -mail notice when the Agency has an e -mail address for the subject persons;
b. Conspicuous posting of the notice on the Agency's web site page, if the Agency maintains one;
and
c. Notification to major County -wide media.
6. For purpose of this section, "personal information" means the same as defined in RCW 42.56.590:
a. An individual's first name or first initial and last name in combination with any one of the
following data elements, when either the name or the data elements are not encrypted: social security number,
driver's license number, or Washington identification card number; or
b. Account number or 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.
VII. MONITORING AND REPORTING REQUIREMENTS
A. Monitoring. Agency understands and agrees that it will be monitored by the City and HUD from time to
time to assure compliance with all terms and conditions of this Contract and all applicable local, state, and federal
laws, regulations, and promulgated policies. Monitoring by the City under this Contract shall include, but not be
limited to: (1) on -site inspections by City staff; and (2) an annual evaluation.
B. Program Reporting. Projects qualifying to meet the national objective to serve low - and moderate - income
persons (under Section I(C)) shall submit a demographic report providing income, race, and head of household
information for the beneficiaries of the CDBG Project, which shall cover a one -year period extending back from the
date of the report. If the facility is and remains occupied during the project, this report is due thirty (30) days after
the date the project was closed. If the facility is first occupied or reoccupied after the close of the project, the report
is due one year from the date of the last project closing.
C. Fiscal Reporting Responsibilities. The Agency shall provide fiscal statements or reports as may be
required from time to time by the City, which statements or reports, or both, must indicate the status of all accounts
and funds being used to perform under this Contract. The Agency shall maintain proper documentation and records
of all expenditures incurred pursuant to the terms of this Contract in a manner as will facilitate auditing by either
HUD or the City.
D. Nonprofit Corporations. The Agency shall provide the City with a copy of its IRS Form 990 (Return of
Organization Exempt from Tax) when requested if the Agency is a nonprofit corporation.
2015 CDBG CAPITAL CONTRACT
8 10/2015
Vecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www cityoffederalway. com
1. Audit. The Agency shall have an independent audit conducted of its financial statement and
conditions, which shall comply with the requirements of generally accepted auditing standards "GAAS ";
Government Accountability Office ( "GAO ") Standards for Audits of Governmental Organizations, Programs,
Activities, and Functions; and 2 C.F.R. Part 200, as applicable.
2. Copy of Audit Report. The Agency shall provide the City a copy of the audit report including any
management letter or official correspondence submitted by the auditor, its response and corrective action plan for all
findings and reportable conditions contained in its audit. These documents shall be submitted not later than six
months subsequent to the end of the Agency's fiscal year.
3. Catalog of Federal Domestic Assistance. The Catalog of Federal Domestic Assistance ( "CFDA ")
number for the CDBG Program is 14.218.
4. Additional Audit or Review Requirements. Additional audit or review requirements may be imposed
on the City, and the Agency shall be required to comply with any such requirements.
VIII. EVALUATIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records. The Agency shall provide right of access to its
facilities to the City and /or federal agencies or officials at all reasonable times in order to monitor and evaluate the
activities funded under this Contract. The City shall give advance notice to the Agency in the case of fiscal audits to
be conducted by the City.
B. Time for Inspection and Retention. The records and documents with respect to all matters covered by this
Contract shall be subject at all times to inspection, review, or audit by the City and /or federal /state officials so
authorized by law during the performance of this Contract and six (6) years after the Termination Date, unless a
different period is specified in the Project Exhibit or a longer retention period is required by law.
C. Agreement to Cooperate. The Agency agrees to cooperate with the City or its agent in the evaluation of
the Agency's performance under this Contract and to make available all information reasonably required by any such
evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with
Chapter 42.56 RCW now and as hereafter amended.
IX. CORRECTIVE ACTION
A. Default by Agency. If the City determines that a breach of Contract has occurred because the Agency
failed to comply with any material terms or conditions of this Contract or the Agency has failed to provide in any
manner the work or Services agreed to in "Exhibit A" attached hereto, and if the City deems said breach to warrant
corrective action, the following sequential procedure will apply:
1. The City shall notify the Agency in writing of the nature of the breach.
2. The Agency shall submit a plan describing the specific steps being taken to correct the specified
deficiencies (the "Corrective Action Plan "). The Corrective Action Plan shall be submitted to the City within ten
(10) business days from the Agency's receipt of the City's notice under this Section. The Corrective Action Plan
shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall
not be more than thirty (30) days from the date the City receives the Agency's Corrective Action Plan, unless the
City, in its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions.
3. The City shall notify the Agency, in writing, within ten (10) business days of receipt of the Plan, of
the City's determination as to the sufficiency of the Plan. The determination of sufficiency of the Plan will be at the
sole discretion of the City.
2015 CDBG CAPITAL CONTRACT
9 10/2015
CITY OF
4 A& .. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www. afyoffederalway. com
4. Liquidated Damages. The parties agree that the funds provided to the Agency by the City pursuant
to this contract are required to be used to provide affordable housing for low- and moderate - income families for a
period of twenty (20) years. Should the housing purchased with the funds provided pursuant to this contract cease to
qualify as affordable housing as defined in "Exhibit A" within 20 years of dispersal of the funds, the Agency agrees
to reimburse the City in accordance with 24 C.F.R. § 570.505. This duty to repay the City shall not be diminished
or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination
Section.
B. Termination of Contract. In the event that the Agency does not respond within the appropriate time with
a Corrective Action Plan, or the Agency's Corrective Action Plan is determined by the City to be insufficient, the
City may commence termination of this Contract in whole or in part pursuant to Section XI.B;
C. City Withholding of Payment. The City may withhold any payment owed the Agency or prohibit the
Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken
or completed; and
D. No Waiver of Other Remedies. Nothing herein shall be deemed to affect or waive any rights the Parties
may have pursuant to Section XI or other remedies authorized by law.
X. ASSIGNMENT
The Agency shall not assign any portion of this Contract or transfer or assign any claim arising pursuant to
this Contract without the prior written consent of the City. Additional terms for City consent to such Assignment
may be described in a Project Exhibit. Said consent must be sought in writing by the Agency not less than forty -five
(45) business days prior to the date of any proposed assignment. The Agency shall deliver to the City with its request
for consent to such assignment, such information regarding the proposed assignee, including the proposed assignee's
mission, description of the proposed assignee's legal status, and financial and management capabilities as is
reasonably available to the Agency. Within thirty (30) days after such request for consent to such assignment, City
may reasonably request additional available information on the proposed assignee. If the City shall give its consent
to any assignment, this Section shall nevertheless continue in full force and effect. Any assignment without prior
City consent shall be void.
XI. TERMINATION
A. Termination for Convenience.
1. This Contract may be terminated by the City without cause, in whole or in part, prior to the
Termination Date specified in Project Exhibits, immediately upon written notice to the Agency of the termination.
The Agency may cancel this Contract only by written notice provided thirty (30) days before the intended
cancellation.
2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in any
way prior to the Termination Date set forth in "Exhibit A," the City may, upon written notification to the Agency,
immediately terminate this Contract in whole or in part.
3. If the Contract is terminated as provided above: (1) the City shall be liable only for payment in
accordance with the terms of this Contract for Services rendered prior to the effective date of termination; (2) the
Mayor's determination of such compensation shall be binding and conclusive; and (3) the Agency shall be released
from any obligation to provide such further Services pursuant to the Contract as are affected by the termination.
B. Termination for Cause.
2015 CDBG CAPITAL CONTRACT
- 10 - 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederahvay. corn
1. The City may terminate this Contract, in whole or in part, immediately upon written notice to the
Agency in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this
Contract and such breach has not been cured by a Corrective Action Plan acceptable to the City; or (2) the duties,
obligations, or Services required herein become impossible, illegal, or not feasible.
2. If the City terminates the Contract pursuant to this section, the Agency shall be liable for damages,
including any additional costs of procurement of similar Services from another source.
3. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required Services, or fiscal mismanagement, the Agency shall return to the
City immediately, any funds, misappropriated or unexpended, which have been paid to the Agency by the City.
4. If the Contract is terminated as provided in this Subsection: (1) the City shall be liable only for
payment in accordance with the terms of this Contract for Services rendered prior to the effective date of
termination; and (2) the Agency shall be released from any obligation to provide such further Services pursuant to
the Contract as are affected by the termination.
C. Waiver. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract at
law or in equity that either party may have in the event that the obligations, terms, and conditions set forth in this
Contract are breached by the other party.
XII. FUTURE SUPPORT
The City makes no commitment to support the Services contracted for herein and assumes no obligation for
future support of the activity contracted herein except as expressly set forth in this Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. Agency is an Independent Contractor. In providing Services under this Contract, the Agency is an
Independent Contractor, and the Agency, its officers, agents, or employees are not and shall not be considered the
employees of the City for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and compensation for these Services
and shall make no claim of career service or civil service rights that may accrue to a City employee under state or
local law.
The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on
behalf of the Agency, its employees, or others by reason of this Contract. The Agency shall protect, indemnify, and
save harmless the City, its officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or
taxes, and /or (2) the supplying to the Agency of work, Services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
B. Agency Agreement to Repay. The Agency further agrees that it is financially responsible for and will
repay the City all indicated amounts following an audit exception that occurs due to the negligence, intentional act,
and /or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees,
agents, and /or representatives. This duty to repay the City shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination Sections.
C. Agency Indemnification of City.
1. Agency Indemnification of City. The Agency shall protect, defend, indemnify, and save harmless the
City, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages,
2015 CDBG CAPITAL CONTRACT
- 11 - 10/2015
Vecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees,
and /or agents, in its performance and /or non - performance of its obligations under this Contract. The Agency agrees
that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as
respects to the City only, any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the City incurs any judgment, award, and/or cost arising there
from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Agency.
Claims shall include, but not be limited to, assertions that involve the use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder,
constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair
trade practice.
2. The Agency agrees not to perform any acts that include, but are not limited to, use or transfer of
software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder,
that constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in
unfair trade practice. The Agency agrees to indemnify the City for any harm resulting from unfair trade
practices.
3. The provisions in this section shall survive the termination of the contract term.
4. Nothing contained within this provision shall affect or alter the application of any other provision
contained within this Contract.
XIV. INSURANCE REQUIREMENTS— GENERAL
A. Insurance Required. By the date of execution of this Contract, the Agency shall procure and maintain for
the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise
from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, and/or
employees. The Agency shall pay the costs of such insurance. The Agency shall furnish separate certificates of
insurance and policy endorsements as evidence of compliance with the insurance requirements of this Contract.
The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein.
Failure by the Agency, its agents, employees, officers, Agency, providers, and /or provider subcontractors to comply
with the insurance requirements stated herein shall constitute a material breach of this Contract.
Each insurance policy shall be written on an "occurrence" form.
Nothing contained within these insurance requirements shall be deemed to limit the scope, application or
limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided
by the terms and conditions of the policy or policies. Nothing contained in this provision shall affect and/or alter the
application of any other provision contained within this Contract.
B. Risk Assessment by Agency. By requiring such minimum insurance, the City shall not be deemed or
construed to have assessed the risks that may be applicable to the Agency under this Contract, nor shall such
minimum limits be construed to limit the limits available under any insurance coverage obtained by the Agency. The
Agency shall assess its own risks and, if it deems appropriate and /or prudent, maintain greater limits or broader
coverage.
C. Minimum Scope of Insurance. Coverage shall be at least as broad as:
2015 CDBG CAPITAL CONTRACT
- 12 - 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
1. General Liability. Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
2. 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.
3. 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.
4. 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.
5. Property Insurance. Insurance Services Office form number (CP 00 10) covering BUILDING AND
PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office form number (CP 10 30) CAUSES
OF LOSS — SPECIAL FORM or project appropriate equivalent.
D. Minimum Limits of Insurance — Services Agreements: The Agency shall maintain limits no less than the
following, for:
1. Commercial General Liability: $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.
E. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions must be declared to,
and approved by, the City. The deductible and/or self - insured retention of the policies shall not apply to the
Agency's liability to the City and shall be the sole responsibility of the Agency.
F. Other Insurance Provisions. All liability insurance policies required in this Contract except Professional
and Workers' Compensation are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and agents are to be covered as additional insureds as
respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract.
Such coverage shall include Products - Completed Operations.
2. The Agency's insurance coverage shall be primary insurance as respects the City, its officers,
officials, employees, and agents. Any insurance and/or self - insurance maintained by the City, its officers, officials,
employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way.
3. The Agency's insurance shall apply separately to each insured against whom claim is made and/or
lawsuit is brought, except with respect to the limits of the insurer's liability.
G. Acceptability of Insurers. Unless otherwise approved by the City, insurance is to be placed with insurers
with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of
Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a
Bests' rating of B +VII. Any exception must be approved by the City.
2015 CDBG CAPITAL CONTRACT
- 13 - 10/2015
Vecferal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
If, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall, upon
notice to that effect from the City, promptly obtain a new policy, and shall submit the same to the City, with
appropriate certificates and endorsements, for approval.
H. Verification of Coverage. The Agency shall furnish the City with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each
insurance policy are to be on forms approved by the City prior to the commencement of activities associated with the
Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any
time.
XV. NON - DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Non - discrimination. During the performance of this Contract, the Agency shall not discriminate nor
tolerate harassment on the basis of age, color, creed, national origin, marital status, race, religion, sex, sexual
orientation, or the presence of any mental, physical or sensory, disability in the employment, application for
employment, the administration or delivery of services, or any other benefits under this Contract.
B. Compliance with Applicable Laws. The Agency shall comply fully with all applicable federal, state and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but
are not limited to, Chapter 49.60 RCW; Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000(a) et
seq.; the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.; and the Restoration Act of 1987. The Agency
shall further comply fully with any affirmative action requirements set forth in any federal regulations; statutes or
rules included or referenced in the contract documents.
C. Fair Housing Protections. The Agency shall comply with the federal Fair Housing Act, Public Law 90-
284 (42 U.S.C. §§ 3601 et seq.) The Agency shall take necessary and appropriate actions to prevent discrimination
in any housing- related project under this contract, which includes rental housing projects and/or projects that include
residential real estate - related transactions, as required by the Federal Fair Housing Act as amended (42 U.S.C. §
3601) and the Washington State Law Against Discrimination (Chapter 49.60 RCW). Residential real estate - related
transactions include the making or purchasing of loans or the provision of financial assistance secured by real estate,
or the making or purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or
maintaining of a dwelling. Rental housing includes any dwelling which is intended for occupancy as a residence for
one or more families by lease, sublease or by grant for a consideration of the right to occupy premises not owned by
the occupant.
D. Additional Federal Nondiscrimination Requirements. The Agency shall comply with all applicable
federal laws prohibiting discrimination, including the following:
1. Presidential Executive Order 11063 as amended and implementing regulations at 24 C.F.R. Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 U.S.C. 5301);
3. The Americans with Disabilities Act (42 U.S.C. § 1213; 47 U.S.C. §§ 155, 201, 218 and 225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 C.F.R. Part 8.
E. Prohibited Discriminatory Actions.
1. Except where expressly authorized by federal law, the Agency may not, under any program or activity
to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds
of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence
2015 CDBG CAPITAL CONTRACT
- 14 - 10/2015
44CITY OF
&., Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www. cityoffederalway.. com
of any, physical, mental or sensory disability. Discriminatory actions may include but are not limited to the
following:
a. Denying any person access to facilities, Services, financial aid or other benefits provided under
the program or activity.
b. Denying any person Services due to limited English proficiency.
c. Providing any person with facilities, Services, financial aid or other benefits, which are different,
or are provided in a different form from that provided to others under the program or activity.
d. Subjecting any person to segregated or separate treatment in any facility or in any matter or
process related to receipt of any service or benefit under the program or activity.
e. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, Services, financial aid or other benefits under the program or activity.
f. Treating any person differently from others in determining whether the person satisfies any
admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in
order to be provided any facilities, Services or other benefit provided under the program or activity.
g. Denying any person any opportunity to participate in a program or activity as an employee.
h. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily
accessible to and usable by individuals with disabilities and failure to remove architectural and communication
barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty
and expense.
2. The Agency shall not utilize criteria or methods of administration which have the effect of subjecting
individuals to discrimination on the basis of age, color, familial status, nationality, race, religion, sex, or sexual
orientation; or mental, physical, or sensory disability; or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to individuals of a particular age, color,
familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or
sensory disability.
3. The Agency, in determining the site or location of housing or facilities provided in whole or in part
with funds under this Contract, may not make selections of such site or location which have the effect of excluding
individuals, denying them benefits, or subjecting them to discrimination on the grounds of age, sex, marital status,
familial status, religion, race, creed, color, sexual orientation, nationality, or the presence of any sensory, mental or
physical disability; or which have the purpose or effect of defeating or substantially impairing the accomplishment
of the objectives of the HCD Act or of the HUD Regulations.
F. Employment Projections. In all solicitations under this Contract, the Agency shall state that all qualified
applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall
constitute compliance with this Section.
G. Record - Keeping Requirements and Site Visits.
The Agency shall maintain, for the duration of this Contract, the following:
1. Records of employment, employment advertisements, application forms, and other pertinent data,
records and information related to employment, applications for employment or the administration or delivery of
services or any other benefits under this Contract; and
2015 CDBG CAPITAL CONTRACT
- 15 - 10/2015
` CITY OF CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www crtyoffederalway. com
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 suppliers in this Contract, including employment records.
The City may visit, at any time, the site of the work and the Agency's office to review the foregoing
records. The Agency shall provide all assistance requested by the City during such visits. In all other respects,
the Agency shall make the foregoing records available to the City for inspection and copying upon request. If
this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in
any federal rules, regulations or statutes included or referenced in the contract documents.
H. Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this
Section shall be a material breach of contract for which the Agency may be subject to damages, withholding
payment and any other sanctions provided for by the Contract and by applicable law.
I. No Conflict 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 U.S.C. § 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 agencies, subgrantees, or contractors.
Religious organizations that believe that certain non - discrimination statutory requirements are substantially
burdensome may be entitled to protection under the Religious Freedom Restoration Act, 42 U.S.C. §§ 4000bb-
3, 4000bb -2(1), which applies to all federal law and its implementation. Agencies, subgrantees, or contractors
should be aware that anti - discrimination provisions of Section 109 of the Housing and Community
Development Act of 1974, Section 282 of the HOME Investment partnership Act may pose questions of
conformance with Title VII of the Civil Rights Act of 1964 and future court rulings could define more
specifically the application of these laws to faith -based organizations. In the event that a provision of this
Contract is deemed to be in actual conflict with federal law, the conflicting provision in this Contract shall not
apply.
� Federal Way
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a
504 /ADA Self - Evaluation Questionnaire for all programs and Services offered by the Agency (including any
Services not subject to this Contract) and has evaluated its Services, programs and employment practices for
compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq. and the Americans with
Disabilities Act of 1990 (ADA) 42 U.S.C. §§ 12101 et seq. The Agency warrants and represents that it has
completed a 504 /ADA Assurance of Compliance and shall submit it to the City. Such Assurance of Compliance is
attached to this Contract and is incorporated herein by this reference.
XVII. ACCESSIBILITY
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this Contract
are subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.) and shall
comply with the Uniform Federal Accessibility Standards (Appendix A to 24 C.F.R. §§ 40.1, et seq. for residential
structures, and Appendix A to 41 C.F.R. §§ 101 -19, et seq. for general type buildings). When applicable, certain
multifamily housing units designed and constructed for first occupancy after March 13, 1991, with assistance
provided under this Contract, must comply with the Fair Housing Accessibility Guidelines, 24 C.F.R. §§ 100.1, et
seq., now and as amended.
2015 CDBG CAPITAL CONTRACT
- 16 - 10/2015
CITY OF
� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
XVIII. ENVIRONMENTAL REVIEW
A. National Environmental Policy Act — The City retains environmental review responsibility for purposes
of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review
Procedures (24 C.F.R. §§ 58.1, et seq.). The City may require the Agency to furnish data, information, and assistance
for the City's review and assessment in determining whether an Environmental Impact Statement must be prepared.
The Agency shall be solely responsible for the cost of compliance with all such federal laws and authorities
including the cost of preparing plans, studies, reports, and the publication of notices that may be required.
B. Other Federal Environmental Laws.
1. Historic Preservation. Activities affecting property listed in or found to be eligible for inclusion in the
National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review
Procedures at 24 C.F.R. §§ 58.1, et seq. The Agency shall meet the historic preservation requirements of Pub. L. No.
89 -665 (16 U.S.C. § 470(i)), and the Archaeological and Historic Preservation Act of 1974, Pub. L. No. 93-291 (16
U.S.C. § 469a -1), and Executive Order 11593, including the procedures prescribed by the Advisory Council on
Historic Preservation in the regulations at 36 C.F.R. §§ 801, et seq.
2. Architectural Barriers. Any facility constructed pursuant to this Contract shall comply with design
requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.), and the Uniform Federal
Accessibility Standards (US Government Printing Office, 1985- 494 -187).
3. National Flood Insurance. When applicable, the use of CDBG funds for acquisition or construction
purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of flood insurance
as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. No. 93 -237, 42 U.S.C. § 2414
and 42 U.S.C. §§ 4001 -128).
4. Lead -Based Paint. Whenever funds under this Contract are used directly or indirectly for
construction, rehabilitation, or modernization of residential structures, the Agency shall comply, at its sole expense,
with the HUD Lead -Based Paint regulations (24 C.F.R. § 35) issued pursuant to the Lead -Based Paint Poisoning
Prevention Act, as amended (42 U.S.C. §§ 4801, et seq.) and the Residential Lead -Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. §§ 4851, et seq.), with regard to lead -based paint, and with any and all applicable federal,
state, and local laws, regulations, or standards hereafter enacted or issued with regard to lead -based paint. Without
limiting the foregoing, the Agency shall remove or cover, prior to the date for completion of the work funded
hereunder and in compliance with all applicable, laws, regulations, and in conformity with guidelines issued by
HUD, all lead -based paint with lead content above the threshold established by HUD on surfaces affected by the
work funded under this Contract. The Agency shall defend, indemnify, and hold harmless the City from any liability,
loss, damage, or expense, including costs and attorneys' fees, relating in any way to lead -based paint at the property
or the abatement or disposal thereof. This provision shall survive expiration and satisfaction of this Contract,
whether by payment, forgiveness, foreclosure, or otherwise.
5. Other. Clean Air Act as amended, 42 U.S.C. §§ 7401, et seq.; Water Pollution Control Act, 33 U.S.C.
§§ 1367, et seq., as amended; Environmental Protection Agency regulations, 40 C.F.R. §§ 1.1, et seq.
C. State Environmental Policy Act. Agencies which are branches of government under RCW 43.21C.030
retain responsibility for fulfilling the requirements of the State Environmental Policy Act, Chapter 43.21C RCW and
the regulations and ordinances adopted thereunder. If the Agency is not a branch of government under RCW
43.21C.030, the City may require the Agency to furnish data, information, and assistance, as necessary, to enable the
City to comply with the State Environmental Policy Act.
D. Satisfaction of Environmental Requirements.
2015 CDBG CAPITAL CONTRACT
- 17 - 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway com
1. Limitations on Activities Pending Clearance. Pursuant to 24 C.F.R. § 58.22, the Agency shall not
commit assistance under this Contract until: 1) the activity is determined to be exempt under §58.34, or is
categorically excluded under §58.35(b), and the City has documented its determination; or 2) the City has completed
an Environmental Assessment and HUD has approved the City's Request for Release of Funds ( "RROF ") and the
related certification from the City. In addition, until the activity is determined to be exempt under §58.34, or is
categorically excluded under §58.34, or the RROF has been approved by HUD, neither the City nor the Agency may
commit non -HUD funds on, or undertake an activity or project under, a program listed in 24 C.F.R. § 58.1(b) if the
activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives;
however, an option agreement, self -Help Homeownership Opportunity Program funds, and relocation assistance may
be excluded from the limitation above per 24 C.F.R. § 58.22(d), (e), and (f) respectively.
2. Notice to Proceed. Project execution under this Contract, by either the City or the Agency, shall not
proceed until satisfaction of all applicable requirements of the national and state environmental policy acts. A
written notice to proceed will not be issued by the City until all such requirements are complied with.
XIX. LABOR STANDARDS — 24 C.F.R. § 570.603
The Agency shall require that project construction contractors and subcontractors pay their laborers and
mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 U.S.C. §§ 3141 and 3142), and
that they comply with the Copeland Act (18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 3701, et seq.); provided that this section shall not apply to rehabilitation of residential property only if
such property contains less than eight (8) units. In addition to complying with these federal labor standards, the
Agency shall further require that all project construction contractors comply with all applicable state and local public
works bidding and contracting regulations, specifically including, without limitation, the prevailing wage provisions
set forth in Chapter 39.12 RCW and all regulations adopted by the State of Washington Department of Labor and
Industries.
XX. VOLUNTEERS — 24 C.F.R. § 70
If the Agency or the Contractor /Subcontractor uses volunteers to perform services on a federally- assisted
construction project, it shall ensure that work is performed without promise, expectation, or receipt of compensation
for services rendered. Volunteer files shall include: (1) the name and address of the agency sponsoring the project;
(2) a description of the project; and (3) the number of volunteers and the hours donated to the project.
XXI. ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Contract shall comply with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601, et
seq. (hereinafter the "Uniform Act" and the government -wide regulations applicable to all federally- assisted
projects, effective April 2, 1989, at 49 C.F.R. §§ 34.1, et seq.
B. Implementation of any project provided for in this Contract will be undertaken so as to minimize
involuntary displacement of persons, businesses, nonprofit organizations, or farms to the greatest extent feasible.
C. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of
acquisition of real property assisted under this Contract shall comply with the Uniform Act, and the regulations at 49
C.F.R. §§ 24.1, et seq., required by federal CDBG regulations at 24 C.F.R. § 570.606. The Agency shall comply
with the regulations pertaining to costs of relocation and written policies, as specified by the City of Kent's
Displacement Policy.
D. Consultation with the City staff shall be required for any project that involves demolition and/or
conversion of any housing units, including unoccupied units, to determine whether additional requirements will
2015 CDBG CAPITAL CONTRACT
- 18 - 10/2015
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
apply under Section 104(d) of the Housing and Community Development Act of 1974, as amended ( "Barney Frank
Amendment ").
XXII. PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the State of Washington, it
may become necessary to grant the City a property interest where the subject project calls for the acquisition,
construction, reconstruction, rehabilitation, or installation of publicly -owned facilities and improvements.
XXIII. USE OF REAL PROPERTY AND REVERSION OF ASSETS — 24 C.F.R. § 570.505.
A. Use of the Property. In accordance with 24 C.F.R. § 570.505, the Agency agrees that the real property
that is the subject of this agreement and was acquired or improved in whole or in part with CDBG funds in excess of
$25,000 must be either:
1. Used as specified in "Exhibit A" or meet one of the national objectives set forth in 24 C.F.R. §
570.208 of the CDBG regulations until twenty (20) years after expiration of the Contract, or such longer period of
time as may be specified in "Exhibit A," such use to be determined in consultation with and approved by the City; or
2. Disposed of in a manner consistent with the requirements of 24 C.F.R. § 570.505, resulting in the
City being reimbursed in the amount of the current fair market value of the property, less any portion of the value
(on a percentage basis) attributable to expenditures of non -CDBG funds for acquisition of, and improvements to, the
property. Such reimbursement is not required after the period of time specified in Paragraph (A) above.
B. Sale or Disposition. The sale or disposition of real property acquired in whole or in part with CDBG
funds shall be at no less than its current appraised fair market value (or for a lease, at the current market value),
except that such property may be disposed of for a lesser value, including by donation, if the disposition at the lesser
value is for a use which qualifies under one of the criteria set forth in 24 C.F.R. § 570.208 for meeting the national
objectives and is permissible under state and local law. Where the disposition is for a lesser value, the recipient shall
maintain documentation that the use meets one of the national objectives pursuant to 24 C.F.R. § 570.208.
XXIV. ADDITIONAL LOCAL REQUIREMENTS
A. City Ordinance, Codes, and Regulations — In acquisition and construction projects, the Agency shall
comply with all applicable City ordinances, codes, and regulations.
B. Additional Public Information — For all construction projects, the Agency shall erect a sign to City
specifications at the construction site, which identifies the source of funds, except that this requirement may be
waived for construction projects of $5,000 or less.\
XXV. SUBCONTRACTS AND PURCHASES
A. Subcontract Defined. "Subcontract" shall mean any contract 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. Amendment Required. The Agency shall not subcontract any portion of this Contract without the prior
amendment to this Contract as outlined in Section XXXII. Said amendment must be sought in writing by the Agency
2015 CDBG CAPITAL CONTRACT
- 19 - 10/2015
k1/4. _ Vecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
not less than forty -five (45) business days prior to the date of any proposed subcontract. If the City shall give its
consent to any subcontract by completing an amendment, this Section shall nevertheless continue in full force and
effect. Any subcontract without prior amendment to this Contract, shall be void and not reimbursable under this
contract.
C. Verification of Subcontractor's Eligibility — 24 C.F.R. 5. The Agency shall maintain records
documenting that the Agency, all subcontractors, and consultants have been determined not to be currently debarred,
suspended, denied participation or declared ineligible to participate in federal government funded programs.
Verification of eligibility shall be accomplished by signing the Certification Regarding Debarment and Suspension.
D. Procurement Requirements. In awarding contracts pursuant to this Contract, the Agency shall comply
with all applicable requirements of local and state law for awarding contracts, including but not limited to
procedures for competitive bidding, contractor's bonds, and retained percentages (Chapter 60.28 RCW, Chapter
39.12 RCW, and Chapter 39.04 RCW). In addition, the Agency shall comply with the requirements of the U.S.
OMB Super Circular 2 C.F.R Part 200, relating to "Procurement Standards," and with Executive Order 11246
regarding nondiscrimination in bid conditions for projects over $10,000. Where federal standards differ from local or
state standards, the stricter standards shall apply. If the Agency is a nonprofit corporation, it agrees to comply with
procurement requirements specified in 24 C.F.R. Part 84.40 through .48. The regulations at 24 C.F.R. Part 85.36 (b)
through (g) and 24 C.F.R. Part 84.40 through .48, require that all goods and Services, irrespective of cost, be
procured using a competitive process.
E. Failure to Comply is Default. Failure by the Agency to require compliance with the above terms and
conditions in subcontracts shall constitute a breach of this Contract.
XXVI. CONFLICT OF INTEREST
A. The Agency agrees to abide by the provision of 24 C.F.R. §§ 84.42 and 570.611, which include (but are
not limited to) the following:
1. The Agency shall maintain a written code or standards of conduct that shall govern the performance
of its officer, employees or agents engaged in the award and administration of contracts supported by Federal funds;
and
2. No employee, officer or agent of the Agency shall participate in the selection or in the award, or
administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
3. No covered persons who exercise or have exercised any functions or responsibilities with respect to
CDBG- assisted activities, or who are in a position to participate in a decision - making process or gain inside
information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest
in any contract, subcontract, or agreement with respect to the CDBG - assisted activity, either for themselves or those
with whom they have business or immediate family ties, during their tenure or for a period of (1) year thereafter. For
purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or
elected or appointed official of the City, the Agency or any designated public Agency.
B. Agency Covenants. The Agency covenants that no officer, employee, consultant, elected or appointed
official, or agent of the Agency who exercises any functions or responsibilities in connection with the activities
funded in whole or in part under this Contract, herein, or any other person who exercises any functions or
responsibilities in connection with the activities funded herein, shall have any personal financial interest, direct or
indirect, in this Contract, either for themselves or those with whom they have business or immediate family ties,
during their tenure or for one year thereafter. Any interest on the part of the Agency or his employees must be
disclosed to the City. The Agency shall take appropriate steps to assure compliance with this provision.
2015 CDBG CAPITAL CONTRACT
- 20 - 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. crtyoffederalway.. com
C. Current and Former City employees. The Agency acknowledges that, for one year after leaving City
employment, a former City employee may not have a financial or beneficial interest in a contract or a grant that was
planned, authorized or funded by a City action in which the former City employee participated during City
employment. The Agency shall identify, at the time of offer, current or former City employees involved in the
preparation of proposals or the anticipated performance of work if awarded the Contract. Failure to identify current
or former City employees involved in the transaction may result in the City's denying or terminating the Contract.
After Contract award, the Agency is responsible for notifying the City's Project Manager of current or former City
employees who may become involved in the Contract any time during the term of the Contract.
D. Non - Disclosure is Grounds for Termination. Violation of this Section shall constitute a material breach
of this Contract and grounds for termination pursuant to Section XI, as well as any other right or remedy provided in
this Contract or law.
XXVII. POLITICAL ACTIVITY PROHIBITED
A. No Partisan Activity. None of the funds, materials, property, or Services provided directly or indirectly
under this Contract shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
B. Certification Regarding Lobbying. The Agency certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the Agency shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
XXVIII. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment over $5,000. The Agency agrees that any equipment purchases, in whole or in part, with
Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the City and /or federal government.
B. Maintenance of Equipment. The Agency shall be responsible for all such property, including the proper
care and maintenance of the equipment.
2015 CDBG CAPITAL CONTRACT
- 21 - 10/2015
CITY F
O
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityofederalway. com
C. Equipment Returned. The Agency shall ensure that all such equipment shall be returned to the City
and /or federal government upon termination of this Contract unless otherwise agreed upon by the Parties.
D. Right of Access. The Agency shall admit the City's designee to the Agency's premises for the purpose of
marking such property with City property tags.
E. Maintenance of Records. The Agency shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds.
F. Disposition of Equipment. If the Agency ceases to use equipment purchased in whole or in part with
CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of such equipment, the
disposition shall be determined under the provisions of 24 C.F.R. Part 570.502(b)(3)(vi), if the Agency is a nonprofit
corporation and 24 C.F.R. Part 570.502(a) and 24 C.F.R. Part 85.32(e) if the Agency is a municipal corporation or
an agency of the State of Washington. The Agency agrees that it will contact the City for instructions prior to
disposing of, surplusing, encumbering, or transferring ownership of any equipment purchased in whole or in part
with federal funds.
XXIX. 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 Mayor of Federal Way. Any notices may be
delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to
the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing.
XXX. PROPRIETARY RIGHTS
The Parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article
should result from the work described herein, all rights accruing from such material or article shall be the sole
property of the Agency. The Agency agrees to and does hereby grant to the City, irrevocable, nonexclusive, and
royalty -free license to reproduce, publish or otherwise use, and to authorize others to use, the work for governmental
purposes, according to law, any material or article and use any method that may be developed as part of the Services
under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists,
and other materials and documents of the Agency, which are modified for use in the performance of this Contract.
XXXI. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are mutually agreed upon, shall
be incorporated by written amendments to this Contract. Budget revisions approved by the City pursuant to Section
IV are not required to be incorporated by written amendment.
XXXII. ENTIRE CONTRACT/WAIVER OF DEFAULT
The Parties agree that this Contract is the complete expression of the terms hereto and any oral or written
representations or understandings not incorporated herein are excluded. Both Parties recognize that time is of the
essence in the performance of the provisions of this Contract. Failure or delay of the City to declare any breach or
default immediately upon occurrence, shall not waive such breach or default. Failure of the City to declare one
breach or default does not act as a waiver of the City's right to declare another breach or default.
2015 CDBG CAPITAL CONTRACT
- 22 - 10/2015
44x., Vecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalway com
XXXIII. MISCELLANEOUS PROVISIONS
A. Severability. If any term or provision of this Contract or an application of any term or provision to any
person or circumstance is invalid or unenforceable, the other terms or provisions of this Contract, or the application
of the term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force.
B. Cumulative Remedies. No provision of this Contract precludes the City from pursuing any other
remedies for the Agency's failure to perform its obligations.
C. No Third Party Rights. This Contract is for the benefit of the named Parties and the City of Federal Way
only, and no other third party shall have any rights thereunder.
XXXIV. SUPPLANTING
If the Agency is a nonprofit corporation providing public (human) Services under this Contract with CDBG
funds and the Agency received non - federal funds from the City ( "local funds ") to provide the same Services as those
funded herein during the preceding calendar year, the Agency must use the funds provided herein to pay for units of
service this year that are over and above the level of service provided with local funds during the previous year.
XXXV. ATTORNEYS' FEES AND COSTS
In the event either of the Parties defaults on the performance of any of the terms of this Contract or either
Party places the enforcement of this Contract in the hands of an attorney or files a lawsuit, each Party shall pay all of
its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County,
Washington.
XXXVI. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL
REQUIREMENTS
A. Drug -Free Workplace Certification. The Agency certifies that it is in compliance with the Drug -Free
Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 C.F.R. Part 24, Subpart F.
B. Other Federal Requirements. The absence of mention in this Contract of any other federal requirements,
which apply to the award, and /or expenditure of the federal funds made available by this Contract is not intended to
indicate that those federal requirements are not applicable to Agency activities. The Agency shall comply with all
other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5
U.S.C. Chapter 15) regarding political activities.
XXXVII. CONSTITUTIONAL PROHIBITION
A. Funds Not Used for Religious Purposes. In accordance with the First Amendment of the United States
Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state
principles, as a general rule, funds received under this Contract may not be used for religious activities. Except
where otherwise allowed by Federal law, the following restrictions and limitations apply to the use of CDBG funds:
1. 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.
2015 CDBG CAPITAL CONTRACT
- 23 - 10/2015
44•.- Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www. cityoffederalway. com
2. In performing under this Contract, the Agency shall not discriminate against a program beneficiary or
prospective program beneficiary on the basis of religion or religious belief.
XXXVIII. 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.
XXXIX. DEBARMENT AND SUSPENSION
Agency certifies that, except as noted below, the firm, association or corporation or any person in a
controlling capacity associated therewith or any position involving the administration of federal funds; is not
currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the
past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a
civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in
any matter involving fraud or official misconduct within the past three (3) years (Executive Orders 12549 and
12689, "Debarment and Suspension ").
XL. GENERAL PROVISIONS
A. Successors in Interest. Subject to Section X, Assignment, the rights and obligations of the Parties shall
inure to the benefit of, and be binding upon, their respective successors in interest, heirs and assigns.
B. Governing Law. This Contract shall be made in, governed by, and interpreted in accordance with the laws
of the State of Washington.
C. Authority. Each individual executing this Contract on behalf of the City and Agency represents and
warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Agency or the
City.
D. Captions. The respective captions of the sections of this Contract are inserted for convenience of
reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Contract.
E. Counterparts. This Contract may be executed in any number of counterparts, which counterparts shall
collectively constitute the entire Contract.
F. Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended,
occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void
at the City's option.
G. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate
in the drafting of this Contract and the Exhibits, if any, attached. No ambiguity shall be construed against any
Party upon a claim that that Party drafted the ambiguous language.
[Signature page follows]
2015 CDBG CAPITAL CONTRACT
- 24 - 10/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalway. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
ATTEST:
AIL IL AL! AS
i6, C erk, Stephanie Court" , MC
APPROVED AS TO FORM:
City Attorney, Amy Jo Pearsall
HABITAT FOR HUMANITY OF SEATTLE -KING COUNTY
By:
Printed Name: Kevin Hunter
Title: Acting CEO
DATE:
/0/05---
STATE OF WASHINGTON )
) ss.
COUNTY OF King )
On this day personally appeared before me Kevin Hunter , to me known to be the Acting CEO
of Habitat for Humanity that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of
said corporation.
GIVEN my1.1/4 \* cl official seal this
N..1 C11 N Ill,/
t��
r ,,,•....��„�, ?� i,
/ Notary's
r. `g$�ON � ,
s0��'r0'(A0. 'P�N� t ",Notary's
H: V — • ..
F Wpse 4:r
I(h \ \ \ \O‘N:%.
2015 CDBG CAPITAL CONTRACT
`day of thkeAr-
signature
printed name G( fr 411 Vll
Notary Public in and for the State of Washington
My commission expires la-- 01_ (e,
,200
- 25 - 10/2015
Vecleral Way
"EXHIBIT A"
PROJECT SCOPE OF SERVICES
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835-7000
www.cityoffederalway.com
Project No.:
Start Date: January 1, 2015
Project Title: Acquisition of Single - Family Home
End Date: June 30, 2016
Federal Way Contract No.:
Termination Date: June 30, 2016
Agency Contact Person: Sandra Lynch Holmes
E -mail: slynchholmes @habitatskc.org
Telephone: (206) 453 -2950
Fax: (206) 456 -6943
HABITAT FOR HUMANITY (hereinafter referred to as the "Agency ") shall acquire a single - family residence
located at 32824 26th Place SW, Federal Way, WA 98023 -2819. The real property and improvements thereon are
hereinafter referred to as the "Premises." The Premises are being acquired from a bankruptcy proceeding. The
Agency agrees to perform all those activities described in this Project Exhibit beginning on January 1, 2015, ( "Start
Date ") and completing on or before December 31, 2015, ( "End Date "). The Agency also agrees to maintain the
affordability of the house for low- and /or moderate - income persons for a period of 20 years beginning when this
contract is executed, or at such time the home is transferred to an income - eligible household, whichever is later. All
such activities shall be provided in a manner which fully complies with all applicable federal, state, and local laws,
statutes, rules, and regulations, as are now in effect or hereafter may be amended.
I. Project Eligibility.
A. CDBG National Objective: Low /Mod Benefit (Family Size and Income); 24 C.F.R. §
570.208(a)(2)(i)(B).
B. CDBG Eligible Activity: Acquisition, 24 C.F.R. § 570.201(a).
II. Project Requirements
A. Work Statement. The Agency shall acquire and improve the Premises substantially in compliance with the
Agency's application(s) as approved by the City of Federal Way (hereinafter referred to as the "City ") and any plans
and/or specifications (hereinafter referred to as the "Project ") submitted to and approved by the City. The Agency
shall finance and develop the Project substantially in accordance with this agreement.
The Agency shall acquire and renovate the specified Premises to prepare it for sale to an income - eligible
household in accordance with the Project Budget and Project Milestones specified in this Exhibit. The initial sale
and transfer of the renovated home shall be to a household with income not exceeding 60 percent ( %) of the Area
Median Income (AMI) for King County, as defined by HUD at the time of sale. The Agency shall take steps to
ensure that, in the event of resale, the property remains affordable for persons and households with incomes not
exceeding 80% of the AMI for a period of 20 years commencing the date of the initial sale and transfer to the first
income - eligible household.
B. Records. The Agency shall maintain files for this project containing the following items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the City's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
2015 CDBG CAPITAL CONTRACT
- 26 - 10/2015
c�rr c
o
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
5. Copies of all invoices and reports submitted to the City for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Project Exhibit are
allowable in accordance with OMB Super Circular 2 C.F.R Part 200. Such records include, but are
not limited to:
a. personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time sheets
must be signed by a supervisor and annotated to document percent of time charged against this
project. Direct salaries and wages of employees chargeable to more than one grant program or other
cost objective(s) must be supported by time distribution records. Timesheets should contain an after
the fact determination of the actual activity of each employee and be annotated to document the time
charged to the project if daily hours being paid for by the respective CDBG award are not noted;
b. staff travel, documentation of mileage charges for private auto use must include: a) destination
and starting location, and b) purpose of trip; 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.
9. Documentation of the solicitation process used to select vendors and subcontractors with original
purchase orders and subcontracts.
10. Documentation required by this Contract if any funds provided under this Project Exhibit are used
to acquire equipment.
11. All records and documentation pertaining to the purchase of the Premises from the bankruptcy
trustee, including but not limited to:
a. Initial purchase offer;
b. Purchase and Sale Agreement;
c. Bankruptcy court proceedings, motions and orders, and determinations of the court, and of the
bankruptcy trustee; and
d. Real estate transaction and closing documents.
12. The Agency shall document the process by which an income - eligible household is selected for
participation in the renovation and subsequent purchase of the Premises.
13. Documentation of determination of income eligibility for households purchasing the Premises.
14. All real estate transaction, closing, and lending documents related to the sale and transfer of the
Premises to income - eligible households.
III. Documentation of Client Income
The Agency shall screen all clients served with funds provided under this Contract and maintain records
documenting that at least 51% of the total number of clients served do not have a gross annual family income
in excess of the limits specified in the below Income Guidelines for Moderate Income Households (80% and
below of median) with the applicable number of Persons Per Household.
The definition of family shall include all persons living in the same household who are related by birth,
marriage, or adoption and includes dependent children living away from home. Adjusted gross income as
defined by the Internal Revenue Service Form 1040 shall be used to determine persons' or households' income.
The following methods may be used to determine income eligibility:
2015 CDBG CAPITAL CONTRACT - 27 - 10/2015
ANS•-- Vecleral Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalwaycom
A. IRS income tax return;
B. Client income certification on a form approved by the City; or
C. Documentation of qualification for participation in a "means- tested" federal or state program at least
as restrictive as CDBG with regard to Income Guidelines.
King County FY 2015 Income Limits Summary
Median
Income
King
County
FY 2015
Income
Limit
Category
1
Person
2
Persons
3
Persons
4
Persons
5
Persons
6
Persons
7
Persons
8
Persons
$89,600
Extremely
Low
(30 %)
Income
Limits
$18,850
$21,550
$24,250
$26,900
$29,100
$32,570
$36,730
$40,890
Very Low
(50 %)
Income
Limits
$31,400
$35,850
$40,350
$44,800
$48,400
$52,000
$55,600
$59,150
Low
(80 %)
Income
Limits
$46,100
$52,650
$59,250
$65,800
$71,100
$76,350
$81,600
$86,900
Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated Income
Guidelines which will be provided by the City.
2015 CDBG CAPITAL CONTRACT
- 28 - 10/2015
CITY OF
Federal Way
IV. Project Budget
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalway. com
The Agency shall apply the following funds to the project in accordance with the Line Item Budget
Summary. The total amount of reimbursement pursuant to this Scope shall not exceed ONE HUNDRED
SIXTY -FIVE THOUSAND DOLLARS AND 00 /100 ($165,000.00).
A. Sources of Funds
City of Federal Way Community
Development Block Grant
$165,000.00
Delta Sponsorship Funds
$200,000.00
Gifts In -Kind: Valspar, Whirlpool
$3,100
Total Project Funds
$15,000.00
$368,100.00
B. Uses of Funds
Real Property Acquisition (City of Federal
Way Community Development Block Grant)
$165,000.00
Construction/Renovation
$174,100.00
Additional Acquisition & Closing Costs
$14,000.00
Bankruptcy Trustee Fee
$15,000.00
Total City of Federal Way Use of Funds:
$165,000.00
Total Other Use of Funds
$203,100.00
Total Project Use of Funds
$368,100.00
A. The City shall reimburse the Agency for satisfactory completion of the requirements specified in the Contract
and this Exhibit, payable in the following manner: the sum, not to exceed ONE HUNDRED SIXTY -FIVE
THOUSAND DOLLARS AND 00 /100 ($165,000.00), shall be paid upon submission of invoices and supporting
documentation by the Agency as set forth in Section IV(A) of this Exhibit.
B. In addition to funding provided under this Contract, the Agency shall secure other public or private funding
totaling $203,100, which shall be sufficient to fully fund total project costs. Total project costs shall be $368,100.
The City shall not advance funds under this Contract until the Agency has secured commitments for all other
financing necessary to meet total project costs. Evidence of these commitments shall be received by this office no
later than October 13, 2015.
C. The Agency shall expend City and other project- committed funds only for purposes directly related to this
project. Unless otherwise agreed to in writing by the City, the expenditure of all such funds shall be strictly in
accordance with the development budget as set forth in this agreement.
2015 CDBG CAPITAL CONTRACT
- 29 - 10/2015
Vecleral Way
V. Project Milestones
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www.cityoffederalway.com
Milestones
Projected Completion Date
Acquisition of Unit
October 2015
Begin Renovation/Construction
October 2015
Complete Renovation/Construction
April 2016
Transfer to and Occupancy of Unit by Eligible Household
June 2016
Operations Start Date (beginning of affordability compliance period)
June 2016
Operations End Date (end of affordability compliance period)
July 2036
VI. Acquisition and Renovation Requirements
A. Acquisition Activities. When using City funds to purchase property, the Agency shall follow sound
standard business practices to ensure that public dollars are appropriately spent. At a minimum, the following
steps shall be taken:
1. Obtain a Member of Appraisal Institute (MAI), Senior Residential Appraiser (SRA), or Residential
Member (RM) appraisal which complies with the Uniform Standards of Professional Appraisal
Practices. If the original appraisal exceeds $2,000,000 or involves income property, obtain a review
appraisal. The City may waive the review appraisal requirement on a case -by -case basis;
2. Submit a copy of the appraisal(s) and purchase agreement to City of Federal Way Community
Services Office prior to requesting reimbursement for the cost of the real property acquisition;
3. Have the closing documents prepared by an attorney or escrow officer;
4. Review the Cost Settlement Statement to ensure that all following costs are eligible subsequent to
closing or possession, whichever is first: recording fees, transfer taxes, documentation stamps, title
certificates, other evidence of title, boundary surveys, penalty costs and charges for repayment of any
preexisting recorded mortgage entered into in good faith encumbering the real property, and the pro rata
portion of any prepaid real property taxes and other charges such as water, sewer, and garbage allocable
to the period; and
5. Submit a copy of the Cost Settlement Statement when requesting funds for the real property
acquisition.
B. Property Construction & Renovation Standards
1. At a minimum, the Premises shall be improved to comply with Section 8 Housing Quality Standards
defined in 24 CFR 982.401.
2. Improvements to the Premises shall meet the current edition of the Model Energy Code published by
the Council of American Building Officials. All substantially rehabilitated housing shall meet
applicable local codes, rehabilitation standards, ordinances, and zoning codes in addition to the cost -
effectiveness standards defined in 24 CFR part 39.
3. The Premises shall meet the accessibility requirements in the regulations referenced in 24 CFR
5.105(a), which implement the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973.
2015 CDBG CAPITAL CONTRACT
- 30 - 10/2015
2015 CE
CITY oc
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
www cityoffederalway com
EXHIBIT B
CERTIFICATION RE: DEBARMENT AND SUSPENSION
SAM Search Results
List of records matching your search for :
Record Status: Active
DUNS Number: 184113270/6
Funchal Area: Entity Manaeement. Performance inforurdios
HABITAT FOR HUMANITY OF SEATTLE -KING COUNTY Suds dive
DUNS: 180132706 +4 CAGE Code: 68U08 DoDAAC:
Expiration Date_ May 17, 2016 Has Active Exclusion ?: No Delinquent Federal Debt?: No
Address: 560 NACHES AVE SW STE 110
City: RENTON StateJProvh : WASHINGTON
ZIP Code: 98057 -2219 Country: UNITED STATES
August 17. 2016 &11 PM Page 1 of 1