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AG 05-117
DATE IN: DATE OUT: TO: 44 cITY OF FEDERAL WAY LAW DEPARTMENT -11 SCANNED REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: CD/HS 2. ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 4-153 3. DATE REQ.BY: 7/05/05 4. TYPE OF DOCUMENT REQUESTED(CHECK ONE) ❑ PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT(E.G.AGREEMENT& ❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND;ASSIGNMENT OF FUNDS IN LIEU OF BOND) ❑ PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT ❑ SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ) (LESS THAN$200,000) ❑ CONTRACT AMENDMENT AG#: (Xc `(/7 ❑ PURCHASE AGREEMENT) ® CDBG (MATERIALS,SUPPLIES,EQUIPMENT) 0 OTHER ❑ REAL ESTATE DOCUMENT 5. PROJECT NAME: KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT 2041 0O CDBG CONTRACT 6. NAME OF CONTRACTOR: KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT ADDRESS: 821 SECOND AVE,SUITE 500,SEATTLE,WA 98104-1598 TELEPHONE 206-205-6443(RANDY POPLOCK) SIGNATURE NAME: JACKIE MACLEAN FOR KC EXEC ITLE DEPT OF COMMUNITY AND HUMAN SERVICES DIRECTOR 7. ATTACH ALL EXHIBITS AND CHECK BOXES ® SCOPE OF SERVICES ® ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: 01/01/05 COMPLETION DATE: 12/31/05 9. TOTAL COMPENSATION$ 270,162 (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: $(REIMBURSES CDBG ADMEN&SUBRECIP) IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY 10. C�O TRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED e PROJECT MANAGER '� / ( j2'bIRECTOR 't' - / /DS ❑ RISK MANAGEMENT ,e1 LAW M P 1 .tD 11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED ,21-LAW DEPARTMENT At I 1 CITY MANAGER ; r7 -� L1 CITY CLERK l-A-C- 1'4 .12-SIGN GO ACK TO ORGINATING DEPT. L 7�iWo j21/ASSIGNED AG# o — t ❑ PURCHASING: PLEASE CHARGE TO: COMMENTS City Council approved 2005 CDBG program and authorized City Manager to enter into agreements at September 7,2004,City Council. Amendments to award funds to ElderHealth instead of MultiCare Adult Day Health on March 1,2005 and contract with Multi-Service Center instead of the Emergency Feeding Program for Emergency Feeding Services on April 5,2005. Documents for review include: (1)the original 2005 King County Contract with two changes to Exhibits requested;(2)Comparison to 2004 King County CDBG Contract;(3)Draft subreci Lent contract with exhibits for each subrecipient agency. e( s) 101A.1.7 er6 Az-64C/ 74Li �� /.��� is w(,( N ' _ �.�..� r �__ ' ' , . RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT • JUL 2 1 Kiin�g County Contract No. D34850 Federal Taxpayer ID No. 91-1462550 Department/Division: Community and Human Services/Community Services Division Agency: City of Federal Way Project Title: 2005 Agreement Contract Amount: $270,162 Fund Code CDBG Contract Period From:* See Exhibits To *Not applicable to capital or multiple exhibit projects KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT-2005 THIS CONTRACT is entered into by KING COUNTY, a political subdivision of the State of Washington (the County), and the City of Federal Way, a municipal corporation, whose address is 33325 8th Avenue South, Federal Way, WA 98063 (the "Agency"). WHEREAS, the County is an Urban County recipient of Community Development Block Grant Program (CDBG) funds under the Housing and Community Development Act of 1974 Public Law 93- 383 as amended (the "HCD Act"), HOME Investment Partnership Program (HOME) funds, under the National Affordable Housing Act of 1990 Public Law 101-625 as amended (the "NAHA"), and Emergency Shelter Grants Program (ESG) funds, under the NAHA. The County allocates Housing Opportunity Funds (HOF) and Regional Affordable Housing Program (RAHP) funds to low-income housing development capital projects and Current Expense ("CX") funds to housing and community development projects in accordance with adopted County ordinances. The County shall use CDBG, HOME, HOF and/or CX funds for the purpose of carrying out eligible community development and housing activities under the HCD Act, the NAHA, regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR Part 92, 24 CFR Part 576 (All CFR references can be found at http://www.access.gpo.gov/nara/cfr/cfr- table-search.html); and adopted County Ordinances (All King County code references can be found at http://www.metrokc.00v/mkcc/Code/index.htm); WHEREAS, an Urban County CDBG Consortium has been established by CDBG interlocal cooperation agreements (ICAs) between the County and certain municipal corporations (Consortium Cities) within the County covering 2003-2005. The terms of the CDBG ICAs specify allocation of CDBG funds by the County to those participating jurisdictions for use in accordance with the County Consolidated Housing and Community Development Plan ("HCD Plan"). The HCD Plan has been adopted by the King County Council, accepted by participating jurisdictions and approved by HUD; WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and certain HOME Consortium Cities covering 2003-2005, the terms of which specify allocation of HOME funds and ESG funds by the County for use in accordance with the HCD Plan which has been adopted by the King County Council, accepted by participating jurisdictions and approved by HUD; WHEREAS, the County desires to award certain funds to the Agency for use as described in this Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as applicable under the HCD Act, the NAHA, HUD regulations, State laws and/or adopted County ordinances; This form is available in alternate formats for people with disabilities, upon request. City of Federal Way Page 1 of 39 2005 HCD Contract WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the HCD Act, NAHA, HUD Regulations, State law and County ordinances are adhered to, as provided for herein; WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the Agency, as the parties in this Contract, in implementing such eligible activities under the laws and regulations that pertain to the funds awarded in this Contract; WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of the following: County ordinance, the HCD Act, the NAHA, RCW Chapter 39.34, RCW Chapter 35.21.730 et seq., by the Constitution and the enabling laws of the State of Washington; NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this Contract. KING COUNTY: CITY OF FEDERAL WAY: • FOR / Kin.runty Execu Si nature n 0 c David H. Moseley, City Manager Date NAMEPleas ( e type or print) q/49,1*-- Date Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY December 17, 2004 AP'R•VEDA , Te •RM: IP / ,/ Amricia A. arson, i y Attorney ATTES • City lerk, N. ris a Green, CMC City of Federal Way Page 2 of 39 2005 HCD Contract • • INDEX TO CONTRACT PART 1 - GENERAL CONDITIONS Scope of Contract XIX. Conflict of Interest II. Duration of Contract XX. Political Activity Prohibited III. Compensation and Method of Payment XXI. Equipment Purchase, Maintenance, IV. Budget and Ownership V. Internal Control and Accounting System XXII. Notices VI. Maintenance of Records XXIII. Proprietary Rights VII. Audits XXIV. Contract Amendments VIII. Evaluations and Inspections XXV. King County Recycled Product IX. Corrective Action Procurement Policy X. Assignment XXVI. Entire Contract/Waiver of Default XI. Termination XXVII. Miscellaneous Provisions XII. Future Support XXVIII.Supplanting XIII. Hold Harmless and Indemnification XXIX. Drug-Free Workplace Certification XIV. Insurance Requirements and Other Federal Requirements XV. Nondiscrimination and Equal XXX. Constitutional Prohibition Employment Opportunity XXXI. Compliance with Health Insurance XVI. Nondiscrimination in Subcontracting Portability Accountability Act of Practices 1996 (HIPAA) XVII. Section 504 and Americans with XXXII. Services Provided in Accordance with Disabilities Act Law and Rule and Regulation XVIII. Subcontracts and Purchases XXX III.Confidentiality PART 2 —ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS Term of Compliance I I. Promissory Note, Deed of Trust and Covenant III. Property Management IV. Taxes and Licenses V. Procedure in the Event of Casualty/Condemnation VI. Anti-Displacement and Relocation Assistance VII. Affirmative Marketing VIII. Environmental Review IX. Accessibility X. Labor Standards Xl. Employment Opportunities on Assisted Construction Projects XII. No Benefit to Owners and Developers of Assisted Housing City of Federal Way Page 3 of 39 2005 HCD Contract EXHIBIT ATTACHED HERETO I Certificate of Insurance II Federal Way CDBG Program Administration C05375 D34850A $67,753 CDBG III Federal Way Big Brothers Big Sisters Mentoring Program D34850B $17,124 CDBG C05118 IV Federal Way CHCKC Dental Support C05393 D34850C $13,313 CDBG V Federal Way YMCA CARES Child Care Subsidy C05406 D34850D $32,398 CDBG VI Federal Way Senior Center—Adult Day Care C05258 D34850E $11,606 CDBG VII Federal Way PACT (Parents and Children Together) D34850F $12,813 CDBG C05259 VIII Federal Way MultiCare Health System -Adult Day Health D34850G $10,000 CDBG C05139 IX Federal Way MSC Employee Development Services D34850H $95,155 CDBG C05578 X Federal Way Multi-Service Center Emergency Feeding D34850I $10,000 CDBG Program C05257 PART 1 - GENERAL CONDITIONS I. SCOPE OF CONTRACT A. Scope The Contract between the parties shall consist of the signature page, each Part, each Program/Project Exhibit (Exhibit) incorporated into the Contract, all matters and laws incorporated by reference herein, and any written amendments made in accordance with the provisions contained herein. This Contract supersedes any and all former agreements regarding projects described in the attached Project/Program Exhibit(s). In the event that there is a difference between any of the language contained in this Contract and any of the language contained in any Project/Program Exhibit in this Contract, the language in this Contract shall control the language contained in the Project/Program Exhibit, unless the parties affirmatively agree to the contrary in writing. Any agreed to changes wherein Project/Program Exhibit language takes precedent over this Contract shall be reviewed and approved by the King County Prosecuting Attorney's Office. This Contract shall govern both (1) Service Projects (human service, planning, program administration and micro-enterprise) and (2) Capital Projects (acquisition, improvement, and rehabilitation of real property and construction or reconstruction of public infrastructure). The two types of activities may be included in one Contract as separate Project/Program Exhibit(s) of Services. B. Mandatory Certifications The Agency certifies that it shall comply with the provisions of Part 1, Sections XV, XVII, XIX and XX of this Contract. If the Agency is a municipal corporation or agency of the State of Washington, King County Code chapters 12.16, 12.17, 12.18 and 12.20 City of Federal Way Page 4 of 39 2005 HCD Contract • • do not apply to the municipal corporation or state agency, but would apply to any subcontractor of a state agency and municipal corporation. C. Contact Person King County and the Agency shall each designate a contact person for each Project/Program Exhibit incorporated in this Contract. All correspondence, reports, and invoices shall be directed to the designated contact person. This provision does not, however, supplant or override Section XXII, Notices. D. Federal Funds The term "federal funds" as used herein means CDBG funds, HOME funds and/or ESG funds. The specific types of funds provided under this Contract are specified in Part 3, attached Project/Program Exhibit(s). E. This section applies to all capital projects using federal funds that are not exempt under 24 CFR Part 58. Notwithstanding any provision of this contract, the parties hereto agree and acknowledge that this contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned upon King County's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. The agency shall not spend any funds on physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance. Violation of this provision shall result in the denial of any funds under this contract. II. DURATION OF CONTRACT The terms of this Contract shall be in effect from the Start Date (as defined in the Project/Program Exhibit(s), or the date of execution of this Contract, whichever is earlier, until the Termination Date specified in each Project/Program Exhibit, unless extended to a later date or terminated earlier, pursuant to the terms and conditions of the Contract. Ill. COMPENSATION AND METHOD OF PAYMENT The County shall reimburse the agency only for the approved activities specified in each Project/Program Exhibit and the reimbursement amount shall not exceed the amount specified in each Project/Program Exhibit. Reimbursements will be payable in the following manner: A. Start Date and End Date Start Dates and End Dates for individual projects shall be specified in each Project/Program Exhibit, except as provided in each Program/Project. Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will not be reimbursed. B. Submission of Invoices, Supporting Documentation and Reports City of Federal Way Page 5 of 39 2005 HCD Contract • • The Agency shall submit an invoice, supporting documentation for costs claimed in the invoice and all reports as specified in each Project/Program Exhibit or the County may not process the invoice. Supporting documentation for costs claimed in the invoice include but is not limited to, purchase orders and bills. The County shall pay the agency within 30 days following the County's approval of a complete and correct invoice, supporting documentation and reports. C. Final Invoice for Service Projects The Agency shall submit its final invoice for each Project/Program Exhibit providing funding for Service Projects within seven business days after the End Date. The Agency shall submit all outstanding reports for each Project/Program Exhibit providing funding for Service Projects within 30 business days after the End Date. If the Agency's final invoices, supporting documentation, and reports are not submitted by the last date specified in this subsection, the County shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the County may elect to pay any invoice that is not submitted in a timely manner. D. Final Invoice for Capital Projects Unless provided otherwise in the Project/Program Exhibit(s), the Agency shall submit its final invoice, supporting documentation, and all outstanding reports for each Project/Program Exhibit providing funding for Capital Projects before the End Date specified in the Project/Program Exhibit(s). If the Agency's final invoices, supporting documentation, and reports are not submitted by the date specified in this subsection, the County shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the County may elect to pay any invoice that is not submitted in a timely manner. E. Return of Unspent County Funds On or before the End Date specified in each Project/Program Exhibit, for individual projects covered by this Contract, the Agency shall transfer to the County any unexpended and unencumbered funds provided under this contract that are on hand and any accounts receivable attributable to the use of County funds. Projects using federal funds shall also comply with subsections F, G, H and I. F. Municipal Corporations or State Public Agencies If the Agency is a municipal corporation or an agency of the State of Washington, costs for which the Agency requests reimbursement shall comply with the policies, guidelines, and requirements of OMB Circular No. A-87, "Cost Principles For State, Local and Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at 24 CFR Part 570.502(a) Applicability of Uniform Administrative Requirements, unless otherwise provided in the Project/Program Exhibit(s). City of Federal Way Page 6 of 39 2005 HCD Contract • • G. Nonprofit Corporations If the Agency is a nonprofit corporation, costs for which the Agency requests reimbursement shall comply with, unless otherwise provided in the Project/Program Exhibit(s), the policies, guidelines and requirements of OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, identified at 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. H. Excess Federal Funds CDBG and/or HOME funds on hand shall not exceed $5,000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. I. Program Income The Agency shall report all CDBG and HOME Program Income, as defined in 24 CFR Part 570.504(c), 24 CFR Part 92.503 and in the Interlocal Cooperation Agreements, generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. Program Income is to be returned to the County unless the County specifies that it may be retained by the Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a project(s), the Agency shall comply with all provisions of this Contract in expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination Section. IV. BUDGET The Agency shall apply the funds received from the County under this Contract in accordance with the line item budget set forth in each Project/Program Exhibit. The Agency shall request in writing prior approval from the County to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of ten percent of a line item amount shall be reviewed and approved or denied by the County in writing. 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 reporting standards as prescribed by the appropriate accounting standards board. 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 City of Federal Way Page 7 of 39 2005 HCD Contract • • necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract, including all records specified in each Project/Program Exhibit. B. Time for retention of Records Records required to be maintained in subsection A above shall be maintained for a period of six years after the Termination Date, unless a different period for records retention is specified in the Project/Program Exhibit. C. Location of Records/Notice to County The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten working days of any such relocation. Projects using federal funds shall also comply with subsections D, E, F, G, H, I, J, K and L. D. Federal Exceptions to Retention Requirements Exceptions to the six year retention period are as follows: (1) Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and (2) The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. E. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR Part 85.20 and the U. S. Office of Management and Budget ("OMB") Circular A-87 for governmental agencies, 24 CFR Part 84.21 and OMB Circular A-122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. F. Tenant Notification and Relocation Records If the Agency is acquiring property with existing tenants, Agency record keeping for tenant notification and relocation must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform Relocation Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload must be kept. G. Acquisition Records If the Agency is using funds under this Contract for property acquisition, the Agency must maintain a separate acquisition file for each acquisition process documenting compliance with Uniform Relocation Act regulations at 49 CFR Part 24, including a notice of voluntary sale. H. Beneficiary Records City of Federal Way Page 8 of 39 2005 HCD Contract • • The Agency agrees to maintain racial, ethnic, disability status, single head of household, household income, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Contract if required in a Project/Program Exhibit. I. Labor Standards If the Agency is using funds under this Contract for construction work, the Agency shall maintain records documenting compliance by all construction contractors with the labor standards as required under 24 CFR Part 570.603 for CDBG funds and 24 CFR Part 92.354 for HOME funds. J. Other Construction Records The Agency and all of its contractors shall maintain records and information necessary to document the level of utilization of state certified small, minority and women owned businesses, and other businesses as subcontractors and suppliers under this Contract. The Agency shall also maintain all written quotes, bids, estimates or proposals submitted by the Contractor and any and all businesses seeking to participate in this Contract. The Agency shall make such documents available to the County for inspection and copying upon request. K. Employment Records If the Agency is a municipal corporation or an agency of the State of Washington, it agrees to maintain the following data for each of the Agency's operating units funded in whole or in part with CDBG funds provided under this Contract: 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO-4 form; and 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. L. Records Regarding Remedy of Past Discrimination The Agency shall maintain documentation of the affirmative action measures the Agency has taken to overcome prior discrimination if a court or HUD has found that the Agency has previously discriminated against persons on the grounds of race, color, national origin or sex in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. VII. AUDITS A. Nonprofit Corporations 1. The Agency shall provide the County with a copy of its IRS Form 990 (Return of Organization Exempt from Tax) when requested. 2. The Agency shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally City of Federal Way Page 9 of 39 2005 HCD Contract • • accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circulars A-21, A- 87, A-102, A-122 and A-133 as amended and as applicable. The Agency shall provide to the County a copy of the audit report including any management letter or official correspondence submitted by the auditor, its response and Corrective Action Plan for all findings and reportable conditions contained in its audit. These documents shall be submitted not later than six months subsequent to the end of the Agency's fiscal year. B. Municipal Corporations If the Agency is a municipal corporation in the State of Washington, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt, which submittal shall constitute compliance with subsection VII.B. C. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is 14.218. The CFDA number for the HOME Program is 14.239. The CFDA number for the ESG Program is 14.231. D. Additional federal and/or state audit or review requirements, may be imposed on the County, 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, including those of any subcontractor to the County, the State, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the activities funded under this Contract. The County shall give advance notice to the Agency in the case of fiscal audits to be conducted by the County. B. Time for Inspection and Retention The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after the Termination Date, unless a different period is specified in the Project/Program Exhibit or a longer retention period is required by law. C. Agreement to Cooperate The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. IX. CORRECTIVE ACTION A. Default by Agency City of Federal Way Page 10 of 39 2005 HCD Contract • • If the County determines that a breach of Contract has occurred because the Agency failed to comply with any material terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to in any Project/Program Exhibit attached hereto, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: 1. The County 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 County within ten business days from the Agency's receipt of the County's notice under this Section. The Corrective Action Plan shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall not be more than 30 days from the date the County receives the Agency's Corrective Action Plan, unless the County, in its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions. 3. The County shall notify the Agency, in writing of the County's determination as to the sufficiency of the Plan. The County shall have sole discretion in determining the sufficiency of the Agency's Corrective Action Plan. B. Termination of Contract In the event that the Agency does not respond within the appropriate time with a Corrective Action Plan, or the Agency's Corrective Action Plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Part 1, Section XI.B; C. County Withholding of Payment In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and D. No Waiver of Other Remedies Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Part 1, Section 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 County. Additional terms for County consent to such Assignment may be described in a Project/Program Exhibit. Said consent must be sought in writing by the Agency not less than 15 business days prior to the date of any proposed assignment. The Agency shall deliver to the County with its request for consent to such assignment, such information regarding the proposed assignee, including the proposed assignee's mission, description of the proposed assignee's legal status, and financial and management capabilities as is reasonably City of Federal Way Page 11 of 39 2005 HCD Contract • • available to the Agency. Within 15 days after such request for consent to such assignment, King County may reasonably request additional available information on the proposed assignee. If the County shall give its consent to any assignment, this Section shall nevertheless continue in full force and effect. Any assignment without prior County consent shall be void. XI. TERMINATION A. Termination for Convenience 1. This Contract may be terminated by the County without cause, in whole or in part, prior to the Termination Date specified in the Project/Program Exhibit, by providing the Agency 30 days advance written notice of the termination. 2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in any way prior to the Termination Date set forth in the Project/Program Exhibit, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. 3. If the Contract is terminated as provided above: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. B. Termination for Cause 1. The County may terminate this Contract, in whole or in part, upon seven days advance 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 County; or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. 2. If the County terminates the Contract pursuant to this section, the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. 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 County immediately, any funds, misappropriated or unexpended, which have been paid to the Agency by the County. 4. If County expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Part I Section II, the County may, upon written notification to the Agency, terminate this Contract in whole or in part. 5. If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency City of Federal Way Page 12 of 39 2005 HCD Contract • • shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. 6. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. C. Waiver Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract at law or in equity that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. Agency is an Independent Contractor In providing services under this Contract, the Agency is an Independent Contractor, and neither it, nor its officers, agents or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County, 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 County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination Sections. C. Agency Indemnification of County 1. This subsection applies to all non-state agencies. The Agency shall protect, defend, indemnify, and save harmless the County, their officers, employees, and City of Federal Way Page 13 of 39 2005 HCD Contract • • agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, contractors, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this contract. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects to the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of RCW, Title 51. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and indemnify King County, as detailed in Part I, Section XVIII, the Agency shall protect, defend, indemnify and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from the negligent act or omissions of the Agency's contractor/subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. 2. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. 3. The Agency agrees not to perform any acts that include, but are not limited to, use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, that constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. The Agency agrees to indemnify the County for any harm resulting from unfair trade practices. 4. The provisions in this section shall survive the termination and/or duration of the contract term. • 5. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. 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, employees, and/or contractor/subcontractors. The Agency or contractor/subcontractor shall pay the costs of such insurance. The Agency shall furnish separate certificates of insurance and policy endorsements from each contractor/subcontractor as evidence of compliance with the insurance requirements of this Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, City of Federal Way Page 14 of 39 2005 HCD Contract s • contractor/subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this contract. Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. B. Risk Assessment by Agency By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract, nor shall such minimum limits be construed to limit the limits available under any insurance coverage obtained by the Agency. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. C. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. General Liability Insurance Services Office form number (CG 00 01 Ed. 11-88 or its equivalent) covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability, Errors, and Omissions Coverage In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require a professional standard of care. 3. Automobile Liability Insurance Services Office form number (CA 00 01 or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. City of Federal Way Page 15 of 39 2005 HCD Contract • • 6. Property Insurance Insurance Services Office form number (CP 00 10 Ed. 10-90) covering BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office form number (CP 10 30 Ed. 10-90) CAUSES OF LOSS—SPECIAL FORM or project appropriate equivalent. 7. Builder's Risk/Installation Floater The Contractor shall procure and maintain during the life of the Contract, or until acceptance of the project by King County, whichever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss—Special Form) including coverage for collapse, theft and property in transit. The coverage shall insure for direct physical loss to property of the entire construction project, for one hundred percent of the replacement value thereof. The policy shall be endorsed to cover the interests, as they may appear, of King County, Owner, Contractor and subcontractors of all tiers with King County listed as a loss payee. D. Minimum Limits of Insurance—Capital Projects The Agency shall maintain limits no less than, for: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage; and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the Aggregate. 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage if the use of motor vehicles is contemplated 4. Workers' Compensation: Statutory requirements of the state of residency. 5. Stop Gap /Employers Liability: $1,000,000. 6. Property Insurance: One hundred percent replacement value of funded structure. E. Minimum Limits of Insurance--Building Construction Period Prior to commencement of building construction and until construction is complete and approved by the Agency, the Agency shall cause the construction contractor and related professionals to procure and maintain insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the activities related to this Contract. The Agency and County shall be a named as additional insureds on liability policies except Workers Compensation and Professional Liability and as Named Insureds on Builders Risk policies. The cost of such insurance shall be paid by the Agency and/or any of the Agency's contractors/ subcontractors. The Agency shall maintain limits no less than, 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 City of Federal Way Page 16 of 39 2005 HCD Contract • • 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate 4. Builder's Risk Insurance: One hundred percent replacement cost value. 5. Workers Compensation: Statutory requirements of the State of residency. 6. Stop Gap or Employers Liability Coverage: $1,000,000. F. Minimum Limits of Insurance—Services Agreements: The Agency shall maintain limits no less than, 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. Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects and Services Contracts. G. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. H. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. All Liability Policies except Professional and Workers Compensation a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency/Contractor in connection with this Contract. Such coverage shall include Products-Completed Operations. b. To the extent of the Agency's/Contractor's negligence, the Agency's/ Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or City of Federal Way Page 17 of 39 2005 HCD Contract • • agents shall not contribute with the Agency's insurance or benefit the Agency in any way. c. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. Property Coverage Policies a. The County shall be added to all Property Coverage Policies as a loss payee as its interests may appear. b. The County shall be added as a Named Insured as their interests may appear to all Builders Risk policies 3. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County. I. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. J. Verification of Coverage The Agency shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. K. Subcontractors The Agency shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by contractors/subcontractors, as evidence of compliance with the insurance requirements of this Contract, shall be subject to all of the requirements stated herein. L. Municipal or State Agency Provisions City of Federal Way Page 18 of 39 2005 HCD Contract • • If the Agency is a municipal corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self- insurance shall be provided for the self-insured requirements and attached hereto and be incorporated by reference and shall constitute compliance with this Section. If the certificate of self-insurance does not cover all mandatory requirements, the Agency shall provide separate certificates and endorsements that document coverage. XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. B. Domestic Partner Benefits (Non-discrimination in Benefits) King County's Domestic Partner Benefits Ordinance 14823 or its successor prohibits County contractors from discrimination in the provision of employee benefits between employees with spouses and employees with domestic partners. "Employee benefits" are defined as the provision of bereavement leave; disability, life and other types of insurance; family medical leave; health benefits; membership discounts; moving expenses; pension and retirement benefits; travel benefits; and other benefits given to employees, but excludes benefits to the extent that the application of the ordinance may be preempted by federal or states law. If agency fails to comply fully with the ordinance it shall be deemed in material breach of this Contract. C. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. D. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, KCC 12.17, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, 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. E. Small Business and Minority and Women Business Enterprise Opportunities • City of Federal Way Page 19 of 39 2005 HCD Contract King County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses, attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs. 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including M/WBEs. 5. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. 6. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at 360- 753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. F. Equal Employment Opportunity The Agency shall implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance. G. Fair Employment Practices King County Code Chapter 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment. 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any City of Federal Way Page 20 of 39 2005 HCD Contract • • guidance program, apprenticeship training program, or other occupational training program; 3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4. Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 5. Employer, employment agency or a labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; 6. Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. H. Record-Keeping Requirements and Site Visits The Agency shall maintain, for at least six years after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by City of Federal Way Page 21 of 39 2005 HCD Contract • S the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. I. 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. J. Reporting 1. Unless the Agency is a municipal corporation, the Agency entering into a contract or agreement with King County valued at $25,000 or more shall submit with this Contract a Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. Subject to the provisions of KCC Chapter 12.16.060, the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted. 2. The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an Affidavit of Compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in accordance with paragraph A of this Section XV. The Agency shall complete the Affidavit of Compliance provided by the County and attach the original, notarized, completed form to this Contract. Subject to the provisions of KCC Chapter 12.16.060, the Agency's Affidavit of Compliance shall be effective for two years after the date on which the report was submitted. If the Agency engages in unfair employment practices as defined above, remedies as set forth in KCC Chapter 12.18 shall be applied. K. Fair Housing Protections The Agency shall comply with the federal Fair Housing Act, Public Law 90-284 (42 USC 3601 et seq.) The Agency shall take necessary and appropriate actions to prevent discrimination in any housing-related project under this contract, which includes rental housing projects and/or projects that include residential real estate- related transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential real estate-related transactions include the making or purchasing of loans or the provision of financial assistance secured by real estate, or the making or purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or maintaining of a dwelling. Rental housing includes any dwelling which is intended for occupancy as a residence for one or more families by lease, sublease or by grant for a consideration of the right to occupy premises not owned by the occupant. In addition, except for projects located in incorporated jurisdictions, the Agency shall City of Federal Way Page 22 of 39 2005 HCD Contract • • comply with the provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits practices of housing discrimination against any person on the basis of age, ancestry, color, disability, marital status, national origin, parental status, possession of Section 8 housing assistance, race, religion, retaliation, sex, and sexual orientation. Projects using federal funds shall also comply with subsections L, M, and N below. L. Additional Federal Nondiscrimination Requirements The Agency shall comply with all applicable federal laws prohibiting discrimination, including the following: 1. Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107; 2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301); 3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. M. Prohibited Discriminatory Actions. 1. The Agency may not, under any program or activity to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include but are not limited to the following: a. Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity. b. Denying any person services due to limited English proficiency. c. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity. d. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity. e. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. f. Treating any person differently from others in determining whether the per- son satisfies any admission, enrollment, eligibility, membership, or other City of Federal Way Page 23 of 39 2005 HCD Contract • • requirement or condition which individuals must meet in order to be pro- vided 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. N. 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. XVI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES Projects using federal funds shall comply with the following requirements. A. Federal Requirements In soliciting subcontractors to supply goods or services for the activities under this Contract, the Agency shall comply with 24 CFR Part 85.36(e) as amended if the Agency is a municipal corporation or an agency of the State of Washington, and 24 CFR Part 84.44(b)(1)-(5) if the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take all necessary affirmative steps to assure M/WBEs and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include those actions specified above in this Section of the Contract. B. Nondiscrimination in Federally Assisted Construction City of Federal Way Page 24 of 39 2005 HCD Contract • The Agency shall also require compliance with Executive Order 11246 as amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for construction projects over $10,000. XVII. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA) If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended (504) and the ADA. The Agency warrants and represents that it has completed a 504/ADA Disability Assurance of Compliance and shall submit it to the County. Such Assurance of Compliance is attached to this Contract and is incorporated herein by this reference. XVIII. SUBCONTRACTS AND PURCHASES A. Subcontract Defined "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. B. Writing Required Any work or services assigned or subcontracted hereunder shall be in writing and must be approved by the County as provided in Section X. The Agency agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and their employees and agents, as it is for the acts and omissions of its own employees and agents, as defined in Part 1, Section XIII.C. C. Required Contract Terms The Agency shall include the applicable provisions of Part 1, Sections XIV, XV.A-G, XVI. and XVII in every subcontract or purchase order for goods or services which are paid for in whole or in part with funds provided under this Contract. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services, which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." Projects using federal funds must also comply with subsections D, E, F, G and H. D. Debarred Contractors City of Federal Way Page 25 of 39 2005 HCD Contract • The Agency shall not make any award at any time to any contractor, which is debarred, suspended or excluded, from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension". E. Subcontracting Requirements An Agency which receives federal funds under this Contract also shall include the following Sections in every subcontract or purchase order for goods and services which are paid for in whole or in part with funds provided under this Contract: Part 1, Sections XIII.B, XIV.J, XV.H-I, and XIX.B and, if the subcontract is for construction, Part 2, Sections X and Xl. F. Federal Procurement Requirements If the Agency is a municipal corporation or an agency of the State of Washington, it agrees to comply with procurement requirements specified in 24 CFR Part 85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR Part 84.40 through .48 or as otherwise provided in the Project/Program Exhibit. The regulations at 24 CFR Part 85.36 (b) through (g) and 24 CFR Part 84.40 through .84.48, require that all goods and services, irrespective of cost, be procured using a competitive process. G. Federal Bid Guarantee and Bond Requirements If the Agency is subcontracting construction work under this Contract, the subcontract shall require for any construction contracts exceeding $100,000: (a) a bid guarantee from each bidder equivalent to five percent of the bid price; (b) a performance bond from the contractor for one hundred percent of the contract price; and (c) a payment bond from the contractor for one hundred percent of the contract price. The Agency may, at its discretion, require any of these requirements on construction contracts of less than $100,000. The specific requirements for bid guarantees and bonds are at 24 CFR Part 84.48(c) for nonprofit corporations and 24 CFR Part 85.36(h) for municipal corporations and agencies of the State of Washington. H. Failure to Comply is Default Failure by the Agency to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. XIX. CONFLICT OF INTEREST A. King County Code Incorporated Herein King County Code Chapter 3.04 on Employee Code of Ethics is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said King County Code Chapter 3.04 shall be a material breach of contract. This section shall not apply to state agencies or to an Agency that is a municipal corporation, which has adopted an employee code of ethics. 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 City of Federal Way Page 26 of 39 2005 HCD Contract • • connection with the activities funded in whole or in part under this Contract, herein, or any other person who presently exercises any functions or responsibilities in connection with the activities funded herein, shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. C. Non-Disclosure is Grounds for Termination If the Agency violates the above provisions or does not disclose other interests required to be disclosed pursuant to King County Code Chapter 3.04, or if the Agency is a municipal corporation which has adopted an employee code of ethics, and violates the adopted employee code of ethics, the County shall not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Part 1, Section XI, as well as any other right or remedy provided in this Contract or law. XX. POLITICAL ACTIVITY PROHIBITED A. No Partisan Activity None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. All Projects using federal funds shall also comply with the following subsection: B. Certification Regarding Lobbying The Agency certifies, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. City of Federal Way Page 27 of 39 2005 HCD Contract • • This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XXI. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. Equipment over $1,000 The Agency agrees that any equipment purchases, in whole or in part, with Contract funds at a cost of$1,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. Maintenance of Equipment The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. C. Equipment Returned The Agency shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. Right of Access The Agency shall admit the County's Property Management Officer to the Agency's premises for the purpose of marking such property with County property tags. E. Maintenance of Records The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. Projects using federal funds shall also comply with the following Subsection: F. Disposition of Equipment If the Agency ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR Part 570.502(b)(3)(vi), if the Agency is a nonprofit corporation and 24 CFR Part 570.502(a) and 24 CFR Part 85.32(e) if the Agency is a municipal corporation or an agency of the State of Washington. The Agency agrees that it will contact the County for instructions prior to disposing of, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. City of Federal Way Page 28 of 39 2005 HCD Contract • • XXII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing; and directed to the Chief Executive Officer of the Agency and the Director of the County Department of Community and Human Services. Any time within which a party must take some action shall be computed from the date that said party receives the notice. XXIII. PROPRIETARY RIGHTS A. The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency, which are modified for use in the performance of this Contract. B. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency, which are modified for use in the performance of this Contract. C. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency that are not modified for use in the performance of this Contract. XXIV. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Contract. Budget revisions approved by the County pursuant to Part I, Section IV are not required to be incorporated by written amendment. XXV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled paper, the Agency may notify the County, which may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract. )(XVI. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent City of Federal Way Page 29 of 39 2005 HCD Contract • • default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXVII. MISCELLANEOUS PROVISIONS A. Severability If any term or provision of this Contract or an application of any term or provision to any person or circumstance is invalid or unenforceable, the other terms or provisions of this Contract, or the application of the term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and will continue in full force. B. Cumulative Remedies No provision of this Contract precludes the County from pursuing any other remedies for the Agency's failure to perform its obligations. C. Municipal Corporation This Contract is for the benefit of the named parties only, and no third party shall have any rights thereunder. XXVIII. SUPPLANTING A. Nonprofit Corporation If the Agency is a nonprofit corporation providing public (human) services under this Contract with CDBG and/or ESG funds and the Agency received non-federal funds from King County ("local funds") to provide the same services 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. B. Municipal Corporation If the Agency is a municipal corporation, any federal CDBG Funds made available under this Contract to provide public (human) services shall not be utilized by the Agency to reduce or replace the local financial support currently being provided to public (human) service programs. XXIX. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS A. Drug-Free Workplace Certification The Agency certifies that it is in compliance with the Drug-Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 CFR part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract of any other federal requirements, which apply to the award, and expenditure of the federal funds made available by this Contract is City of Federal Way Page 30 of 39 2005 HCD Contract • • 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 USC. Chapter 15) regarding political activities. XXX. CONSTITUTIONAL PROHIBITION 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. The following restrictions and limitations apply to the use of CDBG, HOME and ESG funds: A. An Agency may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the assistance funded under this Contract. If the Agency conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance. B. In performing under this Contract, the Agency shall not discriminate a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; C. CDBG, HOME or ESG funds may be used to rehabilitate or construct facilities and housing owned by primarily religious organizations only to the extent those structures are used for conducting eligible activities consistent with 24 CFR 570.200, 24 CFR 92.257, and 24 CFR part 576.23. XXXI. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C. 3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protected health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report to King County any use or disclosure of protected health information not allowed under this contract, or security incident, within two days of the agency's knowledge of such event. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by City of Federal Way Page 31 of 39 2005 HCD Contract S the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. 8. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. 9. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. 2. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. XXXII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder, the Basic Interagency Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as City of Federal Way Page 32 of 39 2005 HCD Contract • • • applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. XXXIII. 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. City of Federal Way Page 33 of 39 2005 HCD Contract • • PART 2—ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS The provisions of this Part 2 are applicable to Project/Program Exhibit(s), which provide funding for Capital Projects. For Project/Program Exhibit(s) which provide funding for the construction or reconstruction of public infrastructure, the only provisions of Part 2 that apply are: Sections V, VI, VIII.A, IX, X and Xl. TERM OF COMPLIANCE The Agency shall own and operate the project during the Compliance Period as defined in the Program/Project Exhibit. II. PROMISSORY NOTE, DEED OF TRUST AND COVENANT The Agency agrees that funding provided under this Contract for the acquisition, construction, improvement and/or rehabilitation of real property owned by the Agency is a loan from the County to the Agency. The Agency agrees to promptly execute a promissory note, deed of trust and covenant, in a format approved by the County, if required in a Project/Program Exhibit. The Agency agrees that for real property, which is leased by the Agency and assisted under this Contract, the Agency shall obtain a covenant from the owner of the real property in a form approved by the County, if required in a Project/Program Exhibit. III. PROPERTY MANAGEMENT The Agency shall engage in sound property and program management practices and at all times operate and maintain the Premises in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations covering health and safety issues in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without any notice of requirement or requirements from the County, and that the County does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall throughout the term of this Contract, without cost or expense to the County, keep and maintain the Premises and all improvements, landscaping, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for reasonable wear and tear, at all times preserve the Premises in good and safe repair. If, after 30 days notice from the County, the Agency fails to maintain or repair any part of the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but shall not be obligated to, enter upon Premises and perform such maintenance or repair and the Agency agrees to pay the costs thereof to the County upon receipt of a written demand. IV. TAXES AND LICENSES The Agency shall pay throughout the term of this Contract, all applicable taxes, and all licenses and excise fees covering the ownership and operations of the Premises. City of Federal Way Page 34 of 39 2005 HCD Contract F • • V. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION A. In the event that all or any portion of the Premises is taken or conveyed as a result of any condemnation proceeding or damaged as a result of any casualty, the County and the Agency agree that the proceeds of any condemnation or casualty affecting the Premises shall be made available for the repair or restoration of the real property if the County and the Agency in their reasonable judgment agree that: (1) repair or restoration of the real property is feasible and that sufficient funds are available to complete such work; (2) after the completion of work, the real property can be feasibly operated within the restrictions and requirements of the Project/Program Exhibit; and (3) more than two years remain after the completion of the work until the end of this Contract. B. The County and the Agency shall meet as necessary to discuss in good faith the rebuilding or repair of the real property and reach a decision with respect thereto within 60 days after the occurrence of the casualty or condemnation. If the parties cannot in good faith agree to repair or restore the real property as provided above, then any proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first to satisfy the County's lien. The balance of the proceeds shall be paid to the Agency. VI. ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE The Agency shall at all times comply with all applicable federal, state, and local laws, statutes, rules and regulations relating to relocation of those persons and households residing at the Premises prior to occupancy by Tenants. The Agency shall be solely responsible for the cost of all relocation benefits required by law. Capital Projects using federal funds shall also comply with the following subsection: Federal Acquisition and Relocation Requirements. Implementation of any project provided for in this Contract will be undertaken so as to minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to the greatest extent feasible. The Agency shall comply with the following: A. Any acquisition of real property by the agency for any activity assisted under this Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24. B. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Contract shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part 24 as amended, and the County's Residential Anti-displacement and Relocation Assistance Plan required by federal regulations at 24 CFR Part 570.606(c), and adopted by the County Council as part of the HCD Plan. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by the King County Residential Anti-displacement and Relocation Assistance Plan. C. When any lower-income dwelling units are demolished or converted to a use other than a lower-income dwelling unit, in connection with an activity assisted under this Contract with federal funds, the units must be replaced on a one-for-one basis. Lower- income dwelling units are defined as a dwelling unit with a market rent (including utility costs) that does not exceed the applicable Fair Market Rent (FMR) for existing housing as established by HUD and published annually, pursuant to 24 CFR Part 888. The City of Federal Way Page 35 of 39 2005 HCD Contract • Agency must comply with the one-for-one replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR Part 570.606. VII. AFFIRMATIVE MARKETING A. Federal Marketing Requirements Each Agency must adopt affirmative marketing procedures and requirements for projects containing five or more housing units funded with CDBG and/or HOME funds. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing. (The affirmative marketing procedures do not apply to families with housing assistance provided by the Public Housing Authority or families with tenant based rental assistance provided with HOME funds.) The County shall annually assess the Agency's affirmative marketing program to determine the success of affirmative marketing actions and any necessary corrective actions. B. The affirmative marketing requirements and procedures adopted must include: 1. Methods for informing the public, owners, and potential tenants about federal fair housing laws and the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups; 2. Requirements and practices the Agency must adhere to in order to carry out the participating jurisdiction's affirmative marketing procedures and requirement (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster); 3. Procedures to be used by the Agency to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, language interpreters, places of worship, employment centers, fair housing groups, or housing counseling agencies); 4. Records must be kept describing actions taken by the Agency to affirmatively market units and records to assess the result of these actions; and 5. A description of how the Agency shall assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. VIII. ENVIRONMENTAL REVIEW Capital Projects using federal funds shall also comply with subsections A, B, C and D. A. Environmental Policy Act The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities identified therein. The Agency shall be solely responsible for the cost of compliance with all such Federal laws and authorities including the cost of preparing City of Federal Way Page 36 of 39 2005 HCD Contract • • plans, studies, reports and the publication of notices that may be required. The Agency and its contractors shall not take any actions inconsistent with 24 CFR Part 58. B. National Flood Insurance The use of CDBG and HOME funds for acquisition or construction purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub L. 93-237). C. Lead Based Paint The Agency shall comply with the Lead-Based Paint Poisoning Prevention Act (42 USC 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 USC 4851-4856), and implementing regulations at 24 CFR Part 35, subparts A, B, J, K, and R. Generally, these laws prohibit the use of lead-based paint (whenever funds under this Contract are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); require elimination of immediate lead-based paint hazards in residential structures; and require notification of the hazards of lead- based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. D. Environmental Justice The Agency shall comply with Executive Order 12898 requiring identification and mitigation, as appropriate, of disproportionately high and adverse human health or environmental impacts of programs, policies and activities on minority and/or low- income populations. IX. ACCESSIBILITY Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts 101-19 and subpart 101-19.6 for general type building). When applicable, certain multifamily housing units designed and constructed for first occupancy after March 13, 1991, with assistance provided under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part 100 as amended. X. LABOR STANDARDS For projects using HOF funds, Agencies shall comply with the following: A. State Prevailing Wages Unless projects have federal funds, all construction work must be paid at the state prevailing wage levels. For projects using CDBG and/or HOME funds, Agencies shall comply with Subsections B and C. B. Davis-Bacon Requirements City of Federal Way Page 37 of 39 2005 HCD Contract • • All construction work funded in whole or in part under this Contract must be performed in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)- 276(a)(5)), the Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c)) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further pre- scribed at 29 CFR Parts 1, 3, 5, 6 and 7. For projects assisted with CDBG funds, this section shall not apply to construction or rehabilitation of residential property designed for residential use by less than eight units. For projects assisted with HOME funds, this Section shall not apply to rehabilitation of rental property consisting of less than 12 units. A copy of the current Davis-Bacon wages must be included in all construction bid specifications, contracts, and/or subcontracts over$2,000. C. Use of volunteers The Agency shall obtain the written approval of the County prior to allowing any volunteers to perform construction work on a project assisted under this Contract. XI. EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS Capital Projects using federal funds shall comply with Subsections A and B. A. Section 3 Requirements The work to be performed under this contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. Section 3 Criteria for Capital Projects As set forth in the HCD Plan, Section 3 regulations found at 24 CFR Part 135.38 apply to all Project/Program Exhibits which meet all three of the following criteria: 1. The Project/Program Exhibit must include $200,000 or more in total HUD funds from one or more program years; and 2. The Project/Program Exhibit must include construction or rehabilitation work as a task that will be funded in full or in part with the HUD funds; and 3. The construction or rehabilitation work that will be funded must have a contract value, which exceeds $100,000. That actual contract value of construction or rehabilitation work is the determining factor, not a cost estimate. Additionally, Section 3 regulations are applicable to Project/Program Exhibit(s), which do not initially meet the above criteria but which are amended so as to add funds or change the activities for which the funds are used. Section 3 regulations do not apply to projects that include $200,000 or more in HUD funds when the funds are being used for acquisition and/or professional services only and not for construction or rehabilitation work. City of Federal Way Page 38 of 39 2005 HCD Contract • • XII. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING No agency, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or nonprofit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a CDBG, HOME, HOF, RAHP, or CX-assisted affordable housing unit in a project. This provision does not apply to an owner-occupant of single family housing or to an employee or agent of the owner or developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP, or CX-assisted unit as the project manager or maintenance worker. City of Federal Way Page 39 of 39 2005 HCD Contract • • CITIES INSURANCE ASSOCIATION OF WASHINGTON CERTIFICATE OF IRSVRA,Kr4, ISSUE DATE 2/3/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P ODU E COMPANrE$AFFQRTIING CQVEr2AG�. , Public Risk Underwriters GENERAL LIABILITY 18106 140th AVENUE N.E. ST PAUL FIRE&MARINE INSURANCE COMPANY WOODINVILLE,WASHINGTON 98072-6874 AUTOMOBILE LIABILITY PHONE(425)482-6767 FAX(425)482-2777 0 '' ST PAUL FIRE&MARINE INSURANCE COMPANY PROPERTY ( b ST PAUL FIRE&MARINE INSURANCE COMPANY CITY OF FEDERAL WAY CRIME/PUBLIC EMPLOYEE DISHONESTY/BOND A MEMBER OF CITIES INSURANCE ASSOCIATION OF WASHINGTON ST PAUL FIRE&MARINE INSURANCE COMPANY P.O.BOX 9718 33530 FIRST WAY FEDERAL WAY,WA 98003-6210 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE DATE GENERAL,LIABILITY COMMERCIAL GENERAL LIABILITY GP06301648 9/1/2004 9/1/2005 GENERAL AGGREGATE $20,000,000. OCCURANCE FORM PERSONAL&ADV INJURY $10,000,000. INCLUDES STOP GAP EACH OCCURRENCE $10,000,000. (LIABILITY IS SUBJECT TO A$100,000.S.I R.PAYABLE FROM POOL FUNDS) AUTOMOBILE LIABILITY ANY AUTO GP06301648 9/1/2004 9/1/2005 COMBINED SINGLE LIMIT $10,000,0000. (LIABILIT(IS SUBJECT TO A$100,000.S.I.R.PAYABLE FROM POOL FUNDS) PROPERTY GP06301648 9/1/2004 9/1/2005 $15,000,000. LIMIT CRIME/PUBLIC EMPLOYEE DISHONESTY/BOND•z.. ", GP06301648 9/1/2004 9/1/2005 $500,000.EACH OCCURRENCE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/SPECIAL ITEMS 0,fi 7. IN RESPECTS TO THE 2005 CDBG HUMAN SERVICES CONTRACT THE CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED SUBJECT TO POLICY TERMS,CONDITIONS,AND EXCLUSIONS AND PER THE ADDITIONAL INSURED ENDORSEMENT INCLUDED. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO LIABILITY OR OBLIGATION OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTITIVES. AUTr+OR ZE 2 RR PREsgN1 A°rrVE. KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT 821 SECOND AVE.,SUITE 500 SEATTLE,WA 98104 Cath R .n by S: ah Rjnm City of Federal Way Page 1 of 3 2005 Contract-Exh I • • ' StPaul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT— PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. This endorsement changes your Public Entity Liability Protection Pooling Groups—Excess of Self-Insured Retention. How Coverage is Changed The following is added to the Who Is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person when required by a written contract for insurance. Any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person. But only for covered injury or damage arising out of: • premises you own, lease or borrow; or • your work for that person or organization. Any person or organization that you agree in a written contract of insurance to add as an additional protected person under this agreement is also a protected person for covered injury or damage arising out of your completed work for that person or organization. But only if the written contract for insurance specifically requires such completed work coverage for that person or organization and only for the period of time such completed work is required in the written contract for insurance However, no person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person for injury or damage arising out of its sole negligence. In addition, any person or organization that you agree in a written contract for insurance to add as an additional protected person under this agreement is a protected person only for the lessor of: • the limits of coverage required by the written contract for insurance; or • the limits of coverage available for this agreement. Written contract for insurance means that part of any written contract or agreement in which you agree to add a person or organization as an additional protected person under this agreement that: • was made before; and • is in effect when; NAME OF INSURED Policy Number Processing Date Effective Date Cities Insurance Association of Washington GP06301648 09/01/2004 CITY OF FEDERAL WAY 40502 Ed. 1-80 Printed in U.S.A. Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 2 City of Federal Way Page 2 of 3 2005 Contract-Exh I • i "eSt Paul PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS ADDITIONAL PROTECTED PERSONS ENDORSEMENT—PERSONS OR ORGANIZATIONS REQUIRED BY WRITTEN CONTRACT FOR INSURANCE. This endorsement changes your Public Entity Liability Protection Pooling Groups—Excess of Self-Insured Retention. the bodily injury or property damage happens, or the personal injury or advertising injury offense in committed. Additional protected person may also be called an additional insured in the written contract for insurance. We explain the term your work and your completed work in the Products and completed work total limit section. Other Terms All other terms of your policy remain the same. RECEIVED I FEB a 7 2005 uC HOUSING AND COMMUNITY DEVELOPMENT CITY OF FEDERAL WAY Policy Number Processing Date Expiration Date Cities Insurance Association of Washington GP06301648 09/01/2005 40502 Ed. 1-80 Printed in U.S.A. Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 Page 2 of 2 City of Federal Way Page 3 of 3 2005 Contract-Exh I • • EXHIBIT II CITY OF FEDERAL WAY Community Development Block Grant Program Administration Contract No.: D34850A Project No.: C05375 King County Project Manager: Kathy Tremper City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell@cityoffederalway.com I. WORK STATEMENT City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the activities specified below. Such activities shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The City shall be compensated for the provision of such services in an amount not to exceed $67,753 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION Project Requirements The City shall use CDBG funds to plan and administer the City's CDBG projects in accordance with the CDBG Interlocal Cooperation Agreement (ICA). The City agrees to perform the following: A. Meet with HCD staff for review and training on the Citizen participation requirements of the new HCD Plan, assessing projects for eligibility and other subjects of interest identified by City staff prior to 2006 allocation process. B. Participate or assist in conducting at least one of the following CDBG Consortium meetings or workshops: 1. Pre-application Workshops for Community Facility, Public Improvement and/or Human Service Request for Proposals; 2. Working group to prepare recommendations for allocating Consortium-wide Program Income; 3. HOME Working Group; 4. Working group to monitor the performance of the Housing Stability Project and make recommendations for future years; 5. Working group to provide input on the Consortium's Fair Housing Action Plan; 6. Working group to provide input on the Safe Harbors data system; and/or 7. Working group to develop guidelines for and to rank McKinney homeless funding applications. City of Federal Way Page 1 of 5 2005 HCD Contract-Exh II • S C. Ensure ICAs for 2003-2005 for the King County CDBG Consortium and King County HOME Consortium are followed. D. Notify the County of minor changes, amendments and substantial changes to City funded projects listed in the Consortium's 2005 Action Plan and, if applicable, Action Plans from prior years. Minor changes, amendments, and substantial changes are defined in the HCD Plan. The City shall notify the County in writing of minor changes at least 14 days prior to implementation. Minor changes requiring further environmental review or compliance with other regulations, such as the Uniform Relocation Act, shall not be implemented prior to confirmation by the County that applicable regulatory requirements have been met. The City shall notify the County of amendments and substantial changes prior to publishing a public notice in a newspaper of general circulation indicating the change and any proposed 'new' use of funds. The Public Notice for amendments shall be published at least 14 days prior to project implementation. The Public Notice for substantial changes shall be published at least 30 days prior to Council action. After Council approval, the City shall provide copies of the following documents to the County for each amendment and substantial change: 1. Public notice and affidavit of publication; 2. Staff report, if any, and Council meeting minutes approving the amendment or substantial change; 3. Written comments submitted by citizens regarding amendments and substantial changes, if any; 4. A summary of oral comments by citizens regarding amendments and substantial changes at meetings, if any; and 5. Documentation that the City considered comments (i.e., correspondence or minutes). E. Provide information to interested citizens, organizations and public officials regarding the Consortium's CDBG funded activities. F. Respond to comments and questions regarding projects assisted with the City's CDBG funds and provide copies to the County. G. Provide referral information and technical assistance to nonprofit organizations and other agencies proposing projects for CDBG funding prior to Application submittal in order to ensure that proposals comply with CDBG Program Regulations and are consistent with the HCD Plan. H. Project applications shall be accompanied by records required to document compliance with CDBG Program Regulations, and Consolidated Plan policies applicable to each project. Such records include, but are not limited to, those required by 24 CFR Part 570.208 to document the national objective for each project. I. The City shall monitor performance under any remaining subcontract that it previously allocated funding to that it was scheduled to monitor in 2005. The City shall submit a copy of each monitoring report to the County with its Final Voucher Request. Monitoring, at a minimum, shall include reviewing Implementing Agency records to ensure compliance with City of Federal Way Page 2 of 5 2005 HCD Contract-Exh II . • the subcontract provisions required under Part 1, Section XVIII of the Contract, and the record-keeping provisions required under Section IV.A of each Service Project Exhibit. J. Complete the Program Accomplishment Form which shall include a brief narrative listing activities, dates and times the City has chosen to comply with Project Requirements listed in II.A of the Project Exhibit (i.e., participated on HOME work group by attending a meeting(s) held). III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirements The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit to the County its final invoice in accordance with Part I Section III.0 of the Contract on a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. The quarterly voucher invoice shall be accompanied by all reports required by Section IV of this Exhibit which fall due during the billing period. B. Method of Payment The Agency shall be paid 25 percent, or $16,938.25, of the total contract compensation quarterly, subject to the terms in Part 1, Section III of the Contract, and the following terms and conditions: C. The City shall apply the following County funds to the project in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not exceed $67,753. 1. CDBG Funds King County CDBG—Pass-through City Funds $67,753 Total CDBG Funds $67,753 2. Line Item Budget Personnel Services (detail below) $66,167 Office or Operating Supplies $ 200 Consultant or Purchased Services $ 0 Construction Contracts $ 0 Communications $ 1,147 Travel and Training $ 239 Other (specific below) $ 0 Total CDBG Funds $67,753 3. Personnel Detail Position Title Position Full Time Annual Salary CDBG Funds Equivalent and Benefits CDBG Coordinator 1.0 $66,167 $66,167 City of Federal Way Page 3 of 5 2005 HCD Contract-Exh II • • IV. REPORTING REQUIREMENTS A. Records In addition to the records required by Part 1, Section VI of the Contract, the City shall maintain files containing the following items for this project: 1. Motions, resolutions, and minutes documenting City Council actions relating to the City's CDBG Pass-through funds. 2. Correspondence regarding budget revision requests. 3. Copies of all invoices and reports submitted to the County. 4. Bills for payment. 5. Copies of approved invoices and warrants. 6. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with OMB Circular A-87. Such records shall include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs, time sheets signed by a supervisor and, if less than full time, annotated to document percent of time charged against this project; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 7. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 8. Documentation required by this Contract if any funds provided under this Exhibit are used to acquire equipment. B. Reports The City shall submit and complete the following reports: 1. A completed Program Accomplishment Form for each quarter in a format provided by the County. 2. Program requirement reports as follows: Quarter Milestones 1st Quarter January—March 2004 Project Completion Form for CAPER 2nd Quarter April-June Participation in Consortium Meetings concerning overhaul of CDBG Consortium City of Federal Way Page 4 of 5 2005 HCD Contract-Exh II • • 3rd Quarter July—September Participation in Consortium Meetings and processes concerning Urban County Qualification for 2006-2008 4th Quarter October—December Final Voucher Request or Letter of Accrual (due by January 10, 2006) Public Service Project Monitoring Report(s) 1st Quarter 2006 2005 Project Completion Form City of Federal Way Page 5 of 5 2005 HCD Contract-Exh II EXHIBIT III CITY OF FEDERAL WAY Federal Way Big Brothers Big Sisters Mentoring Program Contract No.: D34850B Project No.: C05118 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell@cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $17,124 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to provide mentoring services to youth in Federal Way through a contract with Big Brothers Big Sisters of King and Pierce Counties for 70 unduplicated persons. This project will help to partially meet the need for youth mentoring services for low- to moderate-income Federal Way residents. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 50 7 6 7 70 2. The City agrees to provide, at minimum, the following units of service by quarter: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 New youth matched 8 7 6 7 28 Presentations and Media Hits 8 7 6 7 28 B. Definition of Services 1. Media hits: unpaid news references in local media. 2. New youth matched: youth on the waiting list matched with a new volunteer mentor. City of Federal Way Page 1 of 4 2005 HCD Contract-Exh Ill • • 3. Presentations: presentations made to groups of ten or more Federal Way/South King County residents targeted as potential volunteer mentors. C. Eligibility 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the Housing and Urban Development (HUD) Income Guidelines. The current HUD Income Guidelines are found in the following table, please contact County staff for Guidelines in effect before February 11, 2005. Clients may self certify in writing that their family income does not exceed the applicable limit. 2005 HUD INCOME GUIDELINES Median Family Income= $72,250 Effective February 11, 2005 30% MEDIAN 50% MEDIAN 80% MEDIAN' FAMILY VERY LOW- LOW- MODERATE SIZE INCOME INCOME INCOME 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 2. Income guidelines may be adjusted periodically by the United States Department of Housing and Urban Development. The Agency agrees to use updated income guidelines that will be provided by the County. 3. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section III.0 in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. City of Federal Way Page 2 of 4 2005 HCD Contract-Exh Ill • 1. CDBG Funds King County CDBG—Pass-through City Funds $17,124 Total CDBG Funds $17,124 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $17,124 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Other (specific below) $ 0 Total CDBG Funds $17,124 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. City of Federal Way Page 3 of 4 2005 HCD Contract-Exh Ill B. Reports 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. VI. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 4 of 4 2005 HCD Contract-Exh Ill • I EXHIBIT IV CITY OF FEDERAL WAY Federal Way CHCKC Dental Support Contract No.: D34850C Project No.: C05393 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell©cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $13,313 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to provide 125 dental visits for 60 unduplicated persons, through a subcontract with Community Health Centers of King County. This project will help to partially meet the need for dental services for low- to moderate-income Federal Way residents. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 15 15 15 15 60 2. The City agrees to provide, at minimum, the following units of service by quarter: 1St Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 Dental visits to Federal Way clients 31 32 31 31 125 B. Definition of Services Dental visits: Dental visits provided to individuals living in Federal Way. C. Eligibility 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the Housing and City of Federal Way Page 1 of 4 2005 HCD Contract-Exh IV • Urban Development (HUD) Income Guidelines. The current HUD Income Guidelines are found in the following table, please contact County staff for Guidelines in effect before February 11, 2005. Clients may self certify in writing that their family income does not exceed the applicable limit. 2005 HUD INCOME GUIDELINES Median Family Income= $72,250 Effective February 11, 2005 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- LOW- MODERATE SIZE INCOME INCOME INCOME 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 2. Income guidelines may be adjusted periodically by the United States Department of Housing and Urban Development. The Agency agrees to use updated income guidelines that will be provided by the County. 3. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section I II.C. in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. 1. CDBG Funds King County CDBG—Pass-through City Funds $13,313 Total CDBG Funds $13,313 City of Federal Way Page 2 of 4 2005 HCD Contract-Exh IV • • 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $13,313 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Other (specific below) $ 0 Total CDBG Funds $13,313 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. B. Reports City of Federal Way Page 3 of 4 2005 HCD Contract-Exh IV • • 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. VI. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 4 of 4 2005 HCD Contract-Exh IV • • EXHIBIT V CITY OF FEDERAL WAY Federal Way YMCA CARES Child Care Subsidy Contract No.: D34850D Project No.: C05406 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell@cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $32.398 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to provide 246 childcare days for 33 low- and moderate- income Federal Way residents through a subcontract with the Federal Way Norman Center YMCA. CDBG funds will support the CARES Childcare Subsidy Program, which provides financial relief for low- and moderate-income families in need of affordable before- and after-school childcare. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 5 5 20 3 33 2. The City agrees to provide, at minimum, the following units of service by quarter: 1St Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 Childcare da s 62 61 61 62 246 B. Definition of Services Childcare days: One session of care equals daily attendance in the morning program or the afternoon program. City of Federal Way Page 1 of 4 2005 HCD Contract-Exh V • • C. Eligibility 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the Housing and Urban Development (HUD) Income Guidelines. The current HUD Income Guidelines are found in the following table, please contact County staff for Guidelines in effect before February 11, 2005. Clients may self certify in writing that their family income does not exceed the applicable limit. 2005 HUD INCOME GUIDELINES Median Family Income=$72,250 Effective February 11, 2005 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- LOW- MODERATE SIZE INCOME INCOME INCOME 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 2. Income guidelines may be adjusted periodically by the United States Department of Housing and Urban Development. The Agency agrees to use updated income guidelines that will be provided by the County. 3. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section III.C. in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. 1. CDBG Funds King County CDBG—Pass-through City Funds $32,398 Total CDBG Funds $32,398 City of Federal Way Page 2 of 4 2005 HCD Contract-Exh V • • 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $32,398 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Other (specific below) $ 0 Total CDBG Funds $32,398 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. B. Reports City of Federal Way Page 3 of 4 2005 HCD Contract-Exh V • 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. VI. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 4 of 4 2005 HCD Contract-Exh V • • EXHIBIT VI CITY OF FEDERAL WAY Federal Way Senior Center—Adult Day Care Contract No.: D34850E Project No.: C05258 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell©cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $11.606 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to provide adult daycare for low-income senior citizens experiencing dementia/Alzheimer disease and other limitations at the Federal Way Senior Center. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 3 4 4 4 15 2. The City agrees to provide, at minimum, the following units of service by quarter: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 Days of care 104 300 350 340 1,094 B. Definition of Services Days of care: total number of days of care provided to the unduplicated persons assisted. C. Eligibility 1. Presumed benefit elderly persons & severely disabled adults. City of Federal Way Page 1 of 3 2005 HCD Contract-Exh VI • 2. Services provided with funding under this Contract may be limited to residents of Federal Way III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section III.C. in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. 1. CDBG Funds King County CDBG—Pass-through City Funds $11,606 Total CDBG Funds $11,606 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $11,606 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Other (specific below) $ 0 Total CDBG Funds $11,606 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. City of Federal Way Page 2 of 3 2005 HCD Contract-Exh VI • 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. B. Reports 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. VI. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 3 of 3 2005 HCD Contract-Exh VI • • EXHIBIT VII CITY OF FEDERAL WAY Federal Way Parents and Children Together (PACT) Contract No.: D34850F Project No.: C05259 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell©cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $12,813 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to provide in-home counseling, skill building, and support services to high risk children and their families in the city of Federal Way, through a subcontract with the Institute for Family Development. CDBG funds will support the Parents and Children Together (PACT) Program. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 5 5 5 5 20 2. The City agrees to provide, at minimum, the following units of service by quarter: 1St Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 Client service hours 56 57 56 57 226 B. Definition of Services Client service hours: The number of client service hours includes individual and family counseling, skill building, support, advocacy, travel time, collateral, and documentation. C. Eligibility City of Federal Way Page 1 of 4 2005 HCD Contract-Exh VII . • 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the Housing and Urban Development (HUD) Income Guidelines. The current HUD Income Guidelines are found in the following table, please contact County staff for Guidelines in effect before February 11, 2005. Clients may self certify in writing that their family income does not exceed the applicable limit. 2005 HUD INCOME GUIDELINES Median Family Income= $72,250 Effective February 11, 2005 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- LOW- MODERATE SIZE INCOME INCOME INCOME 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 2. Income guidelines may be adjusted periodically by the United States Department of Housing and Urban Development. The Agency agrees to use updated income guidelines that will be provided by the County. 3. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section III.0 in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. 1. CDBG Funds King County CDBG—Pass-through City Funds $12,813 Total CDBG Funds $12,813 City of Federal Way Page 2 of 4 2005 HCD Contract-Exh VII • • 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. VI. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 4 of 4 2005 HCD Contract-Exh VII • 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $12,813 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Other (specific below) $ 0 Total CDBG Funds $12,813 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. • 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. B. Reports City of Federal Way Page 3 of 4 2005 HCD Contract-Exh VII • • EXHIBIT VIII CITY OF FEDERAL WAY Federal Way ElderHealth Northwest - Adult Day Health Contract No.: D34850G Project No.: C05139 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell@cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $10,000 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds for a day health program that provides health and rehabilitative services to functionally, physically, mentally or cognitively impaired adults and elderly persons to improve or maintain their health status and level of functioning, for 17 unduplicated persons. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1St Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan.— April— July— Oct.— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 14 1 1 1 17 2. The City agrees to provide, at minimum, the following units of service by quarter: 15t Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan.— April— July— Oct.— Year March June Sept. Dec. 2005 No. Of Client Days 100 100 100 100 400 B. Definition of Services Program days provided: One day spent in program receiving services. One day x 17 participants = 17 days. C. Eligibility 1. Presumed Benefit: elderly persons/severely disabled adults. City of Federal Way Page 1 of 3 2005 HCD Contract-Exh VIII • • 2. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section III.C. in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. 1. CDBG Funds King County CDBG—Pass-through City Funds $10,000 Total CDBG Funds $10,000 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $10,000 Construction Contracts $ 0 Communications $ 0 Travel and Traininjc $ 0 Other (specific below) $ 0 Total CDBG Funds $10,000 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. City of Federal Way Page 2 of 3 2005 HCD Contract-Exh VIII F. • • 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. B. Reports 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. VI. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later City of Federal Way Page 3 of 3 2005 HCD Contract-Exh VIII • • EXHIBIT IX CITY OF FEDERAL WAY Federal Way Multi-Service Center Employee Development Services by CBDO Contract No.: D34850H Project No.: C05578 King County Project Manager: Kathy Tremper City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653; Fax: (253) 835-2609 End Date: December 31, 2005 Email: kelli.odonnell@cityoffederalway.com WORK STATEMENT The City of Federal Way (hereinafter referred to as "the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $95,155 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to increase economic opportunities of low- to moderate-income Federal Way residents by raising their level of employability and helping them progress toward family wage jobs. The services shall be provided through a subcontract with Multi-Service Center, which is an eligible Community-Based Development Organization. B. Definition of Services 1. Employment Intake and Assessment: A face-to-face meeting with a Federal Way client where an intake is completed and other employment related service is provided, such as employment resource identification, information & referral, orientation to employment services. 2. Employment Plans: Plan made by a City client to outline steps to take toward economic self-sufficiency. 3. Job Placement/Improvement: Participants who obtain a better job or obtain improved wages and/or benefits. C. Eligibility 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the Housing and Urban Development (HUD) Income Guidelines. The current HUD Income Guidelines are found in the following table, please contact County staff for Guidelines in effect before February 11, 2005. Clients may self certify in writing that their family income does not exceed the applicable limit. City of Federal Way Page 1 of 5 2005 HCD Contract-Exh IX • • 2005 HUD INCOME GUIDELINES Median Family Income=$72,250 Effective February 11,2005 30%MEDIAN 50%MEDIAN 80% MEDIAN FAMILY VERY MODERATE SIZE LOW-INCOME LOW-INCOME INCOME 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 2. Income guidelines may be adjusted periodically by the United States Department of Housing and Urban Development. The Agency agrees to use updated income guidelines that will be provided by the County. 3. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirements The County 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 $95,155, shall be paid upon submission of invoices and supporting documentation by the Agency as set forth in Part 1, 111.6 of this Contract. Funds disbursed for activities shall not exceed $95,155 and shall be fully invoiced no later than January 11, 2006. B. Method of Payment The City shall submit invoices to the County within ten business days after the end of each quarter in which the City incurs costs reimbursed under this Contract. The final invoice shall be submitted by the date specified in Part 1, Section III.D of this Contract. The City or Agency shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed by an authorized representative of the City and shall be accompanied by copies of supporting documents. C. The Agency shall apply the following CDBG funds to the project in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Exhibit shall not exceed $95,155. City of Federal Way Page 2 of 5 2005 HCD Contract-Exh IX • • 1. CDBG Funds King County Community Development Block Grant - $95,155 Pass-Through City Funds Total CDBG Funds: $95,155 2. Line Item Budget Personnel Services $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $95,155 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Total CDBG Funds: $95,155 D. Project Accomplishments Proof of meeting accomplishments shall be submitted with each voucher for reimbursement. Accomplishments may be amended from time to time with the prior approval of King County through a Contract amendment consistent with Part I, Section XXIV. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1St Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted 17 17 18 17 69 2. The City agrees to provide, at minimum, the following units of service by quarter: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 Employment Intake & Assessment 17 17 18 17 69 Employment Plan & Related Services 13 13 13 13 52 Job Placement/Improvement 4 4 4 4 16 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records City of Federal Way Page 3 of 5 2005 HCD Contract-Exh IX • • The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-122. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. B. Reports 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City City of Federal Way Page 4 of 5 2005 HCD Contract-Exh IX • • shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 for an Implementing Agency that is a nonprofit corporation or OMB Circular A-87 for an Implementing Agency that is a municipal corporation or an agency of the State of Washington. V. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 5 of 5 2005 HCD Contract-Exh IX I • EXHIBIT X CITY OF FEDERAL WAY Federal Way Multi-Service Center Emergency Feeding Program Contract No.: D34850l Project No.: C05257 King County Project Manager: Randy Poplock City Contact Person: Kelli O'Donnell Start Date: January 1, 2005 Telephone: (253) 835-2653 Fax: (253) 661-4048 End Date: December 31, 2005 Email: Kelli.ODonnell@cityoffederalway.com WORK STATEMENT The City of Federal Way ("the City") shall utilize King County Community Development Block Grant (CDBG) funds to perform the services specified below. Such services shall be provided in a manner fully compliant with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. The City shall be compensated for the provision of such services in an amount not to exceed $10,000 in CDBG funds during the contract period January 1, 2005, through December 31, 2005. II. PROGRAM DESCRIPTION A. Project Requirements The City shall use CDBG funds to purchase 1,566 pounds of emergency food and supplies for 400 low- and moderate-income Federal Way residents through a subcontract with the Multi-Service Center. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 No. of unduplicated persons assisted N/A 133 133 134 400 2. The City agrees to provide, at minimum, the following units of service by quarter: 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2005 Pounds of diapers/food provided N/A 522 522 522 1,566 B. Definition of Services Pounds of diapers/food provided: Pounds of baby diapers, formula, baby food, low- sodium food and/or low sugar food purchased per quarter for distribution to Federal Way residents C. Eligibility City of Federal Way Page 1 of 4 2005 HCD Contract-Exh X r • S 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the Housing and Urban Development (HUD) Income Guidelines. The current HUD Income Guidelines are found in the following table, please contact County staff for Guidelines in effect before February 11, 2005. Clients may self certify in writing that their family income does not exceed the applicable limit. 2005 HUD INCOME GUIDELINES Median Family Income = $72,250 Effective February 11, 2005 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- LOW- MODERATE SIZE INCOME INCOME INCOME 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 2. Income guidelines may be adjusted periodically by the United States Department of Housing and Urban Development. The Agency agrees to use updated income guidelines that will be provided by the County. 3. Services provided with funding under this Contract may be limited to residents of Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirement The City shall submit invoices to the County within 20 business days after the end of the first, second and third quarters. The City shall submit its final invoice to the County in accordance with Part 1, Section III.C. in the form of a CDBG Program Voucher Reimbursement Request Form provided by the County. Such forms shall be signed by an authorized representative of the City. Final voucher reimbursement request shall be submitted by January 11, 2006. B. The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. 1. CDBG Funds King County CDBG—Pass-through City Funds $10,000 Total CDBG Funds $10,000 City of Federal Way Page 2 of 4 2005 HCD Contract-Exh X I • 2. Line Item Budget Personnel Services (detail below) $ 0 Office or Operating Supplies $ 0 Consultant or Purchased Services $10,000 Construction Contracts $ 0 Communications $ 0 Travel and Training $ 0 Other (specific below) $ 0 Total CDBG Funds $10,000 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records The City shall maintain files for this exhibit containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the County's notice to proceed on this exhibit. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this exhibit. 6. Bills for payment. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable in accordance with OMB Circular A-87. Such records include, but are not limited to: a. Personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; b. Staff travel, documentation of mileage charges for private auto; and c. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 10. Documentation required by this Contract if any funds provided under this Scope are used to acquire equipment. City of Federal Way Page 3 of 4 2005 HCD Contract-Exh X . 1 S B. Reports 1. The City shall collect and report client information to the County quarterly and annually on a Program Accomplishment Form provided by the County. 2. The City shall submit with the final invoice a Completed Project Funding Report Form provided by the County, itemizing all funding used for the exhibit. V. SUBCONTRACTED SERVICES A. In addition to the requirements of Part 1, XVIII of the Contract, the City shall execute written agreements with each agency with which it subcontracts to provide services (hereinafter"Implementing Agency") and shall incorporate into such subcontracts the following applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A-122 or OMB Circular A-87, as applicable. V. SPECIAL CONDITIONS Separation of Funds The Agency may not use year 2005 funds identified in the Project Budget above to pay for any costs incurred prior to January 1, 2005, or the date on which the County's Environmental Record is complete, whichever date is later. City of Federal Way Page 4 of 4 2005 HCD Contract-Exh X