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AG 04-132 DATE IN: I DATE OU. I TO: Eli CITY OF FEDERAL WAY LAW DEPARTMENT CANNED/ REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT/HUMAN SERVICES 2. ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 2653 3. DATE REQ.BY: OS ///3� e)4 4. TYPE OF DOCUMENT REQUESTED(CHECK ONE) ❑ PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT(E.G.AGREEMENT& ❑ MAINTENANCE/LABOR AGREEMENT PERF1MAIN 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$200,000) ® CONTRACT AMENDMENT AG#: 04-132 j —EXTEND MADRONA PARK PROJ.04-132(B) ❑ PURCHASE AGREEMENT) ® CDBG (MATERIALS,SUPPLIES,EQUIPMENT) 0 OTHER ❑ REAL ESTATE DOCUMENT 5. PROJECT NAME: KING COUNTY HOUSING&COMMUNITY DEVELOPMENT 2004 CDBG CONTRACT 6. NAME OF CONTRACTOR: KING COUNTY HOUSING&COMMUNITY DEVELOPMENT ADDRESS: 821 SECOND AVE,SUITE 500.SEATTLE,WA 98104-1598 TELEPHONE(206)296-8696 SIGNATURE NAME: JACKIE MACLEAN (STAFF CONTACT ERIC JENSEN)TITLE_DIR.DEPT OF COMMUNITY&HUMAN SERVICES 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT O INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: 01/01/2004 COMPLETION DATE: 03/31/2006 9. TOTAL COMPENSATION$ 300,037($225,037 ORIG.+$75,000 FOR MADRONA PARK)(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: $ 300,037 IS SALES TAX OWED ❑YES + -NO IF YES,$ PAID BY:0 CONTRACTOR❑CITY 10. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED CO PROJECT MANAGER CO DIRECTOR I 11(4000 ❑ RISK MANAGEMENT NLAW /��Q (• (L•Cs 11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED N LAW DEPARTMENT P (.(( •(.,p N CITY MANAGER ( •- i/it(o CO CITY CLERK CO SIGN COPY BACK TO ORGINATING DEPT. CO ASSIGNED AG# - /3a -cb O PURCHASING: PLEASE CHARGE O: Not Applicable—Capital Project COMMENTS _Extend Madrona Park Project(C03045)to March 31,2006,to complete work order and release retainage. 2004 CDBG Contract funds reallocated from 2003 Thompson Park Project at August 24,2004 City Council meeting. (Madrona Park formerly known as Amrstrong Park.) ; /,' 1,0* t - ovvri/tActA .6,(-99-‘6e e • 10/09/02 I CONTRACT AMENDMENT PROJECT NAME DCHS/Community Services Division/HCD CONTRACT NO. D33617M Program/ Federal Way Madrona a/k/a Armstrong Park AGENCY/CONTRACTOR City of Federal Way DATE ENTERED 01/01/04 ADDRESS P.O. Box 9718 AMENDMENT NO. 2 DATE ENTERED 01/01/06 Federal Way, WA 98063 AMENDMENT REQUESTED BY: AMENDMENT EFFECTS Community Services Division Scope of Services Method of Payment Housing and Community Reliance Development XXX Time of Performance Kathy Tremper Compensation Terms & Conditions Results of Services PURPOSE To extend the term of Project Exhibit (Project No. C03045) to allow for completion and close out of the project. Joint Recommendations Committee approved this extension request at their December 22, 2005, meeting. A. STANDARD CONTRACT CHANGES There are no changes. B. EXHIBIT CHANGES EXHIBIT XIV: I. WORK STATEMENT. Change the End Date to read March 31, 2006. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. ACKNOWLEDGEMENT AND ACCEPTANCE KING COUNTY, WASHINGTON CITY OFFFE2ERAL WAY By _--e for By ( ✓ / 0 ./...-- --_, Title King County Executive Title h e+e i Ct4- Won GT./- Date T„lDate 74(00� Date IIll o(, I 0APPRO 1,�ID AS FORM: '� Vii . I /f' tricia A. Richardson, City Attorney l' ATTEST- 1 ' - . / City Clerura K. Hathaway City of Federal Way Page 1 of 1 2004 'ntract Amendment DATE IN: I DATE OUT: • I TO: • CITY OF FEDERAL WAY LAW DEPARTMENT SCANNED REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP , 1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT/HUMAN SERVICES 2. ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 2653 3. DATE REQ.BY: 08/30/05 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) O PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT ❑ SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ) (LESS THAN$200,000) ® CONTRACT AMENDMENT AG#: 04-132 —ADD MADRONA PARK PROJ. ❑ PURCHASE AGREEMENT) ® CDBG (MATERIALS,SUPPLIES,EQUIPMENT) 0 OTHER ❑ REAL ESTATE DOCUMENT 5. PROJECT NAME: KING COUNTY HOUSING&COMMUNITY DEVELOPMENT 2004 CDBG CONTRACT 6. NAME OF CONTRACTOR: KING COUNTY HOUSING&COMMUNITY DEVELOPMENT ADDRESS: 821 SECOND AVE,SUITE 500,SEATTLE,WA 98104-1598 TELEPHONE(206)296-8696 SIGNATURE NAME: JACKIE MACLEAN (STAFF CONTACT:ERIC JENSEN)TITLE DIR.DEPT OF COMMUNITY&HUMAN SERVICES 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: 01/01/2004 COMPLETION DATE: 12/31/2005 9. TOTAL COMPENSATION$ 300,037($225,037 ORIG.+$75,000 FOR MADRONA PARK)(INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES 0N IF YES,MAXIMUM DOLLAR AMOUNT: $ 300,037 IS SALES TAX OWED ❑YES +-NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY 10. CONTRACT REVIEW INI AL/DATE APPROVED INITIAL/DATE APPROVED ®PROJECT MANAGER FeniCtS'--® DIRECTOR O RISK MANAGEMENT ®LAW 05 P 'a-25 .5 11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED ®LAW DEPARTMENT • Q 8• .• S- Z CITY MANAGER IMIIMEYOrrir ..21-ErtT'Y CLERK m1. JJ , ® SIGN COPY BACK TO ORGINATiNG DEPT. `MI8Z' ®ASSIGNED AG# Q9—(3L O PURCHASING: PLEASE CHARGE TO: Not Applicable—Capital Project COMMENTS Amendment to add Madrona Park Project(C03045)to 2004 CDBG Contract funds reallocated from 2003 Thompson Park Project at August 24,2004 City Council meeting. (Madrona Park formerly known as Amrstrong Park.) r 0 . .i ' IL #' Il`..&..“.1 Aka a° , • K ' (0 io r 0 4til 6e 115) Y6' 4- -- 10/09/02 • • A c O9—t37 Ch) RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT CONTRACT AMENDMENT lit,. i 0 3 2005 DCHS / CSD / HCD Contract No. D33617-M Project/Exhibit(s) C03045 Federal Way Madrona Park Original Contract Date 01/01/2004 Agency/Contractor City of Federal Way Amendment No. 1 Address PO Box 9718 Amendment Start Date 01/11/2005 Federal Way, WA 98063 Amendment Requested By: Amendment Effects: X Scope of Service Community Services Division Time of Performance X Compensation Eric Jensen / 206-296-8696 Results of Services Method of Payment PURPOSE To add Exhibit XIV, Project C03045 Federal Way Madrona Park Improvements, as Amendment#1 to the 2004 City of Federal Way CDBG contract. A. STANDARD CONTRACT CHANGES Exhibit XIV is added as Amendment #1 to the 2004 City of Federal Way CDBG contract. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES FEDERAL $75,000 01/01/2004 TOTAL $75,000 01/01/2004 B. EXHIBIT CHANGES Exhibit XIV is added as Amendment #1 to the 2004 City of Federal Way CDBG contract. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. KING COUNTY .AGENCY / R--____ FOR �► King ounty Ex ive i.tnature Ai'i 0 )kc (Z,--1 Date I �ICJNAME (Please type or print) 1 IF FE A E WAY-A OVED AS TO FORM: � -) Fog_ Date / icia "ic.- dson, City Attorney City lerk, N. Christine Green, CMC City of Federal Way Page 1 of 1 2004 HCD Contract Amendment • • EXHIBIT XIV CITY OF FEDERAL WAY Madrona (a.k.a. Armstrong) Park Improvements Contract No. D33617-M Project Number C03045 King County Project Manager: Eric Jensen Agency Contact Person: Kelli O'Donnell Start Date: 01/11/2005 Telephone: 253-835-2653; Fax: 253-835-2609 End Date: 12/31/2005 E-mail: kelli.odonnell@cityoffederalway.com WORK STATEMENT The City of Federal Way (hereinafter referred to as "the City") agrees to perform all those construction activities described in this Project Exhibit XIV beginning on December 1, 2004, and completing on December 31, 2005. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. II. PROGRAM DESCRIPTION Project Requirements The City shall utilize King County Community Development Block Grant (CDBG) funds to develop the Madrona (a.k.a. Armstrong) Park property into a neighborhood park to serve residents located in the vicinity of SW 356th and 15th Avenues in Federal Way. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirements 1. The County shall reimburse the City for satisfactory completion of the requirements specified in the Contract and this Exhibit, payable in the following manner: The sum, not to exceed $75,000, shall be paid upon submission of invoices and supporting documentation by the City as set forth in Part 1, 1113 of this Contract. Funds disbursed for construction activities shall not exceed $75,000 and shall be fully invoiced no later than December 31, 2005. 2. Prior to the first and last payment pre-approval must be received from County staff that federal labor requirements have been met. 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 IIID of this Contract. The City 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 City 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 $75,000. City of Federal Way Page 1 of 5 2004 HCD Contract-Exh XIV • • 1. CDBG Funds King County Community Development Block Grant - $75,000 Pass-Through City Funds Total CDBG Funds: $75,000 2. Line Item Budget *Environmental Review (King County Cost Set-aside) *$1,080 Personnel Services $0 Office or Operating Supplies $0 Consultant or Purchased Services $0 Construction Contracts $73,920 Communications $0 Travel and Training $0 Sub-Total*(Less Environmental Review Cost) $73,920 Total CDBG Funds: $75,000 *Environmental Review (King County Cost Set-aside): This amount is set-aside until final environmental review costs are determined. Any balance remaining will be available for expenditure by Budget Revision Request from the Agency, not to exceed the total CDBG funds of$75,000. D. Project Milestones 1. Proof of meeting accomplishments or milestones shall be submitted with each voucher for reimbursement. Milestones may be amended from time to time with the prior approval of King County through a Contract amendment consistent with Part I, Section XXIV. 2. The City shall implement the project in accordance with the following schedule: Task Projected Completion Date Design Complete July 2004 Design Begun September 2004 Environmental Review Complete January 2005 Bid Specs Submitted to County May 2005 Bid Opening June 2005 Preconstruction Conference September 2005 Construction 50% Complete October 2005 Construction Complete November 2005 Closing Documentation Submitted December 2005 Release Retainage December 2005 IV. REPORTING REQUIREMENTS A. Records The City or Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. City of Federal Way Page 2 of 5 2004 HCD Contract-Exh XIV • • 3. A copy of this Exhibit and the County's notice to proceed on this project. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the County for this project. 6. Bills for payment. 7. Copies of approved invoices and warrants. 8. Payroll time sheets for actual salary and fringe benefit costs. Time sheets must be signed by a supervisor and annotated to document percent of time charged against this project if less than full time. 9. Documentation, such as log sheets, of copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available. As an alternative, annotated invoices may be used to document charges as appropriate. 10. Documentation of mileage charges for private auto use. 11. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. B. Reports 1. The City shall submit a Program Accomplishment form in a format provided by the County within ten business days after the end of each quarter. 2. The City shall submit a Completed Project Funding Report form in a format provided by the County with the final invoice. 3. The City shall submit a Project Beneficiary Data form in a format provided by the County within 30 business days following the end of the first full calendar year (January— December) after the project has been completed. V. SPECIAL CONDITIONS A. County Review and Approval of Procurement Documents 1. The City shall submit a draft of the following procurement documents to the County, for review and approval, at least 15 days prior to preparing the final version and advertising or soliciting responses for any type of good or service, including, but not limited to, professional services and construction services: a. Construction bid specifications; b. Invitation to bid; c. Request for proposals; and d. Request for qualifications. City of Federal Way Page 3 of 5 2004 HCD Contract-Exh XIV ` s 2. The draft procurement documents shall include provisions required in the contract. The City shall specify the location in the draft procurement document of each of the required provisions. The City shall not prepare a final version of any of the above documents and advertise or solicit responses without the written approval of the County. B. Construction Project Requirements 1. The City shall not authorize any work under a construction contract assisted in whole or in part under this Contract to proceed until and unless King County Housing and Community Development Program staff have presented each prime contractor with detailed information regarding compliance with CDBG Program Regulations including, but not limited to, federal labor standards, at a pre-construction conference. 2. The City shall include in construction bid specifications and construction contracts assisted in whole or in part under this Contract, provisions requiring each prime construction contractor to submit a completed King County Final Affidavit of Amounts Paid to the County. The form, to be provided by the County, shall be submitted by the City to the County prior to the City's release of retainage to each prime contractor. 3. The County shall retain ten percent of the value of funds provided under this project Exhibit. The County shall disburse the retained amount upon the County's verification that the City has complied with the provisions of this Contract that are applicable to construction contracts. C. Compliance with Section 7 of the Endangered Species Act— No Effect Determination 1. The County has determined that the project which is the subject of this Scope will not affect species listed pursuant to the Endangered Species Act. The County's determination is based on information submitted to the County by the Agency and set forth in the following documents which are attached to this Exhibit and incorporated by reference into this Contract: a. U.S. Housing and Urban Development Environmental Assessment Form dated November 2004 (Attachment 1); b. King County 'No Effects" Memo dated November 2004 (Attachment 2). 2. The Agency agrees that the information contained in the above-referenced documents is accurate. The Agency agrees to undertake the project as described in the above-referenced documents including implementing each of the best management practices, conservation measures and management actions. Per the U.S. Housing and Urban Development Environmental Assessment Form dated November 2004, the following mitigation conditions shall be followed: a. All applicable wetlands permits shall be obtained prior to developing or otherwise altering wetlands. Vegetation in the wetlands shall not be disturbed; City of Federal Way Page 4 of 5 2004 HCD Contract-Exh XIV • b. Temporary erosion and sedimentation controls (TESC) shall be noted in the specifications and used to control stormwater runoff; c. In the event that archeological or historic materials are discovered during any project activities, work in the immediate vicinity shall be stopped, the area secured, and the King County Housing & Community Development Program and Historic Preservation program, the Washington State Office of Archeology and Historic Preservation, and the concerned tribe's cultural resource staff notified; d. A gravel surface shall be installed and utilized during construction to minimize erosion and mud tracking; e. King County Stormwater Pollution Control Manual practices shall be used; f. Retention of existing vegetation, vertically draining surfaces for the children's play area, and sub-grade storage in crushed stone under and adjacent to the impervious surfaces the trail and pathways shall all be used to assist with stormwater management. Pathways shall be crowned to evenly distribute surface water runoff and not allow accumulated point impacts; g. During construction, the project shall make adjustment to the trail location in order to save desirable stands of native vegetation. Vegetation in the wetland shall not be disturbed; and h. All construction, demolition, dangerous/hazardous wastes shall be taken to a certified solid/hazardous waste facility, per KCC 10.10.030. 3. The Agency agrees that it shall request in writing and obtain prior written approval from the County for changes to the project location, design, best management practices, conservation measures and management actions. D. Project Funding Sign During Construction The City shall include the following phrase on any sign erected during construction to identify funding sources used for the project: "Funding for this project was provided by King County's Community Development Block Grant Program." City of Federal Way Page 5 of 5 2004 HCD Contract-Exh XIV DATE IN: DATE OU. TO: • r CITY OF FEDERAL WAY LAW DEPARTMENT SCANNED REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: CD/HS 2. ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 4153 3. DATE REQ.BY: 7/23/04 4. TYPE OF DOCUMENT REQUESTED(CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT(E.G.AGREEMENT& ❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND;ASSIGNMENT OF FUNDS IN LIEU OF BOND) O PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT ❑ SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ) (LESS THAN$200,000) 0 CONTRACT AMENDMENT AG#: ❑ PURCHASE AGREEMENT) ® CDBG (MATERIALS,SUPPLIES,EQUIPMENT) 0 OTHER O REAL ESTATE DOCUMENT 5. PROJECT NAME: KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT 2004 CDBG CONTRACT 6. NAME OF CONTRACTOR: KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT ADDRESS: 821 SECOND AVE,SUITE 500, SEATTLE,WA 98104-1598 TELEPHONE_206-296-8648 SIGNATURE NAME: RON SIMS TITLE COUNTY EXECUTIVE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ® SCOPE OF SERVICES ® ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: 01/01/04 1 COMPLETION DATE: 12/31/04 ,/ 9. TOTAL COMPENSATION$ .. 225,937 ° ,2 037 o, (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $(REIMBURSES CDBG ADMIN&SUBRECIP) IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY 10. CONTRACT REVIEW INITIAL/DATE APPROVED IN`I JI�L/DATE APPROVED `�ROJECT MANAGER 00.24. — �( F C. 7/�(`' DIRECTORi��.iniellEl52 'RISK MANAGEMENT lalir MEM ` LAW AI . S 1 . ; , c4/:r 11. CONTRACT SIGNATURE ROUTING INITIAL/D4TEA PROVED INITIAL/DATE APPROVED .AW DEPARTMENT -7/ /O- " V CITY MANAGER CITY CLERK SIGN COPY BACK TO ORGINATING DEPT. _ `,ASSIGNED AG# 014- 13R O PURCHASING: PLEASE CHARGE TO: V ' • COMMENTS City Council approved 2004 CDBG program and authorized City Manager to enter into agreements at September 16,2003,City Council. ./X Pry e.A hob' i , li A _ . 0. 06 =°47 . As ,( 7/a7A)4 ---ei 4� lugs vto-t ; fes� " ,--,-fie.. , ,, , r6( `�-s . 10/09/02 �.. (f �4 • • King County Housing and Community Development Program Community Services Division RECEIVED EY Exchange Building COMMUNITY DEVELOPMENT DEPARTMENT 821 Second Avenue, Suite 500 Seattle, WA 98104-1598 AUG 13 2004 (206) 296-8672 (206) 296-0229 FAX (206) 296-5242 TDD August 11, 2004 Kelli O'Donnell City of Federal Way 33530— 1s` Way S. PO Box 971S Federal Way WA 98063-9718 RE: King County Department of Community and Human Services Housing and Community Development Contract 2004 D33617 Dear Ms. O'Donnell: I have enclosed your executed King County Department of Community and Human Services Housing and Community Development(HCD) Contract for 2004. Please note that the procurement of goods and services, if paid for with CDBG funds, must be consistent with the regulations set forth in 24 CFR Part 570.502. Also, the project exhibit(s) require your Agency to obtain written approval from the County prior to procuring goods or services. You may request reimbursement for costs incurred as of the start date set forth on the first page of the project exhibit(s). Project costs incurred prior to the start date cannot be reimbursed. If you have any questions regarding your Contract, please contact Wendy DeRobbio at (206) 296- 8648 or by c---ail at wendy.derobbio 2l metrokc.gov. Sincerely, ildred Miller Administrat i v c Enclosures • # 04-13A- King County Contract No. D33617 Federal Taxpayer ID No. 91-1462550 Department/Division: Community and Human Services/Housing and Community Development Agency: City of Federal Way Project Title: 2004 Agreement Contract Amount: $225,037 Fund Code CDBG Contract Period From:* See Exhibits To *Not applicable to capital or multiple exhibit projects KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT-2004 THIS CONTRACT is entered into by KING COUNTY, a political subdivision of the State of Washington (the County), and City of Federal Way, (a municipal corporation), whose address is 33530 – 1st Way 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) 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.gov/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. OR I G I NA L City of Federal Way Page 1 of 36 2004 HCD Contract 1 • • • 1 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 - TY OF FEDERAL WAY FOR — J 441IPP ' King Coun y Exec .ignature Oy David H. Moseley Date Name (Type or Print) City Manager Approved by DCHS Director Title Approved as to form 7 je OFFICE OF KING COUNTY Date PROSECUTING ATTORNEY February 19, 2004 "PROVED AS TO FORM: -41411 P- ric'. 1.4 chardson ityAttorney ATTEST. ‘ 91 -V—(1 City Clerk, N. Christine Green, CMC I f • it 1 / ± City of Federal Way Page 2 of 36 2004 HCD Contract • • INDEX TO CONTRACT AGP J PART 1 - GENERAL CONDITIONS I. Scope of Contract XVIII. Subcontracts and Purchases II. Duration of Contract XIX. Conflict of Interest III. Compensation and Method of XX. Political Activity Prohibited Payment XXI. Equipment Purchase, Maintenance, IV. Budget and Ownership V. Internal Control and Accounting XXII. Notices System XXIII. Proprietary Rights VI. Maintenance of Records XXIV. Contract Amendments VII. Audits XXV. King County Recycled Product VIII. Evaluations and Inspections Procurement Policy IX. Corrective Action XXVI. Entire ContractNVaiver of Default X. Assignment XXVII. Miscellaneous Provisions XI. Termination XXVIII. Supplanting XII. Future Support XXIX. Costs & Attorneys Fees XIII. Hold Harmless and Indemnification XXX. Drug-Free Workplace Certification XIV. Insurance Requirements and Other Federal Requirements XV. Nondiscrimination and Equal XXXI. Constitutional Prohibition Employment Opportunity XXXII. Compliance with Health Insurance XVI. Nondiscrimination in Subcontracting XXXIII. Confidentiality Practices )(XXIV. Board of Directors XVII. Section 504 and Americans with Disabilities Act PART 2 —ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS I. Term of Compliance II. 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 XI. Employment Opportunities on Assisted Construction Projects XII. No Benefit to Owners and Developers of Assisted Housing City of Federal Way Page 3 of 36 2004 HCD Contract 1 • EXHIBITS ATTACHED HERETO I Certificate of Insurance II Federal Way CDBG Program Administration (C04375) D33617A $84,579 CDBG III Federal Way Big Brothers and Big Sisters (C04118) D33617B $16,743 CDBG IV Federal Way CCS — Katherine's House (C04114) D33617C $5,000 CDBG V Federal Way CHCKC Dental Support (C04393) D33617D $14,338 CDBG VI Federal Way ElderHealth NW Connection (C04134) D33617E $7,669 CDBG VII Federal Way Emergency Feeding Program (C04257) D33617F $5,764 CDBG VIII Federal Way YMCA CARES Child Care Subsidy (C04406) D33617G $31,006 CDBG IX Federal Way Senior Center—Adult Day Care (C04258) D33617H $11,980 CDBG X Federal Way Institute for Family Development (C04259) D33617I $9,527 CDBG XI Federal Way Korean Women's Association (C04115) D33617J $5,000 CDBG XII Federal Way MultiCare Health System (C04139) D33617K $7,669 CDBG XIII Federal Way MSC Employee Development (C04578) D33617L $25,762 CDBG PART 1 - GENERAL CONDITIONS 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 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 (the "Exhibit or Exhibits"). 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 do not apply. 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. City of Federal Way Page 4 of 36 2004 HCD Contract • • 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 is 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. City of Federal Way Page 5 of 36 2004 HCD Contract • • f II. • DURATION OF CONTRACT The terms of this Contract shall be in effect from the Start Date (as defined in the Exhibit(s), or the date of execution of this Contract, whichever is earlier, until the Termination Date specified in each Exhibit, unless extended to a later date or terminated earlier, pursuant to the terms and conditions of the Contract. III. COMPENSATION AND METHOD OF PAYMENT The County shall reimburse the agency only for the approved activities specified in each Exhibit and the reimbursement amount shall not exceed the amount specified in each 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 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. The Agency shall submit an invoice, supporting documentation for costs claimed in the invoice and all reports as specified in each 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 forty-five (45) 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 Exhibit providing funding for Service Projects within seven (7) business days after the End Date. The Agency shall submit all outstanding reports for each Exhibit providing funding for Service Projects within thirty (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 Exhibit(s), the Agency shall submit its final invoice, supporting documentation, and all outstanding reports for each Exhibit providing funding for Capital Projects before the End Date specified in the 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 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. City of Federal Way Page 6 of 36 2004 HCD Contract 1 • • 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 Exhibit(s). 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 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 (3) 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 (10%) 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 10% 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 accounting and financial reporting standards. City of Federal Way Page 7 of 36 2004 HCD Contract • • VI. MAINTENANCE OF RECORDS A. Scope of Records. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract, including all records specified in each Exhibit. B. Time for retention of Records. Records required to be maintained in subsection A above shall be maintained for a period of six (6) years after the Termination Date, unless a different period for records retention is specified in the Project/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 (10) 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 (6) year retention period are as follows: (1) Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and (2) The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the 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. 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. City of Federal Way Page 8 of 36 2004 HCD Contract 1 , • • 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. If the Agency is a nonprofit corporation and expends a total of $500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of generally accepted auditing standards "GAAS"; GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. B. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County their response and corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan. C. Municipal Corporations. If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington City of Federal Way Page 9 of 36 2004 HCD Contract • • State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with Part 1, Section 7.A, above. D. 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. E. Additional audit or review requirements, which may be imposed on the County, will be passed on to the Agency 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 (6) years after the Termination Date, unless a different period is specified in the 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. 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 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 (10) 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 thirty (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. City of Federal Way Page 10 of 36 2004 HCD Contract I • • 3. The County shall notify the Agency, in writing, within ten (10) business days of receipt of the Plan, of the County's determination as to the sufficiency of the Plan. The determination of sufficiency of the Plan will be at the sole discretion of the County. 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. 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 fifteen (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 available to the Agency. Within fifteen (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. Xl. 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 thirty (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. City of Federal Way Page 11 of 36 2004 HCD Contract • B. Termination for Cause. 1. The County may terminate this Contract, in whole or in part, upon seven (7) 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 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 City of Federal Way Page 12 of 36 2004 HCD Contract • • 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 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. This subsection applies only to state agencies. Each party to the Contract shall be responsible for the negligence of its officers, employees, and agents in the performance of the Contract. No party to the Contract shall be responsible for the acts and/or omissions of entities or individuals not a party to the Contract. D. Unfair Trade Practices. 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 City of Federal Way Page 13 of 36 2004 HCD Contract • in unfair trade practice. The Agency agrees to indemnify the County for any harm resulting from unfair trade practices. 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, 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. City of Federal Way Page 14 of 36 2004 HCD Contract • • 4. Workers' Compensation. Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or"Other States" state law. 5. Stop Gap/Employers Liability. Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. 6. Property Insurance. Insurance Services Office form number (CP 00 10 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, which ever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss – Special Form) including coverage for collapse, theft and property in transit. The coverage shall insure for direct physical loss to property of the entire construction project, for 100 percent of the replacement value thereof. The policy shall be endorsed to cover the interests, as they may appear, of King County, Owner, Contractor and subcontractors of all tiers with King County listed as a loss payee. D. Minimum Limits of Insurance—Capital Projects: The Agency shall maintain limits no less than, 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 City of Federal Way Page 15 of 36 2004 HCD Contract • • 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 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 City of Federal Way Page 16 of 36 2004 HCD Contract • • 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 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 forty-five (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 furnish 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. 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 City of Federal Way Page 17 of 36 2004 HCD Contract • 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. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Non-discrimination and Fair employment Provisions Incorporated. King County Code Chapters 12.16, 12.17, 12.18, and 12.20 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract, provided however, that no specific levels of utilization of minorities and women in the workforce of the Agency shall be required, and the Agency is not required to grant any preferential treatment on the basis of color, ethnicity, national origin, race, or sex in its employment practices; and provided further that, notwithstanding the foregoing, any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents shall continue to apply. King County Code sections 12.16, 12.17, 12.18, and 12.20 do not apply to an Agency that is a municipal corporation or state agency. B. Non-discrimination. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate nor tolerate harassment on the basis of age, color, creed, national origin, marital status, race, religion, sex, sexual orientation, or the presence of any mental, physical or sensory, disability in the employment, application for employment, the administration or delivery of services, or any other benefits under this Contract. C. Equal Employment Opportunity. The Agency shall implement and carry out the obligations contained 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. Failure to implement and carry out such obligations in good faith may be considered by the County as a material breach of this Contract and grounds for withholding payment and/or termination of the Contract and dismissal of the Agency. D. Compliance with Applicable Laws. The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and 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. 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 contracting or 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; City of Federal Way Page 18 of 36 2004 HCD Contract • 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any 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 therefor, 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 this person has opposed any practice forbidden by King County Code 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 King County Code 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 King County Code Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men and 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; and/or 7. Employer to prohibit any person from speaking 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. F. Non-Discrimination and Equal Employment Opportunity Reporting. 1. If the Agency is a nonprofit corporation and one or more Exhibits attached to this Contract have a cumulative value of$25,000 or more, the Agency shall submit the following with this Contract: a. An Affidavit and Certificate of Compliance on the form provided by the County and attach the original, notarized, completed form to this Contract. Subject to the provisions of KCC 12.16.060, the Agency's Affidavit of Compliance shall be effective for two years after the date on which the report was submitted; b. Sworn Statement of Compliance with King County Chapter 12.16 from any labor unions or employee referral agencies which refers workers or employees or provides or supervises apprenticeship or other training programs from whom Agency obtains employees; City of Federal Way Page 19 of 36 2004 HCD Contract i • • c. The Agency shall also submit Personnel Inventory Reports, Affidavit and Certificates of Compliance and Sworn Statements of Compliance from any contractors or subcontractors it utilizes to perform any work under this contract. Such contractor or subcontractor information shall be submitted prior to the County processing and paying any progress payment, which includes such contractor or subcontractor work; and d. All reports and forms provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs; Assistance with the requirements of this Section and copies of King County Chapters 12.16 and 12.18 are available from the King County Business Development and Contract Compliance Division, phone (206) 296-3439. 2. If the Agency is a nonprofit corporation and one or more Exhibits attached to this Contract have a cumulative value of $25,000 or more, the County shall not execute an agreement or contract without prior receipt of fully executed forms listed in subparagraph 1, above. G. 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 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 H, I, and J. H. 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 City of Federal Way Page 20 of 36 2004 HCD Contract • • 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. I. 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 privi- lege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. f. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity. g. Denying any person any opportunity to participate in a program or activity as an employee. h. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and communication barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense. 2. The Agency shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of age, color, familial status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or sensory disability; or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular age, color, familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability 3. The Agency, in determining the site or location of housing or facilities provided in whole or in part with funds under this Contract, may not make selections of such site or location which have the effect of excluding individuals, denying them City of Federal Way Page 21 of 36 2004 HCD Contract • • • 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. J. 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 A. Compliance with Initiative 200. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE participation or purchase from M/WBE certified vendors is required and no preference will be given for M/WBE utilization or M/WBE status. provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. Non-Discrimination. During the term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with contractors and suppliers, the Agency shall not discriminate against any person on the basis of age, color, creed, marital status, nationality, race, religion, sex, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Record-Keepinq Requirements. The Agency shall maintain, after completion of all work under this contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as contractors, subcontractors and suppliers in this contract and in its overall public and private business activities for the same period. The Agency shall also maintain, after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract. Such records shall be retained by the Agency for the period specified in Part 1, Section VI above. Agency shall make such documents available to the County for inspection and copying upon request. D. Open Competitive Opportunities. The County encourages the Agency to utilize small businesses, including minority owned businesses ("MBEs") and women-owned businesses ("WBEs")(collectively, "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. Scheduling a pre-bid or pre-solicitation conference to provide project information and to inform M/WBEs and other firms of contracting and subcontracting opportunities; 2. Placing all qualified small businesses attempting to do business in the County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to M/WBEs and all other small businesses capable of performing the work, including without limitation all businesses on any list provided City of Federal Way Page 22 of 36 2004 HCD Contract • 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 encourages 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; and 6. Utilizing 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 the OMWBE office at (360) 753-9693 or on-line through its web site at http://www.wsdot.wa.gov/ombe/. E. 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 of payment and any other sanctions provided for by contract and by applicable law. F. Affidavits of Amounts Paid. Upon completion of all work and as a condition precedent to final payment, the Agency shall submit a final Affidavit of Amounts Paid, identifying amounts actually paid and amounts owed to each contractor or subcontractor firm for performance under the Contract. Failure to submit such affidavits may result in withholding of payments or the final payment. The County shall provide affidavit forms. G. Site Visits. The County may at any time visit the site of the work and the Agency's office to review records related to actual utilization of and payments to contractors. The Agency shall maintain sufficient records necessary to enable the County to review utilization of contractors. The Agency shall provide assistance requested by the County during such visits. Projects using federal funds shall also comply with subsections H and I. H. 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. City of Federal Way Page 23 of 36 2004 HCD Contract • I. Nondiscrimination in Federally Assisted Construction. 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 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 Americans with Disabilities Act of 1990 (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.A-G 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. 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 City of Federal Way Page 24 of 36 2004 HCD Contract • • under this Contract: Part 1, Sections XIII.B, XIV.J, XV.H-I, and XIX.B.3 and, if the subcontract is for construction, Part 2, Sections X and XI. 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 .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 (5%) of the bid price; (b) a performance bond from the contractor for one hundred percent (100%) of the contract price; and (c) a payment bond from the contractor for one hundred percent (100%) 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 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 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 City of Federal Way Page 25 of 36 2004 HCD Contract S • 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. 3. 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. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifi- cation 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. City of Federal Way Page 26 of 36 2004 HCD Contract • • 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. 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. City of Federal Way Page 27 of 36 2004 HCD Contract 1 • • 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 fifteen percent (15%) 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. XXVI. 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 default. Waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent 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. )(XVIII. 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 City of Federal Way Page 28 of 36 2004 HCD Contract • 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. ATTORNEYS FEES AND COSTS If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Contract, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney's fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of this Contract shall be in King County, Washington. XXX. 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 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. XXXI. 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. City of Federal Way Page 29 of 36 2004 HCD Contract 1 • • XXXII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 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. The Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health information other than as provided for in this Contract. 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 provided for by this Contract of which it becomes aware. 5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of 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 City of Federal Way Page 30 of 36 2004 HCD Contract • • i 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. 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. XXXIV. BOARD OF DIRECTORS The requirements of this section apply only to the agencies that qualify as a non-profit organizations under U.S.C., Subtitle A, Chapter 1, Subchapter F, part 1, Section 501(C) (3). The Agency shall have a Board of Directors, that shall be comprised of neither employees, nor relatives of employees, officers or directors of the Agency. For purposes of this section, a relative is defined as husband, wife, father, father-in-law, mother, mother- in-law, brother, brother in-law, sister, sister-in-law, son-in-law, daughter-in-law, niece, nephew, grandparent, grandchild, uncle, aunt, child, child of domestic partner, and domestic partner. In addition, the relatives of a domestic partner shall be considered relatives. The Board of directors shall cause to be adopted a formal conflict of interest policy for board members that complies with the applicable provisions of the Internal Revenue Code and its 501(C)(3) status, that addresses issues regarding gifts, financial gain, and improper use of position. The Board of Directors shall cause to be adopted a formal conflict of interest policy for Board members that complies with the applicable provisions of the Internal Revenue Code 501(C)(3) status and addresses issues regarding gifts, financial gain, and improper use of position. The Board of Directors shall meet regularly. City of Federal Way Page 31 of 36 2004 HCD Contract • PART 2 - ADDITIONAL REQUIREMENTS FOR CAPITAL PROJECTS The provisions of this Part 2 are applicable to Exhibit(s), which provide funding for Capital Projects. For 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 an 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 an 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 thirty (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 32 of 36 2004 HCD Contract • • 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: (a) repair or restoration of the real property is feasible and that sufficient funds are available to complete such work; (b) after the completion of work, the real property can be feasibly operated within the restrictions and requirements of the Exhibit; and (c) 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 sixty (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 sixty (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 City of Federal Way Page 33 of 36 2004 HCD Contract • • Part 888. The Agency must comply with the one-for-one replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR Part 570.606. VII. AFFIRMATIVE MARKETING A. Federal Marketing Requirements. Each Agency must adopt affirmative marketing procedures and requirements for projects containing five (5) 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 City of Federal Way Page 34 of 36 2004 HCD Contract • • of preparing plans, studies, reports and the publication of notices that may be required. The Agency and its contractors shall not take any actions inconsistent with 24 CFR Part 58. 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. 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 prescribed 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 City of Federal Way Page 35 of 36 2004 HCD Contract • • • units. For projects assisted with HOME funds, this Section shall not apply to rehabilitation of rental property consisting of less than twelve 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. Xl. 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. 1701u ("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 Exhibits which meet all three of the following criteria: 1. The Exhibit must include $200,000 or more in total HUD funds from one or more program years; and 2. The 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. 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 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 or CX-assisted unit as the project manager or maintenance worker. City of Federal Way Page 36 of 36 2004 HCD Contract • EXHIBIT I • HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOWER,THIS CERTIFICATED=NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • !x r s 1t�a r WASHINGTON INSURANCE SERVICES,INC. GENERAL LIABILITY 18106 140th AVENUE N.E. ST PAUL FIRE&MARINE INSURANCE COMPANY • WOODINVILLE,WASHINGTON 98072-6874 AUTOMOBILE LIABILITY PHONE(425)4824767 FAX(425)482-2777 ST PAUL FIRE&MARINE INSURANCE COMPANY PROPERTY CTTYOFFEDERAL WAY ST PAUL FIRE&MARINE INSURANCE COMPANY CRIME PUBLIC EMPLOYEE DISHONESTY!BOND AMEMBER OFCITIES INSURANCE ASSOCIATION OFWASIIINGTON ST PAUL FIRE&MARINE INSURANCE COMPANY P.O.BOX 9718 • 33530 FIRST WAY • FEDERAL WAY,WA 98003-6210 Tiffs 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. COMMERCIAL GENERAL LIABILITY GP063O1432 9/1/2003 9/1/2004 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) ATAILM IM C' _ _ -ZJAN P4- _ ,1*,t. ANY AUTO GP06301432 9/1/2003 9/1(2004 - COMBINED SINGLE LIMIT $10,000,000. (LIABILITY IS SUBJECT TO A$100,000.SIR,PAYABLE FROM POOL FUNDS) 1,14..:a.a,� .2i� rM41,. 'V x:-,rxiy-_. GP06301432 9/1/2003 9/1/2004 $15,000,000.LIMIT • OR AP 1 P•110 s EMPLOS'EiE D1'St,(6RAMOVID .a , :k ' ,,, t a GP06301432 9/1/2003 9/1/2004 $500,000.PER LOSS Do0,31�P`I'10Pj`O, tptof T wpwatoSI y:c f-, '". ° r";f THE CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS THE NAMED INSURED'S 2003 CONTRACT WITH. THE DEPARTMENT OF COMMUNITY&HUMAN SERVICES,COMMUNITY DEVELOPMENT BLOCK GRANT AND ARE SUBJECT TO THE POLICY TERMS,CONDITIONS AND EXCLUSIONS AND THE ATTACHED ENDORSEMENT. WITH REGARDS TO STOP GAP EMPLOYERS- LIABILITY COVERAGE IT IS INCLUDED AT LIMITS REFLECTED IN THE GENERAL LIABILITY SECTION ABOVE. A6#a - /3z 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 REPRESENTITIYES, C A R lr ; '. KING COUNTY HOUSING&COMMUNITY DEVELOPMENT 821 SECOND AVENUE,SUTIE#500 SEATTLE,WA 98104-1598 (tNi(/ ATTN: FAITH FERRERIA RANDAL D,STORM • City of Federal Way, Exhibit I Page 1 of 3 2004 HCD Contract • • EXHIBIT I • • PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS " StPaUl . 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 GP06301432 8/28/2003 9/1/03 40502 Ed. 1-80 Printed in U.S.A. Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 City of Federal Way, Exhibit I Page 2 of 3 2004 HCD Contract • EXHIBIT I • PUBLIC ENTITY LIABILITY PROTECTION POOLING GROUPS rna&PaUl 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 oLproperty 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. • Name of Insured Policy Number Processing Date Effective Date Cities Insurance Association of Washington GP06301432 8/28/2003 9/1/03 40502 Ed. 1-80 Printed in U.S.A. Customized Form ©St. Paul Fire and Marine Insurance Co. 1980 2004 HCD Contract City of Federal Way, Exhibit I Page 3 of 3 • • EXHIBIT II CITY OF FEDERAL WAY Federal Way CDBG Program Administration /4G 0 04-13a, Contract No.: D33617A Project No.: C04375 King County Project Manager: Kathy Tremper City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us 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 Eighty-four Thousand Five Hundred Seventy-nine Dollars ($84,579) in CDBG funds during the contract period January 1, 2004, through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds to plan and administer the City's CDBG projects in accordance with the CDBG Interlocal Cooperation Agreement (ICA). B. Program Requirements. The City agrees to perform the following: 1. Meet with HCD staff in the first quarter of 2004 for training on the HCD Plan's citizen participation requirements, assessing projects for eligibility and other subjects of interest identified by City staff; 2. Participate or assist in conducting at least one of the following CDBG Consortium meetings or workshops: • Regional Community Facility Pre-application Workshop; • Public meeting on Consolidated Annual Performance Evaluation Report; • Working group to prepare recommendations for allocating Consortium-wide Program Income; • HOME Working Group; • Working group to monitor the performance of the Housing Stability Project and make recommendations for future years; • Working group to provide input on the Consortium's Fair Housing Action Plan; • Working group to provide input on the Safe Harbors data system; and/or • Working group to develop guidelines for and to rank McKinney homeless funding applications; City of Federal Way, Exhibit II Page 1 of 5 2004 HCD Contract • • • 3. Ensure (ICAs) for 2003-2005 for the King County CDBG Consortium and King County HOME Consortium are followed; 4. Submit by June 18, 2004 completed Pass-through City Certification Form for 2005 to the County; 5. Publicize and conduct a public meeting prior to seeking City Council approval of allocation of CDBG project funds. The City shall publish a public notice in a newspaper of general circulation at least two weeks prior of a public meeting. Such notice shall include a brief description of the projects proposed for funding, information on where citizens may obtain detailed information about the proposed projects and indicate that citizens may comment on or ask questions about the proposed projects. The public meeting shall include an opportunity for citizens to comment on and ask questions about the projects the City proposes to fund. After the public meeting, the City shall provide to the County copies of the following documents: • Public notice and affidavit of publication; • Public meeting agenda and commission, committee or staff report, if any; • Minutes documenting Council action; • Written comments submitted by citizens at the meeting; • Summary of comments made orally by citizens at the meeting, if any; and • Documentation that the City considered comments (i.e., correspondence or minutes). 6. Notify the County of minor changes, amendments and substantial changes to City funded projects listed in the Consortium's 2004 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 fourteen (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 fourteen (14) days prior to Council action. The Public Notice for substantial changes shall be published at least thirty (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: • Public notice and affidavit of publication; • Staff report, if any, and Council meeting minutes approving the amendment or substantial change; City of Federal Way, Exhibit II Page 2 of 5 2004 HCD Contract • • • A summary of oral comments by citizens regarding amendments and substantial changes at meetings, if any; and • Documentation that the City considered comments (i.e., correspondence or minutes). 7. Provide information to interested citizens, organizations and public officials regarding the City's CDBG funded activities and the City's process and criteria for awarding CDBG funds; 8. Respond to comments and questions regarding projects assisted with the City's CDBG funds and provide copies to the County; 9. Provide technical assistance to nonprofit organizations and other agencies proposing projects for City CDBG funding prior to Council approval in order to ensure that proposals comply with CDBG Program Regulations and are consistent with the HCD Plan; 10. Submit by September 22, 2004, a completed Summary Sheet and project applications, in formats approved by the County. 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; and 11. If the City allocates CDBG funds for Service Projects that are subcontracted to nonprofit organizations, the City shall monitor performance under each subcontract at least once every two (2) years and submit a written report in a format approved by the County. 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 the subcontract provisions required under Part 1, Section 18, and the record-keeping provisions required under Section IV.A of each Service Project Exhibit. III. COMPENSATION AND METHOD OF PAYMENT A. Compensation. The total amount of payments pursuant to this Project Exhibit shall not exceed Eighty-four Thousand Five Hundred Seventy-nine Dollars ($84,579). The Agency shall be paid twenty-five percent (25%), or Twenty-one Thousand, One Hundred Forty- seven Dollars and seventy-five cents ($21,144.75), of the total contract compensation quarterly, subject to the terms in Part 1, Section III, and the following terms and conditions: The quarterly voucher invoice shall be accompanied by all reports required by Section 11.6 of this Exhibit which fall due during the billing period. The Program Accomplishment Form shall include a brief narrative listing activities, dates and times the City has chosen to comply with Project Requirements listed in II. B (i.e., participated on HOME work group by attending a meeting(s) held). Quarter Milestones 1St Quarter January— March: 2003 Project Completion Form; City of Federal Way, Exhibit II Page 3 of 5 2004 HCD Contract • • 2nd Quarter April - June: Specific Reports — Section 11.13.4. Specific Reports - Section II.B.5.; Section 3rd Quarter July — September: 11.13.10. 4di Quarter October— December: Final Voucher Request (due by January 10, 2005) Public Service Project Monitoring Report(s), in a format approved by the County. B. 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 Eighty-four Thousand Five Hundred Seventy-nine Dollars ($84,579). 1. CDBG Funds: King County CDBG — Pass-through City Funds $84,579 Total CDBG Funds: $84,579 2. Line Item Budget: Personnel Services (detail below) $76,334 Office or Operating Supplies $500 ' Consultant or Purchased Services 0 Construction Contracts 0 Communications $1,500 Travel and Training $3,500 Other (specify below): $2,745 Total CDBG Funds $84,579 3. Personnel Detail: Position Title Position Full Time Annual Salary CDBG Funds Equivalent and Benefits CDBG Coordinator 1.0 $63,102 $63,102 Admin Assist .0193 $44,637 $863 Temp Admin Assist .3654 $33,852 $12,369 Total: 1.3847 $141,591 $76,334 IV. REPORTING AND EVALUATION REQUIREMENTS A. Records. In addition to the records required by Part 1, Section IV, 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; City of Federal Way, Exhibit II Page 4 of 5 2004 HCD Contract • • 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: • 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; • staff travel, documentation of mileage charges for private auto; and • copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 7. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts; and 8. Documentation required by this Contract if any funds provided under this Exhibit are used to acquire equipment. B. Invoices and Reports. The City shall submit invoices to the County within twenty (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 1, Section III.0 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 City shall submit with each invoice a completed Program Accomplishment Form, in a format provided by the County. City of Federal Way, Exhibit II Page 5 of 5 2004 HCD Contract • • PROJECT EXHIBIT III /46# 01 CITY OF FEDERAL WAY Federal Way Big Brothers and Sisters / Federal Way Mentoring Program Contract No.: D33617B Project No.: C04118 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Sixteen Thousand Seven Hundred and Forty-three Dollars ($16,743) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds toward recruiting, matching and maintaining the 2004 Federal Way youth mentoring program, through a subcontract with Big Brothers Big Sisters of King and Pierce Counties. This project will help to partially meet the need for youth mentoring services for low- to moderate-income Federal Way residents. B. Performance Measures. 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. 2004 No. of unduplicated persons assisted 22 4 7 7 40 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. 2004 New youth matched 4 4 7 7 22 Presentations and Media Hits 2 2 2 2 8 City of Federal Way, Exhibit Ill Page 1 of 4 2004 HCD Contract • • 3. Definition of Services: • New youth matched: Youth on the waiting list matched with a new volunteer mentor. • Presentations and Media Hits: Presentations are to groups of 10 or more Federal Way/South King County residents targeted as potential volunteer mentors. Media Hits refers to unpaid news references in local media. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Sixteen Thousand Seven Hundred and Forty-three Dollars ($16,743). A. CDBG Funds. King County CDBG — Pass-through City Funds $16,743 Total CDBG Funds $16,743 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $16,743 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $16,743 C. Invoices. The City shall submit invoices to the County within twenty (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. 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. City of Federal Way, Exhibit Ill Page 2 of 4 2004 HCD Contract • s 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific 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. City of Federal Way, Exhibit Ill Page 3 of 4 2004 HCD Contract • i 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 the applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with 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. C. If the Implementing Agency expends $500,000 or more in Federal funds annually, the City agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States, Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are resolved within six months of the date of the audit report. City of Federal Way, Exhibit III Page 4 of 4 2004 HCD Contract • • PROJECT EXHIBIT IV A 40i-t,f3,2- CITY OF FEDERAL WAY Federal Way Catholic Community Services - Katherine's House Contract No.: D33617C Project No.: C04114 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Five Thousand Dollars ($5,000) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds to supplement case management and staffing costs for on-site services to Federal Way residents at Katherine's House to provide transitional housing for homeless single women in recovery through a subcontract with Catholic Community Services. This project will help to partially meet the need for case management services for low- and moderate-income Federal Way residents. B. Performance Measures. 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. 2004 No. of unduplicated persons assisted , 1 0 0 0 1 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. 2004 Case Management Hours 15 15 15 15 60 Bednights 37 37 37 37 148 City of Federal Way, Exhibit IV Page 1 of 4 2004 HCD Contract • • • 3. Definition of Services: • Case Management Hours: Number of hours of direct client contact and collateral case management for clients. • Bednights: Number of nights of housing provided based on one night/one bed/one client = one bednight. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Five Thousand Dollars ($5,000). A. CDBG Funds. King County CDBG — Pass-through City Funds $5,000 Total CDBG Funds $5,000 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $5,000 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $5,000 C. Invoices. The City shall submit invoices to the County within twenty (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. 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. City of Federal Way, Exhibit IV Page 2 of 4 2004 HCD Contract • • 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific B. Reports. 1. The City shall collect and report client information to the County quarterly and annually on a Client Profile Report provided by the County. 2. The City shall collect and report client information to the County quarterly and annually on an Emergency Shelter/Transitional Housing Project Activity Report provided by the County. 3. 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. City of Federal Way, Exhibit IV Page 3 of 4 2004 HCD Contract • • • 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 the applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with 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. C. If the Implementing Agency expends $500,000 or more in Federal funds annually, the City agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States, Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are resolved within six months of the date of the audit report. City of Federal Way, Exhibit IV Page 4 of 4 2004 HCD Contract • • PROJECT EXHIBIT V CITY OF FEDERAL WAY Federal Way Community Health Centers of King County (CHCKC) Dental Support Contract No.: D33617D Project No.: C04393 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: '(253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Fourteen Thousand Three Hundred Thirty-eight Dollars ($14,338) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds to provide 103 dental visits for 49 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. B. Performance Measures. 1. The City agrees to serve, at minimum, the following unduplicated number of persons with CDBG funds: 1st Qtr 2nd Qtr 3`d Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2004 No. of unduplicated persons assisted 19 14 10 6 49 2. The City agrees to provide, at minimum, the following units of service by quarter: 1St Qtr 2"d Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2004 Dental visits to Federal Way clients 26 26 26 26 103 City of Federal Way, Exhibit V Page 1 of 4 2004 HCD Contract • • 3. Definition of Services: • Dental visits: Dental visits provided to individuals living in Federal Way. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Fourteen Thousand Three Hundred Thirty-eight Dollars ($14,338). A. CDBG Funds. King County CDBG — Pass-through City Funds $14,338 Total CDBG Funds $14,338 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $14,338 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $14,338 C. Invoices. The City shall submit invoices to the County within twenty (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. 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. City of Federal Way, Exhibit V Page 2 of 4 2004 HCD Contract • • 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific 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. City of Federal Way, Exhibit V Page 3 of 4 2004 HCD Contract • • 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 the applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with 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. C. If the Implementing Agency expends $500,000 or more in Federal funds annually, the City agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States, Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are resolved within six months of the date of the audit report. City of Federal Way, Exhibit V Page 4 of 4 2004 HCD Contract • PROJECT EXHIBIT VI AG p4_132— CITY OF FEDERAL WAY Federal Way ElderHealth NW Connection -Adult Day Care Contract No.: D33617E Project No.: C04134 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Seven Thousand Six Hundred Sixty-nine Dollars ($7,669) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds to provide health and social services to Federal Way residents that are frail elders and individuals with chronic illnesses or disabilities through a subcontract with ElderHealth Northwest. This project will help to partially meet the need for health and social services for frail elders and individuals with chronic illnesses or disabilities that are Federal Way residents. B. Performance Measures. 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. 2004 No. of unduplicated persons assisted 13 1 1 1 16 2. The City agrees to provide, at minimum, the following units of service by quarter: 1St Qtr 2"d Qtr 3rd Qtr 4th Qtr Total In Jan— April— July— Oct— Year March June Sept. Dec. 2004 Number of client days 100 100 100 100 400 Hours of caregiver respite 500 500 500 500 2000 City of Federal Way, Exhibit VI Page 1 of 4 2004 HCD Contract • • 3. Definition of Services: • Number of client days: One day spent in program receiving services. • Hours of caregiver respite: Number of hours of care given to clients providing relief to primary caregiver from 24-hour responsibility. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Seven Thousand Six Hundred Sixty-nine Dollars ($7,669). A. CDBG Funds. King County CDBG — Pass-through City Funds $7,669 Total CDBG Funds $7,669 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $7,669 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $7,669 C. Invoices. The City shall submit invoices to the County within twenty (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. 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. City of Federal Way, Exhibit VI Page 2 of 4 2004 HCD Contract • • • 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific 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. City of Federal Way, Exhibit VI Page 3 of 4 2004 HCD Contract • • 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 the applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with 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. C. If the Implementing Agency expends $500,000 or more in Federal funds annually, the City agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States, Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are resolved within six months of the date of the audit report. City of Federal Way, Exhibit VI Page 4 of 4 2004 HCD Contract • • PROJECT EXHIBIT VII CITY OF FEDERAL WAY ` ,: , , Federal Way Emergency Feeding Program Contract No.: D33617F Project No.: C04257 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Five Thousand Seven Hundred Sixty-four Dollars ($5,764) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds to provide nutritionally balanced and culturally sensitive food packs to 384 Federal Way residents in emergency hunger situations through a subcontract with the Emergency Feeding Program. B. Performance Measures. 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. 2004 No. of unduplicated persons assisted 96 96 96 96 384 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. 2004 Meals provided 576 576 576 576 2304 City of Federal Way, Exhibit VII Page 1 of 4 2004 HCD Contract ! i 3. Definition of Services: • Meals provided: One food pack equals six meals x 384 clients = 2304 meals per year. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Five Thousand Seven Hundred Sixty-four Dollars ($5,764). A. CDBG Funds. King County CDBG — Pass-through City Funds $5,764 Total CDBG Funds $5,764 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $5,764 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $5,764 C. Invoices. The City shall submit invoices to the County within twenty (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. 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. City of Federal Way, Exhibit VII Page 2 of 4 2004 HCD Contract • • 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific 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. City of Federal Way, Exhibit VII Page 3 of 4 2004 HCD Contract • • 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 the applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with 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. C. If the Implementing Agency expends $500,000 or more in Federal funds annually, the City agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States, Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are resolved within six months of the date of the audit report. City of Federal Way, Exhibit VII Page 4 of 4 2004 HCD Contract • PROJECT EXHIBIT VIII A&ft 04-(32 CITY OF FEDERAL WAY Federal Way YMCA CARES Child Care Subsidy Contract No.: D33617G Project No.: C04406 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Thirty-one Thousand Six Dollars ($31,006) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. The City shall use CDBG funds to provide 345 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. B. Performance Measures. 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. 2004 No. of unduplicated persons assisted 33 0 0 0 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. 2004 Childcare days 86 86 86 87 345 City of Federal Way, Exhibit VIII Page 1 of 4 2004 HCD Contract • 3. Definition of Services: • Childcare days: A session of care = daily attendance in the morning program or the afternoon program. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Thirty-one Thousand Six Dollars ($31,006). A. CDBG Funds. King County CDBG — Pass-through City Funds $31,006 Total CDBG Funds $31,006 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $31,006 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $31,006 C. Invoices. The City shall submit invoices to the County within twenty (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. 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. City of Federal Way, Exhibit VIII Page 2 of 4 2004 HCD Contract • 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific 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. City of Federal Way, Exhibit VIII Page 3 of 4 2004 HCD Contract 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 the applicable provisions of this Exhibit. B. The City shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the City for goods, materials or services already provided. The City shall invoice the County after the Implementing Agency has invoiced the City. The City shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The City shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with 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. C. If the Implementing Agency expends $500,000 or more in Federal funds annually, the City agrees to ensure that the nonprofit agency is audited in compliance with OMB Circular A-133 (Audits of States, Local Governments, and Nonprofit Organizations). The City shall review audit reports submitted by the nonprofit agency as prescribed in the Single Audit Act of 1984 and ensure that any audit findings are resolved within six months of the date of the audit report. City of Federal Way, Exhibit VIII Page 4 of 4 2004 HCD Contract • • PROJECT EXHIBIT IX CITY OF FEDERAL WAY AC14 04-0 Federal Way Senior Center, Adult Day Care Contract No.: D33617H Project No.: C04258 King County Project Manager: Wendy DeRobbio City Contact Person: Kelli O'Donnell Start Date: January 1, 2004 Telephone: (253) 661-4153 End Date: December 31, 2004 Fax: (253) 661-4048 Termination Date: December 31, 2004 Email: kelli.odonnell@ci.federal-way.wa.us I. 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 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 Eleven Thousand Nine Hundred Eighty Dollars ($11,980) in CDBG funds during the contract period January 1, 2004 through December 31, 2004. II. PROGRAM DESCRIPTION A. Project Exhibit Summary. 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. B. Performance Measures. 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._ 2004 No. of unduplicated persons assisted 2 2 2 2 8 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. 2004 Days of care 102 292 356 324 1074 3. Definition of Services: City of Federal Way, Exhibit IX Page 1 of 4 2004 HCD Contract • • • Days of care: Total number of days of care provided to the unduplicated persons assisted. III. COMPENSATION AND METHOD OF PAYMENT The City shall apply the following CDBG funds to the exhibit in accordance with the Line Item Budget Summary below. The total amount of reimbursement pursuant to this Scope shall not exceed Eleven Thousand Nine Hundred Eighty Dollars ($11,980). A. CDBG Funds. King County CDBG — Pass-through City Funds $11,980 Total CDBG Funds $11,980 B. Line Item Budget. Personnel Services (detail below) 0 Office or Operating Supplies 0 Consultant or Purchased Services $11,980 Construction Contracts 0 Communications 0 Travel and Training 0 Other (specify below): 0 Total CDBG Funds $11,980 C. Invoices. The City shall submit invoices to the County within twenty (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 II I(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. 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, Exhibit IX Page 2 of 4 2004 HCD Contract . • 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: • personnel costs, payroll time sheets for actual salary and fringe benefit costs; time sheets shall be signed by a supervisor and, if less than full time, annotated to document percent of time charged against this exhibit; • staff travel, documentation of mileage charges for private auto; and • 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. 11. The City shall ensure that services provided with funding under this Contract are made available to residents of the following jurisdictions participating in the King County CDBG Consortium: Algona Federal Way Redmond Beaux Arts Hunts Point Renton • Black Diamond Issaquah SeaTac Bothell Kenmore Shoreline Burien Kirkland Skykomish Carnation Lake Forest Park Snoqualmie Clyde Hill Maple Valley Tukwila Covington Mercer Island Woodinville Des Moines Newcastle Yarrow Point Duvall North Bend Unincorporated King County Enumclaw Pacific 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 the provisions of this Exhibit. City of Federal Way, Exhibit IX Page 3 of 4 2004 HCD Contract