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AG 20-958 - Financial Counseling
RETURN TO: Sarah Bridgeford EXT: 253-350-2863 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Community Development 2. ORIGINATING STAFF PERSON: Sarah Bridgeford EXT: 253-350-2863 3. DATE REQ.BY:10/28/2020 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT A HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E,G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER s 5. PROJECT NAME: Financial Counseling 6. NAME OF CONTRACTOR: South Sound Outreach Services ADDRESS: 1106 Martin Luther King Jr.Way,Tacoma,WA 98405 'TELEPHONE 253-593-2111 E-MAIL:bryan@soundoutreach.org FAX: SIGNATURE NAME: Bryan Flint TITLE Executive Director 7. EXHIBITS AND ATTACHMENTS:A SCOPE,WORK OR SERVICES F COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE IN ALL OTHER REFERENCED EXHIBITS A PROOF OF AUTHORITY TO SIGN A REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: October 21,2020 COMPLETION DATE: 12/30/2020 9. TOTAL COMPENSATION$ 90,000.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ®NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER SJB 1 0/21 120 20 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 2 LAW DK 10-26-2020 11. COUNCILAPPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 10/20/2020 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LAW DEPARTMENT `~ ATORY(MAYOR OR DIRECTOR) '�}► L&CITYY CLERK Z ❑ ASSIGNED AG# AG# '' S COMMENTS: 2/2017 ` Feder CITY D1 CITY HALL Federal Way 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com HUMAN SERVICES AGREEMENT FOR FINANCIAL COUNSELING This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation("City"),and South Sound Outreach Services,a Washington public benefit corporation("Contractor").The City and Contractor(together"Parties")are located and do business at the below addresses,which shall be valid for any notice required under this Agreement: SOUTH SOUND OUTREACH SERVICES: CITY OF FEDERAL WAY: Bryan Flint Sarah Bridgeford 1106 Martin Luther King Jr. Way 33325 8th Avenue South Tacoma, WA 98405 Federal Way, WA 98003-6325 (253) 593-2111 (telephone) (253) 835-2650 (telephone) bryan(a,soundoutreach.org sarah.brid eford@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall be for a period commencing on October 21, 2020 and terminating on December 30, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES.The Contractor shall perform the services more specifically described in Exhibit A,attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed to the City's satisfaction,within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee.Additionally,the Contractor shall perform in accordance with the provisions of the Services Contract between the City and King County ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated,The Contractor warrants that it has the requisite training,skill,and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities,including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject,at all times,to inspection by and approval of the City,but the making(or failure or delay in making) such inspection or approval shall not relieve the Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION.Either party may terminate this Agreement,with or without cause,upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance,breaches confidentiality,or materially violates Section 12,and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall reimburse the Contractor only for the approved activities and in accordance with the procedures as specified in Exhibit B.The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. 4.2 Method of Payment. On a quarterly basis,the Contractor shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by HUMAN SERVICES AGREEMENT - 1 - 3/2017 ` clrr OF CITY HALL Federal � Feder l Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cltyoffederalway.com this Agreement.Payment shall be made on a quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Contractor's reports, as a measure of satisfactory performance under this Agreement.The City shall review the Contractor's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Contractor fail to meet the performance measures for each quarter,the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement.Exceptions may be made at the discretion of the City's Human Services Manager in cases where circumstances beyond the Contractor's control impact its ability to meet its service unit goals and the Contractor has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Contractor and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Contractor shall submit its final invoice by the date indicated on Exhibit B. If the Contractor's final invoice,supporting documentation,and reports are not submitted by the last date specified in Exhibit B,the City shall be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice; provided, however,that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget.The Contractor shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B.The Contractor shall request in writing prior approval from the City 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 City in writing. 4.5 Nan-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period,the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Coil l r ctur l ndemn i l ication.The Contractor agrees to release,indemnify,defend,and hold the City,its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands,actions,suits,causes of action,arbitrations,mediations,proceedings,judgments,awards,injuries,damages,liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation,their respective agents, licensees, or representatives arising from,resulting from, or in connection with this Agreement or the performance of this Agreement,except for that portion ofthe claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.Contractor shall ensure that each subcontractor shall agree to defend and indemnify the City,its elected officials,officers,employees,agents,representatives,insurers,attorneys,and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph.The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurancc A t Wainer. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act,Title 51 RCW,solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages,compensation or benefits payable to or by any third party under workers' compensation acts,disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 Cio In The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, HUMAN SERVICES AGREEMENT - 2 - 3/2017 ` ctxY OF CITY HALL �� I 8th Avenue South Federad e ra l Way.WA 98003-6325 Wa y (253) 835-7000 www.cityoffederal way.com demands,actions,suits,causes of action,arbitrations,mediations,proceedings,judgments,awards,injuries,damages,liabilities, losses,fines,fees,penalties expenses, attorney's fees, costs,and/or litigation expenses to or by any and all persons or entities, including without limitation,their respective agents,licensees,or representatives,arising from,resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 5.5 Waiver of Claims Against State.King County is not liable for claims or damages arising from the Contractor's performance of this agreement. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum,the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises,operations,independent contractors,products-completed operations,stop gap liability,personal injury,bodily injury,death,property damage,products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers'compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit D and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made,"Contractor shall be required to maintain tail coverage for a minimum period of three(3)years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY.All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery.The Contractor shall make such data,documents,and files HUMAN SERVICES AGREEMENT - 3 - 3/2017 ` CITY 4]F CITY HALL South Federal Way Feder l Avenue 8003 Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AN1) RECORDS.The Contractor agrees to maintain books,records,and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six(6)years after the termination of this Agreement and may be subject,at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. This Agreement incorporates by reference the audit requirements of 2 CFR Part 200, Subpart F. Contractor agrees to meet its burdens under these requirements. 10. INDEPENDENT CONTRACTOR.The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work,the City being interested only in the results obtained under this Agreement.The City shall be neither liable nor obligated to pay Contractor sick leave,vacation pay or any other benefit of employment,nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose.All work shall be done at Contractor's own risk,and Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City,regardless of whether such may provide a secondary or incidental benefit to the Contractor,shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST.It is recognized that Contractor may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was,is,or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER.In all services,programs,activities,hiring,and employment made possible by or resulting from this Agreement or any subcontract,there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees,agents, sub-agencies, or representatives against any person because of sex,age (except minimum age and retirement provisions),race,color,religion,creed,national origin,marital status,or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW,Title VI of the Civil Rights Act of 1964,the Americans With Disabilities Act,Section 504 of the Rehabilitation Act of 1973,49 CFR Part 21,21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. DEBARMENT AND SUSPENSION. Contractor certifies that, except as noted below, the firm, association, or corporation or any person controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension,debarment,voluntary exclusion,or determination of ineligibility by any federal Contractor; has not been suspended,debarred,voluntarily excluded,or determined ineligible by any federal Contractor with the past three (3)years;does not have a proposed debarment pending and has not been indicted,convicted,or had a civil judgment rendered against said person,firm,association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three(3)years((Executive Orders 12549 and 12689. "Debarment and Suspension"). HUMAN SERVICES AGREEMENT - 4 - 3/2017 ` ctrY OF CITY HALL 33325 Ift Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 vmwl (253) 835-7000 www cityoffederalway.com 14. CARES Act Provisions. 14.1 Funding for this Agreement is made available under section 601(a)ofthe Social Security Act,as added by section 5001 ofthe Coronavirus Aid,Relief,and Economic Security Act("CARES Act")and section V and VI ofthe CARES Act,for costs incurred due to the public health emergency concerning the Coronavirus Disease 2019(COVID-19).Under the CARES Act,the Coronavirus Relief Fund may be used to cover costs that: a. Are necessary expenditures incurred due to the COVID-19 public health emergency; and b. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of the enactment ofthe CARES Act) for the state or local government. 14.2 If the Contractor currently has other active awards of funds from or through the City, or if the recipient receives another award during this award's period of performance,the recipient must determine promptly whether funds form any of those other awards have been, are being,or are able to be used, in whole or in part,for one or more ofthe identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the City in writing of the potential duplication,and if the City requests,must seek a budget modification or change of project scope to eliminate any duplication of funding. 15. GENERAL PROVISIONS. 15.1 Interpretation and N'loditication. This Agreement, together with any attached Exhibits, contains all ofthe agreements ofthe Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,whether oral or written,shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement,the terms ofthis Agreement shall prevail.The respective captions ofthe Sections ofthis Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions ofthis Agreement.Any provision ofthis Agreement that is declared invalid,inoperative,null and void,or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority ofthe Agreement and compliant with the terms ofthe Agreement,is hereby ratified as having been performed under the Agreement.No provision ofthis Agreement,including this provision,may be amended,waived,or modified except by written agreement signed by duly authorized representatives ofthe Parties. 15.2 Assignment and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent ofthe other Party.Ifthe non- assigning party gives its consent to any assignment,the terms ofthis Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing,the rights and obligations ofthe Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit ofthe Parties hereto.No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 15.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal,state,local,and city laws including,without limitation,all City codes,ordinances,resolutions,regulations, rules,standards and policies,as now existing or hereafter amended,adopted,or made effective.If a violation ofthe City's Ethics Resolution No. 91-54,as amended,occurs as a result ofthe formation or performance ofthis Agreement,this Agreement may be rendered null and void, at the City's option. 15.4 Enforcement.Time is ofthe essence ofthis Agreement and each and all of its provisions in which performance is a factor.Adherence to completion dates set forth in the description ofthe Services is essential to the Contractor's performance ofthis Agreement.Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning ofthis Agreement. Any notices may be delivered personally to the addressee ofthe notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three(3)days after the date ofmailing.Any remedies provided for under the terms ofthis Agreement are not intended HUMAN SERVICES AGREEMENT - 5 - 3/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityofiederalway.com to be exclusive,but shall be cumulative with all other remedies available to the City at law,in equity or by statute.The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement,or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default.Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in,governed by,and interpreted in accordance with the laws of the State of Washington.If the Parties are unable to settle any dispute,difference or claim arising from this Agreement,the exclusive means of resolving that dispute,difference,or claim, shall be by filing suit under the venue,rules and jurisdiction of the King County Superior Court,King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County,Washington and waives any objection that such courts are an inconvenient forum.If either Party brings any claim or lawsuit arising from this Agreement,each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit,including all appeals,in addition to any other recovery or award provided by law;provided,however,however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 15.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document.All such counterparts shall be construed together and shall constitute one instrument,but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages.The date upon which the last of all ofthe Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 6 - 3/2017 ` C1 Y y OF CITY HALL 33325 8th Avenue South Fe d a ra I Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim ell ayor to6h ie Courtney, CMC, ity lerk 1-11 APPROVED AS TO FORM: DATE: y c ✓t/l J. Ryan Call, City Attorney SOUTH SOUND OUTREACH SERVICES: By: Printed Name: Title: nCtc j(u-( otv� DATE: C t I (ZI2 D STATE OF WASHINGTON ) ) ss. COUNTY OF terrce } On this day personally appeared before me , f to me known to be the i-� L) C{,r- of �m 4 that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this lTOA day of 320 Notary's signature - Notary's printed name � ors Notary Public in and for the State of Washington. MIN SONG My commission expires phi f Notary Public State of Washington License Number 1981 14 My Commission Expires March 06, 2022 EXHIBIT A HUMAN SERVICES AGREEMENT - 7 - 3/2017 CITY OF CITY HALL South 44k, Fe d e ra I ■ � ■ay Feder l Avenue 8003 �Yl Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederahvay com SERVICES Project Summary The Contractor shall provide financial„counseling to sutapntl low- and moderate-income Federal Way residents impacted by COVID-19. Financial coun include an initial assessment and the developinent of a lan. The Contractor will follow up with residents and provide a report in the spring of 2 02 1. The Contractor shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Performance Measures B. Services The Contractor agrees to provide the following units of service: Service Units 2020 1. Financial Assessments Minimum of 60 C. Definition of Services 1. Financial Assessments: initial meetings to discuss financial situations and barriers. Assessments may include credit reports, addressing rent, and/or access to benefits. Each resident will develop an action plan during the meeting. Records A. Project Files The Contractor shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions,resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs,payroll for actual salary and fringe benefit costs. ® for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b)purpose of trip; and • for 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 client address; residency verified via King County Parcel Viewer. 10. Documentation of non-duplication of benefits that the client will not receive other payment for the same service such as rent assistance or child care. 11. Documentation of client income. The Contractor agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines maybe adjusted periodically by HUD. HUMAN SERVICES AGREEMENT - 8 - 3/2017 ` cIry of CITY HALL Fe d era I Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityoffederalway.com EXHIBIT A SERVICES Project Summary The Contractor shall provide lMancial counseling to o support lox - and moderate-income Fede;-al \VFn resiclents impacted by COVID-19. Financial counseling will include an initial assessment and the development of a plan. The Contractor will follow up with residents and provide a report in the spring of 2021. The Contractor shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Performance Measures B. Services The Contractor agrees to provide the following units of service: Service Units 2020 1. Financial Assessments Minimum of 60 C. Definition of Services 1. Financial Assessments: initial meetings to discuss financial situations and barriers. Assessments may include credit reports, addressing rent, and/or access to benefits. Each resident will develop an action plan during the meeting. Records A. Project Files The Contractor shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs,payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b)purpose of trip; and ■ for 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 client address; residency verified via King County Parcel Viewer. 10. Documentation of non-duplication of benefits that the client will not receive other payment for the same service such as rent assistance or child care. HUMAN SERVICES AGREEMENT - 8 - 3/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.com 11. Documentation of client income. The Contractor agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 412412019) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Li m its Very Low Income $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits King County FY 2020 Income Limits Summary (effective 0710112020) Median FY 2020 Income Income 1 2 3 4 5 6 7 8 King Limit Person Persons Persons Persons Persons Persons Persons Persons County Category Extremely Low (30%) $25,100 $28,650 $32,250 $35,800 $38,700 $41,550 $44,400 $47,300 Income Limits Very Low Income $41,800 $47,800 $53,750 $59,700 $64,500 $69,300 $74,050 $78,850 Limits Low (80%) $66,700 $76,200 $85,750 $95,250 $102,900 $110,500 $118,150 $125,750 Income Lim its The Contractor agrees to use updated Income Guidelines which will be provided by the City. Reports and ReportinZ$chedule The Contractor shall collect and report client information to the City quarterly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Contractor shall submit an Annual Demographic Data Report. The Contractor shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than December 29, 2020 in the format requested by the City. HUMAN SERVICES AGREEMENT - 9 - 3/2017 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.ciWoffederaWay.com Public Information In all news releases and other public notices related to projects funded under this Agreement,the Contractor will include information identifying the source of funds as the City of Federal Way and King County. HUMAN SERVICES AGREEMENT - 10 - 3/2017 ` CITY OF CITY HALL Federal Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatway.com EXHIBIT B COMPENSATION Proiect Budget The Contractor shall apply the following funds to the project. The total amount of compensation pursuant to this Agreement shall not exceed Ninety Thousand and 00/100 Dollars ($90,000.00). City of Federal Way Funds 2018 City of Federal Way CARES Act Funding: $90,000.00 Total City of Federal Way Funds: $90,000.00 In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of a per assessment fee equal to Fifteen Hundred and 00/100 Dollars ($1,500.00). The Contractor shall submit payment requests in the format requested by the City. Payment requests shall include a copy of the Service Unit Report. Reimbursement Requests and Service Unit Report forms with all receipts and financial backup shall be submitted no less frequently than quarterly and are due on the following dates: 4th Quarter: Final Reimbursement Request and Service Unit Report forms due December 29; Demographic Data Report and Annual Outcome Data Report with supporting documentation due January 15. The Contractor shall submit payment requests in the format requested by the City. Payment requests shall include a copy of the Service Unit Report. HUMAN SERVICES AGREEMENT - 11 - 3/2017 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D King County King County Coronavirus Relief Fund ' Subrecipient Grant Agreement Economic Development for Cities 1. Purpose of Agreement. This Agreement is made by and between King County, a municipal corporation ("the County")and Federal Way,a City,("Agreement")to set forth the terms and conditions under which the County will provide Federal Way ("Recipient") with $149,426 as a grant to be used to pay or reimburse necessary expenditures incurred due to the COVID-19 emergency during the period of March 1,2020 through December 30, 2020. 2. Scope of Eligible Expenditures.Grant funds may only be used to pay or reimburse eligible expenditures as described in Attachment A ("Federal Terms"), consistent with Ordinance 19103 and as detailed in Attachment C ("Scope of Work"). No grant funds may be used to pay or reimburse costs reimbursed under any other federal or state program. 3. Recipient Responsibilities. The grant funds provided herein are an allocation ofthe coronavirus relieffund, as created in section 5001 of H.R. 748, of the CARES Act. Recipient agrees to administer the grant proceeds consistent with this Agreement,in accordance with the applicable provisions of the CARES Act,any future applicable guidance issued by the U.S. Department of Treasury and any other applicable federal provisions, as currently described at Attachment A. Recipient shall provide the County with certification Attachment B that grant funds were used for eligible expenditures. 4. Access to and Maintenance of Records. Recipient shall maintain internal controls, accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County,consistent with Uniform Guidance as described in the Federal Terms and for a period of six (6) years to ensure proper accounting for all grant funds and compliance with this Agreement. Recipient acknowledges that records may be subject to disclosure under the Public Records Act,Chapter 42.56 RCW. Recipient shall agree that the County or any duly authorized representatives,shall have,at any time and from time to time during normal business hours,access to any work product, books, documents, papers, and records of the Recipient which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts,copies and transcriptions. 5. Audit. If Recipient expends$750,000 or more in federal awards from any and/or all sources in any fiscal year including under this Agreement,Recipient shall procure and pay for a single audit or program-specific audit for that fiscal year. Upon completion of each audit, Recipient shall: (i)submit to the County the reporting package specified in OMB Super Circular 2 CFR 200.501,reports required by the program-specific audit guide(if applicable), and a copy of any management letters issued by the auditor; (ii) submit to the County follow-up and developed corrective action plans for all audit findings. If Recipient is a subrecipient and expends less than$750,000 in federal awards from any and/or all sources in any fiscal year including this Agreement,Recipient shall notify the County they did not meet the single audit requirement. Recipient shall send all single audit documentation to city-chamber- cbo.gran ts@ kingcounty,,gov_ 6. Termination. Upon seven(7)days-notice,the County may terminate this agreement for convenience. Any unspent grant proceeds shall be immediately returned to the County. 7. Repayment of Funds.If Recipient has unspent grant proceeds on hand as of December 30,2020, Recipient shall return all unspent grant proceeds to the County within ten(10)calendar days.If any funds provided to recipient were used in a manner that is not consistent or allowable as outlined in this agreement or in Attachment A"Fed Terms",recipient shall return funds to County in the amount determined to be ineligible. Subrecipient Grant Agreement-Economic Development to Cities Page 1 of 2 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D LN King County 8. Conflict of Interest. Recipient designees,agents,members,officers,employegs,consultants,and any other public official who exercises or who has exercised any functions or responsibilities with respect to the program during his or her tenure,or who is in a position to participate in a decision-making process or gain inside information with regard to the program,are barred from any interest,direct or indirect,in any grant or proceeds of the program, or benefit there from,which is part of this Agreement at any time during or after such person's tenure. 9. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any suit or arbitration arising under this Agreement shall be in King County, Washington and if a lawsuit,in King County Superior Court. 10. Indemnification; Recoupment. Recipient shall, at its cost and expense, protect, defend, indemnify, and hold harmless the County, its directors, officers, employees, and agents,from and against any and all demands, liabilities,causes of action,costs and expenses(including attorneys'fees),claims,judgments,or awards of damages, arising out of or in any way resulting from the acts or omissions of Recipient, its directors, officers,employees,or agents,relating in any way to the Recipient's performance under the Agreement.These indemnification obligations shall survive the termination ofthe Agreement. Recipient further agrees that it is financially responsible for and will repay the County any and all indicated amounts following an audit exception which occurs due to Recipient's failure, for any reason,to comply with the terms of this Agreement. COUNTY CITY Name:Dwight D Dively Name:Jim Ferrell Title: Director,King County Office of Title:Mayor Performance,Strategy,and Budget Signaturef `' Signature: 10/1/2020 Date: Date: ATTACHMENTS A—Federal Terms B—Certification C—Scope of Work Subrecipient Grant Agreement-Economic Development to Cities Page 2 of 2 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D King County King County Coronavirus Relief Fund Subrecipient Grant Agreement Economic Development for Cities ATTACHMENT A—Federal Terms&Conditions PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included therein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted,then upon application of either party,the Agreement shall be physically amended to makes such insertion or corrections. CORONAVIRUS RELIEF FUND,SECTION 5001 CARES ACT The funds provided to Recipient are available under section 601(d)of the Social Security Act,as added by section 5001 of the CARES Act. The Recipient certifies that the funds under this Agreement shall only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; 2. [For governmental entities only]Were not accounted for in the budget most recently approved as of March 27,2020. A cost meets this requirement if: a. The cost cannot lawfully be funded using a line item,allotment,or allocation within that budget; OR b. The cost is for a substantially different use from any expected use of funds in such a line item, allotment,or allocation;and 3. Were incurred during the period that begins on March 1,2020,and ends on December 30,2020. Funds may NOT be used by governmental entities to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use for governmental entities. The funds may only be used for operating expenditures. 1.ELIGIBLE EXPENSES. There are six primary eligible cost categories. These cost categories and their eligible cost sub-categories are as follows: a. Medical expenses such as: a. COVID-19 related expenses of public hospitals,clinic,and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity,including related construction costs. c. Costs of providing COVID-19 testing,including serological testing. d. Emergency medical response expenses,including emergency medical transportation,related to COVID-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID-19 related treatment. ATTACHMENT A—Federal Terms&Conditions Page 1 of 22 DocuSign Envelope ID:73D23336-F258-4FFB-BFC4-4AE38FAEAB4D King County b. Public health expenses such as: a. Expenses for communication and enforcement by State,territorial, local and Tribal governments of public health order related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies,including sanitizing products and personal protective equipment,for medical personnel,police officers,social workers,child protection services,and child welfare officers,direct service providers for older adults and individuals with disabilities in community settings,and other public health or safety workers in connection with the COVID-19 public health emergency. C. Expenses for disinfection of public areas and other facilities,e.g.,nursing homes,in response to the COVID-19 public health emergency. d. Expenses for technological assistance to local authorities or other entities on mitigation of COVID-19 related threats to public health and safety. e. Expenses for public safety measures undertaken in response to COVID-19. f. Expenses for quarantining individuals. c. Payroll expenses for public safety,public health,health care,human services,and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. d. Expenses of actions to facilitate compliance with COVID-19 related public health measures such as: a. Expenses for food delivery to residents,including,for example,senior citizens and other vulnerable populations,to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning,including technological improvements,in connection with school closings to enable compliance with COVID-19 precautions. c. Expense to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. d. Expenses of providing paid sick and paid family medical leave to public employees to enable compliance with COVID-19 public health precautions. e. COVID-19 related expenses of maintaining state prisons and county jails,including as it relates to sanitation and improvement of social distancing measures,to enable compliance with COVID-19 public health precautions. f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. e. CX:nr�rses sssoc alcd:yith the,rovisiurr o'eco onji_r._sLjonort_in_c_onnecti_an_wikh the COVID-19 public health emergency,such as: a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.[Note,this is the eligible expenditure subcategory applicable to this grant]. b. Expenditures related to a state,territorial,local or Tribal government payroll support system for those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. f. Ary other COVID-19 related expenses reasonably necessary to the function of government that satisfy the fund's eligibility criteria. 2.INELIGIBLE EXPENSES. Non-allowable expenditures include,but are not limited to: a. Expenses for the state share of Medicaid. b. Damages covered by insurance. ATTACHMENT A—Federal Terms&Conditions Page 2 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D King County c. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. d. Expenses that have been or will be reimbursed under any federal program. e. Reimbursement to donor for donated items or services. f. Workforce bonuses other than hazard pay or overtime. g. Severance pay. h. Legal settlements. i. Expenditures prohibited under the Health and Human Services requirements outlined in the next section. PUBLICATIONS. Any publications(written,visual or sound)but excluding press releases,newsletters,and issue analyses,issued by Recipient describing programs or projects funded in whole or in part with federal funds under this Agreement,shall contain the following statements: "This project was supported by a grant awarded by the US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury." UNIFORM GUIDANCE. The recipient understands that use of funds pursuant to this agreement must adhere to official federal guidance issued,or issued in the future,on what constitutes an eligible expenditure and to all requirements applicable to CRF funds including applicable requirements of 2 C.F.R.§200(specifically including 2 C.F.R.§200.303 regarding internal controls,2 C.F.R.§§200.330 through 200.332 regarding subrecipient monitoring and management,and subpart F regarding audit requirements). Subaward Language and Federal Clauses Federal Award Identification(reference 2 CFR 200.330-332) Pursuant to 2 CFR 200.330,an agency must decide to make a determination whether the scope of work falls under a Subrecipient or Contractor relationship. The non-Federal entity may concurrently receive Federal awards as a recipient,a subrecipient,and a contractor, depending on the substance of its agreements with Federal awarding agencies and pass-through entities. Therefore,a pass-through entity must make case-by-case determinations whether each agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in the role of a subrecipient or a contractor.The Federal awarding agency may supply and require recipients to comply with additional guidance to support these determinations provided such guidance does not conflict with this section. (a)5ubrecipients.A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient.Characteristics which support the classification of the non-Federal entity as a subrecipient include when the non-Federal entity: (1)Determines who is eligible to receive what Federal assistance; (2)Has its performance measured in relation to whether objectives of a Federal program were met; ATTACHMENT A—Federal Terms&Conditions Page 3 of 12 DocuSign Envelope ID:73D23336-F258.4FFB-BFC4-4AE38FAEAB4D LQ King County (3)Has responsibility for programmatic decision making; (4)Is responsible for adherence to applicable Federal program requirements specified in the Federal award;and (5)In accordance with its agreement,uses the Federal funds to carry out a program for a public purpose specified in authorizing statute,as opposed to providing goods or services for the benefit of the pass-through entity. (b)Contractors.A contract is for the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship with the contractor.Characteristics indicative of a procurement relationship between the non-Federal entity and a contractor are when the contractor: (1)Provides the goods and services within normal business operations; (2)Provides similar goods or services to many different purchasers; (3)Normally operates in a competitive environment; (4)Provides goods or services that are ancillary to the operation of the Federal program;and (5)Is not subject to compliance requirements of the Federal program as a result ofthe agreement,though similar requirements may apply for other reasons. (c)Use of judgment in making determination. In determining whether an agreement between a pass-through entity and another non-Federal entity casts the latter as a subrecipient or a contractor,the substance of the relationship is more important than the form of the agreement.All of the characteristics listed above may not be present in all cases,and the pass-through entity must use judgment in classifying each agreement as a subaward or a procurement contract. If the agency determines that the scope of work falls under a subrecipient relationship,all of the information below must be included in any subaward agreement: (1)Subrecipient agency name(which must match the City of Federal Way name associated with its unique entity identifier); (ii)Subrecipient agency's unique entity identifier(i.e. 612509901 DUNS); (iii)Federal Award Identification Number(FAIN)or SLT0181 Federal; (iv)Federal Award Date; March 1,2020 through December 30,2020 (v)Subrecipient agency Period of Performance Start and March 1,2020 through December30,2020 End Date; (vi)Amount of Federal Funds Obligated to the $149,426 subrecipient agency by this action; (vii)Total Amount of Federal Funds Obligated to the $149,426 subrecipient agency; (viii)Total Amount of the Federal Award committed to $149,426 the subrecipient; ATTACHMENT A—Federal Terms&Conditions Page 4 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D King County (ix)Federal award project description,as required to be Coronavirus Relief—Support to King County responsive to the Federal Funding Accountability and cities for economic relief and recovery activities Transparency Act(FFATA) needed because of impacts of novel coronavirus. (x)Name of Federal awarding agency,pass-through Department of the Treasury, entity,and contact information for awarding official King County Dwight Dively,Director of Performance, Strategy,and Budget ii�-Wl1r�ml4�r-�ho.g�}tti�re'`k in�cc�unt};.�nv (xi)CFDA Number and Name;the pass-through entity 21.019-Coronavirus Relief Fund must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; (xii)Identification of whether the award is R&D;and No (xiii)Indirect cost rate for the Federal Award N/A-Not eligible or billable Is the agency a subrecipient for the purposes of this Yes agreement? The subawardee must be in compliance with the below and must note the required information in their subaward agreements: (1) A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient's records and financial statements as necessary for the pass-through entity to meet the requirements of this part;and (2) Appropriate terms and conditions concerning closeout of the subaward. (3) All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award; (4) Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass- through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports; (5) Evaluate each subrecipient's risk of noncompliance with Federal statutes,regulations,and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs(d)and(e)of this section,which may include consideration of such factors as: (a)The subrecipient's prior experience with the same or similar subawards; (b)The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part,and the extent to which the same or similar subaward has been audited as a major program; (c)Whether the subrecipient has new personnel or new or substantially changed systems;and (d)The extent and results of Federal awarding agency monitoring(e.g.,if the subrecipient also receives Federal awards directly from a Federal awarding agency). ATTACHMENT A—Federal Terms&Conditions Page 5 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEA64D �. King County (6)Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in§200.207 Specific conditions. (7)Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes,regulations,and the terms and conditions of the subaward;and that subaward performance goals are achieved.Pass-through entity monitoring of the subrecipient must include: (a)Reviewing financial and performance reports required by the pass-through entity.. (b)Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits,on-site reviews,and other means. (c)Issuing a management decision for audit findings pertaining to the Federal award provided to the subrecipient from the pass-through entity as required by§200.521 Management decision. (8) Depending upon the pass-through entity's assessment of risk posed by the subrecipient(as described in paragraph(b)of this section),the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: (a)Providing subrecipients with training and technical assistance on program-related matters;and (b)Performing on-site reviews of the subrecipient's program operations; (c)Arranging for agreed-upon-procedures engagements as described in§200.425 Audit services. (9)Verify that every subrecipient is audited as required by Subpart F—Audit Requirements of this part when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in§200.501 Audit requirements. (10)Consider whether the results of the subrecipient's audits,on-site reviews,or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records. (11)Consider taking enforcement action against noncompliant subrecipients as described in§200.338 Remedies for noncompliance of this part and in program regulations. HEALTH AND HUMAN SERVICES As applicable(specifically including to any expenditure funded with coronavirus relief funds or public health funds), the Contractor or Recipient(herein each referred to as"Contractor")shall adhere to the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for HHS awards as codified in 45 CFR Part 75 effective December 26,2014,the HHS Grants Policy Statement,and the Contract Provisions below. APPENDIX II TO 45 CFR 75—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the HHS agency or non-Federal entity,all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following,as applicable. ATTACHMENT A—Federal Terms&Conditions Page 6 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D King County The following statutory provisions also apply: Gene 31 i FY?C"0 Coy .oH(I:Led F op; of a:;0n (PL 116-94,December 20,2019,133 Stat 2534—Division A,Title V) 1. EXECUTIVE PAY The Contractor agrees that none of the funds paid through this contract shall be used to pay the salary of an individual,through a grant or other extramural mechanism,at a rate in excess of Executive Level II. (Sec.202) 2. GUN CONTROL ADVOCACY The Contractor agrees that none of the funds paid through this contract maybe used,in whole or in part,to advocate or promote gun control. (Sec.210) 3. LOBBYING (a)The Contractor agrees that none of the funds paid through this contract shall be used,other than for normal and recognized executive-legislative relationships,for publicity or propaganda purposes,for the preparation, distribution,or use of any kit,pamphlet,booklet,publication,electronic communication,radio,television,or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body,except in presentation to the Congress or any State or local legislature itself,or designed to support or defeat any proposed or pending regulation,administrative action,or order issued by the executive branch of any State or local government,except in presentation to the executive branch of any State or local government itself. (b)The Contractor agrees that none of the funds paid through this contract shall be used to pay the salary or expenses of any grant or contract recipient,or agent acting for such recipient,related to any activity designed to influence the enactment of legislation,appropriations,regulation,administrative action,or Executive order proposed or pending before the Congress or any State government,State legislature or local legislature or legislative body,other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State,local or tribal government in policymaking and administrative processes within the executive branch of that government. (c)The prohibitions in subsections(a)and(b)shall include any activity to advocate or promote any proposed, pending or future Federal,State or local tax increase,or any proposed,pending,or future requirement or restriction on any legal consumer product,including its sale or marketing,including but not limited to the advocacy or promotion of gun control. (Sec.503) 4. ABORTIONS (a)The Contractor agrees that none of the funds paid through this contract,and none of the funds in any trust fund paid through this contract,shall be expended for any abortion. (b)The Contractor agrees that none of the funds paid through this contract,and none of the funds in any trust fund paid through this contract,shall be expended for health benefits coverage that includes coverage of abortion. (c)The term"health benefits coverage"means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. (Sec.506) 5. LIMITATIONS ON ABORTION FUNDING PROHIBITIONS ATTACHMENT A—Federal Terms&Conditions Page 7 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEA84D King County (a)The limitations established in the preceding section shall not apply to an abortion— (1)if the pregnancy is the result of an act of rape or incest;or (2)in the case where a woman suffers from a physical disorder, physical injury,or physical illness,including a life-endangering physical condition caused by or arising from the pregnancy itself,that would,as certified by a physician, place the woman in danger of death unless an abortion is performed. (b)Nothing in the preceding section shall be construed as prohibiting the expenditure by a State,locality,entity,or private person of State, local,or private funds(other than a State's or locality's contribution of Medicaid matching funds). (c)Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds(other than a State's or locality's contribution of Medicaid matching funds). (d)(1)The Contractor agrees it will not subject any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,pay for,provide coverage of,or refer for abortions. (2)In this subsection,the term"health care entity" includes an individual physician or other health care professional,a hospital,a provider-sponsored organization,a health maintenance organization,a health insurance plan,or any other kind of health care facility,organization,or plan. (Sec.507) 6. EMBRYO RESEARCH (a)The Contractor agrees that none of the funds paid through this contract may be used for— (1)the creation of a human embryo or embryos for research purposes;or (2)research in which a human embryo or embryos are destroyed,discarded,or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b)and section 498(b)of the Public Health Service Act(42 U.S.C.289g(b)). (b)For purposes of this section,the term"human embryo or embryos"includes any organism,not protected as a human subject under 45 CFR 46 as of December 20,2019,that is derived by fertilization,parthenogenesis,cloning, or any other means from one or more human gametes or human diploid cells. (Sec.508) 7. PROMOTION OF LEGALIZATION OF CONTROLLED SUBSTANCES (a)The Contractor agrees that none of the funds paid through this contract may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications. (b)The limitation in subsection(a)shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. (Sec.509) 8. DISTRIBUTION OF INTENTIONALLY FALSE INFORMATION The Contractor agrees that none of the funds paid through this contract maybe used to disseminate information that is deliberately false or misleading. ATTACHMENT A—Federal Terms&Conditions Page 8 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D King County (Sec.515(b)) 9. PORNOGRAPHY (a)The Contractor agrees that none of the funds paid through this contract maybe used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography. (b)Nothing in subsection(a)shall limit the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. (Sec.520) 10. ACORN OR ITS AFFILIATES OR SUBSIDARIES The Contractor agrees that none of the funds paid through this contract may be provided to the Association of Community Organizations for Reform Now(ACORN),or any of its affiliates,subsidiaries,allied organizations,or successors. (Sec.521) 11. NEEDLE EXCHANGE The Contractor agrees that none of the funds paid through this contract shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug:Provided,That such limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department,in consultation with the Centers for Disease Control and Prevention,determines that the State or local jurisdiction,as applicable,is experiencing,or is at risk for,a significant increase in hepatitis infections or an HIV outbreak due to injection drug use,and such program is operating in accordance with State and local law. (Sec.527) GOVERNMENT-WIDE GENERAL PROVISIONS (PL 116-93,December 20,2019,233 Stat 2317—Division C,Title VII) 12. PROPAGANDA The Contractor agrees that none of the funds paid through this contract shall be used directly or indirectly, including by subcontractors,for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. (Sec.718) 13. PRIVACY ACT The Contractor agrees that none of the funds paid through this contract maybe used in contravention of section 552a of title 5,United States Code(popularly known as the Privacy Act),and regulations implementing that section. (Sec.732) 14. CONFIDENTIALITY AGREEMENTS (a)The Contractor agrees that it will not require employees or subcontractors seeking to report fraud,waste,or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste,fraud,or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b)The limitation in subsection(a)shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (Sec.742) ATTACHMENT A—Federal Terms&Conditions Page 9 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D LQ King County 15. NONDISCLOSURE AGREEMENTS These provisions are consistent with and do not supersede,conflict with,or otherwise alter the employee obligations,rights,or liabilities created by existing statute or Executive order relating to(1)classified information, (2)communications to Congress,(3)the reporting to an Inspector General of a violation of any law,rule,or regulation,or mismanagement,a gross waste of funds,an abuse of authority,or a substantial and specific danger to public health or safety,or(4)any other whistleblower protection.The definitions, requirements,obligations, rights,sanctions,and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. (Sec.743) 16. UNPAID FEDERALTAX LIABILTY The Contractor agrees that it does not have any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,unless a Federal agency has considered suspension or debarment of the Contractor and has made a determination that this further action is not necessary to protect the interests of the Government. The Contractor agrees it will not subcontract with any corporation that has any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. (Sec.744) 17. CRIMINAL FELONY LIMITATION The Contractor agrees that it was not convicted of a felony criminal violation under any Federal law within the preceding 24 months,-unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. The Contractor agrees it will not subcontract with any that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. (Sec.745) OTHER APPROPRIATION PROVISIONS 18. CHIMPANZEES The Contractor agrees that none of the funds paid through this contract shall be used on any project that entails the capture or procurement of chimpanzees obtained from the wild. (42 U.S.C.289d note) Other Statutory Provisions 19. TRAFFICKING IN PERSONS This contract is subject to the requirements of Section 106(g)of the Trafficking Victims Protection Act of 2000,as amended(22 U.S.C.7104) (a)The Contractor,Contractor's employees,and any subcontractors or subcontractors'employees may not: (1)Engage in severe forms of trafficking in persons during the period of time that the contract that this contract is in effect; ATTACHMENT A—Federal Terms&Conditions Page 10 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D L9 King County (2)Procure a commercial sex act during the period of time that this contract is in effect;or (3)Use forced labor in the performance of this contract or subcontracts. (b)Violations of the prohibitions in paragraph(a)include— (1)Those committed by the Contractor;or (2)Those committed by the Contractor's employee or a subcontractor through conduct that is either- i.Associated with performance of this contract;or ii.Imputed to the Contractor or subcontractor using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180,"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),"as implemented by our agency at 2 CFR part 376. (c)The Contractor must inform King County immediately of any information it receives from any source alleging a violation of paragraph(a). (d)Definitions. For purposes of this contract: (1)"Employee"means either: i.An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award;or ii.Another person engaged in the performance of the project or program under this award and not compensated by you including,but not limited to,a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. (2)"Forced labor" means labor obtained by any of the following methods:the recruitment,harboring, transportation,provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose of subjection to involuntary servitude,peonage,debt bondage,or slavery. (3)"Severe forms of trafficking in persons,""commercial sex act,"and"coercion"have the meanings given at section 103 of the TVPA,as amended(22 U.S.C.7102). (Section 106(g)of the Trafficking Victims Protection Act of 2000,as amended(22 U.S.C.7104)) 20. WHISTLEBLOWER PROTECTIONS The Contractor is hereby given notice that the 48 CFR section 3.908,implementing section 828,entitled"Pilot Program for Enhancement of Contractor Employee Whistleblower protections,"of the National Defense Authorization Act(NDAA)for Fiscal Year(FY)2013(Pub.L.112-239,enacted January 2,2013)applies to this contract. 21. HUMAN SUBJECTS PROTECTIONS If any activities underthis contract will involve human subjects in any research activities,the Contractor must provide satisfactory assurance of compliance with the participant protection requirement of the HHS/OASH Office of Human Research Protection(OHRP)priorto implementation ofthose research components.This assurance should be submitted to the CHIRP in accordance with the appropriate regulations. 22. FRAUD A& E AND WASTE The HHS Inspector General accepts tips and complaints from all sources about potential fraud,waste,abuse,and mismanagement in Department of Health and Human Services'programs. ATTACHMENT A—Federal Terms&Conditions Page 11 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D LA King County ATTACHMENT A—Federal Terms&Conditions Page 12 of 12 DocuSign Envelope ID:73D23336-F258-4FFB-BFC4-4AE38FAEAB4D Li King County King County Coronavirus Relief Fund Subrecipient Grant Agreement Economic Development for Cities ATTACHMENT B-Certification I,Jim Ferrell,am the Mayor of the City of Federal Way,and I certify that: 1. 1 have authority and approval from the governing body on behalf of City of Federal Way to accept proceeds from the County per the Agreement for COVID-19 Relief Funds by and between the County and City of Federal Way from the County's allocation of the Coronavirus Relief Fund as created by section 5001 of H.R.748,the Coronavirus Aid,Relief,and Economic Security Act("CARES Act")for eligible expenditures included on the corresponding invoice voucher for report period[March 1,2020 through December 30,2020). 2. 1 understand that as additional federal guidance becomes available,a contract amendment to the agreement between the County and City of Federal Way may become necessary and agree to execute necessary amendments. 3. 1 understand the County will rely on this certification as a material representation in processing this reimbursement. 4. 1 certify the use of funds submitted for reimbursement from the Coronavirus Relief Fund under this contract were used only to cover those costs that: a. Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; b. Were not accounted for in the budget must recently approved as of March 27,2020 for[THIS CERTIFICATION REQUIRED ONLY OF LOCAL.GOVERNMENT]; c. Were incurred during the period that begins on March 1,2020,and ends on December 30,2020. 5. 1 understand the use of funds pursuant to this certification must adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. We have reviewed the guidance established by U.S. Department of the Treasury as described in Attachment A to the Agreement and certify costs meet the required guidance. Any funds expended by the City of Federal Way or its subcontractor or subrecipients in a manner that does not adhere to official federal guidance shall be returned to the County. 6. 1 understand the City of Federal Way receiving funds pursuant to this certification shall retain documentation of all uses of the funds,including but not limited to invoices and/or sales receipts in a manner consistent with §200.333 Retention requirements for records of 2 CFR 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards(Uniform Guidance). Such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor. 7. 1 understand any funds provided pursuant to this certification cannot be used for expenditures for which the City of Federal Way has received any other emergency COVID-19 supplemental funding whether state,federal or private in nature,for that same expense. I certify that I have read the above certification and my statements contained herein are true and correct to the best of my knowledge. r Jim Ferrell Printed Name Signature Mavor Title Date ATTACHMENT B—Certification Page 1 of 1 DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEAB4D ATTACHMENT C: MEMORANDUM DATE: September 15,2020 TO: Jim Ferrell FROM: Tim Johnson SUBJECT:Amendment Scone of Work, King County COVID-19 Grant Below find outline on the Scope of Work for the King County COVID-19 Grant Financial Counseling Support for Vulnerable Communities impacted by COVID-19;$90,000 Financial counseling to address and support the needs of low income Federal Way and south King County residents with COVID-19 issues related to rent, childcare credit scores, e.g., problems created by late payments dealing with creditors,etc. The effort is to provide financial counseling to the low-income individuals, retirees, and young people. There are nearly 14,000 single parents and children in Federal Way. This program would coincide with the City's efforts deploying$700,000 to residents for rent assistance and childcare support. Recommend entering into an agreement with the organization, Sound Outreach. They would provide assistance to address issues of residents such as rent and childcare expenditures impacted by COVID, specifically created by job loss. The Return of Amateur Sports in a COVID-19 Environment,$20,000 A study and road map to be used and shared with organizations and sports venue operators in Federal Way and the surrounding communities due to a post COVID-19 environment. Examples of events include: • Husky Invitational,Swim meet-December • Washington Open,Swim meet-January • Northwest Conference Men's and Women's Swimming Championships-February • PAC-12 Men's and Women's Swimming and Diving Championships • NCAA Div. III Men's,and Women's National Swimming Championships • Insight to assist Federal Way Little League for 2021 d Insight for Federal Way Knights Baseball Tournament for 2021 • Insight for DESNA Cup Soccer Tournament for 2021 • Insight for youth soccer;adult and youth softball/fast-pitch and lacrosse at City Parks e Northwest Women's Open(Golf Tournament)for 2021 Recommend enter into an agreement with the Seattle Sports Commission to research and identify actions that venue operators,tournament directors and the Host City(Federal Way) need to prepare for to present a variety of amateur sports activities in 2021. Using insight from the pro teams, along with amateur sports sanctioning bodies along with directives from King County Public Health, the research will provide a roadmap for addressing marketing and branding issues from accommodations through hospitality,to efforts venues and information for parents, spectator, athletes, coaches and tournament directors. DocuSign Envelope ID:73D23336-F258-4FFB-8FC4-4AE38FAEA84D For example, will venues need additional staffing to implement new safety protocols? What expenses for insurance and risk management should venues plan for?Will new equipment be needed? Increased sanitation expenses? Create a path that prioritizes the health and safety of fans—with or without a vaccine. Protocols must align with the mandates from the governor's office and those already adapted by professional sports leagues. 1. What do the venues/arenas need to do-to reopen? What is the level of risk?How can that risk be measured and mitigated? 2. What are the guidelines for travel, lodging, and mass transit? 3. How can the fan experience be improved and enhanced?What are potential value added elements of the experience? 4. What is the anticipated timeline and what can be done in the meantime to bring sporting events into the area? 5. How should organizations invest time and resources? 6. How do marketing and communications teams need to respond? Amplified use of digital customer service centers?Communication and education for fans regarding new arena protocols,influencing and changing fan opinions and behaviors. 7. How can we collectively capitalize on opportunities for innovation? ENHANCING THE VISITOR EXPERIENCE IN A COVID-19 ENVIRONMENT,$20,000 The Hospitality Education&Tourism Training("NETT")online program will further the goal of providing information on City assets and tourism venues for front-line employees of Federal Way. This activity supports the following venues: • Wild Waves • Weyerhaeuser King County Aquatic Center • Pacific Bonsai Museum • Performing Arts and Event Center • Rhododendron Species Botanical Garden • PowellsWood Garden Research will be performed on the production of an online HETT program that informs front-line staff ("participants")on local tourism attractions and venues in Federal Way to support the previous 1 million tourists who visit Federal way annually. Use King County grant as a match to support the existing Lodging Tax Advisory Committee financial support of$20,000 for implementation of the online hospitality and training program. Again, Tourism program for training frontline employees at hotels and restaurants in preparation of these major events related to available services and tourism venues for guests under the cloud of COVID-19. Recommend entering into an agreement with the Greater Federal Way Chamber of Commerce. Tourism to continue the program but(online training)for frontline employees at hotels and restaurants DocuSign Envelope ID:73D23336-F258-4FF&8FC4-4AE38FAEA84D in preparation of these major events related to available services and tourism venues for guests under the cloud of COVID-19. City Staff&PPE Recommendation for remaining amount of$19,000 would be used for city staff for implementation and acquisition of PPE. Docu5o lv au sr[U[[o Certificate Of Completion Envelope Id:73D23336F2584FFB8FC44AE38FAEAB4D Status:Sent Subject:Please DocuSign:King County Coronavirus Relief Fund Subrecipient Grant-City of Federal Way Source Envelope: Document Pages:18 Signatures:1 Envelope Originator: Certificate Pages:5 Initials:0 Mick!Rogers AutoNav:Enabled 401 5th Ave Envelopeld Stamping:Enabled Suite 100 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Seattle,WA 98104 mirogers@kingcounty.gov IP Address:198.49.222.20 Record Tracking Status:Original Holder:Micki Rogers Location:DocuSign 10/1/2020 8:34:31 AM mirogers@kingcounty.gov Security Appliance Status:Connected Pool:FedRamp Storage Appliance Status:Connected Pool:King County General(ITD) Location:DocuSign Signer Events Signature Timestamp Dwight Dively —`_'""""""'"'' Sent:10/1/2020 8:42,58 AM Dwight.Dively@kingcounty.gov ^ Viewed:10/1/2020 8:46:10 AM Security Level:Email,Account Authentication Signed:10/1/2020 8:46:25 AM (None) Signature Adoption:Pre-selected Style Using IP Address:71.231.198.94 Electronic Record and Signature Disclosure: Accepted:10/1/2020 8:46:10 AM ID:b9babf95-4ddd-4f35-858d-1 58cl a9b2d5e Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure. Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Tim Johnson Sent:10/1/2020 8:46:29 AM Tim.Johnson@cityoffederalway.com Viewed:10/6/2020 10:53:29 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:10/6/2020 10:53:29 AM ID:ff435d72-af7b-40e9-ab49-787fOe6bef08 Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/1/2020 8:46:29 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:2/1/2018 6:03:55 AM Parties agreed to:Dwight Dively,Tim Johnson ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO King County ITD (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive American Alternative Insurance Corporation,et al. Ephrata,WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. INSURED PROPERTY American Alternative Insurance Corporation,et al. South Sound Outreach Services MISCELLANEOUS PROFESSIONAL LIABILITY 1106 Martin Luther King Jr Way Princeton Excess and Surplus Lines Insurance Company Tacoma,WA 98405 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013-10 6/1/2020 6/1/2021 PER OCCURRENCE $5,000.000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000.000 INCLUDES STOP GAP PRODUCT-COMP/OP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1-A2-RL-0000013-10 6/1/2020 6/1/2021 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TO A$100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY N1-A2-RL-0000013-10 6/1/2020 6/1/2021 ALL RISK PER OCC EXCL EQ&FL $75.000,000 EARTHQUAKE PER OCC $1,000.000 FLOOD PER OCC $1,000,000 (PROPERTY IS SUBJECT TO A$100.000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY N1-A3-RL-0000060-10 6/1/2020 6/1/2021 PER CLAIM 5,000,000.00 (LIABILITY IS SUBJECT TO A$100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/SPECIAL ITEMS Regarding Human Services Agreement,the City of Federal Way is named as Additional Insured regarding this Agreement only and is subject to policy terms,conditions, and exclusions Additional Insured endorsement is attached. The NPIP retained limit is primary and non-contributory Should any of the above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE Attn: Sarah Bridgeford City of Federal Way 8th Avenue South Feder l� Federal Way,WA 98003-6325 �j 3531900 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program(NPIP) Policy Number Endorsement Effective N 1-A2-R L-0000013-10 6/1/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above Schedule Person or Organization(Additional Insured): As Per Schedule on file with Clear Risk Solutions,Underwriting Administrator Attn: Sarah Bridgeford City of Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 Regarding Human Services Agreement,the City of Federal Way is named as Additional Insured regarding this Agreement only and is subject to policy terms,conditions,and exclusions Additional Insured endorsement is attached. The NPIP retained limit is primary and non-contributory. Should any of the above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions,Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertising Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. B. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this policy, whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. All other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office,Inc.,with its permission 3531900