AG 21-182 - HIGHLINE COLLEGEI 1 RETURN TO: Brittany Julius EXT: 253-326-1227
1
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Community Development/Community Services
2. ORIGINATING STAFF PERSON: Brittany Julius
EXT: 2e3-326-1227 3. DATE REQ. 13)'.
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
® HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE
❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#)-.
❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: Startzone (NRSA)
NAME OF CONTRACTOR: Highline College
ADDRESS: 2400 S 240th Street, Des Moines, WA 98198-98002 TELEPHONE .206-592-4150
E_IJAIL: rshockley@highline,edu FAX:
SIGNATURENAME: Rich Shockley _ TITLE.
7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES t. COMPENSATION ® INSURANCE REQUIREMENTS/CERTIFICATE A ALL
OTHER REFERENCED EXHIBITS M PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 01/02/2021
COMPLETION DATE: 3/31/2022
9. TOTAL COMPENSATION $ 30,000.00 (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 OYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDEI
-9 PURCHASING: PLEASE CHARGE TO: 119-7300-994-565-11-410
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED
A PROJECT MANAGER SJB 09/30/2021
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW JE 10/5/21
INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 11/10/2020 COUNCIL APPROVAL DATE: 11/17/2020
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.)
DEPARTMENT
IGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG#
COMMENTS:
INITIAL/ DATE SIGNED
� 3
4
AG#
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederalwey. com
CDBG CAPITAL PROJECT CONTRACT
FOR
ECONOMIC DEVELOPMENT PROGRAMS
This Community Development Block Grant ("CDBG") Capital Projects Contract ("Contract") is made between
the City of Federal Way, a Washington municipal corporation ("City"), and Highline College, a Washington State
Community College ("Agency"). The City and Agency (together "Parties") are located and do business at the
below addresses which shall be valid for any notice required under this Contract:
HIGHLINE COLLEGE:
Rich Shockley
2400 S 240th Street
Des Moines, WA 98198
(206) 592-4150 (telephone)
rshockley4highline.edu
CITY OF FEDERAL WAY:
Brittany Julius
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-2651 (telephone)
.com
WHEREAS, the City is an entitlement City applicant for CDBG funds (Catalogue of Federal Domestic
Assistance-CFDA 14.218) under the Housing and Community Development Act of 1974 (the "Act"), as amended,
Pub. L. No. 93-383, 88 Stat. 633 (1974), and anticipates receiving CDBG funds for the purpose of carrying out
eligible community development and housing activities under the Act and under regulations promulgated by the
Department of Housing and Urban Development ("HUD"), at 24 C.F.R. §§ 570, et seq.; and
WHEREAS, the City desires to contract with the Agency for the performance of certain eligible activities
described within this Contract; and
WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the City to
undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, and
state and local laws are adhered to, as provided for herein; and
WHEREAS, the purpose of this Contract is to provide for cooperation between the City and the Agency,
as the parties to this Contract, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this Contract pursuant to the Act,
RCW 35.21.730 to .735, and/or by the Constitution and the enabling laws of the State of Washington;
NOW THEREFORE, for and in consideration of the terms and conditions provided in this Contract, the
parties mutually covenant and agree as follows:
2021 CDBG CAPITAL CONTRACT - 1 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. otyoffederalway. com
INDEX TO CONTRACT SECTIONS
I.
Scope of Contract
II.
Duration of Contract
III.
Compensation and Method of Payment
IV.
Budget
V.
Internal Control and Accounting System
VI.
Maintenance of Records
VII.
Monitoring and Reporting Requirements
VIII.
Evaluations and Inspections
IX.
Corrective Action
X.
Assignment
XI.
Termination
XII.
Future Support
XIII.
Hold Harmless and Indemnification
XIV.
Insurance Requirements
XV.
Nondiscrimination and Equal Employment
Opportunity
XVI.
Section 504 and Americans with
Disabilities Act
XVII.
Accessibility
XVIII.
Environmental Review
XIX.
Labor Standards
XX.
Volunteers
XXI.
Acquisition and Relocation
XXII.
Public Ownership
I. SCOPE OF CONTRACT
XXIII.
Reversion of Assets
XXIV.
Property Management Standards
XXV.
Additional Local Requirements
XXVI.
Subcontracts and Purchases
XXVII.
Conflict of Interest
XXVIII.
Political Activity Prohibited
XXIX.
Equipment Purchase, Maintenance, and
Ownership
XXX.
Notices
XXXI. Proprietary Rights
XXXII. Contract Amendments
XXXIII. Entire Contract/Waiver of Default
XXXIV. Miscellaneous Provisions
XXXV. Supplanting
XXXVI. Attorney's Fees & Costs
XXXVII. Drug -Free Workplace Certification and
Other Federal Requirements
XXXVIII. Constitutional Prohibition
XXXIX. Compliance with Health Insurance
Portability Accountability Act of 1996
(HIPAA)
XL. Confidentiality
XLI. Debarment and Suspension
XLII. General Provisions
A. Scone. The Agency shall use the funds provided herein only to perform the activities
authorized by this Contract and as set forth in the CDBG Project Scope of Services, which is attached as
"Exhibit A" and hereby incorporated by this reference ("Services"). The Contract between the Parties
shall consist of the Capital Contract for 2021 CDBG Funds including the 2021 CDBG Project Scope of
Services "Exhibit A"; the federal, state, and local program requirements; and each and every project
exhibit, appendix, and attachment. This Contract supersedes any and all former Contracts regarding
projects attached as Exhibits to this Contract. In the event that there is a difference between any of the
language contained in this Contract and any of the language contained in the Exhibits to this Contract, the
language in this Contract shall control, unless the Parties expressly agree to the contrary in writing.
B. Mandatory Certifications. The Agency certifies that it shall comply with the provisions of
Section XV., "Nondiscrimination and Equal Employment Opportunity," Section XVI., "Section 504 and
Americans with Disabilities Act," Section XXVII., "Conflict of Interest," and Section XXVIII., "Political
Activity Prohibited," of this Contract.
C. Propram Benefit — 24 C.F.R. § 570.208(a). Activities undertaken by this Contract must
predominantly benefit low- and moderate -income persons. At least seventy percent (70%) of the persons
served by these activities must be low- or moderate -income persons as defined in "Exhibit A." The
following requirements apply:
2021 CDBG CAPITAL CONTRACT - 2 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cayottederalmy. com
1. The Agency shall ascertain household income of persons applying for and receiving
assistance to assure compliance with the income limits defined in "Exhibit A"; and shall maintain records
pursuant to Section VI(G) of this Contract; or
2. If the activity exclusively serves a clientele, which by federal regulation is "presumed" to
be low- and moderate- income, individual income verification is not required. Persons eligible for this
presumption are specified in Section VI(G)(3) of this Contract. In this case, the Agency shall maintain
appropriate data to validate the presumption, as provided in Section VI(G)(3); or
3. If the activity is such that it is not feasible to identify and record beneficiaries, the total
population of the area from which the beneficiaries are drawn must be predominantly low- and moderate -
income. In this case, the Agency shall maintain substantiation data as required by Section VI(G)(4) of this
Contract.
4. The benefit to low- and moderate -income beneficiaries must be in the form of a free or
reduced cost service. If beneficiaries are charged for services, the charges to low- and moderate -income
beneficiaries, and to all other beneficiaries, shall be as specified in the Exhibit(s), if applicable. Changes
to the structure of charges during the term of this Contract (and, in the case of a facility project, for five
years thereafter) must preserve an identical discount for low- and moderate -income beneficiaries, and the
change must be approved by the City.
5. The low- and moderate -income limits in effect at the time of execution of this Contract are
specified in "Exhibit A." These limits are revised periodically by HUD. It is the Agency's responsibility
to use any revised limits when they take effect. Revisions will be announced by and can be obtained from
the City.
D. Contact Person. The City and the Agency shall each designate a contact person for each Project
incorporated in this Contract. All correspondence, reports, and invoices shall be directed to the designated
contact person. This provision does not, however, supplant or override Section XXX. "Notices."
E. Federal Funds. The term "federal funds" as used herein means CDBG funds under this
Contract.
F. Compliance with I..aws. Agency shall comply with and perform the Services in accordance
with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or amended.
G. Re uirements of 24 C.F.R. ' 570. Agency agrees to comply with the requirements of Title 24
of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the Agency does not assume the City's environmental responsibilities described in 24
C.F.R. § 570.604 and (2) Agency does not assume the City's responsibility for initiating the review process
under the provisions of 24 C.F.R. § 52.
H. Independent Contractor. Nothing contained in this Contract is intended to, or shall be construed
in any manner, as creating or establishing the relationship of employer/employee between the parties. The
Agency shall at all times remain an "independent contractor" with respect to the services to be performed
under this Contract. The City shall be exempt from payment of all Unemployment Compensation, Federal
Insurance Contribution Act, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the Agency is an independent contractor.
2021 CDBG CAPITAL CONTRACT - 3 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. crtyoffederehvay. com
I. Uniform Administration Requirements. Agency shall comply with the policies, guidelines and
requirements of 2 C.F.R. § 200, "Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards," and 24 C.F.R. § 84, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations
identified at 24 C.F.R. § 570.502(b), Applicability of Uniform Administrative Requirements.
J. Warran . The Agency warrants that it has the requisite training, skill, and experience
necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies
and governmental entities, including but not limited to being registered to do business in the City of
Federal Way by obtaining a City of Federal Way business registration if Agency does business in Federal
Way.
K. Taxes and Licenses. The Agency shall pay throughout the term of this Contract, all applicable
taxes, and all licenses.
H. DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in the Project Exhibit(s),
or the date of execution of this Contract, whichever is earlier), until the Termination Date specified in
each Project Exhibit, unless extended to a later date or terminated earlier, pursuant to the terms and
conditions of the Contract. The City shall furnish the Agency with a written notice to proceed. No work
on a project shall occur without prior written approval from the City. Costs incurred prior to the date
written notice to proceed was given or after the end date will not be reimbursed.
III. COMPENSATION AND METHOD OF PAYMENT
The Agency's compensation will be from the 2021 Program Year CDBG funds, CFDA 14.218,
under the Housing and Community Development Act of 1974 ("HCD Act"), Public Law 93-383, as
amended and under regulations promulgated by the U.S. Department of Housing and Urban Development
(HUD) at 24 C.F.R. § 570, and Agency will receive the CDBG funds for the purpose of carrying out
eligible community development and housing activities under the Act. The City shall reimburse the
Agency only for the approved activities specified in each Project Exhibit after the Services have been
performed. The reimbursement amount shall not exceed the amount specified in each Project Exhibit. The
Agency shall provide the Services in a manner consistent with the accepted practices for other similar
Services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant
to the direction of the Mayor or his or her designee. Reimbursements will be payable in the following
manner:
A. Start Date and End Date. Start Dates and End Dates for individual projects shall be specified
in each Project Exhibit. Costs incurred before the Start Date will not be reimbursed. Costs incurred after
the End Date will not be reimbursed.
B. Compensation and Contract Performance. The City will use the quantity of Services actually
delivered, as reported on the Agency's reports, as a measure of satisfactory Contract performance. The
City shall review the Agency's reports to monitor compliance with the performance measures set forth in
"Exhibit A." Should the Agency 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 Contract.
C. Eligible Costs. All costs incurred must be reasonable and of a nature which clearly relate to
the specific purposes and end product of the Contract under which the services are being performed. Care
2021 CDBG CAPITAL CONTRACT - 4 - 8/2017
40MNCITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederaMoy com
must be taken by all concerned in incurring costs to assure that expenditures conform to these general
standards and the following criteria for eligibility of costs. To be eligible for reimbursement, costs must:
1. Be necessary and reasonable for proper and efficient execution of the contractual
requirements and in accordance with an approved budget;
2. Be no more liberal than policies, procedures, and practices applied uniformly to other
activities of the Agency;
3. Be accorded consistent treatment through application of account policy and procedures
approved and/or prescribed herein;
4. Not be allowable under or included as costs of any other federal, state, local or other
agency -financed programs in either prior or current periods;
5. Be net of all applicable credits such as purchase discounts, rebates or allowances, sales of
publication or materials, or other income or refunds; and
6. Be fully documented.
D. Submission of Invoices, Supporting Documentation, and Reports. On a quarterly basis, the
Agency shall submit an invoice, supporting documentation for eligible costs (as defined in subsection C
above) claimed in the invoice and all reports as specified in each Project Exhibit or the City may not
process the invoice. Supporting documentation for eligible costs claimed in the invoice include but is not
limited to, purchase orders and bills. The City shall pay the Agency within forty-five (45) days following
the City's approval of a complete and correct invoice, supporting documentation, and reports. Payment
by the City shall not constitute approval of the services for which payment is requested. The City does
not, by making such payment, waive any rights it may have pursuant to this Contract to require satisfactory
performance of the services promised herein. The City reserves the right to demand and recover
reimbursements made for ineligible costs.
E. Final Invoice for Projects. The Agency shall submit its final invoice for each Project Exhibit
by April 6, 2022. The Agency shall submit all outstanding reports for each Project Exhibit providing
funding for Capital Projects by April 15, 2022.
If the Agency's final invoices, supporting documentation, and reports are not submitted by the last
date specified in this subsection, the City shall be relieved of all liability for payment to the Agency of the
amounts set forth in said invoice or any subsequent invoice; however, the City may elect, but is not
required, to pay any invoice that is not submitted in a timely manner.
F. Return of Unspent Ci , Funds. On or before the End Date specified in each Project Exhibit,
for individual projects covered by this Contract, the Agency shall transfer to the City any unexpended and
unencumbered funds provided under this Contract that are on hand and any accounts receivable
attributable to the use of City funds.
G. Excess Federal Funds. CDBG funds on hand shall not exceed $5,000 if retained beyond three
(3) days unless written approval is received from the City. Any reimbursement in excess of the amount
required shall be promptly returned to the City.
H. Program Income. If the project generates CDBG Program Income, as defined in 24 C.F.R. §
570.504(c), under this Contract, the Agency shall report all Program Income to the City on an annual basis
not later than January 3 1 " following the calendar year in which the Program Income is collected by the
2021 CDBG CAPITAL CONTRACT - 5 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www.. cityoffedereAvay. com
Agency. Program Income is to be returned to the City unless the City specifies that it may be retained by
the Agency. If the City authorizes the Agency to retain the Program Income to continue or benefit a
project(s), the Agency shall comply with all provisions of this Contract in expending the funds. This duty
to repay the City shall not be diminished or extinguished by the prior termination of the Contract pursuant
to the Duration of Contract or the Termination Section.
IV. BUDGET
The Agency shall apply the funds received from the City under this Contract in accordance with
the line item budget set forth in each Project Exhibit. The Agency 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 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.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls, which
complies with applicable, generally accepted accounting principles, and governmental accounting and
financial reporting standards.
VI. MAINTENANCE OF RECORDS
A. Scope of Records. The Agency shall maintain accounts and records, including personnel,
property, financial, and programmatic records and other such records as may be deemed necessary by the
City to ensure proper accounting for all Contract funds and compliance with this Contract, including all
records specified in "Exhibit A". This requirement includes complete copies of all contracts, subcontracts,
and agreements with third parties into which the Agency enters in the performance under this Contract;
and all correspondence, reports, and other documentation pertaining to such contracts, subcontracts, and
agreements.
B. Time for retention of Records. Records required to be maintained in subsection A, above, shall
be maintained for a period of six (6) years after the Termination Date, unless a different period for records
retention is specified in the Project Exhibit.
C. Location of Records/Notice to Ci1y. The Agency shall inform the City in writing of the
location, if different from the Agency address listed on page one of this Contract, of the aforesaid books,
records, documents, and other evidence and shall notify the City in writing of any changes in location
within ten (10) working days of any such relocation.
D. Federal Exceptions to Retention Requirements. Exceptions to the six (6) year retention period
are as follows: (1) Records that are the subject of audit findings, litigation, or claims shall be retained until
such findings, litigation or claims have been resolved; and (2) The retention period for real property and
equipment records starts from the date of the disposition, replacement or transfer at the direction of the
City.
E. Financial Management Records. Financial records shall identify adequately the source and
application of funds for activities within this Contract, in accordance with the provisions of 24 C.F.R. §
85.20 and the U. S. Office of Management and Budget ("OMB") Super Circular 2 C.F.R § 200. These
2021 CDBG CAPITAL CONTRACT -6- 8/2017
MkCITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cityoffederalway. com
records shall contain information pertaining to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays, and income.
F. Beneficiary_ Records. The Agency agrees to maintain racial, ethnic, disability status, single
head of household, household income, and gender data showing the extent to which these categories of
persons have participated in, or benefited from, the activities carried out under this Contract if required in
a Project Exhibit.
G. Program Benefit Records— 24 C.F.R. & 570.506(bl. As applicable, the following categories of
records shall be maintained, for the discrete activities that are assisted in whole or in part with funding
under this Contract (or for all the Agency's activities if funding under this Contract is not specifically
allocated to particular activities) for the purpose of documenting that a majority of the beneficiaries are
persons of low- or moderate -income.
Records specifying by dollar amount, family size, and household income limits used to
determine income level.
2. For service activities serving individual clients without regard to their residence location
within the City, records documenting: (a) manner in which each client's income is determined in all cases;
(b) determination that each individual client's income is or is not within low- or moderate -income limits;
(c) date determination was made; and (d) tabulation of the individual determinations.
3. For a service or facility which exclusively serves a class of beneficiaries, the members of
which are presumed to be low- or moderate -income eligible absent general evidence to the contrary
(abused children, battered spouses, senior citizens, adults meeting the Bureau of the Census' Current
Population Reports definition of "severely disabled," homeless persons, illiterate persons, persons living
with AIDS and migrant farm workers), records documenting: (1) that the facility exclusively serves the
eligible class; and (2) there is no generally available data indicating specific population served is not
predominantly low- or moderate -income.
4. For a service or facility which offers benefits uniformly without regard to income to all
persons residing within a delineated area, records establishing: (1) boundaries of the service area; (2) the
income characteristics of families and unrelated individuals in the service area; and (3) if the percent of
low- and moderate -income persons in the service area is less than fifty-one (51) percent, data showing
that the area qualifies under the exception criteria set forth at 24 C.F.R. § 570.208(a)(1)(ii).
H. Records of Programperati.ons, Management and Evaluation. Agency shall maintain all
records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
3. Principal operations data including, but not limited to, work units completed, clients served
(classified by client and service characteristics), staff hours utilized, etc.; and
4. Self -evaluation of services, programs and employment practices for compliance with 504
and ADA requirements.
I. Property Records. Agency shall maintain all records identifying any real and personal property
acquired or improved in whole or in part with funds under this Contract (OMB Super Circular 2 C.F.R §
200) as follows:
2021 CDBG CAPITAL CONTRACT - 7 - 8/2017
VA�kCITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www aryoffederaM ay. com
1. Itemized inventory of real property recording legal and common descriptions and address,
date of acquisition and/or improvements, cost of acquisition and/or improvements, and CDBG-funded
share of cost;
2. Itemized inventory of all non -expendable personal property recording full identification,
current location, date and cost of acquisition, and CDBG-funded share of cost;
3. Complete records of any authorized disposition of real or non -expendable personal
property including how and to whom disposed, date, amount of disposition proceeds, market value at time
of disposition and how determined, intended use, and any conditions governing use following disposition;
and
4. At the termination of this Contract, a record of the total purchase cost of all remaining
unused expendable personal property.
J. Additional Requirement for Acquisition or Improvement of Real Property Projects.
1. For construction contracts over $100,000, records documenting compliance with the
bonding requirements of 24 C.F.R. § 85.36(h).
2. Flood Insurance, Flood Disaster Protection Act of 1973; and Federal Insurance
Administration Notice in Federal Register Vol. 24, No. 133, July 13, 1989.
a. Record of determination whether the assisted project is located within a designated
flood plain or flood hazard area.
b. If the project is within such area: (1) Evidence of current participation in the National
Flood Insurance Program; and (2) Evidence of flood insurance coverage in force on all significant project
structures.
3. Lead -Based Paint — Records required to document compliance with the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. §§ 4801, et seq.), as amended and the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851, et seq.), and the implementing regulations 24 C.F.R.
§ 35.
4. Labor Standards — Records required to document compliance with all requirements of
Davis -Bacon and Related Acts (40 U.S.C. §§ 3141 and 3142); Contract Work Hours and Safety Standards
Act (40 U.S.C. § 3 70 1, et seq.); Copeland Act (18 U.S.C. § 874); US Secretary of Labor Regulations (29
C.F.R. §§ 3, 5, 6, and 7).
5. Real Property Acquisition and Relocation —Records required to document compliance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§
4601, et seq., as amended; and the implementing regulations 49 C.F.R. § 24. The agency shall consult the
City for complete instruction prior to undertaking any action that may result in displacement of persons
as defined at 49 C.F.R. § 24.2(g).
K. Procurement Records. Agency shall maintain records of:
1. Agency's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
2. Agency's standard operating procedures for authorizing and executing purchases and
contract procurements of various sizes and types;
2021 CDBG CAPITAL CONTRACT - 8 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cf"ffederahvay. com
3. Agency's individual purchases or contracts over $10,000 as required by the OMB Super
Circular 2 C.F.R § 200; and
4. Agency's procurement procedures utilized and the bases for supplier selection/contract
award.
L. Records Regarding Remedy of Past Discrimination. The Agency shall maintain documentation
of the affirmative action measures the Agency has taken to overcome prior discrimination if a court or
HUD has found that the Agency has previously discriminated against persons on the grounds of race,
color, national origin or sex in administering a program or activity funded in whole or in part with CDBG
funds pursuant to 24 C.F.R. § 121.
M. Personal Information — Notice of Securfty Breach
1. If the Agency maintains computerized or other forms of data that includes personal
information owned by the City, the Agency shall notify the City of any breach of the security of the data
immediately following discovery if the personal information was, or is reasonably believed to have been,
acquired by an unauthorized person in accordance with RCW 42.56.590(2).
2. The Agency shall provide all information requested by the City including the following in
accordance with RCW 42.56.590 and any other applicable federal, state, and local statute:
a. Circumstances associated with the breach;
b. Actions taken by the Agency to respond to the breach; and
c. Steps the Agency shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the City.
3. The City may at its sole discretion, require the Agency to contact the appropriate law
enforcement agency and to provide the City a copy of the report of the investigation conducted by the law
enforcement agency.
4. The Agency shall be responsible for notifying individuals whose personal information may
have become available to unauthorized users through a security breach. The Agency shall also be
responsible for any cost associated with notifying the affected individuals. This notification may be by
written notice or electronic notice in accordance with RCW 42.56.590(7).
5. If the Agency demonstrates that the cost of providing notice would exceed $250,000, or
that the potentially affected persons exceeds 500,000, or the Agency does not have sufficient contact
information, substitute notice shall consist of the following in accordance with RCW 42.56.590(7)(c):
a. E-mail notice when the Agency has an e-mail address for the subject persons;
b. Conspicuous posting of the notice on the Agency's web site page, if the Agency
maintains one; and
c. Notification to major County -wide media.
6. For purpose of this section, "personal information" means the same as defined in RCW
42.56.590:
2021 CDBG CAPITAL CONTRACT - 9 - 8/2017
CITY OF
�.,' Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. atyoffederahmy com
a. An individual's first name or first initial and last name in combination with any one of
the following data elements, when either the name or the data elements are not encrypted: social security
number, driver's license number, or Washington identification card number; or
b. Account number or credit or debit card number, in combination with any required
security code; access code, or password that would permit access to an individual's financial account.
VII. MONITORING AND REPORTING REQUIREMENTS
A. Monitoring. Agency understands and agrees that it will be monitored by the City and HUD
from time to time to assure compliance with all terms and conditions of this Contract and all applicable
local, state, and federal laws, regulations, and promulgated policies. Monitoring by the City under this
Contract shall include, but not be limited to: (1) on -site inspections by City staff, (2) quarterly performance
reviews; and (3) an annual evaluation.
B. Program Reporting. Projects qualifying to meet the national objective to serve low- and
moderate -income persons (under Section I(C)) shall submit a demographic report providing income, race,
and head of household information for the beneficiaries of the CDBG Project, which shall cover a one-
year period extending back from the date of the report. If the facility is and remains occupied during the
project, this report is due thirty (30) days after the date the project was closed. If the facility is first
occupied or reoccupied after the close of the project, the report is due one year from the date of the last
project closing.
C. Fiscal Reporting Responsibilities. The Agency shall provide fiscal statements or reports as may
be required from time to time by the City, which statements or reports, or both, must indicate the status of
all accounts and funds being used to perform under this Contract. The Agency shall maintain proper
documentation and records of all expenditures incurred pursuant to the terms of this Contract in a manner
as will facilitate auditing by either HUD or the City.
D. Nonprofit Corporations. The Agency shall provide the City with a copy of its IRS Form 990
(Return of Organization Exempt from Tax) when requested if the Agency is a nonprofit corporation.
1. Audit. The Agency shall have an independent audit conducted of its financial statement
and conditions, which shall comply with the requirements of generally accepted auditing standards
"GAAS"; Government Accountability Office ("GAO") Standards for Audits of Governmental
Organizations, Programs, Activities, and Functions; and OMB Super Circular 2 C.F.R. § 200 as
applicable.
2. Copy of Audit Report. The Agency shall provide the City a copy of the audit report
including any management letter or official correspondence submitted by the auditor, its response and
corrective action plan for all findings and reportable conditions contained in its audit. These documents
shall be submitted not later than six months subsequent to the end of the Agency's fiscal year.
3. Catalog of Federal Domestic Assistance. The Catalog of Federal Domestic Assistance
("CFDA") number for the CDBG Program is 14.218.
4. Additional Audit or Review Requirements. Additional audit or review requirements may
be imposed on the City, and the Agency shall be required to comply with any such requirements.
2021 CDBG CAPITAL CONTRACT - 10 - 8/2017
CITY Of CITY HALL
Fe d e ra I Way8th Avenue South
Feder Federal Way, WA 98003-6325
(253)835-7000
www. cityvffodera MW.. com
VIII. EVALUATIONS AND INSPECTIONS
A. Right -of Access. to Facilities for Inspection of Records. The Agency shall provide right of
access to its facilities to the City and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the activities funded under this Contract. The City shall give advance notice to the
Agency in the case of fiscal audits to be conducted by the City.
B. Time for Inspection and Retention. The records and documents with respect to all matters
covered by this Contract shall be subject at all times to inspection, review, or audit by the City and/or
federal/state officials so authorized by law during the performance of this Contract and six (6) years after
the Termination Date, unless a different period is specified in the Project Exhibit or a longer retention
period is required by law.
C. A eement to Cooperate. The Agency agrees to cooperate with the City or its agent in the
evaluation of the Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said evaluations shall be
maintained and disclosed in accordance with Chapter 42.56 RCW now and as hereafter amended.
IX. CORRECTIVE ACTION
A. Default by Agency. If the City determines that a breach of Contract has occurred because the
Agency failed to comply with any material terms or conditions of this Contract or the Agency has failed
to provide in any manner the work or Services agreed to in "Exhibit A" attached hereto, and if the City
deems said breach to warrant corrective action, the following sequential procedure will apply:
1. The City shall notify the Agency in writing of the nature of the breach.
2. The Agency shall submit a plan describing the specific steps being taken to correct the
specified deficiencies (the "Corrective Action Plan"). The Corrective Action Plan shall be submitted to
the City within ten (10) business days from the Agency's receipt of the City's notice under this Section.
The Corrective Action Plan shall specify the proposed completion date for bringing the Contract into
compliance, which completion date shall not be more than thirty (30) days from the date the City receives
the Agency's Corrective Action Plan, unless the City, in its sole discretion, specifies in writing an
extension in the number of days to complete the corrective actions.
3. The City shall notify the Agency, in writing, within ten (10) business days of receipt of the
Plan, of the City's determination as to the sufficiency of the Plan. The determination of sufficiency of the
Plan will be at the sole discretion of the City.
B. Termination of Contract. In the event that the Agency does not respond within the appropriate
time with a Corrective Action Plan, or the Agency's Corrective Action Plan is determined by the City to
be insufficient, the City may commence termination of this Contract in whole or in part pursuant to Section
XI.B;
C. City Withholding of Payment. The City may withhold any payment owed the Agency or
prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective
action has been taken or completed; and
D. No Waiver of Other Remedies. Nothing herein shall be deemed to affect or waive any rights
the Parties may have pursuant to Section XI or other remedies authorized by law.
2021 CDBG CAPITAL CONTRACT - 11 - 8/2017
CITY OF CITY HALL
Fe d e ra f Wa 33325 eth Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www.. ci4,oifederoMW.. com
X. ASSIGNMENT
The Agency shall not assign any portion of this Contract or transfer or assign any claim arising
pursuant to this Contract without the prior written consent of the City. Additional terms for City consent
to such Assignment may be described in a Project Exhibit. Said consent must be sought in writing by the
Agency not less than forty-five (45) business days prior to the date of any proposed assignment. The
Agency shall deliver to the City with its request for consent to such assignment, such information
regarding the proposed assignee, including the proposed assignee's mission, description of the proposed
assignee's legal status, and financial and management capabilities as is reasonably available to the
Agency. Within thirty (30) days after such request for consent to such assignment, City may reasonably
request additional available information on the proposed assignee. If the City shall give its consent to any
assignment, this Section shall nevertheless continue in full force and effect. Any assignment without prior
City consent shall be void.
XI. TERMINATION
A. Termination for Convenience.
1. This Contract may be terminated by the City without cause, in whole or in part, prior to
the Termination Date specified in Project Exhibits, immediately upon written notice to the Agency of the
termination. The Agency may cancel this Contract only by written notice provided thirty (30) days before
the intended cancellation.
2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or
limited in any way prior to the Termination Date set forth in "Exhibit A," the City may, upon written
notification to the Agency, immediately terminate this Contract in whole or in part.
3. If the Contract is terminated as provided above: (1) the City shall be liable only for
payment in accordance with the terms of this Contract for Services rendered prior to the effective date of
termination; (2) the City's determination of such compensation shall be binding and conclusive; and (3)
the Agency shall be released from any obligation to provide such further Services pursuant to the Contract
as are affected by the termination.
B. Termination for Cause.
1. The City may terminate this Contract, in whole or in part, immediately upon written notice
to the Agency in the event: (1) the Agency materially breaches any duty, obligation, or service required
pursuant to this Contract and such breach has not been cured by a Corrective Action Plan acceptable to
the City; or (2) the duties, obligations, or Services required herein become impossible, illegal, or not
feasible.
2. If the City terminates the Contract pursuant to this section, the Agency shall be liable for
damages, including any additional costs of procurement of similar Services from another source.
3. If the termination results from acts or omissions of the Agency, including but not limited
to misappropriation, nonperformance of required Services, or fiscal mismanagement, the Agency shall
return to the City immediately, any funds, misappropriated or unexpended, which have been paid to the
Agency by the City.
4. If the Contract is terminated as provided in this Subsection: (1) the City shall be liable only
for payment in accordance with the terms of this Contract for Services rendered prior to the effective date
2021 CDBG CAPITAL CONTRACT - 12 - 8/2017
CITY OF
�. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. c"ffederaM,ay. com
of termination; and (2) the Agency shall be released from any obligation to provide such further Services
pursuant to the Contract as are affected by the termination.
C. Waiver. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract at law or in equity that either party may have in the event that the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
XII. FUTURE SUPPORT
The City makes no commitment to support the Services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. Agena is arl Independent Contractor. In providing Services under this Contract, the Agency
is an Independent Contractor, and the Agency, its officers, agents, or employees are not and shall not be
considered the employees of the City for any purpose. The Agency shall be responsible for all federal
and/or state tax, industrial insurance, and Social Security liability that may result from the performance of
and compensation for these Services and shall make no claim of career service or civil service rights that
may accrue to a City employee under state or local law.
The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes
by or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall
protect, indemnify, and save harmless the City, its officers, agents, and employees from and against any
and all claims, costs, and/or losses whatsoever occurring or resulting from: (1) the Agency's failure to pay
any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work,
Services, materials, or supplies by Agency employees or other suppliers in connection with or support of
the performance of this Contract.
B. Agency AMement to repay. The Agency further agrees that it is financially responsible for
and will repay the City all indicated amounts following an audit exception that occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the
Agency, its officers, employees, agents, and/or representatives. This duty to repay the City shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract
or the Termination Sections.
C. Agency Indemnification of City.
1. Agency Indemnification of City. The Agency shall protect, defend, indemnify, and save
harmless the City, its officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the
Agency, its officers, employees, and/or agents, in its performance and/or non-performance of its
obligations under this Contract. The Agency agrees that its obligations under this subparagraph extend to
any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, the Agency, by mutual negotiation, hereby waives, as respects to the City only, any immunity
that would otherwise be available against such claims under the Industrial Insurance provisions of Title
51 RCW. In the event the City incurs any judgment, award, and/or cost arising there from including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Agency.
2021 CDBG CAPITAL CONTRACT - 13 - 8/2017
CITY OF CITY HALL
Fe d e ra I Wa Feder 8th Avenue South
Federal Way, WA 98003-6325
���-- (253) 835-7000
www. cltyoffederahmy. com
Claims shall include, but not be limited to, assertions that involve the use or transfer of
software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise
results in unfair trade practice.
2. The Agency agrees not to perform any acts that include, but are not limited to, use or
transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, that constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice. The Agency agrees to indemnify the City for any harm
resulting from unfair trade practices.
3. The provisions in this section shall survive the termination and/or duration of the contract
term.
4. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
XIV. INSURANCE REQUIItEMENTS—GENERAL
A. Insurance Required. By the date of execution of this Contract, the Agency shall procure and
maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with, the performance of work hereunder by the Agency,
its agents, representatives, and/or employees. The Agency shall pay the costs of such insurance. The
Agency shall furnish separate certificates of insurance and policy endorsements as evidence of compliance
with the insurance requirements of this Contract.
The Agency is responsible for ensuring compliance with all of the insurance requirements stated
herein. Failure by the Agency, its agents, employees, officers, Agency, providers, and/or provider
subcontractors to comply with the insurance requirements stated herein shall constitute a material breach
of this Contract.
Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims
made" form may be acceptable with prior City approval. If coverage is approved and purchased on a
"claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the
purchase of an extended discovery period, if such extended coverage is available, for not less than three
years from the date of Contract termination, and/or conversion from a "claims made" form to an
"occurrence" coverage form.
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application and/or limits of the coverage afforded by said policies, which coverage will apply to each
insured to the full extent provided by the terms and conditions of the policy or policies. Nothing contained
in this provision shall affect and/or alter the application of any other provision contained within this
Contract.
B. Risk Assessment by Agency. By requiring such minimum insurance, the City shall not be
deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract,
nor shall such minimum limits be construed to limit the limits available under any insurance coverage
obtained by the Agency. The Agency shall assess its own risks and, if it deems appropriate and/or prudent,
maintain greater limits and/or broader coverage.
2021 CDBG CAPITAL CONTRACT - 14 - 8/2017
Y OF
cFederal Way..�k
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. atyoliederahvey. com
C. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. General Liability. Insurance Services Office form number (CG 00 01) covering
COMMERCIAL GENERAL LIABILITY.
2. Professional Liability, Errors_, and Omissions Coverage. In the event that Services
delivered pursuant to this Contract either directly or indirectly involve or require professional services,
Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services," for the
purpose of this Contract section, shall mean any Services provided by a licensed professional or those
Services that require a professional standard of care.
3. Automobile Liability. Insurance Services Office form number (CA 00 01 ) covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols
2, 7, 8, or 9.
4. Workers' Compensation. Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar coverage required for this work by
applicable federal or Other States' state law.
5. Stop Gap/Employers Liability. Coverage shall be at least as broad as the protection
provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with
monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability
policy.
6. Property Insurance. Insurance Services Office form number (CP 00 10 ) covering
BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Insurance Services Office form
number (CP 10 30) CAUSES OF LOSS —SPECIAL FORM or project appropriate equivalent.
D. Minimum Limits of Insurance —Services Agreements: The Agency shall maintain limits no
less than the following, for:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage and $2,000,000 in the Aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate.
4. Workers Compensation: Statutory requirements of the State of Residency.
5. Stop Gap or Employers Liability Coverage: $1,000,000.
E. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be
declared to, and approved by, the City. The deductible and/or self -insured retention of the policies shall
not apply to the Agency's liability to the City and shall be the sole responsibility of the Agency.
Other Insurance Provisions. All liability insurance policies required in this Contract except
Professional and Workers' Compensation are to contain, or be endorsed to contain, the following
provisions:
2021 CDBG CAPITAL CONTRACT - 15 - 8/2017
CITY OF
A% Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. o"ffederahvay. com
1. The City, its officers, officials, employees, and agents are to be covered as additional
insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection
with this Contract. Such coverage shall include Products -Completed Operations.
2. The Agency's insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the City, its
officers, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the
Agency in any way.
3. The Agency's insurance shall apply separately to each insured against whom claim is made
and/or lawsuit is brought, except with respect to the limits of the insurer's liability.
F. Acceptability of Insurers. Unless otherwise approved by the City, insurance is to be placed
with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions
insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by
the City.
If, at any time, the foregoing policies shall fail to meet the above requirements, the Agency shall,
upon notice to that effect from the City, promptly obtain a new policy, and shall submit the same to the
City, with appropriate certificates and endorsements, for approval.
G. Verification of Coverage. The Agency shall furnish the City with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by the City prior to the
commencement of activities associated with the Contract. The City reserves the right to require complete,
certified copies of all required insurance policies at any time.
XV. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Non-discrimination. During the performance of this Contract, the Agency shall not
discriminate nor tolerate harassment on the basis of age, color, creed, national origin, marital status, race,
religion, sex, sexual orientation, or the presence of any mental, physical or sensory, disability in the
employment, application for employment, the administration or delivery of services, or any other benefits
under this Contract.
B. Conipl lance with Applicable Laws. The Agency shall comply fully with all applicable federal,
state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, Chapter 49.60 RCW; Titles VI and VII of the Civil Rights Act of
1964, 42 U.S.C. §§ 2000(a) et seq.; the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.; and
the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action
requirements set forth in any federal regulations; statutes or rules included or referenced in the contract
documents.
C. Fair Housing Protections. The Agency shall comply with the federal Fair Housing Act, Public
Law 90-284 (42 U.S.C. §§ 3601 et seq.) The Agency shall take necessary and appropriate actions to
prevent discrimination in any housing -related project under this contract, which includes rental housing
projects and/or projects that include residential real estate -related transactions, as required by the Federal
Fair Housing Act as amended (42 U.S.C. § 3601) and the Washington State Law Against Discrimination
2021 CDBG CAPITAL CONTRACT - 16 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cityofederahvay.. com
(Chapter 49.60 RCW). Residential real estate -related transactions include the making or purchasing of
loans or the provision of financial assistance secured by real estate, or the making or purchasing of loans
or financial assistance for the purchasing, constructing, improving, repairing, or maintaining of a dwelling.
Rental housing includes any dwelling which is intended for occupancy as a residence for one or more
families by lease, sublease, or by grant for a consideration of the right to occupy premises not owned by
the occupant.
D. Additional Federal Nondiscrimination Requirements. The Agency shall comply with all
applicable federal laws prohibiting discrimination, including the following:
§ 107;
225); and
1. Presidential Executive Order 11063 as amended and implementing regulations at 24 C.F.R.
2. Section 109 of the HCD Act of 1974, as amended (42 U.S.C. 5301);
3. The Americans with Disabilities Act (42 U.S.C. § 1213; 47 U.S.C. §§ 155, 201, 218 and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 C.F.R. § 8.
E. Prohibited Discriminatory Actions.
1. Except where expressly authorized by federal law, the Agency may not, under any program
or activity to which this Contract may apply, directly or through contractual or other arrangements,
discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race,
sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory
actions may include but are not limited to the following:
a. Denying any person access to facilities, Services, financial aid, or other benefits
provided under the program or activity;
b. Denying any person Services due to limited English proficiency;
c. Providing any person with facilities, Services, financial aid or other benefits, which are
different, or are provided in a different form from that provided to others under the program or activity;
d. Subjecting any person to segregated or separate treatment in any facility or in any
matter or process related to receipt of any service or benefit under the program or activity;
e. Restricting in any way access to or in the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, Services, financial aid or other benefits under the program
or activity;
f. Treating any person differently from others in determining whether the person satisfies
any admission, enrollment, eligibility, membership, or other requirement or condition which individuals
must meet in order to be provided any facilities, Services or other benefit provided under the program or
activity;
g. Denying any person any opportunity to participate in a program or activity as an
employee; and
h. Failing to design and construct facilities for first occupancy after January 26, 1993 that
are readily accessible to and usable by individuals with disabilities and failure to remove architectural and
2021 CDBG CAPITAL CONTRACT - 17 - 8/2017
CIT
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www crtyoffedera/way com
communication barriers that are structural in nature in existing facilities, where such removal can be
accomplished without difficulty and expense.
2. The Agency shall not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination on the basis of age, color, familial status, nationality, race,
religion, sex, or sexual orientation; or mental, physical, or sensory disability; or have the effect of defeating
or substantially impairing accomplishment of the objectives of the program or activity with respect to
individuals of a particular age, color, familial status, nationality, race, religion, sex, or sexual orientation;
or the presence of any mental, physical, or sensory disability.
3. The Agency, in determining the site or location of housing or facilities provided in whole
or in part with funds under this Contract, may not make selections of such site or location which have the
effect of excluding individuals, denying them benefits, or subjecting them to discrimination on the grounds
of age, sex, marital status, familial status, religion, race, creed, color, sexual orientation, nationality, or the
presence of any sensory, mental, or physical disability; or which have the purpose or effect of defeating
or substantially impairing the accomplishment of the objectives of the HCD Act or of the HUD
Regulations.
F. Employment Projections. In all solicitations under this Contract, the Agency shall state that all
qualified applicants will be considered for employment. The words "equal opportunity employer" in
advertisements shall constitute compliance with this Section.
G. Record-Keeping_Reguirements and Site Visits.
The Agency shall maintain, for at least six years after completion of all work under this Contract,
the following:
1. Records of employment, employment advertisements, application forms, and other
pertinent data, records and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
2. Records, including written quotes, bids, estimates, or proposals submitted to the Agency
by all businesses seeking to participate on this Contract, and any other information necessary to document
the actual use of and payments to suppliers in this Contract, including employment records.
The City may visit, at any time, the site of the work and the Agency's office to review the foregoing
records. The Agency shall provide all assistance requested by the City during such visits. In all other
respects, the Agency shall make the foregoing records available to the City for inspection and copying
upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations, or statutes included or referenced in the contract
documents.
H. Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this
Section shall be a material breach of contract for which the Agency may be subject to damages,
withholding payment, and any other sanctions provided for by the Contract and by applicable law.
I. No Conflict with Federal Requirements. As indicated by HUD Notice CPD 04-10, a faith -
based organization's exemption from the federal prohibition on employment discrimination on the basis
of religion, set forth in 42 U.S.C. § 2000e-1(a), is not forfeited when the organization receives HUD
funding. Faith -based organizations, like any other entity participating in a HUD -funded program, must,
however, comply with all the statutory requirements of that particular HUD -funded program. Both the
2021 CDBG CAPITAL CONTRACT - 18 - 8/2017
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
w wwcifyoff dareMW,,com
CDBG and HOME Programs contain statutory provisions imposing non-discrimination requirements on
all agencies, subgrantees, or contractors. Religious organizations that believe that certain non-
discrimination statutory requirements are substantially burdensome may be entitled to protection under
the Religious Freedom Restoration Act, 42 U.S.C. §§ 4000bb-3, 4000bb-2(1), which applies to all federal
law and its implementation. Agencies, subgrantees, or contractors should be aware that anti -discrimination
provisions of Section 109 of the Housing and Community Development Act of 1974, Section 282 of the
HOME Investment partnership Act may pose questions of conformance with Title VII of the Civil Rights
Act of 1964 and future court rulings could define more specifically the application of these laws to faith -
based organizations. In the event that a provision of this Contract is deemed to be in actual conflict with
federal law, the conflicting provision in this Contract shall not apply.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed
a 504/ADA Self -Evaluation Questionnaire for all programs and Services offered by the Agency (including
any Services not subject to this Contract) and has evaluated its Services, programs, and employment
practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq. and
the Americans with Disabilities Act of 1990 (ADA) 42 U.S.C. §§ 12101 et seq. The Agency warrants and
represents that it has completed a 504/ADA Assurance of Compliance and shall submit it to the City. Such
Assurance of Compliance is attached to this Contract and is incorporated herein by this reference.
XVII. ACCESSIBILITY
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to
this Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151,
et seq.) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 C.F.R. §§
40.1, et seq. for residential structures, and Appendix A to 41 C.F.R. §§ 101-19, et seq. for general type
buildings). When applicable, certain multifamily housing units designed and constructed for first
occupancy after March 13, 1991, with assistance provided under this Contract, must comply with the Fair
Housing Accessibility Guidelines, 24 C.F.R. §§ 100.1, et seq., now and as amended.
XVIII. ENVIRONMENTAL REVIEW
A. National Environmental Policy Act — The City retains environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 C.F.R. §§ 58.1, et seq.). The City may require the Agency to
furnish data, information, and assistance for the City's review and assessment in determining whether an
Environmental Impact Statement must be prepared. The Agency shall be solely responsible for the cost of
compliance with all such federal laws and authorities including the cost of preparing plans, studies, reports,
and the publication of notices that may be required.
B. Other Federal Environmental Laws.
1. Historic Preservation. Activities affecting property listed in or found to be eligible for
inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD
Environmental Review Procedures at 24 C.F.R. §§ 58.1, et seq. The Agency shall meet the historic
preservation requirements of Pub. L. No. 89-665 (16 U.S.C. § 470(i)), and the Archaeological and Historic
Preservation Act of 1974, Pub. L. No. 93-291 (16 U.S.C. § 469a-1), and Executive Order 11593, including
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CITY OF CITY HALL
33325 8th Avenue SouthFederal Way
Federal Way, WA 98003-6325
��- -- (253) 835-7000
www ci"ffedera/wwy com
the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 C.F.R.
§§ 801, et seq.
2. Architectural Barriers. Any facility constructed pursuant to this Contract shall comply with
design requirements of the Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.), and the
Uniform Federal Accessibility Standards (US Government Printing Office, 1985-494-187).
3. National Flood Insurance. When applicable, the use of CDBG funds for acquisition or
construction purposes in identified special flood hazard areas shall be subject to Agency mandatory
purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973
(Pub. L. No. 93-237, 42 U.S.C. § 2414 and 42 U.S.C. §§ 4001-128).
4. Lead -Based Paint. Whenever funds under this Contract are used directly or indirectly for
construction, rehabilitation, or modernization of residential structures, the Agency shall comply, at its sole
expense, with the HUD Lead -Based Paint regulations (24 C.F.R. § 35) issued pursuant to the Lead -Based
Paint Poisoning Prevention Act, as amended (42 U.S.C. §§ 4801, et seq.) and the Residential Lead -Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851, et seq.), with regard to lead -based paint, and
with any and all applicable federal, state, and local laws, regulations, or standards hereafter enacted or
issued with regard to lead -based paint. Without limiting the foregoing, the Agency shall remove or cover,
prior to the date for completion of the work funded hereunder and in compliance with all applicable, laws,
regulations, and in conformity with guidelines issued by HUD, all lead -based paint with lead content
above the threshold established by HUD on surfaces affected by the work funded under this Contract. The
Agency shall defend, indemnify, and hold harmless the City from any liability, loss, damage, or expense,
including costs and attorneys' fees, relating in any way to lead -based paint at the property or the abatement
or disposal thereof. This provision shall survive expiration and satisfaction of this Contract, whether by
payment, forgiveness, foreclosure, or otherwise.
5. Other. Clean Air Act as amended, 42 U.S.C. §§ 7401, et seq.; Water Pollution Control Act,
33 U.S.C. §§ 1367, et seq., as amended; Environmental Protection Agency regulations, 40 C.F.R. §§ 1. 1,
et seq.
C. State Environmental Policy Act. Agencies which are branches of government under RCW
43.21C.030 retain responsibility for fulfilling the requirements of the State Environmental Policy Act,
Chapter 43.21C RCW and the regulations and ordinances adopted thereunder. If the Agency is not a
branch of government under RCW 43.21C.030, the City may require the Agency to furnish data,
information, and assistance, as necessary, to enable the City to comply with the State Environmental
Policy Act.
D. Satisfaction of Environmental Requirements.
1. Limitations on Activities Pending Clearance. Pursuant to 24 C.F.R. § 58.22(a), the Agency
shall not commit assistance under this Contract until: 1) the activity is determined to be exempt under
§58.34, or is categorically excluded under §58.35(b), and the City has documented its determination; or
2) the City has completed an Environmental Assessment and HUD has approved the City's Request for
Release of Funds ("RROF") and the related certification from the City. In addition, until the RROF has
been approved by HUD, neither the City nor the Agency may commit non -HUD funds on or undertake an
activity or project under a program listed in Section 58.1(b) if the activity or project would have an adverse
environmental impact or limit the choice of reasonable alternatives; however, an option agreement, self-
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CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. cityoffedershvay.. com
Help Homeownership Opportunity Program funds, and relocation assistance may be excluded from the
limitation above per 24 C.F.R. § 58.22(d), (e), and (f) respectively.
2. Notice to Proceed. Project execution under this Contract, by either the City or the Agency,
shall not proceed until satisfaction of all applicable requirements of the national and state environmental
policy acts. A written notice to proceed will not be issued by the City until all such requirements are
complied with.
XIX. LABOR STANDARDS — 24 C.F.R. § 570.603
A. The Agency shall require that project construction contractors and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 U.S.C. §§
3141 and 3142), and that they comply with the Copeland Act (18 U.S.C. § 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 3701, et seq.); provided that this section shall not apply to
rehabilitation of residential property only if such property contains not less than eight (8) units. In addition
to complying with these federal labor standards, the Agency shall further require that all project
construction contractors comply with all applicable state and local public works bidding and contracting
regulations, specifically including, without limitation, the prevailing wage provisions set forth in Chapter
39.12 RCW and all regulations adopted by the State of Washington Department of Labor and Industries.
B. The Agency shall require that project construction contractors and subcontractors comply with
Federal Labor Standards Provisions (HUD form 4010) and the Davis -Bacon wage determinations
(attached as "Exhibit B" and "Exhibit C," respectively, if applicable). For construction contracts, a copy
of the Federal Labor Standards Provisions (HUD form 4010) and the current Davis -Bacon wage
determinations must be included in all construction bid specifications and/or contracts over $2,000.
XX. VOLUNTEERS — 24 C.F.R. § 70
If the Agency or the Contractor/Subcontractor uses volunteers to perform services on a federally -
assisted construction project, it shall ensure that work is performed without promise, expectation, or
receipt of compensation for services rendered. Volunteer files shall include: (1) the name and address of
the agency sponsoring the project; (2) a description of the project; and (3) the number of volunteers and
the hours donated to the project.
XXI. ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Contract shall comply with
the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
§§ 4601, et seq. (hereinafter the "Uniform Act" and the government -wide regulations applicable to all
federally -assisted projects, effective April 2, 1989, at 49 C.F.R. §§ 34.1, et seq.
B. Implementation of any project provided for in this Contract will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to the
greatest extent feasible.
C. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the
result of acquisition of real property assisted under this Contract shall comply with the Uniform Act, and
the regulations at 49 C.F.R. §§ 24.1, et seq., required by federal CDBG regulations at 24 C.F.R. § 570.606.
The Agency shall comply with the regulations pertaining to costs of relocation and written policies, as
specified by the City of Federal Way's Displacement Policy.
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CITY
d e ra I Way CITY HALL
33325 8th Avenue South
=A&Al Federal Way, WA 98003-6325
�f (253) 835-7000
www atyof(ederal way. com
XXII. PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the State of
Washington, it may become necessary to grant the City a property interest where the subject project calls
for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly -owned facilities
and improvements.
XXIII. REVERSION OF ASSETS — 24 C.F.R. § 570.505.
A. Any real property under the Agency's control that was acquired or improved in whole or in part
with CDBG funds in excess of $25,000 must either be:
1. Used to meet one of the national objectives set forth in 24 C.F.R. § 570.208 of the CDBG
regulations until five (5) years after expiration of the Contract, or such longer period of time as determined
by the City. For Acquisition or improvement of real property projects, the Agency and the City shall
execute a Community Facility Covenant Agreement (attached as "Exhibit D" if applicable); or
2. Disposed of in a manner consistent with the requirements of 24 C.F.R. § 570.505 resulting
in the City being reimbursed in the amount of the current fair market value of the property, less any portion
attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property.
Such reimbursement is not required after the period of time specified in Paragraph (A) above.
XXIV. PROPERTY MANAGEMENT STANDARDS
A. The Agency shall meet the following procedural requirements for all property acquired in
whole or in part with CDBG funds:
1. Property records shall be maintained accurately and provide for a description of the
property; manufacturer's serial number or other identification number; acquisition date and cost; source
of the property; percentage of CDBG funds used in the purchase of property; and location, use, and
condition of the property.
2. A physical inventory of property taken and the results of that inventory are reconciled with
the property records at least once every two (2) years to verify the existence, current utilization, and
continued need for the property.
3. A control system shall be in effect to ensure adequate safeguards to prevent loss, damage,
or theft of the property which shall be investigated and fully documented.
B. The disposition of real property acquired in whole or in part with CDBG funds shall be at no
less than its current appraised fair market value (or for a lease, at the current market value), except that
such property may be disposed of for a lesser value, including by donation, if the disposition at the lesser
value is for a use which qualifies under one of the criteria set forth in 24 C.F.R. § 570.208 for meeting the
national objectives and is permissible under state and local law. Where the disposition is for a lesser value,
the recipient shall maintain documentation that the use meets one of the national objectives pursuant to 24
C.F.R. § 570.208.
XXV. ADDITIONAL LOCAL REQUIREMENTS
A. Mortgage or Leasehold Agreement — In acquisition, rehabilitation, and construction projects,
the City shall enter into a deed of trust or leasehold agreement with the Agency to secure and protect the
City's and the public's interest in the property.
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&CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoifederahvay. com
B. Adequate Value — In acquisition projects, the City shall require evidence through a property
appraisal, title search, or other means to ensure that there is adequate value so as to secure the City's
financial interest.
C. Ci Ordinance Codes. and Regulations —In acquisition and construction projects, the Agency
shall comply with all applicable City ordinances, codes, and regulations.
D. Additional Public Information — For all construction projects, the Agency shall erect a sign to
City specifications at the construction site, which identifies the source of funds, except that this
requirement may be waived for construction projects of $5,000 or less.
XXVI. SUBCONTRACTS AND PURCHASES
A. Subcontract Defined. "Subcontract" shall mean any contract between the Agency and any
entity or between two entities to perform activities within the Scope of this Contract, provided that the
term "subcontract" does not include the purchase of (1) support services not related to the subject matter
of this Contract, or (2) supplies.
B. Approval Required. The Agency shall not subcontract any portion of this Contract without
City approval. Said approval must be sought in writing by the Agency prior to executing a subcontract.
The request for approval shall include Certification regarding Debarment and Suspension and verification
of Labor and Industries eligibility. If the City approves in writing any subcontract, this Section shall
nevertheless continue in full force and effect. Any subcontract without prior approval shall be void and
not reimbursable under this contract.
C. Verification of Subcontractor's Eligibility —24 C.F.R. § 5. The Agency shall maintain records
documenting that the Agency, all subcontractors, and consultants have been determined not to be currently
debarred, suspended, denied participation, or declared ineligible to participate in federal government
funded programs. Verification of eligibility shall be accomplished by signing the Certification Regarding
Debarment and Suspension, which is attached and incorporated as "Exhibit B."
D. Procurement Requirements. In awarding contracts pursuant to this Contract, the Agency shall
comply with all applicable requirements of local and state law for awarding contracts, including but not
limited to procedures for competitive bidding, contractor's bonds, prevailing wages, and retained
percentages (Chapter 60.28 RCW, Chapter 39.12 RCW, and Chapter 39.04 RCW). In addition, the Agency
shall comply with the requirements of the U.S. Office of Management and Budget ("OMB") Super
Circular 2 C.F.R. § 200, relating to "Procurement Standards," and with Executive Order 11246 regarding
nondiscrimination in bid conditions for projects over $10,000. Where federal standards differ from local
or state standards, the stricter standards shall apply. If the Agency is a nonprofit corporation, it agrees to
comply with procurement requirements specified in 24 C.F.R. § 84.40 through .48 or as otherwise
provided in the Project Exhibits. The regulations at 24 C.F.R. § 85.36 (b) through (g) and 24 C.F.R. §
84.40 through .48, require that all goods and Services, irrespective of cost, be procured using a competitive
process.
E. Subcontract Re uirements. Any subcontract shall contain the Supplementary Conditions,
provided as Exhibit D, if applicable.
F. Failure to Comply is Default. Failure by the Agency to require compliance with the above terms
and conditions in subcontracts shall constitute a breach of this Contract.
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FedCITY HALL
T 33325 8th Avenue South
eral Way
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederahvay.. com
XXVII. CONFLICT OF INTEREST
A. The Agency agrees to abide by the provision of 24 C.F.R. §§ 84.42 and 570.611, which include
(but are not limited to) the following:
1. The Agency shall maintain a written code or standards of conduct that shall govern the
performance of its officer, employees, or agents engaged in the award and administration of contracts
supported by Federal funds; and
2. No employee, officer, or agent of the Agency shall participate in the selection or in the
award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent,
would be involved.
3. No covered persons who exercise or have exercised any functions or responsibilities with
respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process
or gain inside information with regard to such activities, may obtain a financial interest in any contract, or
have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted
activity, either for themselves or those with whom they have business or immediate family ties, during
their tenure or for a period of (1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the
City, the Agency, or any designated public Agency.
B. ANney Covenants. The Agency covenants that no officer, employee, consultant, elected or
appointed official, or agent of the Agency who exercises any functions or responsibilities in connection
with the activities funded in whole or in part under this Contract, herein, or any other person who exercises
any functions or responsibilities in connection with the activities funded herein, shall have any personal
financial interest, direct or indirect, in this Contract, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for one year thereafter. Any interest on the part
of the Agency or its employees must be disclosed to the City. The Agency shall take appropriate steps to
assure compliance with this provision.
C. Current and Former City employe -es. The Agency acknowledges that, for one year after leaving
City employment, a former City employee may not have a financial or beneficial interest in a contract or
a grant that was planned, authorized, or funded by a City action in which the former City employee
participated during City employment. The Agency shall identify, at the time of offer, current or former
City employees involved in the preparation of proposals or the anticipated performance of work if awarded
the Contract. Failure to identify current or former City employees involved in the transaction may result
in the City's denying or terminating the Contract. After Contract award, the Agency is responsible for
notifying the City's Project Manager of current or former City employees who may become involved in
the Contract any time during the term of the Contract.
D. Non -Disclosure is Grounds for Termination. Violation of this Section shall constitute a
material breach of this Contract and grounds for termination pursuant to Section XI, as well as any other
right or remedy provided in this Contract or law.
XXVIII. POLITICAL ACTIVITY PROHIBITED
A. No Partisan Activi . None of the funds, materials, property, or Services provided directly or
indirectly under this Contract shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
2021 CDBG CAPITAL CONTRACT - 24 - 8/2017
CITY OF
�� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederahvay. com
B. Certification Regarding Lobb in . The Agency certifies, to the best of its knowledge and
belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the Agency shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
XXIX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment over $5.000. The Agency agrees that any equipment purchases, in whole or in part,
with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is
reimbursable as a Contract budget item, is upon its purchase or receipt the property of the City and/or
federal government.
B. Maintenance of E ui ment. The Agency shall be responsible for all such property, including
the proper care and maintenance of the equipment.
C. Equipment Returned. The Agency shall ensure that all such equipment shall be returned to the
City and/or federal government upon termination of this Contract unless otherwise agreed upon by the
Parties.
D. Right of Access. The Agency shall admit the City's designee to the Agency's premises for the
purpose of marking such property with City property tags.
E. Maintenance of Records. The Agency shall establish and maintain inventory records and
transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased
with Contract funds.
F. Disposition of Equipment. If the Agency ceases to use equipment purchased in whole or in
part with CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of
such equipment, the disposition shall be determined under the provisions of 24 C.F.R. § 570.502(b)(3)(vi),
if the Agency is a nonprofit corporation and 24 C.F.R. § 570.502(a) and 24 C.F.R. § 85.32(e) if the Agency
is a municipal corporation or an agency of the State of Washington. The Agency agrees that it will contact
the City for instructions prior to disposing of, surplusing, encumbering, or transferring ownership of any
equipment purchased in whole or in part with federal funds.
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CITY OF CITY HALL
Fe d e ra I Wa 33325 8th Avenue South
vA f (253) 8 Way, WA 98003-6325
(253)35-7000
www cib offederahvey coin
XXX. NOTICES
Whenever this Contract provides for notice to be provided by one Party to another, such notice
shall be in writing; and directed to the Executive Officer of the Agency and Mayor of Federal Way. Any
notices may be delivered personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall
be deemed received three (3) days after the date of mailing.
XXXI. PROPRIETARY RIGHTS
The Parties to this Contract hereby mutually agree that if any patentable or copyrightable material
or article should result from the work described herein, all rights accruing from such material or article
shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the City,
irrevocable, nonexclusive, and royalty -free license to reproduce, publish or otherwise use, and to authorize
others to use, the work for governmental purposes, according to law, any material or article and use any
method that may be developed as part of the Services under this Contract. The foregoing license shall not
apply to existing training materials, consulting aids, checklists, and other materials and documents of the
Agency, which are modified for use in the performance of this Contract.
XXXII. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are mutually agreed
upon, shall be incorporated by written amendments to this Contract. Budget revisions approved by the
City pursuant to Section IV are not required to be incorporated by written amendment.
XXXIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
The Parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both Parties recognize
that time is of the essence in the performance of the provisions of this Contract. Failure or delay of the
City to declare any breach or default immediately upon occurrence, shall not waive such breach or default.
Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare
another breach or default.
XXXIV. MISCELLANEOUS PROVISIONS
A. Severability. If any term or provision of this Contract or an application of any term or provision
to any person or circumstance is invalid or unenforceable, the other terms or provisions of this Contract,
or the application of the term or provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected and will continue in full force.
B. Cumulative Remedies. No provision of this Contract precludes the City from pursuing any
other remedies for the Agency's failure to perform its obligations.
C. No Third Party Rights. This Contract is for the benefit of the named Parties and the City of
Federal Way only, and no other third party shall have any rights thereunder.
XXXV. SUPPLANTING
If the Agency is a nonprofit corporation providing Public Services under this Contract with CDBG
funds and the Agency received non-federal funds from the City ("local funds") to provide the same
Services as those funded herein during the preceding calendar year, the Agency must use the funds
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. CITY Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. a"ffederahaay. com
provided herein to pay for units of service this year that are over and above the level of service provided
with local funds during the previous year.
XXXVI. ATTORNEYS' FEES AND COSTS
In the event either of the Parties defaults on the performance of any of the terms of this Contract
or either Party places the enforcement of this Contract in the hands of an attorney or files a lawsuit, each
Party shall pay all of its own attorneys' fees, costs, and expenses. The venue for any dispute related to this
Contract shall be King County, Washington.
XXXVII. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL
REQUIREMENTS
A. Drug -Free ree Workplace Certification. The Agency certifies that it is in compliance with the
Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 C.F.R. § 24, Subpart F.
B. Other Federal Requirements. The absence of mention in this Contract of any other federal
requirements, which apply to the award, and/or expenditure of the federal funds made available by this
Contract is not intended to indicate that those federal requirements are not applicable to Agency activities.
The Agency shall comply with all other federal requirements relating to the expenditure of federal funds,
including but not limited to: the Hatch Act (5 U.S.C. Chapter 15) regarding political activities.
XXXVIII. CONSTITUTIONAL PROHIBITION
Funds Not Used for Religious Purpose . In accordance with the First Amendment of the United
States Constitution and Article 1, Section 11 of the Washington State Constitution, and separation of
church and state principles, as a general rule, funds received under this Contract may not be used for
religious activities. Except where otherwise allowed by Federal law, the following restrictions and
limitations apply to the use of CDBG funds:
A. An Agency may not engage in inherently religious activities, such as worship, religious
instruction or proselytization, as part of the assistance funded under this Contract. If the Agency conducts
religious activities, the activities must be offered separately, in time and location, from the assistance
funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance.
B. In performing under this Contract, the Agency shall not discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion or religious belief.
XXXIX. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY
ACCOUNTABILITY ACT OF 1996
Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45
C.F.R. §§ 160 and 164.
A. Obligations and Activities of the Agency_.
1. The Agency agrees not to use or disclose protected health information other than as
permitted or required by law.
2. Implement administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the protected health information that
it creates, receives, maintains, or transmits on behalf of the covered entity as required by 45 C.F.R. § 164,
Subpart C.
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`Federal Vila
Y
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
253 835-70
( ) 7 00
www.c "ffederatway.com
3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known
to the Agency of a use or disclosure of protected health information by the Agency in violation of the
requirements of this Contract.
4. The Agency agrees to report to the City any use or disclosure of protected health
information not allowed under this Contract, or security incident, within two days of the Agency's
knowledge of such event.
5. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides
protected health information received from, or created or received by the Agency on behalf of the City,
agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect
to such information.
6. The Agency agrees to make available protected health information in accordance with 45
C.F.R. § 164.524.
7. The Agency agrees to make available protected health information for amendment and
incorporate any amendments to protected health information in accordance with 45 C.F.R. § 164.526.
8. The Agency agrees to make available the information required to provide an accounting of
disclosure in accordance with 45 C.F.R. § 164.528.
B. Effect of Termination.
1. Except as provided in paragraph 13.2. of this section, upon termination of this Contract, for
any reason, the Agency shall return or destroy all protected health information received from the City, or
created or received by the Agency on behalf of the City. This provision shall apply to protected health
information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain
no copies of the protected health information.
2. In the event the Agency determines that returning or destroying the protected health
information is infeasible, the Agency shall provide to the City notification of the conditions that make
return or destruction infeasible. Upon notification that return or destruction of protected health information
is infeasible, the Agency shall extend the protections of the Contract to such protected health information
and limit further uses and disclosure of such protected health information to those purposes that make the
return or destruction infeasible, for so long as the Agency maintains such protected health information.
XL. CONFIDENTIALITY
The Agency agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal
law.
XLI. DEBARMENT AND SUSPENSION
Agency certifies that, except as noted below, the firm, association, or corporation or any person in
a controlling capacity associated therewith or any position involving the administration of federal funds;
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended, debarred, voluntarily excluded. or determined ineligible by any
federal agency within the past three (3) years; does not have a proposed debarment pending; and has not
been indicted, convicted, or had a civil judgment rendered against said person, firm, association or
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CITY of
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www. a4moffederaMW com
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").
XLII. GENERAL PROVISIONS
A. Successors in Interest. Subject to Section X., Assignment, the rights and obligations of the
Parties shall inure to the benefit of, and be binding upon, their respective successors in interest, heirs, and
assigns.
B. Governing Law. This Contract shall be made in, governed by, and interpreted in accordance
with the laws of the State of Washington.
C. Authorily. Each individual executing this Contract on behalf of the City and Agency represents
and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of
the Agency or the City.
D. Captions. The respective captions of the sections of this Contract are inserted for convenience
of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this
Contract.
E. Counterparts. This Contract may be executed in any number of counterparts, which
counterparts shall collectively constitute the entire Contract.
F. Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as
amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be
rendered null and void at the City's option.
G. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to
participate in the drafting of this Contract and the Exhibits, if any, attached. No ambiguity shall be
construed against any Party upon a claim that that Party drafted the ambiguous language.
[Signature page follows]
2021 CDBG CAPITAL CONTRACT - 29 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www crlyoflederahvay. com
IN WITNESS, the Parties execute this Contract below, effective the last date written below.
CITY OF FEDERAL -WAY:
LM
Jim Ferrell,
V
DATE:
HIGHLINE COLLEGE:
I' l
Title:
P 1 �t
DATE: to �o ✓�- o�i� ��
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ATTEST:
SWphhnie Courtney, CMC. Ci Clerk
APPROVED AS TO FORM:
J. yan Call, City orney
HeatheI
Nota
State of
(IAq AppolnftMM
CommMion N
On this day personally appeared before me (Vn �� Lh��� Y` /1� wl to me known to be the
V k (� Poe5� of N }n1�'n+Sll�I ran 11- 14 -yh I f✓< [a1G2-y 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.
�"' z l
GIVEN my hand and official seal this Zt day of 1v , 20_.
Notary's signature
Notary's printed name'-tc�;'s r�l
Notary Public in and for the St to of ashington
My commission expires ZS lZo ZS
2021 CDBG CAPITAL CONTRACT - 30 - 8/2017
CITY OF
. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www cityoffederaWay. com
"EXHIBIT A"
PROJECT SCOPE OF SERVICES
Program No.: 2021/12
Start Date: 1/2/2021
Program Title: Economic Development Programs
End Date: 3/31/2022
Aaency Contact Person: Rich Shockley
Termination Date: 3/31/2022
E-mail: rshockle (i�hi hline.edu Telephone: (206) 592-4150
The Agency shall utilize City of Federal Way Community Development Block Grant funds to perform all
the activities specified in this Exhibit beginning on January 2, 2021, and completing no later than March
31, 2022. Such services shall be provided in a manner which fully complies with all applicable federal,
state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended.
I. Project Summary
A. Goal. The goal of this project is to provide technical assistance to microenterprise business owners,
entrepreneurs, and start-up businesses located in Federal Way.
B. Outcome. Expand Economic Opportunities - Success is measured by percentage of individuals
that receive technical assistance. 2021 Outcome Target: 100%.
C. Indicators. Business Development Programs will provide technical assistance to at least 24
unduplicated low -moderate Federal Way residents looking to start or grow their business.
D. Program Requirements. The project meets the following CDBG National Objective: Low/Mod
Benefit 24 C.F.R. § 570.208(a)(2); CDBG Eligibility 24 C.F.R. § 570.201(o)
E. Records and Reports. The Agency shall maintain files for this project containing the following
items:
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of this Scope and the City's notice to proceed on this project.
4. Correspondence regarding budget revision requests.
5. Copies of all invoices and reports submitted to the City for this project.
6. Bills for payment.
7. Copies of approved invoices and warrants.
8. Records documenting that costs reimbursed with funding provided under this Scope are
allowable in accordance with OMB Super Circular 2 C.F.R. § 200. Such records include, but
are not limited to:
2021 CDBG CAPITAL CONTRACT - 31 - 8/2017
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www.c 4vffederaWay corn
o For personnel costs, payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document percent of time
charged against this project. Direct salaries and wages of employees chargeable to more
than one grant program or other cost objective(s) must be supported by time distribution
records. Timesheets should contain an after the fact determination of the actual activity
of each employee and be annotated to document the time charged to the project if daily
hours being paid for by the respective CDBG award are not noted.
o For staff travel, documentation of mileage charges for private auto use must include: a)
destination and starting location, and b) purpose of trip; and
o 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 the solicitation process used to select vendors and subcontractors with
original purchase orders and subcontracts.
10. Subcontractor Contracts including the provided Supplementary Conditions.
11. Documentation required by this Contract if any funds provided under this Scope are used
to acquire equipment.
12. The Agency shall ensure that services provided with funding under this Contract are made
available to Federal Way residents.
13. Documentation of client income. The Agency shall screen all clients served with funds
provided under this Contract and maintain records documenting that at least 51 % of the total
number of clients served do not have a gross annual family income in excess of the limits
specified in the below Income Guidelines for Moderate Income Households (80% and below
of median) with the applicable number of Persons Per Household.
14. Documentation of compliance with Davis Bacon, Labor and Industries, and all other
applicable labor laws and regulations.
15. The definition of family shall include all persons living in the same household who are related
by birth, marriage or adoption and includes dependent children living away from home. Income
as defined by 24 C.F.R. §5.609 shall be used to determine persons' or households' income. The
following methods may be used to determine income eligibility:
a) Paystubs, bank statements, similar documents;
b) Client income certification on a form approved by the City; or
c) Documentation of qualification for participation in a "means -tested" federal or state
program at least as restrictive as CDBG with regard to Income Guidelines.
2021 CDBG CAPITAL CONTRACT - 32 - 8/2017
CITY OF
A. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederaMmy com
2021 HUD CDBG INCOME GUIDELINES
King County, Washington
Effective June 1, 2021
30% MEDIAN 50% MEDIAN
80% MEDIAN
FAMILY
EXTREMELY VERY LOW-
LOW -
SIZE
LOW-INCOME INCOME
INCOME
1
$24,300 $40,500
$63,350
2
$27,800 $46,300
$72,400
3
$31,250 $52,100
$81,450
4
$34,700 $57,850
$90,500
5
$37,500 $62,500
$97,750
6
$40,300 $67,150
$105,000
7
$43,050 $71,750
$112,250
8
$45,850 $76,400
$119,500
2020 HUD CDBG INCOME GUIDELINES
King County, Washington
Effective July 1, 2020
30% MEDIAN
50% MEDIAN
80% MEDIAN
FAMILY
EXTREMELY
VERY LOW-
LOW -
SIZE
LOW-INCOME
INCOME
INCOME
1
$25,100
$41,800
$66,700
2
$28,650
$47,800
$76,200
3
$32,250
$53,750
$85,750
4
$35,800
$59,700
$95,250
5
$38,700
$64,500
$102,900
6
$41,550
$69,300
$110,500
7
$44,400
$74,050
$118,150
8
$47,300
$78,850
$125,750
Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated Income
Guidelines, which will be provided by the City.
Record Retention Period
All records required by this Scope shall be retained by the Agency for the period of time specified in
the Contract in Section VI. The period of time shall commence on January 1 of the year following the
termination date.
2021 CDBG CAPITAL CONTRACT - 33 - 8/2017
,ACITY Of
g� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederatway. com
II. Project Budget
The Agency shall apply the following funds to the project in accordance with the Line Item Budget
Summary. The total amount of reimbursement pursuant to this Scope shall not exceed Thirty Thousand
and 00/100 Dollars ($30,000.00).
A. City of Federal Way Funds
City of Federal Way Community $30,000.00
Development Block Grant
Total Citv of Federal Way Funds: $30,000.00
B. Line Item Budget Summary
Personnel Services detail below
$30,000.00
Office or Operating Supplies
Consultant or Purchased Services
Construction Contracts
Communications
Travel and Training
Total City of Federal Way Funds:
$30,000.00
C. Personnel Detail
Position Title
Position Full Time
Annual Salary
CDBG Funds
Equivalent
and Benefits
Certified Business Advisor
16 FTE
$84,578.00
$13,231.00
SBDC/Program Manager
(FT, FW 16% allocation
Micro -enterprise Specialist
.20 FTE
$53,874.00
$11,000.00
(FT, FW 20% allocation
Program Assistant
.10 FTE
$59,055.00
$5,769.00
(FT, FW 10% allocation
Total:
.46
$ 197,507.00
$30,000.00
III. Project Milestones
Milestones
Projected Completion Date
4 unduplicated clients served
Mar 2021
4 clients receiving TA
Mar 2021
Quarter 12021 Report to Funder
Apr 2021
4 unduplicated clients served
Jun 2021
4 clients receiving TA
Jun 2021
Quarter 2 2021 Report to Funder
Jul 2021
2021 CDBG CAPITAL CONTRACT - 34 - 8/2017
CITY OF
Federal
CITY HALL
■ � ay Feder 8th Avenue South
■Y��YI Federal Way, WA 98003-6325
(253)835-7000
www.a4v federelway.com
5 unduplicated clients served
Sep 2021
5 clients receiving TA
Sep 2021
Quarter 3 2021 Report to Funder
Oct 2021
5 unduplicated clients served
Dec 2021
5 clients receiving TA
Dec 2021
Quarter 4 2021 Report to Funder
Jan 2022
6 unduplicated clients served
Mar 2022
6 clients receiving TA
Mar 2022
Quarter 12022 Report to Funder
Apr 2022
Project Completion Report Filed w/the Contractor Staff
Apr 2022
Closing Documentation Submitted
Apr 2022
IV. Performance Measures
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of persons with
CDBG funds:
1s1 Quarter
2°d Quarter
3rd Quarter
Oh Quarter
I" Quarter
Total
JAN. — MAR.
APR. — JUN.
JUL. — SEP.
OCT. — DEC.
JAN. — MAR.
2021
2021
2021
2021
2022
No. of unduplicated Federal
Way persons assisted
1 4
41
5
5
6
24
B. Units of Service
The Agency agrees to provide, at minimum, the following units of service by quarter:
V Quarter
2"d Quarter
3" Quarter
4" Quarter
V Quarter
Total
JAN. — MAR.
APR. — JUN.
JUL. — SEP.
OCT. — DEC.
JAN. — MAR.
2021
2021
2021
2021
2022
Clients receiving technical assistance
4
4
5
5
6
24
2021 CDBG CAPITAL CONTRACT - 35 - 8/2017
CITY 4F CITY HALL
Fe d e ra I Wa Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. atyol%deratmy. com
C. Definition of Services
Technical Assistance - Business advisors will provide one-to-one technical assistance and advising
to business owners looking to start or grow their businesses as well as educational interventions
that are aimed at enhancing small business, self-employment, and micro -enterprise in Federal
Way.
V. Reports, Invoicing and Reporting Schedule
A. Reports. The Agency shall collect and report client information to the City quarterly and annually
on forms provided by the City.
The Agency shall implement and track at least one measurable outcome for the program as presented
in the application. Changes to the outcome presented in the application must be approved by the City prior
to implementation. The Agency shall report the results of your outcome measure(s) annually on the
Outcomes Report to be submitted at the end of the fourth quarter.
City staff may waive specific Agency reporting requirements in writing. City staff may also require
additional reports, as needed, to monitor of the program.
B. Invoicing and Reporting Schedule. Forms shall be submitted no less frequently than quarterly
and are due on the following dates, or within 10 days of notice to proceed, whichever is later. The Agency
shall submit forms to the City in accordance with the following schedule:
1 st Quarter: April 15, 2021:
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
2nd Quarter: July 15, 2021:
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
3rd Quarter: October 15, 2021:
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
4th Quarter: January 7, 2022:
1. Quarterly Reimbursement Request form and backup documentation of expenses
2. Quarterly Project Accomplishment forms
1st Quarter: April 15, 2022:
1. Quarterly Reimbursement Request form and backup documentation of. expenses
2. Quarterly Project Accomplishment forms
3. Annual Outcomes Report form
4. Project Beneficiary Data/Project Funding Report Form
2021 CDBG CAPITAL CONTRACT - 36 - 8/2017
,AMY of
i� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
www.cityu federaMsy.com
The Agency shall submit invoices to the City on the most recent Reimbursement Request and reporting
forms provided by the City. Such forms shall be signed by an authorized representative of the Agency.
Invoices shall include copies of supporting documents.
Estimated Quarterly Payments:
2021
1 st Qtr
$6,000.00
2nd Qtr
$6,000.00
3rd Qtr
$6,000.00
4th Qtr
$6,000.00
2022
1 st Qtr $6,000.00
Expenses must be incurred prior to submission of quarterly reimbursement requests. Proof of
expenditures must be attached to the reimbursement request for invoice to be approved.
Quarterly invoices shall not exceed the estimated payment without prior written approval from the
City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance
measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the
City with satisfactory explanation of how the performance measure will be met by year-end on the
Program Accomplishment Report.
VI. Conditions of Funding
The Agency is responsible for meeting the applicable portions of the funding conditions adopted as part
of the CDBG Allocation Process for the program year of this contract.
VU. Public Information
In all news releases and other public notices related to projects funded under this Contract, the Agency
will include information identifying the source of funds as the Federal Way CDBG Program.
VIII. Conflict of Interest
The Agency covenants that no person who presently exercises any functions or responsibilities in
connection with the Community Development Block Grant Program has any personal financial interest,
direct or indirect, in this Contract. The Agency further covenants that it presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner or degree with the
performance of its services hereunder. The Agency further covenants that in the performance of this
Contract, no person having any conflicting interest will be employed. Any interest on the part of the
Agency or its employees must be disclosed to the City.
2021 CDBG CAPITAL CONTRACT - 37 - 8/2017
CITY of CITY HALL
Fe d e ra I Vila 33325 Avenue South
T Y Federall Way, WA 98003-6325
(253)835-7000
www. atyoftederatwvy. cam
EXHIBIT B
CERTIFICATION RE: DEBARMENT AND SUSPENSION
SAM Search Results
List of records matching your search for
Record Status: Active
DUNS Number: 044605715
NTiTY Highline College
Status: Active
DUNS: 044605715 +4:
CAGE Code: OT387 DoDAAC:
Expiration Date: 12/15/2021
Has Active Exclusion?: No Debt Subject to Offset?: No
Address: 2400 S 240th St
City: Des Moines
State/Province: WASHINGTON
ZIP Code: 98198-2714
Country: UNITED STATES
2021 CDBG CAPITAL CONTRACT - 38 - 8/2017
,CERTIFICATE OF LIABILITY INSURANCE Issue Date 2/8/2021
ISSUED BY:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
State of Washington
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
Department of Enterprise Services
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Office of Risk Management
AFFORDED BY THE STATE OF WASHINGTON SELF INSURANCE
g
LIABILITY PROGRAM.
PO Box 41466
Olympia, WA 98504-1466
COVERAGE AFFORDED BY
State of Washington Self Insurance Liability Program
INSURED:
THE STATE OF WASHINGTON, INCLUDING ALL ITS AGENCIES AND
DEPARTMENTS, IS SELF -INSURED FOR TORT LIABILITY CLAIMS. ALL
State of Washington
CLAIMS MUST BE FILED WITH THE STATE OFFICE OF RISK
Highline College
MANAGEMENT FOR PROCESSING IN ACCORD WITH STATUTORY
ATTN: Heather McBreen
REQUIREMENTS.
240th Street
Des Moines, WA 98198
COVERAGES
THIS IS TO CERTIFY COVERAGE DESCRIBED BELOW IS PROVIDED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE SELF-INSURANCE LIABILITY PROGRAM IS SUBJECT
TO ALL THE TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH PROGRAM.
POLICY
EFFECTIVE
EXPIRATION
TYPE OF COVERAGE
NUMBER
DATE
DATE
LIMITS
GENERAL LIABILITY
Self -Insured
Continuous
Continuous
BODILY INJURY, PROPERTY $5,000,000
®
DAMAGE & PERSONAL INJURY
GENERAL LIABILITY
® OCCURRENCE COVERAGE
COMBINED EACH OCCURRENCE
AUTOMOBILE LIABILITY
BODILY INJURY & PROPERTY $5,000,000
❑
DAMAGE COMBINED EACH
ANY AUTO
® ALL OWNED AUTOS
ACCIDENT
❑ SCHEDULED AUTOS
❑ HIRED AUTOS
❑ NON -OWNED AUTOS
WORKERS COMPENSATION AND
L & I
Continuous
Continuous
WC — STATUTORY
EMPLOYERS LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: Coverage applies as respects tort liability Claims against the
State of Washington as covered by the Tort Claims Act (RCW 4.92 et seq.) The Certificate Holder is named as additional
insured, but only as respects the negligence of the State of Washington.
CERTIFICATE HOLDER:
CANCELLATION
EVIDENCE OF INSURANCE
SHOULD THE SELF INSURANCE LIABILITY PROGRAM BE CANCELLED, THE
STATE OF WASHINGTON WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL
SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY UPON THE
STATE OF WASHINGTON, ITS OFFICIALS, EMPLOYEES, AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE:
po" S`
CERTIFICATE NUMBER CRT 2021-00152
Jason Siems, State Risk Manager
it GFiLINE
C 4 L L E G E
Office of the President
July 9, 2019
To whom it may concern:
I, Dr. John Mosby, of Highline College District 9, authorize the following individuals to negotiate for and
contractually bind the organization:
Michael Pham, Vice President for Administration Services
Highline College
2400 S. 240th Street
PO Box 98000
Des Moines, WA 98198-9800
206-592-3701
Emily Lardner, Interim Vice President for Academic Affairs
Highline College
2400 S. 240th Street
PO Box 98000
Des Moines, WA 98198-9800
206-592-3711
Please do not hesitate to contact me should you require any additional information.
Sincerely,
Dr. John Mosby,
President of Highline College
Tel: 206-592-3200
phone-- address
www.highline.edu (206) 592-3200 (206) 670-3754 M5 99-247 P.O. Box 98000 Des Moines, WA 98196-9000
CITY OF CITY HALL
Fe d eraI WaFeder 8th Avenue South
Federal Way, WA 98003�325
.� (253) 835-7000
www cr[yallederalway. com
City of Federal Way
2021 CDBG Contract
Authorized Signatures for Invoices
I authorize the following individuals to sign invoices and quarterly reports on behalf of:
Highline College
the following: Economic Development Programs
Authorizing
Signature:
(must be signed by
person who signs
the contract,
generally,
Executive Director)
Additional
Authorized
Signature:
Additional
Authorized
Signature:
(Contracting Agency), for
(Program Title).
(Printed Name) (Title)
(Signature)
Kharmyn Williams
(Date)
Kharmyn Williams Fiscal Analyst M
(Printed Name) (Title)
Graf" w dylzi f Nov 24, 2021
F. I i or rnyn 61.111 i. mINOY2i,2021 I7;i7p'wj
(Signature)
Rich Shockley
(Date)
Director Business Development
(Printed Name) (Title)
Nov 19, 2021
(Signature) (Date)
Note: It is the responsibility of the contractor to inform the City of Federal Way if they wish to add a
name to or delete names from this list.
< Business Lookup
License Information:
Newseardi eanc.oreri!ts
Entitynamr.
HIGHUNECOMMUNrTYCOLLEGE FOUNDATION
Business Fame
HIGHUNECOMMUNITYCOLLEGE FOUNDATION
ER"type
NorprofitCopor—
LBiI t•:
500.435-020
Business ID:
001
Location ID:
0001
I.mbon:
Active
Location address
2400 S 240TH ST
DES MOI NES WA 96198
Malgng address
PO BOX 9M MS 9-2
DES MOINES WA 96198
Excise tax and reseller permit status: CI'ck here
Secretary of State status;
Click here
6/30/2021 Corporations and Charities System
,ir,r�ssC�ronand Charities Filing System
BUSINESS INFORMATION
Business Name:
HIGHLINE COMMUNITY COLLEGE FOUNDATION
UBI Number:
600 435 020
Business Type:
WA NONPROFIT CORPORATION
Business Status:
ACTIVE
Principal Office Street Address:
2400 S 240TH ST STOP 99-248, DES MOINES, WA, 98198-2714, UNITED STATES
Principal Office Mailing Address:
PO BOX 98000, SEATTLE, WA, 98198-9800, UNITED STATES
Expiration Date:
06/30/2022
Jurisdiction:
K UNITED STATES, WASHINGTON
Formation/ Registration Date:
06/15/1972
Period of Duration:
PERPETUAL
Inactive Date:
Nature of Business:
CHARITABLE
REGISTERED AGENT INFORMATION
6/30/2021
Corporations and Charities System
HIGHLINE COLLEGE FOUNDATION
Registered Agent Name:
2400 S 240TH ST STOP 99-248, DES MOINES, WA, 98198-2714, UNITED STATES
PO BOX 98000, DES MOINES, WA, 98198-9800, UNITED STATES
GOVERNORS
Title
Governors Type Entity Name
GOVERNOR
INDIVIDUAL
GOVERNOR
INDIVIDUAL
GOVERNOR
INDIVIDUAL
GOVERNOR
INDIVIDUAL
GOVERNOR
ENTITY HIGHLINE COLLEGE FOUNDATION
GOVERNOR
INDIVIDUAL
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Street Address:
Mailing Address:
First Name
Last Name
ANA-MARIE
POPP
SHERI
KELLER
SUSAN
LANDGRAF
JOSH
GERSTMAN
JOHN VAN HERSETT
l 1
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