HomeMy WebLinkAboutContract2024 City Of Renton CDBG Program Administration Page 1 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT
Contractor CITY OF RENTON
Contract Title 2024 City Of Renton Community Development Block Grant Program
Administration
Contract Amount $66,127
Contract Effective Date Date of last signature
Service Period From: 01/01/2024 To 12/31/2024
UEI No. (if applicable) UG2PSBS6UJJ3
THIS CONTRACT No. 6484042 2024 City Of Renton Community Development Block Grant
Program Administration is entered into by KING COUNTY (the “County”), and City of Renton
(the “Contractor”) whose address is 1055 South Grady Way, Renton, WA 98055, United States.
WHEREAS, the County has been advised that the foregoing are the current funding sources,
funding levels and effective dates, and;
WHEREAS, the County desires to have certain services performed by the Contractor as
described in this Contract;
WHEREAS, the County is an Urban County recipient of Community Development Block Grant
Program (CDBG) funds under the Housing and Community Development Act of 1974, Public
Law 93-383 as amended (HCD Act); HOME Investment Partnership Program (HOME) funds
under the National Affordable Housing Act of 1990 Public Law 101-625 as amended (NAHA).
The County uses CDBG and HOME funds for the purpose of carrying out eligible community
development and housing activities under the HCD Act, NAHA, regulations promulgated by the
U.S. Department of Housing and Urban Development (HUD) at 24 Code of Federal Regulations
(CFR) Part 570, 24 CFR Part 92, 24 CFR Part 576, and adopted County Ordinances. (All CFR
references can be found at https://www.ecfr.gov. All King County Code (KCC) references can be
found at http://www.kingcounty.gov/council/legislation/kc_code.aspx);
WHEREAS, an Urban County CDBG Consortium has been established by CDBG Interlocal
Cooperation Agreements (CDBG ICAs) or joint agreements between the County and certain
municipal corporations (Consortium Cities) within the County covering program years 2024-
2026. The CDBG ICAs specify allocation of CDBG funds by the County to those participating
jurisdictions for use in accordance with the County Consolidated Housing and Community
Development Plan (HCD Plan). The HCD Plan has been adopted by the King County Council,
accepted by participating jurisdictions and approved by HUD;
WHEREAS, a HOME Consortium has been established by HOME ICAs between the County
and certain HOME Consortium Cities covering 2024-2026, the terms of which specify allocation
of HOME funds by the County for use in accordance with the HCD Plan which has been adopted
by the King County Council, accepted by participating jurisdictions, and approved by HUD;
WHEREAS, the County desires to award certain funds to the Contractor for use as described in
this Contract and as authorized by County ordinance, for the purpose of implementing eligible
CAG-24-298
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activities as applicable under the HCD Act, NAHA, HUD regulations, State laws, and/or adopted
County ordinances;
WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the
County to undertake such eligible activities, so long as the requirements of the HCD Act, NAHA,
HUD Regulations, State law, and County ordinances are adhered to, as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and
the Contractor, as the parties in this Contract, in implementing such eligible activities under the
laws and regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or
more of the following: County ordinance, the HCD Act, NAHA, Revised Code of Washington
(RCW) Chapter 39.34, RCW Chapter 35.21.730 et seq., the Constitution, and the enabling laws
of the State of Washington;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually agree as
follows.
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TABLE OF CONTENTS
1. Contract Services and Requirements, and Incorporated Statements of Work. ......................... 5
2. Contract Term .......................................................................................................................... 7
3. Budget ..................................................................................................................................... 7
4. Compensation and Method of Payment ................................................................................... 7
5. Internal Control and Accounting System .................................................................................. 9
6. Debarment and Suspension Certification ................................................................................. 9
7. Affirmative Marketing ............................................................................................................... 9
8. Accessibility for Capital Projects ............................................................................................. 10
9. Labor Standards .................................................................................................................... 10
10. Employment Opportunities on Assisted Construction Projects ............................................... 11
11. No Benefit to Owners and Developers of Assisted Housing ................................................... 12
12. Supplanting ............................................................................................................................ 12
13. Drug Free Workplace Certification and other Federal Requirements ...................................... 12
14. Constitutional Prohibition........................................................................................................ 12
15. Promissory Note, Deed of Trust and Covenant ...................................................................... 13
16. Anti-Displacement and Relocation Assistance for Capital Projects ......................................... 13
17. Property Management for Capital Projects ............................................................................. 14
18. Taxes and Licenses ............................................................................................................... 15
19. Procedure in the Event of Casualty/Condemnation for Capital Projects ................................. 15
20. Maintenance of Records ........................................................................................................ 15
21. Evaluations and Inspections ................................................................................................... 18
22. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) .... 19
23. Financial Report Submission .................................................................................................. 19
24. Corrective Action .................................................................................................................... 20
25. Dispute Resolution ................................................................................................................. 21
26. Termination ............................................................................................................................ 21
27. Hold Harmless and Indemnification ........................................................................................ 22
28. Insurance Requirements ........................................................................................................ 24
29. Assignment ............................................................................................................................ 28
30. Subcontracting ....................................................................................................................... 28
31. Nondiscrimination and Payment of a Living Wage ................................................................. 29
32. Code of Conduct .................................................................................................................... 35
33. Conflict of Interest .................................................................................................................. 35
34. Equipment Purchase, Maintenance, and Ownership .............................................................. 36
35. Proprietary Rights .................................................................................................................. 37
36. Political Activity Prohibited ..................................................................................................... 37
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37. King County Recycled Product Procurement Policy ............................................................... 38
38. Future Support ....................................................................................................................... 38
39. Entire Contract ....................................................................................................................... 38
40. Contract Amendments ........................................................................................................... 38
41. Notices ................................................................................................................................... 39
42. Services Provided in Accordance with Law and Rule and Regulation .................................... 39
43. Applicable Law ....................................................................................................................... 39
44. No Third-Party Beneficiaries .................................................................................................. 39
45. Non-Waiver of Breach ............................................................................................................ 39
46. Force Majeure ........................................................................................................................ 39
47. Emergency Response Requirements ..................................................................................... 40
48. Contractor Certification .......................................................................................................... 41
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1. Contract Services and Requirements, and Incorporated Statements of Work.
A. The Contractor shall provide services and meet the requirements included in these
Standard Terms and Conditions and in the attached Statement of Work, or attachments,
each of which is incorporated herein by this reference:
B. Contact Person
King County and the Contractor shall each designate a contact person for each Statement
of Work 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 the Standard Terms and Conditions Section 41.
C. Federal Funds
The term “Federal Funds” as used herein means CDBG funds and/or HOME funds. The
specific types of funds provided under this Contract are specified in the attached
Statement of Work.
D. Environmental Review
This Section applies to all projects using Federal Funds that are not exempt under 24 CFR
Part 58. Notwithstanding any provision of this Contract, the parties hereto agree and
acknowledge that this Contract does not constitute a commitment of funds or site approval,
and that such commitment of funds or approval may occur only upon satisfactory
completion of environmental review and receipt of a release of funds, if applicable, from
HUD under 24 CFR Part 58. The parties further agree that the provision of any funds to the
project is conditioned upon King County’s determination to proceed with, modify, or cancel
the project based on the results of a subsequent environmental review. The Contractor
shall not spend any funds on physical or choice-limiting actions, including property
acquisition, demolition, movement, rehabilitation, conversion, repair, or construction prior
to the environmental clearance. Violation of this provision shall result in the denial of any
funds under this Contract.
Capital Projects using Federal Funds shall also comply with Subsections E, F, G, H, and I
of this Section.
E. Environmental Policy Act
The County retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities
identified therein. The Contractor 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. The Contractor and its subcontractors
shall not take any actions inconsistent with 24 CFR Part 58.
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F. National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in identified
special flood hazard areas shall be subject to Contractor mandatory purchase of flood
insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub
L. 93-237).
G. Lead-Based Paint
The Contractor shall comply with the Lead-Based Paint Poisoning Prevention Act (42
United States Code (USC) 4821-4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 USC 4851-4856), and implementing regulations at 24 CFR Part
35, subparts A, B, J, K, and R. Generally, these laws prohibit the use of lead-based paint
(whenever funds under this Contract are used directly or indirectly for construction,
rehabilitation, or modernization of residential structures); require elimination of immediate
lead-based paint hazards in residential structures; and require notification of the hazards of
lead-based paint poisoning to purchasers and tenants of residential structures constructed
prior to 1978.
H. Environmental Justice
The Contractor shall comply with Presidential Executive Order 12898 requiring
identification and mitigation, as appropriate, of disproportionately high and adverse human
health or environmental impacts of programs, policies, and activities on minority and/or
low-income populations.
I. Subrecipient Monitoring
i. First-tier subrecipients shall register in the System for Award Management (SAM),
including obtaining a Unique Entity Identification (UEI) number and maintain the
currency of that information. A pass-through entity shall be responsible for
determining that subrecipients have current SAM registrations prior to making
subawards and performing periodic checks to ensure that the subrecipients are
updating information as necessary.
ii. Recipients shall require each subrecipient to:
a. Document, at the time of the subaward and disbursement of funds, the
Federal Award Identification Number (FAIN) and Catalog of Federal Domestic
Assistance (CFDA) number; and
b. Provide similar identification in their Schedule of Expenditures of Federal
Awards (SEFA) and Form SF-SAC. Additional information, including
presentation requirements for the SEFA and SF-SAC, is provided in Appendix
VII of the 2009 Supplement (2 CFR Section 176.210).
J. The Contractor agrees to comply with procurement requirements specified in 2 CFR
200.317-326.
In accordance with these regulations, the Contractor shall take all necessary affirmative
steps to assure Minority and Women’s Business Enterprises (MWBEs) and labor surplus
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area firms are used as subcontractors when possible. Affirmative steps shall include those
actions specified above in this Section of the Contract.
K. Nondiscrimination in Federally Assisted Construction
The Contractor shall also require compliance with Presidential Executive Order 11246 as
amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for
construction projects over $10,000.
L. Failure to Comply is Default
Failure by the Contractor to require compliance with the above terms and conditions in
subcontracts shall constitute a breach of this Contract.
2. Contract Term
This Contract’s Period of Performance shall begin on January 1, 2024 and shall terminate
on December 31, 2024, unless extended or terminated earlier, pursuant to the terms and
conditions of this Contract. The Period of Performance, Start Date, and End Date for the
project(s) shall be specified in the Statement of Work. Costs incurred during the Period of
Performance will be reimbursed. Costs incurred after the End Date will not be reimbursed.
The Contractor shall own and operate the project during the compliance period as defined
in the Program/Project Statement of Work.
3. Budget
The Contractor shall apply the funds received from the County under this Contract in
accordance with the Statement of Work including a line item budget, if applicable, set forth
in the Statement of Work. The Contractor shall request, in writing, prior approval from the
County to revise the line item budget when the cumulative amount of transfers from a line
item in the Statement of Work is expected to exceed ten percent of that line item.
Supporting documents are necessary to fully explain the nature and purpose of the
revision and must accompany each request. All budget revision requests in excess of ten
percent of a line item amount shall be reviewed and approved or denied by the County in
writing.
4. Compensation and Method of Payment
A. Compensation:
The County shall compensate the Contractor for satisfactory completion of the services
and requirements as specified in this Contract and its attached Statement of Work.
B. Invoicing:
The Contractor shall submit invoices and all accompanying reports as specified in the
attached Statement of Work, including the final invoice and all outstanding reports. The
County shall endeavor to make payment not more than 30 days after a complete and
accurate invoice is received.
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C. Final Invoice:
The Contractor shall submit its final invoice and all outstanding reports as specified in this
Contract and its attached Statement of Work. If the Contractor’s final invoice and reports
are not submitted as required, the County will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice.
D. Reimbursement for Travel:
The Contractor shall not be reimbursed for travel unless otherwise specified within a
Statement of Work.
E. Final Invoice for Service Projects
i. The Contractor shall submit its final invoice and all outstanding reports providing
funding for Service Projects within 30 business days after the End Date.
ii. If the Contractor’s final invoice, supporting documentation, and reports are not
submitted by the date specified in this Subsection, the County shall be relieved of
all liability for payment to the Contractor of the amounts set forth in said invoice or
any subsequent invoice; provided, however, the County may elect to pay any
invoice that is not submitted in a timely manner.
F. Final Invoice for Capital Projects
i. Unless provided otherwise in the Statement of Work, the Contractor shall submit its
final invoice, supporting documentation, and all outstanding reports for the
Statement of Work providing funding for Capital Projects before the End Date
specified in the Statement of Work.
ii. If the Contractor’s final invoices, supporting documentation, and reports are not
submitted by the date specified in this Subsection, the County shall be relieved of
all liability for payment to the Contractor of the amounts set forth in said invoice or
any subsequent invoice; provided, however, the County may elect to pay any
invoice that is not submitted in a timely manner.
G. Unspent County Funds
i. After the End Date specified in the Statement of Work, the County shall recapture
any unexpended funds encumbered under this Contract.
ii. During the term of the Contract, the County may, upon mutual agreement,
recapture any unexpended funds for reallocation to other activities.
H. Municipal Corporations, State Public Agencies, or Not-for-Profit Corporations
The Contractor shall comply with the policies, guidelines, and requirements of 2 CFR Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, unless otherwise provided in the Statement of Work.
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I. Excess Federal Funds
CDBG and/or HOME funds on hand shall not exceed $5,000 if retained beyond three
days unless written approval is received from the County. Any reimbursement in excess
of the amount required shall be promptly returned to the County.
J. Program Income
The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFR
§§ 92.2, 92.503 and 570.504(c) and in the ICAs, generated under this Contract for the
purposes specified herein or generated through the project funded under this Contract.
Program Income is to be reported to the County. Program Income shall be returned to
the County unless the County specifies that it may be retained by the Contractor. If the
County authorizes the Contractor to retain the Program Income to continue or benefit a
project, the Contractor shall comply with all provisions of this Contract in expending the
funds. This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Standard Terms and Conditions, Section 2.
Contract Term or Section 26. Termination.
5. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls that
complies with the generally accepted accounting principles issued by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is
applicable to the Contractor’s form of doing business.
6. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are
excluded from receiving Federal Funds and contracting with the County. The Contractor, by
signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or
proposed for debarment, by any Federal department or agency. The Contractor shall not enter
into a subcontract with a person or entity that is debarred, suspended, or proposed for
debarment. The Contractor shall notify King County if it, or a subcontractor, is debarred,
suspended, or proposed for debarment, by any Federal department or agency. Debarment
status may be verified at https://www.sam.gov/.
7. Affirmative Marketing
A. Federal Marketing Requirements
Each Contractor shall adopt affirmative marketing procedures and requirements for
projects containing five or more housing units funded with CDBG and/or HOME funds.
Affirmative marketing steps consist of actions to provide information and otherwise attract
eligible persons from all racial, ethnic, and gender groups in the housing market area to
the available housing. (The affirmative marketing procedures do not apply to families with
housing assistance provided by the Public Housing Authority or families with tenant based
rental assistance provided with HOME funds.) The County shall annually assess the
Contractor's affirmative marketing program to determine the success of affirmative
marketing actions and any necessary corrective actions.
B. The affirmative marketing requirements and procedures adopted must include:
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i. Methods for informing the public, owners, and potential tenants about federal fair
housing laws and the use of the Equal Housing Opportunity logotype or slogan in
press releases and solicitations for owners, and written communication to fair
housing and other groups;
ii. Requirements and practices the Contractor must adhere to in order to carry out the
participating jurisdiction's affirmative marketing procedures and requirement (e.g.,
use of commercial media, use of community contacts, use of the Equal Housing
Opportunity logotype or slogan, and display of fair housing poster);
iii. Procedures to be used by the Contractor to inform and solicit applications from
persons in the housing market area who are not likely to apply for the housing
without special outreach (e.g., use of community organizations, language
interpreters, places of worship, employment centers, fair housing groups, or
housing counseling agencies);
iv. Records must be kept describing actions taken by the Contractor to affirmatively
market units and records to assess the result of these actions; and
v. A description of how the Contractor shall assess the success of affirmative
marketing actions and what corrective actions will be taken where affirmative
marketing requirements are not met.
8. Accessibility for Capital Projects
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 USC
4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to
24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts 101-19 and subpart
101-19.6 for general type building). When applicable, certain multi-family housing units
designed and constructed for first occupancy after March 13, 1991, with assistance provided
under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part
100 as amended.
9. Labor Standards
Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C below.
A. Davis-Bacon Requirements
For projects assisted with CDBG funds, this Subsection shall not apply to construction or
rehabilitation of residential property consisting of fewer than eight units. For projects
assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental
property consisting of fewer than twelve units.
All construction work funded in whole or in part under this Contract must be performed in
accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5)),
the Copeland "Anti-Kickback" Act, as amended (40 USC 276(c)), and the Contract Work
Hours and Safety Standards Act (40 USC 327 et seq.) as further prescribed at 29 CFR
Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis-Bacon documentation
requirements and regularly submit required documentation to the County, shall maintain
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records sufficient to evidence compliance with this Section, and shall make such records
available for the County’s review upon request.
A copy of the current Davis-Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over $2,000, except where the project
includes a copy of applicable state prevailing wages that are higher than current Davis-
Bacon wages.
Agencies receiving an award of local funds (HOF, Regional Affordable Housing Program
(RAHP), HB 2331, Veterans and Human Services Levy or MIDD funds) or federal funds
that do not trigger Davis-Bacon shall comply with Subsections B and C below.
B. Prevailing Wages
Projects that are not subject to Section A., above, shall pay State residential prevailing
wage rates as a minimum. Projects that are subject to State prevailing wage requirements
of chapter 39.12 of the Revised Code of Washington (RCW) shall pay prevailing wages at
or above the applicable State classification rate.
The Contractor shall provide annual certification to the County of its compliance with the
requirements of this Section. The Contractor shall additionally maintain records sufficient
to evidence compliance with this Section and make such records available for the
County’s review upon request.
C. Use of Volunteers
The Contractor shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this Contract.
10. Employment Opportunities on Assisted Construction Projects
A. Section 3 Requirements
The work to be performed under this Contract may be subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701u (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B. Section 3 Criteria for Capital Projects
As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 75 apply to any
Statement of Work which meets all three of the following criteria:
i. The Statement of Work must include $200,000 or more in total HUD funds from one
or more program years;
ii. The Statement of Work must include construction or rehabilitation work as a task
that will be funded in full or in part with the HUD funds; and
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iii. The construction or rehabilitation work that will be funded must have a contract
value which exceeds $200,000. Actual contract value of construction or
rehabilitation work is the determining factor, not a cost estimate.
Additionally, Section 3 regulations are applicable to Statement of Work which do not
initially meet the above criteria, but which are amended so as to add funds or change the
activities for which the funds are used. Section 3 regulations do not apply to projects that
include $200,000 or more in HUD funds when the funds are being used for acquisition
and/or professional services only and not for construction or rehabilitation work.
11. No Benefit to Owners and Developers of Assisted Housing
No Contractor, developer, or sponsor (or officer, employee, agent, or consultant of the owner,
developer, or sponsor) whether private, for profit, or not-for-profit (including a Community
Housing Development Organization when acting as an owner, developer, or sponsor) may
occupy a CDBG, HOME, HOF, RAHP, HB 2331, or Current Expense (CX)-assisted affordable
housing unit in a project. This provision does not apply to an owner-occupant of single family
housing or to an employee or agent of the owner or developer of a rental housing project who
occupies a CDBG, HOME, HOF, RAHP, HB 2331, or CX-assisted unit as the project manager or
maintenance worker.
12. Supplanting
Any federal CDBG or Homeless Housing and Services (2163) Funds made available under this
Contract to provide public (human) services shall not be utilized by the Contractor to reduce or
replace the local financial support currently being provided to public (human) service programs.
Homeless Housing and Services Funds cannot be used in the place of existing housing
operations or services funds.
13. Drug Free Workplace Certification and other Federal Requirements
A. Drug-Free Workplace Certification
The Contractor certifies that it is in compliance with the Drug-Free Workplace Act of 1988
(42 U.S.C 701) and regulations set forth at 2 CFR Part 2429.
B. Other Federal Requirements
The absence of mention in this Contract of any other federal requirements that 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 Contractor
activities. The Contractor shall comply with all other federal requirements relating to the
expenditure of Federal Funds, including but not limited to, the Hatch Act (5 USC Chapter
15) regarding political activities.
14. Constitutional Prohibition
In accordance with the First Amendment of the United States Constitution; Article 1, Section 11
of the Washington State Constitution; and separation of church and state principles, as a
general rule, funds received under this Contract may not be used for religious activities. Except
where otherwise allowed by federal law, the following restrictions and limitations apply to the use
of CDBG and HOME funds:
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A. The Contractor 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 Contractor 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 Contractor shall not discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion or religious belief;
and
C. CDBG and HOME funds may be used to rehabilitate or construct facilities and housing
owned by primarily religious organizations only to the extent those structures are used for
conducting eligible activities consistent with 24 CFR § 570.200, 24 CFR § 92.257, and 24
CFR § 576.23.
15. Promissory Note, Deed of Trust and Covenant
The Contractor agrees that funding provided under this Contract for the acquisition, construction,
improvement and/or rehabilitation of real property (Premises) owned by the Contractor is a loan
from the County to the Contractor. The Contractor agrees to promptly execute a promissory
note, deed of trust and covenant (if applicable), in a format approved by the County, if required
in the Statement of Work. The Contractor agrees that for real property, which is leased by the
Contractor and assisted under this Contract, the Contractor shall obtain a covenant from the
owner of the real property in a form approved by the County, if required in the Statement of
Work.
16. Anti-Displacement and Relocation Assistance for Capital Projects
The Contractor shall, at all times, comply with all applicable federal, state, and local laws,
statutes, rules, and regulations relating to relocation of those persons and households residing
at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for the
cost of all relocation benefits required by law.
Capital projects using Federal Funds shall also comply with the following:
A. Local Funds Only - Local Relocation Guidelines
Projects that include or will include only local county funds (HOF-CX, Veterans and Human
Services Levy, RAHP, 2331, Mental Health, or HIPDD Developmental Disabilities Funds)
for the acquisition, demolition, and/or rehabilitation of property that has existing residential
tenants who may be displaced shall provide relocation benefits to all displaced
households. Effective October 1, 2005, the benefit amount for each displaced household
will be $2,462 per household; provided that, if the Joint Recommendations Committee
(JRC) of the King County Consortium adjusts the benefit amount in accordance with King
County Consortium Supplemental Relocation Guidelines based on changes in the
consumer price index, the increased benefit amount shall apply. All tenants selected for
relocation shall be given formal notification regarding the need to relocate with a minimum
of 90 days’ notice of the date they must relocate, along with information about why they
were selected. Consideration of a longer notice period may be required if the tenant
demonstrates a special circumstance (for instance, health reasons) which would be
alleviated by extending the notice period. A list of all displaced households, including
name, unit number, household size, ethnicity, and monthly gross income shall be provided
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to the King County Relocation Specialist along with documentation of all the payments
made to displaced tenants. All relocation costs shall be included in the project
development budget.
B. Federal Acquisition and Relocation Requirements:
Implementation of any project provided for in this Contract will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or
farms to the greatest extent feasible.
The Contractor shall comply with the following:
i. Any acquisition of real property by the Contractor for any activity assisted under this
Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24;
ii. Any displacement of persons, businesses, nonprofit organizations, or farms
occurring as the result of acquisition of real property assisted under this Contract
shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part
24 as amended, and the County's Residential Anti-displacement and Relocation
Assistance Plan required by federal regulations at 24 CFR § 570.606(c) and
adopted by the County Council as part of the HCD Plan. The Contractor shall
comply with the regulations pertaining to costs of relocation and written policies, as
specified by the King County Residential Anti-displacement and Relocation
Assistance Plan; and
iii. When any lower-income dwelling units are demolished or converted to a use other
than a lower-income dwelling unit, in connection with an activity assisted under this
Contract with Federal Funds, the units must be replaced on a one-for-one basis.
Lower-income dwelling units are defined as a dwelling unit with a market rent
(including utility costs) that does not exceed the applicable Fair Market Rent for
existing housing as established by HUD and published annually, pursuant to 24
CFR Part 888. The Contractor must comply with the one-for-one replacement of
housing requirements of Section 104(d) of the HCD Act, as amended. The
implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24
CFR § 570.606.
17. Property Management for Capital Projects
The Contractor shall engage in sound property and program management practices and, at all
times, operate and maintain the Premises in a manner which fully complies with all applicable
federal, state, and local laws, statutes, rules, and regulations covering health and safety issues
in order to provide decent, safe, and sanitary housing, as now in effect or as may be hereafter
amended. The Contractor specifically agrees to comply and pay all costs associated with
achieving such compliance without any notice of requirement or requirements from the County,
and that the County does not waive this section by giving notice of demand for compliance in
any instance.
The Contractor shall, throughout the term of this Contract, without cost or expense to the
County, keep and maintain the Premises and all improvements, landscaping, fixtures, and
equipment which may now or hereafter exist thereon, in a neat, clean, and sanitary condition,
2024 City Of Renton CDBG Program Administration Page 15 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
and shall, except for reasonable wear and tear, at all times preserve the Premises in good and
safe repair.
If, after 30 days’ notice from the County, the Contractor fails to maintain or repair any part of the
Premises or any improvement, landscaping, fixtures, or equipment thereon, the County may, but
shall not be obligated to, enter upon Premises and perform such maintenance or repair and the
Contractor agrees to pay the costs thereof to the County upon receipt of a written demand.
18. Taxes and Licenses
The Contractor shall pay, throughout the term of this Contract, all applicable taxes and all
licenses and excise fees covering the ownership and operations of the Premises.
19. Procedure in the Event of Casualty/Condemnation for Capital Projects
A. In the event that all or any portion of the Premises is taken or conveyed as a result of any
condemnation proceeding or damaged as a result of any casualty, the County and the
Contractor agree that the proceeds of any condemnation or casualty affecting the
Premises shall be made available for the repair or restoration of the real property if the
County and the Contractor in their reasonable judgment agree that:
i. Repair or restoration of the real property is feasible and sufficient funds are available to
complete such work;
ii. After the completion of work, the real property can be feasibly operated within the
restrictions and requirements of the Statement of Work; and
iii. More than two years remain after the completion of the work until the end of this
Contract.
B. The County and the Contractor shall meet as necessary to discuss in good faith the
rebuilding or repair of the real property and reach a decision with respect thereto within 60
days after the occurrence of the casualty or condemnation.
C. If the parties cannot in good faith agree to repair or restore the real property as provided
above, then any proceeds of the casualty or condemnation, within 60 days of demand,
shall be paid first to satisfy the County’s lien. The balance of the proceeds shall be paid to
the Contractor.
20. Maintenance of Records
A. Accounts and Records:
The Contractor shall maintain the following for a period of six years after termination of
this Contract: accounts and records, including personnel, property, financial, and
programmatic records, and other such records the County may deem necessary to
ensure proper accounting and compliance with this Contract.
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B. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 31. below, the Contractor shall maintain the following for
a period of six years after termination of this Contract:
i. Records of employment, employment advertisements, application forms, other 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
ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other
information necessary to document the actual use of and payments to
Subcontractors and suppliers in this Contract, including employment records.
The County may visit the site of the work and the Contractor’s office to review these
records. The Contractor shall provide all help requested by the County during such visits
and make the foregoing records available to the County for inspection and copying. At all
reasonable times, the Contractor shall provide to the County, the state, and/or federal
agencies or officials access to its facilities—including those of any Subcontractor
assigned any portion of this Contract in order to monitor and evaluate the services
provided under this Contract. The County will give reasonable advance notice to the
Contractor in the case of audits to be conducted by the County. The Contractor shall
comply with all record keeping requirements of any applicable federal rules, regulations,
or statutes included or referenced in the Contract documents. If different from the
Contractor’s address listed above, the Contractor shall inform the County in writing of the
location of its books, records, documents, and other evidence for which review is sought,
and shall notify the County in writing of any changes in location within 10 working days of
any such relocation.
C. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period are as follows: (1) Records that are the subject
of audit findings, litigation, or claims shall be retained until such findings, litigation or
claims have been resolved; and (2) The retention period for real property and equipment
records starts from the date of the disposition, replacement or transfer at the direction of
the County.
D. 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 2 CFR 200. These
records shall contain information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlays, and income.
E. Tenant Notification and Relocation Records
If the Contractor is acquiring property with existing tenants, Contractor record keeping for
tenant notification and relocation must comply with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (The “Uniform Relocation Act”), and
regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
2024 City Of Renton CDBG Program Administration Page 17 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
and a separate relocation record for each person, business, organization, and farm
operation displaced or in the relocation workload. must be kept.
F. Acquisition Records
If the Contractor is using funds under this Contract for property acquisition, the Contractor
must maintain a separate acquisition file for each acquisition process documenting
compliance with Uniform Relocation Act regulations at 49 CFR Part 24, including a notice
of voluntary sale.
G. Beneficiary Records
The Contractor 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 the Statement of Work.
H. Labor Standards
If the Contractor is using funds under this Contract for construction work, the Contractor
shall maintain records documenting compliance by all construction contractors with the
labor standards as required under 24 CFR § 570.603 for CDBG funds and 24 CFR §
92.354 for HOME funds.
I. Other Construction Records
The Contractor and all of its subcontractors shall maintain records and information
necessary to document the level of utilization of State certified small, minority, and
women-owned businesses, and other businesses as subcontractors and suppliers under
this Contract. The Contractor shall also maintain all written quotes, bids, estimates, or
proposals submitted by the Contractor and any and all businesses seeking to participate
in this Contract. The Contractor shall make such documents available to the County for
inspection and copying upon request.
J. Employment Records
If the Contractor is a municipal corporation or an Agency of the State of Washington, the
Contractor agrees to maintain the following data for each of the Contractor’s operating
units funded in whole or in part with CDBG funds provided under this Contract:
i. Employment data with such data maintained in the categories prescribed on the
Equal Employment Opportunity Commission’s EEO-4 form; and
ii. Documentation of any actions undertaken to assure equal employment
opportunities to all persons regardless of race, color, national origin, sex, or
handicap.
K. Records Regarding Remedy of Past Discrimination
The Contractor shall maintain documentation of the affirmative action measures the
Contractor has taken to overcome prior discrimination if a court or HUD has found that the
Contractor has previously discriminated against persons on the grounds of race, color,
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national origin, or sex in administering a program or activity funded in whole or in part with
CDBG funds pursuant to 24 CFR Part 121.
L. Record-Keeping Requirements and Site Visits
The Contractor shall maintain, for at least six years after completion of all work under this
Contract, the following:
i. Records of employment, employment advertisements, application forms, and other
pertinent data and records related to the Contract for the purpose of monitoring,
audit, and investigation to determine compliance with any equal opportunity
requirements set forth in any federal regulations, statutes, or rules included or
referenced in the Contract documents; and
ii. Records, including written quotes, bids, estimates, or proposals submitted to the
Contractor by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Contractor’s office to
review the foregoing records. The Contractor shall provide every assistance requested by
the County during such visits. In all other respects, the Contractor shall make the
foregoing records available to the County for inspection and copying upon request. If this
Contract involves Federal Funds, the Contractor shall comply with all record keeping
requirements set forth in any federal rules, regulations, or statutes included or referenced
in the Contract documents.
21. Evaluations and Inspections
A. Subject to Inspection, Review, or Audit:
The records and documents with respect to all matters covered by this Contract shall be
subject at all times to inspection, review, or audit by the County and/or federal/state
officials authorized by law during the performance of this Contract and for six years after
termination hereof, unless a longer retention period is required by law.
B. Medical Records:
If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records statutes, including but not limited to
RCW 70.41.190, RCW 70.02.160, and standard medical records practice. The Contractor
shall also be responsible for the maintenance and disposal of such medical records.
C. Contract Monitoring:
The Contractor and the County shall engage in monitoring visits to assess the
Contractor’s compliance with Contract requirements, quality, and practices. The County
will execute monitoring visits in accordance with the applicable frequency, as prescribed
by the controlling Statement of Work under this Contract. The Contractor shall cooperate
with the County and its agents to assess the Contractor’s performance under this
Contract. At the request of the County, the Contractor shall implement a plan to remedy
any items of noncompliance identified during the monitoring process.
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The results and records of these processes shall be maintained and disclosed in
accordance with RCW Chapter 42.56.
D. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth in
Statement of Work to this Contract. The Contractor shall participate in evaluation activities
as required by the County and shall make available all information required by any such
performance measurement and evaluation processes.
E. Unauthorized Disclosure:
The Contractor shall protect from unauthorized disclosure all information, records, and
data collected in connection with this Contract in accordance with applicable state and
federal law.
22. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Contractor shall not use protected health information created or shared under this Contract
in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant
to its provisions. Contractor shall read and maintain compliance with all HIPAA requirements,
which can be found at https://www.kingcounty.gov/depts/community-human-
services/contracts/requirements.aspx.
23. Financial Report Submission
The Contractor shall submit a financial reporting package as described in Subsections A
through C below. All required documentation shall be submitted by email to
DCHScontractordocs@kingcounty.gov by the stated due date.
A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69 and expends
$750,000 or more in Federal awards during its fiscal year, then the Contractor shall meet
the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to the
County within nine months after the close of the Contractor’s fiscal year.
B. If the Contractor is a local government in the State of Washington and is not subject to the
requirements in Subsection A, the Contractor shall submit audited financial statements
that are in accordance with the Washington State Auditor’s Office requirements. Financial
statement audits are due to the County within 150 days after the close of the Contractor’s
fiscal year end as required by RCW 43.09.230.
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C. If the Contractor is not subject to the requirements in Subsection A or B, the following
apply:
Entity Type Non-Profit For Profit
Gross
Revenue
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Required
Documentation
x Form 990
within 30 days
of its being
filed; and
x A full set of
annual internal
financial
statements
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
x Income tax
return; and
x A full set of
annual internal
financial
statements
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
Due Date Within 30
calendar days
from the forms
being filed.
Within nine
months following
the close of the
Contractor’s fiscal
year.
Within 30
calendar days
from the forms
being filed.
Within nine
months following
the close of the
Contractor’s
fiscal year.
D. Waiver:
A Contractor that is not subject to the requirements in Subsection A may, in extraordinary
circumstances, request, and in the County’s sole discretion, be granted, a one-year
waiver of the audit requirements. Such requests are made to the County at:
DCHSContracts@kingcounty.gov for review. If approved by the County, the Contractor
may substitute for the above requirements other forms of financial reporting or fiscal
representation certified by the Contractor’s Board of Directors, provided the Contractor
meets the following criteria:
i. Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
ii. There has been no turnover in key staff since the beginning of the period for which
the financial reporting was completed.
24. Corrective Action
If the County determines that the Contractor has failed to comply with any terms or conditions of
this Contract, or the Contractor has failed to provide in any manner the work or services (each a
“breach”), and if the County determines that the breach warrants corrective action, the following
procedure will apply:
A. Written Notification:
The County will notify the Contractor in writing of the nature of the breach.
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B. Contractor’s Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within ten working days
of its receipt of such notification unless the County, at its sole discretion, extends in
writing the response time. The plan shall indicate the steps being taken to correct the
specified breach and shall specify the proposed completion date for curing the breach.
This date shall not be more 30 days from the date of the Contractor’s response, unless
the County, at its sole discretion, specifies in writing an extension to complete the
corrective actions.
C. County’s Determination of Corrective Action Plan Sufficiency:
The County will determine the sufficiency of the Contractor’s proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the
County.
D. Termination or Suspension:
If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor’s corrective action plan is determined by the County to be
insufficient, the County may terminate or suspend this Contract in whole or in part
pursuant to Section 26.
E. Withholding Payment:
In addition, the County may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed.
F. Non-Waiver of Rights:
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 26, Subsections B, C, or D.
25. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a good faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to
resolve the dispute under this Section.
26. Termination
A. Termination for Convenience:
This Contract may be terminated by the County without cause, in whole or in part, at any
time during the term specified in Section 2. above, by providing the Contractor 30
calendar days’ advance written notice of the termination. The Contract may be suspended
by the County without cause, in whole or in part, at any time during the term specified in
Section 2. above, by providing the Contractor 30 calendar days’ advance written notice of
the suspension.
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B. Termination for Default:
The County may terminate or suspend this Contract, in whole or in part, upon seven
business days advance written notice if: (1) the Contractor breaches any duty, obligation,
or service required pursuant to this Contract and either (a) the corrective action process
described in Section 24. fails to cure the breach or (b) the County determines that
requiring a corrective action plan is impractical or that the duties, obligations, or services
required herein become impossible, illegal, or not feasible. If the Contract is terminated by
the County pursuant to this Subsection 26.B., the Contractor shall be liable for damages,
including any additional costs of procuring similar services from another source.
If the termination results from acts or omissions of the Contractor, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement, the
Contractor shall return to the County immediately any funds, misappropriated or
unexpended, that have been paid to the Contractor by the County.
C. Termination for Non-Appropriation:
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section 2. Contract Term, the County may, upon seven
business days advance written notice to the Contractor, terminate or suspend this
Contract in whole or in part.
If the Contract is terminated or suspended as provided in this Subsection 26.C.: (1) the
County will be liable only for payment in accordance with the terms of this Contract for
services rendered prior to the effective date of termination or suspension; and (2) the
Contractor shall be released from any obligation to provide such further services pursuant
to the Contract as are affected by the termination or suspension.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council and/or other identified funding
source of sufficient funds to support the activities described in the Contract. If such
appropriation is not approved, this Contract will terminate at the close of the current
appropriation year. The current funding sources associated with this Contract are
specified on page one.
If the Contract is suspended as provided in this Section, the County may provide written
authorization to resume activities.
D. Non-Waiver of Rights:
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by law or equity that either party may have if any of the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
27. Hold Harmless and Indemnification
A. Duties as Independent Contractor:
In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the County for any
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purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract.
The Contractor shall protect, indemnify, defend, and save harmless the County, its
officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Contractor’s failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of
work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Contract.
B. Contractor’s Duty to Repay County:
The Contractor is financially responsible for and shall repay the County all indicated
amounts following an audit exception which occurs due to the negligence, intentional act,
and/or failure, for any reason, to comply with the terms of this Contract, by the Contractor,
its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the termination of the Contract.
C. Contractor Indemnifies County:
To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify,
and save harmless the County, its officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages, arising out of, or in any way resulting from,
the negligent acts or omissions of the Contractor, its officers, employees, subcontractors
and/or agents, in its performance or non-performance of its obligations under this
Contract. The Contractor’s obligations under this Subsection 27.C. shall 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 Contractor, by mutual negotiation, hereby waives, as
respects the County only, any immunity that would otherwise be available against such
claims under any industrial insurance act, including Title 51 RCW, other Workers’
Compensation act, disability benefit act, or other employee benefit act of any jurisdiction
which would otherwise be applicable in the case of such claim. If the County incurs any
judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to
enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Contractor.
D. County Indemnifies Contractor:
To the maximum extent permitted by law, the County shall protect, defend, indemnify, and
save harmless the Contractor, 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 County, its officers, employees, and/or agents, in its
performance and/or non-performance of its obligations under this Contract. The County’s
obligations under this Subsection 27.D. 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
County, by mutual negotiation, hereby waives, as respects the Contractor only, any
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immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment,
award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the
County.
E. Intellectual Property Infringement:
For purposes of this Subsection 27.E., claims shall include, but not be limited to,
assertions that use or transfer of software, book, document, report, film, tape, or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of
any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade
practice.
The indemnification, protection, defense, and save harmless obligations contained herein
shall survive the expiration, abandonment, or termination of this Contract.
28. Insurance Requirements
The Contractor shall provide evidence of the insurance required under this Contract, including a
Certificate of Insurance and endorsements covering King County as additional insured for full
coverage and policy limits within 30 calendar days of Contract execution. Evidence of insurance
and endorsements shall be submitted by email to DCHSContracts@kingcounty.gov. The
Contractor may request additional time to provide the required documents by emailing
DCHSContracts@kingcounty.gov. Extensions will be granted at the sole discretion of the
County. All evidence of insurance shall be signed by a properly authorized officer, agent,
general agent, or qualified representative of the insurer(s); shall certify the name of the
insured(s), the type and amount of insurance, the inception and expiration dates, and contract
number; and shall state that the County shall receive notice at least thirty (30) days prior to the
effective date of any cancellation, lapse, or material change in the policy. Similar documentation
confirming renewal of required insurance shall be provided on each insurance renewal date.
In the event of a loss, the County reserves the right to require complete, certified copies of all
required insurance policies, including endorsements and riders, which may be redacted of any
confidential or proprietary information. Contractor shall deliver such policies to the County within
five (5) business days of County’s request.
The County’s receipt or acceptance of Contractor’s evidence of insurance at any time without
comment or objection, or the County’s failure to request certified copies of such insurance, does
not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Section
or, consequently, constitute the County’s acceptance of the adequacy of Contractor’s
insurance.
Unless otherwise provided in a Statement of Work to this Contract, the Contractor shall
purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By
requiring such minimum insurance, the County does not and shall not be deemed or construed
to have assessed the risks that may be applicable to Contractor, or any Subcontractor, under
this Contract, or in any way limit the County’s potential recovery to insurance limits required
hereunder. To the contrary, this Contract’s insurance requirements may not in any way be
construed as limiting any potential liability to the County or the County’s potential recovery for
Contractor. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain greater limits and/or broader coverage.
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Nothing contained within these insurance requirements shall be deemed to limit the scope,
application, and/or limits of the coverage afforded, which coverage shall apply to each insured
to the full extent provided by the terms and conditions of the policy(-ies).
Each insurance policy shall be written on an “occurrence” basis/form; excepting insurance for
Professional Liability (Errors and Omissions) and/or Cyber Liability (Technology Errors and
Omissions) required by this Contract is acceptable on a “claims made” basis/form. If coverage
is approved and purchased on a “claims made” basis/form, the coverage provided under that
insurance shall be maintained through: (1) consecutive policy renewals for not less than three
(3) years from the date of the work which is subject to this Contractor or, if such renewals are
unavailable, (2) the purchase of a tail/extended reporting period for not less than three (3) years
from the date of completion of the work which is subject of this Contract. All insurance written
on a “claims made” basis/form must have its policy inception or retroactive date be no later
than the effective date of the Contract, unless otherwise approved in writing by the County’s
Risk Management Office.
A. Minimum Scope and Limits of Insurance
The Contractor shall maintain the following types of insurance and minimum insurance
limits:
i. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury and property damage.
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01 current edition, or its substantive equivalent. Such insurance shall include
coverage for, but not limited to premises liability, products and completed
operations, ongoing operations, and contractual liability. Limits may be satisfied by
a single primary limit or by a combination of separate primary and umbrella or
excess liability policies, provided that coverage under the latter shall be at least as
broad as that afforded under the primary policy and satisfy all other requirements
applicable to liability insurance including but not limited to additional insured status
for the County with the use of an umbrella or excess liability policy, which is at least
as broad as the underlying policy. If the scope of services involves activities with
minors, such policy shall include sexual assault and misconduct coverage.
ii. Professional Liability (Errors and Omissions): $1,000,000 per claim and in the
aggregate. 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 professional standards of care.
iii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage. In the event that services delivered pursuant to this Contract
involve the transportation of clients by Contractor personnel in Contractor-owned
vehicles or non-owned vehicles, the limit shall be no less than $3,000,000
combined single limit per accident for bodily injury and property damage. 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.
Limits may be satisfied by a single primary limit or by a combination of separate
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy.
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iv. Workers Compensation: Statutory requirements of the state of residency.
v. Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence and shall
be at least as broad as the protection provided by the Workers Compensation
policy Part 2 (Employers Liability), or, in monopolistic states, the protection provided
by the “Stop Gap” endorsement to the Commercial General Liability policy.
vi. Cyber Liability (Technology Errors and Omissions): For contracts involving software
or technology where data breach or exposure to personal and/or confidential
information could impact the Contractor or County, the Contractor shall provide
Cyber Liability (Technology Errors and Omissions) coverage with a limit no less
than $1,000,000 per claim or occurrence and in the aggregate. Coverage shall
include loss resulting from data security/privacy breach, or other unauthorized
access or related violations including identity fraud and privacy law violations;
denial of service attacks; introduction of virus and malicious code; extortion;
dissemination or destruction of electronic data; business interruption; privacy law
violations; disclosure of non-public, personal or confidential information; identity
fraud; loss of income due to system crashes; breach of contract; and acts by rogue
employees. Coverage shall include notification and other expenses incurred in
remedying a privacy breach as well as costs to investigate and restore data.
vii. Crime Insurance: Contractors handling County funds or assets (i.e. Contractors
providing rental assistance or distributing gift cards on behalf of the County) shall
maintain Crime Insurance with limits to cover the maximum amount of risk at any
one time; or a total of one year’s receipts or similar measure of exposure. Coverage
for Fidelity, Theft, Disappearance, Destruction Liability, and Employee Dishonesty
shall be included. Coverage shall include ‘Joint Loss Payable’ ISO form CR 20 15
10/10 or equivalent; and ‘Provide Required Notice of Cancellation to Another Entity’
ISO form CR 20 17 10/10.
viii. Property Insurance: Insurance Services Office form number (CP 00 10), or its
substantive equivalent, covering BUILDING AND PERSONAL PROPERTY
COVERAGE and Insurance Services Office form number (CP 10 30) CAUSES OF
LOSS – SPECIAL FORM or project appropriate equivalent.
1. The County shall be added to all Property Coverage Policies as a named
insured as its interests may appear.
2. The County shall be added as a Named Insured as its interests may appear
to all Builders Risk policies.
ix. National Flood Insurance: The use of CDBG and HOME funds for acquisition or
construction purposes in identified special flood hazard areas shall be subject to the
Contractor’s mandatory purchase of flood insurance as required by Section 102(a)
of the Flood Disaster Protection Act of 1973 (Pub L. 93-237).
x. Builder's Risk/Installation Floater: The Contractor shall procure and maintain during
the life of the Contract, or until acceptance of the project by King County, whichever
is longer, “All Risk” Builders Risk Insurance at least as broad as ISO form number
CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of
Loss—Special Form) including coverage for collapse, theft, and property in transit.
The coverage shall insure for direct physical loss to property of the entire
construction project, for 100 percent of the replacement value thereof and include
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coverage for flood, Earth Movement (including earthquake), and owner-furnished
equipment, as applicable. The policy shall be endorsed to cover the interests, as
they may appear, of King County, the Owner, the Contractor, and subcontractors of
all tiers with King County listed as a named insured.
xi. Contractor’s Pollution Liability: For work involving the introduction, potential release,
or exacerbation of hazardous materials or pollutants, the Contractor shall provide
Contractor’s Pollution Liability coverage in the amount of $1,000,000 per
occurrence or claim and in the annual aggregate to cover sudden and non-sudden
bodily injury and/or property damage to include the destruction of tangible property,
loss of use, cleanup costs, and the loss of use of tangible property that has not
been physically injured or destroyed. Coverage shall include non-owned disposal
sites. If asbestos, lead, or PCB’s are a potential exposure, such insurance shall not
exclude pollution arising out of Asbestos, Lead, and/or PCB operations. Evidence of
Insurance must specifically state that coverage is included.
xii. Depending on the Contractor’s scope of work, other insurance types or limits may
apply to this Contract. Specific coverage and limit requirements can be found by
visiting Insurance Requirements - King County.
xiii. Municipal or State Agencies: If the Contractor is a Municipal Corporation, an
agency of the State of Washington, or any other Public Agency and is self-insured
for any of the above insurance requirements, a letter of self-insurance shall be
attached and be incorporated by reference and shall constitute compliance with all
or a portion of this Section.
B. Other Insurance Provisions and Requirements
All insurance policies purchased and maintained by the Contractor required in this
Contract shall contain, or be endorsed to contain the following provisions:
With respect to all liability policies except Professional Liability (Errors and Omissions),
and Workers’ Compensation:
i. The County, its officials, employees, and agents shall be covered as additional
insured for full coverage and policy limits as respects liability arising out of activities
performed by or on behalf of the Contractor, its agents, representatives, employees,
or Subcontractor(s) in connection with this Contract. Additional Insured status shall
include products-completed operations CG 20 10 11/85 or its substantive
equivalent. The County requires a copy of the additional insured endorsement(s).
With respect to all liability policies (except Workers’ Compensation):
i. Coverage shall be primary insurance as respects the County, its officials,
employees, and agents. Any insurance and/or self-insurance maintained by the
County, its officials, employees, or agents shall not contribute with any
Contractor’s or Subcontractor’s insurance or benefit the Contractor or any
Subcontractor, or their respective insurers in any way.
ii. Insurance shall expressly state that it applies separately to each insured and
additional insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of insurer’s liability.
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C. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured retention of
the policies shall not apply to the Contractor’s liability to the County and shall be the sole
responsibility of the Contractor or its Subcontractor.
D. Acceptability of Insurers: Insurance coverage is to be placed with insurers with an A.M.
Best rating of no less than A:VIII, or, if not rated with an A.M. Best, with minimum surplus
equivalent of an A.M. Bests' surplus size VIII.
Professional Liability (Errors and Omissions) insurance coverage may be placed with
insurers with an A.M. Bests' rating of B+:VII. Any exception must be approved by the
County.
If at any time any of the foregoing policies fail to meet minimum requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with the appropriate certificates and
endorsements, for approval.
E. Subcontractors: the Contractor shall include all Subcontractors as insureds under its
policies or, alternatively, the Contractor must require each of its Subcontractors to procure
and maintain appropriate and reasonable insurance coverage and insurance limits to
cover each of the Subcontractor’s liabilities given the Subcontractor’s scope of work and
the services being provided herein. To the extent reasonably commercially available,
insurance maintained by any Subcontractor must comply with the specified requirements
of Section 30 (inclusive) below, including the requirement that all liability insurance
policies (except Professional Liability and Workers Compensation) provided by the
Subcontractor(s) must include County, its officials, agents and employees as additional
insured for full coverage and policy limits. The Contractor is obligated to require and verify
that each Subcontractor maintains the required insurance and ensure the County is
included as additional insured. Upon request by the County, and within five (5) business
days, the Contractor must provide evidence of each Subcontractor(s) insurance coverage,
including endorsements.
F. Waiver: The Contractor may request a waiver or reduction of one or more of the
insurance requirements if the insurance requirement is not applicable to the Contractor’s
scope of work. Such requests shall be made to the County at:
DCHSContracts@kingcounty.gov for review. All waiver request approvals or denials are
in the County’s sole discretion to be granted. If approved by the County, the Contractor
shall still provide proof of and hold all other required provisions as stated above.
29. Assignment
The Contractor shall not assign any interest, obligation, or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the County. If assignment is approved, this Contract shall be binding upon and inure
to the benefit of the successors of the assigning party upon the written agreement by assignee
to assume and be responsible for the obligations and liabilities of the Contract, known and
unknown, and applicable law.
30. Subcontracting
A. Written Consent of the County:
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The Contractor shall not subcontract any portion of this Contract or transfer or assign any
claim arising pursuant to this Contract without the written consent of the County. The
County’s consent must be sought in writing by the Contractor not less than 15 days prior
to the date of any proposed subcontract.
The rejection or approval by the County of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the Contract,
nor be the basis for additional charges to the County.
In no event will the existence of the subcontract operate to release or reduce the liability
of the Contractor to the County for any breach in the performance of Contractor’s duties.
The County has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. The Contractor is fully responsible for all contractual obligations,
financial or otherwise, to its Subcontractors.
B. “Subcontract” Defined:
“Subcontract” shall mean any agreement between the Contractor and a Subcontractor or
between Subcontractors that is based on this Contract, provided that the term
“subcontract” does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts:
The Contractor shall include Section 5, 6, 20, 21, 22, 24, 29, 30, 31, 32, 33, 34, 35, 36,
42, 43, and 44 in every subcontract or purchase agreement for services that relate to the
subject matter of this Contract.
D. Required Language for Subcontracts:
The Contractor shall include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract:
“The Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
elected and appointed officials, officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages arising out of, or in any way resulting from
the negligent act or omissions of the Subcontractor, its officers, employees, and/or agents
in connection with or in support of this Contract. The Subcontractor expressly agrees and
understands that King County is a third-party beneficiary to its Contract with the
Contractor and shall have the right to bring an action against the Subcontractor to enforce
the provisions of this paragraph.”
31. Nondiscrimination and Payment of a Living Wage
A. The Contractor shall comply fully with all applicable federal, state, and local laws,
ordinances, Presidential Executive Orders, and regulations that prohibit discrimination to
the extent applicable including those set forth in this Section.
B. Nondiscrimination:
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During the performance of this Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee’s or applicant's sex,
race, color, marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression, or age except by minimum age and retirement provisions,
unless based upon a bona fide occupational qualification. The Contractor will make equal
employment opportunity efforts to ensure that applicants and employees are treated
equitably, without regard to their sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by
minimum age and retirement provisions, status as a family caregiver, military status or
status as a veteran who was honorably discharged or who was discharged solely as a
result of the person’s sexual orientation or gender identity or expression. The Contractor
shall additionally read and comply with all additional requirements set forth at:
https://www.kingcounty.gov/depts/community-human-
services/contracts/requirements.aspx.
C. Payment of a Living Wage:
In accordance with King County Living Wage Ordinance 17909, for contracts for services
with an initial or amended value of $100,000 or more, the Contractor shall pay, and
require all Subcontractors to pay, a living wage to employees for each hour the employee
performs a measurable amount of work on this Contract. The requirements of the
ordinance, including payment schedules, are detailed at
https://www.kingcounty.gov/depts/finance-business-operations/procurement/about-
us/Living-Wage.aspx.
Violations of this requirement may result in disqualification of the Contractor from bidding
on or being awarded a County contract for up to two years; contractual remedies
including, but not limited to, liquidated damages and/or termination of this Contract;
remedial action as set forth in public rule; and other civil remedies and sanctions allowed
by law.
D. Equity and Social Justice
i. Accessibility: The Contractor shall evaluate and modify (as warranted) the way in
which it provides services, so that services are accessible (language, location,
delivery style, facility environment, etc.) to populations whose modes of
engagement are different than the majority population.
ii. Commitment: The Contractor shall conduct self-assessments, including obtaining
input from culturally diverse populations (both client and non-client) and key
stakeholders and uses this feedback in policy making, contract administration, and
service delivery. The Contractor shall also create opportunities/ensure that its
workforce engages in ongoing education regarding culturally and linguistically
appropriate policies and practices.
E. Nondiscrimination in Employment Provision of Services
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this
Contract, neither the Contractor nor any party subcontracting under the authority of this
Contract shall discriminate or tolerate harassment on the basis of sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity or
expression, or age except by minimum age and retirement provisions, unless based upon
a bona fide occupational qualification.
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F. Nondiscrimination in Subcontracting Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this Contract,
the Contractor shall not create barriers to open and fair opportunities to participate in
County contracts or to obtain or compete for contracts and subcontracts as sources of
supplies, equipment, construction, and services. In considering offers from and doing
business with subcontractors and suppliers, the Contractor shall not discriminate against
any person because of their sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, or age except by
minimum age and retirement provisions, unless based upon a bona fide occupational
qualification.
G. Compliance with Laws and Regulations
These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the
Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of
1987. In addition, KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by
reference and the requirements in these code chapters shall specifically apply to this
Contract, to the full extent applicable. The Contractor shall further comply fully with any
equal opportunity requirements set forth in any federal regulations, statutes, or rules
included or referenced in the contract documents.
H. Small Contractors and Suppliers and Minority and Women Business Enterprises
Opportunities
King County encourages the Contractor to utilize small businesses, including Small
Contractors and Suppliers (SCS), as defined below, and minority-owned and women-
owned business enterprises certified by the Washington state Office of Minority and
Women's Business Enterprises (OMWBE) in County contracts.
The term “Small Contractors and Suppliers” (SCS) means that a business and the person
or persons who own and control it are in a financial condition which puts the business at a
substantial disadvantage in attempting to compete for public contracts. The relevant
financial condition for eligibility under the Program is set at fifty percent of the Federal
Small Business Administration (SBA) small business size standards using the North
American Industry Classification System and Owners’ Personal Net Worth less than
$750,000 dollars.
The County encourages the Contractor to use the following voluntary practices to
promote open competitive opportunities for small businesses, including SCS firms and
minority-owned and women-owned business enterprises.
i. Inquire about King County’s Contracting Opportunities Program. King County has
established a Contracting Opportunities Program to maximize the participation of
SCS in the award of King County contracts. The Contracting Opportunities Program
is open to all SCS firms certified by King County Business Development and
Contract Compliance (BDCC). As determined by BDCC and identified in the
solicitation documents issued by the County, the Contracting Opportunities
Program will apply to specific contracts. However, for those contracts not subject to
the Contracting Opportunities Program or for which the Contractor elected not to
participate in the Contracting Opportunities Program during the solicitation stage,
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the Contractor is still encouraged to inquire voluntarily about available firms.
Contracting Opportunities Program materials, including application forms and a
directory of certified SCS firms, are available on King County’s Website:
http://www.kingcounty.gov/bdcc.
ii. Contact the OMWBE to obtain a list of certified minority-owned and women-owned
business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by toll
free telephone (866) 208-1064.
iii. Use the services of available community organizations, consultant groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including SCS firms and
minority-owned and women-owned business enterprises.
I. Equal Employment Opportunity Efforts
The Contractor shall undertake equal employment opportunity efforts to ensure that
applicants and employees are treated fairly, without regard to their sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression, or age. The Contractor's equal employment opportunity efforts
shall include, but not be limited to, the following; employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeships. The
Contractor shall post, in conspicuous places available to employees and applicants for
employment, notices setting forth this nondiscrimination clause. In accordance with KCC
12.16.010.j. “equal employment opportunity efforts” shall mean active efforts to ensure
equal opportunity in employment that is free from all forms of discrimination.
J. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section 504)
and the American Disabilities Act of 1990 as amended (ADA)
i. Pursuant to Title II of the ADA and Section 504 the County must not discriminate
against people with disabilities in providing services, programs or activities even if
those services, programs or activities are carried out by contractors. The Contractor
agrees that it shall provide all programs, services, and activities to County
employees or members of the public under this Contract in the same manner as
King County is obligated to under Title II of the ADA and Section 504 and shall not
deny participation or the benefits of such services, programs, or activities to people
with disabilities on the basis of such disability. Failure to comply with this section
shall be a material breach of, and grounds for, the immediate termination of this
Contract.
ii. The Contractor agrees to provide to persons with disabilities access to programs,
activities, and services provided under this Contract or agreement, as required by
the disability access laws as defined by KCC 12.16; and
iii. The Contractor shall not discriminate against persons with disabilities in providing
the work under this Contract. In any subcontracts for the programs, activities, and
services under this Contract or agreement, the Contractor shall include the
requirement that the subcontractor provide to persons with disabilities access to
programs, activities, and services provided under this Contractor or agreement as
required by the disability access laws as defined by KCC 12.16, that the
subcontractor shall not discriminate against persons with disabilities in providing the
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work under this Contract, and that the subcontractor shall provide that the County is
a third party beneficiary to that required provision.
K. 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 Contractor may be subject to damages,
withholding payment, and any other sanctions provided for by this Contract and by
applicable law.
L. Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to
prevent discrimination in any housing-related project under this Contract, which includes
rental housing projects and/or projects that include residential real estate-related
transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601)
and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential
real estate-related transactions include the making or purchasing of loans or the provision
of financial assistance secured by real estate, or the making or purchasing of loans or
financial assistance for the purchasing, constructing, improving, repairing or maintaining
of a dwelling. Rental housing includes any dwelling that is intended for occupancy as a
residence for one or more families by lease, sublease, or by grant for a consideration of
the right to occupy Premises not owned by the occupant. In addition, except for projects
located in incorporated jurisdictions, the Contractor shall comply with the applicable
provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the
KCC, which prohibits practices of housing discrimination against any person on the basis
of age, ancestry, color, disability, marital status, national origin, parental status,
possession of Section 8 housing assistance, race, religion, retaliation, sex, and sexual
orientation.
M. The Contractor shall comply with all applicable federal laws prohibiting discrimination,
including the following:
i. Presidential Executive Order 11063 as amended and implementing regulations at
24 CFR Part 107;
ii. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
iii. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and
225); and
iv. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.
N. Prohibited Discriminatory Actions
i. Except where expressly authorized by federal law, the Contractor may not, under
any program or activity to which this Contract applies, 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:
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1. Denying any person access to facilities, services, financial aid, or other
benefits provided under the program or activity;
2. Denying any person services due to limited English proficiency;
3. 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;
4. 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;
5. 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;
6. 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;
7. Denying any person any opportunity to participate in a program or activity as
an employee; and
8. Failing to design and construct facilities for first occupancy after January 26,
1993 that are readily accessible to and usable by individuals with disabilities
and failure to remove architectural and communication barriers that are
structural in nature in existing facilities, where such removal can be
accomplished without difficulty and expense.
ii. The Contractor shall not utilize criteria or methods of administration that 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.
iii. The Contractor, 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.
O. Employment Projections
In all solicitations under this Contract, the Contractor shall state that all qualified
applicants will be considered for employment. The words “equal opportunity employer” in
advertisements shall constitute compliance with this section.
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P. 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
USC 2000e-1(a), is not forfeited when the organization receives HUD funding. Faith-
based organizations, like any other entity participating in a HUD-funded program, must,
however, comply with all the statutory requirements of that particular HUD-funded
program. Both the CDBG and HOME Programs contain statutory provisions imposing
non-discrimination requirements on all subrecipients, 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 USC4000bb-3, 4000bb-2(1)] which applies to all federal law and its
implementation. Subrecipients, subgrantees, or contractors should be aware that anti-
discrimination provisions of Section 109 of the Housing and Community Development Act
of 1974 or 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.
32. Code of Conduct
DCHS is committed to providing an inclusive, welcoming, supportive, and safe environment for
all to feel respected, valued, and empowered. The Contractor shall, while performing the work
as described in the attached Statement of Work, interact with the community being served and
the County’s employees in a respectful manner.
The County and Contractor shall refrain from engaging in any conduct that communicates a
hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or
nonverbal and includes, but is not limited to microaggressions, deliberate misgendering, slights,
and other conduct that could cause harm. This Contract may be subject to termination under
Subsection 26.B. as a result of any violation of this Section by providing the other party 30
calendar days advance written notice of the termination.
33. Conflict of Interest
Entering into this Contract with the County requires that the The Contractor agree to abide by
certain provisions of the King County Employee Code of Ethics, including those relating to
conflicts of interest and the employment of current or former County employees.
A. Compliance with King County Code of Ethics:
The Contractor shall comply with applicable provisions of KCC 3.04. Failure to comply
with such requirements shall be a material breach of this Contract and may result in
termination of this Contract and subject the Contractor to the remedies stated in this
Contract, or otherwise available to the County at law or in equity.
B. Penalties:
The Contractor acknowledges and agrees, pursuant to KCC 3.04.060, that it will not
willfully attempt to secure preferential treatment in its dealings with the County by offering
any valuable consideration, thing of value or gift, whether in the form of services, loan,
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thing, or promise, in any form to any County official or employee. The Contractor
acknowledges that if it is found to have violated the prohibition found in this paragraph, it’s
the Contractor’s current contracts with the County will be cancelled and the Contractor
shall not be able to bid on any County contract for a period of two years.
C. Former King County Employees:
The Contractor acknowledges that, for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. The Contractor shall identify,
at the time of offer, current or former County employees involved in the preparation of
proposals or the anticipated performance of work if awarded the Contract. Failure to
identify current or former County employees involved in this transaction may result in the
County’s denying or terminating this Contract. After Contract award, the Contractor is
responsible for notifying the County’s Project Manager of current or former County
employees who may become involved in this Contract at any time during the term of this
Contract.
34. Equipment Purchase, Maintenance, and Ownership
A. Equipment Maintenance:
The Contractor agrees that when Contract funds are used to pay for all or part of the
purchase costs of any equipment that costs $5,000 or more per item, and the purchase of
such equipment is identified in the Statement of Work to this Contract, such equipment is,
upon the purchase or receipt, the property of the County and/or federal/state government.
The Contractor shall be responsible for all proper care and maintenance of the
equipment, including securing and insuring such equipment.
B. Equipment Ownership:
The Contractor shall ensure that all such equipment is returned to the County or
federal/state government upon termination of this Contract unless otherwise agreed upon
by the parties.
C. Right of Access
The Contractor shall admit the County’s Property Management Officer to the Contractor’s
premises for the purpose of marking such property with appropriate government property
tags.
D. Continue Ownership Rights
The Contractor and County shall mutually agree to sign all documents and perform other
acts necessary to secure, maintain, renew, or restore the rights granted to the County as
set forth in this Section.
E. Maintenance of Records
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The Contractor shall establish and maintain inventory records and transaction documents,
including, but not limited to purchase requisitions, packing slips, invoices, and/or receipts,
of equipment purchased with Contract identified funds.
F. Disposition of Equipment
Projects using Federal Funds shall also comply with the following requirement: if the
Contractor ceases to use equipment purchased in whole or in part with CDBG funds for the
purpose described in this Contract, or if the Contractor wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR § 570 and
2 CFR § 200.313. The Contractor agrees that it will contact the County for instructions prior
to disposing of, surplusing, encumbering, or transferring ownership of any equipment
purchased in whole or in part with Federal Funds.
35. Proprietary Rights
A. Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in the Statement of Work, the parties to this
Contract hereby 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 County. To the extent that any rights in such materials vest
initially with the Contractor by operation of law or for any other reason, the Contractor
hereby perpetually and irrevocably assign, transfer, and quitclaim such rights to the
County. The County agrees to and does hereby grant to the Contractor a perpetual,
irrevocable, nonexclusive, and royalty-free license to use and create derivative works,
according to law, any material or article and use any method that may be developed as
part of the work under this Contract.
B. Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby grant
to the County a perpetual, irrevocable, nonexclusive, and royalty-free license to use and
create derivative works, according to law, any pre-existing material or article and use any
method that may be delivered as part of the work under this Contract.
C. Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the County deems
necessary to secure, maintain, renew, or restore the rights granted to the County as set
forth in this Section.
36. Political Activity Prohibited
A. No Partisan Activity
None of the funds, materials, property, or services provided directly or indirectly under
this Contract shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
B. Certification Regarding Lobbying
2024 City Of Renton CDBG Program Administration Page 38 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
All Projects using Federal Funds shall also comply with the following:
i. The Contractor 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 Contractor, 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 Contractor, 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 Contractor
shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
ii. The Contractor shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
iii. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 USC 1352.
Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
37. King County Recycled Product Procurement Policy
If paper copies are required, in accordance with KCC 18.20, the Contractor shall use recycled
paper, and both sides of sheets of paper whenever practicable, when submitting proposals,
reports, and invoices.
38. Future Support
The County makes no commitment to support contracted services and assumes no obligation
for future support of the contracted activity(-ies), except as expressly set forth in this Contract.
39. Entire Contract
The parties agree that this Contract is the complete expression of the described subject matter,
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 this Contract.
40. Contract Amendments
2024 City Of Renton CDBG Program Administration Page 39 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
Either party may request changes to this Contract. Proposed changes that are mutually agreed
upon shall be incorporated only by written amendments to this Contract.
41. Notices
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party’s contact representative indicated within the Contract
Statement of Work. Any time within which a party must take some action shall be computed
from the date that any associated required notice is received by that party.
42. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any Subcontractor agree to abide by the laws of the State of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract, all of
which are incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any Statement of
Work or attachment to this Contract, the language in the Contract shall control over the
language contained in the Statement of Work or the attachment, unless the Statement of Work
provision expressly indicates that it controls over inconsistent contract language. If there is
conflict among requirements set forth in Statements of Work, language contained in the lower
numbered Statement of Work shall control unless the higher numbered Statement of Work
provision expressly indicates that it controls over inconsistent lower numbered Statement of
Work language.
43. Applicable Law
This Contract shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
44. No Third-Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contract, there are no third-party beneficiaries to this Contract, and this Contract shall not
impart any rights enforceable by any person or entity that is not a party hereto.
45. Non-Waiver of Breach
Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action
or failure to act by the County shall constitute a waiver of any right or duty afforded to the
County under the Contract; nor shall any such action or failure to act by the County modify the
terms of this Contract or constitute an approval of, or acquiescence in, any breach hereunder,
except as may be specifically stated by the County in writing.
46. Force Majeure
“Force Majeure” means an event or events beyond the parties’ reasonable control, incurred not
as a product or result of the negligence of the afflicted party, and which have a materially
adverse effect on the ability of such party to perform its obligations as detailed in this Contract.
Force Majeure events may include but are not limited to: Acts of God or Nature; war; civil,
2024 City Of Renton CDBG Program Administration Page 40 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood, or
other casualty; labor difficulties, shortages of labor or materials or equipment; government
regulations; delay by government or regulatory agencies; shutdowns for purpose of emergency
repairs; and/or unusually severe weather.
A. No Breach if Force Majeure Applies:
Neither party shall be considered in breach of this Contract to the extent that performance
of their respective obligations is prevented by a Force Majeure event upon giving notice
and reasonably full particulars to the other party.
B. Duty to Minimize Disruption and Give Notice:
Parties maintain an express duty to minimize the disruption caused by Force Majeure,
and shall, as soon as reasonably practicable, give notice to the other party of the nature
and impact of the Force Majeure. Irrespective of any extension of time, if the effect of an
event or series of events continues for a period of 180 days, either the County or the
Contractor may give to the other a notice of suspension or termination.
C. Extension of Time:
Should Force Majeure events delay the Contractor’s completion of the deliverables and
performance commitments, the Contractor may be entitled to an extension for the time for
completion. Any extension must be approved in writing by the County.
D. Suspending Performance:
Should a Force Majeure event prevent the Contractor from completing deliverables or
performing commitments in this Contract, the completion or performance shall be
suspended only for the time and to the extent commercially practicable to restore normal
operations. Further, the Contractor and the County shall endeavor to continue to perform
their contractual obligations to the extent reasonably practicable and will work to adjust
deliverables or performance commitments as needed to continue the provision of services
during the Force Majeure event. The Contractor may be reimbursed for any costs incurred
mitigating adverse impacts of the Force Majeure and may be compensated for any partial
work that has been completed.
47. Emergency Response Requirements
Within three months of the execution of this Contract, the Contractor shall prepare and make
available to the County upon request, the necessary plans, procedures, and protocols to:
A. Respond to and recover from a natural disaster or major disruption to Contractor operations
such as a work stoppage.
B. Continue operations during a prolonged event such as a pandemic.
If the Contractor does not have any such plan as of the start of this Contract, the Contractor
may request (1) an extension of the time needed to create a plan, and (2) assistance from
the County in preparing such a plan.
2024 City Of Renton CDBG Program Administration Page 41 of 41 Contract – 6484042 01/01/2024 — 12/31/2024
At a minimum, any plans, procedures, or protocols described in this Section must include
how the Contractor plans to continue to provide the services described in or funded by this
Contract.
48. Contractor Certification
By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and
conditions provided herein, it has read and understands the contracting requirements on the
DCHS website at https://www.kingcounty.gov/depts/community-human-
services/contracts/requirements.aspx and shall comply with all of the contract terms and
conditions detailed on that site, including, but not limited to, Equity and Social Justice,
applicable Emergency Response, Equal Opportunity Employment (EEO)/Nondiscrimination,
HIPAA, Insurance, and Credentialing requirements.
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY
CITY OF RENTON
$docusign:SignHere::InternalSigner1 $docusign:SignHere::Customer1
FOR King County Executive
$docusign:FullName::InternalSigner1
Mayor Armondo Pavone
$docusign:FullName::Customer1
Date
$docusign:DateSigned::InternalSigner1
Date
Jason A. Seth Date
City Clerk [Attests to Mayor’s signature]
$docusign:FullName::Customer1
M. Patrice Kent Date
Senior Assistant City Attorney [Approved
as to Legal Form]
$docusign:DateSigned::Customer1
Lori Fleming Date
Human Services Coordinator [Reviews]
Cynthia Moya Date
City Clerk Specialist [Initials]
City of Renton Page 1 of 5 2024 Contract 6484042 - SOW
STATEMENT OF WORK
CITY OF RENTON
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION (C24251)
Contract No.: 6484042 Project No.: C24251
King County Project Manager: David Mecklenburg City Contact Person: Lori Fleming
Period of Performance Start Date: January 1, 2024 Telephone: 425-430-6655
End Date: December 31, 2024 Email: lfleming@rentonwa.gov
I. WORK STATEMENT
The Joint Agreement City of Renton (hereinafter referred to as "the Contractor") shall utilize King
County Community Development Block Grant (CDBG) funds to perform the activities specified
below. Such activities shall be provided in a manner fully compliant with all applicable federal,
state and local laws, statutes, rules, and regulations, as are now in effect or hereafter may be
amended. The Contractor shall be compensated for the provision of such activities in an amount
not to exceed ten percent of the Contractor’s share of the King County Consortium entitlement or
$66,127 in CDBG funds during the period of performance beginning January 1, 2024 through
December 31, 2024.
II. PROGRAM DESCRIPTION
The Contractor shall undertake, or assist in undertaking, activities which further the development
of viable urban communities, including the provision of decent housing and a suitable living
environment and expanding economic opportunities, principally for persons of low- and-
moderate income, through community renewal and lower income housing assistance activities,
funded from CDBG funds.
A. Program Requirements
The Contractor shall use CDBG funds to plan and administer CDBG projects in
accordance with the CDBG Consortium Joint Agreement. The Contractor shall perform
the following:
1. The Contractor shall participate in the development of the Consolidated Housing
and Community Development Plan (“Consolidated Plan”) and related plans.
2. The Contractor shall bear all responsibility for local annual program planning,
using financial projections that shall be provided by the County. The Contractor
shall ensure that:
a. All selected projects are an eligible activity, meet a national objective, and
are consistent with the Consolidated Plan and all applicable Joint
Recommendations Committee (JRC) policies.
b. Project applications shall be accompanied by records required to document
compliance with CDBG Program Regulations and Consolidated Plan
policies applicable to each project. Such records include, but are not limited
to, those required by 24 Code of Federal Regulations (CFR) Part 570.208
to document the national objective for each project. These records shall be
submitted to the County by October 18 of every year.
c. The Department of Housing and Urban Development (HUD) public
participation requirements are met and documented and
certification of such shall be provided to the County.
City of Renton Page 2 of 5 2024 Contract 6484042 - SOW
d. All requested information by the County shall be submitted in a timely
manner that allows the County enough time to meet the HUD
timelines.
e. Changes to the local program that require the County to submit an
amendment to the King County Consortium Annual Action Plan
after it has been submitted to HUD shall only be accepted in
September.
f. Budget amendments received by the fifth day of the month shall be
effective on the first day of the next month.
g. The Contractor shall ensure the County receives all required security
documents related to funded capital project activities (this includes
non-profit agencies which have been awarded funds) prior to the
execution of a contract between the awarded agency and the County in
order to incorporate said documents into the contractual agreement.
3. The Contractor shall meet the requirements set forth in Section 31.D. of the attached
Standard Terms and Conditions, “Equity and Social Justice” (ESJ) through
completing one or more of the following ESJ activities:
a. Perform culturally and linguistically appropriate outreach efforts that create
opportunities for residents and/or non-profits to engage in accessing
CDBG funded services and/or benefits.
b. Attend any internal or external ESJ trainings, meetings, or conferences
focusing on equity, inclusion, or integration efforts.
c. Actively recruit for diverse commissions and/or boards.
d. Attend other subregional or regional social and equity related coalitions or
forums.
e. Perform outreach to CDBG eligible, culturally diverse communities.
f. Translate Contractor’s materials into languages found within its jurisdiction.
g. Provide interpreters for community members upon request for all public
meetings and outreach activities.
h. Advertise CDBG programs in culturally diverse newspapers and ethnic
media.
i. Provide technical assistance to culturally diverse CDBG applicants.
j. Review and use analysis of demographics of populations who are, or could
be, served by CDBG funds.
k. Provide additional support to CDBG-funded agencies to reach culturally
diverse clients.
4. Contractor staff shall implement CDBG-funded human service projects as
described in other Statement of Works attached to this Contract, within the
program year, and submit both invoices and required reports to the County in a
complete and timely manner. Prior to the first and last payment on capital projects,
exclusive of Housing Repair and acquisition, pre-approval must be received from
County staff that federal labor requirements have been met.
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5. Contractor shall obtain approval by its legislative bodies via motion or
resolution for all CDBG activities, locations, and allocations submitted by
Joint Agreement City staff.
6. The Contractor shall monitor performance under any subcontract. Monitoring shall
be completed once every two years at a minimum and shall include reviewing
subcontracted agencies’ (hereinafter “Implementing Agency”) records to ensure
compliance with the subcontract provisions required under Section 42. of the
attached Standard Terms and Conditions, “SERVICES PROVIDED IN
ACCORDANCE WITH LAW AND RULE AND REGULATION,” and the record-
keeping provisions required under Section IV.A this Statement of Work. The
Contractor shall submit a copy of each monitoring report to the County with its
Final Invoice Request of the year monitoring occurs.
7. Program Set-Asides
The County shall retain the following funds for the administration of programs for
distribution based on the executed, current, three-year Interlocal Cooperation
Agreement (ICA):
a. $66,127 – (ten percent of the Contractor’s entitlement share plus program
income) toward administrative responsibilities in implementing the CDBG
program activities;
b. $35,026 – (five percent of the Contractor’s entitlement share plus program
income) toward the City’s portion of the Housing Stability Program;
c. $175,131 – (twenty-five percent of the Contractor’s entitlement share plus
program income) toward the King County Housing Repair Program; and
d. $14,010– (two percent of the Contractor’s entitlement share plus program
income) toward capital implementation and environmental review costs.
8. Allocations
The Contractor shall allocate $403,804 of the remaining CDBG Funds
to the Renton Senior Center Roof Replacement Project in a separate Contract.
9. Conflict of Interest
a. Interest of Officers, Employees, or Agents - No officer, consultant,
elected or appointed official, employee, or agent of the Contractor who
exercises any functions or responsibilities in connection with the
planning and carrying out of the CDBG Program, 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
or benefit from a CDBG assisted activity, or have a financial interest in
any contract, subcontract, or agreement with respect to CDBG assisted
activity, either for themselves or those with whom they have business
or immediate family ties, during their tenure or for one year thereafter.
b. Interest of Subcontractor and Their Employees - The Contractor shall
incorporate into every subcontract required to be in writing and made
pursuant to this Statement of Work the following provisions:
The Implementing Agency covenants that no person who presently
City of Renton Page 4 of 5 2024 Contract 6484042 - SOW
exercises any functions or responsibilities in connection with the
CDBG Program, has any personal financial interest, direct or indirect,
in this Contract. The Implementing 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 Implementing Agency
further covenants that in the performance of this Contract no person
having any conflicting interest shall be employed. Any interest on the
part of the Implementing Agency or its employees must be disclosed to
the Contractor and the County.
10. Public Information
In all news releases and other public notices related to projects funded under this
Agreement, the Contractor and any subcontracted Contractor shall include
information identifying the source of funds as the King County CDBG Consortium
Program.
11. Separation of Funds
The Contractor shall not use funds identified in the Attachment A, Project Budget
to pay for any costs incurred prior to January 1, 2024 or the date on which the
County’s Environmental Record is complete, whichever date is later.
12. Subcontracted Services
a. The Contractor shall invoice the County for due and payable invoices of
the Implementing Agency or for costs paid by the Contractor for goods,
materials, or services already provided. The Contractor shall invoice the
County after the Implementing Agency has invoiced the Contractor. The
Contractor shall include a copy of the Implementing Agency's invoice with
its invoice submitted to the County. The Contractor shall ensure that all
costs for which the Implementing Agency requests reimbursement are
allowable in accordance with the Office of Management and Budget 2
CFR 200, SUBPART E – COST PRINCIPLES as applicable.
b. The Contractor shall implement the project within the program year and
submit both invoices and required reports to the County in a complete and
timely manner no later than January 15, 2025.
III. COMPENSATION AND METHOD OF PAYMENT
A. The quarterly invoice shall be accompanied by all documents required by Section IV,
REPORTING REQUIREMENTS, of this Statement of Work, which are due during the billing
period. The Contractor shall be eligible to be reimbursed up to 100% of the Contract, with the
following terms and conditions.
1. All required documents shall accompany the invoice statement in order to
receive payment.
2. Invoice packages shall be submitted to the County by the 30th day of the
month following the end of the quarter expenses were incurred. Invoices for
previous quarters, if any, shall be due the 30th day after the Contract is
executed.
3. The Contractor shall submit to the County its final invoice by January 13, 2025
on a CDBG Program Invoice Form provided by the County with all required
City of Renton Page 5 of 5 2024 Contract 6484042 - SOW
supporting documentation and reports. Such forms shall be signed by an
authorized representative of the Contractor.
B. Project Budget. Contractor shall apply County funds to the project in
accordance with the Line-Item Budget in Attachment A.
IV. REPORTING REQUIREMENTS
A. Records
In addition to the records required by Section 20. of the attached Standard Terms and
Conditions, “MAINTENANCE OF RECORDS,” the Contractor shall maintain files
containing the following items for this project:
1. Motions, resolutions, and minutes documenting City Council actions relating
to the Contractor’s CDBG Pass-through funds.
2. Correspondence regarding Notice To Proceed on CDBG funded activities.
3. Correspondence regarding budget revision requests.
4. Copies of all invoices and reports submitted to the County.
5. Bills for payment.
6. Copies of approved invoices and warrants.
7. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts.
8. Documentation required by this Contract if any funds provided under this
Statement of Work are used to acquire equipment.
9. Records documenting that costs reimbursed with funding provided under this
Statement of Work are allowable in accordance with 2 CFR 200.405. Such
records shall include, but are not limited to:
a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs, time sheets signed by a supervisor and, if less than full time,
annotated to document percent of time charged against this project;
b. Staff travel, documentation of mileage charges for private auto; and
c. Copy machine use, postage, telephone use, and office supplies when
these costs are shared with other programs and no invoice is available,
log sheets or annotated invoices.
B. Reports
The Contractor shall complete and submit the following reports:
1. A completed Program Accomplishment Form for each quarter in a format
provided by the County.
2. Program requirement reports as described in the Joint Agreement City annual
recipient checklist distributed by Community Development.
City of Renton Page 1 of 1 2024 Contract 6484042 – SOW Att A
ATTACHMENT A – PROJECT BUDGET
CDBG Program Administration
The City of Renton shall apply the following 2024 CDBG funds to the project in accordance with the
Line-Item Budget below. The total amount of reimbursement pursuant to this Statement of Work shall
not exceed $66,127.
A. Personnel Detail
Position Title
Position Full
Time
Equivalent
Annual Salary
and Benefits
CDBG
Funds
Human Services Coordinator 1.0 FTE $125,000 $66,127
Total $66,127
B. CDBG Line-Item Budget
Contractor shall apply County funds to the project in accordance with the Line-Item Budget.
Item Total CDBG Funds Estimated Expenditure
Dates
Personnel Services Q 1-3 $21,752 August 31, 2024
Personnel Services Q 4 $44,375 December 31, 2024
Total $66,127
City of Renton Page 1 of 1 2024 Contract: 6484042 – SOW Att B
Attachment B
Federal Award Identification (reference 2 CFR 200.331)
(i) Agency name (which must match the
name associated with its unique entity
identifier);
City of Renton
(ii) Agency’s unique entity identifier; UG2PSBS6UJJ3
(iii) Federal Award Identification Number
(FAIN);
B-24-UC-53000-1
(iv) Federal Award Date; 8/28/2024
(v) Subaward Period of Performance Start
and End Date;
1/1/2024 & 12/31/2024
(vi) Subaward Budget Period Start and End
Date
1/1/2024 & 12/31/2024
(vii) Amount of Federal Funds Obligated by
this action by the pass-through entity to the
Contractor;
$66,127
(viii) Total Amount of Federal Funds
Obligated to the Contractor by the pass-
through entity including the current financial
obligation;
$661,268
(ix) Total Amount of the Federal Award
committed to the Contractor by the pass-
through entity;
$661,268
(x) Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency Act
(FFATA)
The subaward is funding CDBG Program
Administration Costs for the City of Renton.
(xi) Name of Federal awarding agency, pass-
through entity, and contact information for
awarding official of the pass-through entity;
HUD
Seattle Regional Office
909 1st Ave #200
Seattle, WA 98104
(xii) Assistance Listing Number and Title; the
pass-through entity must identify the dollar
amount made available under each Federal
award and the assistance listing number at
time of disbursement;
14.218
(xiii) Identification of whether the award is
R&D; and
No
(xiv) Indirect cost rate for the Federal award
(including if the de minimis rate is charged
per § 200.414 Indirect (F&A) costs).
NA
Is the agency a Contractor for the purposes
of this agreement?
Yes