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Home My WebLink AboutGrantRenton Senior Center Improvements - Soft Costs Page 1 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT Contractor CITY OF RENTON Contract Title Renton Senior Center Improvements - Soft Costs Contract Amount $220,000 Contract Effective Date Date of last signature Service Period From: 12/01/2024 To 11/30/2025 UEI No. (if applicable) UG2PSBS6UJJ3 THIS CONTRACT No. 6484237 Renton Senior Center Improvements - Soft Costs 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 activities as applicable under the HCD Act, NAHA, HUD regulations, State laws, and/or adopted County ordinances; GRA-25-001 Renton Senior Center Improvements - Soft Costs Page 2 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. Renton Senior Center Improvements - Soft Costs Page 3 of 41 Contract - 6484237 09/01/2024 — 08/31/2025 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 ........................................................................................................ 23 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 .................................................................................................................. 36 36. Political Activity Prohibited ..................................................................................................... 37 Renton Senior Center Improvements - Soft Costs Page 4 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 37. King County Recycled Product Procurement Policy ............................................................... 38 38. Future Support ....................................................................................................................... 38 39. Entire Contract ....................................................................................................................... 38 40. Contract Amendments ........................................................................................................... 38 41. Notices ................................................................................................................................... 38 42. Services Provided in Accordance with Law and Rule and Regulation .................................... 38 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 Renton Senior Center Improvements - Soft Costs Page 5 of 41 Contract - 6484237 09/01/2024 — 08/31/2025 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. Renton Senior Center Improvements - Soft Costs Page 6 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 Renton Senior Center Improvements - Soft Costs Page 7 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 The terms of this Contract shall become effective on the date of last signature and shall terminate on 11/30/2025, unless extended or terminated earlier, pursuant to the terms and conditions of this Contract. Contracted services, as described in the attached Statement of Work may be compensated as outlined below beginning on 12/01/2024, (the “Service Period Start Date”). 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. C. Final Invoice: Renton Senior Center Improvements - Soft Costs Page 8 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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. Renton Senior Center Improvements - Soft Costs Page 9 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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: 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; Renton Senior Center Improvements - Soft Costs Page 10 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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. Renton Senior Center Improvements - Soft Costs Page 11 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 includes $200,000 or more in total HUD funds from one or more program years; ii. The Statement of Work must includes construction or rehabilitation work as a task that will be funded in full or in part with the HUD funds; and 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 Renton Senior Center Improvements - Soft Costs Page 12 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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: 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; Renton Senior Center Improvements - Soft Costs Page 13 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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: Renton Senior Center Improvements - Soft Costs Page 14 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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, 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. Renton Senior Center Improvements - Soft Costs Page 15 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 s hall 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. 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 Renton Senior Center Improvements - Soft Costs Page 16 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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 Renton Senior Center Improvements - Soft Costs Page 17 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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, 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 Renton Senior Center Improvements - Soft Costs Page 18 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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. Renton Senior Center Improvements - Soft Costs Page 19 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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 Within 30 calendar days from the forms being filed. Within nine months following the close of the Renton Senior Center Improvements - Soft Costs Page 20 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 Contractor’s fiscal year. 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. 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 Renton Senior Center Improvements - Soft Costs Page 21 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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 Renton Senior Center Improvements - Soft Costs Page 22 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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, Renton Senior Center Improvements - Soft Costs Page 23 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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 Renton Senior Center Improvements - Soft Costs Page 24 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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: Renton Senior Center Improvements - Soft Costs Page 25 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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. Renton Senior Center Improvements - Soft Costs Page 26 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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. Renton Senior Center Improvements - Soft Costs Page 27 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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 Renton Senior Center Improvements - Soft Costs Page 28 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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: 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: Renton Senior Center Improvements - Soft Costs Page 29 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 “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: 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 Renton Senior Center Improvements - Soft Costs Page 30 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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 Renton Senior Center Improvements - Soft Costs Page 31 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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, 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 Renton Senior Center Improvements - Soft Costs Page 32 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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 Renton Senior Center Improvements - Soft Costs Page 33 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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: 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; Renton Senior Center Improvements - Soft Costs Page 34 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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. Renton Senior Center Improvements - Soft Costs Page 35 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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, 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. Renton Senior Center Improvements - Soft Costs Page 36 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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 Renton Senior Center Improvements - Soft Costs Page 37 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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 Renton Senior Center Improvements - Soft Costs Page 38 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 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 Renton Senior Center Improvements - Soft Costs Page 39 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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, 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: Renton Senior Center Improvements - Soft Costs Page 40 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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. 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. Renton Senior Center Improvements - Soft Costs Page 41 of 41 Contract - 6484237 12/01/2024 — 11/30/2025 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 6484204 STATEMENT OF WORK CITY OF RENTON SENIOR CENTER IMPROVEMENTS – SOFT COSTS Contract No.: 6484204 Project #:C24456 King County Project Manager: Lynn Scherer Contractor Contact Person: Lori Fleming Start Date: December 1, 2024 Telephone: 425-430-6655 End Date: November 30, 2025 E-Mail: LFleming@rentonwa.gov I. WORK STATEMENT This Contract entered into between King County Department of Community and Human Services Housing and Community Development Division (HCD) (hereinafter referred to as “the County”) and City of Renton (hereinafter referred to as “Contractor”) to identify the roles of the parties to implement the Community Development Block Grant (CDBG) activities, beginning on 12/1/2024 and ending on 11/30/2025. All such activities shall be carried out in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations, as currently in effect or as amended in the future. The total amount of funds awarded to the Contractor by the County in this Contract shall not exceed $220,000 in County administered CDBG funds. II. PROJECT DESCRIPTION This Contract provides funding for the Don Persson Renton Senior Activity Center (“Renton Senior Center”) soft costs for HVAC and roof improvements herein referred to as “the Project”. The scope of the work is as follows: CDBG funds shall be combined with any Contractor funds to pay for soft costs, including design, engineering, permitting, and other allowable non- construction costs related to future HVAC and roof improvements to the Renton Senior Center. The Project qualifies to meet a national objective under 24 CFR 570.208 (a)(2)(i)(A). PROJECT REQUIREMENTS A. Under this Contract the responsibilities of the County shall be as follows: 1. The County shall have the lead role in ensuring the Project meets federal requirements in order to ensure that the Project chosen for award of CDBG capital funds is completed pursuant to all applicable CDBG and other federal regulations. 2. The County shall conduct all necessary Environmental Reviews described in 24 Code of Federal Register (CFR) 570.604 - Environmental standards - of the CDBG regulations and § 58.5 - Related Federal Laws and Authorities - for compliance with requirements of the CDBG program (the Environmental Review). All mitigation measures shall be included in all bid specifications and construction contracts related to the Project. The County shall provide Contractor all federal and King County requirements for all plans, specifications, and bid documents prepared for procurement of professional services. 3. The County shall ensure that the CDBG funds under this Contract shall be used to pay for Project costs that are eligible to meet Federal requirements of the program and Uniform Administrative Code. City of Renton Page 2 of 5 2024 Contract 6484204 4. The County shall be an equal participant in collaborating with Contractor on development of final procurement documents for advertising or soliciting responses for any type of good or service including, but not limited to, professional services. 5. The County shall assign a Project Manager from the HCD Community Development Program who will approve any and all payments made by the Contractor concerning the Project during the construction phase. 6. The County shall work with Contractor in the event that the CDBG funding award is not enough to cover all desired improvements, and the two parties shall jointly determine the priority of the improvements to be made within funding limits. 7. The County shall review and authorize changes, change orders, modifications, or amendments of this Contract and/or any subsequent subcontracts, as necessary to ensure compliance with CDBG regulations. B. Under this Contract the responsibilities of Contractor shall be as follows: 1. Contractor shall provide adequate and appropriate staff to implement the Project and be a signatory on any payment during the implementation of the Project. Contractor shall assign a Project Manager to act in this capacity and to work with the County to implement the Project. 2. Contractor shall provide the County all local and state requirements for any plans, specifications, and bid documents prepared for procurement of professional services. 3. Contractor shall collaborate with the County to run a mutually agreed upon a procurement process for planning and/or architecture and engineering services of the Project. Contractor shall assume responsibility for ensuring the following: a. The subcontract shall require the Engineer and PRIME to meet requirements 27 and 28 (Hold Harmless And Indemnification and Insurance Requirements—General) of this Contract. b. The subcontract shall ensure that the Architect/Engineer’s responsibilities include, but are not limited to, the following: i. During planning the Architect/Engineer shall endeavor to guard the County against apparent defects and deficiencies in the permanent work designed by Contractor. ii. In the event of modifications to the subcontract, which result in an increase in the subcontract amount, are made without the prior approval of the County, Contractor shall be solely responsible for such modifications and increased costs and expenses. c. Such services shall be reimbursed to Contractor if they are CDBG eligible expenses and funds were awarded for that purpose. d. Contractor shall assure that all specifications and drawings are in conformance with current Project standards and general specifications and shall collaborate with the County to ensure compliance with local, state, and federal requirements associated with the use of CDBG funds. City of Renton Page 3 of 5 2024 Contract 6484204 e.Contractor shall obtain all necessary and appropriate land use permits, zoning approvals, and any other permits and approvals required by local, County, state, and federal law. 4.Contractor shall submit to the County, for its approval, all reports and recommendations concerning design of the Project. The County shall submit to Contractor for its approval all of County’s decisions affecting design. Approval shall not be unreasonably delayed, withheld, or conditioned, and follow guidelines outlined in this Contract. 5. Contractor shall have signature authority for changes, change orders, modifications, or amendments of this Contract and/or any subsequent subcontracts, as necessary to serve the public interest. 6. Public Information a. In all news releases and other public notices related to Projects funded under this Contract, Contractor shall include information identifying the source of funds as the King County Consortium Community Development Block Grant Program. 7. The Contractor shall maintain files for this Contract containing the following items: a.Notice of Grant Award; b. Motions, resolutions, or minutes documenting Board or Council actions; c. A copy of this Contract; d.Correspondence regarding budget revisions; e. Copies of all invoices and reports submitted to the County for this Project; f.Bills for payment; g.Copies of approved invoices and warrants; h.Documentation, such as log sheets, of copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, or alternative, annotated invoices may be used to document charges as appropriate; i.Documentation of mileage charges for private automobile use; j. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts; k. Documentation related to adherence to labor compliance rules and regulations and report submittal related to such; and l. Project status information on a Program Accomplishment form in a format produced or acceptable to the County. The Project status information shall be submitted with invoice documentation. (See Section IV below). City of Renton Page 4 of 5 2024 Contract 6484204 IV. COMPENSATION AND METHOD OF PAYMENT A. The COUNTY shall apply CDBG funds to the PROJECT in accordance with Line Item Budget (Attachment B). B. Billing Invoice Requirements 1. The County shall not make payment on an invoice unless the HCD Project Manager has approved payment. 2. Contractor shall submit invoices to the County within fifteen business days after the end of each quarter in which Contractor incurs costs under this Contract. The final invoice shall be submitted prior to December 19, 2025. 3. Contractor shall submit invoices to the County in the form of a CDBG program invoice form, as provided by the County, and/or online invoice form. Such forms shall be signed by an authorized representative of Contractor and shall be accompanied by copies of supporting documents of eligible expenditures. 4. Should revisions to milestones and spend down amounts be necessary, the Contractor and King County may agree in writing as to reasonable adjustments. C. Method of Payment Contractor shall be reimbursed for satisfactory completion of the requirements specified in this Contract in a sum not to exceed $220,000. D. Project Manager Responsibility Edward Grube, Capital Projects Coordinator shall act as Project Manager from Contractor for the Project. (EGrube@rentonwa.gov / cell 206-475-0662) Lori Fleming, Human Services Coordinator shall act as the Contract/Fiscal Manager from the Contractor for the Project (Lfleming@rentonwa.gov / 425-430-6655) Lynn Scherer shall act as Project Manager from King County. (LScherer@kingCounty.gov / 206.263.1969) V. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in a format and to an address provided by the County. A. The Contractor shall submit with each invoice a Project Accomplishments form, in a format provided by the County. Report shall include milestones and project status. B. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. VI. ADDITIONAL REQUIREMENTS A. Project Progress Requirements If the Project does not incur any reimbursable costs or meet deliverables/milestones by the end of the Contract expiration, the award may be forfeited. Significant lack of progress indicator(s) include, but are not limited to: City of Renton Page 5 of 5 2024 Contract 6484204 1. There is no progress or procurement towards project at time of contract expiration. Extension of the contract shall require a formal letter requesting extension sent to the Community Development Manager explaining the circumstances of the delay along, a summary of corrective actions, and revised spending schedule. The request shall then be evaluated by the Joint Recommendations Committee for acceptance. B. Remedies for Non-Compliance (federal) The County may impose remedies for non-compliance described at 2 CFR 200.338. C. Notice Each party shall give the other immediate written notice of any action or suit filed or any claim made against the party which may result in litigation in any way related to this Contract. D. Upon completion of improvements or upon termination of this Contract, any unexpended balances of CDBG funds shall remain with the County. City of Renton Page 1 of 12 2024 Contract 6484204- SOW Att. A ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1. Recitals 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; 2. Contractor Use of the term "Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a "Contractor" as described in 2 CFR 200.331. 3. Debarment 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/. 4. National Flood Insurance The use of CDBG funds for acquisition or construction purposes in identified flood hazard areas shall be subject to contract agency mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973. 5. Conflict of Interest: Federal Compliance: If this contract uses federal funds, the Contractor shall abide by the provision of 2 CFR § 200.318, and by the following: a) The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by funds under this Contract; b) No employee, director, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by funds under this contract if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and c) The Contractor’s officers, employees, and agents must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, the Contractor may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The City of Renton Page 2 of 12 2024 Contract 6484204- SOW Att. A standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. 6. FEDERAL FUNDS The term “federal funds” as used herein means CDBG funds. The types of funds provided under this Contract are specified in the attached Statement of Work. 7. NATIONAL ENVIRONMENTAL PROTECTION ACT (NEPA) 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 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. a) Environmental Policy Act The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities identified therein. The 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. b) 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. c) 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). d) 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 City of Renton Page 3 of 12 2024 Contract 6484204- SOW Att. A 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. 8. SUBRECIPIENT MONITORING a) First-tier subrecipients shall register in SAM.gov. A pass-through entity shall be responsible for determining that subrecipients have current SAM.gov registrations prior to making subawards and performing periodic checks to ensure that the subrecipients are updating information as necessary. b) Recipients shall require each subrecipient to; i) Document at the time of the subaward and disbursement of funds, the Federal award number, Catalog of Federal Domestic Assistance (CFDA) number; and ii) 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). 9. 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. 10. 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(s) 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(s), 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 Section 2. Duration of Contract or Section 15. Termination. 11. COST PRINCIPLES Not-for profit corporations, institutes of higher education, municipal corporations, or agencies of the State of Washington shall comply with the policies, guidelines, and requirements of 2 CFR Part, 200 Subpart E as appropriate to the nature of the Contractor’s organization, unless otherwise provided in the Statement of Work. 12. 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 570.502 City of Renton Page 4 of 12 2024 Contract 6484204- SOW Att. A (a)(6). The Contractor agrees that it will contact the County for instructions prior to disposing of, surplusing of, encumbering or transferring ownership, of any equipment purchased in whole or in part with federal funds. 13. RECORDS a) 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. b) 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 a Project/Program Exhibit. c) 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. d) Employment Records If the Contractor is a municipal corporation or an Agency of the State of Washington, it 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. e) Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 2 CFR Part 200. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. f) Tenant Notification and Relocation Records City of Renton Page 5 of 12 2024 Contract 6484204- SOW Att. A 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 and a separate relocation record for each person, business, organization and farm operation displaced or in the relocation workload must be kept. g) Acquisition Records If the 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. h) Labor Standards Records 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) 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, 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. j) 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. iii) 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 City of Renton Page 6 of 12 2024 Contract 6484204- SOW Att. A record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. 14. 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. 15. 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, 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. 16. SUBCONTRACTING REQUIREMENTS A Contractor which receives federal funds under this Contract also shall include the following sections of this Attachment in every subcontract or purchase order for goods and services which are paid in whole or in part with funds provided under this Contract. 17. FEDERAL PROCUREMENT REQUIREMENTS The Contractor agrees to comply with Procurement Standards specified in 2 CFR § 200.317 through - 200.326, unless otherwise provided in the Project/Program Exhibit. 18. 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. 19. FEDERAL NONDISCRIMINATION REQUIREMENTS a) 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); City of Renton Page 7 of 12 2024 Contract 6484204- SOW Att. A 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. b) 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: ii) Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; iii) Denying any person services due to limited English proficiency; iv) 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; v) 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; vi) 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; vii) 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; viii) Denying any person any opportunity to participate in a program or activity as an employee; and ix) 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. c) 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, City of Renton Page 8 of 12 2024 Contract 6484204- SOW Att. A familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability. d) 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. 20. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES Federal Requirements a) In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 2 CFR § 200.321. In accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure M/WBEs and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include those actions specified above in this section of the Contract. b) Nondiscrimination in Federally Assisted Construction 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. 21. CERTIFICATION REGARDING LOBBYING The Contractor certifies, to the best of its knowledge and belief, that: a) 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. b) 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. c) 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. City of Renton Page 9 of 12 2024 Contract 6484204- SOW Att. A d) 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. 22. FEDERAL AFFIRMATIVE MARKETING a) Each Contractor must adopt affirmative marketing procedures and requirements for projects containing five or more housing units funded with CDBG and/or HOME funds. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing. (The affirmative marketing procedures do not apply to families with housing assistance provided by the Public Housing Authority or families with tenant based rental assistance provided with HOME funds.) The County shall annually assess the 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: c) 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; d) 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); e) 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); f) Records must be kept describing actions taken by the Contractor to affirmatively market units and records to assess the result of these actions; and g) 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. 23. 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. City of Renton Page 10 of 12 2024 Contract 6484204- SOW Att. A 24. LABOR STANDARDS/DAVIS BACON & RELATED ACTS a) For projects assisted with CDBG funds, this Subsection shall not apply to construction or rehabilitation of residential property consisting of fewer than eight units. This Subsection shall not apply to rehabilitation of residential property consisting of fewer than eight units. b) 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 records sufficient to evidence compliance with this section and shall make such records available for the County’s review upon request. c) 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. 25. 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. 26. 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. 27. 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 USC 701) and regulations set forth at 24 CFR part 24, subpart F. b) Other Federal Requirements The absence of mention in this Contract of any other federal requirements 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. 28. CONSTITUTIONAL PROHIBITION a) 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 City of Renton Page 11 of 12 2024 Contract 6484204- SOW Att. A religious activities. Except where otherwise allowed by federal law, the following restrictions and limitations apply to the use of CDBG and HOME funds: b) A 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; c) 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 d) 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. 29. RELOCATION a) 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, 2014, the benefit amount for each displaced household will be $2,933 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 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 City of Renton Page 12 of 12 2024 Contract 6484204- SOW Att. A 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. City of Renton Page 1 of 1 2024 Contract 6484204- SOW Att. B ATTACHMENT B BUDGET Line-Item Budget* Item Award Funds Q1 Est Q2 Est Q3 Est Q4 Est Source Roof Design & Engineering $85,000 $5,000 $70,000 $10,000 0 2024 CDBG HVAC Design & Engineering $135,000 $10,000 $110,000 $15,000 0 CDBG-CV3 Total $220,000 $15,000 $180,000 $25,000 0 * City of Renton Page 1 of 1 2024 Contract 6484204- SOW Att. C ATTACHMENT C Federal Award Identification (FAIN 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-53-0001 B-20-UW-53-0001 (iv) Federal Award Date; 8/28/2024 5/7/2021 (v) Subaward Period of Performance Start and End Date; 11/1/2024 – 10/31/2025 (vi) Subaward Budget Period Start and End Date 11/1/2024 – 10/31/2025 (vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; $220,000 (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass- through entity including the current financial obligation; $220,000 (ix) Total Amount of the Federal Award committed to the subrecipient by the pass- through entity; $661,268 CDBG $1,132,296 CDBG-CV (x) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) CDBG and CDBG-CV Funds will be used to support development, engineering, and permitting costs for Senior Center roof and HVAC improvements. (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; CDBG, CFDA 14.218 - $85,000 CDBG-CV CFDA 14.218 - $135,000 (xiii) Identification of whether the award is R&D; No (xiv) Indirect cost rate for the Federal award (including if the de minimus rate is charged per § 200.414 Indirect (F&A) costs). N/A Is the agency a subrecipient for the purposes of this agreement? Yes