HomeMy WebLinkAboutPK10-027 - Original - Habitat for Humanity - Neighborhood Stabilization Program - 02/23/2010 Z� Records M_j*iagement)
KENT
WASHINGTON - Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Habitat for Humanity
Vendor Number: a 5 r4--� 1 Q
ID Edwards Number
Contract Number: PrI( ID -097
This is assigned by City Clerk's Office
Project Name: Neighborhood Stabilization Program-Move to Housing
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Termination Date: 3/31/12
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: Dinah Wilson Department: Parks/Housing & Human Svs.
Detail: (i.e. address, location, parcel number, tax id, etc.):
This contract with Habitat for Humanity is supported through federal Neighborhood
Stabilization Program funds and is administered by the Washington State Department of
Commerce. Funds will be used to purchase, rehabilitate and sell a foreclosed residential
property to an income-eligible homebuyer at or below 50-120% of area median income.
The City will also use a portion of its funds to provide down-payment assistance to help
an income-eligible homebuyer purchase a foreclosed upon residential property.
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KENT
WA 5' 1 N GT7N
SUB-RECIPIENT SERVICES AGREEMENT
between the City of Kent and
Habitat for Humanity of Seattle/South King County
Neighborhood Stabilization Program-Move to Housing Project
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Habitat for Humanity of Seattle/South King County, a Washington
non-profit corporation, located and doing business at 15439 - 53"J Avenue South, Suite B,
Tukwila, WA 98188 (hereinafter the "Sub-recipient").
I. DESCRIPTION OF WORK.
Sub-recipient shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Sub-recipient shall: (1) purchase, rehabilitate, and re-sell, as instructed by the City,
to income-eligible buyers one foreclosed property; and (2) underwrite financial
mechanisms, including down-payment assistance loans, to provide direct
homeownership assistance.
The Sub-recipient shall perform all work in accordance with and subject to the
City's grant agreement with the Washington State Department of Community,
Trade, and Economic Development through the Washington State CDBG program
for Neighborhood Stabilization, attached and incorporated as Exhibit A, and in
accordance with the Emergency Assistance for Redevelopment of Abandoned and
Foreclosed Homes Under the Housing and Economic Recovery Act of 2008, attached
and incorporated as Exhibit B
The Sub-recipient shall review all state and federal provisions applicable to the
project, determine the responsibilities of the City and Sub-recipient under the grant
agreement and all applicable federal, state, and local legislation and regulations,
and carry out the work under this Agreement in accordance with those
responsibilities, including, where applicable, the preparation of bid documents,
payment of prevailing wages under the federal Davis-Bacon Act and chapter 39.12
RCW for applicable work, completing final design and construction plans, and
conducting a bid opening and selecting a qualified contractor. It is the parties'
intent that the Sub-recipient serve as a sub-recipient of the state CDBG grant
funds, and that the Sub-recipient shall perform all work and submit all forms
required under the grant agreement.
Sub-recipient AGREEMENT - 1 of 6
(Over$10,000)
Sub-recipient further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Sub-recipient shall complete the work described in Section I by
March 31, 2012.
III. COMPENSATION.
A. The City shall pay the Sub-recipient, based on work and materials, an amount not
to exceed $451,501 for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
B. The Sub-recipient shall submit periodic payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
the Neighborhood Stabilization Program Reimbursement Request, which is attached
and incorporated as Exhibit C. If the City objects to all or any portion of an invoice,
it shall notify the Sub-recipient and reserves the option to only pay that portion of
the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Sub-recipient has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Sub-recipient maintains and pays for its own place of business from
which Sub-recipient's services under this Agreement will be performed.
C. The Sub-recipient has an established and independent business that is
eligible for a business deduction for federal income tax purposes that existed
before the City retained Sub-recipient's services, or the Sub-recipient is
engaged in an independently established trade, occupation, profession, or
business of the same nature as that involved under this Agreement.
D. The Sub-recipient is responsible for filing as they become due all necessary
tax documents with appropriate federal and state agencies, including the
Internal Revenue Service and the state Department of Revenue.
E. The Sub-recipient has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Sub-recipient's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
Sub-recipient AGREEMENT - 2 of 6
(Over$10,000)
F. The Sub-recipient maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth or
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Sub-recipient's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Sub-recipient's records or data is not
related to this project, it shall be without liability or legal exposure to the Sub-recipient.
If the work is not completed by the deadline in section II or earlier termination under this
section V, Sub-recipient shall convey by deed to the City all real property purchased under this
Agreement within ten (10) days of the written demand by the City. The conveyance shall be by a
deed with the same or equivalent terms as the deed Sub-recipient received as grantee for the
real property. The conveyance shall not preclude the City from seeking additional damages
caused by breach of this Agreement.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Sub-recipient, its subcontractors, or any person acting
on behalf of the Sub-recipient or subcontractor shall not, by reason of race, religion, color, sex,
age, sexual orientation, national origin, or the presence of any sensory, mental, or physical
disability, discriminate against any person who is qualified and available to perform the work to
which the employment relates. Sub-recipient shall execute the attached City of Kent Equal
Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and
upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Sub-recipient shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Sub-recipient's performance of this Agreement, except for that portion of
the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Sub-recipient's work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent .jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Sub-recipient
and the City, its officers, officials, employees, agents and volunteers, the Sub-recipient's liability
hereunder shall be only to the extent of the Sub-recipient's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE SUB-RECIPIENT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
Sub-recipient AGREEMENT - 3 of 6
(Over$10,000)
VIII. INSURANCE. The Sub-recipient shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit D attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Sub-recipient for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Sub-recipient will be safeguarded by the Sub-recipient. Sub-recipient shall make such data,
documents, and files available to the City upon the City's request. The City's use or reuse of any
of the documents, data and files created by Sub-recipient for this project by anyone other than
Sub-recipient on any other project shall be without liability or legal exposure to Sub-recipient.
XI. CITY'S RIGHT OF INSPECTION. Even though Sub-recipient is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT SUB-RECIPIENT'S RISK. Sub-recipient shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Sub-recipient's own risk, and Sub-recipient shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and sub-recipients to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
pr-)cess In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
Sub-recipient AGREEMENT - 4 of 6
(Over$10,000)
D. Written Notice All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Sub-recipient.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Sub-recipient agrees to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to Sub-recipient's business, equipment, and personnel engaged in operations covered
by this Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
Sub-recipient AGREEMENT - 5 of 6
(Over$10,000)
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
SUB-RECIPIENT: CITY OF KENT:
By: a4' z By:
(signature) (signature)
Print Name: Marty Kooistra Pri Na e. Suzette Cooke
Its Chief Executive Officer Its Mayor
(title)
DATE: ' cI - /1) DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
SUB-RECIPIENT: CITY OF KENT:
I
Diane K. Gallegos Dinah Wilson
Chief Operating Officer CDBG Coordinator
Habitat for Humanity of City of Kent
Seattle/South King County Parks, Recreation, & Community Services
15439 - 53rd Avenue South, Suite B 220 Fourth Avenue South
Tukwila, WA 98188 Kent, WA 98032
(206) 292-5240 (telephone) (253) 856-5070 (telephone)
(206) 292-5241 (facsimile) (253) 856-6070 (facsimile)
JVED S TO FORM:
aw epartment
P�Gwl\Fl1es\OpenFiles\0733-2009-HomanServicesGenesaf\Ne�ghbornood5tabdizat�on-Sub-reapiei�tS r doc
Sub-recipient AGREEMENT - 6 of 6
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirma�ive
response is required on all of the following questions for this Agreement to be valid and binding
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this �"' day of rAfLLa r� , 2010.
By:
For: i f hi ea S0011IGln9 W u � J
Title:
Date: L - 9-/a
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, sub-recipients and suppliers of the City must
guarantee equal employment opportunity within their organization and, if holding Agreements
with the City amounting to $10,000 or more within any given year, must take the following
affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, sub-recipient or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contracL
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, sub-recipients, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
EXHIBIT A
Af Munity, traaeo-nd
CTED cECOomnomic Development
Grant Agreement with: -
City of Kent
through
Washington State Community Development Block Grant Program
Neighborhood Stabilization Program
For:
The City of Kent will use $475,264 in NSP funds to recover two
(2) foreclosed properties
Contract Number 08-F6401-008
Start date: 2/18/2009
Washington State Department of Community, Trade and Economic Development
www.cted.wa.gov
TABLE OF CONTENTS
FACE SHEET
CONTRACT TERMS AND CONDITIONS
Special Terms and Conditions
1 Definitions 1
2 Access to Records 1
3 Acquisition and Disposition of Assets 1
4 Agreement Management 2
5 Anti-Lobbying Certification and Disclosure Form 2
6 Billing Procedures and Payment 2
7 Closeout 2
8 Environmental Review 3
9 Equal Opportun;ty Treatment for Faith Based Organizations 4
10 Insurance 4
11 Subcontracts for Engineering Services 6
12 Program Income 6
13 Reports 6
14 Order of Precedence 6
General Terms and Conditions
1 Definitions 1
2 All Writings Contained Herein 1
3 Amendments 1
4 Assignment 1
5 Attorney Fees . 1
6 Audit 1
7 Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion 3
8 Confidentiality/Safeguarding of Information 3
9 Conformance 4
10 Copyright Provisions 4
11 Disallowed Costs 5
12 Disputes 5
13 Duplicate Payment 5
14 Ethics/Conflicts of Interest ... 5
15 Governing Law and Venue 5
16 Indemnification 5
17 Independent Capacity of the Contractor 6
18 Industrial Insurance Coverage 6
19 Laws 6
20 Licensing, Accreditation and Registration 8
21 Limitation Of Authority 8
22 Noncompliance With Nondiscrimination Laws 8
23 Political Activities .8
24 Prevailing Wage Laws 8
25 Procurement Standards for Federally Funded Programs 9
26 Prohibition Against Payment Of Bonus Or Commission 9
27 Publicity 10
28 Recapture . 10
29 Records Maintenance 10
30 Registration With Department Of Revenue 10
31 Savings 10
32 Severabdity . ....... . ...... ...... ........ .................... 10
33 Subcontracting 10
34 Survival 11
35 Taxes 11
36 Termination for Cause/Suspension 11
37 Termination for Convenience 11
38 Termination Procedures 11
39 Waiver 12
Attachment A, Statement of Work
Attachment B, State and Federal Requirements and Assurances
Attachment C, Letter to Incur Costs (if applicable)
FACE SHEET
Washington State Department of Community,Trade,and Economic Development
Local Government Division
Community Development Programs Unit-Community Development Block Grant Program
Program: Neighborhood Stabilization Program
Contractor Contract Number Contract Amount
City of Kent
220 4th Ave So 08-F6401-008 $475,264
Kent, WA 98032
Contractor Representative CTED Representative
Dinah Wilson,CDBG Coordinator Bill Mandeville(360)725-2725
(253) 856-6067
Date Application Submitted Start Date End Date
3,30/2009 02/18/2009 03/31/2013
Federal Funding Authority
Washington State Department of Community,Trade and Economic Development(hereinafter known as CTED),and
U S Department of Housing and Urban Development(HUD)
Federal Funds CFDA Number
333 14 228 14 228
Service Area County Number of Pages
Legislative District 33
King 36
Congressional District 9
Tax ID Number Subrecipient or Participating Entities
91-6001254 N/A
Contract Purpose
City of Kent is awarded$475,264 from the Neighborhood Stabilization Program to purchase,rehabilitate and resell or rent one
(1)foreclosed property to an income-eligible buyer and/or tenant It will also underwrite deferred loans that income-eligible
buyers can use to purchase one(1) foreclosed property The State of Washington designated Kent as an area with a
signficantly higher than average rate of home foreclosures and,therefore, in need of this type of emergency financial
assistance The City of Kent will use its NSP funds to recover two(2) foreclosed properties
IN WITNESS WHEREOF,CTED and Contractor acknowledge and accept the terms of this agreement and attachments hereto and have
etiecuted this agreement as of the date and year written below The rights and obligations of both parties to this agreement are govemed b,
this Face Sheet,Special and General Terms and Conditions Attachment A Statement of Work and Budget, Attachment B State and
Federal Requirements and Assurances Attachment C Lettar to Incur Costs(it applicable),Attachment D Addit,onel Conditions and
Agreement for Interim Financmg,CDBG Float-Funded Activity (if applicable),and Attachment F Assignment of Rights,Title and Interes
(if applicable),and the following documents incorporated herein by reference Contractor's application for funding and the Community
Development Block Grant Policies and Procedures,prepared by CTED
FOR THE CONTRACTOR FOR CTLD
The Honorable Suzette Cooke Karen J Larkin,Assistant Director
Mavor of Kent Local Government Division
Date Date
APPROVED AS TO FORM ONLY
Alice Blado,Assistant Attorney General(Signature on file)
Date May 29,2009
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1. DEFINITIONS
A "Subcontractor" in the General Conditions of this Agreement shall mean the same as the term
.1subrecipient" found in the federal Community Development Block Grant (CDBG) rules and
regulations and the term "contractor' found in the procedures and policies in state's CDBG
Management Handbook
B. "Low- and moderate-income" shall mean a household income equal to or less than 80 percent of
area median income adjusted by family size
C. "Low- , moderate-, and middle-income" shall mean a household income equal to or less than 120
percent of the area median income, measured as 2 4 times the current Section 8 income limit for
households below 50 percent of median income, adjusted by family size
D. For purposes of the Neighborhood Stabilization Program only, the term "low- and moderate-
income person" as it appears throughout the CDBG regulations at 24 CFR part 570 shall be
defined as a member of a low-, moderate-, and middle-income household
2. ACCESS TO RECORDS
CTED and duly authorized officials of the state and the federal government shall have full access and
the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of
the Contractor and of persons or organizations with which the Contractor may contract, involving
transactions related to the project and this contract
3. ACQUISITION AND DISPOSITION OF ASSETS
The Contractor will account for any tangible personal property acquired with grant funds
The use and disposition of real property and equipment under this Agreement will be in compliance
with the requirements of 24 CFR Part 84 and 24 CFR 570 502, 570 503, 570 504, as applicable,
which include but are not limited to the following
Real property that was acquired or improved, in whole or in part, with Community Development Block
Grant(CDBG) funds under this Agreement in excess of$25,000 shall be used to meet one of the
CDBG national objectives for ten (10) years after the Agreement is closed Any exception must be
made with CTED's approval and the Contractor will be responsible to pay CTED an amount equal to
the current fair market value of the property less any portion of the value attributable to expenditures
of non-CDBG funds for acquisition of, or improvement to, the property Such payment from the
disposition of real property acquired with grant funds within 10-years of closeout of this Agreement
shall be treated as program income under Section 12 of these Special Terms and Conditions
In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold,
the proceeds will be program income
Real property acquired, improved or sold, in whole or part, with Neighborhood Stabilization Program
(NSP)funds snail comply with the requirements of Public Law 1 i 0-289, Housing and Recovery Act of
2008 (HERA) section 2301, which includes but is not limited to
Section 2301(d)(1) current market appraisal requirements to determine the statutory purchase
discount and to ensure purchasers are paying below-market value for the home or property,
Section 2302(d)(3) sale amount restrictions for any abandoned or foreclosed upon home or
residential property purchased, redeveloped, or otherwise sold to an individual as a primary residence
to an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or
property up to a decent, safe, and habitable condition, and
Section 2301(f)(3) affordability requirements as stipulated in 24 CFR 92 252 for rental housing units
or 24 CFR 92 254 for owner-occupied housing units or for along r period of time if practicable,
CTED/Local Government Agreement for Federal Funds 1
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
4. AGREEMENT MANAGEMENT
The Representative for each of the parties identified on the Face Sheet of this Agreement shall be
responsible for and shall be the contact person for all communications and billings regarding the
performance of this Agreement
S. ANTI-LOBBYING CERTIFICATION AND DISCLOSURE FORM
Contractor, defined as the primary participant and its principals, certifies by signing these
Special Terms and Conditions that:
A No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
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. The above provisions will be met if the grant award from CTED exceeds $100,000 and will further
ensure that their provisions are included in any sub grant, contract, and subcontracts exceeding
$100,000 of grant funds
6. BILLING PROCEDURES AND PAYMENT
CTED will pay the Contractor for allowable expenses tied to approved project activities according to
Attachment A, Statement of Work and Budget
Invoices must be submitted on a Washington State Invoice Voucher form The voucher form must
report all federal funds on hand as of the pate of submittal Any cash on hand must be subtracted
from the amount of funds requested Program income earned dut ing the reporting period must also
be deducted from the amount requested
Invoices shall be mailed to
The Department of Community,Trade and Economic Development
Local Government Division
128 - 10th Avenue SW
P O Box 42525
Olympia Washington 98504-2525
Attention Contracts Administration Unit(CAU) Project Manager
Invoices shall describe and document, to CTED's satisfaction, the work performed, the progress of
the project, and fees The invoice shall include the Agreement number If expenses are invoiced,
provide a detailed breakdown of each type A receipt must accompany any single expenses in the
amount of$50 00 or more in order to receive reimbursement
Payment shall be considered timely if made by CTED within thirty (30) calendar days after receipt of
properly completed invoices Payment shall be sent to the address designated by the Contractor
CTED may, in its sole discretion, terminate the Agreement or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Agreement, including completion of the Environmental Review and the release of
funds (if applicable) No payments in advance or in anticipation of services or supplies to be provided
under this Agreement shall be made by CTED
7. CLOSEOUT
The CTED will advise the Contractor to initiate closeout procedures when there are no impediments
to closing and the following criteria have been met or soon will be met
A All costs have been incurred with the exception of closeout costs and any unsettled third-party
claims against the Contractor Costs are incurred when goods and services are received or
contract work is performed
CTED/Local Government Agreement for Federal Funds 2
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
B. The Contractor has held a public hearing to review program performance
C. The Contractor has submitted the final Closeout Performance Report Failure to submit a report
will not preclude the CTED from effecting closeout if it is deemed to be in the state's interest
Any excess grant amount in the Contractor's possession shall be returned in the event of failure
to finish or update the report
D. Other responsibilities of the Contractor under this Agreement and any closeout Agreement and
applicable laws and regulations appear to have been carried out satisfactorily or there is no
further state interest in keeping the grant open for the purpose of securing performance
8. ENVIRONMENTAL REVIEW
General Purpose, Housing Enhancement, Neighborhood Stabilization, and Recovery Grants
Funding in excess of the amount stipulated in Attachment C, Letter to Incur Costs, shall not
be released to a Contractor by CTED until the following conditions are met
A. The Contractor must prepare an environmental assessment of the project and make a finding
of environmental impact A notice of this finding must be published along with a notice of the
Contractor's intent to request release of funds for the project unless the project is exempt from
the publication requirements as described The Contractor must allow a seven (7) or fifteen
(15) day period for public review and comment following publication of the notices unless
exempt under the National Environmental Policy Act(NEPA) and the Washington State
Environmental Policy Act (SEPA) When this review and comment period expires, the
Contractor may, after considering any comments received, submit a request for release of
funds to CTED Upon receipt of the request, CTED must allow a fifteen (15) day period for
public review and comment When CTED's public review and comment period expires, CTED
may after considering any comments received, formally notify the Contractor in writing of the
release of federal funds for the project
B. This special condition is satisfied when the Contractor completes the environmental review and
request for release of funds from CTED The special condition is effectively removed on the
date CTED provides the Contractor with written notice of release of funds
Imminent Threat Grants
Funding shall not be released to an Imminent Threat grant recipient until the following conditions
are met The Contractor assures that assisted activities are for temporary or permanent
improvements limited to the protection, repair or arrest of imminent threats to public heal',h and
safety or physical deterioration The Contractor further assures that assisted activities will result
in either no change or minimal change in the environmental conditions that existed prior to the
emergency In addition, the Contractor assures it will document, in writing, rs determination that
each activity or protect is exempt and meets the conditions specified for such exemption under
Section 58 34 of 24 CFR, Environmental Review Procedures for Title I CDBG Programs In
cases where Contractors must take action immediately, or within a time too short to allow full
SEPA compliance, to avoid an imminent threat to public health or safety, to prevent an imminent
danger to public or private property, or to prevent an immediate threat of serious environmental
degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880
Planning-Only and Public Services Grants
Funding shall not be released to a Planning-Only or Public Services grant recipient until the
following conditions are met The Contractor assures that assisted activities are exempt under
NEPA(24 CFR 58 32) and categorically exempt under SEPA (RCW 43 21 C 110) The
Contractor further assures that the activities do not come under the purview of any other federal,
state, and known local environmental laws, statutes, regulations or executive orders In addition,
the Contractor assures it will document, in writing, its determination that each activity or project is
exempt and meets the conditions specified for such exemption under('NEPA) 24 CFR 58 34(3)
(for POG) or 58 34(4) (for PS) and (SEPA) WAC 197-11-800 (for POC) or WAC 197-11-303 (for
PS)
Float-Funded Activity Grants
CTED/Local Government Agreement for Federal Funds 3
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Funding shall not be released to a Float-Funded Activity grant recipient until the following
conditions are met
A. If the Contractor completed a CDBG environmental review for the project under a previous
CDBG and has written notification from CTED of the release of federal funds under that
grant, the Contractor must provide a Letter of Continuation notifying CTED that the
environmental review requirements have been met The Letter of Continuation must
reference the grant under which CDBG environmental review requirements were met It must
also confirm that the protect scope has not changed and no additional environmental review
activities are required
B. If the Contractor has not completed a CDBG environmental review for the project under a
previous grant, it must meet the same conditions required for that grant as described in this
Environmental Review clause
9. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS
The Contractor agrees to comply with the applicable requirements of 24 CFR 570 2000) Housing and
Urban Development Department (HUD)
10. INSURANCE
The Contractor shall provide insurance coverage as set out in this section The intent of the required
insurance is to protect CTED should there be any claims, suits, actions, costs damages or expenses
arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or
agents of either, while performing under the terms of this Agreement
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy All policies shall be primary to any other valid and collectable
insurance The Contractor shall instruct the insurers to give CTED thirty (30) calendar days advance
notice of any insurance cancellation, non-renewal or modification
The Contractor shall submit to CTED within fifteen (15) calendar days of the Agreement start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section
During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty
(30) calendar days prior to expiration of each policy required under this section
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Agreement, as follows
Commercial General Liability Insurance Policy Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Agreement activity but no less than
$1,000 000 per occurrence Additionally, the Contractor is responsible for ensuring that any
Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts
Automobile Liability In the event that performance pursuant to this Agreement involves the use
of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability
insurance shall be required The minimum limit for automobile liability is $1 000,000 per
occurrence using a Combined Single Limit for bodily injury and property damage
Professional Liability, Errors and Omissions Insurance The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
licensed staff employed or under contract to the Contractor The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy
Fidelity Insurance Every officer, director, employee or agent who is authorized to act on behalf
of the Contractor for the purpose of receiving or depositing funds into program accounts or
CTED I Local Government Agreement for Federal Funds 4
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
issuing financial documents, checks or other instruments of payment for program costs shall be
insured to provide protection against loss
A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the
highest of planned reimbursement for the Agreement period whichever is lowest Fidelity
insurance secured pursuant to this paragraph shall name CTED as beneficiary
B. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall
secure fidelity insurance as noted above Fidelity insurance secured by Subcontractors
pursuant to this paragraph shall name the Contractor as beneficiary
C. The Contractor shall provide at CTED's request, copies of insurance instruments or
certifications from the insurance issuing agency The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that CTED will be provided thirty (30) days advance written notice of
cancellation
Additional Provisions:
Above insurance policy shall include the following provisions
1. Additional Insured The state of Washington, CTED, its elected and appointed officials, agents
and employees shall be named as an additional insured on all general liability, excess, umbrella
and property insurance policies All insurance provided in compliance with this Agreement shall
be primary as to any other insurance or self-insurance programs afforded to or maintained by the
State
2. Identification The policy must reference CTED's Agreement number and the State agency
name
3. Insurance Carrier Rating All insurance and bonds should be issued by companies admitted to
do business w,thin the state of Washington and have a rating of A-, Class VII or better in the most
recently published edition of Best's Reports Any exception shall be reviewed and approved by
CTED's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is
accepted or work may begin If an insurer is not admitted, all insurance policies and procedures
for issuing the insurance policies must comply with Chapter 48 15 RCW and 284-15 WAC
4 Excess Coverage By requiring insurance herein, CTED does not represent that coverage and
limits will be adequate to protect Contractor and such coverage and limits shall no: limit
Contractors liaeility under the indemnities and reimbursements granted to CTED in this
Agreement
Local Government Contractors that Participate in a Self-Insurance Program
Self-Insured/Liability Pool or Self-Insured Risk Management Program —With prior approval from
CTED, the Contractor may provide the coverage above under a self-insured/liability pool or self-
insured risk management program In order to obtain permission from CTED, the Contractor shall
provide (1) a description of its self-insurance program, and (2) a certificate an/or letter of coverage
that outlines coverage limits and deductibles All self-insured risk management programs or self-
insured/liability pool financial reports must comply with Generally Accepted Accounting Principles
(GAAP) and adhere to accounting standards promulgated by 1) Governmental Accounting Standards
Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State
Auditor's annual instructions for financial reporting Contractor's participating in joint risk pools shall
maintain sufficient documentation to support the aggregate claim liability information reported on the
balance sheet The state of Washington, its agents, and employees need not be named as additional
insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties
as additional insured
Contractor shall provide annually to CTED a summary of coverages and a letter of self insurance,
evidencing continued coverage under Contractor's self-insured/liability pool or self-insured risk
CTED/Local Government Agreement for Federal Funds 5
SPECIAL TERMS AND CONDITIONS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
management program Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement
11. SUBCONTRACTS FOR ENGINEERING SERVICES
Engineering firms must certify that they are authorized to do business in the state of Washington and
are in full compliance with the requirements of the Board of Professional Registration The Contractor
shall require that professional services providers be covered by errors and omissions insurance in an
amount not less than the amount of the firm's subcontract If the firm is unable to obtain errors and
omissions insurance, the firm shall post a bond with the Contractor for not less than the amount of the
subcontract Such insurance or bond shall remain in effect for the entire term of the subcontract The
subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the
subcontract shall constitute a material breach of the subcontract and cause for subcontract
termination The Contractor shall cause the subcontractor to provide 30-day notice of cancellation If
the engineering firm is also the protect administrator, the Contractor shall require that the bond or
insurance shall be for not less than the amount of the entire CDBG protect
12. PROGRAM INCOME
Program income, as defined in 24 CFR 570 489(e), retains federal identity and will be used before
drawing additional CDBG or NSP funds to complete activities included in the Statement of Work The
Contractor must maintain records of program income received and expended, and annually report
program income received after closeout of this Agreement, if the total amount of program income
received in a single year equals or exceeds $25,000 Program Income shall be used to continue the
same activities to benefit low-and moderate-income persons or, with CTED-approval, for other
activities to benefit low- and moderate-income persons Interest earned on CDBG or NSP funds in
excess of$100 must be remitted to CTED for return to the U S Treasury
13 REPORTS
The Contractor, at such times and in such forms as CTED may require, shall furnish periodic reports
pertaining to the activities undertaken pursuant to this Agreement These reports may include
environmental review records, publication affidavits, procurement and contracting records,
documentation of compliance with HUD civil rights requirements, lob creation records, program
income reports, reports of the costs and obligations incurred in connection therewith, the final
closeout report, and any other matters covered by this Agreement
14. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving
precedence in the following order
• Applicable federal and state of Wasnington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Statement of Work and Budget
s
CTED 1 Local Government Agreement for Federal Funds E
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor
C. TTED" shall mean the Department of Community, Trade and Economic Development or its
successor agency
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers driver license numbers other identifying numbers, and any financial identifiers
E. "State" shall mean the state of Washington
F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor The
terms"subcontractor" and "subcontractors" mean subcontractor(s) in any tier
2. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties No other
understandings, oral or otherwise regarding the subject matter of this Agreement shall be deemed to
exist or to bind any cf the parties hereto
1 AMENDMENTS
This Agreement may be amended by mutual agreement of the parties Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties
4. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the Contractor without prior written consent of CTED
5 ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs
6. AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Subcontractors also maintain auditable records
The Contractor is responsible for any audit exceptions incurred by its own organization or that of
its Subcontractors
CTED reserves the right to recover from the Contractor all disallowed costs resulting from the
audit
CTED/Local Government Agreement for Federal Funds
GENERAL TERMS AND CONDITIONS
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report The Contractor must respond to CTED requests for information or
corrective action concerning audit issues within thirty (30) days of the date of request
B. Federal Funds Requirements -OMB CircularA-133 Audits of States. Local Governments
and Non-Profit Organizations
Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct
and indirect, are required to have an audit conducted in accordance with Office of Management
and Budget(OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non-Profit
Organizations " Revised OMB A-133 requires the Contractor to provide the auditor with a
schedule of Federal Expenditure for the fiscal year(s) being audited The Schedule of State
Financial Assistance must be included Both schedules include
Grantor agency name
Federal agency
Federal program name
Other identifying agreement numbers
Catalog of Federal Domestic Assistance (CFDA) number
Grantor agreement number
Total award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct
the audit Audits of non-profit organizations are to be conducted by a certified public accountant
selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations "
The Contractor shall include the above audit requirements in any subcontracts
In any case, the Contractor's financial records must be available for review by CTED
C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB
Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s) to
Department of Community Trade and Economic Development
ATTN Audit Review and Resolution Office
906 Columbia Street SW, Fifth Floor
PO Box 48300 -
Olympia WA 98504-8300
• Corrective action plan for audit findings within three (3) months of the audit being
received by CTED
• Copy of the Management Letter
CTED 1 Local Government Agreement for Federal Funds 2
GENERAL TERMS AND CONDITIONS
7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A Contractor, defined as the primary participant and it principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief that they•
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency
2. Have not within a three-year period preceding this Agreement, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft forgery, bribery, falsification or destruction of records, making false statements, tax
evasion receiving stolen property, making false claims or obstruction of justice,
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this section, and
4. Have not within a three-year period preceding the signing of this Agreement had one or more
public transactions (Federal State, or local)terminated for cause of default
B. Where the Contractor is unable to certify to any of the statements in this Agreement, the
Cont~actor shall attach an explanation to this Agreement
C. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by CTED
D. The Contractor further agrees by signing this Agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transacton " as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency
b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement,
such contractor shale attach an explanation to this Agreement
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
ruses implementing Executive Order 12549 You may contact CTED for assistance in obtaining a
copy of these regulations
8. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes
1. All material provided to the Contractor by CTED that is designated as "confidential" by
CTED,
2. All material produced by the Contractor that is designated as 'confidential" by CTED, and
CTED/Local Government Agreement for Federal Funds 3
GENERAL TERMS AND CONDITIONS
3. All Personal Information in the possession of the Contractor that may not be disclosed under
state or federal law "Personal Information" includes but is not limited to information related to
a person's name health, finances, education, business, use of government services,
addresses, telephone numbers social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA)
B The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale or disclosure of Confidential Information The Contractor shall use Confidential Information
solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of CTED or as
may be required by law The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto Upon request,
the Contractor shall provide CTED with its policies and procedures on confidentiality CTED may
require changes to such policies and procedures as they apply to this Agreement whenever
CTED reasonably determines that changes are necessary to prevent unauthorized disclosures
The Contractor shall make the changes within the time period specified by CTED Upon request,
the Contractor shall immediately return to CTED any Confidential Information than CTED
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure
C. Unauthorized Use or Disclosure The Contractor shall notify CTED within five(5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure
9. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law
10. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Agreement shall be considered "works
for hire" as defined by the U S Copyright Act and shall be owned by CTED CTED shall be
considered the author of such Materials In the event the Materials are not considered "works for
hire" under the U S Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights moral rights, and rights of publicity to
CTED effective from the moment of creation of such Materials
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions "Ownership" includes the right to copyright patent, register and the
ability to transfer these rights
For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not
produced under the Agreement the Contractor hereby grants to CTED a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to CTED
The Contractor shall exert all reasonable effort to advise CTED, at the time of delivery of Materials
furnished under this Agreement, of all known or potential invasions of privacy contained therein and
of any portion of such document which was not produced in the performance of this Agreement The
Contractor shall provide CTED with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Agreement CTED shall
have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor
CTED 1 Local Government Agreement for Federal Funds 4
GENERAL TERMS AND CONDITIONS
11. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors
12. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director
of CTED, who may designate a neutral person to decide the dispute
The request for a dispute hearing must
• be in writing,
• state the disputed issues,
• state the relative positions of the parties,
• state the Contractor's name, address, and Agreement number, and
• be mailed to the Director and the other party's (respondent's)Agreement Representative
within three (3) working days after the parties agree that they cannot resolve the dispute
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)working days
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days The Director or designee may extend this period if necessary by notifying the
parties
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding
The parties agree that this dispute process shall precede any action in a judicial or quasi-ludicia'
tribunal
Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above
13. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source
14. ETHICS/CONFLICTS OF INTEREST
In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public
Service Act (Chapter 42 52 RCW) and any other applicable state or federal law related to ethics or
conflicts of interest
15 GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County
16. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, CTED, all other agencies of the state and all officers, agents and employees of
the State, from and against ail claims or damages for injuries to persons or property or death arising
out of or inccdent to the Contractor's performance or failure to perform the Agreement
The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by
CTED/Local Government Agreement for Federal Funds 5
GENERAL TERMS AND CONDITIONS
the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees,
or representatives
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the State or its agents, agencies, employees and officers
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,
CTED, the state of Washington, its officers employees and authorized agents
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the State and its agencies, officers, agents or employees
17. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or CTED The Contractor will not hold itself out as or claim to be an officer
or employee of CTED or of the state of Washington by reason hereof, nor will the Contractor make
any claim of right, privilege or benefit which would accrue to such officer or employee under law
Conduct and control of the work will be solely with the Contractor
18. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, CTED may collect from the Contractor the full
amount payable to the Industrial Insurance Accident Fund CTED may deduct the amount owed by
the Contractor to the accident fund from the amount payable to the Contractor by CTED under this
Contract, and transmit the deducted amount to the Department of Labor and Industries (L&I) Division
of Insurance Services This provision does not waive any of L&I's Fights to collect from the
Contractor
19. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to
United States Laws, Regulations and Circulars (Federal)
A. Audits
Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local
Governments, and Non-Profit Organizations "
B. Labor and Safety Standards
Convict Labor, 18 U S C 751, 752, 4081 4082
Drug-Free Workplace Act of 1988, 41 USC 701 et seq
Federal Fair Labor Standards Act, 29 U S C 201 et seq
Work Hours and Safety Act of 1962, 40 U S C 327-330 and Department of Labor Regulations, 29
CFR Part 5
C. Laws against Discrimination
Age Discrimination Act of 1975 Public Law 94-135, 42 U S C 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs
Americans with Disabilities Act of 1990, Public Law 101-336
Equal Employment Opportunity Executive Order 11246, as amended by Executive Order 11375
and supplemented in U S Department of Labor Regulations 41 CFR Chapter 60
CTED/ Local Government Agreement for Federal Funds 6
a
GENERAL TERMS AND CONDITIONS
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102
Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29
US C 793
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504,
29USC 794
Minority Business Enterprises, Executive Order 11625, 15 U S C 631
Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551
Nondiscrimination and Equal Opportunity, 24 CFR 5 105(a)
Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42
U S C 2002d et seq, 24 CFR Part 1
Nondiscrim,nation in employment, Title VI of the Civil Rights Act of 1964, Public Law 88-352
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U S C 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR
570 607(b))
D. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB CircularA-87, 2 CFR, Part
225
Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Contractor is a nonprofit
organization)
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if
the Contractor is a local government or federally recognized Indian tribal government)
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-11 C
E. Other
Anti-Kickback Act, 18 U S C 874, 40 U S C 276b, 276c 41 U S C 51-54
Governmental Guidance for New Restrictions on Lobbying, Interim Final Guidance, Federal
Register 1, Vol 54, No 2431Wednesday, December 20, 1989
Hatch Political Activity Act, 5 U S C 1501-8
Internal Revenue Service Rules, August 31, 1990
Lobbying and Disclosure, -12 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying
Amendment) 31 U S C 1352 provides that contractors who apply or bid for an award c`$100,000
or more must file the required certification Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or other award covered by 31 U S C 1352 Each tier must disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award Such disclosures are forwarded from tier to tier up to the recipient
Non-Supplanting Federal Funds
Section 8 Housing Assistance Payments Program
F. Privacy
Privacy Act of 1974, 5 U S C 552a
CTED/Local Government Agreement for Federal Funds 7
GENERAL TERMS AND CONDITIONS
Washington State Laws and Regulations
A. Affirmative action, RCW 41 06 020 (11)
B. Boards of directors or officers of non-profit corporations—Liability- Limitations, RCW 4 24 264
C. Disclosure-campaign finances-lobbying, Chapter 42 17 RCW
D. Discrimination-human rights commission, Chapter 49 60 RCW
E. Ethics in public service, Chapter 42 52 RCW
F. Office of minority and women's business enterprises, Chapter 39 19 RCW and Chapter 326-02
WAC
G. Open public meetings act, Chapter 42 30 RCW
H. Public records act, Chapter 42 56 RCW
I. State budgeting, accounting, and reporting system, Chapter 43 88 RCW
20. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract
21 LIMITATION OF AUTHORITY
Only the Authorized Representative or Authonzed Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract
22 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Contractor shall comply with all federal, state, and
local nondiscrimination laws, regulations and policies In the event of the Contractor's non-compliance
or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible
for further Agreements with CTED The Contractor shall, however, be given a reasonable time in
which to cure this noncompliance Any dispute may be resolved in accordance with the"Disputes"
procedure set forth herein
23. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42 17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office
24. PREVAILING WAGE LAWS
All contractors and subcontractors performing work on a construction project funded through this
agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing
wages according to
State Prevailing Wages on Public Works, Chapter 39 12 RCW, as applicable to the Protect funded by
this agreement, including but not limited to the filing of the "Statement of Intent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39 12 040 The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39 12 RCW, and shall make such records
available for CTED's review upon request, or
The Davis Bacon Act, 40 U S C 276a-276a-5 and related federal acts provide that all laborers and
mechanics employed by contractors or subcontractors in the performance shall be paid wages at
CTED I Local Government Agreement for Federal Funds 8
GENERAL TERMS AND CONDITIONS
rates not less than those prevailing on similar construction in the locality as determined by the
Secretary of Labor
25 PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative
Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this
Agreement
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit
Agencies, for all purchases funded by this Agreement
The Contractor's procurement system should include at least the following
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition
3. Minimum procedural requirements, as follows
a Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items
b Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items
c Positive efforts shall be made to use small and minority-owned businesses
d The type of procuring instrument (fixed price cost reimbursement) shall be determined by
the Contractor, but must be appropriate for the particular procurement and fe-promouna
the best interest of the program involved
e Contracts shall be made only with reasonable subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement
f Some form of price or cost analysis should be performed in connection with every
procurement action
o Procurement records and files for purchases shall include ail of the following
1) Contractor selection or rejection
2) The basis for the cost or price
3) Justification for lack of competitive bids if offers are not obtained
In A system for Agreement administration to ensure Contractor conformance with terms,
conditions and specifications of this Agreement, and tc ensure adequate and timely
follow-up of all purchases
4. Contractor and Subcontractor must receive prior approval from CTED for using funds from
this Agreement to enter into a sole source Agreement or an Agreemen+where only one bid or
proposal is received when value of this Agreement is expected to exceed $5,000
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable
26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds providad under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
CTED! Local Government Agreement for Federal Funds 9
GENERAL TERMS AND CONDITIONS
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs
27. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or CTED's name is mentioned or language used from which the connection with the
state of Washington s or CTED's name may reasonably be inferred or implied, without the prior
written consent of CTED
28. RECAPTURE
In the event that the Contractor fads to perform this Agreement in accordance with state laws, federal
laws, and/or the provisions of this Agreement, CTED reserves the right to recapture funds in an
amount to compensate CTED for the noncompliance in addition to any other remedies available at
law or in equity
29 RECORDS MAINTENANCE
The Contractor shall maintain all books records, documents, data and other evidence relating to this
Agreement and performance of the services described herein including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Agreement Contractor shall retain such records for a
period of six years following the date of final payment
If any litigation, claim or audit is started before the expiration of the six (6)year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved
30 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion, CTED may terminate the
Agreement under the "Termination for Convenience" clause, without the ten calendar day notice
requirement In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and conditions
32. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall
be held invalid such invalidity shall not affect the other provisions of this Agreement that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared
to be severable
33. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of CTED
If CTED approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts For cause,
CTED in writing may (a) require the Contractor to amend its subcontracting procedures as they relate
CTED/Local Government Agreement for Federal Funds 10
GENERAL TERMS AND CONDITIONS
to this Contract, (b) prohibit the Contractor from subcontracting with a particular person or entity, or
(c) require the Contractor to rescind or amend a subcontract
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract The
Contractor is responsible to CTED if the Subcontractor fads to comply with any applicable term or
condition of this Contract The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to CTED for any breach in the
performance of the Contractor's duties
Every subcontract shall include a term that CTED and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract
34. SURVIVAL
The terms, conditions, and warranties contained in this Agreement that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Agreement
shall so survive
35 TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor
36 TERMINATION FOR CAUSE/SUSPENSION
In event CTED determines that the Contractor failed to comply with any term or condition of this
Agreement, CTED may terrrinate the Agreement in whole or in part upon written notice to the
Contractor Such termination shall be deemed "for cause 'Termination shall take effect on the date
specified in the notice
In the alternative, CTED upon written notice may allow the Contractor a specific period of time in
which to correct the non compliance During the corrective-action time period, CTED may suspend
further payment to the Contractor in whole or;n part, or may restrict the Contractor's right to perform
duties under this Agreement Failure by the Contractor to take timely corrective action shall allow
CTED to terminate the Agreement upon written notice to the Contractor
"Termination for Cause" shall be deemed a "Termination for Convenience"when CTED determines
that the Contractor did not fail to comply with the terms of the Agreement or when CTED determines
the failure was not caused by the Contractor's actions or negligence
If the Agreement is tenrinated for cause, the Contractor shall be liable for damages as authorized by
law, including, but not limited to, any cost difference between the original Agreement and the
replacement Agreement, as well as all costs associated witn entering into the replacement
Agreement (i e , competitive bidding, mailing, advertising, and staff time)
37 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement CTED may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part If this
Agreement is so terminated, CTED shall be liable only for paymer,t required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination
38 TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by CTED, the Contractor shall
A. Stop work under the Agreement on the date, and to the extent specified, in the notice,
B. Place no further orders or subcontracts for materials, services, or facilities related to the
Agreement,
CTED/Local Government Agreement for Federal Funds d 1
GENERAL TERMS AND CONDITIONS
C. Assign to CTED all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case CTED has the right, at its discretion, to settle or pay
any or all claims arising out of the termination of such orders and subcontracts Any attempt by
the Contractor to settle such claims must have the prior written approval of CTED, and
D. Preserve and transfer any materials, Agreement deliverables and/or CTED property in the
Contractor's possession as directed by CTED
Upon termination of the Agreement, CTED shall pay the Contractor for any service provided by the
Contractor under the Agreement prior to the date of termination CTED may withhold any amount
due as CTED reasonably determines is necessary to protect CTED against potential loss or liability
resulting from the termination CTED shall pay any withheld amount to the Contractor if CTED later
determines that loss or liability will not occur
The rights and remedies of CTED under this section are in addition to any other rights and remedies
provided under this Agreement or otherwise provided under law
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach Any waiver shall not be construed to be a modification of the terms of this Agreement unless
stated to be such in writing and signed by Authorized Representative of CTED
CTED/Local Government Agreement for Federal Funds 12
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ATTACHMENT B
STATE AND FEDERAL
REQUIREMENTS AND ASSURANCES
In addition to laws listed in the general terms and conditions of this Agreement, the Grantee
assures compliance with the following regulations as they pertain to the local project
Contact the State if you want assistance in obtaining a copy of these regulations
A. HOUSING AND COMMUNITY DEVELOPMENT
1. Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U S C 3601 et seq ),
commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing
Amendments Act of 1988 (P L 100-430)
2. Executive Order 11063, as amended by Executive Order 12259 (24 CFR Part 107)
3. The Housing and Community Development Act of 1974, as amended through 1992
Sections 109, 104 (b) 4, 104 (d), and 104 (1), which prohibit discrimination and require
identification of housing and community development needs, a "residential anti-
displacement and relocation assistance plan", and adoption and enforcement of policies
prohibiting the use of excessive force
4. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U S C 4630) as amended in 1989)
5. Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U S C 4831 b)
6. Public Law 110-289, section 3, "Emergency Assistance for the Redevelopment of
Abandoned and Foreclosed Homes" (also referred to as the Neighborhood Stabilization
Program), of the Housing and Economic Recovery Act, 2008 (Docket No FR-5255-1-
01)
7. The American Recovery and Reinvestment Act of 2009
B. LABOR
1. Davis-Bacon Act, as amended (40 U S C 3141 et seq )
2. Prohibition of Use of CDBG for Job-Pirating Activities, 24 CFR Part 570 482(f), revised
June 2006
C. ENVIRONMENTAL AND CULTURAL
1. The National Environmental Policy Act of 1969 (NEPA) (42 U S C Section 4321 et seq ,
and 24 CFR Part 58)
2. The Clean Air Act, as amended (42 U S C 7401 et seq )
3. HUD Environmental Criteria and Standards (24 CFR Part 51)
4. Executive Order 11990, May 24, 1977, as amended by Executive Order 11990,
Protection of Wetlands (42 FR 26961 et seq )
5. The Wild and Scenic Rivers Act of 1968, as amended (16 U S C 1271 et seq )
6. Executive Order 11988, May 24, 1977 Floodplain Management and Wetland Protection
(42 FIR 26951 et seq )
7 Coastal Zone Management Act of 1972, as amended (16 U S C 1451 et seq )
8. The Endangered Species Act of 1973, as amended (16 U S C 1531 et seq )
9. The Reservoir Salvage Act of 1960, as amended by the Archaeological and Historic
Preservation Act of 1974 (16 U S C 469 et seq )
10. The Safe Drinking Water Act of 1974, as amended (42 U S C 300f et seq , 21 U S C
349, as amended, and 40 CFR Part 149 (Environmental Protection Agency)),
11. The Federal Water Pollution Control Act of 1972, as amended, including the Clean
Water Act of 1977, Public Law 92-212 (33 U S C Section 1251 et seq )
12. The Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976 (42 U S C Section 6901 et seq )
13. The Fish and Wildlife Coordination Act of 1958, as amended (16 U S C Section 661 et
seq )
14. The National Historic Preservation Act of 1966 (16 U S C 470)
16. The Archaeological and Historical Data Preservation Act of 1974 (16 U S C 469a-1 et
seq )
16 Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971
17. Farmland Protection Policy Act of 1981 (7 U S C 4201 et seq and 7 CFR Part 658)
18 Environmental Justice (Executive Order 12898), as amended by Executive Order 12948
19. Explosive and Flammable Operations (Section 2 of the Housing Act of 1949, as
amended (42 U S C 1441), Section 7(d) of the Dept HUD Act of 1965 (42 U S C
3535(d)), Section 2 of the Housing and Urban Development Act of 1969 (42 U S C
1441(a)), and 24 CFR Part 51 Subpart C)
20. Airport Clear Zones and Accident Potential Zones (Section 2 of the Housing Act of 1949
as amended (42 U S C 1441), affirmed by Section 2 of the Housing and Urban
Development Act of 1969, P L No 90-448, Section 7(d) of the Dept HUD Act of 1965
(42 U S C 3535(d)), and 24 CFR Part 51 Subpart D)
21. Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response,
Compensation, and Liability Act of 19 ,0 as amended by Superfund Amendments and
Reauthorization Act and 24 GFR 58 5(1))
22. Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency—40 CFR Parts 6, 51, and 93)
STATE
1. Relocation Assistance and Real Property Acquisition Policy, Chapter 8 26 RCW
2. Prevailing Wages on Public Works, Chapter 39 12 RCW
3. State Environmental Policy Act (SEPA), Chapter 43 21 C RCW
4. State Building Code, Chapter 19 27 RCW, Energy Related Budding Standards, Chapter
19 27A RCW, and Provisions in Buildings for Aged and Handicapped Persons, Chapter
70 92 RCW
5. Interlocal Cooperation Act, Chapter 39 34 RCW
6. State Environmental Policy Act (SEPA), Chapter 43 21(C) RCW
7. Noise Control, Chapter 70 107 RCW
8. Shoreline Management Act of 1971, Chapter 90 58 RCW
9. Governor's Executive Order 89-10, December 11, 1989 Protection of Wetlands, and
Governor's Executive Order 90-04, April 21, 1990 Protection of Wetlands
�aq,STATF 0�
• . mod
Vey F. y�� •a
SiATE;O WASH[NSit
-F '
btPARTMENTOY-C(4MNkUNITY'-IrP,,i�EAND;E 6KO&4IC _
'Y28- 106 Avenue SW•Po Box 42525* � � '
Oly is"W-ashington,98504 2525 • (3600`�725-4090=
February 23, 2009
The Honorable Suzette Cooke
Mavor of Kent
220 4th Avenue South
Kent, OVA 98032
Dear Mayor Cooke•
I am pleased to inform you that the Department of Community. Trade and Economic Development
(CTED) is awarding up to $475,264 to fund Neighborhood Stabilization Program(NSP) activities
in the City of Kent. This award is contingent upon CTED's receipt of the Neighborhood
Stabilization Program agreement from the U. S Department of Housing and Urban Development =
(HUD).
This letter allows the City of Kent to begin incurring costs as of February 18, 2009, in an amount
not to exceed ten percent of the award for the following activities needed to begin your project and
not requiring an environmental review.
• Administration: including staffing, travel and other administrative expenses,
• Preliminary environmental studies and review of 24 CFR 58 5 laws and authorities including
Section 106 of the National Historic Preservation Act of 1996,
• Preliminary engineering feasibility studies to the extent needed for environmental assessment,
and
• Subrecipient agreements or professional service contracts for any of the above activities.
All eligible costs will be reimbursed by CTED after an interlocal agreement between the CTED and
the City of Kent has been formally executed and an environmental review is complete. All costs to
be reimbursed must comply with applicable state and federal requirements
t
Costs for activities that require an environmental review cannot be incurred, nor can HUD or Non-
HUD funds be committed(Refer to 24 CFR 58 22), until specific procedures required by the State
Environmental Policy Act (SEPA) and the National Environmental Policy Act(?v EPI%) have been
completed and the time period for public review, if applicable,has expired.
d
1
ThePTonorahe suzette Ct5oCe41 „ . IHIHIHY
E61bruary 23,xl
`i•ali ;',�h:„A%'$''s�"�`,`4:-y„Sifi�.'",+',`��' ,-..�4yi,�i'4<�r`ckt'^„=H'a C1'i,'��n"_wr'��4n`.^'u.r.sr_i�<;.,ri-.i•:,:v;r,E•.:,r.'l;,'-y,_i �-r,;'�'_+.f�^'"Y5.
G%
_
<
�?�•_��'''_` _ '�ti a_r'/•,'�i a��4, rfr.�„`='Fy'*: _ r,t• 4'JnS "�'_,', h�..��,;
�rrkn,`"`{'§r �
E Y3$:f1L ..� h.rfrtF'£�'r t Y --,.r-•.< :. °,.'` _1 S V. _ R� �f;�r_ ar•_ _ r ,
£pv,?€irtl s fishing an'ihterl"tical'dgreemcnt i`s'fof tfie`city;to" ti5iriai_its'i�ISP 1
a to
CTEn' which is due by ril 1, 2009 I expect'fhe ciy and state NSP staff ta'finalize aai interlo'6a1
agreement as quickly as possible and no later than July 1, 2009. Delays by-the city in executing'a
final agreement may lead to the rescission of this award In the event the grant award is rescinded,
the resources will be redirected to an eligible Neighborhood Stabilization Progiam project that is
ready to proceed.
I congratulate you and your staff for your etlorts thus far If you have any questions about this
letter or your award, please contact Bill Cole at (360) 725-3005 or via email at billc@cted.wa gov
We look forward to working with you on tars worthwhile project
Sincerely,
are _skin. sistant Director
Local Gove ent Division
cc: Dinah Wilson, CDBG Coordinator
k
i
1
f
)Y
i
EXHIBIT B
PUBLIC LAW 110-289-JULY 30, 2008
HOUSING AND ECONOMIC RECOVERY ACT
OF 2008
122 STAT 2850 PUBLIC LAW 110-289--DULY 30, 2008
"(2) OBLIGATION OR LIABILITY—The term 'obligation or
liability' includes an obligation or liability consisting of a mort-
gage, trust deed, or other security in the nature of a mortgage"
50 USC app 533 (c)Eli FECT:vE DATE, SUNSET—
note (1) EFFECTIVE DATE—The amendment made by subsection
(a) shall take effect on the date of enactment of this Act
(2) SUNSET—The amendments made by subsection (a) shall
expire en December 31, 2010 Effective January 1, 2011, the
provisions of subsections (b) and (c) of section 303 of the
Senicemembers Civil Relief Act, as in effect on the day before
the date of the enactment of this Act, are hereby revived
TITLE III-EMERGENCY ASSISTANCE
FOR THE REDEVELOPMENT OF ABAN-
DONED AND FORECLOSED HOMES
42 USC 5301 SEC. 2301 EMERGENCY ASSISTANCE FOR THE REDEVELOPMENT OF
note ABANDONED AND FORECLOSED HOMES.
(a) DIRECT APPROPRIATIONS—There are appropriated out of
any money in the Treasury not otherwise appropriated for the
fiscal year 2008, $4,000,000,000, to remain available unt.l expended,
for assistance to States and units of general local government
(as such terms are defined in section 102 of the Housing and
Community Development Act of 1974 142 U S C 5302)) for the
redevelopment of abandoned and foreclosed upon homes and resi-
dential properties
(b)ALLOCATION OF APPROPRIATED AMOUNTS—
State and (1) IN GENERAL—The amounts appropriated or otherwise
local made available to States and units of general local government
governments under this section shall be allocated based on a funding formula
established by the Secretary of Housing and Urban Develop-
ment(in this title referred to as the "Secretary")
Deadline (2)FORMULA TO BE DEVISED SWIFTLY—The funding formula
required under paragraph (1) shall be established not later
than 60 days after the date of enactment of this section
(3) CRITERIA—The funding formula required under para-
graph (1) shall ensure that any amounts appropriated or other-
wise made available under this section are allocated to States
and units of general local government With the greatest need,
as such need is determined in the discretion of the Secretary
based on—
(A) the number and percentage of home foreclosures
in each State or unit of general local government,
(B) the number and percentage of homes financed by
a subprime mortgage related loan in each State or unit
of general local government, and
(C) the number and percentage of homes in default
or delinquency in each State or unit of general local govern-
ment
Deadline (4) DISTRIBUTION—Amounts appropriated or otherwise
made available under this section shall be distributed according
to the funding formula established by the Secretary under
paragraph (1) not later than 30 days after the establishment
of such forinula
(C)USE OF FUNDS—
PUBLIC LAW 110-289—DULY 30, 2008 122 STAT. 2851
(1) IN GENERAL.—Any State or unit of general local govern- Deadline
ment that receives amounts pursuant to this section shall,
not later than 18 months after the receipt of such amounts,
use such amounts to purchase and redevelop abandoned and
foreclosed homes and residential properties
(2) PRIORITY—Any State or unit of general local govern- Urban and
ment that receives amounts pursuant to this section shall in rural areas
distributing such amounts give priority emphasis and consider-
ation to those metropolitan areas, metropolitan cities, urban
areas, rural areas, low- and moderate-income areas, and other
areas with the greatest need, including those—
(A) with the greatest percentage of home foreclosures;
(B) with the highest percentage of homes financed
by a subprime mortgage related loan, and
(C) identified by the State or unit of general local
government as likely to face a significant rise in the rate
of home foreclosures
(3) ELIGIBLE usEs—Amounts made available under this
section may be used to—
(A) establish financing mechanisms for purchase and
redevelopment of foreclosed upon homes and residential
properties, including such mechanisms as soft-seconds loan
loss reserves, and shared-equity loans for low- and mod-
erate-income homebuyers,
(B) purchase and rehabilitate homes and residential
properties that have been abandoned or foreclosed upon,
in order to sell, rent, or redevelop such homes and prop-
erties,
(C) establish land banks for homes that have been
foreclosed upon,
(D)demolish blighted structures, and
(E)redevelop demolished or vacant properties.
(d) LnIlTATIO S —
(1) ON PURCHASES.—Any purchase of a foreclosed upon Discounts
home or residential property under this section shall be at
a discount from the current market appraised value of the
home or property, taking into account its current condition,
and such discount shall ensure that purchasers are paying
below-market value for the home or property
(2) REHABILITATION—Any rehabilitation of a foreclosed-
upon home or residential property under this section shall
be to the extent necessary to comply with applicable laws,
codes, and other requirements relating to housing safety,
quality, and habitability, in order to sell, rent, or redevelop
such homes and properties Rehabilitation may include
improvements to increase the energy efficiency or conservation
of such homes and properties or provide a renewable energy
source or sources for such homes and properties
(3) SALE OF HOMES—If an abandoned or foreclosed upon
home or residential property is purchased, redeveloped, or
otherwise sold to an individual as a primary residence then
such sale shall be in an amount equal to or less than the
cost to acquire and redevelop or rehabilitate such home or
property up to a decent, safe, and habitable condition
(4)REINVESTMENT OF PROFITS—
(A) PROFITS FROM SALES, RENTALS, AND REDEVELOP-
MENT—
122 STAT. 2852 PUBLIC LAW 110-289-,IULY 30, 2008
(i) 5-YEAR REINVESTMENT PERIOD-During the 5-
year period following the date of enactment of this
Act, any revenue generated from the sale, rental,
redevelopment, rehabilitation, or any other eligible use
that is in excess of the cost to acquire and redevelop
(including reasonable development fees) or rehabilitate
an abandoned or foreclosed upon home or residential
property shall be provided to and used by the State
or unit of general local government in accordance with,
and in furtherance of, the intent and provisions of
this section
(n)DEPOSITS IN THE TREASURY—
(I) PROFITS.—Upon the expiration of the 5-
year period set forth under clause (i), any revenue
generated from the sale, rental, redevelopment,
rehabilitation, or any other eligible use that is
in excess of the cost to acquire and redevelop
(including reasonable development fees) or
rehabilitate an abandoned or foreclosed upon home
or residential property shall be deposited in the
Treasury of the United States as miscellaneous
receipts, unless the Secretary approves a request
to use the funds for purposes under this Act
(II) OTHER AMOUNTS.—Upon the expiration of
the 5-year period set forth under clause (i), any
other revenue not described under subclause (I)
ge-nerated from the sale, rental, redevelopment,
rehabilitation, or any other eligible use of an aban-
doned or foreclosed upon home or residential prop-
erty shall be deposited in the Treasury of the
United States as miscellaneous receipts
State and local (B) OTHER REVENUES—Any revenue generated under
governments subparagraphs (A), (C) or (D) of subsection (c)(3) shall
be provided to and used by the State of unit of general
local government in accordance with, and in furtherance
of, the intent and provisions of this section
State and local (e)RULES OF CONSTRUCTION—
governments (1) IN GENERAL—Except as otherwise provided by this
section, amounts appropriated, revenues generated, or amounts
otherwise made available to States and units of general local
government under this section shall he treated as though such
funds were community development block grant funds under
title I of the Housing and Community Development Act of
1974(42 U S C 5301 et seq 1
(2) NO MATCH—No matching funds shall be required in
order for a State or unit of general local government to receive
any amounts under this section
(f)AUTHORITY TO SPECIFY ALTERNATIVE REQUIREMENTS—
(1) IN GENERAL—In administering any amounts appro-
priated or otherwise made available under this section, the
Secretary may specify alternative requirements to any provision
under title I of the Housing and Community Development
Act of 1974 (except for those related to fair housing, non-
discrimination, labor standards, and the environment) in
accordance with the terms of this section and for the sole
purpose of expediting the use of such funds
PUBLIC LAW 110-289- DULY 30, 2008 122 STAT. 2853
(2) NOTICE—The Secretary shall provide written notice Deadline
of its intent to exercise the authority to specify a'ternative
requirements under paragraph (1) to the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representa-
tives not later than 10 business days before such exercise
of authority is to occur
(3) LOW AND MODERATE INCOME REQUIREMENT—
(A) IN GENERAL—Notwithstanding the authority of the
Secretary under paragraph(1}—
(i) all of the funds appropriated or otherwise made
available under this section shall be used with respect
to individuals and families whose income does not
exceed 120 percent of area median income, and
(n) not less than 25 percent of the funds appro-
priated or otherwise made available under this section
shall be used for the purchase and redevelopment of
abandoned or foreclosed upon homes or residential
properties that will be used to house individuals or
families whose incomes do not exceed 50 percent of
area median income
(B) RECURRENT REQUIREMENT.—The Secretary shall, Regulations
by rule or order, ensure, to the maximum extent practicable Orders
and for the longest feasible term, that the sale, rental,
or redevelopment of abandoned and foreclosed upon homes
and residential properties under this section remain afford-
able to individuals or families described in subparagraph
(A)
(g) PERIODIC AUDITS—In consultation with the Secretary of
Housing and Urban Development, the Comptroller General of the
United States shall conduct periodic audits to ensure that funds
appropriated, made available, or otherwise distributed under this
section are being used in a manner consistent with the criteria
provided in this section
SEC.2302.A'ATIONWDE)E DISTRIBUTION OF RESOURCES. 42 USC 5301
Notwithstanding any other provision of this Act or the amend- note
ments made by this Act, each State shall receive not less than
0 5 percent of funds made available under section 2301 (relating
to emergency assistar_ce for the redevelopment of abandoned and
foreclosed homes)
SEC 2303.LIMITATION ON USE OF FUNDS WITH RESPECT TO EMINENT 42 USC 5301
DOMAIN. note
No State or unit of general local government may use any
amounts received pursuant to section 2301 to fund any project
that seeks to use the power of eminent domain, unless eminent
domain is employed only for a public use Protaded, That for pur-
poses of this section, public use shall not be construed to include
economic development that primarily benefits private entities.
SEC.2304.LIMITATION ON DISTRIBUTION OF FUNDS. 42 USC 5301
(a) IN GENERAL—None of the funds made available under note
this title or title IV shall be distributed to
an organization which has been indicted for a violation
under Federal law relating to an election for Federal office,
or
(2) an organization which employs applicable individuals
122 STAT. 2854 PUBLIC LAW 110-289--IULY 30, 2008
(b)APPLICABLE INDIVIDUALS DEFINED—In this section, the zerm
"applicable individual"means an individual who—
(1)is—
(A) employed by the organization in a permanent or
temporary capacity,
(B) contracted or retained by the organization;or
(C) acting on behalf of, or with the express or apparent
authority of, the organization, and
(2) has been indicted for a violation under Federal law
relating to an election for Federal office
42 USC 5301 SEC.2305.COUNSELING INTERMEDIARIES.
note Notwithstanding any other provision of this Act, the amount
appropriated under section 2301(a) of this Act shall be
$3,920 000,000 and the amount appropriated under section 2401
Disadvantaged of this Act shall be $180,000,000 Provided, That of the amount
persons appropriated under section 2401 of this Act pursuant to this section,
not less than 15 percent shall be provided to counseling organiza-
tions that target counseling services regarding loss mitigation to
minority and low-income homeowners or provide such services in
neighborhoods with high concentrations of minority and low-income
Grants homeowners Provided further, That of amounts appropriated under
such section 2401 $30,000,000 shall be used by the Neighborhood
Reinvestment Corporation (referred to in this section as the "NRC")
to make grants to counseling intermediaries approved by the
Department of Housing and Urban Development or the NRC to
hire attorneys to assist homeowners who ha%e legal issues directly
related to the homeowner's foreclosure, delinquency or short sale
Such attorneys shall be capabh, of assisting homeowners of owner-
occupied homes with mortgages _,n default, in danger of default,
or subject to or at risk of foreclosure and who have legal issues
that cannot be handled by counselors already employed by such
Legal assistance intermediaries Provided further, That of the amounts provided
i)eadhne for in the prior provisos the NRC shall give priority consideration
to counseling intermediaries and legal organizations that(1) provide
legal assistance in the 100 metropolitan statistical areas (as defined
by the Director of the Office of Management and Budget) with
the highest home foreclosure rates, and (2) have the capacity to
begin using the financial assistance withir_ 90 days after receipt
of the assistance Provided further, That no funds provided under
this Act shall be used to provide, obtain, or arrange on behalf
of a homeowner, legal representation involving or for the purposes
of civil litigation Provided further, That the NRC, in awarding
counseling grants under section 2401 of this Act, may consider,
where appropriate whether the entity has implemented a written
plan for providing in-person counseling and for making contact,
including personal contact, with defaulted mortgagors, for the pur-
pose of providing counseling or providing information about avail-
able counseling
TITLE IV-HOUSING COUNSELING
RESOURCES
Appropriations SEC.2401.HOUSING COUNSELING RESOURCES
authorization There are appropriated out of any money in the Treasury
not otherwise appropriated for the fiscal year 2008, for an additional
EXHIBIT C
NEIGHBORHOOD STABILIZATION PROGRAM REIMBURSEMENT REQUEST
HABITAT FOR HUMANITY OF SEATTLE/SOUTH KING COUNTY: MOVE TO HOUSING PROJECT
REQUEST NUMBER
TO Dinah Wilson, City of Kent
Parks/Human Service Division FROM: Habit for Humanity
220 Fourth Avenue South 15439 53'6 Ave South, Suite B
Kent, WA 98032 Tukwila, WA 98188
253-856-5076 206-292-5240 X105
This voucher reimbursement request is for activities/services rendered under the Neighborhood Stabilization Program Agreement
identified as Project#NSP1001
Project Title Move to Housing
The costs as presented in this request were incurred between the time periods of:
to
I. REIMBURSEMENT REQUEST SUMMARY
COST CATEGORIES ORIGINAL REVISED TOTAL CUMULATIVE TO AWARD
BUDGET BUDGET REQUESTED DATE BALANCE
1 Real Property Acquisition
(submit Substantiating $300,000.00
Bills)i
2 Direct Homeownership $151,501.00
Assistance (Submit
Documentation)
3 Other(specify)
GRAND TOTAL
$451,501.00
II. ITEMIZED BILLING*
A. ACQUISITION:TOTAL BUDGET$300,000
DATE WORK PERFORMED AMOUNT
TOTAL:
1 Includes sub-recipient delivery costs Timesheets required for delivery costs
B. HOMEOWNER'S DOWN-PAYMENT ASSISTANCE (DPA):TOTAL BUDGET$151,501
DATE& PURPOSE DESCRIPTION AMOUNT
I
TOTAL:
C. GRAND TOTAL
Acquisition
Direct Home Ownership Assistance
GRAND TOTAL:
D. MILESTONES: Provide progress on milestones listed below:
Acquisition Projections Projected Date Actual Completion Date
Environmental Review Complete
Purchase &Sale Agreement Executed
Appraisal Complete
rspection Complete
Closing
Other
E. NARRATIVE: Provide a brief narrative on accomplishments during the billing period:
I certify that the above costs in the amount of$ have been incurred and that necessary receipts/documentation is
attached
Authorized Signature Date
FOR DEPARTMENT USF ONLY
AUTHORIZED FOR PAYMENT
BY: DATE:
*When applicable,supporting documentation/receipts must be attached.
EXHIBIT D
INSURANCE REQUIREMENTS
FOR PROPERTY PURCHASE AGREEMENT
Insurance
The Sub-recipient shall procure and maintain for the duration of the
Agreement, insurance providing for damage to property which may arise
from or in connection with the Sub-recipient's operation and use of the
Premises.
A. Minimum Scope of Insurance
Sub-recipient shall obtain insurance of the type described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-
completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25
03 11 85 The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 it 85 or a substitute
endorsement providing equivalent coverage.
2. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance
Sub-recipient shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
2. Property insurance shall be written covering the full value of
Sub-recipient's property and improvements with no coinsurance
provisions.
C. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
EXHIBIT D-CONTINUED
E. Verification of Coverage
Sub-recipient shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Sub-recipient as of the date of Purchase of the Property considered by
this Agreement.
F. Waiver of Subrogation
Sub-recipient hereby releases and discharges the City of Kent from all
claims, losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building.
This release shall apply only to the extent that such claim, loss or liability is
covered by insurance.
ACORD,u CERTIFICATE OF LIABILITY INSURANCE DATEfM M/DD/YYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Risk Services HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 410679 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Kansas City, MO 64141-0679
INSURERS AFFORDING COVERAGE NI
NsuRFn Seattle South King, County INSURER A Federal Insurance Cc 120281
Habitat For Humanity, Nevada Street LLC INSURER B
PO Box 88337 INSURER C
INSURER D
Tukwila, WA 93138 INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CON RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR'gDD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DAT MIDDIYY DATE MM/DO/YY
A GENERAL LIABILITY L1065886-09 04/01/2009 04/01/2010 EACH OCCURRENCE $
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence $ Q
CLAIMS MADE L OCCUR MED EXP(Any one person) $
X
_ PERSONAL&ADV INJURY $1+QO
GENERAL AGGREGATE $
GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG $
POLICY PRO LOC ---
AUTOMOBILE UABIUTY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE UABIUTY AUTO ONLY EA ACCIDENT $
ANYAUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ _
OCCUR CLAIMSMADE AGGREGATE $
$ _
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND TORY LIMITS ER WC STATU- OTH-
EA ROYERS' LIABILITY
ANY PROPRIETOR,PARTNER/EXECUTIVE E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED
E L DISEASE EA EMPLOYE $
If yes PROe under
SPECIALL PROVISIONS below E L DISEASE POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is listed as Additional Insured with respect to General Liability Coverage for liability arising out of
ongoing operations performed by or on behalf of named insured
Re The City of Kent will contract with HfH Seattle/SKC through the Neighborhood Stabilization Program to purchase,
rehabilitate and resell 1-2 foreclosed properties to an income-eligible buyer The deadline for completion of the program
is March 31, 2012
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL.yg_ CAYS WRITTEN
Attn Dinah Wilson, CDBG Coordinator NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Housing and Human Services IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
220 Fourth Ave S REPRESENTATIVES
Kent, WA 98032 AUTHORIZED REPRESENTATIVE
ACORD 25(2001/08) ®ACORD CORPORATION 1988
DS#7791674 1065886
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing msurer(s), authorized representative or producer, and the certificate holder nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
CORD 25(2001/08)
REQUEST FOR MAYOR'S SIGNATURE
.400,0" • Please Fill in All Applicable Boxes
KENT
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Dinah Wilson, Parks/Human Phone (Originator): 5076
Svs.
Date Sent: 2/12/10- ' i C ' , Date Required: ASAP
Return Signed Document to: Dinah CONTRACT TERMINATION DATE: 3/31/12
VENDOR NAME: Habitat for Humanity DATE OF COUNCIL APPROVAL: 9/1/09
Brief Explanation of Document: This contract with Habitat for Humanity is supported through
federal Neighborhood Stabilization Program funds and is administered by the Washington State
Department of Commerce. Funds will be used to purchase, rehabilitate and sell a foreclosed
residential property to an income-eligible homebuyer at or below 50-120% of area median
income. The City will also use a portion of Its funds to provide down-payment assistance to
help an income-eligible homebuyer purchase a foreclosed upon residential property.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: t/Fia) 1��1G' /J �llld � CGS
Approval of Law Dept.:
FEB 1 zl 20i0
Law Dept. Comments: ,
Date Forwarded t Ma4r:
i
Shaded Areas To Be Completed By Administration
S�jta[f�f
Received:
Recommendations and Comments:
��f�a '/ � lly�"V i E 2�;�Disposition: �"/
(;;TY OF 4ENT
Date Returned: GITl CLERK