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HomeMy WebLinkAboutCAG2022-356 - Original - Project Feast - Allocation of ARPA to Assist Project Feast With Recovery & Expansion - 08/29/2022Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayo/s Signature and Contract Cover Sheet forms. (Print on plnk or cherry colored paper) FOR CITY OF KENT OFFICIAL USE ONLY 5up/Mgr: Dir Asst: Dir/Dep: KENT (Optional) WAsHINGTON E oLo.c Originator: Rhonda Bylin Department: ECD Date Sent: oB/2s/2022 Date Required: Bl26/2022 Authorized to Sign: t/Mayor or Designee Date of Council APProval: 8/L6/22 Budget Account Number: v00008.64190.6100 Budset? [ves[uo Grant?ruofl Type: Federal g .9tHo ELorF E tP C at Eo Q'Lgl Vendor Name: Project Feast Category: Contract Vendor Number: 20007s0 Sub-Category: Original project *rr". Allocation of ARPA $ awarded to CoK to assist PF w/Recovery & Expansion project Details: Funds allocated by CoK are to assist with needed modifications to facilities and fund an additional staff person to broaden and diversify their service model. Agreement Amount: $ 1 60r836. 00 start Date: 812912022 Basis for Selection of Contractor: Othef* Memo to Mayot must be attached TerminationDate: 1213112026 Local Business? Business License Ox lf meett requircments pet KCC 3,70.100, please complete Yendor Purchase-Locdl Exceptions'form on Cityspace' Verification:I v"t! rn-Processn Exempt (KCC s.01.04s) Notice required prior to disclosure? [v"'!ruo Contract Number: /\uG ? b'tl?-z KENT LAW I]\/LE D DEFT. Comments: City ClerKs OfficeDate Routed: MaYor's OfficeDate Received: CitY AttorneY: UI atL5v6glCC.9Eul )^ j, E,o a,G adccw22373-1-20 Visit Documents.KentwA.gov to obtain copies of all agreements rev. 2021 051 3 CAG2022-356 8/30/22 Agreement Period Froml DUNS No. (if applicable) City of Kent - SLFRF - Grant Recipient Agreement Grantee Program Title Grant Amount $ Project Feast Project Feast Recovery Grant 160, 836 Effective Date To December 3I,2024 n/a SAM No. (if applicable) DQH1S8XC5X33 (UEl) This Agreement is made by and between the City of Kent, a municipal corporation ("the City") dnd Grantee, a Washington Non-Profit Corporation, located at 202 W Gowe St., Ste L, Kent, WA, 98032-5858, to set forth the terms and conditions under which the City will provide a grant to Grantee under the Program to be used for costs incurred during the Agreement Period. Such grant is provided to Grantee as a beneficiary of the City's Coronavirus State and Local Fiscal Recovery Funds. 1. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures as described in the "Federal Terms" (Exhibit 1), and as detailed in the "Scope of Work" (Exhibit 2). No grant funds may be used to pay or reimburse costs for which Grantee has received any other funding, whether state, federal or private in nature, for that same cost. 2. Grantee Responsibilities. Grantee understands and agrees that funds provided under this Agreement may only be used in compliance with section 603(c) of the Social Security Act ("the Act"), as added by section 9901 of the American Rescue Plan Act ("ARPA"), the U.S. Department of Treasury's ("Treasury's") regulations implementing that section, guidance issued by Treasury regarding the foregoing, and any other applicable federal provisions, including those described in the "Federal Terms" (Exhibit U. 3, Grantee Certifications. Prior to any disbursement of funds authorized by this Agreement, Grantee shall provide the City with: Cost Certification (Exhibit 3), Civil Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5), if applicable, the Lobbying Disclosure Form (Exhibit 6), the City EEO Compliance Documents (Exhibit 7), and proof of meeting the lnsurance Requirements (Exhibit 8). 4. Request for Payment. Grantee shall submit a quarterly invoice and Cost Certification (Exhibit 3) for the expenses therein no later than fifteen (15) working days after the close of each calendar quarter throughout the term of the Agreement. 5. Maintenance of and Access to Records. Grantee shall maintain all records and accounts with respect to all matters covered by this Agreement, including personnel, property, financial, and programmatic records and documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. These records shall be maintained for a period of six (6) years after all funds have been expended or returned to the City, whichever is later, to ensure proper accounting for all funds anC compliance with the Agreement. The City, the Treasury Office of lnspector General, and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Grantee in order to conduct audits or other investigations. Grantee acknowledges that records may be subject to disclosure under the Public Records Act, Ch. 42.56 RCW' 6. Publications. Any publications produced with funds from this Agreement must display the following language: "This project lis being][was] supported, in whole or in part, by federal award number SLFRP3352 awarded to the City of Kent, Washington by the U,S, Department of the Treasury." 7. Disclaimer by the City and United States. The United States has expressly disclaimed any and all responsibility or liability to the City or third persons for the actions of the City or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of the award of Federal funds to the City under section Grant Beneficiary Agreement Page 1 of 3 603(c) of the Act, or any contract or subcontract under such award. The City expressly disclaims any and all responsibility or liability to Grantee or third persons for the actions of Grantee or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This Agreement does not in any way establish an agency relationship between or among the United States, the City, and/or Grantee. 8. False Statements. Grantee understands that making false statements or claims in connection with this Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal or City awards or contracts, and/or any other remedy available by law. 9. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the City. Grantee, by signature to this Agreement, certifies that Grantee is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. Grantee also agrees that it will not enter into a subcontract with a person or entity that is debarred, suspended, or proposed for debarment, Grantee will notify the City if it, or a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at https://www.sam.e-evl, 10. Termination. Upon thirty (30) days-notice, the City may terminate this agreement for convenience. Any unspent grant proceeds shall be immediately returned to the City. 11. Repayment of Funds; Recoupment. lf Grantee has unspent grant proceeds on hand as of December 3l-, 2024, Grantee shall return all unspent grant proceeds to the City within ten (10) calendar days. lf any funds provided to Grantee were used in a manner that is not consistent or allowable as outlined in this Agreement or in the Federal Terms, Grantee shall return funds to City in the amount determined to be ineligible. Grantee further agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to Grantee's failure, for any reason, to comply with the terms of this Agreement, This duty to repay the City shall not be diminished or extinguished by the termination of the Agreement. 12. Conflict of lnterest. Grantee designees, agents, members, officers, employees, consultants, and any other public official who exercises or who has exercised any functions or responsibilities with respect to the Program during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Program, are barred from any interest, direct or indirect, in any grant or proceeds ofthe Program, or benefit there from, which is part of this Agreement at any time during or after such person's tenure. 13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington, or the U.S. District Court for the Western District of Washington 14' lndemnification. To the maximum extent permitted by law, Grantee shall, at its cost and expense, protect, defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys'fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Grantee, its directors, officers, employees, or agents, relating in any way to Grantee's performance or non-performance under the Agreement. Grantee agrees that its obligations under this pa ragraph extend to any dema nds, liabilities, ca uses of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, Grantee, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These indemnification obligations shall survive the termination of the Agreement. Grant Beneficiary Agreement Page 2 of 3 . 15. lnsurance, The Recipient shall procure and maintain for the duration of this Agreement, insurance of the types and in the amounts described in Exhibit 8 attached and incorporated by this reference. 15. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number gf counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement' Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CITY OF KENT GRANTEE ot?LName: Titl Date Exhibits 1- Federal Terms 2 - Scope of Work 3 - Cost Certification 4 - Civil Rights Certification Form 5 - Lobbying Certification Form 6 - Lobbying Disclosure Form (if applicable) 7 - City EEOC Compliance Documents 8 - lnsurance Requirements Grant Beneficiary Agreement Page 3 of 3 Name Title Signatu Date Grant Recipient Agreement ' Exhibit 2 SCOPE OF WORK Grantee, a non-profit that serves refugees and immigrants in King County from a location within a qualified census tract (Full Tract Number 530330292O3; or 292.03 in King County), has long operated Caf6 Ubuntu-a direct service culinary and restaurant trade training restaurant in Kent's historic downtown. Due to Covid-l-9, the non-profit suffered extraordinary, disproportionate impacts from operating a kitchen and direct customer service due to pandemic induced restrictions on operations. As Grantee seeks to recover and build back, it will recruit, hire, and train a new General Manager (GM) to join its staff and add capacity for job training. This additional position will allow the Executive Director to step back from general operations of the kitchen (duties she assumed due to the impacts of the pandemic) and re-focus attention on the administrative needs of the non-profit such as development, strategic planning, and partnership building. Grantee will also hire and train a part-time outreach coordinator to recruit new apprentices to its program. Recent renovations opened Caf6 Ubuntu's commissary kitchen space to allow for more workstations, and so Grantee plans to increase the number of apprentices by at least 20% (from 10 apprentices in 2O2t to 12 in 2O22 and 15 in 2023). The outreach coordinator will research new markets and promote its programs to these communities' A new GM will grow Grantee's impact as a social venture that trains immigrants and refugees in the culinary arts. Further, a new GM will allow for full re-opening of Caf6 Ubuntu's dine-in services and increase its catering jobs, as well as sustain and grow the Community Meals food assistance program, which serves communities disproportionally impacted by the pandemic by providing free meals to food banks, homeless shelters, and newly resettled refugees. With a dedicated GM to sustain and grow kitchen operations, the Executive Director can work with the outreach coordinator to grow Grantee's community impact in a variety of ways: o lncrease the number of participants enrolled in its culinary apprenticeship program where apprentices gain 400 hours of hands-on training; o Grow and strengthen Grantee's partnerships to provide job placement assistance and other wra p-a round resources to a pprentices; r lncrease the number of people served. Grantee's additional kitchen member can increase the numbers of meals prepared for the food assistance program. This program currently serves approximately L50 people weekly in South King County, mostly people of color and/or immigrants and refugees, all food-insecure and a portion of them homeless or in transitional housing. Each meal costs approximately S12, including packaging and labor' Plans are to increase weekly numbers of meals served to 250 under the General Manager' Reporting To track progress, Grantee will submit the following information in quarterly reports: Number of apprentices participating; hours of tutelage per apprentice; demographic information concerning apprentices; Number of people served through the food assistance program; GM contribution of hours to food assistance program. Reports will identify communities served that were disproportionately impacted by the pandemic; a a Time the executive director spends on supervision and training of GM as compared to apprentices; Updates on outreach and partnership building, including narrative on any significant developments. Invoicing Grantee will submit the above quarterly reports and any required documents establishing expenses related to: o Salary and benefits for General Manager; o percentage of salary for Executive Director for supervising of the General Manager; o Hourly wage for part-time Outreach Coordinator (up to 20 hours a week). a o Budeet Item Amt Yl Yo Total Amt Y2 Yo Total General Man Sa 5 ss,ooo 100 S ss,ooo 5 s7.7so 100 5 57,750 GM Benefits s 4200 100 5 +zoo 5 4,200 100 s 4200 ED Supervising of GM s 73,830 10 S 7383 Stt,szz 10 Sttsz Outreach Coordinator, P/T,Year 2 s 23,000 100 s 23,000 TOTAT s 65,583 594,253 Grant Recipient Agreement - Exhibit 3 COST CERTIFICATION I certify that: t. I have authority and approval from the governing body on behalf of ("Grantee") to accept proceeds from the City of Kent (the "City") per the Agreement by and between the City and Grantee from the City's allocation of the Coronavirus State Local Fiscal Recovery Fund ("CLFR") as created by the American Rescue Plan Act of 202L, Section 9901 ("ARPA") for eligible expenditdres included on the corresponding invoice voucher for report period March 3, 2021- through December 31,2A24. 2. I understand that as additional federal guidance becomes available, an amendment to the Contract between the City and Grantee may become necessary and agree to execute necessary amendments. 3. I understand the City will rely on this certification as a material representation in processing reimbursements or payment requests. 4. I understand the Grantee receiving funds pursuant to this certification shall retain documentation of allusesof thefunds, including but not limitedto invoices and/or sales receipts in a mannerconsistent with 5200.333 Retention requirements for records of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Such documentation shall be produced to the City upon request and may be subject to audit by the State Auditor. 5. I understand anv funds ded oursuant to this certification cannot be for exoenditures for which Grantee has received anv other funding whether state. federal or private in nature. for that same expense. I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal andl or civil liability and I or in criminal penalties, including not limited to fine or imprisonment or both ishment under federal law.under Title 18, United States Code, Sec. 1001, et seq. a nted Name Signature Date b t Grant Recipient Agreement - Exhibit 4 CIVIL RIGHTS CERTIFICATION FORM The funds provided to the grantee named below (hereinafter referred to as the "Grantee") are available under section 603 of the Social Security Act, as added by section 990L of the American Rescue Plan Act. Grantee understands and acknowledges that: As a condition of receipt of federal financial assistance from the Department of the Treasury, with monies distributed through the City of Kent, Grantee provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to Grantee, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of Grantee's program(s) and activity{ies), so long as any portion of Grantee's program(s) or activity{ies) is federally assisted in the manner prescribed above Grantee certifies the following: L. Grantee ensures its current a nd futu re complia nce with Title Vl of the Civil Righis Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C, 5 2000d et seq.), as implemented by the Department of the Treasury Title Vl regulations at 31 CFR Part22 and other pertinent executive orders such as Executive Order 13L66, directives, circulars, policies, memoranda, and/or guidance docume.nts. 2. Grantee acknowledges that Executive Order L31,66, "lmproving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Grantee understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title Vl of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Grantee shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Grantee understands and agrees that rneaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in Grantee's programs, services, and activities. 3. Grantee agrees to consider the need for language services for LEP persons when Grantee develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its I'EP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 4. Grantee acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Grantee and its successors, transferees, and assignees for the period in which such assistance is provided. 5. Grantee shall comply with Title Vl of the Civil Rights Act of 1964, which prohibits Grantees of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. $ 2000d et seq.), as implemented by the Department of the Treasury's Title Vl regulations, 3L CFR Part 22, which are herein incorporated by reiference and made a part of this contract (or agreement). Title Vl also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. S 2000d et seq., as implemented by the Department of the Treasury's Title Vl regulations, 31 CFR Part22, and herein incorporated by reference and made a part of this contract or agreement. 6. Grantee understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates Grantee, or in the case ofa subsequenttransfer, thetransferee, forthe period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. lf any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of thb property. 7. Grantee shall cooperate in any enforcement or compliance review activities by the Department of the Treasuiy of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Grantee shall comply with information requests, on-site compliance reviews a nd reporti ng requirements. B. Grantee shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title Vl of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Grantee also must inform the Department of the Treasury if Contractor has received no complaints under Title Vl. 9. Grantee must provide documentation of an administrative agency's or court's findings of non- compliance of Title Vl and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. lf Grantee settles a case or matter alleging such discrimination, Grantee must provide documentation of the settlement. lf Grantee has not been the subject of any court or administrative agency finding of discrimination, please so state, 10. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. I hereby certify that I have read and understood the obligations described above, that Grantee is in compliance with the above-described nondiscrimination requirements, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any information submitted in conjunction with this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under federallaw. V* {!G t t-t lt-n Printed Name Title .LJw J J Date Grant Recipient Agreement - Exhibit 5 LOBBYING CERTIFICATION FORM The undersigned certifies, to the best of the undersigned's knowledge and belief, that: (1) 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. {2} lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influ.ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as attached. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U,S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S100,000 for each such failure. t hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and under federal law. 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I plimc or rubrwrrd c<lplc'ni ldcntllf thG thr ot th! iub.w.rdE; c.!,, lht fiDl sbrwrtd!. ol lhc Flmt lr the ltl lirr' Subk..di includc but rr; nol llmllcd lo rukonlrxll robitut! rtd conltlcl lwrrdr undd trula 5. ll tha qlrniz.tlon fll&ra lhc Epo( in ltcm 4 rhrcks "Suhtpxdc", ah.n €nlc. lhc full nmc, rddrcss, city. ltalr rnrl zip codr-of thc prim lcdlt.l rldphnt' lnclud. contre ltlofll Dlrldct, i,loom. 6. tntcr thc namc ol thc fcdcrd atrnqy mrllnt the flrd or loan commitment. lnclsdc rt lclrt onc oltanizaljonal lcvcl bclow rgcncy nnc, if lnoin. for crrmple, Drprnmcnt ol Ttstpo(llion, Uoltcd slr?e Co.st Gutd' 7. fntcr (ir frdrd gognm nrm. oi d!(tiPlio4 ls lhc covrEd Ftddd :ctlon (i1"6 1) lt lnown, !nlc. th. full C$dof, al fedrri Diomcrtlc Asri.tscc iCfOA) numbcr lo 3rslt, coop.trtiv. rtrccdcdll, lorns. rnd loun comltmsu. E. tntcr thr mrl ,ilr@.hta F.dr.tl ldantlfyinl ngmb{r rvdlruo lor lhl fedcdl rcfl4 ldlnllficd ln ilcm I (c.t, t!@rt tor frooiilinffl nurnb.r lnvilrilo; lot 8id (1f8, ^ffib.i l'ml srcuffim.nl nuibcr; tlE strrcl. fnrir, or tu rirrnd nunbor; thr .pdlqliodpropoql @lml nunbrisr3md by th. tcdctd lg.rEl' ldcludt 'Efircc !.& "ntP.Oe.9t'oot." 9, FG I affi.Gd ta&rd &llon slat! lhcrt h8 becn rn rwrrd or lon r.onmllmcrt bY thc fcdltrl ltdcy, .ntrr thc Fldlad roal ol rtt! sil*loln tomolimGnt lo, lh. pilre .ntlty ldsldfrcd ln llcm a o. 5. 10. (rllntcr th! tull trt6?, dd[tn clty, rLta.nd rip aodG ot th! lobbyint cnllly cngrgcd by lh. r.portihS r^llty ldr^dflcd in h.6 a lo lnilltfrc. lhc €oYnEd tcd.td &{on. (b)!at.t thc full nmr ol th. &dlvldudtr) pcdomlng rcrlccr' od includc full rddrcrs i{ diffcnl from l0 (r)' [ntc. Lfft NmG, Fl6t Nvrr!, md Mlddlc lnitid (Ml]. '11. €n1.. th! Jno0nl of lobbdna.ndry (fi.m dl bor.r thalloply, to ba m.d€. conrDansdcn odd d c.s.bh dpcctcd lo b! fdd. bt lh! Gpottlnt colilt (ltcfr al lo lhc ior.'tnakrrc tittnrtts tho lrynint ti[ bon mdi (rctuitt q wlll bc mrdc lplrmcdl' Chxf lf ihlr fu r mrrnt.l clirt'idporr, crtr tho mhti€ 6osl ol PrymGnl mlda ot phnntd 12. Ch*l th. .9p@prltt. !cr(cr). Chek dl bo&i lh.t .pply. It pryftot ir mrdc thDugh & ln'llnd cmtdbutlon, rpcclly thc niiurc ud edu ol thc in.kind Pryacni tt. Ci.ct lhc lpD.opd.l! bor(dr. Chld dl boxct th.t .Pph' la orhct, tp.clly nrtuc. ra. prq,tdG r rndllc rnd drtrJlcd dtrrlrdd ol rtr ffiks lhrl fic lobbrhl ft$ Pg'lormcd. ot etil b. rrPcdrd to *rt"-. rfu un arrxtt ol w srkir m&cd. lndudc rll onprdoo ed diLd rGlMV, mt lrt ilft tpanl itr iau, .;rnl tiih f;d.td olrdcletr. tdcntity lha fcd.rd olficfrl(rl oi rmplopt(rl qticed a th! offl6dt)' Gmplorr.(O d MonbG{d ot CoolErr thll ffit <srl.cl.d, 15. Chacl whitid a not . SF-[LL.A Cotrtlnurilon sh!?t(t) lt .nrhcd, 15. Thc c.nltin! oltichl thdl rlgr ud d.lr lhr lom, Flrt hiJtrrr lsc, dtlc, sd rclcPhorc numhcr ldomi*t k dridd .L niaea dfl hi tt ln {of aedd..rd dr 6lcds ol t rldl ol tHr I.||t{h.t oc. rotol,tn ?qp.rrDd lot*sial, 263 Pl.2l, App. B 3I CFR Sublille A (7-l-06 Edilion) DISCTOSURE OF IOBOYING ACTIVTTES CONTINUATION SHEET ^pp'd.d h oMt 0r{!.6$ f.poflh hlliF Pr. o, a.lsl{a as kd r.r.*dkttdri trd.. lq 264 Grant Recipient Agreement - Exhibit 7 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 Grantee on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. lf any Grantee 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 L.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. During the time of this Agreement the Grantee will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer' During the time of the Agreement l, the Grantee, 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 Grantee, that the Grantee complied with the requirements as set forth abpve. By signing below, I agree to fulfill the five requirements ced above. By: 3 4 For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 7.2 EFFECTIVE DATE: January 7, L998 SUBJECT MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1", 1996 APPROVED BYJim White, Mayor L POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $L0,000 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, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract 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. Ensuring that contractors, subcontractors, consultants, 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 of 3 By CITY OF KENT EQUAL EM PLOYM E NT OPPORTU N ITY COMPLIANCE STATEM ENT This form shall be filled out AFTER COMPTETION of this project by the Grantee awarded the Agreement l, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as - that was entered into on the- (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. For Title Date EEO COMPLIANCE DOCUMENTS - 3 Of 3 Grant Recipient Agreement - Exhibit 8 INSU RANCE REQUIREMENTS lnsurance The Grantee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, their agents, representatives, em ployees or subcontractors. A. Minimum ScoPe of Insurance Grantee shall obtain insurance of the types described below: 1,. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on lnsurance Services Office (lSO) form CA 00 01 or a substitute form providing equivalent liability coverage. lf necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 Ot 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 1185. The City shali be named as an insured under the Grantee's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1-1 85 or a substitute endorsement providing equivalent coverage. 3. Workers'Compensation coverage as required bythe lndustrial lnsurance laws of the State of Washington. B. Minimum Amounts of Insurance Grantee shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of S1,000,000 per accident. 2. Commercial General Liabilitv lnsurance shall be written with limits no less than S1,000,000 each occ,rrrence, S2,O0O,0OO general aggregate and a 52,000,000 products- completed operations aggregate limit' EXHIBIT B (Continued I C. Other lnsurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: L. The Grantee's insurance coverage shall be primary insurance as respect the City. Any lnsurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Grantee's insurance and shall not contribute with it. Z. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City' 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Grantee and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of lnsurance. The City reserves the right to receive a certified copy of all required insurance poticies. itre Grantee's Commercial General Liability insurance shall also contain a clause itating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of lnsurers lnsurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. E. Verification of Coverage Grantee 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 Grantee before commencement of the work. F. Subcontractors Grantee shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Grantee'