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HomeMy WebLinkAboutReg 2013-10-07 Item 4C - Interlocal Agreement - Minor Home Repair ProgramCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 10/07/13 EB '1SGors review L Council review ITEM INFORMATION ITEM No. 4.C. CAS NUMBER: STAFF SPONSOR: EVIE BOYKAN ORIGINAL AGENDA DATE: 10/07/13 AGENDA ITEM TITLE Interlocal Agreement for Joint Minor Home Repair program CATEGORY ❑ Discussion Mtg Date Motion Date 10/07/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mty Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Counczl ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PV 11 Mayor SPONSOR'S The termination of the City of Pacific, and two new items neccessitate bringing the SUMMARY Interlocal agreement to the Council for approval. The Minor Home Repair program, administered by the Tukwila Human Services Manager will include Tukwila, SeaTac, Des Moines,and Covington. The budgeted amount for the 2013 contract year will be $125,000. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 09/23/13 0 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Human Services Division of the Mayor's Office Unanimous Approval; Forward to 10/7 Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 $125,000 $ Fund Source: HUD COMMUNITY DEVELOPMENT BLOCK GRANT Comments: 100% of budget is reimbursable under the CDBG award MTG. DATE RECORD OF COUNCIL ACTION 10/7/13 MTG. DATE ATTACHMENTS 10/7/13 Information Memorandum dated 09/23/13 Proposed Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 09/23/13 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community and Parks FROM: Evie Boykan, Human Services Manager DATE: September 23, 2013 SUBJECT: An Interlocal Agreement for Minor Home Repair Program ISSUE Staff and the City Attorney are recommending a new interlocal agreement between the Cities of SeaTac, Des Moines, Covington, and Tukwila, as we start the 2013 contract cycle for the Minor Home Repair Program. Due to the multiple amendments of cities participating, and new paragraphs on termination, a new agreement has been developed. BACKGROUND In January of 2012, Council authorized signature of the interlocal agreement to jointly plan, fund and implement a minor home repair program. We did not consider what would happen if a City was unable to fulfill its obligations as defined in the agreement. ANALYSIS The City of Pacific has formally terminated their participation in the agreement. Furthermore, we wanted to assure that this interlocal would be self- renewing as long as funding was provided by the King County Community Development Block Grant program. FINANCIAL IMPACT The Interlocal Agreement outlines how funds would be shifted if each respective city is unable to spend out the budgeted funds allocated to the implementation of the program. It also gives the administrative agent the authorization to terminate participation of a City that does not fulfill its obligations. RECOMMENDATION Staff is recommending that Council authorize the Mayor to sign the Interlocal Agreement and consider this item under the Consent Agenda for October 7, 2013. ATTACHMENTS Interlocal Agreement 5 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES MOINES, COVINGTON, AND THE CITY OF TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR HOME REPAIR PROGRAM THIS INTERLOCAL AGREEMENT ( "Interlocal ") is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac ( "SeaTac "), the City of Des Moines ( "Des Moines "), the City of Covington ( "Covington "), and the City of Tukwila ( "Tukwila "), hereinafter referred to as "City" or "Cities," to provide for planning, funding, and implementation of a minor home repair program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities have the authority to engage in cooperative efforts that will result in more efficient use of government resources; WHEREAS, the Cities are signatories to a preceding interlocal agreement for the planning, funding, and implementation of a joint minor home repair program dated February 29, 2012 (the "Former Agreeemnt"); and WHEREAS, one of the participants to the Former Agreement has recently terminated its participation in the Former Agreement and the Cities wish to enter into a new interlocal agreement for the planning, funding, and implementation of a joint minor home repair program from this point forward; NOW, THEREFORE, and in consideration of the terms, conditions, and performances made herein, it is agreed as follows: 1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement between the Cities to consolidate the funding process and implementation of a minor home repair program. This Interlocal will increase the efficiency of administering the program while decreasing administrative costs. 2. Responsibilities. A. Tukwila's Duties. 1) Contract and act as the fiscal and administrative agent with King County for the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila Covington, and SeaTac. Interlocal Agreeement for Minor Home Repair Page 1 of 8 7 2) Maintain required documentation and prepare required reports for King County consistent with the County's requirements regarding the use of Community Development Block Grant funds. 3) Maintain accounts and records that properly reflect transactions related to this Interlocal. 4) Responsible for reimbursing participating cities and submitting required paperwork to King County. 5) Responsible for the implementation of the minor home repair program within Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and King County. 6) Review and pay invoices for any services performed in Tukwila pursuant to this Interlocal. 7) Reimburse SeaTac, Covington, and Des Moines on an as received basis for any invoices received pursuant to this Interlocal. B. SeaTac's Duties 1) Responsible for the implementation of the minor home repair program within SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and King County. this Interlocal. 2) Review and pay invoices for any services performed in SeaTac pursuant to 3) Remit invoices to Tukwila for reimbursement. C. Des Moines' Duties 1) Responsible for the implementation of the minor home repair program within Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Des Moines pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. D. Covington's Duties 1) Responsible for the implementation of the minor home repair program within Covington in accordance with terms specified in the Block Grant contract between Tukwila and King County. Interlocal Agreement for Minor Home Repair Page 2 of 8 8 this Interlocal. 2) Review and pay invoices for any services performed in Covington pursuant to 3) Remit invoices to Tukwila for reimbursement. E. Cities' Joint Duties 1) Subcontract with an agency /contractors that will perform qualified home repairs in Tukwila, SeaTac, Covington, and Des Moines in accordance with King County's Block Grant program and applicable city policies. 2) No City shall use more funds than have been annually allocated to it by King County for a minor home repair program. However, if a City is unable to spend its portion of the funds by the 3`1 quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. Fund allocation shall be as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. Exhibit A shall be amended annually and all subsequent amended Exhibit As shall automatically supersede the prior Exhibit A and be fully incorporated herein upon distribution of each amended Exhibit A to all of the Cities by the administrative agent. 3) Abide by additional requirements outlined in the agreement between Tukwila and King County for a minor home repair program, which is attached hereto as Exhibit B and incorporated herein by this reference. Exhibit B shall be amended annually and all subsequent amended Exhibit Bs shall automatically supersede the prior Exhibit B and be fully incorporated herein upon distribution of each amended Exhibit B to all of the Cities by the administrative agent. 4) The Cities agree to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and /or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and /or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 5) Duration. This Interlocal shall become effective when it is approved by the Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor home repair program. 6) Termination. Any City may terminate this Interlocal without cause by giving the other Cities a thirty -day written notice. The terminating City shall remain fully responsible for meeting its funding responsibilities to date up to the point of termination and other obligations established by this Interlocal through the end of the calendar year in which such notice is given. The administrative agent is authorized to terminate the participation of any City Interlocal Agreement for Minor Home Repair Page 3 of 8 9 that does not fulfill its obligations as set forth in this Agreement. Written notice of such termination shall be mailed to each City and shall become effective upon said mailing. 7) Notices. Notices to the Cities shall be sent to the following persons: City Contact SeaTac Human Services Manager, currently Colleen Brandt - Schluter 4800 S. 188th Street, SeaTac, WA 98188 206 - 973 -4815; cbschluter @ci.seatac.wa.us Des Moines Tina Hickey 21630 11th Ave S, Suite D Des Moines, WA 98198 -6398 206 - 870 -6558; Thickey @desmoineswa.gov Covington Personnel Division/Human Services, currently Victoria Throm 16720 SE 271st Street, Ste. 100 Covington, WA 98042 253- 480 -2411 Ext. 2237; vthrom @covingtonwa.gov Tukwila Human Services Manager, currently Evelyn Boykan 6200 Southcenter Blvd, Tukwila, WA 98188 206 - 433 -7180; evie.boykan @tukwilaWA.gov 8) Indemnification. Each City agrees to indemnify the other City from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs arising out of claims by third parties for breach of contract, property damage, and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this Interlocal. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9) Insurance. Each City shall procure and maintain in full force throughout the duration of the Interlocal comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event that a City is a member of a pool of self - insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self - insurance shall provide coverage equal to or greater than that required of non -self insurance pool member Cities. 10) Applicable Law; Venue; Attorney's Fees. This Interlocal shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Interlocal Agreement for Minor Home Repair Page 4 of 8 10 11) Counterparts. This document may be executed in any number of counterparts, each of which shall be considered an original. 12) Amendment or Modification. This Interlocal may be amended or modified in writing with the mutual consent of the Cities. Amendments or modifications to this Interlocal shall not require the approval of the Cities' legislative bodies. 13) Former Agreement Terminated and Superseded. The Former Agreement between the Cities is hereby terminated and superseded by this Interlocal. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this day of , 2012. CITY OF SEATAC CITY OF TUKWILA By: By: Todd Cutts, City Manager Jim Haggerton, Mayor Date: Date: Attest: Attest: [Printed Namel [Printed Namel Title: Title: Approved As To Form: Approved As To Form: Mark S. Johnsen, Sr. Assistant City Attorney CITY OF DES MOINES Shelley M. Kerslake, City Attorney By: Tim George, Assistant City Attorney Anthony A. Piasecki, City Manager CITY OF COVINGTON By: Date: Derek Matheson, City Manager Attest: [Printed Namel Title: Approved As To Form: Interlocal Agreement for Minor Home Repair Page 5 of 8 Date: Attest: [Printed Name' 11 Title: Approved As To Form: Interlocal Agreement for Minor Home Repair Page 6 of 8 12 Sara Springer, City Attorney EXHIBIT A Inter local Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program Contract Year 2013/2014 Name of Agencies Qualified contractors Participating Cities & Tentative Funding Tukwila - Lead City $28,000 Des Moines $28,000 SeaTac $28,000 Covington $28,000 Environmental Review $2 000 Lead Based Paint 4,000 Project Management 6,00() Miscellaneous 1,000 TOTAL $125,000 Interlocal Agreement for Minor Home Repair Page 7 of 8 13 Interlocal Agreement for Minor Home Repair Page 8 of 8 14 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes September 23, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Evie Boykan, Dave Johnson, Jack Pace, Nora Gierloff, Courtney Johnson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:11 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Minor Home Repair Program Staff is seeking Council approval for the Mayor to sign an Interlocal Agreement (ILA) between the Cities of SeaTac, Des Moines, Covington and Tukwila to coincide with the beginning of the 2013 contract cycle for the Minor Home Repair Program. Rather than amending the existing agreement, it was determined that a new agreement should be developed due to the number of recommended amendments. The new agreement provides a termination clause and assures that the ILA will self -renew as long as funding is provided by King County Community Development Block Grant program. Also of note is that the new ILA details how funds could shift if a participant City is unable to spend its allotted portion. UNANIMOUS APPROVAL. FORWARD TO THE OCTOBER 7 REGULAR CONSENT AGENDA. B. Ordinance: Updating Tukwila Municipal Code for Park Commission Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 2.32 — Park Commission to modernize the Commission's governance in alignment with current practices. Among the changes of note are policies and procedures relating to instructor services and park reservations, standards relating to quorums and record - keeping, and the addition of a student representative position. The Park Commission unanimously recommended approval of the proposed amendments at its June 19 meeting, minutes of which were distributed at the Committee table. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE FOR DISCUSSION. C. Ordinance: Amendment to Tukwila Municipal Code Title 19 - Sign Code Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 19.20.050.A to permit businesses in the Manufacturing Industrial Center/Heavy (MIC/H) zone to have larger flush - mounted wall signs. At its August 26 meeting, the Committee received a briefing on this issue and supported the drafting of an ordinance to reflect this change, which addresses the needs of businesses occupying massive buildings in one zone only. Per previous Committee request, staff inquired and Boeing confirmed there was no need for smaller signage above its entrances. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 23 COMMITTEE OF THE WHOLE FOR DISCUSSION. 15