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Home My WebLink AboutReg 2013-10-21 Item 3F - Grant Agreement - 2013 Minor Home Repair Program with King County for Community Development Block GrantCOUNCIL AGENDA SYNOPSIS Aleeting Dale 10/21/13 Prepared by EB Council review ITEM INFORMATION ITEM No. 3.F. STAFF SPONSOR: EVIE BOYKAN ORIGINAL AGENDA DATE: 10/21/13 AGENDA ITEM TNT' Contract with King County for Community Development Block Grant (CDBG) funds for the Minor Home Repair Program for 2013 CATEGORY Dtircussion Mtg Date z Motion Mtg Date 10/21/13 Resolution Mg Date r- Ordinance Mtg Date — Bid Award Mtg Date Public Heating Mtg tg Dale Other Mtg Date SPONSOR Council HR DCD Finance Fire IT P&R Police RIF Mayor SPONSOR'S The City Council is being asked to authorize the Mayor to sign the CDBG contract between SUMMARY King County and the City of Tukwila for the purposes of implementing a Minor Home Repair program. REVIEWED BY 1 1 COW Mtg. r Utilities DATE: 10/14/13 1 CA&P Cmte F&S Cmte 1 1 Transportation Cmte 1 1 Parks Comm. 1 1 Planning Comm. COMMITTEE CHAIR: EKBERG Cmte P Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Human Services/Mayor's Office Unanimous Approval; Forward to 10/21/13 Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE RI :(2.I.JIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 $125,000 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/21/13 Informational Memorandum dated 09/23/13 Contract Minutes from the Community Affairs and Parks Committee meeting of 10/14/13 43 44 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton, David Cline Community and Parks FROM: Evie Boykan, Human Services Manager DATE: September 23, 2013 SUBJECT: Authorization to sign CDBG contract between King County and City of Tukwila ISSUE We have received our 2013 contract with King County for the Minor Home Repair Program. Due to the size of the contract award, Council must authorize the Mayor's signature. BACKGROUND The Office of Human Services has been administering this program in-house since 2005. In 2012 our contractors served 17 unduplicated Tukwila households with 83 hours of repair. Due to the late date that the contract was awarded, the 2012 contract continued in 2013. Of all the cities involved 64 households were served with 429 hours of service. The current budget for the 2013/2014 contract is $125,000 for the entire program and $28,000 in construction for Tukwila. FINANCIAL IMPACT We are required to upfront the dollars for the program and then are fully reimbursed by the federal dollars. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the contract and consider this item under the Consent Agenda for October 21, 2013. ATTACHMENTS Copy of the Contract 45 46 King County Department of Community and Human Services Division Section 206- xxx -xxxx TTY Relay: 711 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT — 2013 Contractor Project Title Contract Amount $ Contract Period From: DUNS No. (if applicable) To CCR No. (if applicable) THIS CONTRACT No. is entered into by KING COUNTY (the "County "), and (the "Contractor") whose address is NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. EXHIBITS The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance /Endorsements Attached hereto as Exhibit I Attached hereto as Exhibit II Attached hereto as Exhibit III Attached hereto as Exhibit IV Attached hereto as Exhibit V Attached hereto as Exhibit VI II. DURATION OF CONTRACT This Contract shall commence on the day of 2013, and shall terminate on the day of , unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. III. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. IV. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit. This form is available in alternate formats upon request for persons with disabilities. Type Contractor Name Here Page 1 of 19 2013 Contract 47 B. The County shall reimburse the Contractor for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. C. The current funding sources, funding levels, and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY - FEDERAL Federal Catalogue No. - STATE - TOTAL - D. The Contractor shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. E. If the Contractor's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County shall be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. F. The Contractor shall not invoice and charge the County for incurred costs which are also specifically paid for by another source of funds. V. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Contractor agrees that equipment purchased with Contract funds at a cost of $5,000 per item or more and identified in an Exhibit as reimbursable is upon its purchase or receipt the property of the Contractor, County, and /or federal, and /or state government, as specified in the Exhibit. B. The Contractor shall be responsible for all such equipment, including the proper care and maintenance. C. The Contractor shall ensure that all such equipment shall be returned to the appropriate government Contractor, whether federal, state or county, upon written request of the County. D. The Contractor shall admit County staff to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. VI. CONTRACT AMENDMENTS Either party may request changes or an extension to this Contract. Proposed amendments which are mutually agreed upon shall be incorporated by written amendments to this Contract. No oral statement or other conduct by the County shall change or modify the Contract. Type Contractor Name Here 48 Page 2 of 19 2013 Contract VII. INTERNAL CONTROL, ACCOUNTING AND AUDITS Internal Control and Accounting The Contractor shall establish and maintain a system of accounting and internal controls that comply with applicable, generally accepted accounting principles, financial and governmental reporting standards as prescribed by the appropriate accounting standards board. Audits A. The Contractor shall submit to the County a copy of its annual report of examination /audit, conducted by the Washington State Auditor, within 30 days of receipt. B. If additional federal and /or state audit or review requirements are imposed on the County during the term of this Contract, the Contractor agrees this Contract may be amended to require that the Contractor comply with any such additional audit requirements. Even if this Contract is not amended, the Contractor agrees to comply with any such additional audit requirements. VIII. RECORDS, INSPECTIONS AND EVALUATIONS A. Retention of Records 1. The Contractor and its Subcontractors shall maintain books, records and documents of its performance under this contract in accordance with generally accepted account principles. The Contractor shall retain for six years after the date of final payment under the Contract all financial information, data and records for all work. 2. The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents and other evidence within ten working days of any such relocation. B. Evaluations and Inspections 1. The Contractor shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and /or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County shall give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. 2. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and /or federal /state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law. 3. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. C. Public Records Requests 1. This Contract shall be considered a public document and will be available for inspection and copying by the public in accordance with the Public Records Act, chapter 42.56 RCW (the "Act "). Type Contractor Name Here Page 3 of 19 2013 Contract 49 2. If the Contractor considers any portion of any record provided to the County under this Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET." If a request is made for disclosure of such portion, the County will determine whether the material should be made available under the Act. If the County determines that the material is subject to disclosure, the County will notify the Contractor of the request and allow the Contractor 10 business days to take whatever action it deems necessary to protect its interests. If the Contractor fails or neglects to take such action within said period, the County will release the portions of record(s) deemed by the County to be subject to disclosure. The County shall not be liable to the Contractor for inadvertently releasing records pursuant to a disclosure request not clearly identified by the Contractor as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET." IX. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. X. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply: A. The County shall notify the Contractor in writing of the nature of the breach; B. The Contractor shall respond in writing no later than ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The County shall notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Contractor's corrective action plan; Type Contractor Name Here 50 Page 4 of 19 2013 Contract D. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI. Termination A; E. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Termination. Subsections A, B, C, and D. XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified in Section II. Duration of Contract, by providing the Contractor 30 days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event that: 1. The Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or 2. The duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County, pursuant to this Section XI. Termination Subsection A.1, the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. B. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract shall terminate at the close of the current appropriation year. C. This Contract may be terminated by the Contractor without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. The Type Contractor Name Here Page 5 of 19 2013 Contract 51 Contractor shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and /or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. B. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and /or others by reason of this Contract. The Contractor shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from: (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; and /or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. C. The Contractor further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and /or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and /or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections. D. The Contractor shall protect, defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, and /or agents, in its performance and /or non- performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Type Contractor Name Here 52 Page 6 of 19 2013 Contract Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. E. The County shall protect, defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. F. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and /or otherwise results in unfair trade practice. G. To the extent that a Contractor subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XVII. Conflict of Interest Subsection B. of this Contract, the Contractor shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents from any and all costs, claims, judgments, and /or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Contractor's subcontractor, its officers, employees, and /or agents in connection with or in support of this Contract. H. Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Contract. I. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XIV. INSURANCE REQUIREMENTS Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will maintain for the duration of this Contract, insurance as specified in the Minimum Scope and Limits of Insurance. Failure by the Contractor, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Each insurance policy shall be written on an "occurrence" form; except that professional liability, errors and omissions, will be acceptable on a "claims made" form. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the work which is the subject of this Contract. By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Type Contractor Name Here Page 7 of 19 2013 Contract 53 Contractor shall assess its own risks and, if it deems appropriate and /or prudent, maintain greater limits and /or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and /or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Contract. A. Minimum Scope and Limits of Insurance; The Contractor shall maintain limits no less than, 1. General Liability: $ combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $ aggregate limit. CG 00 01 current edition, including Products and Completed Operations covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability, Errors and Omissions: $ Per Claim and in the Aggregate. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services ", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care 3. Automobile Liability: $ combined single limit per accident for bodily injury and property damage. In the event that services delivered pursuant to this Contract involve the transportation of clients by Contractor personnel in Contractor -owned vehicles or non -owned vehicles Risk Management will review and set the appropriate limits of coverage. Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto "; or the appropriate coverage provided by symbols 2, 7,8,or9. 4. Workers' Compensation: Statutory requirements of the State of residency, and Employers' Liability or "Stop Gap" coverage: $ B. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to, and approved by, the County. The deductible and /or self- insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. C. Other Insurance Provisions and Requirements The insurance coverage(s) required in this Contract are to contain, or be endorsed to contain the following provisions: 1. All Liability Policies except Workers Compensation and Professional Liability: a. The County, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. Additional Insured Endorsement shall be included with the certificate of insurance, "CG 2010 11/85" or Type Contractor Name Here 54 Page 8 of 19 2013 Contract its equivalent is required. The County requires this Endorsement to complete the Contract. b. Such coverage shall be primary and non - contributory insurance as respects the County, its officers, officials, employees and agents. c. The Contractor's insurance coverage shall apply separately to each insured against whom a claim is made and /or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, until after forty -five (45) calendar days prior written notice, has been given to the County. D. Acceptability of Insurers Insurance coverage is to be placed with insurers with an AM Bests' rating of no less than A: VIII, or, if not rated with an AM Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and Omissions insurance coverage may be placed with insurers with an AM Bests' rating of B +:VII. Any exception must be approved by the County. If at any time any of the foregoing policies fail to meet minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. E. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. If the Agency /Contracting Party is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA) or any other self- insurance risk pool, a written acknowledgement /certification of current membership will be attached to the Agreement as Exhibit I and satisfies the insurance requirements specified above. F. Subcontractors The Contractor shall include all Subcontractors as insureds under its policies, or shall furnish separate certificates of insurance and policy endorsements for each Subcontractor. Insurance coverages provided by Subcontractors as evidence of compliance with the insurance requirements of this Contract not provided by the Contractor, shall be subject to all of the requirements stated herein. Type Contractor Name Here Page 9 of 19 2013 Contract 55 XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression or age. The Contractors equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.J, "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. Ref: KCC 12.16.020. C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of a competitive award of a contract valued at $25,000 or more, the non - public Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. When a competitively awarded contract is valued at $25,000 or more, the Contractor shall complete a Worksheet and Declaration form for County review and acceptance prior to Contract execution. The EB Compliance forms, Ordinance 14823 (which is codified at KCC Chapter 12.19), and related administrative rules are incorporated herein by reference. They are also available online at: http: / /www.kingcounty.gov/ operations /procurement /Services /Equal Benefits.aspx D. Nondiscrimination in Subcontracting Practices. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression Type Contractor Name Here 56 Page 10 of 19 2013 Contract or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E. Compliance with Laws and Regulations. The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. F. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities. King County encourages the Contractor to utilize small businesses, including Small Contractors and Suppliers (SCS), as defined below, and minority -owned and women - owned business enterprises certified by the Washington state Office of Minority and Women's Business Enterprises (OMWBE) in County contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including SCS firms and minority -owned and women - owned business enterprises: 1. Inquire about King County's Contracting Opportunities Program. King County has established a Contracting Opportunities Program to maximize the participation of SCS in the award of King County contracts. The Program is open to all SCS firms certified by King County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County, the Program will apply to specific contracts. However, for those contracts not subject to the Program or for which the Contractor elected not to participate in the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program materials, including application forms and a directory of certified SCS firms, are available at the following Web -site address: http://www.kinpcounty.pov/bdcc. The term "Small Contractors and Suppliers" (SCS) means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Program is set at fifty percent (50 %) of the Federal Small Business Administration (SBA) small business size standards using the North American Industry Classification System and Owners' Personal Net Worth less than $750,000 dollars. 2. Contact the OMWBE to obtain a list of certified minority -owned and women -owned business enterprises by visiting their website at http: / /www.omwbe.wa.gov/ or by Toll Free telephone (866) 208 -1064. 3. Use the services of available community organizations, consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including SCS firms and minority - owned and women -owned business enterprises. Type Contractor Name Here Page 11 of 19 2013 Contract 57 G. Sanctions for Violations - Any violation of the mandatory requirements of the provisions of this section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. H. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the Americans with Disabilities Act of 1990 as amended (ADA). Pursuant to Title II of the ADA, and Section 504, King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, services, and activities to County employees or members of the public under this Contract in the same manner as King county is obligated to under Title II of the ADA, and Section 504 and shall not deny participation of the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for the immediate termination of, this Contract. The Contractor agrees to provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16; and The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their Contract or agreement with the County, the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16, that the Subcontractor shall not discriminate against persons with disabilities in providing the work under the Contract and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision. XVI. SUBCONTRACTS AND ASSIGNMENT /SUBCONTRACTING A. The Contractor shall include the above Sections 111. Future Support, IV. Compensation and Method of Payment, V. Equipment Purchase, Maintenance and Ownership, VII. Internal Control, Accounting and Audits, VIII Records, Inspections and Evaluations, XIII. Hold Harmless and Indemnification, XIV. Insurance Requirements, XVI. Subcontracts and Assignment/Subcontracting, paragraph B -I, XXV. Service Provided in Accordance with Law and Rule and Regulation, and XXVII. Political Activity Prohibited in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B. The Contractor agrees 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 Type Contractor Name Here 58 Page 12 of 19 2013 Contract party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." C. The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the Excluded Parties List System http: / /epls.arnet.gov, which lists all suspended and debarred entities. D. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent shall be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment or subcontract. E. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. XVII. CONFLICT OF INTEREST A. The Contractor agrees to comply with applicable provisions of KCC Chapter 3.04. Failure to comply with such provisions shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI. Termination and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. Disclosure of Current and Former County Employees - To avoid any actual or potential conflict of interest or unethical conduct: 1. County employees or former County employees are prohibited from assisting with the preparation of proposals or contracting with, influencing, advocating, advising or consulting with a third party, including Contractor, while employed by the County or within one year after leaving County employment if he /she participated in determining the services contracted for herein or processes to be followed while a County employee. 2. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this Contract may result in termination of this Contract. 3. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVIII. CONFIDENTIALITY The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XIX. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH Type Contractor Name Here Page 13 of 19 2013 Contract 59 A. If the Contractor maintains computerized or other forms of data that includes personal information owned by the County, the Contractor shall notify the County of any breach of the security of the data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in accordance with RCW 42.56.590 (2). B. The Contractor shall provide all information requested by the County including the following in accordance with RCW 42.56.590, KCC 2.14.030, the King County Information Privacy Policy and any other applicable federal, state and local statute: 1. Circumstances associated with the breach; 2. Actions taken by the Contractor to respond to the breach; and 3. Steps the Contractor shall take to prevent a similar occurrence. This information shall be provided in a format requested by the County. C. The County may at its sole discretion, require the Contractor to contact the appropriate law enforcement Contractor and to provide the County a copy of the report of the investigation conducted by the law enforcement Contractor. The Contractor shall also provide the County with any information it has regarding the security breach. D. The Contractor shall conspicuously display King County's Privacy Notice and provide a printed copy upon request. E. The Contractor shall be responsible for notifying individuals whose personal information may have become available to unauthorized users through a security breach. The Contractor shall also be responsible for any cost associated with notifying the affected individuals. This notification must be in accordance with RCW 42.56.590 (7). F. If the Contractor demonstrates that the cost of providing notice would exceed $250,000, or that the potentially affected persons exceeds $500,000, or the Contractor does not have sufficient contact information, substitute notice shall consist of the following in accordance with RCW 42.56.590 (7), (c). 1. E -mail notice when the Contractor has an e-mail address for the subject persons; 2. Conspicuous posting of the notice on the Contractor's web site page, if the Contractor maintains one; and 3. Notification to major County -wide media. G. For the purpose of this section, "personal information" means the same as defined in RCW 42.56.590 1. An individual's first name or first initial and last name in combination with any one of the following data elements, when either the name or the data elements are not encrypted: social security number; driver's license number or Washington identification card number; or Type Contractor Name Here 60 Page 14 of 19 2013 Contract 2. Account number or credit or debit card number, in combination with any required security code; access code, or password that would permit access to an individual's financial account. XX. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations (CFR) Parts 160 and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by this Contract, HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates. 2. The Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible for compliance with the security provisions of HIPAA and HITECH that apply to business associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR. 3. Within two business days of the discovery of a breach as defined at 45 CFR § 164.402 the Contractor shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Contractor is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered in accordance with the terms of 45 CFR § 164.410. The information shall be updated promptly and provided to the County as requested by the County. 4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract or the law. Type Contractor Name Here Page 15 of 19 2013 Contract 61 5. The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days of the Contractor knowledge of such event. 6. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 7. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. 8. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. 9. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, HITECH or this Contract. 10. The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c) (1) and 45 CFR §164.528, of disclosures of protected health information that have been made by the Contractor acting on behalf of the County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County, or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses Type Contractor Name Here 62 Page 16 of 19 2013 Contract and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. D. Reimbursement for Costs Incurred Due to Breach Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor. XXI. EMERGENCY RESPONSE A. The Contractor shall prepare and submit within six months of the execution of the Contract the necessary plans, procedures and protocols to: 1. Respond to and recover from a natural disaster or major disruption to Contractor operations such as a work stoppage; and 2. Continue operations during a prolonged event such as a pandemic. B. The Contractor shall conduct exercises or drills to test the effectiveness of its plans at least once a year and document the results of the exercise or drill. C. The Contractor shall prepare the plans in a format approved by the County. The explanation of the format will include the specific content of the Contractor's plans. The County will specify areas that must be addressed in the Contractor's plan. D. The County may waive the requirements in subsections A, B or C upon written request by the Contractor identifying compelling reasons why such requirements should not apply. XXII. NOTICES Unless otherwise specified in the Contract, all notices or documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when received at the addresses first set forth below via U.S. mail, personal delivery or electronic mail with the notice or documentation attached in a portable document format (PDF). XXIII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Contractor shall use recycled paper for all printed and photocopied documents related to the submission of this solicitation and fulfillment of the Contract and shall, whenever practicable, use both sides of the paper. (Reference: KCC 18.20 & King County Executive Policy CON 7 -1 -2). XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor, and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the Department of Social and Health Services (DSHS) and County Agreement on General Terms and Conditions between the DSHS and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. Type Contractor Name Here Page 17 of 19 2013 Contract 63 The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the Excluded Parties List System http: / /epls.arnet.gov, which lists all suspended and debarred entities. In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. This Contract shall be governed by and construed to the laws of the State of Washington. Any claim or suit between the parties arising out of this Contract may only be filed and prosecuted in King County Superior Court of U.S. District for the Western District of Washington, in Seattle. XXV. NO THIRD PARTY BENEFICIARIES Except for the Parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a Party hereto. XXVI. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XXVII. FORCE MAJEURE The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract. If any party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the County shall be entitled to exercise any remedies otherwise provided for in this Contract, including termination for default. XXVIII. SEVERABILITY Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the date above written. KING COUNTY CONTRACTOR Type Contractor Name Here 64 Page 18 of 19 2013 Contract FOR King County Executive Signature Date Name (Please type or print) Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY OCTOBER 2012 Type Contractor Name Here Date Page 19 of 19 2013 Contract 65 EXHIBIT II CONTRACTOR GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. I. ADDITIONAL REQUIREMENTS— COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations or State Public Agencies If the Contractor is a municipal corporation or an agency of the State of Washington, costs for which the Contractor requests reimbursement shall comply with the policies, guidelines and requirements of 2 CFR Part 225 "Cost Principles For State, Local and Indian Tribal Governments" and the sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at OMB Circular A -102 and 24 CFR § 570.502(a) Applicability of Uniform Administrative Requirements, unless otherwise provided in the Project /Program Exhibit(s). B. Not - for - profit Corporations If the Contractor is a not - for - profit corporation, costs for which the Contractor requests reimbursement shall comply with, unless otherwise provided in the Project /Program Exhibit(s), the policies, guidelines and requirements of 2 CFR 230, "Cost Principles for Non - Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations, identified at 2 CFR Part 215 and 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. C. Excess Federal Funds CDBG funds on hand shall not exceed $5,000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. D. Program Income Contractor Name 66 The Contractor shall report to the County the receipt and expenditure of all CDBG Program Income, as defined in 24 CFR § 570.500(a), that is generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. Program income shall be returned to the County unless the County specifies that it may be retained by the Contractor. If the County authorizes the Contractor to retain the Program Income to continue or benefit a project or projects, the Contractor shall comply with all provisions of the Contract in expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section XI, Termination of the Community and Human Services and Public Entity Services Contracts. Page 1 of 8 2013 Contract -Exh 11 II. ADDITIONAL REQUIREMENTS— MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions to the six year retention period specified in Section VIII, Records, Inspections and Evaluations of the Community and Human Services and Public Entity Services Contracts are as follows: 1. Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR § 85.20 and the OMB Circular A -87 for governmental agencies, 24 CFR § 84.21 and OMB Circular A -122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. C. Employment Records If the Contractor is a municipal corporation or agency of the State of Washington, it agrees to maintain the following data for each of the Contractor's operating units funded in whole or in part with CDBG funds provided under this Contract. 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO -4 form, and 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Contractor shall maintain documentation of the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or Housing and Urban Development (HUD) has found that the Contractor has previously discriminated against persons on the grounds of race, color, national origin or sex in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E. Additional Records The Contractor shall maintain separate files for each program exhibit including: 1. Notice of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; 3. Correspondence regarding budget revision requests; Contractor Name Page 2 of 8 2013 Contract -Exh 11 67 4. Copies of all invoices and reports submitted to the County; 5. Bills for payment; 6. Copies of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with the applicable OMB Circular. Such records include, but are not limited to the following. a. Personnel costs - payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed by a supervisor and, if less than full time, annotated to document percent of time charged against this Exhibit. b. Staff travel - documentation of mileage charges for private auto. c. Copy machine use, postage, telephone use, and office supplies - when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 8. Documentation of the solicitation process used to select vendors and subcontractors along with original purchase orders and subcontracts. III. ADDITIONAL REQUIREMENTS— NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements The Contractor shall comply with all applicable federal laws prohibiting discrimination, including the following: 1. Presidential Executive Order 11063 as amended and implementing regulations at 24 CFR Part 107; 2. Section 109 of the Housing and Community Development Act of 1974, as amended 42 United States Code (USC) 5301; 3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. B. Prohibited Discriminatory Actions Contractor Name 68 The Contractor may not, under any program or activity to which this Contract applies, directly or through contractual or other arrangements, unlawfully discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Such discriminatory actions may include, but are not limited to, the following: 1. Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; Page 3 of 8 2013 Contract -Exh 11 2. Denying any person services due to limited English proficiency; 3. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; 5. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and 7. Denying any person any opportunity to participate in a program or activity as an employee. 8. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and communication barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense. C. Employment Projections In all solicitations under this Contract, the Contractor shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this Section. IV. ADDITIONAL REQUIREMENTS— NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 24 CFR § 85.36(e) as amended if the Contractor is a municipal corporation or an Agency of the State of Washington and 24 CFR § 84.44(b)(1) -(5) if the Contractor is a nonprofit corporation. In accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in XV F, Small Contractors and Suppliers and Women Business Enterprises Opportunities of the Community and Human Services Contract and Public Entity Services Contract. Contractor Name Page 4 of 8 2013 Contract -Exh 11 69 V. ADDITIONAL REQUIREMENTS— SUBCONTRACTS AND PURCHASES A. A Contractor that receives federal funds under this Contract also shall include the following sections in every subcontract or purchase order for goods and services that are paid in whole or in part with funds provided under this Contract: Section I.. Compensation and Method of Payment, Subsections A. or B. and D. B. Debarred Contractors The Contractor certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor is under suspension, debarment, voluntary exclusion or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 12549 or 12689, "Debarment and Suspension ". The Contractor further certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor has any proceeding pending to suspend, debar, exclude or determine them ineligible from participation in federal assistance programs under Presidential Executive Order 12549 or 12689. The Contractor shall not make any award at any time to any contractor that is debarred, suspended, or excluded from participation in federal assistance programs under Presidential Executive Order 12549, "Debarment and Suspension ". The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this Contract have not been disbarred or suspended from federal contract participation. This may be done by checking the System for Award Management at https://www.sam.qov, which lists all suspended and debarred entities. C. Federal Procurement Requirements If the Contractor is a municipal corporation or an Agency of the State of Washington, it agrees to comply with procurement requirements specified in 24 CFR § 85.36(b) through (g). If the Contractor is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR § 84.40 through 84.48, unless otherwise provided in the Project/Program Exhibit.. The regulations at 24 CFR § 85.36 (b) through (g) and 24 CFR § 84.40 through 84.48 require that all goods and services, irrespective of cost, be procured using a competitive process. D. Failure to Comply is Default Failure by the Contractor to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VI. ADDITIONAL REQUIREMENTS— CONFLICT OF INTEREST A. No Conflict of Interest Contractor Name 70 The Contractor agrees to abide by the provision of 24CFR § 84.42 and 570.611, if applicable, which include (but are not limited to) the following. 1. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the Page 5 of 8 2013 Contract -Exh 11 award and administration of contracts supported by federal funds under this Contract; 2. No employee, director, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may have or obtain a financial interest in any contract, subcontract or agreement regarding a CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or and one year thereafter. For purposes of this paragraph, "covered person" includes any person who is an employee, agent, consultant, officer, or elected director of the Contractor or the County. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. VII. ADDITIONAL REQUIREMENTS— POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Contractor certifies, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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 Contractor shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. The Contractor shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. Contractor Name Page 6 of 8 2013 Contract -Exh 11 71 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. VIII. ADDITIONAL REQUIREMENTS— EQUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP Disposition of Equipment If the Contractor ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Contractor wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR § 570.502(b)(3)(vi), if the Contractor is a nonprofit corporation and 24 CFR § 570.502(a) and 24 CFR § 85.32(e) if the Contractor is a municipal corporation or an agency of the State of Washington. The Contractor agrees that it will contact the County for instructions prior to disposing of, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. IX. SUPPLANTING A. Not - for - Profit Corporation If the Contractor is a nonprofit corporation providing public (human) services under this Contract with CDBG funds and the Contractor received non - federal funds from King County ( "local funds ") or any other source to provide the same services as those funded herein during the preceding calendar year, the Contractor must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation If the Contractor is a municipal corporation, any federal CDBG Funds made available under this Contract shall not be utilized by the Contractor to reduce or replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REQUIREMENTS A. Drug -Free Workplace Certification The Contractor certifies that it is in compliance with the Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 § part 24, subpart F. B. Other Federal Requirements Contractor Name 72 The absence of mention in this Contract of any other federal requirements which apply to the award and /or expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5 USC Chapter 15) regarding political activities. Page 7 of 8 2013 Contract -Exh 11 XI. CONSTITUTIONAL PROHIBITION Funds Not Used for Religious Purposes In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. The following restrictions and limitations apply to the use of CDBG funds: A. A Contractor may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the assistance funded under this Contract. If the Contractor conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this Contract, the Contractor shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Contractor Name Page 8 of 8 2013 Contract -Exh 11 73 EXHIBIT III CITY OF TUKWILA TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM Contract No.: 5617472 Project No.: C13342 -1120796 King County Project Manager: Randy Pop lock Agency Contact Person: Evelyn Boykan Start Date: October 1, 2013 Telephone: (206) 433-7180; Fax: (206) 433-7183 End Date: September 30, 2014 Email: evie.boykan@tukwilawa.gov WORK STATEMENT The City of Tukwila (hereinafter referred to as "the Contractor") agrees to provide funds to repair the existing stock of homes owned by low- to moderate-income households in the South King County communities of Covington, Des Moines, Sea Tac, and Tukwila, as described in this Exhibit beginning on October 1, 2013, and completing these services by September 30, 2014. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $125,000 in King County Community Development Block Grant (CDBG) funds. PROGRAM DESCRIPTION The preservation of the housingof:low- to moderate-income home ownerthrough the provision of funds to repair the existing stock of homes owned by low- to moderate-income . „-- households. Indicators The number of unduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, Sea Tac, and Tukwila. Eligibility igible clients shall have an annual gross family income that does not exceed e Moderate Income limits based on the applicable Family Size in the following 2013 United States Housing and Urban Development (HUD) Income Guidelines Table. Clients may self-certify in writing that their family income does not exceed the applicable limit. A. B. City of Tukwila 74 2013 HUD INCOME GUIDELINES Median Family Income = $86,700 Effective January 1, 2013 FAMILY SIZE 30% MEDIAN EXTREMELY LOW-INCOME 50% MEDIAN LOW- INCOME 80% MEDIAN MODERATE- INCOME 1 2 3 4 5 6 7 8 $18,200 $20, 800 $23,400 $26,000 $28,100 $30,200 $32,250 $34,350 $30,350 $34,700 $39,050 $43,350 $46, 850 $50,300 $53,800 $57,250 $45,100 $51,550 $58,000 $64,400 $69,600 $74,750 $79, 900 $85,050 Page 1 of 7 2013 Contract 5617472-Exh III 2. The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines to the Contractor electronically or by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents of Covington, Des Moines, SeaTac, and Tukwila. 5. Services shall be provided on a first come, first served basis with safety and health issues prioritized. 6. Eligible clients must have lived in their home for at least one year. C. Definitions 1. Disabled person is an adult who has sevetedisabilities ba0ed on the Bureau of the Census definition. 2. Elderly person is an individual who is 62 years or older. 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. 4. Routine maintenance includes activities that merely keep a structure in good operating condition: such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses. Unit of service is a minor home repair, measured by unique job or repair hours that is undertaken in a client's home. D. City of Tukwila Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low- and moderate-income homeowners in the cities of Covington, Des Moines, SeaTac, and TukvVila. Funds shall be focused on maintaining the safety and health of the occupants, preserving the dwelling and/or conserving energy. These activities may include, but are not limited to: earthquake preparedness, replacing broken switches, sockets, light fixtures, repairing heat sources, repairing gutters and downspouts, replacing or repairing faucets, toilets, sinks, drains, broken or leaky pipes and repairing minor roof leaks. 1. The Contractor agrees to serve, at minimum, the following unduplicated number of units repaired with funds provided under this Exhibit: Page 2 of 7 2013 Contract 5617472-Exh III 75 2013 491 Qtr (Oct-Dec) 2014 1st Qtr (Jan-Mar) 20142»u Qtr (Apr-Jun) 2014 3rd Qtr (Jul-Sep) Total 2O13/ 2014 Number of unduplicated households in Tukwila 5 5 4 4 18 Number of unduplicated households in SeaTac 5 4 4 5 18 Number of unduplicated households in Des Moines Number of unduplicated households in Covington Cumulative Total for all Cities 5 4 19 5 4 17 5 4 18 20 16 72 2, The Contractor agrees to provide, a minimum, at minimum, the following cumutative hours of service: % 2014 2nd Qtr (Apr-Jun) City of Tukwila 76 2013um� Qtr (Oct-Dec) 2014 lst Qtr ��. Minor 1-iorrie Repair hours in Tukwila 15 2014 3rd Qtr Total 2013/ 2014 10 10 50 Minor Home Repair hours SeaTac Repair hours in Des Moines Minor Home Repair hours in Covington 12 15 19 12 15 19 15 15 19 54 60 76 Total for all-, Cities 64 61 56 59 240 The funds provided under this Exhibit shall be used to pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign a Site Specific Environmental Review (ER) Checklist, known as a Tier 3 [eVieVV, for every individual job, before any work begins. This checklist allows Minor Home Repair (MHR) staff to proceed with certain types of projects without obtaining Page 3 of 7 2013 Contrac 5017*72sxxm City of Tukwila King County approval first, including projects involving maintenance, emergency repairs, grab bars or in pre-approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists to the Housing and Community Development (HCD) Environmental Review Specialist quarterly with invoice submittal. The Contractor shall keep photocopies on file. c. If the MHR staff checks "no" to all questions numbersl-4 on a Site Specific ER Checklist, then hMHRtste King County submit information listed on the Site Specific ER Checklist to County ER Specialist, and work shall not begin until the ER Specialist notifies Contractor staff that i an ER for that site (Tier 3) is complete. te ' These reviews shall be submitted along with at least one picture of the project house. d. The MHR staff shall provide the HOD ER Specialist information concerning the following re l gu at i ons f or Tier 3 reviews, as determined in the Tier 1, Five-Year Programmatic ER (published Dec. 2010): i. Section 106: Historic Preservation and Archaeology; ii. Toxic Chemicals; and iii. Flood disaster Protection Act (flood insurance). 4. Lead-Based Paint (LBP) Requirements The Contractor shall complete the HCD Supplementary Lead Based Paint Checklist for all repairs on houses built prior to 1978 and submit /copies to HCD Project Manager with Quarterly Billing Invoice Package as outlined in Section IILB. of this Exhibit. The Contractor shall procure a neutral third party lead based paint certified contractor hired specifically to assess LBP threshold determinations (with the exception of those re-occurring activities that have been pre-determined to not disturb paint). The sub-contractor(s) shall not complete the LBP work on homes they have assessed and shall refer his/her determinations back to the Contractor to coordinate all LBP housing repairs and clearance through King County HCD Staff. c. The Contractor shall monitor job completion and LBP clearance of housing units per Housing Repair LBP standards as set forth in the Minor Home Repair Program Lead Based Paint Requirements and Process. d. If a project repair area is over de minimus and has children under the age of six residing in the house, and is over $5,000 in repair value, the project shall be referred to King County Housing Repair Program by MHR Staff for assessment and completion. Page 4 of 7 2013 Contract 5617472-Exh 111 77 i. In these instances, if the City makes the referral and desires to continue funding the repair as a grant, it will be responsible for all additional costs associated with addressing the repairs and the LBP. The Housing Repair Program will bill the MHR Program for the project in an amount adequate to cover all costs associated with the repair and LBP activity. If the MHR Program runs out of funds available for grant transfer referrals, the referrals will be assessed for the traditional non-amortizing loan program through the Consortium's Housing Repair Program, if desired by the client through normal channels of intake, and general HRP process. ii. The estimated HCD cost associated with LBP review, testing, determination and clearance has been determined to be no less than $500 to cover associated travel and HRP staff time, but will be itemized per project. Multiple tests might be necessary to complete clearance of a project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead-Based Paint Poisoning Prevention in Certain Residential Structures at 24 Code of Federal Regulations (CFR) Part 35. Such records shall include, for each housing unit assisted under this Contract: i. Records evidencing that the housing repair was exempt pursuant to 24 CFR Part 35.115; or ii. Records evidencing that the scope of the housing repair work did not exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that the Contractor provided the required pamphlet to the occupants of the housing unit pursuant to 24 CFR Part 35.910(b); or iii. Records evidencing that the housing repair work was completed in accordance with the procedures specified in 24 CFR Part 35, Subpart J including provision of required notices, and performance of evaluation and clearances. City of Tukwila 78 5. Subcontracted Services a. In addition to the requirements of Section XVI. of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts to provide services (hereinafter "Implementing Agency") and shall incorporate into such subcontracts the provisions in Section II.D., Program Requirements, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the Contractor for goods, materials or services already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with Office of Management Page 5 of 7 2013 Contract 5617472-Exh 111 and Budget 2 Code of Federal Regulations (CFR) 230 (formerly OMB Circular A-122) or 2 CFR 225 (formerly OMB Circular A-87), as applicable. c. The Contractor shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 6. Copyright If this Contract results in any copyrightable material, King County reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for governmental purposes, 7. Public Information All marketing materials, news releases and other pu.blic notices related to projects funded under this Agreement shall include information identifying the source of funds as the King County Community Development Block Grant Program. III. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not exceed $125,000. 1. CDBG Funds • , King County CDBG Funds -South Sub-Region $ 125,000 Teta! CDBG Funds: $ 125,000 Line Item Budget Environmental Review 2,000 roject Management $ 6,500 Office/Operating Supplies Construction Contracts $ 110,500 Communications 0 Travel and Training Lead Based Paint Activities $ 5,000 Other Miscellaneous CDBG eligible cost: $ 1,000 Total CDBG Funds: $ 125,000 B. Billing Invoice Package City of Tukwila 1. The Contractor shall submit a Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved by the County. All required reports shall accompany the invoice statement in order to receive payment. Page 6 of 7 2013 Contract 5617472-Exh III 79 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed by an authorized representative of the Contractor and shall be accompanied by copies of supporting documents. 3. The BiIIing Invoice Package is due within 20 working days after the end of each quarter. 4. Thefinal 20l4vouchershall be submitted no Iaterthan October 10, 2014. C. Method of Payment 1 . The County shall reimburse the Contractor on a quarterly basis for actual expenditures in accordance with the Line Item Budget in Section III.A. 2. Payment to the Contractor may be withheld for any quarter in which the Contractor has not submitted the reports specified in Section IV., REPORTING REQUIREMENTS, of this Exhibit, or in which said reports are incomplete. 3. The Contractor shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit The Contractor agrees to re-negotiate performance requirements if the County determines that such changes are substantial. IV. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in a format and to an address provid County,%� A. The Contractor shall submit a completed Environmental Review Form to the King Count Environmental Review Specialist quarterly, and place a photocopy with client's applications for repairs in the contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice a completed Project Activity Report Form, in a format crbvided bY the County. Each Project Activity Report shall include a narrative with an explanation if actual services are less than 90 percent of the cumulative minimum service requirements as stated in Section II. D.1. of this Exhibit. C. The Contractor shall use the following methods to measure the indicator specified in Section II.D.1. of this Exhibit: Number of units completed. D. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. City of Tukwila 80 Page 7 of 7 2013 Contract 5617472-Exh III City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 14, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De' Sean Quinn and Kate Kruller Staff: David Cline, Jack Pace, Nora Gierloff, Christy O'Flaherty, Evie Boykan, Stacey Hansen, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract - Community Development Block Grant (CDBG) Funds for 2013 Minor Home Repair Program Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $125,000 in Community Development Block Grant funds for the 2013 Minor Home Repair Program. This program, administered by the Office of Human Services since 2005, provides home repair services to low and moderate income homeowners and served 17 Tukwila households in 2012. The cities of Des Moines, Covington and SeaTac also participate in the program via interlocal agreement, with Tukwila serving as fiscal agent. 64 households were served last year between all the participating cities. Staff was asked to expand detail in the informational memo prior to the full Council review on 10/21. UNANIMOUS APPROVAL. FORWARD TO THE OCTOBER 21 REGULAR CONSENT AGENDA. B. Lease Agreement - Way Back Inn Staff is seeking Council approval to enter into another five year lease agreement with the Way Back Inn for the property located at 15421 42nd Avenue South, also known as "Kennedy's Cottage." The Way Back Inn provides free 90 -day transitional housing for families with at least one child under the age of 14. This property passed inspection in 2012 and the Way Back Inn is in very good standing with the City with regard to its program and its maintenance of the housing stock. The City Attorney reviewed the new lease and suggested minor housekeeping updates. UNANIMOUS APPROVAL. FORWARD TO THE OCTOBER 21 REGULAR CONSENT AGENDA. C. Permit User Fee for Technology Investments Staff is seeking Council direction on the adoption of a new technology fee on building, public works and land use permits. Revenues from the fee would offset the total $356,460 cost of the new "Trakit" permit processing system as well as potentially fund the cost of preserving and providing electronic access to current and historical permit records. A combination of technology fee revenue and funds from the microfilming /digitizing budget would enable the Digital Records Coordinator position in the Office of the City Clerk (currently at 3/4 time) to become full time in 2014. Trakit integrates with the City's digital records repository through Laserfiche, providing web -based accessibility of finalized permit records to the public, and would result in less staff time spent on processing public records requests. A survey of other local jurisdictions indicated that many cities are applying a technology fee, and it is either a flat fee, fee per sheet, or percentage of the permit fee ranging from 1.3 to 5 %. The Master Builders Association has written a letter supportive of technology fees if the end result is better service. Materials in the Committee packet provide estimated revenues from technology fees at varying 81