HomeMy WebLinkAbout09-192 - Cities of SeaTac, Des Moines and Covington - 2010 Joint Minor Home Repair / Human Services 09- 192(a)
Council Approval N/A
CITY OF TUKWILA CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila, Covington, SeaTac and Des Moines
Section E of Interlocal Agreement No. 09 -192 between the Cities of Tukwila, Covington,
SeaTac and Des Moines is hereby amended as follows:
Add the following to Section E:
3) Abide by additional requirements as outlined in Exhibit 1 and attached.
4) The Cities agree to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject matter of
this Contract: "Subcontractors shall protect, defend, indemnify, and hold harmless King
County, its officers, employees and agents from any and all costs, claims, judgments, and /or
awards of damages arising out of, or in any way resulting from the negligent act or omissions of
subcontractor, its officers, employees, and /or agents in connection with or in support of this
Contract. Subcontractor expressly agrees and understands that King County is a third party
beneficiary to this Contract and shall have the right to bring an action against subcontractor to
enforce the provisions of this paragraph."
CITY OF TUKWILA A CITY OF COVINGTON
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Jim erton, Derek Matheson, City Manager
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APPROVED AS TO FORM APPROVED AS TO FORM
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CITY OF Di(S S CITY OF SEATAC
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Anthony �i, �cl�i ity Manager Todd Cutts, Interim City Manager
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APPR D S TO FORM APPROVED AS TO FORM
Assistant City Attorney Mark JohAson, Sr., Assistant City Attorney
I s' amendment to hiterlocal Agreement Page 1 of 1
Amendment A
EXHIBIT 1
CITY OF SEATAC, DES MOINES, COVINGTON, AND THE CITY OF TUKWILA
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 REOUII2EMENTS— COMPENSATION AND METHOD OF PAYMENT,
A. Municipal Corporations
If the Agency is a municipal corporation, costs for which the Agency requests
reimbursement shall comply with the policies, guidelines and requirements of the United
States Office of Management and Budget (OMB) Circular No. A -87, "Cost Principles For
State, Local and Indian Tribal Governments" and those 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 24 CFR 570.502(a) Applicability of Uniform Administrative
Requirements.
B. Not for profit Corporations
If the Agency is a nonprofit corporation, costs for which the Agency requests
reimbursement shall comply with the policies, guidelines and requirements of OMB
Circular No. A -122, "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 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements.
This subsection shall not apply to an agency that is identified in this Contract as a
Community Based Development Organization under 24 CFR §570.204(c)(1).
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
The Agency shall report 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. All
Program Income is to be returned to the County unless the County specifies that it may be
retained by the Agency. If the County authorizes the Agency to retain the Program
Income to continue or benefit a project or projects, the Agency 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
Interlocal Agreement for Minor Home Repair
Section XI, Termination of the Agency Services and Public Entity Services Contracts, or
Section IX, Termination of the Special Projects Contract.
11. ADDITIONAL REOUIREMENTS— MAINTENANCE OF RECORDS,
A. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period specified in Section VI, Maintenance of
Records of the Agency Services and Public Entity Services Contracts or Section V
Evaluations, Records and Inspections of the Special Projects Contract 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 Agency is a municipal corporation, it agrees to maintain the following data for each
of the Agency'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.
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 Agency shall maintain documentation of the affirmative action measures the Agency
has taken to overcome prior discrimination if a court or Housing and Urban Development
(HUD) has found that the Agency 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 Agency shall maintain separate files for each program exhibit including:
1. Notice of Grant Award;
Interlocal Agreement for Minor Home Repair
2. Motions, resolutions or minutes documenting Board or Council actions;
3. Correspondence regarding budget revision requests;
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 REOU EREMENTS— NONDISCRINIINATION AND EOUAL
EMPLOYMENT OPPORTUNITY
A. Additional Federal Nondiscrimination Requirements
The Agency shall comply with all applicable federal laws prohibiting discrimination,
including the following:
1. Executive Order 11063 as amended by Executive Order 12259 and implementing
regulations at 24 CFR Part 107; and
2. Section 109 of the Housing and Community Development Act of 1974, as
amended 42 United States Code (USC) 5301.
B. Prohibited Discriminatory Actions
The Agency may not, under any program or activity to which this Contract may apply,
directly or through contractual or other arrangements, discriminate on the grounds of age,
color, creed, familial status, marital status, nationality, religion, race, sex, sexual
orientation, or the presence of any, physical, mental or sensory disability. Discriminatory
actions may include, but are not limited to, the following:
1. Denying any person access to facilities, services, financial aid or other benefits
provided under the program or activity;
2. Denying any person services due to limited English proficiency;
Interlocal Agreement for Minor Home Repair
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.
C. Employment Projections
In all solicitations under this Contract, the Agency 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 REOUIREMENTS— NONDISCREMINATION IN SUBCONTRACTING
PRACTICES
In soliciting subcontractors to supply goods or services for the activities under this Contract, the
Agency shall comply with 24 CFR 8536(e) as amended if the Agency is a municipal
corporation, and 24 CFR 84.44(b)(1) -(5) if the Agency is a nonprofit corporation. In
accordance with these regulations, the Agency 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 E, Small Business and
Women Business Enterprise Opportunities of the Agency Services Contract, or XV D, Small
Business and Women Business Enterprise Opportunities of the Public Entity Services Contract.
V. ADDITIONAL REOUIREMENTS— SUBCONTRACTS AND PURCHASES
A. Debarred Contractors
The Agency shall not make any award at any time to any contractor, which is debarred,
suspended, or excluded from participation in federal assistance programs under Executive
Order 12549, "Debarment and Suspension
B. Federal Procurement Requirements
If the Agency is a municipal corporation, it agrees to comply with procurement
requirements specified in 24 CFR 85.36(b) through (g). If the Agency is a nonprofit
corporation, it agrees to comply with procurement requirements specified in 24 CFR
84.40 through .48. The regulations at 24 CFR 85.36 (b) through (g) and 24 CFR
Interlocal Agreement for Minor Home Repair
84.40 through .84.48, require that all goods and services, irrespective of cost, be procured
using a competitive process.
C. Failure to Comply is Default
Failure by the Agency to require compliance with the above terms and conditions in
subcontracts shall constitute a breach of this Contract.
VI. ADDITIONAL REOUIREMENTS CONFLICT OF INTEREST
A. No Conflict of Interest
The Agency agrees to abide by the provision of 24CFR 84.42 and 570.611, which
include (but are not limited to) the following.
1. The Agency shall maintain a written code or standards of conduct that shall
govern the performance of its officer, employees or agents engaged in the award
and administration of contracts supported by federal funds.
2. No employee, officer or agent of the Agency 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.
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 obtain a financial interest in any contract, or have a
financial interest in any contract, subcontract, or agreement with respect to the
CDBG- assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for a period of one year
thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed
official of the County, the Agency or any designated public agency.
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 REOUIREMENTS— POLITICAL ACTIVITY PROHIBITED
A. Certification Regarding Lobbying
The Agency 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 Agency, 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.
Interlocal Agreement for Minor Home Repair
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 Agency shall complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
1. The Agency 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.
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 less than $10,000 and not more than $100.000 for
each such failure.
VIII. ADDITIONAL REOUIREMENTS EOUIPMENT PURCHASE, MAINTENANCE AND
OWNERSHIP
Disposition of Equipment
If the Agency ceases to use equipment purchased in whole or in part with CDBG funds for the
purpose described in this Contract, or if the Agency wishes to dispose of such equipment, the
disposition shall be determined under the provisions of 24 CFR 570.502(b)(3)(vi), if the
Agency is a nonprofit corporation and 24 CFR 570.502(a) and 24 CFR 85.32(e) if the Agency
is a municipal corporation. The Agency agrees that it will contact the County for instructions
prior to disposing, 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 Agency is a nonprofit corporation providing public (human) services under this
Contract with CDBG funds and the Agency 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 Agency 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 Agency is a municipal corporation, any federal CDBG Funds made available under
this Contract shall not be utilized by the Agency 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 REOUIREMENTS
A. Drug -Free Workplace Certification
Interlocal Agreement for Minor Home Repair
The Agency 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
The absence of mention in this Contract of any other federal requirements which apply to
the award, and expenditure of the federal funds made available by this Contract is not
intended to indicate that those federal requirements are not applicable to Agency
activities. The Agency 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.
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. An Agency may not engage in inherently religious activities, such as worship, religious
instruction or proselytizing, as part of the assistance funded under this Contract. If the
Agency 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 Agency shall not discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion or religious belief.
Interlocal Agreement for Minor Home Repair
09-192
Council Approval 12/7/09
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES
MOINES, COVINGTON, AND THE CITY OF TUKWILA FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR
HOME REPAIR PROGRAM
THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to
Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac the City
of Des Moines "Des Moines the City of Covington "Covington and the City of Tukwila
"Tukwila hereinafter referred to as "City" or "Cities," to provide for planning, funding, and
implementation of a minor home repair program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County; and
WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities
have the authority to engage in cooperative efforts that will result in more efficient use of
government resources;
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
made herein, it is agreed as follows:
1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement
between the Cities to consolidate the funding process and implementation of a minor home repair
program. This Interlocal will increase the efficiency of administering the program while
decreasing administrative costs.
Interlocal.
2. Responsibilities.
A. Tukwila's Duties.
1) Contract and act as the fiscal and administrative agent with King County for
the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila
Covington, and SeaTac.
2) Maintain required documentation and prepare required reports for King
County consistent with the County's requirements regarding the use of Community Development
Block Grant funds.
3) Maintain accounts and records that properly reflect transactions related to this
4) Responsible for reimbursing participating cities and submitting required
paperwork to King County.
Joint Human Services Application and Funding MOU
Page 1 of 6
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5) Responsible for the implementation of the minor home repair program within
Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
this Interlocal.
6) Review and pay invoices for any services performed in Tukwila pursuant to
7) Reimburse SeaTac, Covington, and Des Moines on an as received basis for
any invoices received pursuant to this Interlocal.
B. SeaTac's Duties
1) Responsible for the implementation of the minor home repair program within
SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
this Interlocal.
2) Review and pay invoices for any services performed in SeaTac pursuant to
3) Remit invoices to Tukwila for reimbursement.
C. Des Moines' Duties
1) Responsible for the implementation of the minor home repair program within
Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Des Moines pursuant
to this Interlocal.
this Interlocal.
3) Remit invoices to Tukwila for reimbursement.
D. Covineton's Duties
1) Responsible for the implementation of the minor home repair program within
Covington in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Covington pursuant to
3) Remit invoices to Tukwila for reimbursement.
E. Cities' Joint Duties
Joint Human Services Application and Funding ILA
Page 2 of 6
1) Subcontract with an agency /contractors that will perform qualified home
repairs in Tukwila, SeaTac, Covington, and Des Moines in accordance with King County's
Block Grant program and applicable city policies.
2) No City shall use more funds than have been annually allocated to it by King
County for a minor home repair program. However, if a City is unable to spend its portion of the
funds by the 3rd quarter of the year for which the funds were allocated, the Cities may mutually
agree to shift those funds to another City that has an on -going demand for minor home repair.
3. Duration. This Interlocal shall become effective when it is approved by the Cities
and shall remain in effect on an ongoing basis so long as funds are available for the minor home
repair program.
4. Termination. Any City may terminate this Interlocal without cause by giving the
other Cities a thirty -day written notice. The terminating City shall remain fully responsible for
meeting its funding responsibilities to date up to the point of termination and other obligations
established by this Interlocal through the end of the calendar year in which such notice is given.
City
SeaTac
Des Moines
Covington
Tukwila
5. Notices. Notices to the Cities shall be sent to the following persons:
Contact
Human Services Coordinator, currently Colleen Brandt Schluter
4800 S. 188 Street, SeaTac, WA 98188
206.973.4815; chschluterci.seatac.wa.us
Code Enforcement Officer, currently Nancy Uhrich
21630 11 Ave S, Suite D
Des Moines, WA 98198 -6398
206- 870 -6558
nuhrich(a,desmoineswa.gov
Personnnel Division /Human Services, Victoria Throm
16720 SE 271 Street, Ste. 100
Covington, WA 98042
253 -638 -1110 Ext. 2237
Vthrom@ci.covington.wa.us
Human Services Manager, currently Evelyn Boykan
6200 Southcenter Blvd, Tukwila, WA 98188
206.433.7180; eboykan(a,ci.tukwila.wa.us
6. Indemnification. Each City agrees to indemnify the other City from any claims,
damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs
arising out of claims by third parties for breach of contract, property damage, and bodily injury,
including death, caused solely by the negligence or willful misconduct of such City, the City's
employees, affiliated corporations, officers, and lower tier subcontractors in connection with this
Interlocal.
Joint Human Services Application and Funding ILA
Page 3 of 6
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington
for claims of any type brought by any City agent or employee against the other City. This
waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is
expressly made the consideration for this waiver.
7. Insurance. Each City shall procure and maintain in full force throughout the duration
of the Interlocal comprehensive general liability insurance with a minimum coverage of
$1.000.000.00 per occurrence /aggregate for personal injury and property damage. In the event
that a City is a member of a pool of self insured cities, the City shall provide proof of such
membership in lieu of the insurance requirement above. Such self insurance shall provide
coverage equal to or greater than that required of non -self insurance pool member Cities.
8. Applicable Law: Venue: Attorney's Fees. This Interlocal shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties
specifically understand and agree that venue shall be exclusively in King County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
9. Counterparts. This document may be executed in any number of counterparts, each
of which shall be considered an original.
10. Amendment or Modification. This Interlocal may be amended or modified in writing
with the mutual consent of the Cities.
CITY OF SEAT CITY OF TUKWILA
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IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this
day of 2009.
Approved As To Form:
Mark S. Johns; Sr. Assistant City Attorney 12e11ey "JvtKe ke City Attorney
Joint Human Services Application and Funding ILA
Page 4 of 6
Date: J '-(r v k)
Attest: hi: IA S c� "h
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Approved As T9 Fpri
CITY OF DES MO ES
By:
Anthony Piasecki, City Manager
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Title:
Apprs ved As To Form:
Susan Mahoney, Assist aa4t ity Attorney
Joint Human Services Application and Funding ILA
Page 5 of 6
CITY OF,COVINGTON
By: k A ,J
Derek Matheson, City Manager
Date: t z.
Attest:
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Approved As To Form:
Attorney
EXHIBIT A
Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor
Home Repair Program
CALENDAR YEAR 2010
Name of Agencies Participating Cities &Tentative Funding
Total Horne improvement, Tukwila Lead City $23,000
Timber.l::tabitat, and qualified contractors
.loins Human Services Application and Funding ILA
Page 6 of 6
Des Mores $25,000
Seal ac $26,000
Covington $24,000
TOTAL $100,000