HomeMy WebLinkAbout10-010 - King County Community and Human Services - 2010 Minor Home Repair / Human Servicesand
FEDERAL
Federal Catalogue No. 14.218
TOTAL
City of Tukwila
10 -010
Council Approval N/A
King County Contract No. D39852D
Federal Taxpayer ID No.
DUNS No. (if applicable)
Department/Division Community and Human Services /Housing and Community Development
Agency City of Tukwila
Project Title Tukwila, SeaTac, Des Moines, Covington Minor Home Repair Program (C10342)
Contract Amount 100,000 Fund Code 2460 -CDBG
Contract Period From: January 7, 2010 To December 31, 2010
KING COUNTY PUBLIC ENTITY SERVICES CONTRACT 2010
THIS CONTRACT is entered into by KING COUNTY (the "County and City of Tukwila (the
"Agency whose address is 6200 Southcenter Boulevard, Tukwila, WA 98188.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
$100,000 01/07/2010 12/31/2010
$100,000 01/07/2010 12/31/2010
WHEREAS, the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Ordinance No. 16717;
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:
This form is available in alternate formats upon
request for persons with disabilities.
1 6 1 3 DTI
Page 1 of 18
91- 6001519
01- 020 -7504
2010 Contract
A l. EXHIBITS
The Agency shall provide services and comply with the requirements set forth hereinafter
and in the following attached exhibits, which are incorporated herein by reference:
Li Certificates of Insurance /Endorsements Attached hereto as Exhibit!
General Requirements Attached hereto as Exhibit II
Tukwila, SeaTac, Des Moines, and Covington Attached hereto as Exhibit III
Minor Home Repair Program (C10342)
II. DURATION OF CONTRACT
This Contract shall commence on the 7th day of January 2010, and shall terminate on the
31st day of December, 2010, unless extended or terminated earlier, pursuant to the terms
and conditions of this Contract.
III. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the terms and
conditions found in this Contract and its attached Exhibits.
B. The Agency 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 Agency not more than 30 days after a
complete and accurate invoice and all outstanding reports are received and approved.
C. If the Agency's final invoice and reports are not submitted by the day specified in the
attached Exhibit(s), the County will be relieved of all liability for payment to the Agency
of the amounts set forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Contract in
accordance with the budget, if included within an Exhibit. The Agency shall request prior
approval from the County for an amendment to this Contract when the cumulative amount of
transfers among the budget categories within an Exhibit is expected to exceed ten percent of
the total. Exhibit budget. Supporting documents necessary to explain fully the nature and
purpose of the amendment must accompany each request for an amendment.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
V. MAINTENANCE OF RECORDS
City of Tukwila
A. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed
necessary by the County to ensure proper accounting for all Contract funds and
compliance with this Contract.
Page 2 of 18 2010 Contract
VII. AUDITS
VIII. EVALUATIONS AND INSPECTIONS
A. The Agency 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 Agency in the case of fiscal
audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract shall
be subject at all time 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.
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the
Agency'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 42.17.
IX. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred, that is, the Agency has
failed to comply with any terms or conditions of this Contract or the Agency 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 Agency in writing of the nature of the breach;
B. The Agency shall respond in writing no later than ten working days following 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 Agency's response, unless the County, at its sole
discretion, specifies in writing an extension in the number of days to complete the
corrective actions;
City of Tukwila
B. These records shall be maintained for a period of six years after termination hereof
unless permission to destroy them is granted by the Office of the Archivist in
accordance with Revised Code of Washington (RCW) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books, records,
documents, and other evidence and shall notify the County in writing of any changes in
location within ten working days of any such relocation.
A. The Agency 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 Agency agrees this Contract may be
amended to require that the Agency comply with any such additional audit
requirements. Even if this Contract is not amended, the Agency agrees to comply with
any such additional audit requirements.
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C. The County shall notify the Agency in writing of the County's determination as to the
sufficiency of the Agency's corrective action plan. The County shall have sole
discretion in determining the sufficiency of the Agency's corrective action plan;
D. In the event that the Agency does not respond within the appropriate time with a
rective action plan, or the Agency'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.B;
E. In addition, the County may withhold any payment owed the Agency or prohibit the
Agency 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. Subsections A, B, C, and D.
X. ASSIGNMENT /SUBCONTRACTING
A. The Agency 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 Agency not less than 15 days
prior to the date of any proposed assignment or subcontract.
B. "Subcontract" shall mean any agreement between the Agency 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.
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, by providing the Agency 30 days
advance written notice of the termination.
B. The County may terminate this Contract, in whole or in part, upon seven days advance
written notice in the event: (1) the Agency materially breaches any duty, obligation, or
service required pursuant to this Contract; and /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 Subsection XI.B.(1), the
Agency 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 Agency, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement,
the Agency shall immediately return to the County any funds, misappropriated or
unexpended, which have been paid to the Agency by the County.
C. 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 Agency, 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 Agency shall be released
City of Tukwila Page 4 of 18 2010 Contract
XII. FUTURE SUPPORT
City of Tukwila
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.
D. This Contract may be terminated by the Agency without cause, prior to the date
specified by providing the County 90 days advance written notice of the termination.
The Agency shall provide the County 90 days advance written notice of its intent not to
renew this Contract, in whole or in part.
E. 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.
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.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent contractor, and
neither it nor its officers, agents or employees are employees of the County for any
purpose. The Agency 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.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Agency, its employees, and /or others by
reason of this Contract. The Agency shall protect, indemnify, and save 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 Agency's failure to pay
any such compensation, wages, benefits, or taxes, and /or (2) the supplying to the
Agency of work, services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
B. The Agency 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 Agency, 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.
C. The Agency 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 Agency, its officers, employees, and /or agents, in its performance
and /or non performance of its obligations under this Contract. The Agency agrees that
its obligations under this subparagraph extend to any claim, demand, and /or cause of
Page 5 of 18 2010 Contract
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the Agency, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial
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
its article, all such fees, expenses, and costs shall be recoverable from the Agency.
D. The County shall protect, defend, indemnify, and hold harmless the Agency, 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 sole 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 Agency only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Agency 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.
E. 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.
F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and
indemnify the County as detailed in Section XVII.B. of this Contract, the Agency 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 Agency's
subcontractor, its officers, employees, and /or agents in connection with or in support of
this Contract.
G. Nothing contained within this provision shall affect and /or alter the application of any
other provision contained within this Contract.
H. The indemnification, protection, defense and hold harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
XIV. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Agency shall procure and maintain for the
duration of this Contract, insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with, the performance of work
hereunder by the Agency, its agents, representatives, employees, and /or
subcontractors. The costs of such insurance shall be paid by the Agency or
subcontractor. The Agency may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Agency is responsible for ensuring compliance with
all of the insurance requirements stated herein. Failure by the Agency, its agents,
employees, officers and or subcontractors, to comply with the insurance requirements
stated herein shall constitute a material breach of this Contract.
For All Coverages: Each insurance policy shall be written on an "occurrence" form;
except that insurance on a "claims made" form may be acceptable with prior County
approval.
City of Tukwila Page 6 of 18 2010 Contract
City of Tukwila
If coverage is approved and purchased on a "claims made" basis, the Agency warrants
continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not Tess than
three years from the date of Contract termination, and /or conversion from a "claims
made" form to an "occurrence" coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Agency under this Contract.
The Agency 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 by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(ies). Nothing contained within this provision shall affect and /or
alter the application of any other provision contained within this Contract.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as the following:
1. General Liability:
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY).
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. 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:
In the event that services delivered pursuant to this Contract require the use of a
vehicle or involve the transportation of clients by Agency personnel in Agency
owned vehicles or non -owned vehicles, the Agency shall provide evidence of the
appropriate automobile 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, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or "Other States" state taw.
5. Stop Gap /Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
Page 7 of 18 2010 Contract
state funds, the protection provided by the "Stop Gap" endorsement to the
general liability policy.
C. Minimum Limits of Insurance
icy shall maintain limits no Tess than, for:
1. General Liability: $1.000.000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
2. Professional Liability, Errors, and Omissions: $1.000,000 per claim and in the
aggregate.
3. Automobile Liability: $1.000,000 combined single limit per accident for bodily
injury and property damage. Except if the transport of clients by Agency
personnel is involved, then Risk Management will review the appropriate amount
of coverage.
4. Workers' Compensation: Statutory requirements of the state of residency.
5. Stop Gap /Employers Liability: $1.000,000.
D. 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 Agency's liability to the County and shall be the sole responsibility of the Agency.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. Liability Policies Except Professional /Errors and Omissions and Workers
Compensation.
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 Agency in connection with this Contract. (CG 2010
11/85 or its' equivalent)
b. The Agency's insurance coverage shall be primary insurance as respects
the County, its officers, officials, employees, and agents. Any insurance
and /or self- insurance maintained by the County, its offices, officials,
employees or agents shall not contribute with the Agency's insurance or
benefit the Agency in any way.
c. The Agency's insurance shall apply separately to each insured against
whom 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, except by the reduction of the applicable aggregate limit by claims paid,
until after 30 days prior written notice has been given to the County.
City of Tukwila Page 8 of 18 2010 Contract
F. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with
a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with a Bests' rating of B +VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above minimum
requirements the Agency shall, upon notice to that effect from the County, promptly
obtain a new policy, and shall submit the same to the County, with appropriate
certificates and endorsements, for approval.
G. Verification of Coverage
The Agency 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 signed by a person authorized by that insurer to bind
coverage on its behalf. 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.
H. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Agency is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract then such requirements and documentation shall be subject to all of the
requirements stated herein.
Municipal or State Agency Provisions
If the Agency is a Municipal Corporation or an agency of the State of Washington and
is self insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall
constitute compliance with this Section.
XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Nondiscrimination in Employment Provision of Services
During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate or tolerate
harassment on the basis of race, color, sex, religion, national origin, marital status,
sexual orientation, age, or the presence of any sensory, mental, or physical disability in
the employment or application for employment or in the administration or delivery of
services or any other benefits under this Contract. King County Codes Chapters 12.16
and 12.17 are incorporated herein by reference, and such requirements shall apply to
this Contract.
City of Tukwila Page 9 of 18 2010 Contract
B. Nondiscrimination in Subcontracting Practices
During the solicitation, award and term of this Contract, the Agency 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,
and services. In considering offers from and doing business with
subcontractors and suppliers, the Agency shall not discriminate against any person on
the basis of race, color, religion, sex, age, national origin, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified
disabled person.
C. Compliance with Laws and Regulations
Ihe Agency 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, KCC 12.17, RCW Chapter 49.60, Titles VI and VII of the
Civil Rights Act of 1964, 42 United States Code (USC) 2000(a) et seq., the Americans
with Disabilities Act, 42 USC 12102 et seq., and the Restoration Act of 1987. The
Agency shall further comply fully with any affirmative action requirements set forth in
any federal regulations, statutes or rules included or referenced in the contract
documents.
D. Small Business and Minority and Women Business Enterprise Opportunities
The County encourages the Agency to utilize small businesses, including Minority
owned and Women -owned Business Enterprises "M/WBEs in County contracts. The
County encourages the Agency to use the following voluntary practices to promote
open competitive opportunities for small businesses, including M/WBEs.
1. Attending a pre -bid or pre- solicitation conference, if scheduled by the County, to
provide project information and to inform small businesses and other firms of
contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in King County,
including M/WBEs, on solicitation lists, and providing written notice of
subcontracting opportunities to these firms capable of performing the work,
including without limitation all businesses on any list provided by the County, in
sufficient time to allow such businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs.
4. Establishing delivery schedules, where the requirements of this Contract permit,
that encourage participation by small businesses, including M/WBEs.
5. Providing small businesses, including M/WBEs that express interest with
adequate and timely information about plans, specifications, and requirements of
the Contract.
6. Using the services of available community organizations, contractor groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including M/WBEs.
City of Tukwila Page 10 of 18 2010 Contract
7. The Washington State Office of Minority and Women's Business Enterprises
(OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at
860- 208 -1064 or on -line through the web site at htto: /www.omwbe.wa.aov
E. Fair Employment Practices
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance
of this Contract, neither the Agency nor any party subcontracting under the authority of
this Contract shall engage in unfair employment practices.
F. Record- Keeping Requirements and Site Visits
The Agency shall maintain, for at least six years after completion of all work under this
Contract, the following:
1. Records of employment, employment advertisements, application forms, and
other pertinent data, records and information related to employment, applications
for employment or the administration or delivery of services or any other benefits
under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Agency by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Agency's office to
review the foregoing records. The Agency shall provide every assistance requested by
the County during such visits. In all other respects, the Agency shall make the
foregoing records available to the County for inspection and copying upon request. If
this Contract involves federal funds, the Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the contract documents.
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 Agency may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
H. Reporting
The Agency shall complete all reports and forms provided by the County and shall
otherwise cooperate fully with the County in monitoring and assisting the Agency in
providing nondiscriminatory programs.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA)
The Agency has completed a 504 /ADA Self- Evaluation Questionnaire for all programs and
services offered by the Agency (including any services not subject to this Contract) and has
evaluated its services, programs and employment practices for compliance with Section 504
of the Rehabilitation Act of 1973, 29 USC 701 et seq. as amended "504 and the American
Disabilities Act, 42 USC 12102 et seq. as amended. The Agency has completed, attached
as an exhibit to this Contract, and incorporated herein by reference a 504 /ADA Assurance of
Compliance.
City of Tukwila Page 11 of 18 2010 Contract
XVI1: SUBCONTRACTS AND PURCHASES
A. The Agency shall include the above Sections IV, V, VI, VII, VIII, XII, XIII, XIV, XV, and
XVI, in every subcontract or purchase agreement for services which relate to the
subject matter of this Contract.
The Agency 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 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 Agency 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
htto: /eols.arnet.aov, which lists all suspended and debarred entities.
XVIII. CONFLICT OF INTEREST
A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to
comply with any requirement of KCC Chapter 3.04 shall be a material breach of this
Contract, and may result in termination of this Contract pursuant to Section XI and
subject the Agency to the remedies stated therein, or otherwise available to the County
at law or in equity.
B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any County official or employee. The Agency acknowledges
that if it is found to have violated the prohibition found in this paragraph, its current
contracts with the County will be cancelled and it shall not be able to bid on any County
contract for a period of two years.
C. The Agency acknowledges that for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. Agency 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 transaction may result in
the County's denying or terminating this Contract. After Contract award, the Agency 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.
City of Tukwila Page 12 of 18 2010 Contract
,XIX. 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.
EQUIPMENT PURCHASE. MAINTENANCE. AND OWNERSHIP
A. The Agency 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 Agency, County, and /or federal, and /or state government, as
specified in the exhibit.
B. The Agency shall be responsible for all such equipment, including the proper care and
maintenance.
C. The Agency shall ensure that all such equipment shall be returned to the appropriate
government agency, whether federal, state or county, upon written request of the
County.
D. The Agency shall admit County staff to the Agency's premises for the purpose of
marking such property with appropriate government property tags.
E. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract identified funds.
XXI. NOTICES
Whenever this Contract requires that notice be provided by one party to another, such notice
shall be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and the director of the County
department specified on page one of this Contract.
Any time, within which a party must take some action, shall be computed from the date that
the notice is received by said party.
XXII. 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 Agency, 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 Agency 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 Agency that are not
modified for use in the performance of this Contract.
City of Tukwila Page 13 of 18 2010 Contract
,XXIII. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Contract.
r'OUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever possible,
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper.
If the cost of recycled paper is more than 15 percent higher than the cost of non recycled
paper, the Agency may notify the Contract Administrator, who may waive the recycled paper
requirement.
The Agency shall use both sides of paper sheets for copying and printing and shall use
recycled /recyclable products wherever practical in the fulfillment of this Contract.
XXV. 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 or 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.
XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of
Washington, rules and regulations promulgated thereunder, and the DSHS and County
Agreement on General Terms and Conditions between the Department of Social and Health
Services 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.
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.
XXVII. CONFIDENTIALITY
The Agency 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.
XXVIII. 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.
City of Tukwila Page 14 of 18 2010 Contract
A. Obligations and Activities of the Agency
1. The Agency 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 Agency 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 Agency is directly responsible for full compliance with the
privacy provisions of HIPAA and HITECH that apply to business associates.
2. The Agency 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 Agency 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 (2) business days of the discovery of a breach as defined at 45 CFR
164.402 the Agency 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 Agency 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 Agency is doing to investigate the breach, to mitigate harm to
individuals, and to protect against any further breaches; the contact procedures of
the Agency 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 Agency agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Agency of a use or disclosure of protected health information by
the Agency in violation of the requirements of this Contract or the law.
5. The Agency 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 Agency knowledge of such event.
6. The Agency agrees to ensure that any agent, including a subcontractor, to whom
it provides protected health information received from, or created or received by
the Agency on behalf of the County, agrees to the same restrictions and
conditions that apply through this Contract to the Agency with respect to such
information.
City of Tukwila Page 15 of 18 2010 Contract
7. The Agency agrees to make available protected health information in accordance
with 45 CFR 164.524.
8. The Agency agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
cordance with 45 CFR 164.526.
9. The Agency 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 Agency 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 Agency 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, Agency 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 Agency acting on behalf of the County. The accounting shall
be provided by the Agency to the County or to the individual, as directed by the
County.
B. Permitted Uses and Disclosures by Business Associate
The Agency 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 Agency shall return or destroy all protected health
information received from the County, or created or received by the Agency on
behalf of the County. This provision shall apply to protected health information
that is in the possession of subcontractors or agents of the Agency. The Agency
shall retain no copies of the protected health information.
2. In the event the Agency determines that returning or destroying the protected
health information is infeasible, the Agency 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 Agency shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for
so long as the Agency maintains such protected health information.
D. Reimbursement for Costs Incurred Due to Breach
Agency 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 Agency.
City of Tukwila Page 16 of 18 2010 Contract
XXIX. EMERGENCY RESPONSE
A. The Agency 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 agency
operations such as a work stoppage; and
2. Continue operations during a prolonged event such as a pandemic.
B. The Agency 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 Agency shall prepare the plans in a format approved by the County. The
explanation of the format will include the specific content of the Agency's plans. The
County will specify areas that must be addressed in the Agency's plan.
D. The County may waive the requirements in subsections A, B or C upon written request
by the Agency identifying compelling reasons why such requirements should not apply.
XXX. PERSONAL INFORMATION NOTICE OF SECURITY BREACH
A. If the Agency maintains computerized or other forms of data that includes personal
information owned by the County, the Agency 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 Agency 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 Agency to respond to the breach and
3. Steps the Agency 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 Agency to contact the appropriate
law enforcement agency and to provide the County a copy of the report of the
investigation conducted by the law enforcement agency. The Agency shall also
provide the County with any information it has regarding the security breach.
D. The Agency shall conspicuously display King County's Privacy Notice and provide a
printed copy upon request.
E. The Agency shall be responsible for notifying individuals whose personal information
may have become available to unauthorized users through a security breach. The
Agency 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 Agency demonstrates that the cost of providing notice would exceed $250.000, or
that the potentially affected persons exceeds $500.000, or the Agency does not have
sufficient contact information, substitute notice shall consist of the following in
accordance with RCW 42.56.590 (7), (c).
City of Tukwila Page 17 of 18 2010 Contract
KING COUNTY
Date
City of Tukwila
1. E -mail notice when the Agency has an e-mail address for the subject persons;
2. Conspicuous posting of the notice on the Agency's web site page, if the Agency
maintains one; and
3. Notification to major County -wide media.
G. For 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
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.
King Co nt cutivt-' J
-tIio
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
November 9, 2009
FOR
!Sig
CITY OF TUKWILA
Name (Please type o.dpfint)
Date
Page 18 of 18 2010 Contract
WA
11- Dec -09
King County Department of Community Human Services
Attn: Randy Poplock, Environmental Review Specialist
401 5th Ave., Suite 510
Seattle, WA 98104
RE: City of Tukwila
Tukwila's Minor Home Repair Program
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 130 municipal corporations in the State of
Washington.
WCIA has at least $1 million per occurrence combined single limit of liability coverage
in its self insured layer that may be applicable in the event an incident occurs that is
deemed to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an "additional insured
Sincerely,
Insurance Authority
6
Eric B. Larson
Deputy Director
cc: Shawn Hunstock
cletter
cities
City of Tukwila Page 1 of 1
Cert#: 6496
EY:
P.O. Box 88030
Tukwila, WA 98138
Phone: 206- 575 -6046
Fax: 206- 575 -7426
2010 Contract Exh I
EXHIBIT II
CITY OF TUKWILA
GENERAL REQUIREMENTS
)Mowing 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
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.
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
Section XI, Termination of the Agency Services and Public Entity Services Contracts,
or Section IX, Termination of the Special Projects Contract.
City of Tukwila Page 1 of 7 2010 Contract -Exh II
11. ADDITIONAL REQUIREMENTS MAINTENANCE OF RECORDS
A. Federal Exceptions to Retention Requirements
F"reptions to the six year retention period specified in Section VI, Maintenance of
GIs 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
Aj 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;
2. Motions, resolutions or minutes documenting Board or Council actions;
3. Correspondence regarding budget revision requests;
City of Tukwila Page 2 of 7 2010 Contract -Exh 11
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 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;
City of Tukwila Page 3 of 7 2010 Contract -Exh II
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;
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 REQUIREMENTS— NONDISCRIMINATION IN SUBCONTRACTING
FRAC TICES
In soliciting subcontractors to supply goods or services for the activities under this Contract,
the Agency shall comply with 24 CFR 85.36(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 REQUIREMENTS— 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
City of Tukwila Page 4 of 7 2010 Contract -Exh 11
84.40 through .48. 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.
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 REQUIREMENTS— 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 REQUIREMENTS— 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
City of Tukwila Page 5 of 7 2010 Contract -Exh II
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 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 REQUIREMENTS— EQUIPMENT 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 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 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.
City of Tukwila Page 6 of 7 2010 Contract -Exh II
X.
DRUG FREE WORKPLACE CERTIFICATION AND OTHER REQUIREMENTS
A. Drug -Free Workplace Certification
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 proselytization, 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.
City of Tukwila Page 7 of 7 2010 Contract -Exh II
EXHIBIT III
CITY OF TUKWILA
TUKWILA/SEATAC /DES MOINES /COVINGTON MINOR HOME REPAIR (C10342)
Contract No.: D39852D
King County Project Manager: Randy Poplock
Start Date: January 7, 2010
End Date: December 31, 2010
WORK STATEMENT
1 Project No.: C10342
Agency Contact Person: Evelyn Boykan
Telephone: (206) 433 -7180; Fax: (206) 433 -7183
1 Email: eboykannci.tukwila.wa.us
The City of Tukwila (hereinafter referred to as "the Agency agrees to provide funds to repair
the existing stock of homes owned by low- to moderate income households in rural South King
County communities of Tukwila, SeaTac, Des Moines and Covington as described in this
Exhibit beginning on January 7, 2010, and completing these services by December 31, 2010.
Ali 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
$100,000 in King County Community Development Block Grant (CDBG) funds.
II. PROGRAM DESCRIPTION
A. Goal
Develop and implement stronger prevention measures to avoid or prevent
homelessness, and create or preserve supportive housing for those who are homeless
or at risk of homelessness to achieve the goal of ending homelessness.
B. Outcome
Preservation of the housing of low- to moderate income home owners through the
provision of funds to repair the existing stock of homes owned by low- to moderate
income households.
C. Indicators
The number of unduplicated clients who receive minor housing repair assistance in the
communities of Tukwila, SeaTac, Des Moines and Covington.
D. Eligibility
1. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2009 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.
City of Tukwila Page 1 of 6 2010 Contract Exh 111
2009 HUD INCOME GUIDELINES
Median Family Income $84,300
Effective March 19, 2009
30% MEDIAN 50% MEDIAN 80% MEDIAN
FAMILY VERY LOW- MODERATE
SIZE LOW- INCOME INCOME INCOME
1 $17,700 $29,500 $44,800
2 $20,250 $33,700 $51,200
3 $22,750 $37,950 $57,600
4 $25,300 $42,150 $64,000
5 $27,300 $45,500 $69,100
6 $29,350 $48,900 $74,250
7 $31,350 $52,250 $79,350
8 $33,400 $55,650 $84,500
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 Agency agrees to
use updated income guidelines that shall be provided by the County. The
County shall provide the updated guidelines to the Agency electronically or by
hard copy.
4. Services provided with funding under this Exhibit may be limited to residents of
Tukwila, SeaTac, Des Moines and Covington.
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.
E. Definitions
1. Disabled person is an adult who has severe disabilities based 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.
5. Unit of service is a minor home repair, measured by unique job or repair hours
that is undertaken in a client's home.
City of Tukwila Page 2 of 6 2010 Contract Exh H I
F. Program Requirements
The Agency shall use CDBG funds to provide minor home repair services for low- and
moderate- income homeowners in the cities of Tukwila, SeaTac, DesMoines and
Covington. 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 Agency agrees to serve, at minimum, the following unduplicated number of
units repaired with funds provided under this Exhibit:
Number of
unduplicated persons
in Tukwila
Number of
unduplicated persons
in SeaTac
Number of
unduplicated persons
in Des Moines
Number of
unduplicated persons
in Covington
Cumulative Total for
all Cities
2. The Agency agrees to provide, at minimum, the following cumulative hours of
service:
Minor Home Repair
hours in Tukwila
Minor Home Repair
hours in SeaTac
Minor Home Repair
hours in Des Moines
Minor Home Repair
hours in Covington
Cumulative Total for
all Cities
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan —Mar Apr —Jun Jul —Sep Oct —Dec Year 2010
3 5 3 3 14
3 3 6 3 15
2 3 2 2 9
1 3 3 3 10
9 14 14 11 48
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total in
Jan —Mar Apr —Jun Jul —Sep Oct —Dec Year 2010
8 8 12 12 40
25 25 25 25 100
3 8 8 10 29
3 9 9 9 30
39 50 54 56 199
The funds provided under this Exhibit shall be used to pay for the costs
associated with the provision of these units of service.
City of Tukwila Page 3 of 6 2010 Contract Exh 111
3. Environmental Review Records
a. The Agency shall complete a King County Environmental Review Record
(ERR), on a form provided by the County, before beginning work at each
site, for each housing unit site that receives minor home repairs. The
ERR shall include the project description, address and applicant name.
b. When the project exceeds the definition of "routine maintenance" and is
not considered an "emergency repair the Agency shall submit a
completed ERR to the County along with a picture of the housing unit
and shall not begin the project work until the County has approved the
ERR form in writing.
4. Lead -Based Paint Records
The Agency 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:
a. Records evidencing that the housing repair was exempt pursuant to 24
CFR Part 35.115; or
b. 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
Agency provided the required pamphlet to the occupants of the housing
unit pursuant to 24 CFR Part 35.910(b); or
c. 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.
5. Subcontracted Services
a. In addition to the requirements of Section XVII of the Contract, the
Agency shall execute written agreements with each agency with which it
subcontracts to provide services (hereinafter "Implementing Agency
and shall incorporate into such subcontracts the provisions in Section II,
Program Requirements, of this Exhibit.
b. The Agency shall invoice the County for due and payable invoices of the
Implementing Agency or for costs paid by the Agency for goods,
materials or services already provided. The Agency shall invoice the
County after the Implementing Agency has invoiced the Agency. The
Agency shall include a copy of the Implementing Agency's invoice with its
invoice submitted to the County. The Agency shall ensure that all costs
for which the Implementing Agency requests reimbursement are
allowable in accordance with OMB Circular A -122 or OMB Circular A -87,
as applicable.
City of Tukwila Page 4 of 6 2010 Contract Exh III
2.
C. Method of Payment
IV. f:EPOR'f ING REQUIREMENTS
All required reports must accompany the invoice statement in order to receive
payment. The Agency 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 Agency and shall be accompanied by copies
of supporting documents.
3. The Billing Invoice Package is due within 20 working days after the end of the
first, second and third quarter.
4. The fourth quarter Billing Invoice Package or an accrual letter, in a format
provided by the County, must be received by close of business on January 7,
2011.
1. The County shall reimburse the Agency on a quarterly basis for actual
expenditures in accordance with the Line Item Budget in Section III.A.
2. Payment to the Agency may be withheld for any quarter in which the Agency
has not submitted the reports specified in Section IV., REPORTING
REQUIREMENTS, of this Exhibit, or in which said reports are incomplete.
3. The Agency 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 Agency agrees to re- negotiate performance
requirements if the County determines that such changes are substantial.
The Agency shall submit electronically the following data reports in a format and to an address
provided by the County.
A. The Agency shall submit a completed Environmental Review Form to the
Environmental Review Specialist and place a hard copy with client's applications for
repairs in the Agency's Minor Home Repair Program file.
B. The Agency shall submit with each invoice a completed Project Activity Report Form, in
a format provided 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. F.1.and II.F.2. of this Exhibit.
C. The Agency shall use the following methods to measure the indicator specified in
Section I1.F.2. of this Exhibit: Number of units completed.
D. The Agency 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 Page 6 of 6 2010 Contract Exh 111