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HomeMy WebLinkAboutCAP 2013-05-13 Item 2C - Grant Agreement - Community Transformation for Tukwila Pool with Seattle Children's HospitalTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director. BY: Amy Kindel!, Aquatic Specialist DATE: May 8, 2013 SUBJECT: Community Transformation Grant for Tukwila Pool ISSUE Community Transformation Grant for the Tukwila Pool. BACKGROUND Pool Staff applied for a Community Transformation Grant (CTG) from Seattle Children's Hospital, Healthy King County Coalition, and Seattle - King County Public Health with funding from the Centers for Disease Control and Prevention (CDC). Cities located in South King County and neighborhoods in South Seattle were eligible to apply for the grant, Metropolitan Parks Districts did not fall within the eligibility guidelines. As the City is the contracted services provider for the pool, the City was eligible to apply. The CTG goal is to transform the health of South King County in an effort to reduce regional health inequities. The grant provides an opportunity and a commitment to work collaboratively on environment, program and infrastructure change for obesity prevention and tobacco control. This work is a part of the CDC's Community Transformation Grants (CTG) Small Communities program, which is funded by the Affordable Care Act's Prevention and Public Health Fund; the $3.6 million grant (received by Seattle Children's, Healthy King County and Seattle — King County Public Health) lasts from October 2012 — September 2014. Tukwila's application requested funding to support the development of policies that will support and aid in continuing to increase aquatics opportunities to children and families in Tukwila. Policies will address needs in the community for universal swimming opportunities and barriers to participation in aquatic safety and fitness activities. The term universal swimming opportunity is a reference to the ability for everyone in our community to learn to swim and safely enjoy aquatic recreation opportunities. Examples of barriers to participation include poverty, cultural barriers, language barriers, and culturally sensitive programing. This project will have two major components. The first component will be researching and creating policies that support universal swim opportunities, the second will be developing policies that support reaching populations that are traditionally underserved in regard to swimming education. To support universal swimming opportunities staff will work to develop policies that support the continuation of our pilot 3rd grade swimming lesson voucher program, and develop policy that supports the youth volunteer GuardStart/Lifeguard program. To support efforts to reach underserved populations staff will work to develop policies that will guide and 19 20 INFORMATIONAL MEMO Page 2 support the use of translated printed materials, and develop a policy for swim programming to meet cultural needs. DISCUSSION In March 2013 the City applied for the Community Transformation Grant from Seattle Children's Hospital, Healthy King County Coalition and Seattle & King County Public Health with funding from the Centers for Disease Control and Prevention. The City's application requested funding to be used to support development of polices that support universal swimming opportunities and overcoming barriers to participation in aquatic activities. The funding request is in line with the Metropolitan Park District's Vision and Goals for the Tukwila Pool. The City of Tukwila was awarded $48,000, the full amount requested. Attachment A is the Agreement which details the Scope of Work for this grant. Attachment B is the Workplan for transforming the health of South Seattle and South King County. RECOMMENDATION It is recommended that the Community Affairs and Parks Committee move this agenda item to the City Council Consent Agenda on May 20, 2013 to authorize the Mayor to enter into agreement with Seattle Children's Hospital to accept the $48,000 grant. ATTACHMENTS A. Seattle Children's Hospital Agreement B. Workplan W:12013 Info Memos - Council \Pool Community Transformation Grant MEMO (5 -3 -13) .doc Seattle Children's Attachment A City of Tukwila SUBAWARD AGREEMENT SEATTLE CHILDREN'S HOSPITAL AND CITY OF TUKWILA This Subaward Agreement (Subcontract) is entered into this 1st day of May 2013 by and between Seattle Children's Hospital, Seattle, Washington 98105, a Washington non - profit corporation (Seattle Children's) and City of Tukwila, a government entity (Subcontractor). BACKGROUND A. Seattle Children's has been awarded that certain DI-MS/CDC (CFDA 93.737) Grant titled "Transforming the Health of South King County to Reduce Regional Health Inequities ", No. 1H75DP004595 -01, dated September 30, 2012 (the Grant) whereby Seattle Children's has committed to work collaboratively on environment, program, and infrastructure change for obesity prevention and tobacco control. B. Subcontractor is a Government Entity that strives to create a balance in addressing the needs of its residential community and the environment with the challenges of maintaining and enhancing a vibrant development climate. C. Seattle Children's wants to engage Subcontractor to perform the work and provide the deliverables described more fully below, and Subcontractor is qualified to perform said work and provide said deliverables. D. In consideration of the mutual promises set forth below, the sufficiency of which is hereby agreed upon, Seattle Children's and Subcontractor agree to the following terms and conditions. AGREEMENT 1. SCOPE OF WORK. Subcontractor will perform the work (Work) and provide the deliverables (Deliverables) described on the Scope of Work attached as Exhibit A (SOW) in accordance with the schedule, specifications and requirements set forth in the SOW. 2. PERSONNEL. Subcontractor will provide experienced and qualified personnel to perform the Work and provide the Deliverables. Subcontractor will be responsible for the performance of its personnel, including its employees, agents and subcontractors (collectively, "Personnel ") under this Subcontract. Subcontractor may not subcontract the provision of any Work or Deliverables without the prior written consent of Seattle Children's. 3. PERFORMANCE PERIOD. The performance period of the Subcontract will extend from May 1, 2013 (the Effective Date) through September 29, 2014, unless terminated earlier in accordance with Section 13 (the Termination Date). 4. COMPENSATION. Subcontractor agrees to accept as compensation in full for the Work and the Deliverables set forth in this Subcontract, the amounts described in the project budget set forth in Exhibit B (the Budget). Specifically, Seattle Children's will reimburse Subcontractor for properly submitted and undisputed Allowable Costs (as that term is defined in Section 4.1 below) set forth in the Budget, provided, however, that under no circumstances shall Seattle Children's reimburse Subcontractor in excess of Forty Eight Thousand Dollars ($48,000.00). No expenses, including without limitation otherwise Allowable Costs, incurred prior to the Effective Date or subsequent to the Termination Date will be reimbursed. Page 1 of 11 21 Seattle Children's City of Tukwila 4.1 Allowable Costs. Subject to the maximum amount payable, set forth in Section 4 above, Allowable Costs shall include only those direct and indirect costs identified in the Budget and shall be payable at the rate shown in the Budget; provided, however, that such direct and indirect costs are or were incurred in accordance with (a) Subcontractor's established policy and procedure; or (b) OMB Circular A -87, State and Local Governments, whichever is more restrictive. 5. PAYMENT TERMS. Subcontractor will submit invoices to Seattle Children's at least quarterly, but not more often than monthly. Each of Subcontractor's invoices shall be 1) in the format specified in the Budget and 2) shall be in sufficient detail to indicate clearly the amount and nature of Allowable Costs and 3) covered dates and must contain the 4) Subcontract number, and 5) certification as to truth and accuracy of invoice. All invoices must be submitted to Seattle Children's Financial Contact at the address set forth in Exhibit D. 5.1 Final Invoice. Subcontractor's final invoice shall be due no later than thirty (30) days following the Termination Date of this Subcontract and must be signed by the Subcontractor's Institutional Official and marked "Final" by the Subcontractor. 6. PRIOR APPROVAL. All requests, which require prior approval, must bear the signature of an authorized official of the business office of the grantee organization as well as the principal investigator or program or project director named on this notice of award. Any requests received that reflect only one signature will be returned to the grantee unprocessed. The request must be submitted by no later than 30 days prior to the effective date of the change. Additionally, any requests involving funding issues must include an itemized budget and a narrative justification of the request. Prior approval is required but is not limited to the following types of requests: 1) Lift funding restriction, withholding, or disallowance, 2) Redirection of funds, 3) Change in Key Personnel, 4) reduction in effort of key personnel by more than 25% of what was approved, 5) Liquidation Extensions (No Cost Extensions), or 6) Canyforward requests. 7. SEATTLE CHILDREN'S PRINCIPAL INVESTIGATOR. Seattle Children's Principal Investigator shall be Dr. Brian Saelens, PhD, who shall be Seattle Children's liaison with Subcontractor and who shall be responsible for monitoring and inspecting Subcontractor's performance under this Subcontract and approve the Work of the Subcontractor. 8. SUBCONTRACTOR'S PRINCIPAL INVESTIGATOR. The Subcontractor's Principal Investigator shall be Malcolm Neely, who shall be responsible for the Work and the Deliverables. No change of Subcontractor's Principal Investigator may be made without the prior written approval of Seattle Children's. 9. REPORTING. 9.1 Monthly Progress Phone Calls. For the duration of this Subcontract, Subcontractor will schedule monthly phone conference calls with the Seattle Children's Program Manager or the Public Health Content Expert, which shall be documented by a mutually agreed upon notes submitted to Seattle Children's Administrative Assistant within five (5) days following each conference. 9.2 Interim Progress Reports. Subcontractor shall produce reports on a quarterly basis with a reporting cycle of October 1- December 31; January 1 — March 31; April 1 — June; July 1 - September 30 in a format supplied by Seattle Children's. At minimum, each report shall (a) reference the Subcontract number and title of the grant and (b) include a summary of the activities undertaken. This will be due on the last day of each quarter. Page 2 of 11 22 Seattle Children's City of Tukwila 9. 3 Annual Progress Report; Final Progress Report & Final Financial Report. Subcontractor shall produce annual and final progress reports no later than thirty (30) days following the Budget period ending September 30, 2013 and September 30, 2014. At minimum, these reports shall include: (a) a comparison of actual accomplishments to the goal established for the period; (b) the reasons for failure, if established goals were not met; and (c) other pertinent information including, when appropriate, analysis and explanation of deviation from expense categories greater than 25 %. 10. CONFIDENTIALITY. 10.1 Definitions. As used in this Subcontract, Confidential Information shall mean all non - public information of either party, whether of a technical, business, administrative or other nature (including without limitation information relating to the technology, customers, patients, employees, affiliates, business plans, promotional and marketing activities, finances, trade secrets, know -how and other business affairs of such party), that is disclosed or made available by one party (the Disclosing Party) to the other party (the Receiving Party) or that is otherwise learned by the Receiving Party in connection with the Work, Deliverables or other activities under this Subcontract, including the terms of this Subcontract. Without limiting the foregoing, Confidential Information includes all such information provided to each party by the other party both before and after the Effective Date of this Subcontract. 10.2 Use and Ownership of Confidential Information. The Receiving Party, except as expressly provided in this Subcontract, will not use or permit others to use the Confidential information, or disclose Confidential Information to anyone other than its directors, officers, employees, representatives, agents, and professional advisors /consultants who are subject to a separate obligation of confidentiality and who have a need to know the Confidential Information in connection with their responsibilities to the Receiving Party. The provisions of this Section 10.2 will not apply to any information that (a) is or becomes publicly available without breach of this Subcontract; (b) can be shown by documentation to have been known to the Receiving Party prior to its receipt from the Disclosing Party; (c) is rightfully received from a third party who did not acquire or disclose such information by a wrongful or tortious act; (d) can be shown by documentation to have been developed by the Receiving Party without the use or disclosure of any Confidential Information; or (e) that is disclosed pursuant to state or federal law, including but not limited to the Washington State Public Records Act or legal discovery. 10.3 Disclosure of Confidential Information. The Receiving Party will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures it takes to protect its own Confidential Information of a similar nature. All Confidential Information will remain the exclusive property of the Disclosing Party, and the Receiving Party will have no rights, by license or otherwise, to use the Confidential Information except as expressly provided herein or as otherwise agreed to in writing by the parties. In the event of a breach of this Section or other compromise of the Disclosing Party's Confidential Information of which a party is or should be aware (whether or not resulting from a breach), the Receiving Party will promptly notify the Disclosing Party in a writing detailing all information known to such party about the breach or compromise, the Confidential Information affected, and the steps taken by such party to prevent the recurrence of such breach and to mitigate the risk to the other party. 10.4 Legally Obligated Disclosure. If the Receiving Party becomes legally obligated to disclose Confidential Information by any governmental entity with jurisdiction over it or pursuant to state or federal law, including the Washington State Public Records Act, or legal discovery, then when feasible the Receiving Party will provide the Disclosing Party with prompt written notice of such request or requirements so that the Disclosing Party may seek an appropriate protective order or other remedy, and /or choose (in the Disclosing Party's sole discretion) to waive the Receiving Party's compliance with the provisions of this Subcontract. Such notice must include, without limitation, identification of the information to be so disclosed and a copy of the order. In any event, Receiving Party will use best efforts to obtain assurances that confidential treatment will be accorded the Confidential Information disclosed. Page 3 of 11 23 Seattle Children's 0 %.SLA“ .. r(HA.,:.:r ,.,N City of Tukwila 10.3 Return of Materials. On request and /or on termination of this Subcontract for any reason, the Receiving Party will return or destroy all Confidential Information of the Disclosing Party according to the Disclosing Party's instructions or relevant industry best practices if no instructions are provided. On the Disclosing Party's request, the Receiving Party will certify in writing that all such Confidential Information has been so returned or destroyed. 11. REPRESENTATIONS AND WARRANTIES. 11.1 Subcontractor's Representations and Warranties. Subcontractor represents and warrants to Seattle Children's that: (a) it will perform the Work and provide the Deliverables in a competent and professional manner in accordance with industry standards; (b) the Deliverables will conform to their specifications, documentation and as otherwise set forth in the applicable SOW. 11.2 Mutual Representations and Warranties. Each party represents and warrants that (a) it will comply with all applicable laws, rules, regulations and orders of any governmental authority in connection with its performance under this Subcontract, and (b) it has the necessary authority to enter into this Subcontract and carry out its obligations hereunder. 12. INDEMNIFICATION. Each party shall, at its own expense, indemnify, defend, and hold harmless the other, its directors officers, employees and agents from and against any losses, liability, damages, penalties, costs, fees, including without limitation reasonable attorney fees, or expenses from any claim or action, including without limitation for bodily injury or death, arising out of or in any way related to the negligent or intentional acts or omissions of itself, its trustees, officers, employees, or agents. 13. TERMINATION. 13.1 Without Cause. Either Party may terminate this Subcontract on thirty (30) days' prior written notice, and upon receipt of such notice, Subcontractor may make no further commitments under the Subcontract and must take all reasonable actions to cancel outstanding obligations. If Seattle Children's terminates the Subcontract pursuant to this Section 13.1, Seattle Children's will be responsible for any portion of the compensation owed to Subcontractor for any Work performed or Deliverables provided through the termination date so long as such Work and Deliverables conform to the terms of this Subcontract. 13.2 With Cause. Either party may terminate this Subcontract for material breach or default of the other party on fifteen (15) days prior written notice to the breaching party. If the breaching party does not cure the material breach or default within the fifteen (15) days, this Subcontract will automatically terminate at such time. 14. NONDISCRIMINATION. By acceptance of this Subcontract, Subcontractor agrees that it will comply with Title VI of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Age Discrimination Act of 1975, as amended, and the Americans with Disabilities Act of 1990. 15. RECORDS & RETENTION. All records pertaining to the activities performed under this Subcontract shall be retained by the recipient for a period of three (3) years in accordance with 45 CFR 74 or 92. 15.1 Financial records, supporting documents, statistical records, audit records and findings, and all other records pertinent to an award shall be retained for a period of three (3) years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report. The only exceptions are the following: Page 4 of 11 24 Seattle Children's .10 I,.., e. 1:54. ∎4f: f. •ff. 1. f 1.1,.1..,4 City of Tukwila 15.1.1 If any litigation, claim, financial management review, or audit is started before the expiration of the 3 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 15.2 The retention period starts from the date of the submission of the Subcontractor's final invoice. 15.3 Subcontractor shall make such records available to Seattle Children's, the Center for Disease Control, the Comptroller General of the US, or any of their duly authorized representatives, for the purpose of making audits, examinations, excerpts and transcriptions. 16. INDEPENDENT CONTRACTOR. Seattle Children's and Subcontractor are independent contractors with respect to the Work performed and the Deliverables provided and received under this Subcontract. The provisions of this Subcontract will not be construed to establish any form of partnership, agency or other joint venture of any kind between Seattle Children's and Subcontractor, nor to constitute either party as the agent, employee or legal representative of the other. All persons furnished by either party to accomplish the intent of this Subcontract will be considered solely as the furnishing party's employees or agents and the furnishing party will be solely responsible for compliance with all laws, rules and regulations involving, among other things, employment of labor, hours of labor, working conditions, workers' compensation, payment of wages, and withholding and payment of all applicable taxes of any nature. 17. NO PUBLICITY. Neither party may use the other party's name or mark in any advertising, written sales promotion, press releases and /or other publicity matters relating to this Subcontract without the other party's prior written consent. 18. GOVERNING LAW. This Subcontract is governed exclusively by the laws of the State of Washington, excluding its conflicts of law rules. Exclusive venue for any action hereunder will lie in the state and federal courts located in Seattle, King County, Washington and both parties hereby submit to the jurisdiction of such courts. 19. ASSIGNMENT. Subcontractor may not assign or transfer this Subcontract, in whole or in part, without Seattle Children's prior written consent. Any assignment in contravention of this provision will be null and void. This Subcontract will be binding on all permitted assignees and successors in interest. 20. ENTIRE AGREEMENT /AMENDMENTS. This Subcontract, including all exhibits that are incorporated herein by reference, contains the entire agreement of the parties regarding the subject matter described herein, and all other promises, representations, understandings, arrangements and prior agreements related thereto are merged herein and superseded hereby (including any provision contained in any Subcontractor invoice, shipping document or other Subcontractor documentation that is different from or in addition to this Subcontract). The provisions of this Subcontract may not be amended except by an agreement in writing signed by authorized representatives of both parties referencing this Subcontract and stating their intention to amend this Subcontract. 21. NOTICES. Except as may be otherwise set forth herein, all notices, requests, demands and other communications hereunder will be in writing and will be deemed to have been duly given: (i) on the next day if delivered personally to such party; (ii) on the date three (3) days after mailing if mailed by registered or certified mail; or (iii) on the next day if delivered by courier. All notices will be sent to the Subcontractor's fiscal agent and the Contracts /Fiscal Administrator address in Attachment C, with a copy for notice of breach and /or termination only to: Seattle Children's Hospital Attn: General Counsel 4800 Sand Point Way NE Seattle, WA 98105 Page 5 of 11 25 Seattle Children's o i:: i'IA • ,G,,d J, ...4 City of Tukwila Such addresses may be changed by notice given by one party to the other pursuant to this Section 23. 22. SEVERABILITY. If any provision of this Subcontract is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed to effectuate the purpose and intent of this Subcontract, and the invalidity or unenforceability of any provision of this Subcontract in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction. 23. WAIVER OF BREACH. The waiver of any breach of any provision of this Subcontract will be effective only if in writing. No such waiver will operate or be construed as a waiver of any subsequent breach. 24. ORDER OF PRECEDENCE. To the extent the terms and conditions of this Subcontract conflict with the terms and conditions of an applicable SOW, this Subcontract will control. 25. INSURANCE. Each party shall provide professional and general liability coverage by either a policy or verification of applicable self - insured retention for their directors, officers, employees and agents in the minimum amount of One Million Dollars ($1,000,00.00) per occurrence and Three Million Dollars ($3,000,00.00) in the aggregate, agreed to by both parties, and to deliver a certificate or other evidence of such insurance to Seattle Children's upon request. 26. FEDERAL, STATE AND LOCAL TAXES. Except as may be otherwise provided in this Subcontract, the Subcontract price includes all applicable Federal, State and local taxes and duties. 27. GENERAL PROVISIONS. 27.1 Section 253 - Needle Exchange. Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 27.2 Section 218 - Gun Control Prohibition. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 28. DATA RIGHTS. Subrecipient grants to Prime Recipient the right to use data created in the performance of this Subaward Agreement solely for the purpose of and only to the extent required to meet Prime Recipient's obligations to the Federal Government under its Prime Award. 28. SURVIVAL. The terms and conditions of this Subcontract that by their sense and context are intended to survive termination hereof will so survive, including the following Sections: Confidentiality (Section 10), Indemnification (Section 12), Records & Retention (Section 15), Insurance (Section 25). CERTIFICATIONS The Certifications, attached hereto as Exhibit C, applies to this Subcontract. Approved and Agreed: SEATTLE CHILDREN'S CONTRACTOR HOSPITAL AUTHORIZED OFFICIAL By: Date: By: Kelly Wallace Jim Haggerton Senior Vice President, Chief Financial Officer Mayor, City of Tukwila Date: Page 6 of 11 26 Seattle Children's .E:. ,. City of Tukwila EXHIBIT A — SCOPE OF WORK (See Article 1) City of Tukwila — Aquatic Program Policies Relevance of Service to the Project: City of Tukwila aims to create policies that support and address barriers to universal swimming opportunities for the community. Related Program Goal /Strategic Direction: Increase access to healthy and safe physical environments Method of Accountability: Designated City of Tukwila staff will meet with the Public Health — Seattle & King County project lead and Seattle Children's staff on a monthly basis, or more frequently as needed, to review project status. The first monthly meeting will include developing a mutually agreed upon work plan to set deadlines and deliverables. Additionally, the City of Tukwila will participate in the CTG program evaluation and adhere to the reporting schedule described in Article 9. Strategy: City of Tukwila aims to support universal swimming opportunities for the community by developing policies that aid in program sustainability, universal swim opportunities, and support sharing swimming opportunities with underserved populations. Outcome Objective 1: By September 29, 2014, increase the number of city planning departments that adopt healthy community planning strategies and actions from 0 to 5. Reportable Milestone Activities & Deliverables 1. Pilot Programming and Needs Assessment City will research existing related policies and programs from other agencies and the community demand through community contacts for the different programs to ensure the policies to be developed reflect the community needs and are based on best practices. Deliverable: Implementation of community need and policy development research 2. Partnership Building and Community Engagement City will develop a community and partner engagement plan to engage current and new partners in program and policy development, adoption and implementation. City will attend partner and community events (e.g. service organization and community groups meetings and community family nights) and make contact with community leaders to promote the programs and deliver translated information to communities that will be able to utilize the various programs. Deliverables: a) Partner and community engagement plan; b) Implementation of partner and community engagement activities; c) Translated materials 3. Policy Development City will draft program and related policies for increasing universal swim opportunities (3`d grade swimming vouchers, Guardstart/lifeguard volunteering) and increasing the city's reach to underserved populations (education and outreach material translation, single gender swims). Deliverables: a) Implementation of policy development activities; b) Draft policies 4. Policy Adoption City will work with the Board of the Metropolitan Parks District to adopt the developed policies with assistance from the community and other partners. Deliverables: Education and outreach material translation policy; Swimming voucher program policy; Youth volunteer Guardstart/lifeguard program policy; Single gender swim program policy. All deliverables described above will be completed by September 29, 2014 Page 7 of 11 27 Seattle Children's City of Tukwila EXHIBIT B - BUDGET (See Sections 4 and 5) Subcontractor may not deviate significantly (25 %) from the major line items of this budget unless specifically approved in advance by the Seattle Children's Financial Contact as set forth in Exhibit D. Salaries $ 28,329 Employee Benefits $ 11,553 Other Direct Costs $ 8,117 Translation $ 6,717 Community Engagement $1,400 Total Direct Costs $ 48,000 Indirect Cost Base $ 48,000 Indirect Cost (0% of MTDC *) $ 0 GRAND TOTAL $ 48,000 * Not to exceed approved Federal negotiated rate. Notes: Ms. Kindell will commit 25% effort for the period of May 1, 2013 — September 29, 2014. Page 8 of 11 28 Seattle Children's .,CS,9TAL • l'Erl :h(ai • .:LL „Ut.f: C-N City of Tukwila EXHIBIT C - CERTIFICATIONS By signing the Subaward Agreement, the authorized official of Subcontractor certifies, to the best of his /her knowledge and belief that: 1. CERTIFICATION REGARDING LOBBYING 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the subcontractor, 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 grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending 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 Subcontractor shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", to the Prime Recipient. 3) The Subcontractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractor shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS. By execution of this Subcontract, Subcontractor certifies to Seattle Children's that it is not delinquent on any Federal debt pursuant to OMB Circular A -129, and that it or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal agency pursuant to government -wide regulations (E.O.s 12549 and 12689). In addition, by execution of this Subcontract, Subcontractor agrees that it will comply with the Clean Air Act (42 USC 7401 et seq.) and the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, when the estimated cost of the Subcontract exceeds $100,000. Violations will be reported to Seattle Children's, the Center for Disease Control, and the Regional Office of EPA. 3. OMB CIRCULAR A -133 ASSURANCE Subcontractor certifies Prime Recipient that it complies with A- 133 and that it will notify Prime Recipient of completion of required audits and of any adverse findings which impact this Subaward. 4. CONFLICT OF INTEREST. Subcontractor certifies that it has implemented and is enforcing a written policy for conflicts of interest consistent with the provision of 42 CFR Part 50, Subpart F & 45 CFR Subtitle A, Part 94 and that at this time there is no conflict of interest as defined by these regulation in connection with this award. If a conflict is identified by the Subcontractor during the period of the award under this Subcontract, the Subcontractor will report to the Seattle Children's Financial Contact at the address set forth in Exhibit D, the existence of the conflict, including the grant title, principal investigator name and the specific method the Subcontractor adopt for addressing the conflict (managing, reducing or eliminating it) within sixty (60) days of identification of the conflict of interest. The Subcontractor will rely on Seattle Children's to report the existence of the conflict to the Center for Disease Control. Page 9 of 11 29 Seattle Children's City of Tukwila EXHIBIT D - CONTACT INFORMATION Seattle Children's Hospital Contacts Principal Investigator Name: Brian Saelens Address: 2001 Eighth Avenue M /S: CW8 -6 City: Seattle State: WA Zip code: 98121 Telephone: (206) 884 -8247 Email: brian .saelens @seattlechildrens.org Program Manager Name: Lindsey Greto Address: 4800 Sand Point Way NE M /S: M 1 -9 City: Seattle State: WA Zip code: 98105 Phone: (206) 987 -4211 Email: lindsey .greto @seattlechildrens.org Financial Contact Name: Roseanne Hampton Address: 2001 Eighth Avenue M/S: CW8 -6 City: Seattle State: WA Zip code: 98121 Telephone: (206) 884 -1441 Email: roseanne .hampton @seattlechildrens.org Administrative Contact Name: Yalonda Speaks Address: 4800 Sand Point Way NE M /S: M 1 -9 City: Seattle State: WA Zip code: 98105 Email: yalonda .speaks @seattlechildrens.org Authorized Official Name: Kelly Wallace Address: 4800 Sand Point Way NE M /S: T -0111 City: Seattle State: WA Zip code: 98105 Email: SCHgrants @seattlechildrens.org Page 10 of 11 30 =° Seattle Children's City of Tukwila City of Tukwila Contacts Principal Investigator Name: Malcolm Neely Address: 4414 South 144th St. City: Tukwila State: WA Zip code: 98168 Telephone: (206) 267 -2350 Email: Malcolm.Neely @TukwillaWA.gov Administrative Contact Name: Amy Kindell Address: 4414 South 144th St. City: Tukwila State: WA Zip code: 98168 Telephone: (206) 267 -2350 Email: Amy.Kindell @TukwillaWA.gov Financial Contact Name: Craig Zellerhoff Address: 6200 Southcenter Boulevard City: Tukwila State: WA Zip code: 98188 Telephone: (206) 433 -1836 Email: Craig.Zellerhoff @TukwillaWA.gov Authorized Official Name: Rick Still Address: 12424 42nd Ave S. City: Tukwila State: WA Zip code: 98168 Telephone: (206)767 -2344 Email: Rick.Still @TukwilaWA.gov Page 11 of 11 31 32 Attachment B Transforming the Health of South Seattle and South King County is a collaborative effort to change environments so all residents can be physically active, have access to healthy foods and drinks and live in tobacco -free environments. This work is a part of the CDC's Community Transformation Grants (CTG) Small Communities program, which is funded by the Affordable Care Act's Prevention and Public Health Fund; the $3.6 million grant lasts from October 2012 — September 2014. Our Intervention Area includes the cities of Auburn, Burien, Des Moines, Kent, Normandy Park, Renton, SeaTac and Tukwila, and the neighborhoods of Southeast Seattle and North Highline. This area has a combined population of over 479,000. The project is a partnership between Seattle Children's, Public Health - Seattle & King County (PHSKC), the Healthy King County Coalition (HKCC) and a network of community organizations who will implement changes that support the health of children and families. Seattle Children's role is to provide leadership, grant oversight and funding for community organizations. As the local experts for chronic disease prevention, PHSKC provides co- leadership, sector coordination and on- the - ground subcontractor support. HKCC provides expertise in multi - sector community engagement and brings strong ties to community organizations and residents. 1. Increase the number of residents with access to tobacco -free or smoke -free environments. • Housing: Convert over 3,000 multi -unit residences to smoke -free (Renton Housing Authority, and other housing partners TBD) • Parks: Implement tobacco -free parks in two cities (parks partners TBD) 2. Increase the number of residents who are exposed to healthy eating Opportunities. • Childcare: Provide technical assistance to 115 child care and afterschool programs to implement healthy eating best practice standards (STARS- approved trainer, Katy Levenhagen) • Schools: Convene learning network of seven other King County school districts for healthier food in schools (Seattle Public Schools). Improve school nutrition through behavioral economic strategies to increase consumption of healthy foods in six schools (University of Washington and Kent School District). Implement a farm to school program in three school districts (Washington State Department of Agriculture with Auburn, Kent and Renton School Districts). • Worksites: Increase the availability of healthy foods and beverages in four hospitals (Health Care Without Harm). Educate the community on health effects of sugary beverages and assistl5 community- based organizations in procuring healthy beverages (Childhood Obesity Prevention Coalition) 3. Increase the number of residents who are exposed to more physical activity opportunities. • Childcare: Provide technical assistance to 115 child care and afterschool programs to implement physical activity best practice standards (STARS- approved trainer, Katy Levenhagen). • Schools: Increase the number of students participating in new high quality, culturally appropriate Physical Education curriculum (Highline and Kent School Districts). 4. Increase the num ber of residents who have access to healthy and safe physical environments. Seattle Children's SPITAL • RESEARCH • FOUNDATION Healthy King County Coalition Public Health La Seattle & King County Made possible with funding from the Centers for Disease Control and Prevention. 33 • Cities: Develop new local best practice healthy community toolkit resources to help cities improve planning (Puget Sound Regional Council). Increase opportunities for physical activity through promoting active transportation and recreation and increasing access to healthy food (city grantees TBD). Our evaluation team is led by Seattle Children's and PHSKC, with support from the University of Washington, Center for Public Health Nutrition. Evaluation team members will work on- the - ground with all subcontractors to monitor performance. We will be conducting a deep dive evaluation for a determined number of strategies, to be identified in early 2013. The Leadership Team will provide strategic advice, review progress, suggest mid- course corrections, explore further cross - sector collaboration, anticipate emerging opportunities and recommend ways to integrate health considerations into decision- making in "non- health" sectors. As highly respected and influential leaders within the focus communities, Leadership Team members have committed to championing CTG strategies to speed diffusion in their sectors and speaking to the media. Members will receive monthly project updates and meet twice per year. Please see our website at http: / /www.kingcounty.gov /healthservices / health /partnerships /CPPW /ctg.aspx or contact Lindsey Greta at Lindsey .Greto @seattlechildrens.org, 206 - 987 -4211 Revised: 5/8/2013 34