HomeMy WebLinkAboutCAP 2013-09-23 Item 2A - Interlocal Agreement - Minor Home Repair ProgramCity of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community and Parks
FROM: Evie Boykan, Human Services Manager
DATE: September 23, 2013
SUBJECT: An Interlocal Agreement for Minor Home Repair Program
ISSUE
Staff and the City Attorney are recommending a new interlocal agreement between the Cities of
SeaTac, Des Moines, Covington, and Tukwila, as we start the 2013 contract cycle for the Minor
Home Repair Program. Due to the multiple amendments of cities participating, and new
paragraphs on termination, a new agreement has been developed.
BACKGROUND
In January of 2012, Council authorized signature of the interlocal agreement to jointly plan, fund
and implement a minor home repair program. We did not consider what would happen if a City
was unable to fulfill its obligations as defined in the agreement.
ANALYSIS
The City of Pacific has formally terminated their participation in the agreement. Furthermore, we
wanted to assure that this interlocal would be self- renewing as long as funding was provided by
the King County Community Development Block Grant program.
FINANCIAL IMPACT
The Interlocal Agreement outlines how funds would be shifted if each respective city is unable to
spend out the budgeted funds allocated to the implementation of the program. It also gives the
administrative agent the authorization to terminate participation of a City that does not fulfill its
obligations.
RECOMMENDATION
Staff is recommending that Council authorize the Mayor to sign the Interlocal Agreement and
consider this item under the Consent Agenda for October 7, 2013.
ATTACHMENTS
Interlocal Agreement
1
2
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES
MOINES, COVINGTON, AND THE CITY OF TUKWILA FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR
HOME REPAIR PROGRAM
THIS INTERLOCAL AGREEMENT ( "Interlocal ") is entered into pursuant to
Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac ( "SeaTac "), the City
of Des Moines ( "Des Moines "), the City of Covington ( "Covington "), and the City of Tukwila
( "Tukwila "), hereinafter referred to as "City" or "Cities," to provide for planning, funding, and
implementation of a minor home repair program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County; and
WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities
have the authority to engage in cooperative efforts that will result in more efficient use of
government resources;
WHEREAS, the Cities are signatories to a preceding interlocal agreement for the
planning, funding, and implementation of a joint minor home repair program dated February 29,
2012 (the "Former Agreeemnt"); and
WHEREAS, one of the participants to the Former Agreement has recently terminated its
participation in the Former Agreement and the Cities wish to enter into a new interlocal
agreement for the planning, funding, and implementation of a joint minor home repair program
from this point forward;
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
made herein, it is agreed as follows:
1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement
between the Cities to consolidate the funding process and implementation of a minor home repair
program. This Interlocal will increase the efficiency of administering the program while
decreasing administrative costs.
2. Responsibilities.
A. Tukwila's Duties.
1) Contract and act as the fiscal and administrative agent with King County for
the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila
Covington, and SeaTac.
Interlocal Agreeement for Minor Home Repair
Page 1 of 8
3
2) Maintain required documentation and prepare required reports for King
County consistent with the County's requirements regarding the use of Community Development
Block Grant funds.
3) Maintain accounts and records that properly reflect transactions related to this
Interlocal.
4) Responsible for reimbursing participating cities and submitting required
paperwork to King County.
5) Responsible for the implementation of the minor home repair program within
Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
6) Review and pay invoices for any services performed in Tukwila pursuant to
this Interlocal.
7) Reimburse SeaTac, Covington, and Des Moines on an as received basis for
any invoices received pursuant to this Interlocal.
B. SeaTac's Duties
1) Responsible for the implementation of the minor home repair program within
SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
this Interlocal.
2) Review and pay invoices for any services performed in SeaTac pursuant to
3) Remit invoices to Tukwila for reimbursement.
C. Des Moines' Duties
1) Responsible for the implementation of the minor home repair program within
Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Des Moines pursuant
to this Interlocal.
3) Remit invoices to Tukwila for reimbursement.
D. Covington's Duties
1) Responsible for the implementation of the minor home repair program within
Covington in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
Interlocal Agreement for Minor Home Repair
Page 2 of 8
4
this Interlocal.
2) Review and pay invoices for any services performed in Covington pursuant to
3) Remit invoices to Tukwila for reimbursement.
E. Cities' Joint Duties
1) Subcontract with an agency /contractors that will perform qualified home
repairs in Tukwila, SeaTac, Covington, and Des Moines in accordance with King County's
Block Grant program and applicable city policies.
2) No City shall use more funds than have been annually allocated to it by King
County for a minor home repair program. However, if a City is unable to spend its portion of the
funds by the 3rd quarter of the year for which the funds were allocated, the Cities may mutually
agree to shift those funds to another City that has an on -going demand for minor home repair.
Fund allocation shall be as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference. Exhibit A shall be amended annually and all subsequent amended
Exhibit As shall automatically supersede the prior Exhibit A and be fully incorporated herein
upon distribution of each amended Exhibit A to all of the Cities by the administrative agent.
3) Abide by additional requirements outlined in the agreement between Tukwila
and King County for a minor home repair program, which is attached hereto as Exhibit B and
incorporated herein by this reference. Exhibit B shall be amended annually and all subsequent
amended Exhibit Bs shall automatically supersede the prior Exhibit B and be fully incorporated
herein upon distribution of each amended Exhibit B to all of the Cities by the administrative
agent.
4) The Cities agree to include the following language verbatim in every
subcontract, provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King
County, its officers, employees and agents from any and all costs, claims, judgments, and /or
awards of damages arising out of, or in any way resulting from the negligent act or omissions of
subcontractor, its officers, employees, and /or agents in connection with or in support of this
Contract. Subcontractor expressly agrees and understands that King County is a third party
beneficiary to this Contract and shall have the right to bring an action against subcontractor to
enforce the provisions of this paragraph."
5) Duration. This Interlocal shall become effective when it is approved by the
Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor
home repair program.
6) Termination. Any City may terminate this Interlocal without cause by giving
the other Cities a thirty -day written notice. The terminating City shall remain fully responsible
for meeting its funding responsibilities to date up to the point of termination and other
obligations established by this Interlocal through the end of the calendar year in which such
notice is given. The administrative agent is authorized to terminate the participation of any City
Interlocal Agreement for Minor Home Repair
Page 3 of 8
5
that does not fulfill its obligations as set forth in this Agreement. Written notice of such
termination shall be mailed to each City and shall become effective upon said mailing.
7) Notices. Notices to the Cities shall be sent to the following persons:
City
Contact
SeaTac
Human Services Manager, currently Colleen Brandt - Schluter
4800 S. 188th Street,
SeaTac, WA 98188
206 - 973 -4815; cbschluter @ci.seatac.wa.us
Des Moines
Tina Hickey
21630 11th Ave S, Suite D
Des Moines, WA 98198 -6398
206 - 870 -6558; Thickey @desmoineswa.gov
Covington
Personnel Division/Human Services, currently Victoria Throm
16720 SE 271st Street, Ste. 100
Covington, WA 98042
253- 480 -2411 Ext. 2237; vthrom @covingtonwa.gov
Tukwila
Human Services Manager, currently Evelyn Boykan
6200 Southcenter Blvd,
Tukwila, WA 98188
206 - 433 -7180; evie.boykan @tukwilaWA.gov
8) Indemnification. Each City agrees to indemnify the other City from any
claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation
costs arising out of claims by third parties for breach of contract, property damage, and bodily
injury, including death, caused solely by the negligence or willful misconduct of such City, the
City's employees, affiliated corporations, officers, and lower tier subcontractors in connection
with this Interlocal.
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for
claims of any type brought by any City agent or employee against the other City. This waiver is
specifically negotiated by the parties and a portion of the City's payment hereunder is expressly
made the consideration for this waiver.
9) Insurance. Each City shall procure and maintain in full force throughout the
duration of the Interlocal comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event
that a City is a member of a pool of self - insured cities, the City shall provide proof of such
membership in lieu of the insurance requirement above. Such self - insurance shall provide
coverage equal to or greater than that required of non -self insurance pool member Cities.
10) Applicable Law; Venue; Attorney's Fees. This Interlocal shall be governed
by and construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties
specifically understand and agree that venue shall be exclusively in King County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
Interlocal Agreement for Minor Home Repair
Page 4 of 8
6
11) Counterparts. This document may be executed in any number of
counterparts, each of which shall be considered an original.
12) Amendment or Modification. This Interlocal may be amended or modified in
writing with the mutual consent of the Cities. Amendments or modifications to this Interlocal
shall not require the approval of the Cities' legislative bodies.
13) Former Agreement Terminated and Superseded. The Former Agreement
between the Cities is hereby terminated and superseded by this Interlocal.
IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this
day of , 2012.
CITY OF SEATAC CITY OF TUKWILA
By: By:
Todd Cutts, City Manager Jim Haggerton, Mayor
Date: Date:
Attest: Attest:
[Printed Name] [Printed Namej
Title: Title:
Approved As To Form: Approved As To Form:
Mark S. Johnsen, Sr. Assistant City Attorney
CITY OF DES MOINES
Shelley M. Kerslake, City Attorney
By: Tim George, Assistant City Attorney
Anthony A. Piasecki, City Manager CITY OF COVINGTON
By:
Date: Derek Matheson, City Manager
Attest:
[Printed Name]
Title:
Approved As To Form:
Interlocal Agreement for Minor Home Repair
Page 5 of 8
Date:
Attest:
[Printed Namel
7
Title:
Approved As To Form:
Interlocal Agreement for Minor Home Repair
Page 6 of 8
8
Sara Springer, City Attorney
EXHIBIT A
Inter local Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home
Repair Program
Contract Year 2013/2014
Name of Agencies
Qualified contractors
Participating Cities & Tentative Funding
Tukwila - Lead City $28,000
Des Moines $28,000
SeaTac S28,000
Covington $28,000
Environmental Review $2,000
Lead Based Paint 4.000
Project Management 6,000
Miscellaneous
TOTAL
1,000
$125,000
Inter local Agreement for Minor Home Repair
Page 7 of 8
9