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Home My WebLink AboutReg 2016-02-01 Item 3E - Agreement - Community Development Block Grant: 2015-2016 Tukwila Consortium - Minor Home Repair Program wtih King CountyCOUNCIL AGENDA SYNOPSIS ------------------ - - - - -- Initials Aleefiq Dale Prepared by Mayors revien Council review 02/01/16 EB ❑ Resolution AJ g Dale ❑ Ordinance 'Vtg 1)(1/0 ❑ Bid.117vard A'Qg Dale F-1 Public Fleafiq Aftg Dale ❑ 0119er APP Date SPONSOR ❑ Conned E Mqyor ❑ 11R ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P& R [:] Police [:] 1) IV SPONSOR'S The multi-jurisdictional Minor Home Repair Program contract requires Council SUMMARY authorization for the Mayor's signature. The Contract is for $130,000 to be split between the cities of Tukwila, Des Moines, Covington and SeaTac. RI \,irwri) BY ❑ cow mtg. N CA&P Cri-ite ❑ F&S Cnite F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Cornin. ❑ Parks Corni-ii. ❑ Planning Comm. DATE: COMMI'lTFF CllATR: QUINN RECOMMENDATIONS: SPONS()R /At)�ilN. Mayor's Office/Human Services COST IMPACT/ FUND SOURCE EXPEINDITURF Ri:()uiRjm AmOUNTBUI)GEAT') APPROPRIATION REQUIRED $130,000 $130,000 $130,000 Fund Source: HUD Comments.- The Cities pay first, Tukwila is reimbursed by King County. MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 3.E. We, ISTAFFSPONS(AR: EVIE BOYKAN 02/01/16 A(, i 'NDA ITEM TITLIl. 2015 -2016 Tukwila Minor Home Repair Program Cx1'1"1(;(-)RY ❑ Disoission All ,g Dale E Molion ATtg AT/g Date 02101116 ❑ Resolution AJ g Dale ❑ Ordinance 'Vtg 1)(1/0 ❑ Bid.117vard A'Qg Dale F-1 Public Fleafiq Aftg Dale ❑ 0119er APP Date SPONSOR ❑ Conned E Mqyor ❑ 11R ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P& R [:] Police [:] 1) IV SPONSOR'S The multi-jurisdictional Minor Home Repair Program contract requires Council SUMMARY authorization for the Mayor's signature. The Contract is for $130,000 to be split between the cities of Tukwila, Des Moines, Covington and SeaTac. RI \,irwri) BY ❑ cow mtg. N CA&P Cri-ite ❑ F&S Cnite F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Cornin. ❑ Parks Corni-ii. ❑ Planning Comm. DATE: COMMI'lTFF CllATR: QUINN RECOMMENDATIONS: SPONS()R /At)�ilN. Mayor's Office/Human Services COST IMPACT/ FUND SOURCE EXPEINDITURF Ri:()uiRjm AmOUNTBUI)GEAT') APPROPRIATION REQUIRED $130,000 $130,000 $130,000 Fund Source: HUD Comments.- The Cities pay first, Tukwila is reimbursed by King County. MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Information Memo dated 01/08/2016 King County Public Entity Services Contract with exhibits Minutes from the Community Affairs and Parks Committee meeting of 01/25/2016 We, 20 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM T{}: Mayor Ekberg Community and Parks Committee FF7[)K8: Evie Boykan' Human Services Manager DATE: January 8,201G SUBJECT: Minor Home Repair Program Contract ISSUE We have received the 2015/2018 contract from King County for the multi -jurisdiction OOinO[ home repair program. AS the award exceeds $4O'OOO the Council must approve the contract before it can be executed. The term of the contract is December 1, 2015 through October 31, 2010 yet due tO delays with Housing and Urban Development the contract has recently been sent tOV9 for execution. BACKGROUND The Human Services Division has been administering this program in-house since 2005. In 2015 our contractors served 20 unduplicated Tukwila households with 93 hours of housing repair. The cities involved (Tukwila, 8e8TaC' Covington and Des KA0iOes) served @ total of 79 households with over 6OO hours Of service. The budget for the 2D15/2D18 contract iS$13O'OOD for the entire pFOg[anl of Cities and $30'000 in coDSt[UCfiOO dOUan; for TUhvvi|G. FINANCIAL IMPACT We are required to front the dollars for the program and are fully reimbursed with federal dO||3rS. RECOMMENDATION The Council is being asked to authorize the Mayor tO sign the contract with King County Housing and Community Development in the amount of $130,000, and consider this item on the Consent agenda 8t the February 1.2O1O Regular meeting ATTACHMENTS Copy of the Contract 22 Department of Community and Human Services LIQ Community Services Division King County Housing Community Development Section (206) 263-9105 TTY Relay: 711 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT — 2015/2016 Contractor City of Tukwila Project Title Tukwila Consortium Minor Home Repair Program (C15342) Contract Amount $ 130,000 Contract Period From: 12/01/2015 To 10/31/2016 DUNS No. (if applicable) 010207504 SAM No. (if applicable) 47Z60 THIS CONTRACT No. 5824592 is entered into by KING COUNTY (the "County"), and City of Tukwila (the "Contractor") whose address is 6200 Southcenter Blvd, Tukwila, WA 98188. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES FEDERAL Federal Catalogue No. 14.218 $130,000 12/01/2015 - 10/31/2016 TOTAL $130,000 12/01/2015 - 10/31/2016 WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2015/2016 Biennial Budget, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance/Endorsements CDBG General Requirements Tukwila Consortium Minor Home Repair Program C15342 Attached hereto as Exhibit I Attached hereto as Exhibit 11 Attached hereto as Exhibit III 11. Term and Termination A. This Contract shall commence on 12/01/2015, and shall terminate on 10/31/2016, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection I I.A. above, by providing the other party thirty (30) This form is available in alternate formats upon request for persons with disabilities. City of Tukwila Page I of 9 2015-2016 Contract - 5824592 23 days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the Contractor 30 days advance written notice of the suspension. C. The County may terminate or suspend this Contract, in whole or in part, upon seven days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for actual damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. 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 will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. 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. 111111. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract and its attached exhibits B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles promulgated by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor's form of incorporation. City of Tukwila Page 2 of 9 2015-2016 Contract - 5824592 24 V. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. V1. Maintenance of Records/Evaluations and Inspections A. The Contractor 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. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain 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 Contractor 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 the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits and make the foregoing records available to the County for inspection and copying upon request. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—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 will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. The Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within 10 working days of any such relocation. C. The records listed in A and B above shall be maintained for a period of 6 years after termination of this Contract. 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 6 years after termination hereof, unless a longer retention period is required by law. D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. City of Tukwila Page 3 of 9 2015-2016 Contract - 5824592 25 F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kinqcounty.gov/DCHS/contracts VIII. Audits A. The Contractor shall submit to the County a copy of its annual report of exam ination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. If additional federal and/or state audit or review requirements are imposed on the County during the term of this Contract, the Contractor agrees this Contract may be amended to require that the Contractor comply with any such additional audit requirements. Even if this Contract is not amended, the Contractor agrees to comply with any such additional audit requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section I I.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E. X. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. City of Tukwila Page 4 of 9 2015-2016 Contract - 5824592 26 XI. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and /or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and /or others by reason of this Contract. The Contractor shall protect, indemnify, defend 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 Contractor's failure to pay any such compensation, wages, benefits, or taxes, and /or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and /or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and /or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C. The Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and /or agents, in its performance and /or non - performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, and /or agents, in its performance and /or non - performance of its obligations under this Contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. 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. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. City of Tukwila Page 5 of 9 2015 -2016 Contract - 5824592 27 X111. Insurance Requirements By the date of execution of this Contract, the Contractor 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 Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kinqcounty.gov/DCHS/contracts. Contractors shall read and provide required insurance documentation prior to the signing of this Contract. X11111. Assignment /Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections 111, IV, V, VI, V11, X, X1, XIII, XIV, XV, XVI, XVII, XVIII, XXIV, XXV, and XXVI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract 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." XIV. Nondiscrimination and Equal Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kincicounty.gov/DCHS/contracts. XV. Conflict of Interest A. The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this City of Tukwila W. Page 6 of 9 2015-2016 Contract - 5824592 Contract pursuant to Section 11 and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor 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 Contractor 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 Contractor 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. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVIL Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII. 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. XIX. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. City of Tukwila Page 7 of 9 2015-2016 Contract - 5824592 29 XX. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XX11. 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. XXIL 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. XXIII. Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative 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. XXIV.Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, 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 that there is a conflict between any of the language contained in any exhibit or 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. XXV. Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI.No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. City of Tukwila 30 Page 8 of 9 2015-2016 Contract - 5824592 XXVIII. Contractor Certification By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the DCHS website at http://www.kinqcounty.gov/DCHS/contracts and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO /Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY ME King County Executive Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY City of Tukwila Page 9 of 9 CITY OF TUKWILA Signature Name (Please type or print) Date 2015-2016 Contract - 5824592 31 32 DouuSign Envelope ID: aF59seO74r13447s-8e2E-2848F1aoausn Insurance An|hO |tn ^^~~^^ ^^^� PO, Fox G0030 14-Dec- 15 Cert#: 9993 King County Housing & Community Dn/elopment Attn: KondyPoplock 40| Fifth Ave, Ste 50U Seattle, yV/\98lO4 }<B: (`ityo[TVlni10 Minor Home Repair Program (C]5342)-ThronnhlZ/]){%Ol6 Evidence of Coverage The above captioned entity iuu member 0[thc Washington Cities Insurance A (\VCIA)., which is a selfinsured pool ofover 150 public entities in the State of YVusbiogk>n. Tukwi|a, Ix" 9�I .." � � yh'n/ �n6 1-�7� io} b 6/� �Ob��5-742o VVClA has ot least �] oai[lioo per 0ccunCncc limit o[ liability coverage io its self insured layer that may bc applicable in the event uo iooiJcot occurs that is dcuood to be attri�utud k) t�c o�cli ocoF[hcrncmbcc 9V(,1/\ was created hyuoindorloual agreement unono� public entities and liability is sell' funded by the membership, As there is no insurance policy iuvolvod uod YVCbA is not IIISUrance company, your organization cannot be named as an additional insured. Sincerely, Eric B.Larson Deputy Director cc: Peggy McCarthy Evelyn Boykan, LaUric Anderson City of Tukwila Page 1of1 2015o016 h| 34 EXHIBIT 11 CITY OFTUKW|LA COMMUNITY DEVELOPMENT BLOCK GRANT GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. L ADDITIONAL REQUIREMENTS — COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations or State Public Agencies If the Contractor is a municipal corporation or an agency of the State of Washington, costs for which the (|OOtraCtO[ requests reimbursement shall comply with the pO|iCi8S' guidelines and requirements 0f2[|FFl Part 225 "Cost Principles For State, Local and Indian Tribal Governments" and the sections Of24 Code of F8d8[8| FlegV|8tiOOS (CFFl) Part 85 "Administrative Requirements for Grants and Cooperative Agreements tO St8t8, LOC8| and Federally Recognized Indian Tribal GOVS[Onl8OtS^ identified at OMB Circular /\-1O2and 24CFR & 570.502/a\ Applicability of Uniform Administrative Fl8qUireDlHntS. unless otherwise provided in the Project/Program Exhibit(s). B. Not-for-profit Corporations If the COO1rRStO[ is 8 not-for-profit CO[pO[8ti0D. COStS for which the Contractor requests reimbursement shall comply with, unless otherwise provided in the Project/Program Exhihit(S).1h8 pO|iCi8S' gUid8|iD8S and requirements O(2 {|FR 230, "Cost Principles for Non-Profit Organizations," and the S8CtiODS Of24{|FH Part 84, Uniform AdnniDiSƒ[aUiV8 Requirements for Grants and Agreements with Institutions of Higher EdUC8(iOO, Hospitals and Other Non-Profit Organizations, identified 8t2CFFlPart 215 and 24 CFR 570.502 (h). Applicability Of UOifO[nO Administrative Fl8qUireDlHOiS. 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 exC8SS of the amount required shall be promptly returned tO the County. D. Program Income The Contractor shall report hJthe County the receipt and expenditure 0f all [|DBG P[0g/anO |DCOnn8. as defined in 24 CFFl § 570.500(a). that is generated under this Contract for the purposes specified herein O[ generated through the project(s) funded under this CODt[BC1. PnDgr8nl inCDOlB Sh@|| be returned to the County unless the County specifies that it may be retained by the Contractor. If the County authorizes the Contractor tO retain the Program Income tO continue Or benefit 8 project Orprojects, the Contractor shall comply with all provisions of the Contract in expending the funds. This duty iO repay the County shall not be diminished Dr extinguished hy the prior termination of the Contract pursuant to Section X|' T8[nlin81iO0 of the COnnrnUOity and HUnO8n Services and PUh|iC Entity Services Contracts. City of Tukwila Page of 2015-2016 Contract 5e24592-Exh11 UV. ADDITIONAL REQUIREMENTS - MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions tOthe six year retention period specified in S8CdOn V|U' ReCO[d8, Inspections and Evaluations of the Community and Human Services and Public Entity Services Contracts are as follows: Records that are the subject of audit findings, litigation, O[ claims shall be retained for 8period of two YO8nG after 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 Ortransfer 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 CODt[RCt' in accordance with the p[OViSiOnS Of 24[|FFl G 85.20 and the OMB Circular A-87 for governmental agencies, 24CFR884.21 and OMB Circular A-122for Nonprofit Corporations. These records shall contain iDf0rOn8ti0D pertaining to grant awards and authorizations, obligations, UDOh|ig81ed balances, assets, liabilities, outlays and income. C. Employment Records K the CODt[8C1O[ is 8 municipal COrpD[8tOD Or agency Of the State Of VV8ShinOtOO, it agrees to [n8iD(8iO the fOl|DvViDg data for each of the {}OOt[8Ctor'S operating units funded iD whole OriO part with C[}BG funds provided under this Contract. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity COm0iSSiOD'S EEO-4 form, and 2. Documentation {f any actions undertaken to assure equal employment opportunities k}all persons regardless [frace, cO|D/' n8tiOO@| origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Contractor shall maintain documentation Cd the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or Housing and Urban [)9vH|OpmHO[ (HUD) has found that the Contractor has previously discriminated against persons on the grounds of race, color, national origin or sex in administering ap[0g[8rn or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E Additional Records The Contractor shall maintain separate files for each program exhibit including: Notice Of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; City oxTukwila Page pof8 2015-2016 Contract 5824592-Exh11 3. Correspondence regarding budget revision requests; 4. Copies Of all invoices and reports submitted [O the County; 5. Bills for payment; 0. Copies Of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are 8UDVv8h|8 in accordance with the 8pp|iCJh|8 OMB Circular. Such records include, but are not limited to the following. 2. Personnel costs - payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed h»a supervisor and, hless than full time, annotated tO document percent Oftime charged against this Exhibit. b. Staff travel - documentation of mileage charges for private auto. Copy machine use, postage, telephone use, and office supplies ' when these costs are shared with other programs and OO invoice iS @v8i|8b|e. log sheets O[annotated invoices. 8. Documentation Of the solicitation process used tO select vendors and subcontractors along with original purchase orders and subcontracts. UL ADDITIONAL REQUIREMENTS - NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements B. The Contractor shall comply with all applicable federal laws prohibiting diSChOniO8tiOO, including the following: Presidential Executive Order 110838S amended and implementing regulations 8t24CFFl Part 1O7; 2. Section 109 Of the Housing and COnnrDVnhv U8Ve|OpnOHrt Act Of 1974, as amended 42 United States Code (US[|) 53O1; 3. The Americans with Disabilities Act (42[)SC1213;47L1S[|155,2O1,218and 225); and 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. C. Prohibited Discriminatory Actions The Contractor may not, under any program 0[activity to which this Contract applies, directly or through contractual or other arrangements, unlawfully discriminate on the g[OUOdS Of 8g8, CO|Vr. Cne8d' f8Mli|i8| St81US' marital St81US' O8tiOn8|i1v' religion, [RC8, S8X, SexU8| orientation, or the pn8SOnC8 Of any, physical, mental Or sensory diS8h|hv. Such discriminatory actions may include, but are not limited to, the following: City oxTukwila Page 3ofe 2015-2016 Contract 582*ee2Ex 11 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; 3. Providing any p8[SDO with facilities, services, OD8DCi8| aid or other benefits, which are different, or are provided in 8 different form from that provided to Oih8[S under the p[Ogr8[D or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter O[ process related tO receipt [f any service O[ benefit under the program Oractivity; 5. Restricting in any way access tOO[iD the enjoyment OfGDyOdv8Dt8OeOf 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 pg[SOD S81iSfiSS any adnniSSiOD, enR}U[O8Di. eligibility, membership, or other requirement Or condition which individuals DlUSi meet in order to be provided any facilities, services Orother benefit provided under the program Oractivity; and 7. Denying any person any opportunity to participate iD8program or activity as an 8DOD|Oy8H. 8. Failing to design and construct facilities for first occupancy after January 26, 1993 that are P88di|Y 8CCeSSib|8 to and USah|e by individuals with disabilities and failure to nB[nOv8 8[Chit8[tU[D| and CDnlOOUniC8tiOD barriers that are Si[UCtU[a| in nature iD existing facilities, where such removal can be accomplished without difficulty and expense. D. Employment Projections |n all solicitations under this Contract, the Contractor shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements Sh8U constitute compliance with this Section. |V. ADDITIONAL REQUIREMENTS - NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 24{|FR685.3G/e\8s amended if the Contractor iSa OlUniCipR| QO[pO[O1i8D or an Agency of the State of Washington and 24 [|FR § 84.44(b)(1)-/5\ i the Contractor iS@ nonprofit corporation. |O accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in>(VF' Small Contractors and Suppliers and Women Business Enterprises Opportunities of the Community and Human Services Contract and Public Entity Services [|0Dt/aCt. City ofTukwila Page 4ofy 2015-2016 Contract 58245e2-E,»11 V. ADDITIONAL REQUIREMENTS - SUBCONTRACTS AND PURCHASES A. A Contractor that receives federal funds under this Contract also shall include the following sections in every subcontract or purchase order for goods and services that are paid iO whole OriD part with funds provided under this Contract: Section 1. COOlp8OS8tiOn and Method Of P8V[O8Ot, Subsections A. or B. and D. B. OHh8[[ed CO[8[8CtOrG The Contractor certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor is under suspension, debarment, voluntary 8XC|uSiOn or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 1254SOr12089' "Debarment and Suspension". The Contractor further certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor has any proceeding pending to suspend, debar, exclude or determine them ineligible from participation in federal assistance programs under Presidential Executive Order 12549or12O8S. The Contractor shall not make any award 8t any time k} any contractor that iS debarred, suspended, O[ excluded from participation iD federal assistance programs under Presidential Executive Order 12549, "Debarment and Suspension". The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this Contract have not been disbarred or suspended from federal contract participation. This may he done by checking the System for Award Management @t . which lists all suspended and debarred entities. C. Federal Procurement Requirements |f the Contractor iS8 municipal corporation Or8O Agency Vf the State 0f Washington, it agrees k} comply with procurement requirements specified iD24CFR8O5.3G(b) through (g). If the CVD[[8CiOr is 8 OOOp[0fi[ CO[pOr81iOD. it agrees to comply with procurement requirements specified iD24CFR§844O through 84.48,unless otherwise provided in the Project/Program Exhibit. The regulations 8t24CIFR885.36 (h) through /g\ and 24CFF\8G4.4O through 84.48 require that all goods and services, irrespective nf cost, be procured using 8 competitive process. D. Failure to Comply is Default Failure bv the Contractor tO require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VL ADDITIONAL REQUIREMENTS — CONFLICT OF INTEREST A. No Conflict of Interest The Contractor agrees k] abide bv the provision Of24CFF\884.42 and 570.811,if applicable, which include (but are not limited to) the following. The Contractor shall maintain 8 written code Or standards nf conduct that shall govern the performance Of its officers, employees O[ agents engaged iOthe award and administration Df contracts supported by federal funds under this Contract; City ufTukwila Page 5of8 2015-2016 Contract 582*592-Ex 11 2. ;jO employee, director, officer D[ agent Ofthe Contractor shall participate inthe S8|8CtiOD or in the Gvv8rd. or administration Of 8C0nt[OCt supported by federal funds if8 conflict Dfinterest, [88| Or apparent, would be involved. By way Of example, such @ conflict would arise if such 8 person, D[ his 0[ her employer, immediate family member or partner has financial O[ other interest in the entity selected; and 3. NO covered persons who exercise O[have exercised any functions O[ responsibilities with respect to {|[}BG'GGGiSted activities, or who are in @ position to participate in 3deCiSiDO-rn8kiDg p[OC8SS or gain inside iOfO[Dl8tiOn with regard to such activities, may have or obtain RfiDaOCiR| interest in any contract, subcontract or agreement regarding 8C[}BG-8SSiSt9d activity, either for themselves O[ those with whom they have business O[ immediate family ties, during their tenure or and one year thereafter. For purposes of this paragraph, "COv8/gd person" includes any person who iS@n employee, agent, consultant, officer, or elected di[HCtO[ of the Contractor Orthe County. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right tO[Oy8hv-f[ee. non-exclusive and irrevocable license 1O reproduce, publish O[ otherwise use and tO authorize others tO use, the work O[ materials for governmental VIII. ADDITIONAL REQUIREMENTS - POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Contractor certifies, k} the best Of its knowledge and belief, that OOFederal appropriated funds have been paid o[ will he paid, h«O[On behalf Ofthe Contractor, to any person for influencing O[ attempting tD influence 8O officer O[ employee Ofany agency, a member Of Congress, aD officer Or employee Of Congress, O[aDemployee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification Of any Federal contract, grant, loan, Or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, 8 member Uf Congress, 8D officer Or employee Of Congress, Or3Oemployee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. The Contractor shall require that the language Of this certification b8 included in the award documents for all sub-awards 8t 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 8 prerequisite for making or entering into this transaction irnp0S8d by 31 USC 1352. Any person who fails tO file the required certification City ofTukwila Page sofn 2015-2016 Contract 5824592Exh11 shall b8 subject k}3 civil penalty Of not less than $1O.00O and not more than $1O0'000 for each such failure. ViW' ADDITIONAL REQUIREMENTS - EQUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP Disposition of Equipment |f the Contractor ceases k] use equipment purchased iD whole O[iO part with [|[)BG funds for the pU[DOSe described in this Contract, O[if the Contractor wishes tO dispose Ofsuch equipment, the disposition shall he determined under the provisions Of24CFRQ 570.5O2(b)/3)/vi\.if the Contractor iS8 nonprofit corporation and 24CFF{8570.5O2/a\ and 24 CFRGO5.32/8\J the Contractor iSG municipal corporation O[aO agency Of the State Of VV8ShiDgtOO. The CODi[8C1O[ 8g[e8S that it will contact the County for instructions prior to disposing of, surplusing, encumbering or transferring ownership of any equipment purchased in VVh0|8 or in part with federal funds. IX. SUPPLANTING A. Not-for-Profit Corporation |f the Contractor iG8 nonprofit corporation providing public (hUDl8n) services under this Contract with CDBG funds and the Contractor received non-federal funds from King County ("|OC8|fUDdS") D[ any other source to provide the same services @Sthose funded herein during the preceding calendar year, the Contractor must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation |f the Contractor iGR municipal corporation, any federal CDBG Funds made available under this Contract shall not b8 utilized h« the Contractor tO reduce O[ replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REQUIREMENTS A. Drug-Free Workplace Certification The Contractor certifies that it is in compliance with the Drug-Free Workplace Act of 198O(42 US[|7O1) and regulations set forth 8t24§ part 24' subpart F. B. Other Federal Requirements The 8hS0Dce Of mention in this Contract Of any other federal K}qUi[8DlHO1S which nnny to the award and/or expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements r8|81iDg to the expenditure of federal funds, including but not limited to: the Hatch Act /5 U8C Chapter 15\ regarding p0|iiiC@| activities. City ofTukwila Page 7ofn 2015-2016 Contract 58245e2exh11 X|. CONSTITUTIONAL PROHIBITION Funds Not Used for Fl8|igi0UG Purposes In 8CCOud8nc8 with the First /\DleOd08Di of the United States {|OOSLitUtiOn' Article 1' Section 11 Of the Washington State Constitution, and separation Of church and state principles, 8SG general rule, funds received under this Contract may not bB used for religious activities. The following restrictions and limitations apply tOthe use OfCOBGfunds: A. A Contractor may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the assistance funded under this [|OOt[8Ct. If the Contractor conducts [8|igiOUS activities, the activities OlUSt be offered separately, in time and |OCBdiDn, from the 8SSiStaOCO funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this CUDt[8Ct' the COOt[GCtO[ shall not diSChOniDGtg against @ prOgG3OO beneficiary Orprospective p[Og[8Ol beneficiary OO the basis Ofreligion or religious belief. City of Tukwila Page 8ofe 2015-2016 Contract 5e24592Exh11 EXHIBIT III CITY OF TUKWILA TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM (C15342) Contract No.: 5824592 Pro-ject No.: C15342-1125666 King County Project Manager: Randy Po lock Contact Person: Evelyn Boykan Start Date: December 1, 2015 -Agency Telephone: (206) 433-7180 End Date: October 31, 2016 Email: evie.boykan@tukwilawa.gov WORK STATEMENT The City of Tukwila (hereinafter referred to as "the Contractor") agrees to provide funds to repair the existing stock of homes owned by low- to moderate-income households in the South King County communities of Covington, Des Moines, SeaTac, and Tukwila, as described in this Exhibit beginning on December 1, 2015, and completing these services by October 31, 2016. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $130,000 in King County Community Development Block Grant (CDBG) funds. 11. PROGRAM DESCRIPTION The 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. A. Indicators The number of unduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, SeaTac, and Tukwila. 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 2014 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 7 2015-2016 Contract 5824592 - Exh III 43 2015 HUD INCOME GUIDELINES Median Family Income = $89,600 Effective March 6, 2015 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOW-INCOME INCOME INCOME 1 $18,850 $31,400 $46,100 2 $21,550 $35,850 $52,650 3 $24,250 $40,350 $59,250 4 $26,900 $44,800 $65,800 5 $29,100 $48,400 $71,100 6 $32,570 $52,000 $76,350 7 $36,730 $55,600 $81,600 8 $40,890 $59,150 $86,900 City of Tukwila Page 1 of 7 2015-2016 Contract 5824592 - Exh III 43 2. The definition of family shall include all persons living in the same household who are related by birth, marriage Vradoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported On |DtHrn@| Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines tO the Contractor electronically Vr by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents Of Covington, Des Moines, Se8lF8C' and Tukwila. 5. Services shall be provided OO8first come, first served basis with safety and health issues prioritized. 8. Eligible clients must have lived iO their home for at least one year. C. Definitions Disabled person iS3n adult who has severe disabilities based Onthe Bureau of the Census definition. 2. Elderly person iSaD individual who i882 years Orolder. 3. Emergency repair iOdVd8S activities that p[o18Ct. repair or @[neEt the effects of disasters, imminent threats or physical deterioration that pose an iDlOOiOeOt danger to life, health or safety. 4. Routine maintenance includes activities that merely keep 8 structure iOgood operating condition; such activities dOnot add t0 the value Of the structure, appreciably prolong its useful life, nr adapt ittO new uses. 5. Unit nf service ie8 minor home repair, measured byunique job O[ repair hours that is undertaken ina client's home. D. Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low- and moderate-income hO[nenvvD8rS in the Cities of Covington, [}es Moines, 8e@TGc' and Tukwila. Funds eh@U 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 p[8p8redOe5S, replacing broken switches, SOch8tS. light fixtures, repairing heat oOurC8S. repairing gutters and dVvvOSpout8. replacing V[ repairing faucets, toilets, SiDkS' drains, b[OheO or leaky pipes and repairing minor roof leaks. City ofTukwila Page zofr 2015-2016 Contract n8u4un2-ExxIII The Contractor agrees to serve, at minimum, the following unduplicated number of units repaired with funds provided under this Exhibit: 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: Dec 2015 - Mar-May Jun-Aug Sep-Oct Total Feb 2016 2016 2016 2016 2015/ 2016 Minor Home Repair hours in 12 15 14 14 55 households in Tukwila Minor Home Repair hours in 15 15 15 13 58 households in SeaTac Minor Home Repair hours in 12 12 12 12 48 households in Des Moines Minor Home Repair hours in 10 15 15 12 52 households in Covington Cumulative Total for all 17 16 16 15 64 Cities 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: The funds provided under this Exhibit shall be used b] pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign 8Site Specific Environmental Review (ER) Checklist, hnOvvO 85 a Tie[ 3 review, for every individual job. before any work begins. This checklist allows Minor Home Repair (MHF|) staff to proceed with certain types of projects vvithOUL obtaining King County approval first, including projects involving DOaintenaOQe. emergency repairs, grab bars, or in pre-approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists U]the Housing and Community Development (HCD) Environmental Review City cxTukwila Page oofr 2015-2016 Contract 58o45S2-sxxIII Dec 2015 Mar-May Jun-Aug Sep-Oct Total -Feb 2016 2016 2016 2016 2015/2016 Minor Home Repair hours in 12 15 14 14 55 Tukwila Minor Home Repair hours in 15 15 15 13 58 SeaTac Minor Home Repair hours in 12 12 12 12 48 Des Moines Minor Home Repair hours in 10 15 15 12 52 Covington Cumulative Total for all 49 57 56 51 213 Cities The funds provided under this Exhibit shall be used b] pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign 8Site Specific Environmental Review (ER) Checklist, hnOvvO 85 a Tie[ 3 review, for every individual job. before any work begins. This checklist allows Minor Home Repair (MHF|) staff to proceed with certain types of projects vvithOUL obtaining King County approval first, including projects involving DOaintenaOQe. emergency repairs, grab bars, or in pre-approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists U]the Housing and Community Development (HCD) Environmental Review City cxTukwila Page oofr 2015-2016 Contract 58o45S2-sxxIII Specialist quarterly with invoice SUbnObt8i The Contractor shall keep photocopies OOfile. |f the &1HF7 staff checks "nU"tO all questions numbers 1-5OOgSite Specific ER Checklist, then K8HRstaff shall submit information listed on the Site Specific EF< Checklist tO the King County EF{ Specialist, and work Sh8|| not begin UOd| the ER Specialist notifies Contractor staff that an ER for that site (Tier 3) is complete. These reviews ahg|| be submitted along with 8t least one picture of the project houge. d. The K4HR staff shall provide the HC[> ER Specialist information concerning the following [egU|3ƒiUOS for Tier 3 reviews, as determined in the Tier 1, Five-Year Programmatic EfY (published Dec. 2010): Section 108: Historic Preservation and Archaeology; ii . Toxic Ch8DiC@|S; and iii. Flood disaster Protection Act (flood insurance). 4� Lead-Based Paint (LBP) Requirements a. The Contractor shall complete the HC[] Supplementary Lead Based Paint Checklist for all repairs OO houses built prior tO1978 and submit copies to HCO Project Manager with Quarterly Billing |OVDiDe Package as outlined in Section III.B. of this Exhibit. b. The Contractor shall procure a neutral third party lead based paint certified contractor hired specifically tO assess LBPthreshold determinations (with the exception Of those re-occurring activities that have been pre-determined to not disturb p@int\. The sub-contractor(s) shall not complete the LBP work OD homes they have assessed and shall refer his/her determinations back b}the Contractor to coordinate all LBP housing repairs and clearance through King County HCD Staff. The Contractor shall monitor job completion and LBPclearance of housing units per Housing Repair LBP standards as set forth in the Minor Home Repair Program Lead Based Paint Requirements and |f8 project nep8irare8iSOve[d8DliniOluS8Odh8sChi|dneOVOde[the age of six residing in the hVUSe' and is Over $5,000 in repair value, the project shall be referred to King County Housing Repair Program by MHR Staff for assessment and completion. In these instances, if the City makes the referral and desires to continue funding the repair as 8 Argnt, it will be responsible for all additional costs associated with addressing the repairs and the LBP. The Housing Repair Program will bill the MHR Program for the project in an amount adequate to cover all costs associated with the repair and LBP activity. If the MHR Pr0Q[8rD runs out of funds City ofTukwila Page 4c«7 2015-2016 Contract o824seo'ExxIII available for grant transfer referrals, the referrals will be assessed for the traditional non-amortizing loan program through the COOSOrtiUnl'S Housing Repair PR]g[aOo' if desired by the c|i8OL through normal channels Of intake, and general HRPprocess. The estimated HC[} cost 8S9OC@ted with LBP review, testing, determination and clearance has been determined tObeOoless than $500 to cover associated travel and HRP staff time, but will be itemized per project, Multiple tests might be necessary to complete clearance Of@project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead-Based Paint Poisoning P[eV8OtiOO in Certain Residential Structures aU24 Code of Federal Regulations /CFR\ Part 35. Such records shall include, for each housing unit assisted under this i Records evidencing that the housing repair was exempt pursuant tV 24CFR Part 35.115;O[ ii Records evidencing that the scope Of the housing repair work did not exceed the derOiOiOlUg criteria @t24CFF| Part 35.135O(d) and that the Contractor provided the required pamphlet b} the occupants of the housing unit pursuant tO24CFR Part 35.S1O(b); or iii. Records evidencing that the housing repair work was completed iO accordance with the procedures specified in24{|FR Part 35' Subpart J including provision Of required notices, and performance of evaluation and clearances. 5. Subcontracted Services 8. |O addition hJ the requirements Of Section XV|.Of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts tO provide services (hereinafter "Implementing Agenoy") and shall incorporate into such subcontracts the provisions in Section ||.D.. PnJgngnn ReqUireDlentS, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices Uf the Implementing Agency Or for costs paid by the Contractor for goods, materials or services already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include a copy Of the Implementing Agency's invoice with its invoice submitted t0 the County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with Office of Management and Budget 2 Code Of Federal Regulations /CFR\23O (formerly OMB Circular A-122) Or 2 CFR 225 (formerly OMB Circular A-87), as C. The Contractor shall monitor all subcontracted services OD8regular basis to assure contract compliance. Results of monitoring efforts shall City ofTukwila Page oof7 2o15-zo1s Contract sa24oSu Exhm be summarized iO written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 8. Copyright If this Contract results in any copyrightable material, King County reserves the right to rOya|tV-free. DDOeXC|USiVe and irrevocable license to reproduce, publish or otherwise use and tOauthorize others tO use, the work for governmental purposes. Public |OforD8LiOO All marketing Dl3t8ha|s. OevVG releases and other public OodC8S related to projects funded under this Agreement shall include information identifying the source 0f funds asthe King County Community Development Block Grant Program. U|- COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount Of reimbursement pursuant tO this Exhibit shall not exceed $130,000. C[}B(SFunds King County CDBG Funds -South Sub-Region $130,000 B-15-LIC-53-0001 Total CDBG Funds: $130,000 2. Line Item Budget Environmental Review and Lead Based Paint Reviews (KC Cost Set-Aside) $ 4,000 Capital Outlay (Construction Contracts) $124,000 Personnel (provide detail below) and Project Management $ 2,000 Sub-Total (Less ER Cost) $126,000 Total CDBG Funds: $130,000 3. Personnel Detail Personnel Detail Position FTE CDBG Funds Permit Specialist / Business License 40 $2,000 B. 2UUiDg Invoice Package The Contractor shall submit Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section |V.. REPORTING REQUIREMENTS, nf this Exhibit iD3 format approved bythe County. All required reports shall accompany the invoice statement iO order tD receive payment. City ofTukwila Page sofr 2015-2016 Contract 58z4os2'exhIll 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed byaO authorized representative of the Contractor and shall be accompanied by copies 0f supporting documents. 3. The Billing |OVniC8 P8okoo8 is due within 20 VVOd<inQ days after the end of each quarter. 4. The final 2015 voucher shall be submitted no later than November 15, 2016. C. Method ofPayment The County shall reimburse the Contractor oD8 quarterly basis for actual expenditures in accordance with the Line Item Budget in Section III.A. 2. Payment tO the Contractor may be withheld for any quarter iD which the Contractor has not submitted the reports specified in Section |V.. F<EP(}F<T|NG QE{}U|FlEW1ENTG' of this Exhibit, or in which said reports are incomplete. 3. The Contractor shall advise the County quarterly Vf any changes inrevenues from sources other than the County that are used tn provide the services funded under this Exhibit. The Contractor agrees to re-negotiate performance requirements if the County determines that such changes are substantial. [V. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in afDrD8t and to an address provided by the County. A. The Contractor shall submit a completed Environmental Review Form to the King County Environmental Review Specialist quarterly, and place a photocopy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice a completed Project Activity Report Fo[r0' in a fVDD5k provided by the County. Each Project Activity Report shall include a narrative with @n explanation if actual services are less than 9O percent Ofthe cumulative DliDinnVnn service requirements as Stated in Section ||. D.1. of this Exhibit. C. The Contractor shall use the following methods to measure the indicator specified in Section II.D.1. of this Exhibit: Number of units completed. D. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. City ofTukwila Page 7of7 2015-2016 Contract 5024592 exom 50 City Council Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes Jonuory25, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Rachel Bianchi, Jack Pace, Tracy Gallaway, Laurel Humphrey CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA There was consensus to consider the 2016 Legislative Agenda as the first item of business. A. Resolution: Adopting the 2016 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2016 Washington State Legislative Session. The draft agenda includes items in the categories of Transportation & Infrastructure, Shared Revenue, Revenue Reform, Public Records, Human Services Funding, and Education. The Committee supported the inclusion of education - related priorities that would provide support to local school districts in their efforts. Councilmember Hougardy distributed copies of the South County Area Transportation Board (SCATBd) legislative priorities, and the committee agreed that these had compatibility with the City's proposed priorities. UNANIMOUS APPROVAL. FORWARD TO JANUARY 25, 2016 COMMITTEE OF THE WHOLE. B. Contract: Community Development Block Grant (CDBG) Funds for 2015 -2016 Minor Home Repair Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $130,000 in CDBG funds for the 2015 -2016 Minor Home Repair Program. This program is administered by the Office of Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. In 2015, 20 households in Tukwila were served with 93 hours of housing repair. The Committee requested written responses to the following questions: 1. How are funds allocated among the cities? Is there a formula? 2. Does the allocation include compensation for Tukwila's administration of the program? 3. Has the late invoicing /reimbursement always gone smoothly? 4. Is there data to show how many requests are turned down? 51 Community Affairs and Parks Committee Minutes ............................................................... ............................... January 25, 2016 5. What is the average turn - around time for project completion? 6. Does the table of HUD income guidelines (page 21) include or exclude tax exempt sources of income? 7. Does Human Services have discretionary ability to prioritize need? 8. Based upon previous years, what is the estimated need in Tukwila (dollar amount and number of applications)? Chair Quinn also requested a program overview by Human Services Staff at a future Committee meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA WITH RESPONSES TO COMMITTEE QUESTIONS. III. MISCELLANEOUS Teens Staff provided an update on an effort to send students from Teens for Tukwila to the NLC Congressional City Conference this March. Councilmembers Duffie, Seal, and Quinn attended a Teens for Tukwila meeting to promote the opportunity, which resulted in a strong level of interest from the members. Should every member of the group be able to attend, the rough cost estimate is $13,350 includingchaperones. Several potential funding sources have been identified including the Council travel budget, contributions from the Mayor, a World Vision grant, and others. Committee members discussed the proposal and were supportive of the opportunity and of contributing Council travel dollars. Chair Quinn will address this at the Committee of the Whole to learn if there is consensus from the entire Council to continue moving forward. The Committee agreed that this should be treated as a pilot program that will be evaluated before there is commitment to repeating in the future. Work Plan Staff distributed copies of a preliminary work plan for the Committee. This item will be added for discussion at a future meeting. The Community Affairs and Parks Committee Meeting adjourned at 6:13 p.m. Next meeting: Monday, February 8, 2016 �� Committee Chair Approval Minutes by LH 52