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HomeMy WebLinkAboutCOW 2012-01-09 Item 4A - Interlocal Agreement - Joint Minor Home Repair ProgramCOUNCIL AGENDA SYNOPSIS Lntials IT'E'M NO. Meeth�z Date Prepared by Mayor's review Council review 01/09/12 EB �.,,.ovC— 01/17/12 EB 4.A. ITEM INFORMATION CAS NUM131;IZ: STAFF SPONSOR: EVIE BOYKAN IORIG1N,11,AGI� ;NDADA'rI,: 01/09/12 AGF.ND,\ ITF ,i Trr1.1? Interlocal Agreement for Joint Minor Home Repair program ®Discussion ®Motiota Resolution Ordinance .BidAavard Puhlic.Hearing Other llJg Dale 01/09/12 ALtg Date 01/17/12 Illtg Date Mtg Date P2tg Date A�tg Date Mtg Date SPONSOR Council Mayor HR DCD .Finance E] Fire IT P &R Police Ply' SPONSOR'S The addition of the City of Pacific and the new budget necessitate bringing the Interlocal SU'.\4N4,1RY agreement to the Council for approval. The Minor Home Repair program, administered by the Tukwila Human Services Manager, will include Tukwila, SeaTac, Des Moines, Covington and Pacific. The expected budget is $125,000 for the contract between Tukwila and King County. RI 11 /i;]) lil COQ\' Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 12/12/11 COMMITTEE CFIAIR: SEAL RECOMMENDATIONS: SPONs0)R /Ai)M1N. Human Services Division of the Mayor's Office Co n N41'1'1'1�a; Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXI'I�:NDITURI? RI(QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 $125,000 Fund Source: HUD COMMUNITY DEVELOPMENT BLOCK GRANT Connnents: 100% of budget is reimbursable under the CDBG award MTG. DATE I RECORD OF COUNCIL ACTION 01/09/12 01/17/12 MTG. DATE I ATTACHMENTS 01/09/12 I Information Memorandum dated 12/12/11 Proposed Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 12/12/11 1 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks FROM: Evie Boykan, Human Services Manager DATE: December 12, 2011 SUBJECT: Interlocal agreement for joint Minor Home Repair program ISSUE The addition of the City of Pacific and the new budget necessitate bringing the interlocal agreement to the Council for approval. BACKGROUND The City of Tukwila, under the administration of the Human Services Office, has served as fiscal agent for this collaborative program since 2005. The success of the program has drawn attention from surrounding cities. Participating cities include Tukwila, SeaTac, Des Moines, Covington, and for 2012 Pacific. Each city manages their own program with oversite coming from the Tukwila Human Services Office. DISCUSSION The program will continue as it has in the past with cities managing the program, reimbursing their contractors, and billing the City of Tukwila for reimbursement. On a quarterly basis King County Housing and Community Development is billed for the total of dollars spent. In 2010, 78 households were served throughout the four cities. Twenty three of these households were from Tukwila with 154 hours of repair service. For 2011 over 16 households in Tukwila were assisted. The changes include references to Exhibit A and B, the addition of Pacific, and the budget. RECOMMENDATION The Council is being asked to consider this item at the January 9, 2012 Committee of the Whole meeting and subsequent January 17, 2012 Regular Meeting. ATTACHMENTS Proposed interlocal agreement 3 rd INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC 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 the City of Pacific "Pacific and the City of Tukwila "Tukwila hereinafter referred to as "City" or "Cities," to provide for planning, funding, and implementation of a minor home repair program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities have the authority to engage in cooperative efforts that will result in more efficient use of government resources; NOW, THEREFORE, and in consideration of the terms, conditions, and performances made herein, it is agreed as follows: 1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement between the Cities to consolidate the funding process and implementation of a minor home repair program. This Interlocal will increase the efficiency of administering the program while decreasing administrative costs. 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, Pacific, and SeaTac. 2) Maintain required documentation and prepare required reports for King County consistent with the County's requirements regarding the use of Community Development Block Grant funds. 3) Maintain accounts and records that properly reflect transactions related to this Interlocal. 4) Responsible for reimbursing participating cities and submitting required paperwork to King County. Interlocal Agreement for Minor Home Repair Page 1 of 15 9 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, Pacific, 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. 2) Review and pay invoices for any services performed in SeaTac pursuant to this Interlocal. 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. Covin2ton's Duties 1) Responsible for the implementation of the minor home repair program within Covington in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Covington pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. E. Pacific's Duties 1) Responsible for the implementation of the minor home repair program within Pacific in accordance with terms specified in the Block Grant contract between Tukwila and King County. Interlocal Agreement for Minor Home Repair 6 Page 2 of 15 2) Review and pay invoices for any services performed in Pacific pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. F. Cities' Joint Duties 1) Subcontract with an agency /contractors that will perform qualified home repairs in Tukwila, SeaTac, Covington, Pacific 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 as referenced in Exhibit A. However, if a City is unable to spend its portion of the funds by the 3rd quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. 3) Abide by additional requirements outlined in Exhibit B, attached hereto and incorporated herein by this reference. 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. 7) Notices. Notices to the Cities shall be sent to the following persons: Interlocal Agreement for Minor Home Repair Page 3 of 15 7 City Contact SeaTac Human Services Manager, currently Colleen Brandt Schluter 4800S. 188 Street, SeaTac, WA 98188 206.973.4815; cbschluter @ci.seatac.wa.us Des Moines Code Enforcement Officer, currently Nancy Uhrich 21630 1 lth Ave S, Suite D Des Moines, WA 98198 -6398 206- 870 -6558; nuhrich(a desmoineswa.gov Covington Personnel Division/Human Services, currently Victoria Throm 16720 SE 271 Street, Ste. 100 Covington, WA 98042 253- 638 -1110 Ext. 2237; Vthrom @ci.covington.wa.us Pacific Community Services Director, currently Linda Morris 1003 rd Ave SE Pacific, WA 98047 253- 929 -1150; lmorrisgci.pacific.wa.us Tukwila Human Services Manager, currently Evelyn Boykan 6200 Southcenter Blvd, Tukwila, WA 98188 206.433.7180; eboykan@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: Attornev'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 1.5 11) Countemarts. 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. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this day of 2012. CITY OF SEATAC By: Todd Cutts, City Manager Date: Attest: [Printed Namej Title: Approved As To Form: Mark S. Johnsen, Sr. Assistant City Attorney CITY OF DES MOINES By: Anthony A. Piasecki, City Manager Date: Attest: f Printed Namel Title: Approved As To Form: Susan Mahoney, Assistant City Attorney CITY OF COVINGTON CITY OF TUKWILA By: Jim Haggerton, Mayor Date: Attest: Christy O'Flaherty, CMC Title: Citv Clerk Approved As To Form: Shelley M. Kerslake, City Attorney By: Derek Matheson, City Manager Date: Attest: (Printed Name] Title: Approved As To Form: Sara Springer, City Attorney CITY OF PACIFIC By: Interlocal Agreement for Minor Home Repair Page 5 of 15 9 Richard Hildreth, Mayor Date: Attest: [Printed Name] Title: Approved As To Form: Albert Albuan, City Attorney Interlocal Agreement for Minor Home Repair 10 Page 6 of 15 EXHIBIT A Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program CALENDAR YEAR 2012 Name of Agencies Participating Cities Tentative Funding Qualified contractors Tukwila Lead City $25,000' Des Moines $24,000 SeaTac $26,000' Covington $25,000 Pacific $1 5,000'' Administrative $10,000 TOTAL $125,000 EXHIBIT B Interlocal Agreement for Minor Home Repair Pate 7 of 15 11 12 CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC AND THE CITY OF TUKWILA GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. ADDITIONAL REOUIREMENTS— COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations If the Agency is a municipal corporation, costs for which the Agency requests reimbursement shall comply with the policies, guidelines and requirements of the United States Office of Management and Budget (OMB) Circular No. A -87, "Cost Principles For State, Local and Indian Tribal Governments" and those sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at 24 CFR 570.502(a) Applicability of Uniform Administrative Requirements. B. Not for profit Corporations If the Agency is a nonprofit corporation, costs for which the Agency requests reimbursement shall comply with the policies, guidelines and requirements of OMB Circular No. A -122, "Cost Principles for Non Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations, identified at 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. This subsection shall not apply to an agency that is identified in this Contract as a Community Based Development Organization under 24 CFR §570.204(c) (1). C. Excess Federal Funds CDBG funds on hand shall not exceed $5,000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. D. Program Income The Agency shall report the receipt and expenditure of all CDBG Program Income, as defined in 24 CFR 570.500(a), that is generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. All Program Income is to be returned to the County unless the County specifies that it may be retained by the Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a project or projects, the Agency shall comply with all provisions of the Contract in Interlocal Agreement for Minor Home Repair Page 8 of 15 13 expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section XI, Termination of the Agency Services and Public Entity Services Contracts, or Section IX, Termination of the Special Projects Contract. II. ADDITIONAL REOUIREMENTS— MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions to the six year retention period specified in Section VI, Maintenance of Records of the Agency Services and Public Entity Services Contracts or Section V Evaluations, Records and Inspections of the Special Projects Contract are as follows: Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR 85.20 and the OMB Circular A -87 for governmental agencies, 24 CFR 84.21 and OMB Circular A -122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. C. Employment Records If the Agency is a municipal corporation, it agrees to maintain the following data for each of the Agency's operating units funded in whole or in part with CDBG funds provided under this Contract. 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO -4 form. 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Agency shall maintain documentation of the affirmative action measures the Agency has taken to overcome prior discrimination if a court or Housing and Urban Development (HUD) has found that the Agency has previously discriminated against persons on the grounds of race, color, national origin or sex Interlocal Agreement for Minor Home Repair 14 Page 9 of 15 in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E. Additional Records The Agency shall maintain separate files for each program exhibit including: Notice of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; 3. Correspondence regarding budget revision requests; 4. Copies of all invoices and reports submitted to the County; 5. Bills for payment; 6. Copies of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with the applicable OMB Circular. Such records include, but are not limited to the following. a. Personnel costs payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed by a supervisor and, if less than full time, annotated to document percent of time charged against this Exhibit. b. Staff travel documentation of mileage charges for private auto. C. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 8. Documentation of the solicitation process used to select vendors and subcontractors along with original purchase orders and subcontracts. III. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements The Agency shall comply with all applicable federal laws prohibiting discrimination, including the following: Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107; and Interlocal Agreement for Minor Home Repair Page 10 of 15 15 2. Section 109 of the Housing and Community Development Act of 1974, as amended 42 United States Code (USC) 5301. B. Prohibited Discriminatory Actions The Agency may not, under any program or activity to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include, but are not limited to, the following: 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 person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; 5. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and 7. Denying any person any opportunity to participate in a program or activity as an employee. C. Employment Projections In all solicitations under this Contract, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this Section. IV. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Agency shall comply with 24 CFR 85.36(e) as amended if the Agency is a Interlocal Agreement for Minor Home Repair 16 Page I I of 15 municipal corporation, and 24 CFR 84.44(b) (1) -(5) if the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in XV E, Small Business and Women Business Enterprise Opportunities of the Agency Services Contract, or XV D, Small Business and Women Business Enterprise Opportunities of the Public Entity Services Contract. V. ADDITIONAL REOUIREMENTS— SUBCONTRACTS AND PURCHASES A. Debarred Contractors The Agency shall not make any award at any time to any contractor, which is debarred, suspended, or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension B. Federal Procurement Requirements If the Agency is a municipal corporation, it agrees to comply with procurement requirements specified in 24 CFR 85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR 84.40 through .48. The regulations at 24 CFR 85.36 (b) through (g) and 24 CFR 84.40 through .84.48, require that all goods and services, irrespective of cost, be procured using a competitive process. C. Failure to Comply is Default Failure by the Agency to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VI. ADDITIONAL REOUIREMENTS— CONFLICT OF INTEREST A. No Conflict of Interest The Agency agrees to abide by the provision of 24CFR 84.42 and 570.611, which include (but are not limited to) the following. The Agency shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by federal funds. 2. No employee, officer or agent of the Agency shall participate in the selection or in the award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest Interlocal Agreement for Minor Home Repair Page 12 of 15 17 in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County, the Agency or any designated public agency. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right to royalty -free, non exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. VII. ADDITIONAL REOUIREMENTS— POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Agency certifies, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Agency shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Interlocal Agreement for Minor Home Repair 18 Page 13 of 15 VIII. ADDITIONAL REOUIREMENTS— EOUIPMENT PURCHASE. MAINTENANCE AND OWNERSHIP Disposition of Equipment If the Agency ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR 570.502(b) (3) (vi), if the Agency is a nonprofit corporation and 24 CFR 570.502(a) and 24 CFR 85.32(e) if the Agency is a municipal corporation. The Agency agrees that it will contact the County for instructions prior to disposing, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. IX. SUPPLANTING A. Not for -Profit Corporation If the Agency is a nonprofit corporation providing public (human) services under this Contract with CDBG funds and the Agency received non federal funds from King County "local funds or any other source to provide the same services as those funded herein during the preceding calendar year, the Agency must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation If the Agency is a municipal corporation, any federal CDBG Funds made available under this Contract shall not be utilized by the Agency to reduce or replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REOUIREMENTS A. Drug -Free Workplace Certification The Agency certifies that it is in compliance with the Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract of any other federal requirements which apply to the award, and expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Agency activities. The Agency shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5 USC Chapter 15) regarding political activities. Interlocal Agreement for Minor Home Repair Page 14 of 15 19 XI. CONSTITUTIONAL PROHIBITION Funds Not Used for Religious Purposes In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. The following restrictions and limitations apply to the use of CDBG funds: A. An Agency may not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the assistance funded under this Contract. If the Agency conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this Contract, the Agency shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Interlocal Agreement for Minor Home Repair 20 Page 15 of 15 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes December 12, 2011 5: 00 p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Staff: Evie Boykan, Bob Giberson, Ryan Larson, Jack Pace, David Cline and Kimberly Matej CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Joint Minor Home Repair Program Grant monies are pending appropriation for the 2012 Minor Home Repair Program through the Community Development Block Grant, and staff is seeking approval to enter into an Interlocal Agreement between the Cities of SeaTac, Des Moines, Covington, Pacific and Tukwila for the planning, funding and implementation of a joint minor home repair program in 2012. Last year this interlocal agreement was between the cities of Seatac, Des Moines, Covington and Tukwila and was going to be self- renewing; however, the City of Pacific has now been added to the program, and a new �kl interlocal agreement is necessary. Tukwila continues to serve as the fiscal agent of the Minor Home Repair Program for the above mentioned cities. Targeting low and moderate income homeowners, Minor Home Repair program repairs include electrical, plumbing, carpentry, roofing and painting (lead removal). Terms of the interlocal agreement are almost identical to last year, with the exception that the City of Pacific has been added as a participant. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW. B. Duwamish Gardens: Grant Funds and Consultant Agreement Staff is seeking Council approval of the following items regarding Duwamish Gardens: Acceptance of Grant Funds In late 2010, grant monies were accepted from the Washington State Recreation and Conservation Office (RCO) and the King Conservation District for design on Duwamish Gardens. Staff identified the need for additional design phase funding and contacted RCO to inquiry about the availability of additional grant monies. The RCO awarded the City another $50,045 for the project, and staff is now requesting an amendment to the current grant agreement in order to accept this new grant funding. The required matching funds were previously budgeted during the original grant acceptance. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW FOR DISCUSSION. Consultant Selection and Agreement Staff is seeking approval to enter into a consultant agreement with JA Brennan Associates in the amount of $316,066 for design of the Duwamish Gardens Project. JA Brennan was chosen after a competitive process from nine original RFP submissions. The consultant agreement calls for 100% design of the project including plans, specifications and a detailed ecological recovery plan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW FOR DISCUSSION. 21