HomeMy WebLinkAboutCSS 2021-02-01 Item 1A - Contract - 2020 Minor Home Repair Program Funding with King County
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety
FROM: Stacy Hansen, Human Services Program Coordinator
CC: Mayor Ekberg
David Cline, City Administrator
DATE: January 14, 2021
SUBJECT: 2020 King County Minor Home Repair Contract
ISSUE
Council’s authorization is necessary for the City to enter into a contract with King County to
utilize Community Development Block Grant (CDBG) funds for the Minor Home Repair
Program. This contract for $100,000 will be dispersed between Tukwila (lead contract
administrator), Covington, Des Moines and SeaTac. Each City will receive $25,000 to provide
health and safety repairs in low- to moderate-income, owner-occupied homes.
BACKGROUND
Since 2005, Tukwila has been the lead administrator for the Minor Home Repair Program. The
attached contract represents 2020 awarded funds in the amount of $100,000 (CDBG funds lag
one year). The contract will begin mid-February and will conclude mid-November of 2021.
In 2020 (with 2019 funds), the total program served 49 unduplicated residents and provided 446
hours of repairs in all four partner cities. 15 unduplicated Tukwila households were served in
2020 representing 135 hours of repairs for a total of 26 individual repairs.
DISCUSSION
This contract award is the result of an extensive application process that competes with other
applicants (cities, non-profits) for funds dedicated to the south sub-region. The Tukwila Human
Services Program Coordinator applies for and administers the Minor Home Repair Program and
provides on-going technical assistance to the partner cities to ensure contract compliance.
RECOMMENDATION
Staff is asking Council to forward this item to the February 8, 2021 Special Meeting consent
agenda.
ATTACHMENTS
2020 Contract with King County for Community Development Block Grant funds to administer
the Minor Home Repair Program.
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Department of Community and Human Services
Community Services Division
Housing and Community Development Section
(206) 263-9105 TTY Relay: 711
Contractor City of Tukwila
Project Title Tukwila Minor Home Repair Program
Contract Amount $ 104,000
Contract Start Date: 01/01/2021 Contract End Date 12/31/2021
Termination Date (where applicable): 12/31/2021
DUNS No. (if applicable) 010207504 SAM No. (if applicable) 47Z60
Federal Taxpayer ID No. 916001519
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2021/22
THIS CONTRACT No. 6202035 is entered into by KING COUNTY, a political subdivision of the State
of Washington (the "County"), and City of Tukwila, (the “Contractor”), whose address is 6200
Southcenter Blvd, Tukwila, WA 98188. This Contractor is a Public Housing Authority. Use of the term
"Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a
"Contractor" as described in 24 CFR §92.504(c)(4).
WHEREAS, the County is an Urban County recipient of Community Development Block Grant
Program (CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-
383 as amended (HCD Act); HOME Investment Partnerships Program (HOME) funds under the
National Affordable Housing Act of 1990 Public Law 101-625 as amended (the “NAHA”). The County
allocates Regional Affordable Housing Program (RAHP) funds, Homeless Housing and Services
Funds (HHSF), , Veterans, Seniors and Human Service Levy (VSHSL) funds and Mental Illness and
Drug Dependency (MIDD) funds to low-income housing development capital, infrastructure
investment, energy efficiency and science, assistance to the unemployed and/or service projects and
Current Expense (CX) funds to housing and community development projects in accordance with
adopted County ordinances. The County uses CDBG, HOME, HHSF, RAHP, VSHSL funds and/or CX
funds for the purpose of carrying out eligible community development and housing activities under the
HCD Act, the NAHA, regulations promulgated by the U.S. Department of Housing and Urban
Development (HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR Part 92, 24 CFR
Part 576, and adopted County Ordinances. (All 24 CFR references can be found at
https://www.archives.gov/federal-register/cfr/subject-title-24.html. All King County code references can
be found at http://www.kingcounty.gov/council/legislation/kc_code.aspx);
WHEREAS, an Urban County CDBG Consortium has been established by CDBG Interlocal
Cooperation Agreements (CDBG ICAs) or joint agreements between the County and certain municipal
corporations (Consortium Cities) within the County covering program years 2017-2019. The CDBG
ICAs specify allocation of CDBG funds by the County to those participating jurisdictions for use in
accordance with the County Consolidated Housing and Community Development Plan (HCD Plan).
The HCD Plan has been adopted by the King County Council, accepted by participating jurisdictions
and approved by HUD;
WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and
certain HOME Consortium Cities covering 2017-2019, the terms of which specify allocation of HOME
funds by the County for use in accordance with the HCD Plan which has been adopted by the King
County Council, accepted by participating jurisdictions, and approved by HUD;
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WHEREAS, the County desires to award certain funds to the Contractor for use as described in this
Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, NAHA, HUD regulations, State laws, and/or adopted County
ordinances;
WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County
to undertake such eligible activities, so long as the requirements of the HCD Act, NAHA, HUD
Regulations, State law, and County ordinances are adhered to as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the
Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and
regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of
the following: County ordinance, HCD Act, NAHA, Revised Code of Washington (RCW) Chapter
39.34, RCW Chapter 35.21.730 et seq., the Constitution and the enabling laws of the State of
Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree
to abide by the provisions of this Contract.
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INDEX TO CONTRACT
1. SCOPE OF CONTRACT AND
INCORPORATION OF EXHIBITS .......... 4
2. DURATION OF CONTRACT .................. 6
3. TERM OF COMPLIANCE - for capital
projects .................................................. 6
4. FUTURE SUPPORT .............................. 6
5. COMPENSATION AND METHOD OF
PAYMENT ............................................. 6
6. BUDGET ................................................ 8
7. EQUIPMENT PURCHASE,
MAINTENANCE, AND OWNERSHIP ..... 8
8. CONTRACT AMENDMENTS ................. 9
9. INTERNAL CONTROL, ACCOUNTING
SYSTEM AND FINANCIAL REPORT
SUBMISSION ........................................ 9
10. MAINTENANCE OF RECORDS .......... 11
11. EVALUATIONS AND INSPECTIONS .. 13
12. PROPRIETARY RIGHTS ..................... 14
13. CORRECTIVE ACTION ....................... 14
14. ASSIGNMENT ..................................... 15
15. TERMINATION .................................... 16
16. ENTIRE CONTRACT/WAIVER OF
DEFAULT ............................................ 17
17. HOLD HARMLESS AND
INDEMNIFICATION ............................. 17
18. INSURANCE REQUIREMENTS—
GENERAL ............................................ 18
19. NONDISCRIMINATION AND EQUAL
EMPLOYMENT OPPORTUNITY ......... 23
20. SUBCONTRACTS AND PURCHASES 28
21. NONDISCRIMINATION IN
SUBCONTRACTING PRACTICES ...... 30
22. CONFLICT OF INTEREST .................. 31
23. BOARD OF DIRECTORS .................... 32
24. CONFIDENTIALITY ............................. 32
25. PERSONAL INFORMATION – NOTICE
OF SECURITY BREACH ..................... 32
26. COMPLIANCE WITH THE HEALTH
INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996
(HIPAA) ............................................... 34
27. NOTICES ............................................. 36
28. KING COUNTY RECYCLED PRODUCT
PROCUREMENT POLICY ................... 36
29. SERVICES PROVIDED IN
ACCORDANCE WITH LAW AND RULE
AND REGULATION ............................. 36
30. POLITICAL ACTIVITY PROHIBITED ... 36
31. FORCE MAJEURE .............................. 37
32. MISCELLANEOUS PROVISIONS ....... 38
33. AFFIRMATIVE MARKETING ............... 39
34. ACCESSIBILITY FOR CAPITAL
PROJECTS ......................................... 39
35. LABOR STANDARDS ......................... 40
36. EMPLOYMENT OPPORTUNITIES ON
ASSISTED CONSTRUCTION
PROJECTS ......................................... 40
37. NO BENEFIT TO OWNERS AND
DEVELOPERS OF ASSISTED
HOUSING ............................................ 41
38. SUPPLANTING ................................... 41
39. DRUG FREE WORKPLACE
CERTIFICATION AND OTHER
FEDERAL REQUIREMENTS .............. 41
40. CONSTITUTIONAL PROHIBITION ..... 42
41. PROMISSORY NOTE, DEED OF TRUST
AND COVENANT ................................ 42
42. ANTI-DISPLACEMENT AND
RELOCATION ASSISTANCE FOR
CAPITAL PROJECTS.......................... 42
43. PROPERTY MANAGEMENT FOR
CAPITAL PROJECTS.......................... 43
44. TAXES AND LICENSES ...................... 44
45. PROCEDURE IN THE EVENT OF
CASUALTY/CONDEMNATION FOR
CAPITAL PROJECTS.......................... 44
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EXHIBITS ATTACHED HERETO
Exhibit Name Amount Fund Source
I. Tukwila Minor Home Repair Program $104,000 CDBG
SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS
Scope
The Contract between the parties shall consist of the signature page, each
Program/Project Exhibit incorporated into the Contract, all matters and laws incorporated
by reference herein, and any written amendments made in accordance with the
provisions contained herein. The exhibits attached to this Contract are hereby
incorporated by this reference. This Contract supersedes any and all former agreements
regarding projects described in the attached Project/Program Exhibit(s). If there is a
conflict between any of the language contained in this Contract and any of the language
contained in any Project/Program Exhibit in this Contract, the language in this Contract
shall control, unless the parties affirmatively agree to the contrary in a writing that has
been reviewed and approved by the King County Prosecuting Attorney's Office. This
Contract shall govern both:
Service Projects (human service, planning, program administration and micro-
enterprise or supportive services for the homeless); and
Capital Projects (acquisition, improvement, and rehabilitation of real property and
construction or reconstruction of public infrastructure).
The two types of activities may be included in one Contract as separate Project/Program
Exhibit(s) of Services.
Mandatory Certifications
The Contractor certifies that it shall comply with the provisions of Sections 19.
Nondiscrimination and Equal Employment Opportunity, 22. Conflict of Interest and 30.
Political Activity Prohibited of this Contract. If the Contractor is a municipal corporation
(other than King County), or Contractor of the state of Washington, King County Code
(KCC) chapters 12.16, 12.17 and 12.18 do not apply to the Contractor, but may apply to
any subcontractor of the Contractor.
Contact Person
King County and the Contractor shall each designate a contact person for each
Project/Program Exhibit incorporated in this Contract. All correspondence, reports and
invoices shall be directed to the designated contact person. This provision does not,
however, supplant or override Section 27. Notices.
Federal Funds
The term “federal funds” as used herein means CDBG funds and/or HOME funds. The
specific types of funds provided under this Contract are specified in the attached
Project/Program Exhibit(s).
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Environmental Review
This section applies to all projects using federal funds that are not exempt under 24 CFR
Part 58. Notwithstanding any provision of this contract, the parties hereto agree and
acknowledge that this contract does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt of a release of funds from
HUD under 24 CFR Part 58. The parties further agree that the provision of any funds to
the project is conditioned upon King County’s determination to proceed with, modify or
cancel the project based on the results of a subsequent environmental review. The
Contractor shall not spend any funds on physical or choice-limiting actions, including
property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance. Violation of this provision shall result in
the denial of any funds under this Contract.
Capital Projects using federal funds shall also comply with subsections F, G, H and I.
Environmental Policy Act
The County retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58) and the Federal laws and
authorities identified therein. The Contractor shall be solely responsible for the cost of
compliance with all such Federal laws and authorities including the cost of preparing
plans, studies, reports and the publication of notices that may be required. The
Contractor and its subcontractors shall not take any actions inconsistent with 24 CFR
Part 58.
National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in identified
special flood hazard areas shall be subject to Contractor mandatory purchase of flood
insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973
(Pub L. 93-237).
Lead Based Paint
The Contractor shall comply with the Lead-Based Paint Poisoning Prevention Act (42
United States Code (USC) 4821-4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 USC 4851-4856), and implementing regulations at 24 CFR
Part 35, subparts A, B, J, K, and R. Generally, these laws prohibit the use of lead-based
paint (whenever funds under this Contract are used directly or indirectly for construction,
rehabilitation or modernization of residential structures); require elimination of immediate
lead-based paint hazards in residential structures; and require notification of the hazards
of lead-based paint poisoning to purchasers and tenants of residential structures
constructed prior to 1978.
Environmental Justice
The Contractor shall comply with Presidential Executive Order 12898 requiring
identification and mitigation, as appropriate, of disproportionately high and adverse
human health or environmental impacts of programs, policies and activities on minority
and/or low-income populations.
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Subrecipient Monitoring
First-tier subrecipients shall register in the Central Contractor Registration (CCR),
including obtaining a Dun and Bradstreet Data Universal Numbering System
(DUNS) number and maintain the currency of that information. A pass-through
entity shall be responsible for determining that subrecipients have current CCR
registrations prior to making subawards and performing periodic checks to ensure
that the subrecipients are updating information as necessary.
Recipients shall require each subrecipient to;
Document at the time of the subaward and disbursement of funds, the Federal
award number, Catalog of Federal Domestic Assistance (CFDA) number; and
Provide similar identification in their Schedule of Expenditures of Federal
Awards (SEFA) and Form SF-SAC. Additional information, including
presentation requirements for the SEFA and SF-SAC, is provided in Appendix
VII of the 2009 Supplement (2 CFR Section 176.210).
DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in the
Project/Program Exhibit(s)) or the date of execution of this Contract, whichever is earlier, and
shall terminate on the Termination Date specified in each Project/Program Exhibit, unless
extended to a later date or terminated earlier, pursuant to the terms and conditions of the
Contract.
TERM OF COMPLIANCE - for capital projects
The Contractor shall own and operate the project during the Compliance Period as defined in
the Program/Project Exhibit.
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.
COMPENSATION AND METHOD OF PAYMENT
The County shall compensate the Contractor only for the approved activities specified in each
Project/Program Exhibit and the compensation amount shall not exceed the amount specified
in each Project/Program Exhibit. Compensations will be payable in the following manner.
Start Date and End Date
Start Dates and End Dates for individual projects shall be specified in each
Project/Program Exhibit. Costs incurred before the Start Date will not be reimbursed.
Costs incurred after the End Date will not be reimbursed.
Submission of Invoices, Supporting Documentation and Reports
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The Contractor shall submit an invoice, supporting documentation for costs claimed in
the invoice and all reports as specified in each Project/Program Exhibit or the County
may not process the invoice. Supporting documentation for costs claimed in the invoice
includes, but is not limited to, purchase orders and bills. The County shall initiate
authorization for payment to the Contractor not more than 30 days following the County’s
approval of a complete and correct invoice, supporting documentation and reports.
Final Invoice for Service Projects
The Contractor shall submit its final invoice for each Project/Program Exhibit providing
funding for Service Projects within seven business days after the End Date. The
Contractor shall submit all outstanding reports for each Project/Program Exhibit providing
funding for Service Projects within 30 business days after the End Date.
If the Contractor’s final invoices, supporting documentation, and reports are not
submitted as required, the County shall be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any subsequent invoice;
provided, however, the County may elect to pay any invoice that is not submitted in a
timely manner.
Final Invoice for Capital Projects
Unless provided otherwise in the Project/Program Exhibit(s), the Contractor shall submit
its final invoice, supporting documentation, and all outstanding reports for each
Project/Program Exhibit providing funding for Capital Projects before the End Date
specified in the Project/Program Exhibit(s).
If the Contractor’s final invoices, supporting documentation, and reports are not
submitted as required, the County shall be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any subsequent invoice;
provided, however, the County may elect to pay any invoice that is not submitted in a
timely manner.
Unspent County Funds
After the End Date specified in each Project/Program Exhibit, for individual projects
covered by this Contract, the County shall recapture any unexpended funds
encumbered under this Contract.
During the term of the Contract, the County may, upon agreement with the
Contractor, recapture any unexpended funds for reallocation to other
Project/Program activities.
Projects using federal funds shall also comply with the following subsections F,
G, H and I.
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 Contractor requests reimbursement shall comply with the policies,
guidelines, and requirements of 2 CFR Part 225, "Cost Principles For State, Local and
Indian Tribal Governments" and the sections of 24 CFR Part 85 “Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally
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Recognized Indian Tribal Governments” identified at OMB Circular A -102 and 24 CFR §
570.502(a) Applicability of Uniform Administrative Requirements, unless otherwise
provided in the Project/Program Exhibit(s).
Not-for-profit Corporations
If the Contractor is a not-for-profit corporation, costs for which the Contractor requests
reimbursement shall comply with, unless otherwise provided in the Project/Program
Exhibit(s), the policies, guidelines and requirements of 2 CFR Part 230, "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 2 CFR Part 215
and 24 CFR § 570.502 (b), Applicability of Uniform Administrative Requirements.
Excess Federal Funds
CDBG and/or HOME funds on hand shall not exceed $5,000 if retained beyond three
days unless written approval is received from the County. Any reimbursement in excess
of the amount required shall be promptly returned to the County.
Program Income
The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFR
§§ 92.2, 92.503 and 570.504(c) and in the ICAs, generated under this Contract for the
purposes specified herein or generated through the project(s) funded under this
Contract. Program Income is to be reported to the County. Program income shall 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 a project(s), the Contractor shall comply with all provisions of this
Contract in expending the funds. This duty to repay the County shall not be diminished or
extinguished by the prior termination of the Contract pursuant to Section 2. Duration of
Contract or Section 15. Termination.
Reimbursement for Travel:
The Contractor will not be reimbursed for travel unless otherwise specified within an
Exhibit.
BUDGET
The Contractor shall apply the funds received from the County under this Contract in
accordance with each Project/Program Exhibit including a line item budget, if applicable, set
forth in each Project/Program Exhibit. The Contractor shall request in writing prior approval
from the County to revise the line item budget when the cumulative amount of transfers from a
line item in any Project/Program Exhibit is expected to exceed ten percent of that line item.
Supporting documents are necessary to fully explain the nature and purpose of the revision
and must accompany each request. All budget revision requests in excess of ten percent of a
line item amount shall be reviewed and approved or denied by the County in writing.
EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
Equipment Purchase
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The Contractor agrees that when Contract funds are used to pay for all or part of the
purchase costs of any equipment purchased with Contract funds at a cost of $5,000 per
item or more and identified in an exhibit as reimbursable, is upon its purchase or receipt,
the property of the Contractor, County, and/or federal, and/or state government, as
specified in the exhibit. The Contractor shall be responsible for all proper care and
maintenance of the equipment, including securing and insuring such equipment.
Maintenance of Equipment
The Contractor shall be responsible for all such equipment, including the proper care and
maintenance.
Equipment Returned
The Contractor shall ensure that all such equipment shall be returned to the appropriate
government agency, whether federal, state or county, upon written request of the
County.
Right of Access
The Contractor shall admit the County’s Property Management Officer to the Contractor’s
premises for the purpose of marking such property with appropriate government property
tags.
Maintenance of Records
The Contractor shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment
purchased with Contract identified funds.
Disposition of Equipment
Projects using federal funds shall also comply with the following requirement. If the
Contractor ceases to use equipment purchased in whole or in part with CDBG funds for
the purpose described in this Contract, or if the Contractor wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR
§ 570.502(b)(3)(vi), if the Contractor is a nonprofit corporation and 24 CFR § 570.502(a)
and 24 CFR § 85.32(e) if the Contractor is a municipal corporation or an agency of the
state of Washington. The Contractor agrees that it will contact the County for instructions
prior to disposing of, surplusing of, encumbering or transferring ownership, of any
equipment purchased in whole or in part with federal funds.
CONTRACT AMENDMENTS
Either party may request changes or an extension to this Contract. Proposed amendments,
which are mutually agreed upon, shall be incorporated by written amendments to this
Contract. Budget revisions approved by the County pursuant to Section 6. Budget are not
required to be incorporated by written amendment.
INTERNAL CONTROL, ACCOUNTING SYSTEM AND FINANCIAL REPORT SUBMISSION
Internal Control and Accounting
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The Contractor shall establish and maintain a system of accounting and internal controls
that comply with applicable, generally accepted accounting principles and financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
Financial Report Submission
The Contractor is required to submit a financial reporting package as described in A
through C below. All required documentation must be submitted by email to
DCHSContracts@kingcounty.gov by the stated due date.
If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69, and
expends $750,000 or more in Federal awards during its fiscal year, then the
Contractor shall meet the audit requirements in 2 CFR Part 200 Subpart F. Audit
packages are due to the County within nine months after the close of the
Contractor’s fiscal
If the Contractor is a local government in the State of Washington and is not subject
to the requirements in subsection A, the Contractor shall submit audited financial
statements that are in accordance with the Washington State Auditor’s Office
requirements. Financial statement audits are due to the County within 150 days
after the close of the Contractor’s fiscal year end as required by RCW 43.09.230.
If the Contractor is not subject to the requirements in subsection A or B, the
following apply:
Entity Type Non-Profit For Profit
Gross Revenue Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Gross Revenue
Under $3M on
average in the
previous three
fiscal years.
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
Required
Documentation • Form 990
within 30 days
of its being
filed; and
• A full set of
annual internal
financial
statements
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
• Income tax
return; and
• A full set of
annual internal
financial
statements
Audited financial
statements
prepared by an
independent
Certified Public
Accountant or
Accounting Firm
Due Date Within 30
calendar days
from the forms
being filed.
Within 9 months
following the close
of the Contractor’s
fiscal year.
Within 30
calendar days
from the forms
being filed.
Within 9 months
following the
close of the
Contractor’s
fiscal year.
Waiver
A Contractor that is not subject to the requirements in subsection A may, in extraordinary
circumstances, request, and in the County’ sole discretion be granted, a waiver of the
audit requirements. Such requests are made to the County at:
DCHSContracts@kingcounty.gov for review. If approved by the County, the Contractor
may substitute for the above requirements other forms of financial reporting or fiscal
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representation certified by the Contractor’s Board of Directors, provided the Contractor
meets the following criteria:
Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
There has been no turnover in key staff since the beginning of the period for which
the financial reporting was completed.
Municipal Corporations
If the Contractor is a municipal corporation in the state of Washington, it shall submit to
the County a copy of its annual report of examination/audit, conducted by the
Washington State Auditor, within 30 days of receipt, which submittal shall constitute
compliance with Section 9. Internal Control, Accounting Systems and Audits.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is
14.218. The CFDA number for the HOME program is 14.239. Additional federal and/or
state audit or review requirements may be imposed on the County, and if the Contractor
has CDBG, or HOME funds in the Contract, it shall be required to comply with these
requirements.
MAINTENANCE OF RECORDS
Scope of Records
The Contractor shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records specified in each
Project/Program Exhibit or otherwise the County may deem necessary accounting and
compliance with this Contract.
Time for Retention of Records
Records required to be maintained in subsection A. above shall be maintained for a
period of six years after the termination date, unless a different period for records
retention is specified in the Project/Program Exhibit.
Location of Records/Notice to County
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 within ten working days of any such relocation.
Projects using federal funds shall also comply with subsections D, E, F, G, H, I, J, K, L,
and M.
Federal Exceptions to Retention Requirements
Exceptions to the six year retention period are as follows: (1) Records that are the
subject of audit findings, litigation, or claims shall be retained until such findings, litigation
or claims have been resolved; and (2) The retention period for real property and
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equipment records starts from the date of the disposition, replacement or transfer at the
direction of the County.
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 2 CFR Part 200.
These records shall contain information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlays and income.
Tenant Notification and Relocation Records
If the Contractor is acquiring property with existing tenants, Contractor record keeping for
tenant notification and relocation must comply with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (The “Uniform Relocation Act”), and
regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
and a separate relocation record for each person, business, organization and farm
operation displaced or in the relocation workload must be kept.
Acquisition Records
If the Contractor is using funds under this Contract for property acquisition, the
Contractor must maintain a separate acquisition file for each acquisition process
documenting compliance with Uniform Relocation Act regulations at 49 CFR Part 24,
including a notice of voluntary sale.
Beneficiary Records
The Contractor agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried out
under this Contract if required in a Project/Program Exhibit.
Labor Standards
If the Contractor is using funds under this Contract for construction work, the Contractor
shall maintain records documenting compliance by all construction contractors with the
labor standards as required under 24 CFR § 570.603 for CDBG funds and 24 CFR §
92.354 for HOME funds.
Other Construction Records
The Contractor and all of its subcontractors shall maintain records and information
necessary to document the level of utilization of state certified small, minority, and
women-owned businesses, and other businesses as subcontractors and suppliers under
this Contract. The Contractor shall also maintain all written quotes, bids, estimates or
proposals submitted by the contractor and any and all businesses seeking to participate
in this Contract. The Contractor shall make such documents available to the County for
inspection and copying upon request.
Employment Records
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If the Contractor is a municipal corporation or an Agency of the State of Washington, it
agrees to maintain the following data for each of the Contractor’s operating units funded
in whole or in part with CDBG funds provided under this Contract:
Employment data with such data maintained in the categories prescribed on the
Equal Employment Opportunity Commission’s EEO-4 form; and
Documentation of any actions undertaken to assure equal employment
opportunities to all persons regardless of race, color, national origin, sex or
handicap.
Records Regarding Remedy of Past Discrimination
The Contractor shall maintain documentation of the affirmative action measures the
Contractor has taken to overcome prior discrimination if a court or HUD has found that
the Contractor has previously discriminated against persons on the grounds of race,
color, national origin or sex in administering a program or activity funded in whole or in
part with CDBG funds pursuant to 24 CFR Part 121.
Record-Keeping Requirements and Site Visits
The Contractor shall maintain, for at least six years after completion of all work under this
Contract, the following:
Records of employment, employment advertisements, application forms, and other
pertinent data and records related to the Contract for the purpose of monitoring,
audit and investigation to determine compliance with any equal opportunity
requirements set forth in any federal regulations, statutes or rules included or
referenced in the Contract documents; and
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, at any time, 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. In all other respects, the Contractor shall make the
foregoing records available to the County for inspection and copying upon request. If this
Contract involves federal funds, 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.
EVALUATIONS AND INSPECTIONS
Right of Access to Facilities for Inspection of Records
The Contractor shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the activities funded under this
Contract. The County shall give advance notice to the Contractor in the case of fiscal
audits to be conducted by the County.
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Time for Inspection and Retention
The records and documents with respect to all matters covered by this Contract shall be
subject at all times to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years after
the termination date, unless a different period is specified in the Project/Program Exhibit
or a longer retention period is required by law.
Agreement to Cooperate
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.
PROPRIETARY RIGHTS
Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in an Exhibit, the parties to this Contract
hereby 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. To the extent that any rights in such materials vest initially
with the Contractor by operation of law or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers and quitclaims such rights to the County.
The County agrees to and does hereby grant to the Contractor a perpetual, irrevocable,
nonexclusive, and royalty-free license to use and create derivative works, according to
law, any material or article and use any method that may be developed as part of the
work under this Contract.
Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby
grant to the County a perpetual, irrevocable, nonexclusive, and royalty-free license to
use and create derivative works, according to law, any pre-existing material or article and
use any method that may be delivered as part of the work under this Contract.
Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the County deems
necessary to secure, maintain, renew, or restore the rights granted to the County as set
forth in this section.
CORRECTIVE ACTION
If the County determines that the Contractor failed to comply with any material terms or
conditions of this Contract or the Contractor has failed to provide in any manner the work or
services (each a “breach”), and if the County determines that the breach warrants corrective
action, the following procedure shall apply.
Written Notification
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The County shall notify the Contractor in writing of the nature of the breach.
Contractor’s Correction Plan
The Contractor shall respond with a written corrective action plan within ten working days
of its receipt of such notification unless the County, at its sole discretion, extends in
writing the response time. The plan shall indicate the steps being taken to correct the
specified breach and shall specify the proposed completion date for curing the breach.
This 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 to complete the
corrective actions
County’s Determination of Corrective Action Plan Sufficiently
The County will determine the sufficiency of the Contractor’s proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the
County.
Termination or Suspension of Contract
If 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 terminate or suspend this Contract in whole or in part pursuant to
Subsection 15. Termination Subsection B.
County Withholding of Payment
In addition, the County may withhold any payment to 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.
No Waiver of Other Remedies
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 15. Termination or other remedies authorized by law.
ASSIGNMENT
The Contractor shall not assign, transfer or subcontract any portion of this Contract or transfer
or assign any claim arising pursuant to this Contract without the prior written consent of the
County. Additional terms for County consent to such assignment, transfer or subcontract may
be described in a Project/Program Exhibit and, where expressly specified in the
Project/Program Exhibit, shall supersede the requirements and limitations of this Section 14.
Said consent must be sought in writing by the Contractor not less than 15 business days prior
to the date of any proposed assignment, transfer or subcontract. The Contractor shall deliver
to the County with its request for consent, such information regarding the proposed assignee,
transferee or subcontractee, including its proposed mission, legal status, and financial and
management capabilities as is reasonably available to the Contractor. Within 15 days after
such request for consent, King County may reasonably request additional available
information on the proposed assignee, subcontractee or transferee. If the County shall give its
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consent, this section shall nevertheless continue in full force and effect. Any assignment,
transfer or subcontract without prior County consent shall be void.
TERMINATION
Termination for Convenience
This Contract may be terminated by the County without cause, in whole or in part,
prior to the termination date specified in the Project/Program Exhibit, by providing
the Contractor 30 days advance written notice of the termination.
In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or
limited in any way prior to the termination date set forth in the Project/Program
Exhibit, the County may, upon written notification to the Contractor, terminate this
Contract in whole or in part.
If the Contract is terminated as provided above:
The County shall be liable only for payment in accordance with the terms of this
Contract for services rendered prior to the effective date of termination; and
The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
Termination for Cause
The County may terminate this Contract, in whole or in part, upon seven days
advance written notice to the Contractor:
The Contractor breaches any duty, obligation, or service required pursuant to
this Contract and either (a) the corrective action process described in Section
10 fails to cure the breach or (b) the County determines; or
The duties, obligations, or services required herein become impossible, illegal
or not feasible.
If the County terminates the Contract pursuant to this Section 15. Termination,
Subsection B. the Contractor shall be liable for damages, including any additional
costs of procuring 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, that have been paid to the Contractor by the
County.
If expected or actual funding is withdrawn, reduced, or limited in any way prior to
the termination date set forth above in Section II. Duration of Contract, the County
may, upon seven business days advance written notice to the Contractor, terminate
this Contract in whole or in part.
If the Contract is terminated as provided in this subsection:
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The County shall be liable only for payment in accordance with the terms of this
Contract for services rendered and authorized purchase made prior to the
effective date of termination; and
The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
Funding or obligation under this Contract is conditional upon appropriation by the
County Council of sufficient funds to support the activities described in the
Contract. If such appropriation is not approved, this Contract shall terminate at the
close of the current appropriation.
Non-Waiver of Rights
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by law or in equity that either party may have if any of the obligations, terms
and conditions set forth in this Contract are breached by the other party.
ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the described subject
matter, 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 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.
HOLD HARMLESS AND INDEMNIFICATION
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.
The Contractor 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.
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To the maximum extent permitted by law, 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 any industrial insurance act, including
Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee
benefit act of any jurisdiction which would otherwise be applicable in the case of such
claim. In addition, the Contractor shall protect and assume the defense of the County
and its officers, agents and employees in all legal or claim proceedings arising out of, in
connection with, or incidental to its indemnity obligation; and shall pay all defense
expenses, including reasonable attorney's fees, expert fees and costs incurred by the
County on account of such litigation or claims. Title 51 RCW. If the County incurs any
judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to
enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from the Contractor.
To the maximum extent permitted by law, 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 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
reasonable attorneys’ fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from the County.
For purposes of this section, 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.
The indemnification, protection, defense and save harmless obligations contained herein
shall survive the expiration, abandonment or termination of this Contract.
INSURANCE REQUIREMENTS—GENERAL
Insurance Required
The Contractor shall procure and maintain for the term of this Contract, insurance
covering King County as an additional insured, as described in this section, against
claims which may arise from, or in connection with, the performance of work hereunder
by the Contractor, its agents, representatives, employees and/or
contractor/subcontractors. The Contractor or contractor/subcontractor shall pay the costs
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of such insurance. The Contractor shall furnish separate certificates of insurance and
policy endorsements from each contractor/subcontractor as evidence of compliance with
the insurance requirements of this Contract.
Contractor shall provide evidence of the insurance required under this Contract, including
a Certificate of Insurance and Endorsements covering King County as additional insured
for full coverage and policy limits within 10 business days of signing the contract.
Evidence of Insurance and Endorsements shall be submitted by email to
DCHSContracts@kingcounty.gov. The Contractor may request additional time to provide
the required documents by emailing DCHSContracts@kingcounty.gov. Extensions will be
granted at the sole discretion of DCHS.
The Contractor is responsible for ensuring compliance with all of the insurance
requirements stated herein. Failure by the Contractor, its agents, employees, officers,
contractor/subcontractors, providers and/or provider subcontractors to comply with the
insurance requirements stated herein shall constitute a material breach of this Contract.
Each insurance policy shall be written on an “occurrence” form; except that insurance on
a “claims made” form may be acceptable with prior County approval. If coverage is
approved and purchased on a “claims made” basis, the Contractor warrants continuation
of coverage, either through policy renewals or the purchase of an extended discovery
period, if such extended coverage is available, for not less than three years from the date
of Contract termination, and/or conversion from a “claims made” form to an “occurrence”
coverage form.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which coverage
will apply to each insured to the full extent provided by the terms and conditions of the
policy(s). Nothing contained in this provision shall affect and/or alter the application of
any other provision contained within this Contract.
Risk Assessment by Contractor
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Contractor under this Contract, nor
shall such minimum limits be construed to limit the limits available under any insurance
coverage obtained by the Contractor. The Contractor shall assess its own risks and, if it
deems appropriate and/or prudent, maintain greater limits and/or broader coverage.
Minimum Scope of Insurance. Coverage shall be at least as broad as the following:
General Liability
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
Professional Liability, Errors and Omissions Coverage
In the event that services delivered pursuant to this Contract either directly or
indirectly involve or require professional services, Professional Liability, Errors and
Omissions coverage shall be provided. “Professional Services”, for the purpose of
this Contract section, shall mean any services provided by a licensed professional
or those services that require a professional standard of care.
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Automobile Liability
Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 “any auto”; or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
Workers’ Compensation
Workers’ Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or “Other States” state law.
Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers’
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the “Stop Gap” endorsement to the general
liability policy.
Property Insurance
Insurance Services Office form number (CP 00 10) covering BUILDING AND
PERSONAL PROPERTY COVERAGE and Insurance Services Office form number
(CP 10 30) CAUSES OF LOSS – SPECIAL FORM or project appropriate
equivalent.
National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in
identified special flood hazard areas shall be subject to Contractor mandatory
purchase of flood insurance as required by Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub L. 93-237).
Builder's Risk/Installation Floater
The Contractor shall procure and maintain during the life of the Contract, or until
acceptance of the project by King County, whichever is longer, “All Risk” Builders
Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk
Coverage Form) with ISO form number CP0030 (Causes of Loss—Special Form)
including coverage for collapse, theft and property in transit. The coverage shall
insure for direct physical loss to property of the entire construction project, for one
hundred percent of the replacement value thereof. The policy shall be endorsed to
cover the interests, as they may appear, of King County, Owner, Contractor and
subcontractors of all tiers with King County listed as a loss payee.
Minimum Limits of Insurance—Capital Projects
The Contractor shall maintain limits no less than the following:
Commercial General Liability: $1,000,000 combined single limit per occurrence by
bodily injury, personal injury, and property damage; and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
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Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the
Aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage if the use of motor vehicles is contemplated.
Workers’ Compensation: Statutory requirements of the state of residency.
Stop Gap /Employers Liability: $1,000,000.
Property Insurance: One hundred percent replacement value of funded structure.
Minimum Limits of Insurance—-Building Construction Period
Prior to commencement of building construction and until construction is complete and
approved by the Contractor, the Contractor shall cause the construction contractor and
related professionals to procure and maintain insurance against claims for injuries to
persons or damages to property which may arise from, or in connection with the activities
related to this Contract. The Contractor and County shall be named as additional
insureds on liability policies except Workers Compensation and Professional Liability,
and as Named Insureds on Builders Risk policies. The cost of such insurance shall be
paid by the Contractor and/or any of the Contractor’s contractors/ subcontractors. The
Contractor shall maintain limits no less than the following:
Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the
aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
Builder's Risk Insurance: One hundred percent replacement cost value.
Workers Compensation: Statutory requirements of the State of residency.
Stop Gap or Employers Liability Coverage: $1,000,000.
Minimum Limits of Insurance—Services Agreements: The Contractor shall maintain limits
no less than the following:
Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the
aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
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Workers Compensation: Statutory requirements of the State of Residency.
Stop Gap or Employers Liability Coverage: $1,000,000.
Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects and
Services Contracts.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, the
County. The deductible and/or self-insured retention of the policies shall not apply to the
Contractor’s liability to the County and shall be the sole responsibility of the Contractor.
Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to contain,
the following provisions:
All Liability Policies except Professional and Workers Compensation.
The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or
on behalf of the Contractor in connection with this Contract. Such coverage
shall include Products-Completed Operations.
To the extent of the Contractor’s negligence, the Contractor’s insurance
coverage shall be primary insurance as respects the County, its officers,
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officers, officials, employees, or agents shall not
contribute with the Contractor’s insurance or benefit the Contractor in any way.
The Contractor’s insurance shall apply separately to each insured against
whom claim is made and/or lawsuit is brought, except with respect to the limits
of the insurer’s liability.
Property Coverage Policies
The County shall be added to all Property Coverage Policies as a loss payee as
its interests may appear.
The County shall be added as a Named Insured as its interests may appear to
all Builders Risk policies.
All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid, until
after 30 days prior written notice has been given to the County.
Acceptability of Insurers
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Unless otherwise approved by the County, insurance is to be placed with insurers with a
Bests’ rating of no less than A: VIII, or, if not rated with AM Bests, with minimum
surpluses the equivalent of AM Bests’ surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with
AM Bests’ rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with appropriate certificates and endorsements,
for approval.
Verification of Coverage
The Contractor shall furnish the County with certificates of insurance and endorsements
required by this Contract. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements for each insurance policy are to be on forms
approved by the County prior to the commencement of activities associated with the
Contract. The County reserves the right to require complete, certified copies of all
required insurance policies at any time.
If the Agency/Contracting Party is a Municipal Corporation or an agency of the State of
Washington and is a member of the Washington Cities Insurance Authority (WCIA) or
any other self-insurance risk pool, a written acknowledgement/certification of current
membership will be attached to the Agreement as Exhibit I and satisfies the insurance
requirements specified above.
Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Contractor is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract, then such requirements and documentation shall be subject to all of the
requirements stated herein.
Municipal or State Contractor Provisions
If the Contractor is a municipal corporation or a Contractor of the state of Washington
and is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be provided for the self-insured requirements and attached hereto and be
incorporated by reference and shall constitute compliance with this Section. If the
certificate of self-insurance does not cover all mandatory requirements, the Contractor
shall provide separate certificates and endorsements that document coverage.
NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
Equal Benefits to Employees with Domestic Partners
In accordance with King County Ordinance 14823, as a condition of award of a contract
valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the
provision of employee benefits between employees with spouses and employees with
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domestic partners during the performance of this Contract. Absent authorization for
delayed or alternative compliance, failure to comply with this provision shall be
considered a material breach of this Contract and may subject the Contractor to
administrative sanctions and remedies for breach.
When the contract is valued at $25,000 or more, by signing the Contract/Bid Submittal
the Contractor is indicating compliance with this requirement or with the terms of an
authorization for delayed or alternative compliance
Nondiscrimination in Employment Provision of Services
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this
Contract, neither the Contractor nor any party subcontracting under the authority of this
Contract shall discriminate or tolerate harassment on the basis of 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.
Nondiscrimination in Subcontracting Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this Contract,
the Contractor shall not create barriers to open and fair opportunities to participate in
County contracts or to obtain or compete for contracts and subcontracts as sources of
supplies, equipment, construction and services. In considering offers from and doing
business with subcontractors and suppliers, the Contractor shall not discriminate against
any person because of their 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.
Compliance with Laws and Regulations
The Contractor shall comply fully with all applicable federal, state and local laws,
ordinances, Presidential Executive Orders and regulations that prohibit discrimination to
the extent applicable. These laws include, but are not limited to, RCW Chapter 49.60,
Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and
the Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and
12.18 are incorporated herein by reference and the requirements in these code chapters
shall specifically apply to this contract, to the full extent applicable. The Contractor shall
further comply fully with any equal opportunity requirements set forth in any federal
regulations, statutes or rules included or referenced in the contract documents.
Small Contractors and Suppliers and Minority and Women Business Enterprises
Opportunities
King County encourages the Contractor to utilize small businesses, including Small
Contractors and Suppliers (SCS), as defined below, and minority-owned and women-
owned business enterprises certified by the Washington State Office of Minority and
Women's Business Enterprises (OMWBE) in County contracts. The County encourages
the Contractor to use the following voluntary practices to promote open competitive
opportunities for small businesses, including SCS firms and minority-owned and women-
owned business enterprises:
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Inquire about King County’s Contracting Opportunities Program. King County has
established a Contracting Opportunities Program to maximize the participation of
SCS in the award of King County contracts. The Program is open to all SCS firms
certified by King County Business Development and Contract Compliance (BDCC).
As determined by BDCC and identified in the solicitation documents issued by the
County, the Program will apply to specific contracts. However, for those contracts
not subject to the Program or for which the Contractor elected not to participate in
the Program during the solicitation stage, the Contractor is still encouraged to
inquire voluntarily about available firms. Program materials, including application
forms and a directory of certified SCS firms, are available at the following Web-site
address: http://www.kingcounty.gov/bdcc.
The term “Small Contractors and Suppliers” (SCS) means that a business and the
person or persons who own and control it are in a financial condition which puts the
business at a substantial disadvantage in attempting to compete for public
contracts. The relevant financial condition for eligibility under the Program is set at
fifty percent of the Federal Small Business Administration (SBA) small business
size standards using the North American Industry Classification System and
Owners’ Personal Net Worth less than $750,000 dollars.
Contact OMWBE to obtain a list of certified minority-owned and women-owned
business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by
Toll Free telephone (866) 208-1064.
Use the services of available community organizations, consultant groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including SCS firms and
minority-owned and women-owned business enterprises.
Equal Employment Opportunity Efforts
The Contractor shall undertake 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. The Contractor's equal employment opportunity efforts shall include
but not be limited to, the following; employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeships. The Contractor
agrees to post in conspicuous places available to employees and applicants for
employment notices setting forth this nondiscrimination clause. In accordance with KCC
12.16.010.j. “equal employment opportunity efforts” shall mean active efforts to ensure
equal opportunity in employment that is free from all forms of discrimination.
Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section 504)
and the American Disabilities Act of 1990 as amended (ADA)
Pursuant to Title II of the ADA and Section 504 the County must not discriminate against
people with disabilities in providing services, programs or activities even if those
services, programs or activities are carried out by contractors. The Contractor agrees
that it shall provide all programs, services and activities to County employees or
members of the public under this Contract in the same manner as King County is
obligated to under Title II of the ADA, and Section 504 and shall not deny participation or
the benefits of such services, programs or activities to people with disabilities on the
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basis of such disability. Failure to comply with this section shall be a material breach of,
and grounds for, the immediate termination of this Contract.
The Contractor agrees to provide to persons with disabilities access to programs,
activities and services provided under the Contract or agreement, as required by
the disability access laws as defined by KCC 12.16; and
The Contractor shall not discriminate against persons with disabilities in providing
the work under the Contract. In any subcontracts for the programs, activities and
services under their contract or agreement, the Contractor shall include the
requirement that the subcontractor provide to persons with disabilities access to
programs, activities and services provided under the contract or agreement as
required by the disability access laws as defined by KCC 12.16, that the
subcontractor shall not discriminate against persons with disabilities in providing
the work under the Contract and that the subcontractor shall provide that the
County is a third party beneficiary to that required provision.
Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this section shall be a
material breach of contract for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to
prevent discrimination in any housing-related project under this Contract, which includes
rental housing projects and/or projects that include residential real estate-related
transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601)
and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential
real estate-related transactions include the making or purchasing of loans or the
provision of financial assistance secured by real estate, or the making or purchasing of
loans or financial assistance for the purchasing, constructing, improving, repairing or
maintaining of a dwelling. Rental housing includes any dwelling that is intended for
occupancy as a residence for one or more families by lease, sublease or by grant for a
consideration of the right to occupy Premises not owned by the occupant. In addition,
except for projects located in incorporated jurisdictions, the Contractor shall comply with
the applicable provisions of the King County Open Housing Ordinance, codified at
Chapter 12.20 of the King County Code, which prohibits practices of housing
discrimination against any person on the basis of age, ancestry, color, disability, marital
status, national origin, parental status, possession of Section 8 housing assistance, race,
religion, retaliation, sex, and sexual orientation.
Projects using federal funds shall also comply with subsections J, K, L, and M below.
Additional Federal Nondiscrimination Requirements
The Contractor shall comply with all applicable federal laws prohibiting discrimination,
including the following:
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Presidential Executive Order 11063 as amended and implementing regulations at
24 CFR Part 107;
Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and
225); and
Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.
Prohibited Discriminatory Actions
Except where expressly authorized by federal law, the Contractor may not, under
any program or activity to which this Contract applies, 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;
Denying any person services due to limited English proficiency;
Providing any person with facilities, services, financial aid or other benefits,
which are different, or are provided in a different form from that provided to
others under the program or activity;
Subjecting any person to segregated or separate treatment in any facility or in
any matter or process related to receipt of any service or benefit under the
program or activity;
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;
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;
Denying any person any opportunity to participate in a program or activity as an
employee; and
Failing to design and construct facilities for first occupancy after January 26,
1993 that are readily accessible to and usable by individuals with disabilities
and failure to remove architectural and communication barriers that are
structural in nature in existing facilities, where such removal can be
accomplished without difficulty and expense.
The Contractor shall not utilize criteria or methods of administration that have the
effect of subjecting individuals to discrimination on the basis of age, color, familial
status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or
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sensory disability; or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to
individuals of a particular age, color, familial status, nationality, race, religion, sex,
or sexual orientation; or the presence of any mental, physical, or sensory disability.
The Contractor, in determining the site or location of housing or facilities provided in
whole or in part with funds under this Contract, may not make selections of such
site or location which have the effect of excluding individuals, denying them
benefits, or subjecting them to discrimination on the grounds of age, sex, marital
status, familial status, religion, race, creed, color, sexual orientation, nationality, or
the presence of any sensory, mental or physical disability; or which have the
purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the HCD Act or of the HUD Regulations.
Employment Projections
In 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 shall constitute compliance with this section.
No Conflict with Federal Requirements.
As indicated by HUD Notice CPD 04-10, a faith-based organization’s exemption from the
federal prohibition on employment discrimination on the basis of religion, set forth in 42
USC 2000e-1(a), is not forfeited when the organization receives HUD funding. Faith-
based organizations, like any other entity participating in a HUD-funded program, must,
however, comply with all the statutory requirements of that particular HUD-funded
program. Both the CDBG and HOME Programs contain statutory provisions imposing
non-discrimination requirements on all subrecipients, subgrantees or contractors.
Religious organizations that believe that certain non-discrimination statutory
requirements are substantially burdensome may be entitled to protection under the
Religious Freedom Restoration Act [42 USC4000bb-3, 4000bb-2(1)] which applies to all
federal law and its implementation. Subrecipients, subgrantees, or contractors should be
aware that anti-discrimination provisions of Section 109 of the Housing and Community
Development Act of 1974, Section 282 of the HOME Investment partnership Act may
pose questions of conformance with Title VII of the Civil Rights Act of 1964 and future
court rulings could define more specifically the application of these laws to faith-based
organizations. In the event that a provision of this Contract is deemed to be in actual
conflict with federal law, the conflicting provision in this Contract shall not apply.
SUBCONTRACTS AND PURCHASES
Subcontract Defined
“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.
Writing Required
Any work or services assigned or subcontracted hereunder shall be in writing and must
be approved by the County as provided in Section 14. Assignment.
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The rejection or approval by the County of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the Contract,
nor be the basis for additional charges to the County.
The Contractor agrees that it is as fully responsible to the County for the acts and
omissions of its subcontractors and their employees and agents, as it is for the acts and
omissions of its own employees and agents, as specified in Section 17. Hold Harmless
and Indemnification Subsection C.
The County has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations, financial
or otherwise, to its Subcontractors.
Required Contract Terms
The Contractor shall include the applicable provisions of Sections 18. Insurance
Requirements - General, 19. Nondiscrimination and Equal Employment Opportunity and
20. Subcontracts and Purchases in every subcontract or purchase order for goods or
services which are paid for in whole or in part with funds provided under this Contract.
The Contractor agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services, which relate to the subject
matter of this Contract:
“Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employee, 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 its Contract with Contractor and shall have the right
to bring an action against subcontractor to enforce the provisions of this paragraph.”
Projects using federal funds must also comply with subsections D, E, F, G and H.
Debarred Contractors
The Contractor certifies that neither the Contractor nor any person or entity with a
controlling interest in the Contractor is under suspension, debarment, voluntary exclusion
or determination of ineligibility from participation in federal assistance programs under
Presidential Executive Order 12549 or 12689, “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 12549 or 12689.
The Contractor shall not make any award at any time to any contractor, which is
debarred, suspended or excluded, from participation in 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 agreement have not been disbarred or suspended from federal contract
participation. This may be done by checking the System for Award Management at
https://www.sam.gov, which lists all suspended and debarred entities.
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Subcontracting Requirements
A Contractor which receives federal funds under this Contract also shall include the
following sections in every subcontract or purchase order for goods and services which
are paid in whole or in part with funds provided under this Contract: Section 5.
Compensation and Method of Payment Subsections F. or G. and I., Sections 17. Hold
Harmless and Indemnification Subsection B., 18. Insurance Requirements – General
Subsection K., 19. Nondiscrimination and Equal Employment Opportunity and 22.
Conflict of Interest Subsection B. and, if the subcontract is for construction, Sections 35.
Labor Standards and 36. Employment Opportunities.
Federal Procurement Requirements
The Contractor agrees to comply with Procurement Standards specified in 2 CFR §
200.317 through - 200.326, unless otherwise provided in the Project/Program Exhibit.
Federal Bid Guarantee and Bond Requirements
If the Contractor is subcontracting construction work under this Contract, the subcontract
shall require for any construction contracts exceeding $150,000:
A bid guarantee from each bidder equivalent to five percent of the bid price;
A performance bond from the contractor for one hundred percent of the contract
price; and
A payment bond from the contractor for one hundred percent of the contract price.
The Contractor may, at its discretion, require any of these requirements on
construction contracts of less than $150,000. The specific requirements for bid
guarantees and bonds are at 2 CFR § 200.325.
Failure to Comply is Default
Failure by the Contractor to require compliance with the above terms and conditions in
subcontracts shall constitute a breach of this Contract.
NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
Projects using federal funds shall comply with the following requirements:
Federal Requirements
In soliciting subcontractors to supply goods or services for the activities under this
Contract, the Contractor shall comply with 2 CFR § 200.321. In accordance with these
regulations, the Contractor shall take all necessary affirmative steps to assure M/WBEs
and labor surplus area firms are used as subcontractors when possible. Affirmative steps
shall include those actions specified above in this section of the Contract.
Nondiscrimination in Federally Assisted Construction
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The Contractor shall also require compliance with Presidential Executive Order 11246 as
amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for
construction projects over $10,000.
CONFLICT OF INTEREST
Entering into this Contract with the County requires that the Contractor agree to abide by
certain provisions of the King County Employee Code of Ethics, including those relating to
conflicts of interest and the employment of current or former County employees.
The Contractor shall comply with applicable provisions of King County Code (KCC)
Chapter 3.04. Failure to comply with such provisions shall be a material breach of
Contract and may result in termination of this Contract. Termination and subject the
Contractor to remedies stated in this Contract or otherwise available to the County at law
or in equity. This section shall not apply to a Contractor that is a municipal corporation
which has adopted an employee code of ethics; provided that nothing in this section is
intended to contract away such a Contractor’s obligation to comply with any KCC
Chapter 3.04 provision that applies independent of this Contract.
No Preferential Treatment
The Contractor agrees that it will not attempt to secure preferential treatment in 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 shall be cancelled and it
shall not be able to bid on any County contract for a period of two years.
Disclosure of Current and Former County Employees
To avoid any actual or potential conflict of interest or unethical conduct:
County employees or former County employees are prohibited from assisting with
the preparation of proposals or contracting with, influencing, advocating, advising or
consulting with a third party, including Contractor, while employed by the County or
within one year after leaving County employment if he/she participated in
determining the work to be done or processes to be followed while a County
employee.
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 Contract may result in termination of 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.
No Conflict of Interest
The Contractor shall abide by the provision of 2 CFR § 200.318, and by the following:
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The Contractor 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 funds under this Contract;
No employee, director, officer or agent of the Contractor shall participate in the
selection or in the award, or administration of a contract supported by funds under
this contract if a conflict of interest, real or apparent, would be involved. By way of
example, such a conflict would arise if such a person, or his or her employer,
immediate family member or partner has financial or other interest in the entity
selected; and
The Contractor’s officers, employees, and agents must neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. However, the Contractor may set standards for situations in which
the financial interest is not substantial or the gift is an unsolicited item of nominal
value. The standards of conduct must provide for disciplinary actions to be applied
for violations of such standards by officers, employees, or agents of the Contractor.
BOARD OF DIRECTORS
If the Contractor is incorporated, it must have an active, legally constituted board of
directors in accordance with the requirements of RCW Chapters 23B or 24, to the extent
applicable.
The following additional requirements shall apply to the agencies that qualify as non-
profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1,
Section 501(C)(3).
The Contractor shall have a Board of Directors that shall be comprised of neither
employees nor relatives of employees, officers, or directors of the Contractor. For
the purposes of this section, a relative is defined as husband, wife, father, father-in-
law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-
law, daughter, daughter-in-law, niece, nephew, grandparent, grandchild, uncle,
aunt, domestic partner and child of domestic partner. In addition, the relatives of a
domestic partner shall be considered relatives to the same extent such relatives
would be included in this section, as if the employee and domestic partner were
married.
The Board of Directors shall meet regularly.
The Board of Directors shall cause to be adopted a formal conflict of interest policy
for Board members that complies with the applicable provisions of the Internal
Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts,
financial gain, and improper use of position.
CONFIDENTIALITY
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.
PERSONAL INFORMATION – NOTICE OF SECURITY BREACH
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If the Contractor maintains computerized or other forms of data that includes personal
information owned by the County, the Contractor shall notify the County of any breach of
the security of the data immediately following discovery if the personal information was,
or is reasonably believed to have been, acquired by an unauthorized person in
accordance with RCW 42.56.590 (2).
The Contractor shall provide all information requested by the County including the
following in accordance with RCW 42.56.590, KCC 2.14.030, the King County
Information Privacy Policy and any other applicable federal, state and local statute:
Circumstances associated with the breach;
Actions taken by the Contractor to respond to the breach; and
Steps the Contractor shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
The County may at its sole discretion, require the Contractor to contact the appropriate
law enforcement agency and to provide the County a copy of the report of the
investigation conducted by the law enforcement agency. The Contractor shall also
provide the County with any information it has regarding the security breach.
The Contractor shall conspicuously display King County’s Privacy Notice and provide a
printed copy upon request.
The Contractor shall be responsible for notifying individuals whose personal information
may have become available to unauthorized users through a security breach. The
Contractor shall also be responsible for any cost associated with notifying the affected
individuals. This notification must be in accordance with RCW 42.56.590 (7).
If the Contractor demonstrates that the cost of providing notice would exceed $250,000,
or that the potentially affected persons exceeds $500,000, or the Contractor does not
have sufficient contact information, substitute notice shall consist of the following in
accordance with RCW 42.56.590 (7), (c).
Email notice when the Contractor has an e-mail address for the subject persons;
Conspicuous posting of the notice on the Contractor’s web site page, if the
Contractor maintains one; and
Notification to major County-wide media.
For purpose of this section, “personal information” means the same as defined in RCW
42.56.590:
An individual’s first name or first initial and last name in combination with any one of
the following data elements, when either the name or the data elements are not
encrypted: social security number; driver’s license number or Washington
identification card number; or
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Account number or credit or debit card number, in combination with any required
security code; access code, or password that would permit access to an individual’s
financial account.
COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 CFR Parts 160 and 164.
Obligations and Activities of the Contractor
The Contractor agrees not to use or disclose protected health information other
than as permitted or required by this Contract, HIPAA and the Health Information
Technology for Economic and Clinical Health Act (HITECH). The Contractor shall
use and disclose protected health information only if such use or disclosure,
respectively, is in compliance with each applicable requirement of 45 CFR §
164.504(e). The Contractor is directly responsible for full compliance with the
privacy provisions of HIPAA and HITECH that apply to business associates.
The Contractor agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives,
maintains, or transmits on behalf of the County as required by 45 CFR, Part 164,
Subpart C. The Contractor is directly responsible for compliance with the security
provisions of HIPAA and HITECH to the same extent as the County.
Within two business days of the discovery of a breach as defined at 45 CFR §
164.402 the Contractor shall notify the County of any breach of unsecured
protected health information. The notification shall include the identification of each
individual whose unsecured protected health information has been, or is reasonably
believed by the Contractor to have been, accessed, acquired, or disclosed during
such breach; a brief description of what happened, including the date of the breach
and the date of the discovery of the breach, if known; a description of the types of
unsecured protected health information that were involved in the breach (such as
whether full name, social security number, date of birth, home address, account
number, diagnosis, disability code, or other types of information were involved); any
steps individuals should take to protect themselves from potential harm resulting
from the breach; a brief description of what the Contractor is doing to investigate
the breach, to mitigate harm to individuals, and to protect against any further
breaches; the contact procedures of the Contractor for individuals to ask questions
or learn additional information, which shall include a toll free number, an e-mail
address, Web site, or postal address; and any other information required to be
provided to the individual by the County pursuant to 45 CFR § 164.404, as
amended. A breach shall be treated as discovered in accordance with the terms of
45 CFR § 164.410. The information shall be updated promptly and provided to the
County as requested by the County.
The Contractor agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Contractor of a use or disclosure of protected health information by
the Contractor in violation of the requirements of this Contract or the law.
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The Contractor agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident to the County within
two days of the Contractor knowledge of such event.
The Contractor agrees to ensure that any agent, including a subcontractor, to
whom it provides protected health information received from, or created or received
by the Contractor on behalf of the County, agrees to the same restrictions and
conditions that apply through this Contract to the Contractor with respect to such
information.
The Contractor agrees to make available protected health information in
accordance with 45 CFR § 164.524.
The Contractor agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164.526.
The Contractor agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received by
the Contractor on behalf of King County, available to the Secretary of the U.S.
Department of Health and Human Services, in a reasonable time and manner for
purposes of the Secretary determining King County’s compliance with HIPAA,
HITECH or this Contract.
The Contractor agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an
individual make a request to the County for an accounting of disclosures of his or
her protected health information pursuant to 45 CFR § 164.528, Contractor agrees
to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and
45 CFR §164.528, of disclosures of protected health information that have been
made by the Contractor acting on behalf of the County. The accounting shall be
provided by the Contractor to the County or to the individual, as directed by the
County.
To the extent the Contractor is to carry out one or more of the covered entity’s
obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the
requirements of Subpart E that apply to the County in the performance of such
obligations.
Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate HIPAA if done by King County or
the minimum necessary policies and procedures of King County.
Effect of Termination
Except as provided in paragraph C.2. of this section, upon termination of this
Contract, for any reason, the Contractor shall return or destroy all protected health
information received from the County or created or received by the Contractor on
behalf of the County. This provision shall apply to protected health information that
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is in the possession of subcontractors or agents of the Contractor. The Contractor
shall retain no copies of the protected health information.
In the event the Contractor determines that returning or destroying the protected
health information is infeasible, the Contractor shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible,
the Contractor shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for so
long as the Contractor maintains such protected health information.
Reimbursement for Costs Incurred Due to Breach
Contractor shall reimburse the County, without limitation, for all costs of investigation,
dispute resolution, notification of individuals, the media, and the government, and
expenses incurred in responding to any audits or other investigation relating to or arising
out of a breach of unsecured protected health information by the Contractor.
NOTICES
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing; and directed to each party’s contact representative indicated within the contract
exhibits. Any time within which a party must take some action shall be computed from the date
that said party receives the notice.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
If paper copies are required, and in accordance with KCC 18.20 and King County Executive
Policy CON 7-1-2, the Contractor shall use recycled paper for all printed and photocopied
documents related to the submission of this solicitation and fulfillment of the Contract and
shall, whenever practicable, use both sides of the paper.
SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Contractor and any subcontractor agree, when applicable, to abide by the terms of
Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and
71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder, the
Basic Inter Contractor Contract between the Department of Social and Health Services and
King County, as amended, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are
incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any exhibit or
attachment to this Contract, the language in the Contract shall control over the language
contained in the exhibit or the attachment, unless the exhibit provision expressly indicates that
it controls over inconsistent contract language. If there is conflict among requirements set forth
in exhibits, language contained in the lower numbered exhibit shall control unless the higher
numbered exhibit provision expressly indicates that it controls over inconsistent lower
numbered exhibit language.
POLITICAL ACTIVITY PROHIBITED
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No Partisan Activity
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.
All Projects using federal funds shall also comply with the following subsection.
Certification Regarding Lobbying
The Contractor 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
Contractor, 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.
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
Contractor, 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 Contractor shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
The Contractor 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.
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.
FORCE MAJEURE
“Force Majeure” means an event or events beyond the parties’ reasonable control, incurred
not as a product or result of the negligence of the afflicted party, and which have a materially
adverse effect on the ability of such party to perform its obligations as detailed in this Contract.
Force Majeure events may include, but are not limited to: Acts of God or Nature; war; civil,
military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood or
other casualty; labor difficulties, shortages of labor or materials or equipment; government
regulations; delay by government or regulatory agencies; shutdowns for purpose of
emergency repairs, and/or unusually severe weather.
No Breach if Force Majeure Applies:
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Neither party shall be considered in breach of this Contract to the extent that performance
of their respective obligations is prevented by a Force Majeure event upon giving notice
and reasonably full particulars to the other party.
Duty to Minimize Disruption and Give Notice:
Parties maintain an express duty to minimize the disruption caused by Force Majeure, and
shall, as soon as reasonably practicable, give notice to the other party of the nature and
impact of the Force Majeure. Irrespective of any extension of time, if the effect of an event
or series of events continues for a period of 180 days, either the County or the Contractor
may give to the other a notice of suspension or termination.
Extension of Time:
Should Force Majeure events delay the Contractor’s completion of the deliverables and
performance commitments, the Contractor may be entitled to an extension for the time for
completion. Any extension must be approved in writing by the County.
Suspending Performance:
Should a Force Majeure event prevent the Contractor from completing deliverables or
performing commitments in this Contract, the completion or performance shall be
suspended only for the time and to the extent commercially practicable to restore normal
operations. Further, the Contractor and the County shall endeavor to continue to perform
their contractual obligations to the extent reasonably practicable and will work to adjust
deliverables or performance commitments as needed to continue the provision of services
during the Force Majeure event. Contractor may be reimbursed for any costs incurred
mitigating adverse impacts of the Force Majeure and may be compensated for any partial
work that has been completed.
MISCELLANEOUS PROVISIONS
Severability.
Whenever possible, each provision of this Contract shall be interpreted to be effective
and valid under applicable law. If any provision is found to be invalid, illegal or
unenforceable, then such provision or portion thereof shall be modified to the extent
necessary to render it legal, valid and enforceable and have the intent and economic
effect as close as possible to the invalid, illegal and unenforceable provision.
Remedies
Not Exclusive. No provision of this Contract precludes the County from pursuing any
other remedies for the Contractor’s failure to perform its obligations.
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 thereto.
This Contract shall be governed by and construed to the laws of the State of
Washington. Any claim or suit between the parties arising out of this Contract may only
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be filed and prosecuted in King County Superior Court of U.S. District for the Western
District of Washington, in Seattle.
AFFIRMATIVE MARKETING
Federal Marketing Requirements
Each Contractor must adopt affirmative marketing procedures and requirements for
projects containing five or more housing units funded with CDBG and/or HOME funds.
Affirmative marketing steps consist of actions to provide information and otherwise
attract eligible persons from all racial, ethnic, and gender groups in the housing market
area to the available housing. (The affirmative marketing procedures do not apply to
families with housing assistance provided by the Public Housing Authority or families with
tenant based rental assistance provided with HOME funds.) The County shall annually
assess the Contractor's affirmative marketing program to determine the success of
affirmative marketing actions and any necessary corrective actions.
The affirmative marketing requirements and procedures adopted must include:
Methods for informing the public, owners, and potential tenants about federal fair
housing laws and the use of the Equal Housing Opportunity logotype or slogan in
press releases and solicitations for owners, and written communication to fair
housing and other groups;
Requirements and practices the Contractor must adhere to in order to carry out the
participating jurisdiction's affirmative marketing procedures and requirement (e.g.,
use of commercial media, use of community contacts, use of the Equal Housing
Opportunity logotype or slogan, and display of fair housing poster);
Procedures to be used by the Contractor to inform and solicit applications from
persons in the housing market area who are not likely to apply for the housing
without special outreach (e.g., use of community organizations, language
interpreters, places of worship, employment centers, fair housing groups, or
housing counseling agencies);
Records must be kept describing actions taken by the Contractor to affirmatively
market units and records to assess the result of these actions; and
A description of how the Contractor shall assess the success of affirmative
marketing actions and what corrective actions will be taken where affirmative
marketing requirements are not met.
ACCESSIBILITY FOR CAPITAL PROJECTS
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to
this Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 USC
4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A
to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts 101-19 and
subpart 101-19.6 for general type building). When applicable, certain multi-family housing units
designed and constructed for first occupancy after March 13, 1991, with assistance provided
under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part
100 as amended.
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LABOR STANDARDS
Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C
below.
Davis-Bacon Requirements
For projects assisted with CDBG funds, this Subsection shall not apply to construction or
rehabilitation of residential property consisting of fewer than eight units. For projects
assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental
property consisting of fewer than twelve units.
All construction work funded in whole or in part under this Contract must be performed in
accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5)),
the Copeland "Anti-Kickback" Act, as amended (40 USC 276(c)) and the Contract Work
Hours and Safety Standards Act (40 USC 327 et seq.) as further prescribed at 29 CFR
Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis Bacon documentation
requirements and regularly submit required documentation to the County shall maintain
records sufficient to evidence compliance with this section and shall make such records
available for the County’s review upon request.
A copy of the current Davis-Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over $2,000, except where the project
includes a copy of applicable state prevailing wages that are higher than current Davis-
Bacon wages.
Agencies receiving an award of local funds (HOF, RAHP, HB 2331, Veterans and
Human Services Levy or MIDD funds) or federal funds that do not trigger Davis-Bacon
shall comply with Subsections B and C below:
Prevailing Wages
Projects that are not subject to Section A above, shall pay State residential prevailing
wage rates as a minimum. Projects that are subject to State prevailing wage
requirements of chapter 39.12 RCW shall pay prevailing wages at or above the
applicable State classification rate.
The Contractor shall provide annual certification to the County of its compliance with the
requirements of this section. The Contractor shall additionally maintain records sufficient
to evidence compliance with this section and shall make such records available for the
County’s review upon request.
Use of Volunteers
The Contractor shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this Contract.
EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
Section 3 Requirements
The work to be performed under this Contract may be subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
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1701u (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
Section 3 Criteria for Capital Projects
As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 135.38 apply to all
Project/Program Exhibits which meet all three of the following criteria:
The Project/Program Exhibit must include $200,000 or more in total HUD funds
from one or more program years;
The Project/Program Exhibit must include construction or rehabilitation work as a
task that will be funded in full or in part with the HUD funds; and
The construction or rehabilitation work that will be funded must have a contract
value, which exceeds $100,000. Actual contract value of construction or
rehabilitation work is the determining factor, not a cost estimate.
Additionally, Section 3 regulations are applicable to Project/Program Exhibit(s),
which do not initially meet the above criteria but which are amended so as to add
funds or change the activities for which the funds are used. Section 3 regulations
do not apply to projects that include $200,000 or more in HUD funds when the
funds are being used for acquisition and/or professional services only and not for
construction or rehabilitation work.
NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No Contractor, developer or sponsor (or officer, employee, agent or consultant of the owner,
developer or sponsor) whether private, for profit or nonprofit (including a Community Housing
Development Organization when acting as an owner, developer or sponsor) may occupy a
CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy, MIDD or CX-
assisted affordable housing unit in a project. This provision does not apply to an owner-
occupant of single family housing or to an employee or agent of the owner or developer of a
rental housing project who occupies a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and
Human Services Levy or CX-assisted unit as the project manager or maintenance worker.
SUPPLANTING
Any federal CDBG or Homeless Housing and Services (2163) Funds made available under
this Contract to provide public (human) services shall not be utilized by the Contractor to
reduce or replace the local financial support currently being provided to public (human) service
programs. Homeless Housing and Services funds cannot be used in the place of existing
housing operations or services funds.
DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS
Drug-Free Workplace Certification
The Contractor certifies that it is in compliance with the Drug-Free Workplace Act of 1988
(42 USC 701) and regulations set forth at 24 CFR part 24, subpart F.
Other Federal Requirements
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The absence of mention in this Contract of any other federal requirements that apply 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 relating to the
expenditure of federal funds, including but not limited to, the Hatch Act (5 USC. Chapter
15) regarding political activities.
CONSTITUTIONAL PROHIBITION
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.
Except where otherwise allowed by federal law, the following restrictions and limitations apply
to the use of CDBG and HOME funds:
A Contractor may not engage in inherently religious activities, such as worship, religious
instruction or proselytization, as part of the assistance funded under this Contract. If the
Contractor 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;
In performing under this Contract, the Contractor shall not discriminate against a
program beneficiary or prospective program beneficiary on the basis of religion or
religious belief; and
CDBG and HOME funds may be used to rehabilitate or construct facilities and housing
owned by primarily religious organizations only to the extent those structures are used
for conducting eligible activities consistent with 24 CFR § 570.200, 24 CFR § 92.257,
and 24 CFR § 576.23.
PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Contractor agrees that funding provided under this Contract for the acquisition,
construction, improvement and/or rehabilitation of real property (Premises) owned by the
Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly
execute a promissory note, deed of trust and covenant (if applicable), in a format approved by
the County, if required in a Project/Program Exhibit. The Contractor agrees that for real
property, which is leased by the Contractor and assisted under this Contract, the Contractor
shall obtain a covenant from the owner of the real property in a form approved by the County,
if required in any Project/Program Exhibit.
ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS
The Contractor shall at all times comply with all applicable federal, state, and local laws,
statutes, rules and regulations relating to relocation of those persons and households residing
at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for
the cost of all relocation benefits required by law.
Capital Projects using federal funds shall also comply with the following subsection.
Local Funds Only - Local Relocation Guidelines
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Projects that include or will include only local county funds (HOF-CX, Veterans and
Human Services Levy, RAHP, 2331, Mental Health, or HIPDD Developmental Disabilities
Funds) for the acquisition, demolition, and or rehabilitation of property that has existing
residential tenants who may be displaced shall provide relocation benefits to all
displaced households. Effective October 1, 2014, the benefit amount for each displaced
household will be $2,933 per household; provided that, if the Joint Recommendations
Committee (JRC) of the King County Consortium adjusts the benefit amount in
accordance with King County Consortium Supplemental Relocation Guidelines based on
changes in the consumer price index, the increased benefit amount shall apply. All
tenants selected for relocation shall be given formal notification regarding the need to
relocate with a minimum of 90 days’ notice of the date they must relocate, along with
information about why they were selected. Consideration of a longer notice period may
be required if the tenant demonstrates a special circumstance (for instance, health
reasons) which would be alleviated by extending the notice period. A list of all displaced
households, including name, unit number, household size, ethnicity, and monthly gross
income shall be provided to the King County Relocation Specialist along with
documentation of all the payments made to displaced tenants. All relocation costs shall
be included in the project development budget.
Federal Acquisition and Relocation Requirements:
Implementation of any project provided for in this Contract will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or
farms to the greatest extent feasible.
The Contractor shall comply with the following:
Any acquisition of real property by the Contractor for any activity assisted under this
Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24;
Any displacement of persons, businesses, nonprofit organizations, or farms
occurring as the result of acquisition of real property assisted under this Contract
shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part
24 as amended, and the County's Residential Anti-displacement and Relocation
Assistance Plan required by federal regulations at 24 CFR § 570.606(c), and
adopted by the County Council as part of the HCD Plan. The Contractor shall
comply with the Regulations pertaining to costs of relocation and written policies, as
specified by the King County Residential Anti-displacement and Relocation
Assistance Plan; and
When any lower-income dwelling units are demolished or converted to a use other
than a lower-income dwelling unit, in connection with an activity assisted under this
Contract with federal funds, the units must be replaced on a one-for-one basis.
Lower-income dwelling units are defined as a dwelling unit with a market rent
(including utility costs) that does not exceed the applicable Fair Market Rent for
existing housing as established by HUD and published annually, pursuant to 24
CFR Part 888. The Contractor must comply with the one-for-one replacement of
housing requirements of Section 104(d) of the HCD Act, as amended. The
implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24
CFR § 570.606.
PROPERTY MANAGEMENT FOR CAPITAL PROJECTS
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The Contractor shall engage in sound property and program management practices and at all
times operate and maintain the Premises in a manner which fully complies with all applicable
federal, state, and local laws, statutes, rules and regulations covering health and safety issues
in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter
amended. The Contractor specifically agrees to comply and pay all costs associated with
achieving such compliance without any notice of requirement or requirements from the
County, and that the County does not waive this section by giving notice of demand for
compliance in any instance.
The Contractor shall throughout the term of this Contract, without cost or expense to the
County, keep and maintain the Premises and all improvements, landscaping, fixtures and
equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition,
and shall, except for reasonable wear and tear, at all times preserve the Premises in good and
safe repair.
If, after 30 days’ notice from the County, the Contractor fails to maintain or repair any part of
the Premises or any improvement, landscaping, fixtures or equipment thereon, the County
may, but shall not be obligated to, enter upon Premises and perform such maintenance or
repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a
written demand.
TAXES AND LICENSES
The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all
licenses and excise fees covering the ownership and operations of the Premises.
PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL
PROJECTS
In the event that all or any portion of the Premises is taken or conveyed as a result of any
condemnation proceeding or damaged as a result of any casualty, the County and the
Contractor agree that the proceeds of any condemnation or casualty affecting the
Premises shall be made available for the repair or restoration of the real property if the
County and the Contractor in their reasonable judgment agree that:
Repair or restoration of the real property is feasible and that sufficient funds are
available to complete such work;
After the completion of work, the real property can be feasibly operated within the
restrictions and requirements of the Project/Program Exhibit; and
More than two years remain after the completion of the work until the end of this
Contract.
The County and the Contractor shall meet as necessary to discuss in good faith the
rebuilding or repair of the real property and reach a decision with respect thereto within
60 days after the occurrence of the casualty or condemnation. If the parties cannot in
good faith agree to repair or restore the real property as provided above, then any
proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first
to satisfy the County’s lien. The balance of the proceeds shall be paid to the Contractor.
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IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on
the date above written.
KING COUNTY:
FOR
CONTRACTOR:
King County Executive
Signature
Date Name (Please type or print)
Date
APPROVED AS TO FORM
CLERK OF CITY OF TUKWILA:
Signature
Name (Please type or print)
APPROVED AS TO FORM
CITY OF TUKWILA ATTORNEY:
Signature
Name (Please type or print)
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EXHIBIT I
CITY OF TUKWILA
TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM (C20623)
Contract No.: 6202035 Project No.: C20623 - 1127781
King County Project Manager: Lynn Scherer Agency Contact Person: Stacy Hansen
Start Date: January 1, 2021 Telephone: 206-433-7180
End Date: December 31, 2021 Email: stacy.hansen@tukwilawa.gov
I. 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 January 1, 2021, and completing these services by December 31,
2021. 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
$100,000 in King County Community Development Block Grant (CDBG) funds. $4,000 of this
Exhibit shall be retained by the County for program delivery costs.
II. PROGRAM DESCRIPTION
The preservation of the housing of low- to moderate-income homeowners 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.
B. Eligibility
1. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2020 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.
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2020 HUD INCOME GUIDELINES
Median Family Income = $113,300 for family of 4
Effective June 17, 2020
30% MEDIAN 50% MEDIAN 80% MEDIAN
FAMILY VERY LOW- MODERATE-
SIZE LOW INCOME INCOME INCOME
1 $25,100 $41,800 $66,700
2 $28,650 $47,800 $76,200
3 $32,250 $53,750 $85,750
4 $35,800 $59,700 $95,250
5 $38,700 $64,500 $102,900
6 $41,550 $69,300 $110,500
7 $44,400 $74,050 $118,150
8 $47,300 $78,850 $125,750
2. The definition of family shall include all persons living in the same household
who are related by birth, marriage or adoption and includes dependent children
living away from home. The definition of income includes all sources of income
required to be reported on Internal Revenue Service Form 1040.
3. Income guidelines may be adjusted periodically by HUD. The 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 or
by hard copy.
4. Services provided with funding under this Exhibit may be limited to residents of
Covington, Des Moines, SeaTac, and Tukwila.
5. Services shall be provided on a first come, first served basis with safety and
health issues prioritized.
6. Eligible clients must have lived in their home for at least one year.
C. Definitions
1. Disabled person is an adult who has severe disabilities based on the Bureau of
the Census definition.
2. Elderly person is an individual who is 62 years or older.
3. Emergency repair includes activities that protect, repair or arrest the effects of
disasters, imminent threats or physical deterioration that pose an imminent
danger to life, health or safety.
4. Routine maintenance includes activities that merely keep a structure in good
operating condition; such activities do not add to the value of the structure,
appreciably prolong its useful life, or adapt it to new uses.
5. Unit of service is a minor home repair, measured by unique job or repair hours
that is undertaken in a client's home.
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D. Program Requirements
1. The Contractor shall use CDBG funds to provide minor home repair services for
low- and moderate-income homeowners in the cities of Covington, Des Moines,
SeaTac, and Tukwila. Funds shall be focused on maintaining the safety and
health of the occupants, preserving the dwelling and/or conserving energy.
These activities may include, but are not limited to: earthquake preparedness,
replacing broken switches, sockets, light fixtures, repairing heat sources,
repairing gutters and downspouts, replacing or repairing faucets, toilets, sinks,
drains, broken or leaky pipes and repairing minor roof leaks.
2. The Contractor agrees to serve 54 Low/Moderate Income Households
3. Public Information
All marketing materials, news releases and other public notices related to
projects funded under this Agreement shall include information identifying the
source of funds as the King County Community Development Block Grant
Program.
III. 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 $100,000. King County shall retain $4,000 for program delivery costs.
1. CDBG Funds
King County CDBG Funds -South Sub-Region $ 104,000
B-18-UC-53-0001 CDBG Funds: $40,961.54
B-19-UC-53-0001 CDBG Funds: $63,038.46
2. Line Item Budget
Capital Outlay (Construction Contracts) $100,000
King County Program Delivery Costs $4,000
Total CDBG Funds: $104,000
B. Billing Invoice Package
1. The Contractor shall submit a Billing Invoice Package every three months that
consists of an invoice statement and other reporting requirements as stated in
Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved
by the County. All required reports shall accompany the invoice statement in
order to receive payment.
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 by an authorized representative of the Contractor and shall be
accompanied by copies of supporting documents.
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3. The Billing Invoice Package is due within 20 working days after the end of the
three month term.
4. The final invoice and reports shall be submitted no later than January 13, 2022.
C. Method of Payment
1. The County shall reimburse the Contractor on a 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 in which the
Contractor has not submitted the reports specified in Section IV., REPORTING
REQUIREMENTS, of this Exhibit, or in which said reports are incomplete.
4. The Contractor shall advise the County quarterly of any changes in revenues
from sources other than the County that are used to provide the services
funded under this Exhibit. The Contractor agrees to re-negotiate performance
requirements if the County determines that such changes are substantial.
IV. REPORTING REQUIREMENTS
The Contractor shall submit electronically the following data reports in a format and to an
address provided by the County.
A. The Contractor shall maintain completed Environmental Review Forms from the King
County Environmental Review Specialist, 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 Quarterly Project Activity Report Form,
in a format provided by the County. Report shall include a narrative with an explanation
if actual services are less than 90 percent of the cumulative minimum service
requirements as stated in Section II. D.2. of this Exhibit.
C. The Contractor shall use the following methods to measure the indicator specified in
Section II.D.2. of this Exhibit: Number of unduplicated households served.
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.
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Attachment A
Federal Award Identification (reference 2 CFR 200.331)
(i) Agency name (which must match the
name associated with its unique entity
identifier);
City of Tukwila
(ii) Agency’s unique entity identifier; 010207504
(iii) Federal Award Identification Number; B-18-UC-53000-1/ B-19-UC-53000-1
(iv) Federal Award Date; 9/3/2020 - 6/24/2020
(v) Agency Period of Performance Start and
End Date;
1/1/2020– 12/31/2020
(vi) Amount of Federal Funds Obligated to
the agency by this action;
$100,000
(vii) Total Amount of Federal Funds Obligated
to the agency;
$100,000
(viii) Total Amount of the Federal Award; $5,684,037
(ix) Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency Act
(FFATA)
2020 Tukwila Minor Home Repair
(x) Name of Federal awarding agency, pass-
through entity, and contact information for
awarding official
HUD
Seattle Regional Office
909 1st Ave #200
Seattle, WA 98104
(xi) CFDA Number and Name; the pass-
through entity must identify the dollar amount
made available under each Federal award
and the CFDA number at time of
disbursement;
CDBG, CFDA 14.218
(xii) Identification of whether the award is
R&D; and
No
(xiii) Indirect cost rate for the Federal award
(including if the de minimus rate is charged
per § 200.414 Indirect (F&A) costs).
N/A
Is the agency a subrecipient for the purposes
of this agreement?
Yes
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