HomeMy WebLinkAboutCSS 2023-11-27 COMPLETE AGENDA PACKETCity of Tukwila
Community Services
and Safety Committee
O Mohamed Abdi, Chair
O Thomas McLeod
Tosh Sharp
AGENDA
Distribution:
M. Abdi
T. McLeod
T. Sharp
C. Delostrinos Johnson
K. Hougardy
Mayor Ekberg
D. Cline
C. O'Flaherty
A. Youn
L. Humphrey
MONDAY, NOVEMBER 27, 2023 — 5:30 PM
THIS MEETING WILL BE CONDUCTED BOTH ON -SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
ON -SITE PRESENCE WILL BE IN THE HAZELNUT CONFERENCE ROOM
(6200 SOUTHCENTER BOULEVARD)
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 944274640#
Click here to: Join Microsoft Teams Meeting
For Technical Support during the meeting call: 1-206-433-7155.
Item
Recommended Action
Page
1. BUSINESS AGENDA
a. A grant agreement with the Washington State Office
a. Forward to 12/4 Regular
Pg.1
of Public Defense (WSOPD) for the 2024-2025 Public
Meeting Consent Agenda.
Defense Program.
David Cline, City Administrator
b. An ordinance establishing Tukwila Municipal Code
b. Forward to 12/4 Regular
Pg.19
(TMC) Section 9.28.038, "Avoiding an Intersection."
Meeting.
Eric Dreyer, Police Chief
c. A contract for Police Department Evidence Room
c. Forward to 12/4 Regular
Pg.23
temperature control for biological evidence
preservation.
Meeting Consent Agenda.
Rebecca Hlxson, Senior Manager, Police Support Operations
d. A grant acceptance from King County for the Best
d. Forward to 12/4 Regular
Pg.41
Starts for Kids Capital Grant.
Meeting.
David Rosen, Parks & Recreation Fiscal Analyst
2. MISCELLANEOUS
Next Scheduled Meeting: December 11, 2023
46. The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCitvClerk(alTukwilaWA.gov) for assistance.
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
T0: COMMUNITY SERVICES AND SAFETY COMMITTEE
CC: Mayor Ekberg
David Cline, City Administrator
FROM: Cheryl Thompson, Executive Assistant
DATE: November2, 2023
SUBJECT: Office of Public Defense 2024-2025 Grant Agreement
ISSUE
The Washington State Office of Public Defense (WSOPD) has awarded the City of Tukwila grant
funds in the amount of $75,000 for the Public Defense Program: $37,500 for 2024 and $37,500 for
2025. Council needs to approve execution of the grant agreement since the award exceeds the
$40,000 threshold.
BACKGROUND
The City of Tukwila has applied for and received grant awards from the WSOPD since 2013. The
grant awards for 2013 - 2017 were for one year and ranged from $22,000 - $25,600. Effective 2018
WSOPD transitioned to a two-year grant application and award process and the City has received
awards for $85,000 for 2018-2019, $80,000 for 2020-2021 and $75,000 for 2022-2023.
DISCUSSION
On November 1, 2023 the City received notification that WSOPD has awarded the City $75,000 in
grant funds for 2024-2025: $37,500 for each year. WSOPD has stipulated that the grant funds be
used for the following: Increased compensation for public defense service providers;
Reimbursement of training costs for public defense service providers; Investigator and/or expert
services; Social worker services to assist public defense attorneys; and Interpreter services for
attorney -client interviews and communications. The attached Grant Agreement must be signed
and returned to WSOPD by December 29, 2023 to accept the award and receive the funds. The City
agrees to utilize the grant funds as stipulated by WSOPD and to submit four written reports to
WSOPD as outlined in the agreement.
Past grant awards from WSOPD have allowed the City to translate our public defense forms into six
different languages; to provide interpreter resources to public defense attorneys for attorney -client
appointments; to contract with a private investigator for public defense cases; to contract with a
social services case manager to assist public defense clients in obtaining social service; to
reimburse public defense attorneys for training costs for participating in trainings approved by
WSOPD and to increase compensation to public defense service providers to cover additional
1
INFORMATIONAL MEMO
Page 2
services implemented due to the transition to virtual court hearings. These grant funds will allow
the City to continue providing these services in 2024-2025.
RECOMMENDATION
The Committee is being asked to send this item to the consent agenda at the December4, 2023
Special meeting.
ATTACHMENTS
2024-2025 Grant Agreement
2
Grant Agreement No. GRT24046
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
2. Grantee Representative
Cheryl Thompson
Executive Coordinator
6200 Southcenter Blvd
Tukwila, WA 98188
3. Office of Public Defense (OPD)
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
4. OPD Representative
Geoffrey D. Hulsey
Managing Attorney
Office of Public Defense
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
5. Grant Amount
$75,000.00
6. Grant Period
January 1, 2024 through December 31, 2025
7. Grant Purpose
The Chapter 10.101 RCW city grants are competitive
public defense services in Washington municipalities.
grants for the purpose of improving the quality of
(See Chapter 10.101 RCW.)
The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of
this Grant Agreement and attachments and have executed this Grant Agreement on the date below to
start January 1, 2024 and end December 31, 2025. The rights and obligations of both parties to this
Grant are governed by this Grant Agreement and the following other documents incorporated by
reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of
City Grant Agreement, and Exhibits A, B, C, and D.
FOR THE GRANTEE
FOR OPD
Allan Ekberg, Mayor
Geoffrey D. Hulsey, Managing Attorney
Public Defense Improvement Program, OPD
Date
Date
Grant Agreement GRT24046
Face Sheet
Page 1 of 16
3
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications regarding the performance of this Grant.
a. The Representative for OPD and their contact information are identified on the Face Sheet of
this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face
Sheet of this Grant.
2. GRANT AWARD AMOUNT
The Grantee is awarded seventy-five thousand dollars and 00/100 Dollars ($75,000.00) to be used
for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall
be disbursed to Grantee in January 2024 for intended use during calendar year 2024. The remaining
one-half shall be disbursed to Grantee in January 2025 for intended use during calendar year 2025.
The disbursement of any grant funds is subject to the availability of funding appropriated to OPD by
the Washington State Legislature.
3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy County/City Use of State Public
Defense Funding)
a. Grant funds cannot be used to supplant local funds that were being spent on public defense
prior to the initial disbursement of state grant funds.
b. Grant funds cannot be spent on purely city or court administrative functions or billing costs.
c. Grant funds cannot be used for cost allocation.
d. Grants funds cannot be used for indigency screening costs.
e. Grant funds cannot be used for city or court technology systems or administrative equipment.
f. Grant funds cannot be used for city attorney time, including advice on public defense
contracting.
4. USE OF GRANT FUNDS
a. Grantee agrees to use the grant funds for the following:
i. Increased compensation for public defense service providers;
ii. Reimbursement of training costs for public defense service providers;
iii. Investigator and/or expert services;
iv. Social worker services to assist public defense attorneys;
v. Interpreter services for attorney -client interviews and communications.
b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose
other than those listed in Section 4a above. Permission issued by electronic mail shall be
sufficient for purposes of identifying other uses of grant funds not listed in section a.
c. Grantee understands that the first disbursement of funds will be in calendar year 2024, and
the second disbursement of funds will be in calendar year 2025. Grantee agrees that all
disbursed funds will be used by the end of calendar year 2025. If Grantee is unable to use the
funds by the end of calendar year 2025, the Grantee agrees to notify OPD to determine what
action needs to be taken.
Grant Agreement GRT24046
Special Terms and Conditions Page 2 of 16
4
d. Grantee agrees to deposit the grant check within fourteen days of receipt.
5. OVERSIGHT
a. Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD
no later than June 1, 2024 using the template found in Exhibit A. The second report shall be
submitted to OPD no later than December 1, 2024 using the template found in Exhibit B. The
third report shall be submitted to OPD no later than June 1, 2025 using the template found in
Exhibit C. The final report shall be submitted to OPD no later than December 1, 2025 using the
template found in Exhibit D. Reports must be submitted along with the Grantee City's public
defense attorneys' contracts, certifications of compliance, and other required documentation.
b. Over the duration of the grant term, OPD may conduct site visits for purposes of addressing
improvements to public defense and ensuring the use of grant funds for their specified
purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting
appropriate attendees such as, but not limited to: public defense attorneys, judicial officers,
and city representatives.
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes, regulations, and court rules
• Special Terms and Conditions of the City Grant
• General Terms and Conditions of the City Grant
Grant Agreement GRT24046
Special Terms and Conditions Page 3 of 16
5
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT
1. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendment shall not be
binding unless it is in writing and signed by personnel authorized to bind each of the parties.
3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the
"ADA" 29 CFR Part 35.
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
4. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
6. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the State of Washington, it is
considered modified to conform to that statute or rule of law.
7. ETHICS/CONFLICTS OF INTEREST
In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service,
Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or
conflicts of interest.
8. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the State of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
9. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
State of Washington, OPD, all other agencies of the State and all officers, agents and employees of the
State, from and against all claims or damages for injuries to persons or property or death arising out of
or incident to the performance or failure to perform the Grant.
10. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies
of local and state and federal governments, as now or hereafter amended.
Grant Agreement GRT24046
General Terms and Conditions Page 4 of 16
6
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part.
12. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to
compensate OPD for the noncompliance in addition to any other remedies available at law or in
equity.
13. RECORDS MAINTENANCE
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant
period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have been
finally resolved.
14. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be
subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor,
and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Grant. The Grantee shall provide access to its facilities for this
purpose.
15. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be
severable.
16. SUBJECT TO THE AVAILABILITY OF FUNDS
Any full or partial allocation of funds under this Grant is subject to the appropriation of funds by the
Washington Legislature to OPD.
17. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated
to be such in writing.
Grant Agreement GRT24046
General Terms and Conditions Page 5 of 16
7
Exhibit A
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #1
All City grant recipients are required to submit a completed copy of this report, along with corresponding
documentation, to the Washington State Office of Public Defense by June 1, 2024.
City:
Date Completed:
Contact Name:
Title:
Mailing Address:
Phone:
Email Address:
Section I: Public Defense Expenditures/Budget
1.1 In 2023, the city paid indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
Grant Funds
Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
Grant Agreement GRT24046
Exhibit A — Grant Report #1 — Due June 1, 2024
Page 6 of 16
8
1.2 For 2024, the city has budgeted indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
Grant Funds
Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
1.3 What amount of the 2024 RCW 10.101 grant funds has been spent to
date?
$
Section II: Case Assignments
2.1 Provide the following data for the total number of public defense cases assignments in 2023:
Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or
non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys.
a. Cities using public defender agencies.
Number of cases assigned to public defender agency (not
including conflict counsel):
Number of probation violations and other miscellaneous
post sentencing hearings assigned:
Number of full -time -equivalent public defenders:
Average per -attorney caseload, if available:
b. Cities using list appointments or contracts with private firms.
Number of cases assigned to public defense attorneys:
Number of probation violations and other miscellaneous post
sentencing hearings assigned:
Number of attorneys with public defense contracts or on
court's appointment list:
Grant Agreement GRT24046
Exhibit A — Grant Report #1 — Due June 1, 2024 Page 7 of 16
9
Section III: Grant Funds
3.1 Permissible Use(s) of Grant
Funds (See Section 4 of
Grant Agreement Special
Terms and Conditions):
3.2 Description of How Grant
Funds Have Been Used to
Date:
3.3 Plans for Utilizing Remaining
Funds by End of Calendar
Year (If Applicable):
3.4 Description of Impact State
Funds Have Had on Local
Public Defense Services:
Section IV: Attachments and Tables
4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table 1J, and attach a
copy of each current contract in alphabetical order by attorney name. Failure to provide current contracts
could result in an incomplete report.
4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the
compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table 11).
4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year, please
attach them to this report.
4.4 Provide copies of attorneys' 2024 second quarter Certificates of Compliance.
Grant Agreement GRT24046
Exhibit A— Grant Report #1 — Due June 1, 2024 Page 8 of 16
10
Table I: Public Defense Contracts and Subcontracts Currently in Effect (2024)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Number of misdemeanor/
gross misdemeanor cases
anticipated for the
attorney/firm in 2024
Method and rate of
payment (per
case/per hour, etc.)
Conflict cases
only?
Yes/No
Grant Agreement GRT24046
Exhibit A — Grant Report #1— Due June 1, 2024
Page 9 of 16
11
Table II: List -Appointed Public Defense Attorneys (2024)
Name of attorney/firm
(If firm, please identify (1) the total number
of attorney FTEs handling public defense
cases, and (2) the name of each attorney
handling public defense cases)
Method and rate of payment (per
case/per hour, etc.)
Number of cases assigned
Grant Agreement GRT24046
Exhibit A — Grant Report #1— Due June 1, 2024
Page 10 of 16
12
Exhibit B
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #2
All City grant recipients are required to submit a completed copy of this report to the
Washington State Office of Public Defense by December 1, 2024.
Failure to timely submit this report could delay disbursement of 2025 grant funds.
City:
Report Date:
Contact —
Name/Title:
Email:
Phone:
Address:
1. As of the date of this report, the city has paid indigent defense expenses as follows in 2024:
City Funds
Chapter 10.101 RCW
State Grant Funds
Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
Will all 2024 grant funds be expended by
the end of the calendar year?
Grant Agreement GRT24046
Exhibit 6 — Grant Report #2 — Due Dec. 1, 2024
Yes
No
Unsure
Page 11 of 16
13
2.
Permissible
Use(s) of Grant
Funds (See
Section 4 of
Grant Agreement
Special Terms
and Conditions):
3.
Description of
How Grant Funds
Have Been Used
in 2024:
4.
Plans for 2025
Grant Funds:
5.
Description of
Impact State
Funds Have Had
on Local Public
Defense Services
Grant Agreement GRT24046
Exhibit B — Grant Report #2 — Due Dec. 1, 2024
Page 12 of 16
14
Exhibit C
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #3
All City grant recipients are required to submit a completed copy of this report, along with
all public defense attorneys' 2025 quarterly Certificates of Compliance to the Washington
State Office of Public Defense by June 1, 2025.
City:
Report Date:
Contact — Name/Title:
Email:
Phone:
Address:
1. For 2025, the city has budgeted indigent defense expenses as follows:
City Funds
Chapter 10.101 RCW State
Grant Funds
Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
2. What amount of the 2025 state grant funds has been spent to date?
Grant Agreement GRT24046
Exhibit C — Grant Report #3 — Due June 1, 2025
$
Page 13 of 16
15
3.
Permissible Use(s)
of Grant Funds (See
Section 4 of Grant
Agreement Special
Terms and
Conditions)
4.
Description of How
Grant Funds Have
Been Used to Date:
5.
Plans for Utilizing
Remaining Funds
by End of Calendar
Year (If Applicable)
6.
Description of
Impact State Funds
Have Had on Local
Public Defense
Services
Grant Agreement GRT24046
Exhibit C — Grant Report #3 — Due June 1, 2025
Page 14 of 16
16
Exhibit D
Washington State Office of Public Defense
Public Defense Improvement Program
City Grant Report #4
All City grant recipients are required to submit a completed copy of this report to the
Washington State Office of Public Defense by December 1, 2025.
City:
Report Date:
Contact —
Name/Title:
Email:
Phone:
Address:
1. As of the date of this report, the city has paid indigent defense expenses as follows in 2025:
City Funds
Chapter 10.101 RCW
State Grant Funds
Other Funds
Attorney salaries and
benefits, contract and
conflict attorney
compensation
$
$
$
Investigators, experts,
interpreters, social
workers, and other
professional services
$
$
$
Other public defense
expenses
$
$
$
Total
$
$
$
Will all 2025 grant funds be expended by
the end of the calendar year?
Yes
No
Unsure
Grant Agreement GRT24046
Exhibit D — Grant Report #4 — Due December 1, 2025
Page 15 of 16
17
2.
Permissible
Use(s) of Grant
Funds (See
Section 4 of
Grant Agreement
Special Terms
and Conditions):
3.
Description of
How Grant Funds
Have Been Used
in 2025:
4.
Description of
Impact State
Funds Have Had
on Local Public
Defense Services
Grant Agreement GRT24046
Exhibit D — Grant Report #4 — Due December 1, 2025 Page 16 of 16
18
TO:
FROM:
BY:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Community Services & Safety Committee
Chief Eric Dreyer
Sgt. Bill Devlin
CC: Mayor Ekberg
DATE: 11/13/2023
SUBJECT: Avoidance of Intersection Ordinance
ISSUE
Increase public safety on the city roadways through enforcement and education with a new
ordinance. The ordinance would address drivers that avoid signaled intersections by cutting
through public and private parking lots or drives.
BACKGROUND
It was brought to the police department's attention via complaints from citizens, and police on -
viewing vehicles who were cutting through private and public lots to avoid backups at signaled
intersections. These areas just to name a few include Foster High School public parking lot to
avoid the signals at the intersection of S. 144th Street and 42nd Ave S. This area is a crosswalk
for the students and faculty to ingress and egress through the main front doors of the school,
and typically has a large amount of pedestrian traffic. These activities have also been viewed at
multiple other locations throughout the city to include 10800 block of East Marginal Way S. with
the intersection of Boeing Access and Tukwila International Blvd. In this location vehicles have
been seen cutting through several different parking lots and businesses to avoid the signals, as
this is a very large and busy intersection. These activities are frequently observed at the
Chevron AMPM lot located at 15252 Tukwila International Blvd. Vehicles traveling westbound
on Southcenter Blvd, will cut through this lot, to avoid the signals at Southcenter Blvd and
Tukwila International Blvd. Westbound vehicles on Southcenter Blvd are also seen cutting
through the north lot of the light rail station behind the above mentioned AMPM to avoid the
signals at S.154th Street and Tukwila International Blvd.
ANALYSIS
The proposed new ordinance will help decrease the likelihood of injuries and/or property
damage by providing Tukwila police with a new tool to educate and enforce drivers cutting
through private or public property to avoid a signaled intersection. The police, prosecutor, and
city attorney support this ordinance, and have reviewed it for presentation to Council.
FINANCIAL IMPACT
None.
RECOMMENDATION
The Committee is being asked to forward this item to the 12/04/2023 Regular City Council
Meeting.
ATTACHMENTS
Avoidance of Intersection ordinance.
19
20
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING TUKWILA MUNICIPAL
CODE (TMC) SECTION 9.28.038, "AVOIDING
AN INTERSECTION"; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to improve traffic safety and pedestrian safety
throughout the City; and
WHEREAS, motorists avoiding intersections disrupts the orderly flow of traffic and
increases the likelihood of vehicle and/or pedestrian collisions; and
WHEREAS, the City Council desires to establish regulations, as set forth herein, to
prohibit avoidance of an intersection;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for this ordinance.
Section 2. Regulations Established. Tukwila Municipal Code (TMC) Section
9.28.038 is hereby established to read as follows:
9.28.038 Avoiding an Intersection
It is unlawful for any person operating a motor vehicle on the roadways of the City,
upon approaching or leaving an intersection, to proceed across any public or private
property in such a way as to avoid the intersection or any traffic control device controlling
the intersection, unless so directed by lawful authority.
CC:\Legislative Development\Intersection Avoidance 11-1-23
B. Devlin A. Youn
Page 1 of 2
21
Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of scrivener's errors;
references to other local, state, or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney
Ordinance Number:
CC:\Legislative Development\Intersection Avoidance 11-1-23
B. Devlin A. Youn
22
Page 2 of 2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety Committee
FROM: Eric Dreyer, Chief of Police
BY: Rebecca Hixson, Police Support Operations Senior Manager
CC: Mayor Ekberg
DATE: November 27, 2023
SUBJECT: PD Evidence Temperature Control for Biological Evidence Preservation
ISSUE
The cooling system installed in the Tukwila Justice Center Police Department Evidence Room
does not provide a temperature -controlled environment for the preservation of biological
evidence.
BACKGROUND
International Association of Property and Evidence Standards, Washington Association of
Sheriffs and Police Chiefs Accreditation Standards and National Institute of Standards and
Technology, US Department of Commerce, Biological Evidence Preservation Handbook Best
Practices for Evidence Handlers require biological evidence to be preserved at a temperature
between 60 to 75 degrees, with relative humidity that does not exceed 60%.
The cooling system installed in the Tukwila Justice Center Police Department Evidence Room
cools the area to 10 degrees less than the outside air. When the outside air is higher than 85
degrees, the evidence room temperature is out of compliance. In addition, there are no humidity
controls in place.
RCW 5.70 requires DNA work product (which includes biological evidence) for violent or sex
offenses be stored for 99 years. A complete HVAC system is needed to maintain the Evidence
Room temperature and humidity at the required levels.
DISCUSSION
If possible, the Police Department would like to complete the work by the end of 2023 but may
need to work into January 2024.
FINANCIAL IMPACT
Three quotes were gathered. The lowest bid was from Auburn Mechanical $48,629.00 plus tax.
Approval for a 10 percent contingency is requested as additional equipment may be needed to
connect the existing HVAC system and the new Evidence system. PD budget saving from not
being fully staffed all year will be reallocated for this work.
RECOMMENDATION
The Council is being asked to approve the contract and consider this item at the December 4,
2023 Regular meeting as a consent agenda item.
ATTACHMENTS
Auburn Mechanical Contract — draft
Bids
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Contractor/
Vendor Name:
Address:
Telephone:
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Auburn Mechanical
2623 W. Valley Hwy N
Auburn, WA 98001
253-838-9780
CITY OF TUKWILA
Short Form Contract
Contract Number:
Project No.
Budget Item:
Project Name:
PD010500-564000
Evidence HVAC
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila, City Clerk's Office, 6200 Southcenter Boulevard, Tukwila, Washington 98188.
Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this 5 day of December 2023, by and between the City of Tukwila,
hereinafter referred to as "City", and Auburn Mechanical, hereinafter referred to as "Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor
shall perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply with
all Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request
and obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. TIME OF COMPLETION. The work shall be commenced on December 1. 2023 and be completed
no later than January 31, 2024.
3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $48,629.00 plus tax, except by
written agreement of the parties.
4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within
the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
5. PAYMENTS. The City shall make payments on account of the contract at completion of the project.
6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the
work, provided the contract is fully performed and accepted.
7. CONTRACT DOCUMENTS.
• The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor, materials, appliances and services of every
kind necessary for the proper execution of work, and the terms and conditions of payment
therefore.
CA revised May 2020
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25
• The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
• The Contractor agrees to verify all measurements set forth in the above documents and to report
all differences in measurements before commencing to perform any work hereunder.
8. MATERIALS, APPLIANCES AND EMPLOYEES.
Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools,
water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship and materials shall
be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise
specified. Permits and licenses necessary for the execution of the work shall be secured and paid for
by the Contractor. Easements for permanent structures or permanent changes in existing facilities
shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with
all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the
drawings and specifications are at variance therewith.
10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect
the work, adjacent property and the public and shall be responsible for any damage or injury due to
any act or neglect.
11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City
and its agents and public authorities at all times.
12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted
accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra
cost must be made in writing before executing the work involved.
13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to the
requirements of the contract and that appears during the progress of the work, and shall remedy any
defects due to faulty materials or workmanship which appear within a period of one year from date of
completion of the contract and final acceptance of the work by the City unless the manufacturer of the
equipment or materials has a warranty for a longer period of time, which warranties shall be assigned
by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to
work done by direct employees of the Contractor.
14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work
properly, or fail to perform any provision of the contract, the City, after seven days' written notice to
the contractor, and his surety, if any, may without prejudice to any other remedy the City may have,
make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due
the Contract or, at the City's option, may terminate the contract and take possession of all materials,
tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the
contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor,
but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City.
15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may
be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others
not adjusted, or failure to make payments properly to the subcontractors.
16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits
as required herein shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
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26
Page 2
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent contractors,
products -completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09
or an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
collapse or underground property damage. The City shall be named as an additional insured
under the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this
Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of
liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
CA revised May 2020
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business -days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a
performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu
of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the
contract amount as retainage for a period of 30 days after final acceptance or until receipt of all
necessary releases from the Department of Revenue and the Department of Labor and Industries
and settlement of any liens, whichever is later.
18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete
release of all liens arising out of this contract or receipts in full covering all labor and materials for
which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien.
19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the
work and the Contractor shall properly cooperate with any such other contracts.
20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall
be entitled to recover its reasonable attorney fees and costs.
21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material
and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements
and surplus materials and leave the premises clean.
22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing
wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with
RCW 39.12.040.
24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
25. ENTIRE AGREEMENT; MODIFICATION. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No amendment or modification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
27. NOTICES. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
CA revised May 2020 Page 4
28
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
28. APPLICABLE LAW; VENUE; ATTORNEY'S FEES. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
DATED this day of , 20 .
** City signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA CONTRACTOR:
By:
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Printed Name:Kevin Hayes
Title: Service Sales Manager
Address: 2623 W. Valley Hwy N, Auburn, WA
98001
CA revised May 2020
Page 5
29
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Auburn
/Mechanical
When performance county
July 28, 2023
City of Tukwila
Tukwila, WA
RE: City of Tukwila Justice Center - Evidence Room Cooling
Auburn Mechanical is pleased to provide this proposal to add 24k BTUH's of cooling to the
Evidence room. The existing FCU appears to be inadequate to maintain acceptable temperatures
in the space. This proposed project includes the installation of (1) new condensing unit and (2)
4-way cassettes in the ceiling of the Evidence room to provide supplemental heating and cooling
to the space. Please see the scope below:
Evidence Room HVAC Addition
• Provide and install (1) 24k BTUH Mitsubishi Condensing Unit
• Provide and install (2) 12k BTUH 4-way Ceiling Cassettes
• Roofing as required for refrigeration piping penetration and sleepers
• Refrigeration piping between indoor and outdoor units
• Condensate drains to existing condensate drain system from ERV's in space
• Connect to existing Mitsubishi controls system
• Engineering as required for permit
• Permits and inspections
• Start and test operation
Proposed amount - $29,148.00 + tax
Electrical Wiring
• Provide (1) 20a circuit from panel RLMA1 (208V) for condensing unit on roof (assumes
sufficient space in panel)
• Provide 18/4 wiring in conduit to (2) indoor AHU's
• Provide and install (1) disconnect at the rooftop location of the mechanical unit
Proposed amount -
Total Project amount -
Exclusions
$19,481.00 + tax
$48,629.00 + tax
• Washington State Sales Tax
• Structural Engineering or upgrades
• Sheetrock patch, paint or repair
• Life safety system integration
• Off -hours work; labor is calculated based upon access to schedule work between 6:00 AM
and 4:00 PM, Monday - Friday.
• Additional troubleshooting or repairs
• Anything not listed or mentioned above.
Auburn Mechanical 1 PO Box 249 Auburn, WA 98071 1 PH: 253-838-9780 1 http://www.auburnmechanical.com
31
Thank you for considering Auburn Mechanical, Inc. for your project. Please sign and return this
quote to me as your authorization to proceed. You can email it back to me at
kevinhayes@auburnmechanical.com. This quote will be subject to review and subsequent revisions
after 30 days.
AUBURN MECHANICAL, INC.
Thank you,
Kevin Hayes
Service Account Manager
ACCEPTANCE OF PROPOSAL
By signature below, the proposal, scope of work and pricing outlined above by Auburn
Mechanical, Inc. (the "agreement") is accepted by (name of entity
or individual) ("Buyer"). The person executing this acceptance warrants that he/she has the
authority to bind Buyer to the terms and conditions of the agreement.
Buyer is free to alter the scope of the work included in the agreement. However, Buyer
acknowledges that any work added to the scope outlined above is subject to all provisions of the
proposal and this acceptance, and may result in increases to any pricing included in the agreement.
Auburn Mechanical reserves the right to have the Buyer execute an additional or supplementary
agreement specifically authorizing additional work and acknowledging that such work will be paid
for by Buyer.
Buyer agrees to make payment in full for all amounts due under this proposal no more than
(30) days following completion of the work, together with any taxes due for such work. Buyer
agrees that interest on past due balances in the statutory amount of twelve percent (12%) per
annum shall be added to payments more than fifteen (15) calendar days overdue.
In the event any action is required to enforce the terms of the agreement or to collect
amounts justly due and owing under it, the prevailing party shall be entitled to recover its
attorney's fees, costs and interest. The Buyer specifically agrees that the venue of any action to
enforce this agreement shall be King County, Washington.
AGREED: By
Title:
Date:
32
)Hermanson
October 27, 2023
Hermanson Company LLP
1221 2nd Avenue North
Kent, WA 98032
Tel 206-575-9700
fax 206-575-9800
ATTENTION: Henry Ancira
PROJECT NAME: Tukwila Justice Center Evidence Room
JOB NUMBER: 14-XX- 25175
SITE ADDRESS: 15005 Tukwila International Blvd
Tukwila, WA 98168
206-571-6294
PHONE:
PRICING
The pricing below is firm for a 30-day period from the date of this proposal. Please call if you
have any questions or comments.
Total Price
Split system for Evidence Room
$ 67,938
LEAD TIMES
• Permits: Approximately 6-8 weeks from intake date
• Equipment: 1-2 weeks from order date
SCOPE OF WORK
Current VRF fan coil that serves the evidence room on the 1st floor is deemed to be undersized.
Hermanson will provide design build mechanical services to install new HVAC system to meet
the required load. This proposal is based on the scope of work below but may be modified as
required to meet loads as calculated as well as comply with current mechanical and energy
codes.
• Site inspections, measurements and coordination
• Engineering and drawings required for permits
• Prepare roof for electrical penetrations and sleepers for new outdoor unit
o Roof in sleepers and penetrations
• Provide and install doghouse for linesets and control wiring
o Roof in doghouse
• Provide and set one (1) new 2 ton Mitsubishi outdoor unit on roof
• Provide and install two (2) new 1 ton 4-way ceiling cassettes in evidence room
o Hangers and seismic straps as required
• Provide and install preinsulated linesets from indoor cassettes to outdoor unit on roof
o Charge and test linesets
• Provide and install condensate piping for indoor cassettes to existing condensate drains
• Connect to existing Mitsubishi control system
• Provide and install conduit and wiring from nearest electrical panel to outdoor unit
Mechanical Construction,
Engineering and Service
www.hermanson.com
33
)Hermanson
Hermanson Company LLP
1221 2nd Avenue North
Kent, WA 98032
Tel 206-575-9700
fax 206-575-9800
• Provide, install and wire electrical disconnect near outdoor unit
• Provide, install conduit and wire controls wiring from outdoor unit to indoor unit
• Startup and testing
• Mechanical and Electrical Permit
• Inspections
• Close out package including: as built drawings (if applicable), O&M manuals for new HVAC
equipment, and Hermanson's one-year parts and labor warranty on any work Hermanson
performs
• All labor, equipment, and materials related to above scope of work
Optional Review
According to as -built drawings there may be capacity on CU-A1 that serves the evidence room
VRF ducted unit. This assumes 115% diversity would be allowed for this system. Hermanson
will review design and costs if requested to resize the current unit instead of installing the
separate split system. This may be a less costly option, however we'll need to factor in resizing
ductwork if not sized for the additional airflow.
Mechanical Construction,
Engineering and Service
www.hermanson.com
34
)Hermanson
EXCLUSIONS (unless specifically stated above)
• Ventilation, ERV or DOAS equipment
• Structural upgrades to roof
• Architectural Screening
• Electrical modifications or upgrades to service (utilize space in existing panels)
• X-Ray or Scanning
• Concrete cutting & coring
• TAB
• Drywall Cutting/Patch and Paint
• Insulation
• Fire wrap
• Troubleshooting of existing equipment
• Washington State Sales Tax
CLARIFICATIONS/ASSUMPTIONS
• Additional ventilation or DOAS equipment is not included in scope of design or installation. If
required per code or AHJ this will be an additional cost
• Construction budget assumes installation of 2 ton split system as described above.
Alternates to the design and equipment selections will be reviewed for cost impact.
• Work is figured as regular day shift 6am-2pm
• Scope as described must be accepted by the Authority Having Jurisdiction to validate proposal
• Payments made after 60 days will have a 2% interest added to their monthly billing
• Proposal is valid for 30 days from date
Please reach out to me with any questions and I will be happy to provide more information.
Sincerely,
HERMANSON COMPANY, LLP
Louis Cumbo
Account Executive
Mobile: (206) 741-4486
Icumbo@hermanson.com
JOB NUMBER: 14-XX-25175
Purchaser's Authorized Signature
Date P.O. #
35
)Hermanson
TERMS & CONDITIONS
WARRANTIES/LIMITATIONS: The Contractor warrants to the Owner that materials and equipment furnished under the Contract Documents will be of
good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality
required or permitted by law or otherwise, and that the Work will conform to the requirements of the Contract Documents. This warranty shall be for twelve
(12) months from the date of substantiated completion. However, manufacturer warranties may extend beyond this time frame. The Contractor's warranty
excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear and normal usage. Maintenance shall be in conformity with manufacturer's recommendations and documented by
Owner or Owner's agent demonstrating items performed by a qualified individual. Purchaser's remedies are limited to repair or replacement, at Hermanson
Company's option, of defective material or equipment. Under no circumstances shall Hermanson Company be responsible for any consequential or
incidental damages to purchaser's property. Any action to enforce any rights of purchaser must be instituted within twelve (12) months of the date
Hermanson Company begins installation.
PAYMENT/SECURITY INTEREST/DEFAULT/HERMANSON REMEDIES: A Twenty-five percent (25%) down payment will be collected prior to the
commencement of work. Unless otherwise agreed to in writing, Purchaser shall be progress billed by the last day of each month for all work completed
through the current billing period. All amounts billed are due Net 30 and Purchaser agrees to pay the same. Purchaser hereby grants to Hermanson
Company a security interest in all equipment and accessories thereto supplied by Hermanson Company in performance of this contract, which shall be
satisfied only upon payment in full of all amounts due under this contract. If Purchaser fails to pay the total amount due by the due date, the Purchaser
shall be in default hereunder. Hermanson Company shall then have the right to exercise any and all remedies available to it by virtue of its security interest,
including but not limited to, entry upon the premises and repossession of the equipment and accessories. Hermanson Company may file this document
as a non-standard UCC-1 Financing Statement.
Additionally, Purchaser agrees and acknowledges:
(1) Purchaser shall pay Hermanson Company a LATE CHARGE of two percent (2%) per month on the unpaid balance upon which payment has not been
received by the due date.
(2) Payment received shall be applied, at Hermanson Company's election, first to late charges and then to the oldest principle balance due, whether under
this contract or unpaid amounts under previous contracts or Agreements.
DELAYS/DAMAGES: Hermanson Company shall not be liable for any loss, damage or delays occasioned by tire, strikes, material stolen after delivery upon
premises, lock -outs, acts of God or the public enemy, accidents, boycotts, material shortages, disturbed labor conditions, delayed delivery of materials
from Hermanson Company's suppliers, inclement weather, floods, freight embargos, cause incident to national emergencies, war, acts of the Purchaser
or his agents, or other causes beyond the reasonable control of Hermanson Company. In the event of such delays or damages, the time for performance
by Hermanson Company shall be extended for a reasonable time. If such delay results in additional cost or expenses to Hermanson Company, then
purchaser shall reimburse Hermanson Company for such additional cost and/or expenses in addition to amounts otherwise due under this contract.
CHANGES IN THE WORK: The Purchaser may order changes in the work within the general scope of the contract consisting of additions, deletions, or
other revisions. Hermanson Company shall not be required to make any such changes unless it first receives from the Purchaser a written change order
and agrees to the charge by signing the change order. Any addition, deletion or other revision, which increases the costs or expenses of Hermanson
Company, shall be due to Hermanson Company in addition to any amounts otherwise due under this contract.
PROPERTY INSURANCE: Unless otherwise agreed, the owner shall purchase and maintain property insurance upon all equipment and material delivered
by Hermanson Company to the job site. Purchaser shall assume all risk of loss for such materials and equipment once delivered to the job site.
PERMITS: Unless otherwise designated, the Purchaser shall secure and pay for all permits, governmental fees end licenses necessary for the proper
execution and completion of the work.
TERMINATION OF CONTRACT/SUSPENSION OF PERFORMANCE: This contract shall be terminated only upon mutual agreement of the parties.
Hermanson Company may suspend its performance in the event of any of the following:
(1) Any act of the Purchaser or his/her agents, which prevents or inhibits Hermanson Company from timely performing its obligation under this Agreement.
(2) For the reasons specified above under Delays/Damages.
(3) If the Purchaser files a petition in bankruptcy, whether voluntary or involuntary, makes an assignment for the benefit of creditors or has a receiver
appointed, or does any act inconsistent, or which may impair the Purchaser's ability to perform this contract Hermanson Company may suspend
performance of its obligation under this Agreement until such time as 1) this Agreement is assumed by the Trustee in bankruptcy and/or 2) Hermanson
Company is provided adequate assurance of future performance Hermanson Company is not responsible for any damages, whether direct, proximately
caused, incidental, consequential or otherwise as a result of Hermanson Company suspension of performance hereunder. If performance cannot begin or
continue within a reasonable time after suspension, Hermanson Company at its sole discretion may terminate this Agreement.
SUIT/ARBITRATION/ATTORNEY'S FEES: In the event of any dispute under this contract, either party may elect that this matter be submitted to binding
arbitration in Seattle, Washington, pursuant to the then -effective rules of the American Arbitration Association. In the event this matter is referred for
collection, or if either party retains an attorney for the purpose of arbitration or suit, the prevailing party shall be entitled its actual cost and attorney's fees,
all cost of collection, including licenses, collection agency fees and court costs, in addition to the amounts otherwise due. Venue and jurisdiction shall be
laid in King County, Washington.
ENTIRE AGREEMENT: This represents the entire Agreement between the parties There are no other Agreements or promises that are not contained on
either the front or backside of this Agreement.
NOTICE TO CUSTOMER: This contractor is registered with the State of Washington. registration number HERMACLOO5BJ as general/specialty contractor
and has posted with the state a bond or cash deposit of $12,000 for the purpose of satisfying claims against the contractor for negligent or improper work
or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim that might arise for the
work under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by
the contractor or subcontractor, your property may be liened to force payment. If you wish additional protection you may request the contractor provide
you with further information about lien release documents. General information is also available from the Department of Labor and Industries.
EQUAL OPPORTUNITY: All parties to this agreement shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5 (a). These regulations
prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination
against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, or for inquiring about, discussing, or
disclosing information about compensation. Moreover, these regulations require that all parties take affirmative action to employ and advance in
employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.
Purchaser's Authorized Signature
36
Date P.O. #
SEAAIRE
INCORPORATED
SINCE 7980
- Air Conditioning • Heating • Refrigeration
• Controls • Service • installations • Maintenance
Proposal submitted to:
Job location:
PROPOSAL
Henry Ancira
CITY OF TUKWILA
11210 Tukwila International Blvd
Tukwila, WA 98168
henry.ancira@tukwilawa.gov
TUKWILA POLICE DEPARTMENT
15005 Tukwila International Blvd
Tukwila, WA 98168
1402 Maple Ave SW
Renton, WA 98057
(206) 575-8051
(206) 575-0653
dispatch@sea-aire.com
www.sea-aire.com
11/08/2023
We propose to provide labor and materials for the installation of a new Mitsubishi 3-ton 208/230 split system
with two 12k cassettes for the evidence room. ***Roofing excluded due to lack of response from original
contractor.
Quote INCLUDES:
• Mitsubishi 3-ton 208/230 split system
• Crane rental
• Site plans
• Electrician
• Controls
• City permit
• Materials
• Electrical connections to existing disconnects
• Start & test
• Labor hours
• One (1) year warranty on new equipment
Quote EXCLUDES:
• Structural and code considerations
• Street and/or mechanical permits
• Drawings
• Structural calculations
• Electrical and concrete work
• Ceiling grid and drywall repair
• Disconnect replacement and/or structural improvements
• Roofing
37
ADDITIONAL ITEMS NOT INCLUDED: This proposal is subject to the following exclusions, unless noted above. Not all
exclusions will apply to every job. Please follow up with the sales manager for clarification.
• Structural and code considerations (Platforms, walkways, lights, access openings)
• Power wiring beyond existing disconnects, including ground wire if needed
• Installation of service outlet if required by inspector
• Roofing cut and patch
• Drywall patch or painting
• Modifications to existing ductwork
• Equipment screening or railing
• Unseen ducting or wiring conditions
• Mechanical drawings
• Structural calculations and engineering
• Existing building blue prints if needed for permit
• Mechanical, electrical or refrigeration permits
• After hours labor
• Prevailing wage labor
• Moving of materials or furniture to gain access to workspace
• Removing or reinstalling Tbar ceilings
We propose hereby to furnish material and labor and complete in accordance with the above specifications
for the sum of: $72,230.35, plus Washington State Sales Tax. Partial payment due upon signing —
remainder billed upon completion with Net/15 terms. **Due to market volatility, pricing cannot be
guaranteed beyond the date of this proposal.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be
executed only upon written orders, and will become an extra charge over and above the estimate.
ACCEPTANCE: Customer shall promptly perform testing of the work/products to confirm that the deliverables
perform in accordance with the documentation or other standards applicable thereto.
Customer shall either promptly provide Contractor with written acceptance of the Deliverable, or deliver to
Contractor a detailed written statement of nonconformities to be corrected prior to Customer's acceptance of
the Deliverables.
Following redelivery of corrected Deliverables, a new acceptance test shall immediately be commenced by
Customer.
WARRANTY/REMEDY: Customer's sole and exclusive remedy and Contractor's only obligation for breach of
the warranty hereunder will be, at Contractor's option, to correct any material errors in provision of Services
or to replace or repair Deliverables which do not conform to the warranty.
Contractor warrants deliverable functionality substantially as defines in the Statement of Work for a period of
365 days following final delivery.
Contractor warrants that with respect to any Deliverable assigned by Contractor to Customer that Contractor
has the right to transfer title to Customer.
LIMIT OF LIABILITY: The total liability of Contractor to Customer from any cause whatsoever, will be limited to
the lesser of Customer's actual damages or the Project price paid to Contractor for those Services and
38
Deliverable in a Project that are the subject of Customers claim. In no event will either party be liable for
SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
All claims against Contractor must be brought within one (1) year after the cause of action arises and
Customer waives any statute of limitations which might apply by operation of law or otherwise.
INDEMNIFICATION: Customer shall defend, indemnify and save Contractor harmless, at Customer's own
expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason
of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended
use of the Deliverables furnished to Contractor hereunder.
Customer agrees to indemnify and hold Contractor harmless against all claims, liabilities, demands, damages,
or expenses (including attorneys' fees and expenses) arising out of or in connection with Customer's use of the
Deliverables.
Authorized Signature
Edgar Sanders Retrofit Project Manager Date
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized
to do the work as specified. Payment will be made as outlined above.
Authorized Name & Title (Printed)
Signature Date
39
40
City of Tukwila
Allan Ekberg, Mayor
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: David Rosen, Parks & Recreation Analyst
DATE: November 16t", 2023
SUBJECT: Grant Acceptance: King County Best Start for Kids Levy Capital Grant
ISSUE
The City of Tukwila Parks & Recreation department has been awarded a $500,000 grant from King
County to be used towards the Tukwila Community Center HVAC Replacement Project. This grant's
amount requires council approval before it may be officially accepted and the relevant contract
executed.
BACKGROUND
The Tukwila Community Center, which serves as the city's primary recreation center and headquarters
for the Parks & Recreation Department, still utilizes its original HVAC system and components from its
construction in 1997. Additionally, the gymnasium lacks a cooling system, inhibiting the ability to serve
as an emergency shelter, particularly as a temporary cooling shelter during periods of extreme heat.
Overall, the TCC HVAC system is nearing obsolescence and must be replaced to maintain operational
readiness for both day-to-day and emergency operations. To assist with this project, city staff retained
the services of McKinstry (Contract 23-087) after a competitive RFQ process was conducted in May of
2023. McKinstry was tasked with assessing the current system, studying potential replacement options,
and assisting in the identification of additional funding sources that could be used towards the project.
The city team working on the project includes staff from the Public Works and Parks & Recreation
departments as well as the Mayor's Office.
Steps taken for the project so far include:
1. Initial study of TCC's HVAC systems, building schematics, and operational status by McKinstry
as part of their scope of work under Contract 23-087
2. Execution of an Interagency Agreement with the Washington Department of Enterprise Services
(DES) to utilize their Energy Service Procurement Contracting program
3. Anticipated execution (11/20 Regular Council Meeting) of an agreement for McKinstry to
perform an Investment Grade Audit of the two project options currently proposed
DISCUSSION
Current project options proposed for study under the Investment Grade Audit include a like -for -like
replacement of the current HVAC system (Option A) or installation of new Air Source Heat Pumps with
backup boiler heat (Option B). Current statistics for these two options are as follows:
Option Full Cost
Annual Electric Annual Natural Annual Utility Annual CO2
Savings Gas Savin • s Cost Savings Savings'
A $3.09M - $3.86M 109,072 kWh 11,374 therms $24,095 107.5 metric tons
B
$4.21 M - $5.26M
54,782 kWh
16,827 therms
$24,988
112.9 metric tons
Per the US Environmental Protection Agency Greenhouse Gases Equivalencies Calculator
Tukwila City Nall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
41
City staff continue to work with McKinstry and DES to identify and seek additional funding sources that
can offset the project's costs. At this time, funding sources committed, secured, and/or awarded for the
project include:
Source Amount
WA State Appropriation (Department of Commerce) $773,000
King County Best Starts for Kids Capital Grant $500,000
City General Fund (000
$100,000
City General Gov Facilities Improvement Fund (303
$100,000
$1,473,000
FINANCIAL IMPACT
This is a reimbursement grant, meaning funding will only be received after the relevant costs are
incurred in execution of the project. Staff will work with the City's Finance Department to determine
which fund will incur the initial expenses to be reimbursed. In summary, the acceptance of this grant will
create no net outflow of resources from any city fund.
RECOMMENDATION
City staff recommend the committee forward this grant for approval to the December 4' Regular
Council Meeting unfinished business agenda.
ATTACHMENTS
A --- King County Housing & Community Development Contract Template
B --- City of Tukwila Parks & Recreation Critical Facility Rehabilitation Exhibit
C --- Grant RFP Overview (Pages 4-6 of 19)
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
42
Contractor
Project Title
Contract Amount $
Contract Start Date:
L.4
King County
Department of Community and Human Services
Community Services Division
Housing and Community Development Section
(206) 263-9105 TTY Relay: 711
Termination Date (where applicable):
UEI No. (if applicable)
Federal Taxpayer ID No.
Contract End Date
SAM No. (if applicable)
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2023/24
THIS CONTRACT No. is entered into by KING COUNTY, a political subdivision of the State of
Washington (the "County"), and , (the "Contractor"), whose address is . 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 2 CFR 200.331.
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 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 State law, and County ordinances,
each as applicable, 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 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 is 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.
@ContractorNameHere Page 1 of 32 2023/2024 Contract - @CN1
43
INDEX TO CONTRACT
1. SCOPE OF CONTRACT AND
INCORPORATION OF EXHIBITS 3
2. DURATION OF CONTRACT 3
3. TERM OF COMPLIANCE - for capital
projects 4
4. FUTURE SUPPORT 4
5. COMPENSATION AND METHOD OF
PAYMENT 4
6. BUDGET 5
7. EQUIPMENT PURCHASE,
MAINTENANCE, AND OWNERSHIP 5
8. CONTRACT AMENDMENTS 6
9. INTERNAL CONTROL, ACCOUNTING
SYSTEM AND FINANCIAL REPORT
SUBMISSION 6
10. MAINTENANCE OF RECORDS 7
11. EVALUATIONS AND INSPECTIONS 8
12. PROPRIETARY RIGHTS 8
13. CORRECTIVE ACTION 9
14. ASSIGNMENT 10
15. TERMINATION 10
16. ENTIRE CONTRACT/WAIVER OF
DEFAULT 11
17. HOLD HARMLESS AND
INDEMNIFICATION 11
18. INSURANCE REQUIREMENTS -
GENERAL 13
19. NONDISCRIMINATION AND EQUAL
EMPLOYMENT OPPORTUNITY 18
20. SUBCONTRACTS AND PURCHASES 21
21. NONDISCRIMINATION IN
SUBCONTRACTING PRACTICES Error!
Bookmark not defined.
22. CONFLICT OF INTEREST 22
23. BOARD OF DIRECTORS 24
24. CONFIDENTIALITY 24
25. PERSONAL INFORMATION - NOTICE
OF SECURITY BREACH 24
26. COMPLIANCE WITH THE HEALTH
INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996
(HIPAA) 25
27. NOTICES 28
28. KING COUNTY RECYCLED PRODUCT
PROCUREMENT POLICY 28
29. SERVICES PROVIDED IN
ACCORDANCE WITH LAW AND RULE
AND REGULATION 28
30. POLITICAL ACTIVITY PROHIBITED28
31. FORCE MAJEURE 28
32. MISCELLANEOUS PROVISIONS . Error!
Bookmark not defined.
33. AFFIRMATIVE MARKETING Error!
Bookmark not defined.
34. ACCESSIBILITY FOR CAPITAL
PROJECTS Error! Bookmark not
defined.
35. LABOR STANDARDS . Error! Bookmark
not defined.
36. EMPLOYMENT OPPORTUNITIES ON
ASSISTED CONSTRUCTION
PROJECTS Error! Bookmark not
defined.
37. NO BENEFIT TO OWNERS AND
DEVELOPERS OF ASSISTED
HOUSING 29
38. SUPPLANTING Error! Bookmark not
defined.
39. DRUG FREE WORKPLACE
CERTIFICATION AND OTHER
FEDERAL REQUIREMENTS Error!
Bookmark not defined.
40. CONSTITUTIONAL PROHIBITION Error!
Bookmark not defined.
41. PROMISSORY NOTE, DEED OF TRUST
AND COVENANT 30
42. ANTI -DISPLACEMENT AND
RELOCATION ASSISTANCE FOR
CAPITAL PROJECTS 30
43. PROPERTY MANAGEMENT FOR
CAPITAL PROJECTS 30
44. TAXES AND LICENSES 30
45. PROCEDURE IN THE EVENT OF
CASUALTY/CONDEMNATION FOR
CAPITAL PROJECTS 31
44
Page 2 of 32 2023/2024 Contract -
EXHIBITS ATTACHED HERETO
Exhibit Name
Amount
Fund Source
GENERAL TERMS AND CONDITIONS
1. SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS
A. Scope
The Contract between the parties shall consist of the signature page, each
Program/Project Exhibit and any attachments thereto 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 in any attachment to a
Project/Program Exhibit and any language in this Contract or other exhibit, the language
in the Project/Program Exhibit attachment shall control. 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 (excluding all attachments) 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:
(1) Service Projects (human service, planning, program administration and micro -
enterprise or supportive services for the homeless); and
(2) 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.
B. 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.
C. 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.
2. DURATION OF CONTRACT
Page 3 of 32 2023/2024 Contract -
45
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.
3. 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.
4. FUTURE SUPPORT
The County makes no commitment to support the services or project contracted for herein and
assumes no obligation for future support of the services or project contracted herein except as
expressly set forth in this Contract.
5. 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.
A. 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.
B. Submission of Invoices, Supporting Documentation and Reports
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.
C. 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.
D. Final Invoice for Capital Projects
46
Page 4 of 32 2023/2024 Contract -
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.
E. Unspent Funds
(1) 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.
(2) 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.
F. Reimbursement for Travel:
The Contractor will not be reimbursed for travel unless otherwise specified within an
Exhibit.
6. 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 and all attachments thereto. 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.
7. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment Purchase
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.
B. Maintenance of Equipment
Page 5 of 32 2023/2024 Contract -
47
The Contractor shall be responsible for all such equipment, including the proper care and
maintenance.
C. 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.
D. 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.
E. 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.
8. 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.
9. INTERNAL CONTROL, ACCOUNTING SYSTEM AND FINANCIAL REPORT SUBMISSION
A. Internal Control and Accounting
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.
B. Financial Report Submission
The Contractor is required to submit a financial reporting package as described in
subsection (1) through (3), below. All required documentation must be submitted by
email to DCHSContracts@kingcounty qov by the stated due date.
(1) 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.
(2) If the Contractor is not subject to the requirements in subsection (1) the
following apply:
Entity Type
Non -Profit
For Profit
Page 6 of 32
48
2023/2024 Contract -
Gross Revenue
Gross Revenue
Under $3M on
Gross Revenue
Over $3M on
Gross Revenue
Under $3M on
Gross Revenue
Over $3M on
average in the
previous three
fiscal years.
average in the
previous three
fiscal years.
average in the
previous three
fiscal years.
average in the
previous three
fiscal years.
Required
Form 990
Audited financial
• Income tax
Audited financial
Documentation
within 30 days
statements
return; and
statements
of its being
prepared by an
• A full set of
prepared by an
filed; and
independent
annual internal
independent
A full set of
Certified Public
financial
Certified Public
annual internal
Accountant or
statements
Accountant or
financial
statements
Accounting Firm
Accounting Firm
Due Date
Within 30
Within 9 months
Within 30
Within 9 months
calendar days
following the close
calendar days
following the
from the forms
of the Contractor's
from the forms
close of the
being filed.
fiscal year.
being filed.
Contractor's
fiscal year.
C. 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
representation certified by the Contractor's Board of Directors, provided the Contractor
meets the following criteria:
(1) Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
(2) There has been no turnover in key staff since the beginning of the period for
which the financial reporting was completed.
D. 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.
10. MAINTENANCE OF RECORDS
A. 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.
B. Time for Retention of Records
Page 7 of 32 2023/2024 Contract -
49
Records required to be maintained in subsection A. above shall be maintained for a
period of six years after the termination or expiration of this Contract, unless a different
period for records retention is specified in the Project/Program Exhibit.
C. 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.
11. EVALUATIONS AND INSPECTIONS
A. 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.
B. 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 attachment or a longer retention period is required by law.
C. 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.
12. PROPRIETARY RIGHTS
A. 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.
B. Ownership Rights of Previously Existing Materials:
Page 8 of 32 2023/2024 Contract -
50
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.
C. 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.
13. 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.
A. Written Notification
The County shall notify the Contractor in writing of the nature of the breach.
B. 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
C. 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.
D. 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.
E. 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.
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F. 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.
14. 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
consent, this section shall nevertheless continue in full force and effect. Any assignment,
transfer or subcontract without prior County consent shall be void.
15. TERMINATION
(1) 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.
(2) 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.
(3)
If the Contract is terminated as provided above:
a) 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
b) The Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
B. Termination for Cause
(1) The County may terminate this Contract, in whole or in part, upon seven days
advance written notice to the Contractor:
a) 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
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b) The duties, obligations, or services required herein become impossible,
illegal or not feasible.
(2) 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.
(3) 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.
(4) 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.
(5)
If the Contract is terminated as provided in this subsection:
a) 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
b) The Contractor shall be released from any obligation to provide such
further services pursuant to the Contract as are affected by the termination.
(6) 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.
C. 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.
16. ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract, including all exhibits and addenda hereto, 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.
17. INDEPENDENT CONTRACTOR
A. In providing services under this Contract, the Contractor is an independent Contractor,
and neither it nor its officers, agents, or employees are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
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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.
B. 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.
18. HOLD HARMLESS AND INDEMNIFICATION
A. 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.
B. 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.
C. 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.
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D. 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.
E. The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
19. INSURANCE REQUIREMENTS —GENERAL
A. 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
of such insurance. The Contractor shall furnish separate certificates of insurance and
policy endorsements from each of its contractors/subcontractors 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.
B. 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
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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.
C. Minimum Scope of Insurance. Coverage shall be at least as broad as the following:
(1) General Liability
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
(2) Professional Liability, Errors and Omissions Coverage
(3)
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.
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.
(4) 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.
(5) 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.
(6) Property Insurance
(7)
Insurance Services Office form number (CP 00 10), or its substantive equivalent,
covering BUILDING AND PERSONAL PROPERTY COVERAGE and Insurance
Services Office form number (CP 10 30) CAUSES OF LOSS — SPECIAL FORM or
project appropriate equivalent, written on a replacement cost basis is required.
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
56
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hundred percent of the replacement value thereof, and include coverage for flood,
Earth Movement (including earthquake) and owner -furnished equipment, as
applicable. 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 Named Insured. In the event of a loss to any or all of the work and/or
materials therein and/or to be provided at any time prior to the final close-out of the
Contract and acceptance of the project by King County, the Contractor shall
promptly reconstruct, repair, replace or restore all work and/or materials so
damaged or destroyed. Nothing herein provided for shall in any way excuse the
Contractor or its surety from the obligation of furnishing all the required materials
and completing the work in full compliance with the terms of the Contract. The
policy shall include a waiver of subrogation in favor of the County.
(8) Contractor's Pollution Liability
For work involving the introduction, potential release or exacerbation of hazardous
materials or pollutants, Contractor shall provide Contractor's Pollution Liability
coverage in the amount of $1,000,000 per occurrence or claim and in the annual
aggregate to cover sudden and non -sudden bodily injury and/or property damage
to include the destruction of tangible property, loss of use, cleanup costs and the
loss of use of tangible property that has not been physically injured or destroyed.
Coverage shall include non -owned disposal sites. If asbestos, lead or PCB's are a
potential exposure, such insurance shall not exclude pollution arising out of
Asbestos, Lead and/or PCB operations. Evidence of Insurance must specifically
state that coverage is included.
D. Minimum Limits of Insurance —Capital Projects
The Contractor shall maintain limits no less than the following:
(1) 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.
(2) Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the
Aggregate. Please note that this coverage is required only in the event that services
delivered pursuant to this contract either directly or indirectly involve or require
professional services.
(3) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage if the use of motor vehicles is contemplated.
(4) Contractor's Pollution Liability: $1,000,000 per occurrence or claim and in the
aggregate, required only when the scope of work involves the introduction, potential
release or exacerbation of hazardous materials or pollutants.
(5)
Workers' Compensation: Statutory requirements of the state of residency.
(6) Stop Gap /Employers Liability: $1,000,000 each occurrence.
(7) Property Insurance: One hundred percent replacement value of funded
structure.
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E. 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 its construction contractor and
related professionals (together, "Subcontractors") 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, for full coverage and policy limits, 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, or
shall cause its Subcontractors to maintain, limits no less than the following:
(1) 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.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3) Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate. Please note that this coverage is required only in the event that services
delivered pursuant to this contract either directly or indirectly involve or require
professional services.
(4) Builder's Risk Insurance: One hundred percent replacement cost value.
(5) Contractor's Pollution Liability: $1,000,000 per occurrence or claim and in the
aggregate, required only when the scope of work involves the introduction, potential
release or exacerbation of hazardous materials or pollutants.
(6) Workers Compensation: Statutory requirements of the State of residency.
(7)
Stop Gap or Employers Liability Coverage: $1,000,000, each occurence.
F. Minimum Limits of Insurance —Services Agreements: The Contractor shall maintain
limits no less than the following:
(1) 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.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
(3) Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
(4) Workers Compensation: Statutory requirements of the State of Residency.
(5) 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.
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G. 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.
H. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to contain,
the following provisions:
(1) All Liability Policies except Professional and Workers Compensation.
a) 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.
b) 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.
c) 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.
(2) Property Coverage Policies
a) The County shall be added to all Property Coverage Policies as a loss
payee as its interests may appear.
b) The County shall be added as a Named Insured as its interests may
appear to all Builders Risk policies.
(3) 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
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,
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and shall submit the same to the County, with appropriate certificates and endorsements,
for approval.
J. 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.
K. 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.
L. Municipal or State Contractor Provisions
If the Contractor is a municipal corporation or an agency 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.
20. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Equal Benefits to Employees with Domestic Partners
In accordance with King County Code (KCC) Chapter 12.19, 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 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
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B. 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.
C. 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.
D. 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.
E. 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:
(1) 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
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certified SCS firms, are available at the following Web -site address:
http://www.kinqcounty.qov/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.
(2) 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.
(3) 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.
F. 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.
G. 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
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.
(1) 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
(2) The Contractor shall not discriminate against persons with disabilities in
providing the work under the Contract. In any subcontracts for the programs, activities
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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.
H. 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 Fair Housing Act). 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 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.
21. SUBCONTRACTS AND PURCHASES
A. 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.
B. 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.
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.
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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.
C. 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."
22. DEBARMENT AND SUSPENSION CERTIFICATION
A. Federal Debarment
Entities that are debarred, suspended, or proposed for debarment, by the U.S.
Government are excluded from receiving federal funds and contracting with the County.
The Contractor, by signature to this Contract, certifies that the Contractor is not currently
debarred, suspended, or proposed for debarment, by any Federal department or agency.
The Contractor also agrees that it will not enter into a subcontract with a person or entity
that is debarred, suspended, or proposed for debarment. The Contractor shall notify King
County if it, or a subcontractor, is debarred, suspended, or proposed for debarment, by
any Federal department or agency. Debarment status may be verified at
https://www.sam.gov/.
B. State and Local Debarment
Entities may also be debarred, suspended, or proposed for debarment, by the State of
Washington and King County. Such entities are excluded from contracting with the
County. The Contractor, by signature to this Contract, certifies that the Contractor is not
currently debarred, suspended, or proposed for debarment, by either the State of
Washington or King County. The Contractor also agrees that it will not enter into a
subcontract with a person or entity that is debarred, suspended, or proposed for
debarment. The Contractor shall notify King County if it, or a subcontractor, is debarred,
suspended, or proposed for debarment, by the State of Washington or King County.
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23. 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.
A. 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.
B. 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.
C. Disclosure of Current and Former County Employees
To avoid any actual or potential conflict of interest or unethical conduct:
(1) 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.
(2) 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.
(3) 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.
D. No Conflict of Interest
The Contractor shall abide by the provision of 2 CFR § 200.318, and by the following:
(1) 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;
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(2) 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
(3) 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.
24. BOARD OF DIRECTORS
A. 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.
B. 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).
(1) 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.
(2) The Board of Directors shall meet regularly.
(3) 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.
25. 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.
26. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH
A. 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).
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B. 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:
(1) Circumstances associated with the breach;
(2) Actions taken by the Contractor to respond to the breach; and
(3) Steps the Contractor shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
C. 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.
D. The Contractor shall conspicuously display King County's Privacy Notice and provide a
printed copy upon request.
E. 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).
F. 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).
(1) Email notice when the Contractor has an e-mail address for the subject
persons;
(2) Conspicuous posting of the notice on the Contractor's web site page, if the
Contractor maintains one; and
(3) Notification to major County -wide media.
G. For purpose of this section, "personal information" means the same as defined in RCW
42.56.590:
(1) 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
(2) 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.
27. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996 (HIPAA)
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Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 CFR Parts 160 and 164.
A. Obligations and Activities of the Contractor
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
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(7) The Contractor agrees to make available protected health information in
accordance with 45 CFR § 164.524.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
B. 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.
C. Effect of Termination
(1) 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 is in
the possession of subcontractors or agents of the Contractor. The Contractor shall
retain no copies of the protected health information.
(2) 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.
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D. 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.
28. 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.
29. 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.
30. 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.
31. POLITICAL ACTIVITY PROHIBITED
A. 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.
32. 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.
A. 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.
B. 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.
C. 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.
D. 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.
33. PREVAILING WAGES AND DEBARMENT
Projects that are not subject to Davis -Bacon requirements as set forth in the Funding Source
Exhibit, 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.
For the performance of any services or activities described in any Program/Project Exhibit, the
Contractor shall make no subcontracts with firms on the Washington State Department of
Labor and Industries Debarred Contractor List:
https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx
34. 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-
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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.
35. 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 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.
36. 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.
37. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS
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.
38. 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.
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39. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL
PROJECTS
A. 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:
(1) Repair or restoration of the real property is feasible and that sufficient funds are
available to complete such work;
(2) After the completion of work, the real property can be feasibly operated within
the restrictions and requirements of the Project/Program Exhibit; and
(3) More than two years remain after the completion of the work until the end of this
Contract.
B. 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.
40. CODE OF CONDUCT
The County is committed to providing an inclusive, welcoming, supportive, and safe
environment for all to feel respected, valued, and empowered. The Contractor shall, while
performing the work as described in the attached Exhibit(s), interact with the community being
served and the County's employees in a respectful manner.
The County and Contractor shall refrain from engaging in any conduct that communicates a
hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or
nonverbal and includes, but is not limited to microaggressions, deliberate misgendering,
slights, and other conduct that could cause harm. The Contract may be subject to termination
under Subsection 12.B. as a result of any violation of this Section by providing the other party
30 calendar days advance written notice of the termination.
41. MISCELLANEOUS PROVISIONS
A. 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.
B. 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.
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C. 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
be filed and prosecuted in King County Superior Court of U.S. District for the Western
District of Washington, in Seattle.
IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on
the date above written.
KING COUNTY: CONTRACTOR:
FOR
King County Executive Signature
Date Name (Please type or print)
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Date
74
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EXHIBIT I
CITY OF TUKWILA PARKS AND RECREATION CRITICAL FACILITY REHABILITATION
Contract No.: 6416643
Project No: 1128222
King County Project Manager: Cat Ratajczak
Contact Person: Pete Mayer
Services Start Date: December 1, 2023
Telephone: (206) 767-2305
End Date: September 1, 2025
Email: pete.mayer@tukwilawa.gov
I. WORK STATEMENT
City of Tukwila Parks & Recreation ("Contractor") shall use Best Starts for Kids Capital
funds for rehabilitation and construction and related costs for the Tukwila Community Center
HVAC System Repair Project (Project). All such activities shall be carried out in a manner
which fully complies with all applicable federal, state, and local laws, statutes, rules, and
regulations, as currently in effect or as amended in the future. The total amount of
reimbursement pursuant to this Exhibit shall not exceed $500,000 for the Exhibit Period
noted above.
Ongoing funding for the full term of this Exhibit shall be contingent on Project performance,
continued funding availability, Project alignment with program planning priorities, and other
contractual requirements contained in this Exhibit. King County reserves the right to extend
the term of this Contract beyond the end date listed above in any increment of time King
County and Contractor mutually agree to.
II. DEFINITIONS
A. "L&I" means Washington State Department of Labor and Industries.
B. "Prime" means Prime Construction Contractor: the licensed, bonded, and insured
Washington State registered General Contractor who is performing the physical
rehabilitation/construction work.
III. LEADING WITH EQUITY
For many in our region, King County is a great place to live, learn, work and play. Yet we
have deep and persistent inequities - especially by race and place - that in many cases are
getting worse and threaten our collective prosperity. Equity and Social Justice (ESJ) is an
integrated part of the County's work and foundational to the work of King County
Department of Community and Human Services (DCHS). Our goal is to ensure that all
people, regardless of who they are and where they live, have the opportunity to thrive, with
full and equal access to opportunities, power, and resources.
IV. PROJECT DESCRIPTION AND SCOPE OF WORK
A. Funds awarded under this Contract shall be used for the rehabilitation of Tukwila
Community Center to be located at 12424 42nd Ave S, Tukwila, WA 98168.
B. The scope of work shall consist of rehabilitation improvement construction costs for
HVAC replacement including construction documents, permitting, and full build out in
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accord with local permitting and to operate as s community center, recreational center,
early learning center, and child care facility.
C. This Project shall preserve and expand critical services for youth and families. This
Project is anticipated to be completed by 9/1/2025.
D. The Contractor shall complete the milestones as detailed in Attachment B.
E. Unless this Exhibit provides otherwise, all work performed by the Contractor during the
contract period shall be in conformance with the requirements and descriptions of this
Exhibit and be in compliance with all other terms and conditions of this Contract.
V. SECURITY INSTRUMENTS
A. Deed of Trust. This Contract shall be evidenced by a promissory note and secured by a
Deed of Trust naming King County as beneficiary. The Deed of Trust shall be recorded
in King County, and the original returned to King County after recordation within ninety
(90) days of contract execution. The Deed of Trust shall be recorded before King County
will reimburse the Contractor for any Project costs. The amount secured by the Deed of
Trust shall be the amount of this Contract as set forth in Section I., hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period
of ten years following the final payment of funds to the Contractor under this Contract.
Upon satisfaction of the ten-year term requirement and all other Contract terms and
conditions, King County shall, upon written request of the Contractor, take appropriate
action to reconvey the Deed of Trust.
C. Title Insurance. In addition to the insurance requirements of the attached Standard
Terms and Conditions, the Contractor shall purchase an extended coverage lender's
policy of title insurance insuring the lien position of the Deed of Trust in an amount not
less than the amount of this Contract.
D. Subordination. King County may agree to subordinate its Deed of Trust upon request
from a private or public lender. Any such request shall be submitted to King County in
writing, and King County shall respond to the request in writing within thirty (30) days of
receiving the request.
E. Project valuation shall be determined by the total cost of the Project See Attachment A
for details.
VI. MONITORING AND REPORTING REQUIREMENTS
A. The County shall conduct monitoring and performance assessments of all services
provided under this Exhibit in the manner and at reasonable times, with reasonable
notice as the County in its sole discretion deems appropriate.
B. Monitoring and assessment activities include, but are not limited to, review of service
and financial reports, including all books, records, documents, and other data, facilities,
activities, and on -site visits by County staff or their designee, state, or federal
representatives. Upon Project completion, the final Project invoice shall be accompanied
by a Project report in a format provided by the County.
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C. The meeting and reporting requirements of this Section VI. shall begin on the date this
Exhibit becomes effective.
VII. COMPENSATION AND METHOD OF PAYMENT
A. Reimbursement
1. The maximum not -to -exceed amount of this Exhibit is $500,000 The Contractor shall
submit a Billing Invoice Package (BIP) no later than 30 days after payment to the
Prime has been made. The Contractor's obligation to submit a BIP shall not begin
until after the effective date of this Exhibit.
B. Acceptance of work:
1. To serve the best interests of King County, and expedite reimbursement, the
Contractor shall submit to King County a draft of the Prime's pay application for
review at the time of the Prime's submittal.
2. If the County finds that the Contractor's execution of the deliverables, tasks,
performance requirements, billable items, or accounting of expenditures for which
Contractor has received payment (collectively referred to hereinafter as "Work") does
not meet the requirements of this Contract, the County may request reimbursement
from the Contractor and/or withhold subsequent payments to the Contractor.
In the event of rejection of any Work, the Contractor shall be notified and may have
fourteen (14) calendar days from date of issuance of notification to correct the
deficiencies and resubmit the Work.
3. The County shall withhold five percent (5%) of the budget until such time that
Washington State L&I Final Affidavits of Prevailing Wages Paid have been issued
and copies thereof supplied to the County.
C. Billing Invoice Package
1. The BIP shall consist of a signed invoice statement, authorized pay application by
Prime, and proof of payment to Prime in a format approved by King County.
Incomplete or inaccurate BIP shall be returned to the Contractor for corrections and
resubmission.
2. BIPs shall be submitted for approval via email to:
Catarina.Ratajczak@kingcounty.gov.
3. Reimbursement shall be made once the BIP is approved by King County. Incomplete
or inaccurate BIP shall be returned to the Contractor for corrections and
resubmission.
4. Upon completion of improvements or upon termination of this Contract, any
unexpended balances of BSK funds shall remain with the County.
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ATTACHMENT A
PROJECT BUDGET
Contractor shall apply County funds to the Project in accordance with the Project Budget below.
A. Project Budget
Item
Amount
Hard Costs
$369,545
Soft Costs
$85,000
Contingency
$0
Taxes and Fees
$45,455
Total
$500,000
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ATTACHMENT B
PROJECT MILESTONES
The following milestones shall be set forth for Project accomplishment. Milestones may be
amended from time to time with the written amendment signed by the County and Contractor.
The Project shall be implemented in accordance with the following schedule.
Milestones
Completion Date
Construction Start
Aug/Sept. 2024
Construction 50% Complete
December 2024
Construction 100% Complete
July 2025
Final Pay Application Submitted
August 2025
Final Security Documents Recorded
August 2025
Project Closed
July 2025
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II. Best Starts' Capital Overview
A. Program Context
Best Starts' Capital Program will provide contracts for building repairs, renovations and new
construction or expansion to improve access to high quality programs and services for Low -
Income children, young people, and families. Eligible projects across priorities may include, but
are not limited to:
• Recreational Facilities
• Community Centers
• Early Learning Centers
• Child Care Facilities
• Housing for youth, young adults, and families.
Priority will be given to projects serving the following communities:
• Black, Indigenous, and People of Color (BIPOC)
• Rural areas; and/or
• Areas Without Physical Access to similar facilities
Further, consistent with recommendations from the Children and Youth Advisory Board (CYAB),
the program will also prioritize funding sites that are:
• Multi -Use
• Intergenerational; and/or
• Include covered outdoor spaces.
The program will focus on equitable community -driven development to ensure projects are
aligned with and serve communities' needs. Priority will also be given to developments that
leverage other capital investments, including County PSTAA and affordable housing funds. All
Best Starts -supported buildings are expected to have culturally responsive Child Care and Early
Learning services or other programs for children and young people. Funded buildings and
facilities are also expected to host permanent low-cost or free programming for Low -Income
households.
Best Starts' Capital is guided by four priorities. This RFP will only fund Priority 2 projects.
RFPs for projects meeting priorities 1, 3, and 4 will be offered in the future:
• Priority 1: New construction or renovation of existing property to provide for new
Community or Recreational Centers which prioritize serving Low -Income BIPOC
children, youth and families lacking access to similar facilities. Best Starts will provide
capital planning grants of up to $100,000 for Priority 1 projects. The capital grant funds
awarded under Priority 1 are expected not to exceed $5 million for any single project
over the life of the levy.
• Priority 2: Renovations and repairs to existing multi -use Community Centers,
Early Learning Centers, Child Care or Recreational Facilities to address critical
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health and safety issues. The capital grant funds awarded under Priority 2 are
expected not to exceed $500,000 for any single facility over the life of the levy.
• Priority 3: Expand Child Care and Early Learning Facilities to increase capacity for
multipurpose uses, and complement the Early Learning Facilities funding under the
PSTAA Implementation Plan to increase capacity for multipurpose uses. The capital
grant funds awarded under Priority 3 are expected not to exceed $1 million for any single
facility over the life of the levy.
• Priority 4: Creation of affordable family or youth housing that includes a Child Care or
youth development component on site. The capital grant funds awarded under Priority 4
are expected not to exceed $5 million for any single project over the life of the levy.
B. This Application
This RFP will fund Priority 2 projects, as is outlined above and in the Best Starts for Kids
Implementation Plan. Priority 2 projects will renovate and repair existing multi -use Community
Centers, Early Learning Centers, Child Care or Recreational Facilities to address critical health
and safety issues.
This funding will support capital projects that provide resources to Low -Income families and
communities of color. These developments will create safe places for young people and access
to caring adults that offer stimulating expanded learning programs, including high -quality
educational or recreational programming for children and young people.
Investments are expected to be geographically dispersed throughout the County and will
support youth programming serving communities that historically have had limited or no access
to facilities for such services. The siting of new facilities and buildings will be evaluated based
on the proximity to other similar facilities and transportation accessibility.
III. Qualifications
This request is open to nonprofit organizations, Community Based Organizations (CBO), tribes
and tribal organizations, for -profit entities and public or governmental agencies serving
communities in King County. Small nonprofits and community -based organizations are
encouraged to submit applications.
A. Minimum Qualifications:
1. Applicant runs a facility that needs Critical Health and Safety Renovations
and Repairs.
2. Project is a Community Center, Early Learning Center, Child Care or
Recreational Facility. No other project types are permitted.
3. Request does not exceed $500,000.
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4. Project must be a rehabilitation or renovation project. This funding will not be
given to new construction or expansion projects.
5. Project site is owned or leased` by applicant organization.
*If leased, organization must have owner support of proposed renovations
6. Applicant is a nonprofit organization, Community Based Organization (CBO),
tribe/tribal organization, for -profit entity or public/governmental agency
serving communities in King County.
7. Applicant serves Low -Income children, youth and families with a priority for
those serving BIPOC communities, Rural areas and/or areas Without
Physical Access to similar facilities.
8. Applicant hosts Culturally Responsive Programming and/or permanent low-
cost or free programming for Low -Income households, consistent with
recommendations from the CYAB.
B. Desired Qualifications:
1. Applicant runs a facility that is:
i. Multi -use;
ii. I ntergenerational;
iii. Close to Transportation; and/or
iv. Has outdoor covered space
2. Applicant can assemble a design, architecture, engineering and/or contractor
team.
3. Applicant can manage a construction project.
4. Applicant has financial systems that can track income and expenditures.
5. Applicant can report performance measurements.
6. Applicant is leveraging other capital investments, including County PSTAA
funds.
C. Ineligible Activities — this funding will not cover the following costs:
1. Non -construction materials and equipment, including technology, toys,
games, play equipment.
2. Retroactive funding (payment for goods, work, or services that have already
been delivered or performed).
3. Transportation/Travel.
4. Staffing costs or other salaries.
5. Emergency funding.
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