HomeMy WebLinkAboutReg 2012-05-21 Item 5F - Interlocal Agreement - Amendment to Minor Home Repair Program with Tukwila et alCOUNCIL AGENDA SYNOPSIS
Meeting Date
05/21/21
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Prepared by
EB
Initials
Mayor's review
Council review
ITEM NO.
5.F.
ITEM INFORMATION
STAFF SPONSOR: EVIE BOYKAN I ORIGINAL AGENDA DATE: 05/21/12
AGENDA ITEM TITLE Amendment to interlocal agreement with participating cities for the Minor Home
Repair Program.
CATEGORY Discussion
Motionl Consent Resolution
Ordinance
Bid Award
Public Hearing Other
Mtg Date
Mtg Date 05121112 Mt Date
Mt g Date
Mtg Date
Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW
SPONSOR'S The existing Interlocal Agreement requires an amendment to clarify fund expenditures,
SUMMARY add new funding to the 5 cities, and incorporate a new exhibit from King County.
The contract for the minor home repair project comes before the Council annually, and the
Council President has approved it to go directly to the Consent Agenda.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N /A-TO CONSENT COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office, Human Services Division
COMMITTEE Council President approval to forward to Consent Agenda
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$132,300 $132,300
Fund Source: HUD
Comments: Cities pay first, Tukwila is reimbursed by King County
MTG. DATE
5/21/12
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
05/21/12 Informational Memorandum dated 05/07/12
Interlocal agreement amendment #1, with attachments
Original Interlocal Agreement #12 -021
105
106
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community and Parks
M
FROM: Evie Boykan, Human Services Manager
DATE: 05/07/12
SUBJECT: Authorization to approve amendment to interlocal agreement between the
cities of Tukwila, SeaTac, Des Moines, Covington and Pacific
ISSUE
City Attorney review of the existing interlocal agreement suggests Council approval of proposed
amendments to the interlocal agreement. These amendments add a required exhibit from King
County and a new distribution of funds since we were awarded additional dollars for the contract
period.
BACKGROUND
The interlocal agreement exists to support the implementation of the minor home repair program
in the cities of Tukwila, SeaTac, Des Moines, Covington and Pacific.
DISCUSSION
Proposed changes clarify procedures as required by King County and Housing and Urban
Development; the fund source of the Community Development Block Grant. Tukwila, as fiscal
agent for the County will be the last signer.
RECOMMENDATION
Council is being asked to approve amendments to the interlocal agreement. The Council is
being asked to consider this item at the May 21 Regular meeting on the Consent agenda.
ATTACHMENTS
Original interlocal agreement, amendment 1, exhibit A -2, exhibit B -2
107
V
CITY OF TUKWILA
INTERLOCAL AGREEMENT
Amendment 1
Between the City of Tukwila and the cities of SeaTac, Des Moines, Covington and
Pacific
That portion of the Interlocal Agreement between the City of Tukwila and the Cities of
SeaTac, Des Moines, Covington and Pacific is amended as follows:
Section 21.2 is amended to read as follows:
No City shall use more funds than have been annually allocated to it by King County
for a minor home repair program as referenced in Exhibit A -2. However, if a City is
unable to spend its portion of the funds by the 3rd quarter of the year for which the
funds were allocated, the Cities may mutually agree to shift those funds to another City
that has an on -going demand for minor home repair.
Section 21.3 is amended to read as follows:
Abide by additional requirements outlined in Exhibit B -2, attached hereto and
incorporated herein by this reference.
Exhibit A and Exhibit B to the Interlocal Agreement are deleted and hereby replaced
with Exhibits A -2 and B -2. Exhibits A -2 and B -2 are fully incorporated for all purposes
into this Agreement.
All other provisions of the contract shall remain in full force and effect.
Dated this day of 20
109
CITY OF SEATAC
By:
Todd Cutts, City Manager
Date:
Attest:
(Printed Name]
Title:
Approved As To Form:
Mark S. Johnsen, Sr. Assistant City Attorney
CITY OF DES MOINES
By:
Anthony A. Piasecki, City Manager
Date:
Attest:
[Printed Name]
Title:
Approved As To Form:
Susan Mahoney, Assistant City Attorney
CITY OF COVINGTON
By:
Derek Matheson, City Manager
Date:
Attest:
(Printed Name].
Title:
Approved As To Form:
Sara Springer, City Attorney
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
Date:
Attest:
[Printed Name]
Title:
Approved As To Form:
Shelley M. Kerslake, City Attorney
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Date approved by City Council
(Applicable if contract amount is over
$40,000)
aft
CITY OF PACIFIC
Cy Sun, Mayor
Date:
Attest:
[Printed Name].
Title:
Approved As To Form:
Kenyon E. Luce, City Attorney
111
112
EXHIBIT A -2
Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home
Repair Program
CALENDAR YEAR 2012 May 30, 2013
Name of Agencies
Qualified contractors
Participating Cities Tentative Funding
Tukwila Lead City $26,825
Des Moines $25,825
SeaTac $27,825
$26,825
J_cau paacu rauit
Other
TOTAL
$16,825
$2,000
$5,000`
$1,175
$132,300
113
114
EXHIBIT III (B -2)
CITY OF TUKWILA
TUKWILA/SEATAC /DES MOINES /COVINGTON /PACIFIC MINOR HOME REPAIR PROGRAM
Contract No.: 5433919 1 Project No.: C12342- 1111406
King County Project Manager: Kathy Tremper I Agency Contact Person: Evelyn Boykan
Start Date: January 1, 2012 I Telephone: (206) 433 -7180; Fax: (206) 433 -7183
End Date: May 31, 2013 I Email: eboykan@ tukwilawa.gov
I. WORK STATEMENT
The City of Tukwila (hereinafter referred to as "the Contractor agrees to provide funds to
repair the existing stock of homes owned by low- to moderate income households in the South
King County communities of Covington, Des Moines, Pacific, SeaTac, and Tukwila, as
described in this Exhibit beginning on January 1, 2012, and completing these services by May
31, 2013. All such activities shall be provided in a manner which fully complies with all
applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or
hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall
not exceed $132.300 in King County Community Development Block Grant (CDBG) funds.
II. PROGRAM DESCRIPTION
The preservation of the housing of low- to moderate income home owners through the
provision of funds to repair the existing stock of homes owned by low- to moderate income
households.
A. Indicators
The number of unduplicated households who receive minor housing repair assistance
in the communities of Covington, Des Moines, Pacific, SeaTac, and Tukwila.
B. Eligibility
Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2012 United States Housing and Urban Development (HUD) Income Guidelines
Table. Clients may self certify in writing that their family income does not
exceed the applicable limit.
2012 HUD INCOME GUIDELINES
Median Family Income $88,000
Effective January 1, 2012
30% MEDIAN 50% MEDIAN
80% MEDIAN
FAMILY
EXTREMELY LOW-
MODERATE
SIZE
LOW- INCOME INCOME
INCOME
1
$18,500 $30,800
$45,500
2
$21,150 $35,200
$52,000
3
$23,800 $39,600
$58,500
4
$26,400 $44,000
$65,000
5
$28,550 $47,550
$70,200
6
$30,650 $51,050
$75,400
7
$32,750 $54,600
$80,600
8
$34,850 $58,100
$85,800
City of Tukwila
Page 1 of 8
2012 Contract Exh III
115
2. The definition of family shall include all persons living in the same household
who are related by birth, marriage or adoption and includes dependent children
living away from home. The definition of income includes all sources of income
required to be reported on Internal Revenue Service Form 1040.
3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees
to use updated income guidelines that shall be provided by the County. The
County shall provide the updated guidelines to the Contractor electronically or
by hard copy.
4. Services provided with funding under this Exhibit may be limited to residents of
Covington, Des Moines, Pacific, SeaTac, and Tukwila.
5. Services shall be provided on a first come, first served basis with safety and
health issues prioritized.
6. Eligible clients must have lived in their home for at least one year.
C. Definitions
Disabled person is an adult who has severe disabilities based on the Bureau of
the Census definition.
2. Elderly person is an individual who is 62 years or older.
3. Emergency repair includes activities that protect, repair or arrest the effects of
disasters, imminent threats or physical deterioration that pose an imminent
danger to life, health or safety.
4. Routine maintenance includes activities that merely keep a structure in good
operating condition; such activities do not add to the value of the structure,
appreciably prolong its useful life, or adapt it to new uses.
5. Unit of service is a minor home repair, measured by unique job or repair hours
that is undertaken in a client's home.
D. Program Requirements
The Contractor shall use CDBG funds to provide minor home repair services for low
and moderate income homeowners in the cities of Covington, Des Moines, Pacific,
SeaTac, and Tukwila. Funds shall be focused on maintaining the safety and health of
the occupants, preserving the dwelling and /or conserving energy. These activities may
include, but are not limited to: earthquake preparedness, replacing broken switches,
sockets, light fixtures, repairing heat sources, repairing gutters and downspouts,
replacing or repairing faucets, toilets, sinks, drains, broken or leaky pipes and repairing
minor roof leaks.
The Contractor agrees to serve, at minimum, the following unduplicated number
of units repaired with funds provided under this Exhibit:
116 City of Tukwila Page 2 of 8 2012 Contract Exh III
City of Tukwila Page 3 of 8 2012 Contract Exh III
117
2012
2012
2012
2012
Total
2013
2013
Total
1 st Qtr
2nd
3rd
4th
in
1 st
2nd
2012/
Jan—
Qtr
Qtr
Qtr
Year
Qtr
Qtr
2013
Mar
Apr—
Jul—
Oct—
2012
Jan—
Apr
Jun
Sep
Dec
Mar
Jun
Number of
0
3
5
3
11
3
0
14
unduplicated
households in
Tukwila
Number of
0
3
3
5
11
3
0
14
unduplicated
households in
SeaTac
Number of
0
3
3
3
9
3
0
12
unduplicated
households in
Des Moines
Number of
0
4
6
4
14
1
1
16
unduplicated
households in
Covington
Number of
0
0
1
2
3
2
2
7
unduplicated
households in
Pacific
Cumulative
0
13
18
17
48
12
3
63
Total for all
Cities
2. The Contractor
agrees to
provide, at minimum,
the following cumulative
hours
of service:
2012
2012
2012
2012
Total
2013
2013
Total
1 st Qtr
2nd
3rd
4th
in
1 st
2nd
2012/
Jan—
Qtr
Qtr
Qtr
Year
Qtr
Qtr
2013
Mar
Apr—
Jul—
Oct—
2012
Jan—
Apr
Jun
Sep
Dec
Mar
Jun
Minor Home
0
8
8
12
28
12
0
40
Repair hours
in Tukwila
Minor Home
0
8
10
12
30
12
0
42
Repair hours
in SeaTac
Minor Home
0
8
8
10
26
10
0
36
Repair hours
in Des Moines
Minor Home
0
12
18
12
42
3
3
48
Repair hours
in Covington
Minor Home
0
0
4
4
8
4
4
16
Repair hours
in Pacific
Cumulative
0
36
48
50
134
41
7
182
Total for all
Cities
City of Tukwila Page 3 of 8 2012 Contract Exh III
117
The funds provided under this Exhibit shall be used to pay for the costs
associated with the provision of these units of service.
3. Environmental Review Records
a. The Contractor shall complete and sign a Site Specific Environmental
Review (ER) Checklist, known as a Tier 3 review, for every individual
job, before any work begins. This checklist allows Minor Home Repair
(MHR) staff to proceed with certain types of projects without obtaining
King County approval first, including projects involving maintenance,
emergency repairs, grab bars or in pre- approved mobile home parks.
b. The Contractor shall submit all Site Specific ER Checklists to the
Housing and Community Development (HCD) Environmental Review
Specialist quarterly with invoice submittal. The Contractor shall keep
hard copies on file.
C. If the MHR staff checks "no" to all questions numbers1 -4 on a Site
Specific Environmental Review Checklist, then MHR staff shall submit
information to the King County ER Specialist and work shall not begin
until the ER Specialist notifies Contractor staff that an ER for that site
(Tier 3) is complete. These reviews shall be submitted along with at
least one picture of the project house.
d. The MHR staff shall provide the HCD ER Specialist information
concerning the following regulations for Tier 3 reviews, as determined in
the Tier 1, Five -Year Programmatic ER (published Dec. 2010):
Section 106: Historic Preservation and Archaeology;
ii. Toxic Chemicals; and
iii. Flood disaster Protection Act (flood insurance).
4. Lead -Based Paint (LBP) Requirements
a. Contractor shall complete the HCD Supplementary Lead Based Paint
Checklist for all repairs on houses built prior to 1978 and submit copies
to HCD Project Manager with Quarterly Billing Invoice Package as
outlined in Section 111.6. of this Exhibit.
b. Contractor shall procure a neutral third party lead based paint certified
contractor hired specifically to assess LBP threshold determinations
(with the exception of those re- occurring activities that have been pre-
determined to not disturb paint).
The sub contractor(s) shall not complete the LBP work on homes they
have assessed and shall refer his /her determinations back to the
Contractor to coordinate all LBP housing repairs and clearance through
King County HCD Staff.
City of Tukwila Page 4 of 8
118
2012 Contract Exh III
Contractor shall monitor job completion and LBP clearance of housing
units per Housing Repair LBP standards as set forth in the Minor Home
Repair Program Lead Based Paint Requirements and Process.
d. If a project repair area is over de minimus and has children under the
age of six residing in the house, and is over $5,000 in repair value, the
project shall be referred to King County Housing Repair Program by
MHR Staff for assessment and completion.
In these instances, if the City makes the referral and desires to
continue funding the repair as a grant, it will be responsible for all
additional costs associated with addressing the repairs and the LBP.
The Housing Repair Program will bill the MHR Program for the
project in an amount adequate to cover all costs associated with the
repair and LBP activity. If the MHR Program runs out of funds
available for grant transfer referrals, the referrals will be assessed
for the traditional non amortizing loan program through the
Consortium's Housing Repair Program, if desired by the client
through normal channels of intake, and general HRP process.
The estimated HCD cost associated with LBP review, testing,
determination and clearance has been determined to be no less
than $500 to cover associated travel and HRP staff time, but will be
itemized per project. Multiple tests might be necessary to complete
clearance of a project
e. Lead Based Paint Records
The Contractor shall maintain records documenting compliance with
Regulations for Lead -Based Paint Poisoning Prevention in Certain
Residential Structures at 24 Code of Federal Regulations (CFR) Part 35.
Such records shall include, for each housing unit assisted under this
Contract:
i. Records evidencing that the housing repair was exempt pursuant to
24 CFR Part 35.115; or
ii. Records evidencing that the scope of the housing repair work did not
exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that
the Contractor provided the required pamphlet to the occupants of
the housing unit pursuant to 24 CFR Part 35.910(b); or
iii. Records evidencing that the housing repair work was completed in
accordance with the procedures specified in 24 CFR Part 35,
Subpart J including provision of required notices, and performance
of evaluation and clearances.
City of Tukwila Page 5 of 8 2012 Contract Exh III
119
5. Subcontracted Services
a. In addition to the requirements of Section XVI. of the Contract, the
Contractor shall execute written agreements with each Contractor with
which it subcontracts to provide services (hereinafter "Implementing
Agency and shall incorporate into such subcontracts the provisions in
Section II.F., Program Requirements, of this Exhibit.
b. The Contractor shall invoice the County for due and payable invoices of
the Implementing Agency or for costs paid by the Contractor for goods,
materials or services already provided. The Contractor shall invoice the
County after the Implementing Agency has invoiced the Contractor. The
Contractor shall include a copy of the Implementing Agency's invoice
with its invoice submitted to the County. The Contractor shall ensure
that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with OMB Circular A -122 or
OMB Circular A -87, as applicable.
C. The Contractor shall monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented
evidence of follow -up actions taken to correct areas of noncompliance.
6. Copyright
If this Contract results in any copyrightable material, King County reserves the
right to royalty -free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
7. Public Information
All marketing materials, news releases and other public notices related to
projects funded under this Agreement shall include information identifying the
source of funds as the King County Community Development Block Grant
Program.
III. COMPENSATION AND METHOD OF PAYMENT
A. The Contractor shall apply the following CDBG funds in accordance with the Line Item
Budget below. The total amount of reimbursement pursuant to this Exhibit shall not
exceed $132,300.
CDBG Funds
lKing County CDBG Funds -South Sub Region $132,300
1 Total CDBG Funds: I $132,300
120 City of Tukwila Page 6 of 8 2012 Contract Exh III
2. Line Item Budget
10
Environmental Review I
2,000
Project Management I
6,500
Office /Operating Supplies I
0
Construction Contracts I
$117,625
Communications I
0
Travel and Training I
0
Lead Based Paint Activities I
5,000
Other Miscellaneous CDBG eligible cost: I
1,175
Total CDBG Funds: 1
$132,300
Billing Invoice Package
The Contractor shall submit a Billing Invoice Package quarterly that consists of
an invoice statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS, of this Exhibit in a format approved by the
County. All required reports shall accompany the invoice statement in order to
receive payment.
C.
2. All required reports must accompany the invoice statement in order to receive
payment. The Contractor shall submit invoices to the County in the form of a
CDBG Program Voucher Reimbursement Request form. Such forms shall be
signed by an authorized representative of the Contractor and shall be
accompanied by copies of supporting documents.
3. The Billing Invoice Package is due within 20 working days after the end of the
first through third quarter 2012 and the first quarter, 2013.
4. The Contractor shall submit an accrual letter on Contractor letterhead for any
unpaid 2012 expenditures by December 14, 2012.
5. The 2012 fourth quarter Billing Invoice Package must be received by close of
business on January 7, 2013.
6. The final 2013 voucher must be submitted no later than May 1, 2013.
Method of Payment
The County shall reimburse the Contractor on a quarterly basis for actual
expenditures in accordance with the Line Item Budget in Section III.A.
2. Payment to the Contractor may be withheld for any quarter in which the
Contractor has not submitted the reports specified in Section IV., REPORTING
REQUIREMENTS, of this Exhibit, or in which said reports are incomplete.
3. The Contractor shall advise the County quarterly of any changes in revenues
from sources other than the County that are used to provide the services
funded under this Exhibit. The Contractor agrees to re- negotiate performance
requirements if the County determines that such changes are substantial.
City of Tukwila Page 7 of 8 2012 Contract Exh III
121
IV. REPORTING REQUIREMENTS
The Contractor shall submit electronically the following data reports in a format and to an
address provided by the County.
A. The Contractor shall submit a completed electronic version of the Environmental
Review Form to the King County Environmental Review Specialist and place a hard
copy with client's applications for repairs in the Contractor's Minor Home Repair
Program file.
B. The Contractor shall submit with each invoice a completed Project Activity Report
Form, in a format provided by the County. Each Project Activity Report shall include a
narrative with an explanation if actual services are less than 90 percent of the
cumulative minimum service requirements as stated in Section II. D.1.and II.D.2. of this
Exhibit.
C. The Contractor shall use the following methods to measure the indicator specified in
Section Il.F.2. of this Exhibit: Number of units completed.
D. The Contractor shall submit with the final invoice a completed Project Funding Report
form itemizing all funding used for the project, in a format provided by the County.
122 City of Tukwila Page 8 of 8 2012 Contract Exh III
12 -021
Council Approval 1/17/12
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES
MOINES, COVINGTON, PACIFIC AND THE CITY OF TUKWILA FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR
HOME REPAIR PROGRAM
THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to
Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac the City
of Des Moines "Des Moines the City of Covington "Covington the City of Pacific
"Pacific and the City of Tukwila "Tukwila hereinafter referred to as "City" or "Cities," to
provide for planning, funding, and implementation of a minor home repair program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County; and
WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities
have the authority to engage in cooperative efforts that will result in more efficient use of
government resources;
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
made herein, it is agreed as follows:
1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement
between the Cities to consolidate the funding process and implementation of a minor home repair
program. This Interlocal will increase the efficiency of administering the program while
decreasing administrative costs.
2. Responsibilities.
A. Tukwila's Duties.
1) Contract and act as the fiscal and administrative agent with King County for
the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila
Covington, Pacific, and SeaTac.
2) Maintain required documentation and prepare required reports for King
County consistent with the County's requirements regarding the use of Community Development
Block Grant funds.
3) Maintain accounts and records that properly reflect transactions related to this
Interlocal.
4) Responsible for reimbursing participating cities and submitting required
paperwork to King County.
Interlocal Agreeement for Minor Home Repair
Page 1 of 15
i OJ5 °y`�
123
5) Responsible for the implementation of the minor home repair program within
Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
6) Review and pay invoices for any services performed in Tukwila pursuant to
this Interlocal.
7) Reimburse SeaTac, Covington, Pacific, and Des Moines on an as received
basis for any invoices received pursuant to this Interlocal.
B. SeaTac's Duties
1) Responsible for the implementation of the minor home repair program within
SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in SeaTac pursuant to
this Interlocal.
3) Remit invoices to Tukwila for reimbursement.
C. Des Moines' Duties
1) Responsible for the implementation of the minor home repair program within
Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Des Moines pursuant
to this Interlocal.
3) Remit invoices to Tukwila for reimbursement.
D. Covina ton's Duties
1) Responsible for the implementation of the minor home repair program within
Covington in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
this Interlocal.
2) Review and pay invoices for any services performed in Covington pursuant to
3) Remit invoices to Tukwila for reimbursement.
E. Pacific's Duties
Interlocal Agreement for Minor Home Repair
Page 2 of 15
124
1) Responsible for the implementation of the minor home repair program within
Pacific in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Pacific pursuant to this
Interlocal.
3) Remit invoices to Tukwila for reimbursement.
F. Cities' Joint Duties
1) Subcontract with an agency /contractors that will perform qualified home
repairs in Tukwila, SeaTac, Covington, Pacific and Des Moines in accordance with King
County's Block .Grant program and applicable city policies.
2) No City shall use more funds than have been annually allocated to it by King
County for a minor home repair program as referenced in Exhibit A. However, if a City is
unable to spend its portion of the funds by the 3 rd quarter of the year for which the funds were
allocated, the Cities may mutually agree to shift those funds to another City that has an on -going
demand for minor home repair.
3) Abide by additional requirements outlined in Exhibit B, attached hereto and
incorporated herein by this reference.
4) The Cities agree to include the following language verbatim in every
subcontract, provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King
County, its officers, employees and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent act or omissions of
subcontractor, its officers, employees, and/or agents in connection with or in support of this
Contract. Subcontractor expressly agrees and understands that King County is a third party
beneficiary to this Contract and shall have the right to bring an action against subcontractor to
enforce the provisions of this paragraph."
5) Duration. This Interlocal shall become effective when it is approved by the
Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor
home repair program.
6) Termination. Any City may terminate this Interlocal without cause by giving
the other Cities a thirty-day written notice. The terminating City shall remain fully responsible
for meeting its funding responsibilities to date up to the point of termination and other
obligations established by this Interlocal through the end of the calendar year in which such
notice is given.
7) Notices. Notices to the Cities shall be sent to the following persons:
Interlocal Agreement for Minor Home Repair
Page 3 of 15
125
City
Contact
SeaTac
Human Services Manager, currently Colleen Brandt Schluter
4800S. 188 Street,
SeaTac, WA 98188
206.973.4815; cbschluter(cbci.seatae.wa.us
Des Moines
Code Enforcement Officer, currently Nancy Uhrich
21630 11 Ave S, Suite D
Des Moines, WA 98198 -6398
206 -870 -6558; nuhrichpdesmoineswa.gov
Covington
Personnel Division/Human Services, currently Victoria Throm
16720 SE 271 Street, Ste. 100
Covington, WA 98042
253 -638 -1110 Ext. 2237; vthrom@acovingtonwa.gov
Pacific
Community Services Director, currently Linda Morris
100 3` Ave SE
Pacific, WA 98047
253 929 -1150; Imonis @ci.pacific.wa.us
Tukwila
Human Services Manager, currently Evelyn Boykan
6200 Southeenter Blvd,
Tukwila, WA 98188
206.433.7180; eboykan@tukwilaWA.gov
8) Indemnification. Each City agrees to indemnify the other City from any
claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation
costs arising out of claims by third parties for breach of contract, property damage, and bodily
injury, including death, caused solely by the negligence or willful misconduct of such City, the
City's employees, affiliated corporations, officers, and lower tier subcontractors in connection
with this Interlocal.
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for
claims of any type brought by any City agent or employee against the other City. This waiver is
specifically negotiated by the parties and a portion of the City's payment hereunder is expressly
made the consideration for this waiver.
9) Insurance. Each City shall procure and maintain in full force throughout the
duration of the Interlocal comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event
that a City is a member of a pool of self insured cities, the City shall provide proof of such
membership in lieu of the insurance requirement above. Such self insurance shall provide
coverage equal to or greater than that required of non -self insurance pool member Cities.
10) Applicable Law. Venue. Attornev's Fees. This Interlocal shall be governed
by and construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties
specifically understand and agree that venue shall be exclusively in King County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
Interlocal Agreement for Minor Home Repair
Page 4 of 15
126
11) Counterparts. This document may be executed in any number of
counterparts, each of which shall be considered an original.
12) Amendment or Modification. This Interlocal may be amended or modified in
writing with the mutual consent of the Cities.
IN WITNESS WHEREOF,
9 day of 4- hrua.ru
J
CITY OF SF A Tj C
By: 1
Todd Cutts, City Manager
Date:G
Attest:
rPrinted Namel
Title:
the undersigned have entered into this Interlocal as of this
1 2012.
App4 As f,Sr.
ark S. Johnssista nt City Attorney
CITY OF DES MOINE
By:
Anthony A asecki, City Manager
As ct r-P rove—A b L G` �ur c 1 i>1
a al z3 J l�
Date:
Attest:
fPrinted N�amel 9z n
Title:
Approved As To Form:
Assistant City Attorney
Interlocal Agreement for Minor Home Repair
Page 5 of 15
CITY OF KWIL
B :6�
Y_
�aggerto
Date: �Id a ll z
Attest: 9 w S' 5rt--
(PrintedNamel A'y'r
Title: le ObA1c
J
Approved As To Form:
(D-, 1" -Eb,—
Shelley M. Kerslake, City Attorney
CITY COVINGTON
By:
Derek Matheson, City Manager
Date: 12 fit
Attest:
rPrint6d Namel 5ef45ZT�
Title:
J
Approved As To Form:
i
Sara p ger, ity A orney
127
CITY OF PACIFIC
By:
ey,eun, Mayor
Date:
Attest: 6 CLA.
[Printed Name] 0)
Title: 11-4
Iler
r e
Albert Akuan, City Attorney
Interlocal Agreement for Minor Home Repair
Page 6 of 15
128
EXHIBIT A
Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home
Repair Program
CALENDAR YEAR 2012
N' 4'
Ame
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-$2
-IT 17.5 U
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Interlocal Agreement for Minor Home Repair
Page 7 of 15
129
EXHIBIT B
CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC AND THE CITY OF
TUKWILA
GENERAL REQUIREMENTS
The following additional requirements apply to each exhibit that is part of this Contract and
funded with federal Community Development Block Grant (CDBG) Program funds.
ADDITIONAL REOUIREMENTS— COMPENSATION AND METHOD OF
PAYMENT
A. Municipal Corporations
If the Agency is a municipal corporation costs for which the Agency requests
reimbursement shall comply with the policies, guidelines and requirements of the
United States Office of Management and Budget (OMB) Circular No. A -87,
"Cost Principles For State, Local and Indian Tribal Governments" and those
sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative
Requirements for Grants and Cooperative Agreements to State, Local and
Federally Recognized Indian Tribal Governments" identified at 24 CFR
570.502(a) Applicability of Uniform Administrative Requirements.
B. Not-for-profit Corporations
If the Agency is a nonprofit corporation, costs for which the Agency requests
reimbursement shall comply with the policies, guidelines and requirements of
OMB Circular No. A� 122, "Cost Principles for Non Profit Organizations," and
the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals and Other Non
Profit Organizations, identified at 24 CFR 570.502 (b), Applicability of Uniform
Administrative Requirements. This subsection shall not apply to an agency that is
identified in this Contract as a Community Based Development Organization
under 24 CFR §570.204(c)(1).
C. Excess Federal Funds
CDBG fiends on hand shall not exceed $5.000 if retained beyond three days unless
written approval is received from the County. Any reimbursement in excess of
the amount required shall be promptly returned to the County.
D. Program Income
Interlocal Agreement for Minor Horne Repair
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130
The Agency shall report the receipt and expenditure of all CDBG Program
Income, as defined in 24 CFR 570.500(a), that is generated under this Contract
for the purposes specified herein or generated through the project(s) funded under
this Contract. All Program Income is to be returned to the County unless the
County specifies that it may be retained by the Agency. If the County authorizes
the Agency to retain the Program Income to continue or benefit a project or
projects, the Agency shall comply with all provisions of the Contract in
expending the funds. This duty to repay the County shall not be diminished or
extinguished by the prior termination of the Contract pursuant to Section XI,
Termination of the Agency Services and Public Entity Services Contracts, or
Section IX, Termination of the Special Projects Contract.
II. ADDITIONAL REOUIREMENTS— MAINTENANCE OF RECORDS
A. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period specified in Section VI, Maintenance
of Records of the Agency Services and Public Entity Services Contracts or
Section V Evaluations, Records and Inspections of the Special Projects Contract
are as follows:
1. Records that are the subject of audit findings, Iitigation, or claims shall be
retained until such findings, litigation or claims have been resolved; and
2. The retention period for real property and equipment records starts from
the date of the disposition, replacement or'transfer at the direction of the
County.
B. Financial Management Records
Financial records shall identify adequately the source and application of funds for
activities within this Contract, in accordance with the provisions of 24 CFR
85.20 and the OMB Circular A -87 for governmental agencies, 24 CFR 84.21
and OMB Circular A -122 for Nonprofit Corporations. These records shall
contain information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays and income.
C. Employment, Records
If the Agency is a municipal corporation, it agrees to maintain the following data
for each of the Agency's operating units funded in whole or in part with CDBG
funds provided under this Contract.
Employment data with such data maintained in the categories prescribed
on the Equal Employment Opportunity Commission's EEO -4 form.
Interlocal Agreement for Minor Home Repair
Page 9 of 15
131
2. Documentation of any actions undertaken to assure equal employment
opportunities to all persons regardless of race, color, national origin, sex or
handicap.
D. Records Regarding Remedy of Past Discrimination
The Agency shall maintain documentation of the affirmative action measures the
Agency has taken to overcome prior discrimination if a court or Housing and
Urban Development (HUD) has found that the Agency has previously
discriminated against persons on the grounds of race, color, national origin or sex
in administering a program or activity funded in whole or in part with CDBG
funds pursuant to 24 CFR Pail 121.
E. Additional Records
The Agency shall maintain separate files for each program exhibit including:
1. Notice of Grant Award;
2. Motions, resolutions or minutes documenting Board or Council actions;
3. Correspondence regarding budget revision requests;
4. Copies of all invoices and reports submitted to the County;
5. Bills for payment;
6. Copies of approved invoices and warrants; and
7. Records documenting that costs reimbursed with funding provided
under this Exhibit are allowable in accordance with the applicable
OMB Circular. Such records include, but are not limited to the
following,
a. Personnel costs payroll time sheets for actual salary and fringe
benefit costs; time sheets shall signed by a supervisor and, if
less than full time, annotated lo document percent of time
charged against this Exhibit.
b. Staff travel documentation of mileage charges for private auto.
C. Copy machine use, postage, telephone use, and office supplies
when these costs are shared with other programs and no invoice
is available, log sheets or annotated invoices.
8. Documentation of the solicitation process used to select vendors and
subcontractors along with original purchase orders and subcontracts.
III. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION AND EOUAL
EMPLOYMENT OPPORTUNITY
Interlocal Agreement for Minor Home Repair
Page 10 of 15
132
A. Additional Federal Nondiscrimination Requirements
The Agency shall comply with all applicable federal laws prohibiting
discrimination, including the following:
Executive Order 11063 as amended by Executive Order 12259 and
implementing regulations at 24 CFR Part 107; and
2. Section 109 of the Housing and Community Development Act of 1974, as
amended 42 United States Code (USC) 5301.
B. Prohibited Discriminatory Actions
The Agency may not, under any program or activity to which this Contract may
apply, directly or through contractual or other arrangements, discriminate on the
grounds of age, color, creed, familial status, marital status, nationality, religion,
race, sex, sexual orientation, or the presence of any, physical, mental or sensory
disability. Discriminatory actions may include, but are not limited to, the
following:
Denying any person access to facilities, services, financial aid or other
benefits provided under the program or activity;
2. Denying any person services due to limited English proficiency;
3. Providing any person with facilities, services, financial aid or other
benefits, which are different, or are provided in a different form from that
provided to others under the program or activity;
4. Subjecting any person to segregated or separate treatment in any facility or
in any matter or process related to receipt of any service or benefit under
the program or activity;
5. Restricting in any way access to or in the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity;
6. Treating any person differently from others in determining whether the
person satisfies any admission, enrollment, eligibility, membership, or
other requirement or condition which individuals must meet in order to be
provided any facilities, services or other benefit provided under the
program or activity, and
7. Denying any person any opportunity to participate in a program or activity
as an employee.
C. Employment Projections
Interlocal Agreement for Minor Home Repair
Page 11 of 15
133
In all solicitations under this Contract, the Agency shall state that all qualified
applicants will be considered for employment. The words "equal opportunity
employer" in advertisements shall constitute compliance with this Section.
IV. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION IN
SUBCONTRACTING PRACTICES
In soliciting subcontractors to supply goods or services for the activities under this
Contract, the Agency shall comply with 24 CFR 85.36(e) as amended if the Agency is a
municipal corporation, and 24 CFR 84.44(b)(1) -(5) if the Agency is a nonprofit
corporation. In accordance with these regulations, the Agency shall take all necessary
affirmative steps to assure Minority and Women Business Enterprise and labor surplus
area firms are used as subcontractors when possible. Affirmative steps shall include the
actions specified in XV E, Small Business and Women Business Enterprise Opportunities
of the Agency Services Contract, or XV D, Small Business and Women Business
Enterprise Opportunities of the Public Entity Services Contract.
V. ADDITIONAL REQUIREMENTS— SUBCONTRACTS AND PURCHASES
A. Debarred Contractors
The Agency shall not make any award at any time to any contractor, which is
debarred, suspended, or excluded from participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension
B. Federal Procurement Requirements
If the Agency is a municipal corporation, it agrees to comply with procurement
requirements specified in 24 CFR 85.36(b) through (g). If the Agency is a
nonprofit corporation, it agrees to comply with procurement requirements
specified in 24 CFR 84.40 through .48. The regulations at 24 CFR 85.36 (b)
through (g) and 24 CFR 84.40 through .84.48, require that all goods and
services, irrespective of cost, be procured using a competitive process.
C. Failure to Comply is Default
Failure by the Agency to require compliance with the above terms and conditions
in subcontracts shall constitute a breach of this Contract.
VI. ADDITIONAL REOUIREMENTS— CONFLICT OF INTEREST
A. No Conflict of Interest
The Agency agrees to abide by the provision of 24CFR 84.42 and 570.611,
which include (but are not limited to) the following.
Interlocal Agreement for Minor Home Repair
Page 12 of 15
134
The Agency shall maintain a written code or standards of conduct that
shall govern the performance of its officer, employees or agents engaged
in the award and administration of contracts supported by federal funds.
2. No employee, officer or agent of the Agency shall participate in the
selection or in the award, or administration of a contract supported by
federal funds if a conflict of interest, real or apparent, would be involved.
3. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG assisted activities, or who are in a
position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest
in any contract, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG assisted activity, either for
themselves or those with whom they have business or immediate family
ties, during their tenure or for a period of one year thereafter. For
purposes of this paragraph, a "covered person" includes any person who is
an employee, agent, consultant, officer, or elected or appointed official of
the County, the Agency or any designated public agency.
B. Copyright
If this contract results in any copyrightable material or inventions, the County
reserves the right to royalty -free, non exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or
materials for governmental purposes.
V11. ADDITIONAL REOUIREMENTS— POLITICAL ACTIVITY PROHIBITED
A. Certification Regarding Lobbying
The Agency certifies, to the best of its knowledge and belief, that no Federal
appropriated funds have been paid or will be paid, by or on behalf of the Agency,
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Agency shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
Interlocal Agreement for Minor Home Repair
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The Agency shall require that the language of this certification be included
in the award documents for all sub awards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative
agreements) and that all subcontractors shall certify and disclose
accordingly.
2. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this
transaction imposed by 31 USC 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10.000 and not more than $100.000 for each such failure.
Vill. ADDITIONAL REOUIREMENTS— EOUIPMENT PURCHASE,
MAINTENANCE AND OWNERSHIP
Disposition of Equipment
If the Agency ceases to use equipment purchased in whole or in part with CDBG funds
for the purpose described in this Contract, or if the Agency wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR
570.502(b)(3)(vi), if the Agency is a nonprofit corporation and 24 CFR 570.502(a) and
24 CFR 85.32(e) if the Agency is a municipal corporation. The Agency agrees that it
will contact the County for instructions prior to disposing, surplusing, encumbering or
transferring ownership of any equipment purchased in whole or in part with federal
funds.
IX. SUPPLANTING
A. Not for Profit Corporation
If the Agency is a nonprofit corporation providing public (human) services under
this Contract with CDBG funds and the Agency received non federal funds from
King County ('local funds or any other source to provide the same services as
those funded herein during the preceding calendar year, the Agency must use the
funds provided herein to pay for units of service this year that are over and above
the level of service provided with local funds during the previous year.
B. Municipal Corporation
If the Agency is a municipal corporation, any federal CDBG Funds made
available under this Contract shall not be utilized by the Agency to reduce or
replace the local financial support currently being provided for the service funded
under this Contract.
X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REOUIREMENTS
Interlocal Agreement for Minor Home Repair
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136
A. Drug -Free Workplace Certification
The Agency certifies that it is in compliance with the Drug -Free Workplace Act
of 1988 (42 USC 701) and regulations set forth at 24 part 24, subpart F.
B. Other Federal Requirements
The absence of mention in this Contract of any other federal requirements which
apply to the award, and expenditure of the federal funds made available by this
Contract is not intended to indicate that those federal requirements are not
applicable to Agency activities. The Agency shall comply with all other federal
requirements relating to the expenditure of federal funds, including but not limited
to: the Hatch Act (5 USC Chapter 15) regarding political activities.
X1. CONSTITUTIONAL PROHIBITION
Funds Not Used for Religious Purposes
In accordance with the First Amendment of the United States Constitution, Article 1,
Section 11 of the Washington State Constitution, and separation of church and state
principles, as a general rule, funds received under this Contract may not be used for
religious activities. The following restrictions and limitations apply to the use of CDBG
funds:
A. An Agency may not engage in inherently religious activities, such as worship,
religious instruction or proselytizing, as part of the assistance funded under this
Contract. If the Agency conducts religious activities, the activities must be
offered separately, in time and location, from the assistance funded under this
Contract, and participation must be voluntary for the beneficiaries of the
assistance; and
B. In performing under this Contract, the Agency shall not discriminate against a
program beneficiary or prospective program beneficiary on the basis of religion or
religious belief.
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