HomeMy WebLinkAboutContract DocuSign Envelope ID: A9D1 C0B5-08AA-434A-B16C-672C54B41 B19 CAG - 17 - 2 0 6
a Department of Community and Human Services
' Community Services Division
King County Housing and Community Development Section
206-263-9097 TTY Relay: 711
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENTJOINT AGREEMENT CITY
CONTRACT 2017
Contractor City of Renton
Project Title CSD-Renton CDBG Program Administration
Contract Amount $ 137,654
Contract Start Date: 01 /01 /2017 Contract End Date 05/31 /2018
Termination Date (where applicable): 12/31 /2018
DUNS No. (if applicable) 092278894 SAM No. (if applicable) 5DC63
Federal Taxpayer I D No. 916001271
THIS CONTRACT No. 5957002 is entered into by KING COUNTY, a political subdivision of the State of
Washington (the "County"), and the City of City of Renton,a Washington municipal corporation (the
"Contractor"), whose address is 1055 South Grady Way, Renton, WA 98055. Use of the term
"Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a
"Contractor" as described in 24 CFR §92.504(c)(4).
WHEREAS, the County is an Urban County recipient of Community Development Block Grant Program
(CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-383 as
amended (HCD Act); HOME Investment Partnership Program (HOME) funds under the National
Affordable Housing Act of 1990 Public Law 101 -625 as amended (NAHA). The County uses CDBG, and
HOME funds for the purpose of carrying out eligible community development and housing activities
under the HCD Act, NAHA, regulations promulgated by the U .S. Department of Housing and Urban
Development (HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR Part 92, 24 CFR Part
576, and adopted County Ordinances. (All CFR references can be found
at http://www.access._gpo._gov/nara/cfr/cfr-table-search .html. All King County code references can be
found at http://www.kin_ countv.gov/council/legislation/kc code.aspx);
WHEREAS, an Urban County CDBG Consortium has been established by CDBG Interlocal Cooperation
Agreements (CDBG ICAs) or joint agreements between the County and certain municipal corporations
(Consortium Cities) within the County covering program years 2017-2019. The CDBG ICAs specify
allocation of CDBG funds by the County to those participating jurisdictions for use in accordance with the
County Consolidated Housing and Community Development Plan (HCD Plan). The HCD Plan has been
adopted by the King County Council, accepted by participating jurisdictions and approved by HUD;
WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and certain
HOME Consortium Cities covering 2017-2019, the terms of which specify allocation of HOME funds by
the County for use in accordance with the HCD Plan which has been adopted by the King County
Council, accepted by participating jurisdictions and approved by HUD;
WHEREAS, the County desires to award certain funds to the Contractor for use as described in this
Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, NAHA, HUD regulations, State laws and/or adopted County ordinances;
Th is form is avai lable i n alternate formats u pon req uest for persons with
disabilities .
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WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County to
undertake such eligible activities, so long as the requirements of the HCD Act, NAHA, HUD Regulations,
State law and County ordinances are adhered to, as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the
Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and
regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of the
following: County ordinance, the HCD Act, NAHA, Revised Code of Washington (RCW) Chapter 39.34,
RCW Chapter 35.21.730 et seq., by the Constitution and the enabling laws of the State of Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to
abide by the provisions of this Contract.
INDEX TO CONTRACT
I. Scope of Contract and Incorporation
of Exhibits
II. Duration of Contract
III. Term of Compliance for Capital
Projects
IV. Future Support
V. Compensation and Method of
Payment
VI. Budget
VII. Equipment Purchase, Maintenance
and Ownership
VIII. Contract Amendments
IX. Internal Control, Accounting Systems
and Audits
X. Maintenance of Records
XI. Evaluations and Inspections
XII. Proprietary Rights
XIII. Corrective Action
XIV. Assignment
XV. Termination
XVI. Entire Contract/Waiver of Default
XVII. Hold Harmless and Indemnification
XVIII. Insurance Requirements - General
XIX. Nondiscrimination and Equal
Employment Opportunity
XX. Subcontracts and Purchases
XXI. Nondiscrimination in subcontracting
Practices
XXII. Conflict of Interest
XXIII. Board of Directors
XXIV. Confidentiality
XXV. Personal Information – Notice of
Security Breach
XXVI. Compliance with the Health Insurance
Portability and Accountability Act of
1996 (HIPPA)
XXVII. Notices
XXVIII. King County Recycled Product
Procurement Policy
XXIX. Services Provided in Accordance with
Law and Rule and Regulation
XXX. Political Activity Prohibited
XXXI. Miscellaneous Provisions
XXXII. Affirmative Marketing
XXXIII. Accessibility for Capital Projects
XXXIV. Labor Standards
XXXV. Employment Opportunities on
Assisted Construction Projects
XXXVI. No Benefit to Owners and Developers
of Assisted Housing
XXXVII. Supplanting
XXXVIII. Drug Free Workplace Certification and
Other Federal Requirements
XXXIX. Constitutional Prohibition
XL. Promissory Note, Deed of Trust and
Covenant
XLI. Anti-Displacement and
Relocation Assistance
XLII. Property Management for Capital
Projects
XLIII. Taxes and Licenses
XLIV. Procedure in the Event of
Casualty/Condemnation for Capital
Projects
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EXHIBITS ATTACHED HERETO
Exhibit Name Amount Fund Source
I. Certificate of Insurance/Endorsements
II. Renton CDBG Program Administration $62,654 CDBG
III. Renton Healthy Housing Activities $75,000 CDBG
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SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS
A. Scope
The Contract between the parties shall consist of the signature page, each
Program/Project Exhibit incorporated into the Contract, all matters and laws incorporated
by reference herein, and any written amendments made in accordance with the provisions
contained herein. The exhibits attached to this Contract as Exhibits I through III are
hereby incorporated by this reference. This Contract supersedes any and all former
agreements regarding projects described in the attached Project/Program Exhibit(s). If
there is a conflict between any of the language contained in this Contract and any of the
language contained in any Project/Program Exhibit in this Contract, the language in this
Contract shall control, unless the parties affirmatively agree to the contrary in a writing that
has been reviewed and approved by the King County Prosecuting Attorney's Office. This
Contract shall govern both:
Service Projects (human service, planning, program administration and micro-
enterprise or supportive services for the homeless); and
Capital Projects (acquisition, improvement, and rehabilitation of real property and
construction or reconstruction of public infrastructure).
The two types of activities may be included in one Contract as separate Project/Program
Exhibit(s) of Services.
B. Mandatory Certifications and Municipal Exemptions from Contract Requirements
The Contractor certifies that it shall comply with the provisions of Sections XX.
Subcontracts and Purchases, XXIII. Board of Directors and XXXI. Miscellaneous
Provisions of this Contract. If the Contractor is a municipal corporation (other than King
County), King County Code (KCC) chapters 12.16, 12.17, 12.18 and 12.19 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 XXVII. Notices.
D. Federal Funds
The term “federal funds” as used herein means CDBG funds and/or HOME funds. The
specific types of funds provided under this Contract are specified in the attached
Project/Program Exhibit(s).
E. Environmental Review
This section applies to all projects using federal funds that are not exempt under 24 CFR
Part 58. Notwithstanding any provision of this Contract, the parties hereto agree and
acknowledge that this Contract does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt of a release of funds, if
applicable, from HUD under 24 CFR Part 58. The parties further agree that the provision
of any funds to the project is conditioned upon King County’s determination to proceed
with, modify or cancel the project based on the results of a subsequent environmental
review. The Contractor shall not spend any funds on physical or choice-limiting actions,
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including property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance. Violation of this provision shall result in
the denial of any funds under this Contract.
Capital Projects using federal funds shall also comply with subsections F, G, H and I.
F. Environmental Policy Act
The County retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities
identified therein. The Contractor shall be solely responsible for the cost of compliance
with all such Federal laws and authorities including the cost of preparing plans, studies,
reports and the publication of notices that may be required. The Contractor and its
subcontractors shall not take any actions inconsistent with 24 CFR Part 58.
G. National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in identified
special flood hazard areas shall be subject to Contractor mandatory purchase of flood
insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub
L. 93-237).
H. Lead Based Paint
The Contractor shall comply with the Lead-Based Paint Poisoning Prevention Act (42
United States Code (USC) 4821-4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 USC 4851-4856), and implementing regulations at 24 CFR Part
35, subparts A, B, J, K, and R. Generally, these laws prohibit the use of lead-based paint
(whenever funds under this Contract are used directly or indirectly for construction,
rehabilitation or modernization of residential structures); require elimination of immediate
lead-based paint hazards in residential structures; and require notification of the hazards
of lead-based paint poisoning to purchasers and tenants of residential structures
constructed prior to 1978.
I. Environmental Justice
The Contractor shall comply with Presidential Executive Order 12898 requiring
identification and mitigation, as appropriate, of disproportionately high and adverse human
health or environmental impacts of programs, policies and activities on minority and/or
low-income populations.
J. Subrecipient Monitoring
First-tier subrecipients shall register in the System for Award Management (SAM),
including obtaining a Dun and Bradstreet Data Universal numbering System (DUNS)
number and maintain the currency of that information. A pass through entity shall be
responsible for determining that subrecipients have current SAM registrations prior to
making subawards and performing periodic checks to ensure that the subrecipients
are updating information as necessary.
Recipients shall require each subrecipient to;
a. Document at the time of the subaward and disbursement of funds, the Federal
Award Identification Number (FAIN), Catalog of Federal Domestic Assistance
(CFDA) number; and
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b. Provide similar identification in their Schedule of Expenditures of Federal Awards
(SEFA) and Form SF-SAC. Additional information, including presentation
requirements for the SEFA and SF-SAC, is provided in Appendix VII of the 2009
Supplement (2CFR Section 176.210).
DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in the
Project/Program Exhibit(s)) or the date of execution of this Contract, whichever is earlier, and
shall terminate on the Termination Date specified in each Project/Program Exhibit, unless
extended to a later date or terminated earlier, pursuant to the terms and conditions of the
Contract.
TERM OF COMPLIANCE FOR CAPITAL PROJECTS
The Contractor shall own and operate the project during the compliance period as defined in
the Program/Project Exhibit.
FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes
no obligation for future support of the activity contracted herein except as expressly set forth in
this Contract
COMPENSATION AND METHOD OF PAYMENT
The County shall reimburse the Contractor only for the approved activities specified in each
Project/Program Exhibit and the reimbursement amount shall not exceed the amount specified
in each Project/Program Exhibit. Reimbursements 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
by the date specified in this subsection, the County shall be relieved of all liability for
payment to the Contractor of the amounts set forth in said invoice or any subsequent
invoice; provided, however, the County may elect to pay any invoice that is not submitted
in a timely manner.
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D. Final Invoice for Capital Projects
Unless provided otherwise in the Project/Program Exhibit(s), the Contractor shall submit
its final invoice, supporting documentation, and all outstanding reports for each
Project/Program Exhibit providing funding for Capital Projects before the End Date
specified in the Project/Program Exhibit(s).
If the Contractor’s final invoices, supporting documentation, and reports are not submitted
by the date specified in this subsection, the County shall be relieved of all liability for
payment to the Contractor of the amounts set forth in said 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 County Funds
After the End Date specified in each Project/Program Exhibit, for individual projects
covered by this Contract, the County shall recapture any unexpended funds
encumbered under this Contract.
During the term of the Contract, the County may, upon mutual agreement, recapture
any unexpended funds for reallocation to other Project/Program activities.
Projects using federal funds shall also comply with the following subsections F, G, and H.
F. Municipal Corporations, State Public Agencies, or Not-for-Profit Corporations
The Contractor shall comply with the policies, guidelines, and requirements of 2 CFR Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, unless otherwise provided in the Project/Program Exhibit(s).
G. Excess Federal Funds
CDBG and/or HOME funds on hand shall not exceed $5,000 if retained beyond three days
unless written approval is received from the County. Any reimbursement in excess of the
amount required shall be promptly returned to the County.
H. Program Income
The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFR
§§ 92.2, 92.503 and 570.504(c) and in the ICAs, generated under this Contract for the
purposes specified herein or generated through the project(s) funded under this Contract.
Program Income is to be reported to the County. Program income shall be returned to the
County unless the County specifies that it may be retained by the Contractor. If the
County authorizes the Contractor to retain the Program Income to continue or benefit a
project(s), the Contractor shall comply with all provisions of this Contract in expending the
funds. This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to Section II. Duration of Contract or Section XV.
Termination.
BUDGET
The Contractor shall apply the funds received from the County under this Contract in
accordance with each Project/Program Exhibit including a line item budget, if applicable, set
forth in each Project/Program Exhibit. The Contractor shall request in writing prior approval
from the County to revise the line item budget when the cumulative amount of transfers from a
line item in any Project/Program Exhibit is expected to exceed ten percent of that line item.
Supporting documents are necessary to fully explain the nature and purpose of the revision,
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and must accompany each request. All budget revision requests in excess of ten percent of a
line item amount shall be reviewed and approved or denied by the County in writing.
EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment Purchase
The Contractor agrees that 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.
B. Maintenance of Equipment
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 Contractor, 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.
F. Disposition of Equipment
Projects using federal funds shall also comply with the following requirement. If the
Contractor ceases to use equipment purchased in whole or in part with CDBG funds for
the purpose described in this Contract, or if the Contractor wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR § 570) and
2 CFR § 200.312. The Contractor agrees that it will contact the County for instructions
prior to disposing of, surplusing, encumbering or transferring ownership of any equipment
purchased in whole or in part with federal funds.
CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are mutually
agreed upon, shall be incorporated by written amendments to this Contract. Budget revisions
approved by the County pursuant to Section VI. Budget are not required to be incorporated by
written amendment.
INTERNAL CONTROL, ACCOUNTING SYSTEMS AND AUDITS
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
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governmental reporting standards as prescribed by the appropriate accounting standards
board.
Audits
A. If the Contractor is a non-profit organization as defined in 2 CFR Part 200, and expends a
total of $750,000 or more in federal financial assistance and has received federal financial
assistance from the County during its fiscal year, then the Contractor shall meet the audit
requirements as described in 2 CFR Part 200 Subpart F.
B. A Contractor, for-profit or non-profit that is not subject to the requirements in SECTION IX.
A. and receives in excess of $100,000 in funds during its fiscal year from the County, shall
provide fiscal year audited financial statements prepared by an independent Certified
Public Accountant or Accounting Firm within nine months subsequent to the close of the
Contractor’s fiscal year (if applicable, see SECTION IX. E.).
C. Non-profit contractors who receive less than $100,000 from the County during their fiscal
year shall provide 1) form 990 within 30 days of its being filed; and 2) a full set of annual
financial statements.
D. For-profit contractors who receive less than $100,000 from the County during their fiscal
year shall provide 1) income tax return within 30 days of its being filed; and 2) a full set of
annual financial statements.
E. A Contractor that is not subject to the requirements in SECTION IX. A. may, in
extraordinary circumstances, request a waiver of audit requirements and, with the review
and upon approval of the County, 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. That 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.
F. 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 IX. Internal Control, Accounting Systems and Audits.
G. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is
14.218. The CFDA number for the HOME program is 14.239. Additional federal and/or
state audit or review requirements may be imposed on the County, and if the Contractor
has CDBG or HOME funds in the Contract, it shall be required to comply with these
requirements.
MAINTENANCE OF RECORDS
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 deemed necessary by the County to ensure proper
accounting for all Contract funds and compliance with this Contract.
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B. Time for Retention of Records
Records required to be maintained in subsection A above shall be maintained for a period
of six years after the termination date, unless a different period for records retention is
specified in the Project/Program Exhibit.
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.
Projects using federal funds shall also comply with subsections D, E, F, G, H, I, J, K, L
and M.
D. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period are as follows: (1) Records that are the subject
of audit findings, litigation, or claims shall be retained until such findings, litigation or
claims have been resolved; and (2) The retention period for real property and equipment
records starts from the date of the disposition, replacement or transfer at the direction of
the County.
E. Financial Management Records
Financial records shall identify adequately the source and application of funds for activities
within this Contract, in accordance with the provisions of 2 CFR 200. These records shall
contain information pertaining to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays and income.
F. Tenant Notification and Relocation Records
If the Contractor is acquiring property with existing tenants, Contractor record keeping for
tenant notification and relocation must comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (The “Uniform Relocation Act”), and
regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
and a separate relocation record for each person, business, organization and farm
operation displaced or in the relocation workload must be kept.
G. Acquisition Records
If the Contractor is using funds under this Contract for property acquisition, the Contractor
must maintain a separate acquisition file for each acquisition process documenting
compliance with Uniform Relocation Act regulations at 49 CFR Part 24, including a notice
of voluntary sale.
H. Beneficiary Records
The Contractor agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried out
under this Contract if required in a Project/Program Exhibit.
I. Labor Standards
If the Contractor is using funds under this Contract for construction work, the Contractor
shall maintain records documenting compliance by all construction contractors with the
labor standards as required under 24 CFR § 570.603 for CDBG funds and 24 CFR §
92.354 for HOME funds.
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J. Other Construction Records
The Contractor and all of its sub contractors shall maintain records and information
necessary to document the level of utilization of state certified small, minority, and
women-owned businesses, and other businesses as subcontractors and suppliers under
this Contract. The Contractor shall also maintain all written quotes, bids, estimates or
proposals submitted by the contractor and any and all businesses seeking to participate in
this Contract. The Contractor shall make such documents available to the County for
inspection and copying upon request.
K. Employment Records
If the Contractor is a municipal corporation or an Agency of the State of Washington, it
agrees to maintain the following data for each of the Contractor’s operating units funded in
whole or in part with CDBG funds provided under this Contract:
Employment data with such data maintained in the categories prescribed on the
Equal Employment Opportunity Commission’s EEO-4 form; and
Documentation of any actions undertaken to assure equal employment opportunities
to all persons regardless of race, color, national origin, sex or handicap.
L. Records Regarding Remedy of Past Discrimination
The Contractor shall maintain documentation of the affirmative action measures the
Contractor has taken to overcome prior discrimination if a court or HUD has found that the
Contractor has previously discriminated against persons on the grounds of race, color,
national origin or sex in administering a program or activity funded in whole or in part with
CDBG funds pursuant to 24 CFR Part 121.
M. Record-Keeping Requirements and Site Visits
The Contractor shall maintain, for at least six years after completion of all work under this
Contract, the following:
Records of employment, employment advertisements, application forms, and other
pertinent data and records related to the Contract for the purpose of monitoring, audit
and investigation to determine compliance with any equal opportunity requirements
set forth in any federal regulations, statutes or rules included or referenced in the
Contract documents;
Records, including written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate on this Contract, and any other
Information necessary to document the actual use of and payments to subcontractors
and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Contractor’s office to
review the foregoing records. The Contractor shall provide every assistance requested by
the County during such visits. In all other respects, the Contractor shall make the
foregoing records available to the County for inspection and copying upon request. If this
Contract involves federal funds, the Contractor shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or referenced
in the contract documents.
EVALUATIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records
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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 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.
PROPRIETARY RIGHTS
A. The parties to this Contract hereby mutually agree that if any patentable or copyrightable
material or article should result from the work described herein, all rights accruing from
such material or article shall be the sole property of the County. The County agrees to and
does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty-free license to
use, according to law, any material or article and use any method that may be developed
as part of the work under this Contract.
B. The foregoing products license shall not apply to existing training materials, consulting
aids, checklists and other materials and documents of the Contractor, which are modified
for use in the performance of this Contract.
C. The foregoing provisions of this section shall not apply to existing training materials,
consulting aids, checklists, and other materials and documents of the Contractor that are
not modified for use in the performance of this Contract.
CORRECTIVE ACTION
A. Default by Contractor
If the County determines that a breach of contract has occurred because 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 agreed to in any Project/Program
Exhibit attached hereto, and if the County deems said breach to warrant corrective action,
the following sequential procedure shall apply.
The County shall notify the Contractor in writing of the nature of the breach.
The Contractor shall submit a plan describing the specific steps being taken to correct
the specified deficiencies (the "corrective action plan"). The corrective action plan
shall be submitted to the County within ten business days from the Contractor's
receipt of the County's notice under this section. The corrective action plan shall
specify the proposed completion date for bringing the Contract into compliance, which
completion date shall not be more than 30 days from the date the County receives
the Contractor's corrective action plan, unless the County, in its sole discretion
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specifies in writing an extension in the number of days to complete the corrective
actions.
The County shall notify the Contractor, in writing, of the County’s determination as to
the sufficiency of the Plan. The County shall have sole discretion in determining the
sufficiency of the Contractor’s corrective action plan.
B. Termination of Contract
In the event that the Contractor does not respond within the appropriate time with a
corrective action plan, or the Contractor’s corrective action plan is determined by the
County to be insufficient, the County may commence termination of this Contract in whole
or in part pursuant to Section XV. Termination Subsection B.
C. County Withholding of Payment
In addition, the County may withhold any payment owed the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed.
D. No Waiver of Other Remedies
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section XV. Termination or other remedies authorized by law.
ASSIGNMENT
The Contractor shall not assign, transfer or subcontract any portion of this Contract or transfer
or assign any claim arising pursuant to this Contract without the prior written consent of the
County. Additional terms for County consent to such assignment, transfer or subcontract may
be described in a Project/Program Exhibit and, where expressly specified in the
Project/Program Exhibit, shall supersede the requirements and limitations of the Section XIV.
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.
TERMINATION
A. Termination for Convenience
This Contract may be terminated by the County without cause, in whole or in part,
prior to the termination date specified in the Project/Program Exhibit, by providing the
Contractor 30 days advance written notice of the termination.
In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or
limited in any way prior to the termination date set forth in the Project/Program
Exhibit, the County may, upon written notification to the Contractor, terminate this
Contract in whole or in part.
If the Contract is terminated as provided above:
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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
The County may terminate this Contract, in whole or in part, upon seven days
advance written notice to the Contractor in the event:
a. The Contractor materially breaches any duty, obligation, or service required
pursuant to this Contract and such breach has not been cured by a corrective
action plan acceptable to the County; or
b. The duties, obligations, or services required herein become impossible, illegal or
not feasible.
If the County terminates the Contract pursuant to this section, the Contractor shall be
liable for damages, including any additional costs of procurement of similar services
from another source.
If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Contractor shall return to the County immediately any funds,
misappropriated or unexpended, which have been paid to the Contractor by the
County.
If County or other expected or actual funding is withdrawn, reduced, or limited in any
way prior to the termination date set forth above in Section II. Duration of Contract,
the County may, upon written notification to the Contractor, terminate this Contract in
whole or in part.
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 purchases 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.
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.
Should such appropriation not be approved, this Contract shall terminate at the close
of the current appropriation.
C. Waiver
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract at law or in equity that either party may have in the event that the obligations,
terms and conditions set forth in this Contract are breached by the other party.
ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the performance of the provisions of this
Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default.
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Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any
other or subsequent breach and shall not be construed to be a modification of the terms of the
Contract unless stated to be such through written approval by the County, which shall be
attached to the original Contract.
HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Contractor is an independent Contractor,
and neither it nor its officers, agents, or employees are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract. The Contractor shall protect, indemnify, defend and save
harmless the County, its officers, agents, and employees from and against any and all
claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor’s
failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying
to the Contractor of work, services, materials, or supplies by Contractor employees or
other suppliers in connection with or support of the performance of this Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the County
all indicated amounts following an audit exception which occurs due to the negligence,
intentional act, and/or failure, for any reason, to comply with the terms of this Contract by
the Contractor, its officers, employees, agents, and/or representatives. This duty to repay
the County shall not be diminished or extinguished by the prior termination of the Contract
pursuant to the Term and Termination section.
C. 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 the Industrial Insurance provisions of Title 51 RCW. In the
event 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.
D. 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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E. Claims shall include, but not be limited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Contract.
G. The indemnification, protection, defense and save harmless obligations contained herein
shall survive the expiration, abandonment or termination of this Agreement.
INSURANCE REQUIREMENTS—GENERAL
A. Insurance Required
By the date of execution of this Contract, the Contractor shall procure and maintain for the
duration of this Contract, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with, the performance of work hereunder
by the Contractor, its agents, representatives, employees and/or
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 contractor/subcontractor as evidence of compliance with
the insurance requirements of this Contract.
The Contractor is responsible for ensuring compliance with all of the insurance
requirements stated herein. Failure by the Contractor, its agents, employees, officers,
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
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:
General Liability
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
Professional Liability, Errors and Omissions Coverage
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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.
Workers’ Compensation
Workers’ Compensation coverage, as required by the Industrial Insurance Act of the
State of Washington, as well as any similar coverage required for this work by
applicable federal or “Other States” state law.
Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers’
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state
funds, the protection provided by the “Stop Gap” endorsement to the general liability
policy.
Property Insurance
Insurance Services Office form number (CP 00 10) covering BUILDING AND
PERSONAL PROPERTY COVERAGE and Insurance Services Office form number
(CP 10 30) CAUSES OF LOSS – SPECIAL FORM or project appropriate equivalent.
National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in
identified special flood hazard areas shall be subject to Contractor mandatory
purchase of flood insurance as required by Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub L. 93-237).
Builder's Risk/Installation Floater
The Contractor shall procure and maintain during the life of the Contract, or until
acceptance of the project by King County, whichever is longer, “All Risk” Builders
Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk
Coverage Form) with ISO form number CP0030 (Causes of Loss—Special Form)
including coverage for collapse, theft and property in transit. The coverage shall
insure for direct physical loss to property of the entire construction project, for 100
percent of the replacement value thereof. The policy shall be endorsed to cover the
interests, as they may appear, of King County, Owner, Contractor and subcontractors
of all tiers with King County listed as a loss payee.
D. Minimum Limits of Insurance—Capital Projects
The Contractor shall maintain limits no less than the following:
Commercial General Liability: $1,000,000 combined single limit per occurrence by
bodily injury, personal injury, and property damage; and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
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Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the
Aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage if the use of motor vehicles is contemplated.
Workers’ Compensation: Statutory requirements of the state of residency.
Stop Gap/Employers Liability: $1,000,000.
Property Insurance: One hundred percent replacement value of funded structure.
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 the construction contractor and
related professionals to procure and maintain insurance against claims for injuries to
persons or damages to property which may arise from, or in connection with the activities
related to this Contract. The Contractor and County shall be named as additional insureds
on liability policies except Workers Compensation and Professional Liability, and as
Named Insureds on Builders Risk policies. The cost of such insurance shall be paid by the
Contractor and/or any of the Contractor’s contractors/ subcontractors. The Contractor
shall maintain limits no less than the following:
Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
Builder's Risk Insurance: One hundred percent replacement cost value.
Workers Compensation: Statutory requirements of the State of residency.
Stop Gap or Employers Liability Coverage: $1,000,000.
F. Minimum Limits of Insurance—Services Agreements: The Contractor shall maintain limits
no less than the following:
Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the aggregate.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
Workers Compensation: Statutory requirements of the State of Residency.
Stop Gap or Employers Liability Coverage: $1,000,000.
Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects
and Services Contracts.
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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:
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.
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.
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.
I. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with an
AM Bests’ rating of no less than A: VIII, or, if not rated with AM Bests, with minimum
surpluses the equivalent of an AM Bests’ surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with
an AM Bests’ rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with appropriate certificates and endorsements,
for approval.
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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 Contractor of the state of Washington
and is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be provided for the self-insured requirements and attached hereto and be
incorporated by reference and shall constitute compliance with this section. If the
certificate of self-insurance does not cover all mandatory requirements, the Contractor
shall provide separate certificates and endorsements that document coverage.
NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Equal Benefits to Employees with Domestic Partners
To the extent prohibited by KCC Chapter 12.19, King County’s “Equal Benefits” (EB)
ordinance, and related administrative rules adopted by the County Executive, as a
condition of a competitive award of a contract valued at $25,000 or more, non-public
Contractors agree not to discriminate in the provision of employee benefits between an
employees with spouses, employees with domestic partners or employees who reside
with legally domiciled members of households during the performance of this Contract.
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 a competitively awarded contract is valued at $25,000 or more, the Contractor shall
complete a Worksheet and Declaration form for County review and acceptance prior to
Contract execution. The EB Compliance forms, KCC Chapter 12.19, and related
administrative rules are incorporated herein by reference. They are also available online
at: http://www.kingcounty.gov/operations/procurement/Services/Equal_Benefits.aspx
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
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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:
Inquire about King County’s Contracting Opportunities Program. King County has
established a Contracting Opportunities Program to maximize the participation of
SCS in the award of King County contracts. The Program is open to all SCS firms
certified by King County Business Development and Contract Compliance (BDCC).
As determined by BDCC and identified in the solicitation documents issued by the
County, the Program will apply to specific contracts. However, for those contracts not
subject to the Program or for which the Contractor elected not to participate in the
Program during the solicitation stage, the Contractor is still encouraged to inquire
voluntarily about available firms. Program materials, including application forms and a
directory of certified SCS firms, are available at the following Web-site
address: http://www.kingcounty.gov/bdcc.
The term “Small Contractors and Suppliers” (SCS) means that a business and the
person or persons who own and control it are in a financial condition which puts the
business at a substantial disadvantage in attempting to compete for public contracts.
The relevant financial condition for eligibility under the Program is set at fifty percent
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of the Federal Small Business Administration (SBA) small business size standards
using the North American Industry Classification System and Owners’ Personal Net
Worth less than $750,000 dollars.
Contact the OMWBE to obtain a list of certified minority-owned and women-owned
business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by Toll
Free telephone (866) 208-1064.
Use the services of available community organizations, consultant groups, local
assistance offices, the County, and other organizations that provide assistance in the
recruitment and placement of small businesses, including SCS firms and minority-
owned and women-owned business enterprises.
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.
The Contractor agrees to provide to persons with disabilities access to programs,
activities and services provided under the Contract or agreement, as required by the
disability access laws as defined by KCC 12.16; and
The Contractor shall not discriminate against persons with disabilities in providing the
work under the Contract. In any subcontracts for the programs, activities and services
under their contract or agreement, the Contractor shall include the requirement that
the subcontractor provide to persons with disabilities access to programs, activities
and services provided under the contract or agreement as required by the disability
access laws as defined by KCC 12.16, that the subcontractor shall not discriminate
against persons with disabilities in providing the work under the Contract and that the
subcontractor shall provide that the County is a third party beneficiary to that required
provision.
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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.
I. Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to
prevent discrimination in any housing-related project under this Contract, which includes
rental housing projects and/or projects that include residential real estate-related
transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601)
and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential
real estate-related transactions include the making or purchasing of loans or the provision
of financial assistance secured by real estate, or the making or purchasing of loans or
financial assistance for the purchasing, constructing, improving, repairing or maintaining of
a dwelling. Rental housing includes any dwelling that is intended for occupancy as a
residence for one or more families by lease, sublease or by grant for a consideration of
the right to occupy Premises not owned by the occupant. In addition, except for projects
located in incorporated jurisdictions, the Contractor shall comply with the applicable
provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the
King County Code, which prohibits practices of housing discrimination against any person
on the basis of age, ancestry, color, disability, marital status, national origin, parental
status, possession of Section 8 housing assistance, race, religion, retaliation, sex, and
sexual orientation.
Projects using federal funds shall also comply with subsections K, L, and M below.
J. Additional Federal Nondiscrimination Requirements
The Contractor shall comply with all applicable federal laws prohibiting discrimination,
including the following:
Presidential Executive Order 11063 as amended and implementing regulations at 24
CFR Part 107;
Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225);
and
Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.
K. Prohibited Discriminatory Actions
Except where expressly authorized by federal law, the Contractor may not, under any
program or activity to which this Contract applies, directly or through contractual or
other arrangements, discriminate on the grounds of age, color, creed, familial status,
marital status, nationality, religion, race, sex, sexual orientation, or the presence of
any, physical, mental or sensory disability. Discriminatory actions may include but are
not limited to the following:
a. Denying any person access to facilities, services, financial aid or other benefits
provided under the program or activity;
b. Denying any person services due to limited English proficiency;
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c. 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;
d. 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;
e. 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;
f. 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;
g. Denying any person any opportunity to participate in a program or activity as an
employee; and
h. Failing to design and construct facilities for first occupancy after January 26,
1993 that are readily accessible to and usable by individuals with disabilities and
failure to remove architectural and communication barriers that are structural in
nature in existing facilities, where such removal can be accomplished without
difficulty and expense.
The Contractor shall not utilize criteria or methods of administration that have the
effect of subjecting individuals to discrimination on the basis of age, color, familial
status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or
sensory disability; or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to individuals
of a particular age, color, familial status, nationality, race, religion, sex, or sexual
orientation; or the presence of any mental, physical, or sensory disability.
The Contractor, in determining the site or location of housing or facilities provided in
whole or in part with funds under this Contract, may not make selections of such site
or location which have the effect of excluding individuals, denying them benefits, or
subjecting them to discrimination on the grounds of age, sex, marital status, familial
status, religion, race, creed, color, sexual orientation, nationality, or the presence of
any sensory, mental or physical disability; or which have the purpose or effect of
defeating or substantially impairing the accomplishment of the objectives of the HCD
Act or of the HUD Regulations.
L. Employment Projections
In all solicitations under this Contract, the Contractor shall state that all qualified
applicants will be considered for employment. The words “equal opportunity employer” in
advertisements shall constitute compliance with this section.
M. No Conflict with Federal Requirements.
As indicated by HUD Notice CPD 04-10, a faith-based organization’s exemption from the
federal prohibition on employment discrimination on the basis of religion, set forth in 42
USC 2000e-1(a), is not forfeited when the organization receives HUD funding. Faith-
based organizations, like any other entity participating in a HUD-funded program, must,
however, comply with all the statutory requirements of that particular HUD-funded
program. Both the CDBG and HOME Programs contain statutory provisions imposing
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non-discrimination requirements on all subrecipients, subgrantees or contractors.
Religious organizations that believe that certain non-discrimination statutory requirements
are substantially burdensome may be entitled to protection under the Religious Freedom
Restoration Act [42 USC4000bb-3, 4000bb-2(1)] which applies to all federal law and its
implementation. Subrecipients, subgrantees, or contractors should be aware that anti-
discrimination provisions of Section 109 of the Housing and Community Development Act
of 1974, Section 282 of the HOME Investment partnership Act may pose questions of
conformance with Title VII of the Civil Rights Act of 1964 and future court rulings could
define more specifically the application of these laws to faith-based organizations. In the
event that a provision of this Contract is deemed to be in actual conflict with federal law,
the conflicting provision in this Contract shall not apply.
SUBCONTRACTS AND PURCHASES
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 XIV. Assignment 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 Subsection XVII. Hold Harmless and Indemnification
Subsection C.
C. Required Contract Terms
The Contractor shall include the applicable provisions of Sections XVIII. Hold Harmless
and Indemnification, XIX. Nondiscrimination and Equal Employment Opportunity, and XX.
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 this Contract and shall have the right to bring an action against
subcontractor to enforce the provisions of this paragraph.”
Projects using federal funds must also comply with subsections D, E, F, G and H.
D. Debarred Contractors
The Contractor certifies that neither the Contractor nor any person or entity with a
controlling interest in the Contractor is under suspension, debarment, voluntary exclusion
or determination of ineligibility from participation in federal assistance programs under
Presidential Executive Order 12549 or 12689, “Debarment and Suspension”. The
Contractor further certifies that neither the Contractor nor any person or entity with a
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controlling interest in the Contractor has any proceeding pending to suspend,
debar, exclude or determine them ineligible from participation in federal assistance
programs under Presidential Executive Order 12549 or 12689.
The Contractor shall not make any award at any time to any contractor, which is debarred,
suspended or excluded, from participation in federal assistance programs under
Presidential Executive Order 12549, “Debarment and Suspension”.
The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to
this agreement have not been disbarred or suspended from federal contract participation.
This may be done by checking the System for Award Management
at https://www.sam.gov, which lists all suspended and debarred entities.
E. Subcontracting Requirements
A Contractor which receives federal funds under this Contract also shall include the
following sections in every subcontract or purchase order for goods and services which
are paid in whole or in part with funds provided under this Contract: Sections V.
Compensation and Method of Payment Subsections F or G and I, XVII. Hold Harmless
and Indemnification Subsection B., XVIII. Insurance Requirements – General Subsection
K., XIX. Nondiscrimination and Equal Employment Opportunity, and XXII. Conflict of
Interest Subsection B. and, if the subcontract is for construction, Sections XXXIV. Labor
Standards and XXXV. Employment Opportunities on Assisted Construction Projects
F. Federal Procurement Requirements
If the Contractor is a municipal corporation or a Contractor of the State of Washington, it
agrees to comply with procurement requirements specified in 24 CFR § 85.36(b) through
(g). If the Contractor is a nonprofit corporation, it agrees to comply with procurement
requirements specified in 24 CFR §§ 84.40 through 84.48 or as otherwise provided in the
Project/Program Exhibit. 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.
G. Federal Bid Guarantee and Bond Requirements
If the Contractor is subcontracting construction work under this Contract, the subcontract
shall require for any construction contracts exceeding $100,000:
A bid guarantee from each bidder equivalent to five percent of the bid price;
A performance bond from the contractor for one hundred percent of the contract
price; and
A payment bond from the contractor for one hundred percent of the contract price.
The Contractor may, at its discretion, require any of these requirements on
construction contracts of less than $100,000. The specific requirements for bid
guarantees and bonds are at 24 CFR § 84.48(c) for nonprofit corporations and 24
CFR § 85.36(h) for municipal corporations and agencies of the State of Washington.
H. Failure to Comply is Default
Failure by the Contractor to require compliance with the above terms and conditions in
subcontracts shall constitute a breach of this Contract.
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NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
Projects using federal funds shall comply with the following requirements:
A. Federal Requirements
In soliciting subcontractors to supply goods or services for the activities under this
Contract, the Contractor shall comply with 24 CFR § 85.36(e) as amended if the
Contractor is a municipal corporation or an Agency of the State of Washington, and 24
CFR § 84.44(b)(1)-(5) if the Contractor is a nonprofit corporation. In accordance with
these regulations, the Contractor shall take all necessary affirmative steps to assure
MWBEs and labor surplus area firms are used as subcontractors when possible.
Affirmative steps shall include those actions specified above in this section of the
Contract.
B. Nondiscrimination in Federally Assisted Construction
The Contractor shall also require compliance with Presidential Executive Order 11246 as
amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for
construction projects over $10,000.
CONFLICT OF INTEREST
A. King County Code Chapter 3.04 Compliance.
The Contractor shall comply with applicable provisions of 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 pursuant to Section XV. Termination and subject the
Contractor to remedies stated therein or otherwise available to the County at law or in
equity. This section shall not apply to a Contractor that is a municipal corporation
which has adopted an employee code of ethics; provided that nothing in this section
is intended to contract away such a Contractor’s obligation to comply with any KCC
Chapter 3.04 provision that applies independent of this Contract.
No Preferential Treatment
The Contractor agrees that it will not attempt to secure preferential treatment in
dealings with the County by offering any valuable consideration, thing of value, or gift,
whether in the form of services, loan, thing, or promise, in any form, to any County
official or employee. The Contractor acknowledges that if it is found to have violated
the prohibition found in this paragraph its current contracts with the County shall be
cancelled and it shall not be able to bid on any County contract for a period of two
years.
Disclosure of Current and Former County Employees
To avoid any actual or potential conflict of interest or unethical conduct:
a. 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.
b. 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
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awarded the Contract. Failure to identify current or former County employees
involved in this Contract may result in termination of this Contract.
c. 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.
B. No Conflict of Interest
The Contractor shall abide by the provision of 2 CFR 200 and 24 CFR § 570.611, if
applicable, and by the following:
The Contractor shall maintain a written code or standards of conduct that shall govern
the performance of its officer, employees or agents engaged in the award and
administration of contracts supported by funds under this Contract;
No employee, director, officer or agent of the Contractor shall participate in the
selection or in the award, or administration of a contract supported by funds under
this contract if a conflict of interest, real or apparent, would be involved. By way of
example, such a conflict would arise if such a person, or his or her employer,
immediate family member or partner has financial or other interest in the entity
selected; and
No covered persons who exercise or have exercised any functions or responsibilities
with respect to any Contract-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 have or obtain a financial interest in any contract, subcontract or agreement
regarding a Contract-assisted activity, either for themselves or those with whom they
have business or immediate family ties, during their tenure and for one year
thereafter. For purposes of this paragraph, "covered persons" includes any person
who is an employee, agent, consultant, officer, or director of the Contractor or the
County.
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).
The Contractor shall have a Board of Directors that shall be comprised of neither
employees nor relatives of employees, officers, or directors of the Contractor. For the
purposes of this section, a relative is defined as husband, wife, father, father-in-law,
mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law,
daughter, daughter-in-law, niece, nephew, grandparent, grandchild, uncle, aunt,
domestic partner and child of domestic partner. In addition, the relatives of a domestic
partner shall be considered relatives to the same extent such relatives would be
included in this section, as if the employee and domestic partner were married.
The Board of Directors shall meet regularly.
The Board of Directors shall cause to be adopted a formal conflict of interest policy for
Board members that complies with the applicable provisions of the Internal Revenue
Code and its 501(C)(3) status, and addresses issues regarding gifts, financial gain,
and improper use of position.
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CONFIDENTIALITY
The Contractor agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law.
PERSONAL INFORMATION – NOTICE OF SECURITY BREACH
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).
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:
Circumstances associated with the breach;
Actions taken by the Contractor to respond to the breach ; and
Steps the Contractor shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
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).
E-mail notice when the Contractor has an e-mail address for the subject persons;
Conspicuous posting of the notice on the Contractor’s web site page, if the Contractor
maintains one; and
Notification to major County-wide media.
G. For purpose of this section, “personal information” means the same as defined in RCW
42.56.590:
An individual’s first name or first initial and last name in combination with any one of
the following data elements, when either the name or the data elements are not
encrypted: social security number; driver’s license number or Washington
identification card number; or
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Account number or credit or debit card number, in combination with any required
security code; access code, or password that would permit access to an individual’s
financial account.
COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 CFR Parts 160 and 164.
A. Obligations and Activities of the Contractor
The Contractor agrees not to use or disclose protected health information other than
as permitted or required by this Contract, HIPAA and the Health Information
Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use
and disclose protected health information only if such use or disclosure, respectively,
is in compliance with each applicable requirement of 45 CFR § 164.504(e). The
Contractor is directly responsible for full compliance with the privacy provisions of
HIPAA and HITECH that apply to business associates.
The Contractor agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity, and
availability of the protected health information that it creates, receives, maintains, or
transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. The
Contractor is directly responsible for compliance with the security provisions of HIPAA
and HITECH to the same extent as the County.
Within two (2) business days of the discovery of a breach as defined at 45 CFR §
164.402 the Contractor shall notify the County of any breach of unsecured protected
health information. The notification shall include the identification of each individual
whose unsecured protected health information has been, or is reasonably believed by
the Contractor to have been, accessed, acquired, or disclosed during such breach; a
brief description of what happened, including the date of the breach and the date of
the discovery of the breach, if known; a description of the types of unsecured
protected health information that were involved in the breach (such as whether full
name, social security number, date of birth, home address, account number,
diagnosis, disability code, or other types of information were involved); any steps
individuals should take to protect themselves from potential harm resulting from the
breach; a brief description of what the Contractor is doing to investigate the breach, to
mitigate harm to individuals, and to protect against any further breaches; the contact
procedures of the Contractor for individuals to ask questions or learn additional
information, which shall include a toll free number, an e-mail address, Web site, or
postal address; and any other information required to be provided to the individual by
the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as
discovered in accordance with the terms of 45 CFR § 164.410. The information shall
be updated promptly and provided to the County as requested by the County.
The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is
known to the Contractor of a use or disclosure of protected health information by the
Contractor in violation of the requirements of this Contract or the law.
The Contractor agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident to the County within
two days of the Contractor knowledge of such event.
The Contractor agrees to ensure that any agent, including a subcontractor, to whom it
provides protected health information received from, or created or received by the
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Contractor on behalf of the County, agrees to the same restrictions and conditions
that apply through this Contract to the Contractor with respect to such information.
The Contractor agrees to make available protected health information in accordance
with 45 CFR § 164.524.
The Contractor agrees to make available protected health information for amendment
and incorporate any amendments to protected health information in accordance with
45 CFR § 164.526.
The Contractor agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received by the
Contractor on behalf of King County, available to the Secretary of the U.S.
Department of Health and Human Services, in a reasonable time and manner for
purposes of the Secretary determining King County’s compliance with HIPAA,
HITECH or this Contract.
The Contractor agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an individual
make a request to the County for an accounting of disclosures of his or her protected
health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly
provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and 45 CFR
§164.528, of disclosures of protected health information that have been made by the
Contractor acting on behalf of the County. The accounting shall be provided by the
Contractor to the County or to the individual, as directed by the County.
To the extent the Contractor is to carry out one or more of the covered entity’s
obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the
requirements of Subpart E that apply to the County in the performance of such
obligations.
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
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.
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.
NOTICES
Whenever this Contract provides for notice to be provided by one party to another, such notice
shall be in writing; and directed to the Chief Executive Officer of the Contractor and the
Director of the County Department of Community and Human Services. Any time within which
a party must take some action shall be computed from the date that said party receives the
notice.
KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
In accordance with King County Code Chapter KCC 18.20 and King County Executive Policy
CON 7-1-2, the Contractor shall use recycled paper for all printed and photocopied documents
related to the submission of this solicitation and fulfillment of the Contract and shall, whenever
practicable, use both sides of the paper.
SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Contractor and any subcontractor agree, when applicable, to abide by the terms of
Chapters 26.44, , 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
InterContractor 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.
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.
All Projects using federal funds shall also comply with the following subsection:
B. Certification Regarding Lobbying
The Contractor certifies, to the best of its knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
Contractor, to any person for influencing or attempting to influence an officer or
employee of any Agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Contractor, a member of Congress, an officer or employee of Congress, or an
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employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the Contractor shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Contractor shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subcontractors shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 USC 1352. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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.
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 or U.S. District for the Western District of
Washington, in Seattle.
AFFIRMATIVE MARKETING
A. Federal Marketing Requirements
Each Contractor must adopt affirmative marketing procedures and requirements for
projects containing five or more housing units funded with CDBG and/or HOME funds.
Affirmative marketing steps consist of actions to provide information and otherwise attract
eligible persons from all racial, ethnic, and gender groups in the housing market area to
the available housing. (The affirmative marketing procedures do not apply to families with
housing assistance provided by the Public Housing Authority or families with tenant based
rental assistance provided with HOME funds.) The County shall annually assess the
Contractor's affirmative marketing program to determine the success of affirmative
marketing actions and any necessary corrective actions.
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B. The affirmative marketing requirements and procedures adopted must include:
Methods for informing the public, owners, and potential tenants about federal fair
housing laws and the use of the Equal Housing Opportunity logotype or slogan in
press releases and solicitations for owners, and written communication to fair housing
and other groups;
Requirements and practices the Contractor must adhere to in order to carry out the
participating jurisdiction's affirmative marketing procedures and requirement (e.g., use
of commercial media, use of community contacts, use of the Equal Housing
Opportunity logotype or slogan, and display of fair housing poster);
Procedures to be used by the Contractor to inform and solicit applications from
persons in the housing market area who are not likely to apply for the housing without
special outreach (e.g., use of community organizations, language interpreters, places
of worship, employment centers, fair housing groups, or housing counseling
agencies);
Records must be kept describing actions taken by the Contractor to affirmatively
market units and records to assess the result of these actions; and
A description of how the Contractor shall assess the success of affirmative marketing
actions and what corrective actions will be taken where affirmative marketing
requirements are not met.
ACCESSIBILITY FOR CAPITAL PROJECTS
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to
this Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 USC
4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A
to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts 101-19 and
subpart 101-19.6 for general type building). When applicable, certain multi-family housing units
designed and constructed for first occupancy after March 13, 1991, with assistance provided
under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part
100 as amended.
LABOR STANDARDS
Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C
below.
A. Davis-Bacon Requirements
For projects assisted with CDBG funds, this Subsection shall not apply to construction or
rehabilitation of residential property consisting of fewer than eight units. For projects
assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental
property consisting of fewer than twelve units.
All construction work funded in whole or in part under this Contract must be performed in
accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5)),
the Copeland "Anti-Kickback" Act, as amended (40 USC 276(c)) and the Contract Work
Hours and Safety Standards Act (40 USC 327 et seq.) as further prescribed at 29 CFR
Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis-Bacon documentation
requirements and regularly submit required documentation to the County, shall maintain
records sufficient to evidence compliance with this section and shall make such records
available for the County’s review upon request.
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A copy of the current Davis-Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over $2,000, except where the project
includes a copy of applicable state prevailing wages that are higher than current Davis-
Bacon wages.
Agencies receiving an award of local funds (HOF, RAHP, HB 2331, Veterans and Human
Services Levy or MIDD funds) or federal funds that do not trigger Davis-Bacon shall
comply with Subsections B and C below:
B. Prevailing Wages
Projects that are not subject to Section A. above, shall pay State residential prevailing
wage rates as a minimum. Projects that are subject to State prevailing wage requirements
of chapter 39.12 RCW shall pay prevailing wages at or above the applicable State
classification rate.
The Contractor shall provide annual certification to the County of its compliance with the
requirements of this section. The Contractor shall additionally maintain records sufficient
to evidence compliance with this section and shall make such records available for the
County’s review upon request.
C. Use of Volunteers
The Contractor shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this Contract.
EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
A. Section 3 Requirements
The work to be performed under this Contract may be subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701u (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B. Section 3 Criteria for Capital Projects
As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 135.38 apply to all
Project/Program Exhibits which meet all three of the following criteria:
The Project/Program Exhibit must include $200,000 or more in total HUD funds from
one or more program years;
The Project/Program Exhibit must include construction or rehabilitation work as a task
that will be funded in full or in part with the HUD funds; and
The construction or rehabilitation work that will be funded must have a contract value,
which exceeds $100,000. Actual contract value of construction or rehabilitation work
is the determining factor, not a cost estimate.
Additionally, Section 3 regulations are applicable to Project/Program Exhibit(s), which do
not initially meet the above criteria but which are amended so as to add funds or change
the activities for which the funds are used. Section 3 regulations do not apply to projects
that include $200,000 or more in HUD funds when the funds are being used for acquisition
and/or professional services only and not for construction or rehabilitation work.
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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 not-for-profit (including a Community
Housing Development Organization when acting as an owner, developer or sponsor) may
occupy a CDBG, HOME, HOF, Regional Affordable Housing Program (RAHP), HB 2331 or
Current Expense (CX)-assisted affordable housing unit in a project. This provision does not
apply to an owner-occupant of single family housing or to an employee or agent of the owner
or developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP,HB 2331
or CX-assisted unit as the project manager or maintenance worker.
SUPPLANTING
Any federal CDBG or Homeless Housing and Services (2163) Funds made available under
this Contract to provide public (human) services shall not be utilized by the Contractor to
reduce or replace the local financial support currently being provided to public (human) service
programs. Homeless Housing and Services funds cannot be used in the place of existing
housing operations or services funds.
DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS
A. Drug-Free Workplace Certification
The Contractor certifies that it is in compliance with the Drug-Free Workplace Act of 1988
(42 U.S.C 701) and regulations set forth at 24 CFR part 24, subpart F.
B. Other Federal Requirements
The absence of mention in this Contract of any other federal requirements that apply to
the award and/or expenditure of the federal funds made available by this Contract is not
intended to indicate that those federal requirements are not applicable to Contractor
activities. The Contractor shall comply with all other federal requirements relating to the
expenditure of federal funds, including but not limited to, the Hatch Act (5 USC Chapter
15) regarding political activities.
CONSTITUTIONAL PROHIBITION
In accordance with the First Amendment of the United States Constitution, Article 1, Section
11 of the Washington State Constitution, and separation of church and state principles, as a
general rule, funds received under this Contract may not be used for religious activities.
Except where otherwise allowed by federal law, the following restrictions and limitations apply
to the use of CDBG and HOME funds:
A. Contractor may not engage in inherently religious activities, such as worship, religious
instruction or proselytization, as part of the assistance funded under this Contract. If the
Contractor conducts religious activities, the activities must be offered separately, in time
and location, from the assistance funded under this Contract, and participation must be
voluntary for the beneficiaries of the assistance;
B. In performing under this Contract, the Contractor shall not discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion or religious belief;
and
C. CDBG and HOME funds may be used to rehabilitate or construct facilities and housing
owned by primarily religious organizations only to the extent those structures are used for
conducting eligible activities consistent with 24 CFR § 570.200, 24 CFR § 92.257, and 24
CFR § 576.23.
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PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Contractor agrees that funding provided under this Contract for the acquisition,
construction, improvement and/or rehabilitation of real property (Premises) owned by the
Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly
execute a promissory note, deed of trust and covenant (if applicable), in a format approved by
the County, if required in a Project/Program Exhibit. The Contractor agrees that for real
property, which is leased by the Contractor and assisted under this Contract, the Contractor
shall obtain a covenant from the owner of the real property in a form approved by the County,
if required in a Project/Program Exhibit.
ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS
The Contractor shall at all times comply with all applicable federal, state, and local laws,
statutes, rules and regulations relating to relocation of those persons and households residing
at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for
the cost of all relocation benefits required by law.
Capital Projects using federal funds shall also comply with the following subsection.
A. Local Funds Only - Local Relocation Guidelines
Projects that include or will include only local county funds (HOF-CX, Veterans and
Human Services Levy, RAHP, 2331, Mental Health, or HIPDD Developmental Disabilities
Funds) for the acquisition, demolition, and or rehabilitation of property that has existing
residential tenants who may be displaced shall provide relocation benefits to all displaced
households. Effective October 1, 2005, the benefit amount for each displaced household
will be $2,462 per household; provided that, if the Joint Recommendations Committee
(JRC) of the King County Consortium adjusts the benefit amount in accordance with King
County Consortium Supplemental Relocation Guidelines based on changes in the
consumer price index, the increased benefit amount shall apply. All tenants selected for
relocation shall be given formal notification regarding the need to relocate with a minimum
of 90 days notice of the date they must relocate, along with information about why they
were selected. Consideration of a longer notice period may be required if the tenant
demonstrates a special circumstance (for instance, health reasons) which would be
alleviated by extending the notice period. A list of all displaced households, including
name, unit number, household size, ethnicity, and monthly gross income shall be provided
to the King County Relocation Specialist along with documentation of all the payments
made to displaced tenants. All relocation costs shall be included in the project
development budget
B. Federal Acquisition and Relocation Requirements:
Implementation of any project provided for in this Contract will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or
farms to the greatest extent feasible.
The Contractor shall comply with the following:
Any acquisition of real property by the Contractor for any activity assisted under this
Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24;
Any displacement of persons, businesses, nonprofit organizations, or farms occurring
as the result of acquisition of real property assisted under this Contract shall comply
with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part 24 as amended,
and the County's Residential Anti-displacement and Relocation Assistance Plan
required by federal regulations at 24 CFR § 570.606(c), and adopted by the County
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Council as part of the HCD Plan. The Contractor shall comply with the Regulations
pertaining to costs of relocation and written policies, as specified by the King County
Residential Anti-displacement and Relocation Assistance Plan; and
When any lower-income dwelling units are demolished or converted to a use other
than a lower-income dwelling unit, in connection with an activity assisted under this
Contract with federal funds, the units must be replaced on a one-for-one basis.
Lower-income dwelling units are defined as a dwelling unit with a market rent
(including utility costs) that does not exceed the applicable Fair Market Rent for
existing housing as established by HUD and published annually, pursuant to 24 CFR
Part 888. The Contractor must comply with the one-for-one replacement of housing
requirements of Section 104(d) of the HCD Act, as amended. The implementing
regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR § 570.606.
PROPERTY MANAGEMENT FOR CAPITAL PROJECTS
The Contractor shall engage in sound property and program management practices and at all
times operate and maintain the Premises in a manner which fully complies with all applicable
federal, state, and local laws, statutes, rules and regulations covering health and safety issues
in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter
amended. The Contractor specifically agrees to comply and pay all costs associated with
achieving such compliance without any notice of requirement or requirements from the
County, and that the County does not waive this section by giving notice of demand for
compliance in any instance.
The Contractor shall throughout the term of this Contract, without cost or expense to the
County, keep and maintain the Premises and all improvements, landscaping, fixtures and
equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition,
and shall, except for reasonable wear and tear, at all times preserve the Premises in good and
safe repair.
If, after 30 days notice from the County, the Contractor fails to maintain or repair any part of
the Premises or any improvement, landscaping, fixtures or equipment thereon, the County
may, but shall not be obligated to, enter upon Premises and perform such maintenance or
repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a
written demand.
TAXES AND LICENSES
The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all
licenses and excise fees covering the ownership and operations of the Premises.
PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL
PROJECTS
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:
Repair or restoration of the real property is feasible and that sufficient funds are
available to complete such work;
After the completion of work, the real property can be feasibly operated within the
restrictions and requirements of the Project/Program Exhibit; and
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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.
C. 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.
IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the
date above written.
KING COUNTY:
FOR
CITY OF RENTON:
King County Executive
Signature
Date Name (Please type or print)
Date
Approved by DCHS Director
Approved as to Form: November 2013,
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
APPROVED AS TO FORM:
ATTEST:
Date
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Denis Law
11/6/2017
11/6/2017
11/6/2017
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9
City of Renton Page 1 of 6 2017 Contract 5957002 - Exh II
EXHIBIT II
CITY OF RENTON
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION (C17251)
Contract No.: 5957002 Project No.: C17251-1128100
King County Project Manager: Kathy Tremper City Contact Person: Dianne Utecht
Start Date: January 1, 2017 Telephone: (425) 430-6655; Fax: (425) 430-6603
End Date: December 31, 2017 Email: Dutecht@Rentonwa.gov
I. WORK STATEMENT
The agency known as the City of Renton (hereinafter referred to as "the Contractor") shall
utilize King County Community Development Block Grant (CDBG) funds to perform the
activities specified below. The Catalog of Federal Domestic Assistance (CFDA) number for the
CDBG Program is 14.218. Federal Award Identification Number (FAIN) is B-17-UC-53000-1.
Such activities shall be provided in a manner fully compliant with all applicable federal, state
and local laws, statutes, rules and regulations, as are now in effect or hereafter may be
amended. The Contractor shall be compensated for the provision of such services in an
amount not to exceed ten percent of the City’s 2017 entitlement share of the King County
Consortium entitlement, or $62,654 in CDBG funds during the Exhibit period January 1, 2017
through December 31, 2017 with an option to increase the amount by an amount equal to ten
percent of the City’s 2017 program income generated during the program year.
II. PROGRAM DESCRIPTION
The Contractor shall undertake, or assist in undertaking, activities which further the
development of viable urban communities, including the provision of decent housing and a
suitable living environment and expanding economic opportunities, principally for persons of
low-and-moderate income, through community renewal and lower income housing assistance
activities, funded from 2017 CDBG funds.
A. Definitions
1. “New stand-alone capital project” means a project that requires the
establishment of a new Housing and Urban Development (HUD) Integrated
Disbursement and Information System (IDIS) activity number, as opposed to an
existing project where supplemental funding is being added.
2. “Stand-alone public service project” means a project that has not been funded
by the sub-regional process utilized by those non-entitlement consortium cities
signing the King County Consortium Interlocal Cooperation Agreement for the
CDBG Program in the applicable program year. The Contractor’s stand-alone
public service project may include more than one subcontract as long as only
one HUD IDIS activity number is required and the Contractor submits all
information, reports and invoices to the County as one project.
B. Program Requirements
The Contractor shall use CDBG funds to plan and administer the Contractor’s CDBG
projects in accordance with the CDBG Consortium Joint Agreement. The Contractor
agrees to perform the following:
1. The Contractor shall cooperate in the development of the Consolidated Housing
and Community Development Plan and related plans.
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2. The Contractor shall bear all responsibility for local annual program planning,
using financial projections that shall be provided by the County. The Contractor
shall ensure that:
a. All selected projects are an eligible activity, meet a national objective,
and are consistent with the Consolidated Plan and all applicable Joint
Recommendations Committee (JRC) policies;
b. Project applications shall be accompanied by records required to
document compliance with CDBG Program Regulations, and
Consolidated Plan policies applicable to each project. Such records
include, but are not limited to, those required by 24 Code of Federal
Regulations (CFR) Part 570.208 to document the national objective for
each project. These records shall be submitted to the County by
October 9, 2017, along with a completed Form No. 1 Summary Sheet
identifying estimated funding amounts for awarded project activities;
c. The public participation requirements are met and documented and
certification of such shall be provided to the County;
d. All requested information by the County shall be submitted in a timely
manner that allows the County enough time to meet HUD timelines;
e. Changes to the local program that require the County to amend budget
amounts and/or submit an amendment to the Annual Action Plan after it
has been submitted to HUD shall only be accepted November through
June. Budget amendments received by the fifth day of the month shall
be effective on the first day of the next month; and
f. The Contractor shall ensure the County receives all required security
documents related to funded capital project activities (this includes non-
profit agencies which have been awarded funds) prior to the execution
of a contract between the awarded agency and the County in order to
incorporate said documents into the contractual agreement.
3. Contractor staff shall implement CDBG-funded human service projects within
the program year and submit both vouchers and required reports to the County
in a complete and timely manner. Prior to the first and last payment on capital
projects, exclusive of Housing Repair and acquisition, pre-approval must be
received from County staff that federal labor requirements have been met.
4. Contractor legislative bodies shall approve or disapprove via motion or
resolution all CDBG activities, locations, and allocations submitted by Joint
Agreement City staff.
5. The Contractor shall monitor performance under any subcontract. Monitoring
shall be completed once every two years at a minimum, and shall include
reviewing subcontracted agencies’ (hereinafter “Implementing Agency”) records
to ensure compliance with the subcontract provisions required under Section
XXIX., SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND
REGULATION, of the Contract, and the record-keeping provisions required
under Section IV.A of each Service Project Exhibit. The Contractor shall submit
a copy of each monitoring report to the County with its Final Voucher Request
of the year monitoring occurs.
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6. Conflict of Interest
a. Interest of Officers, Employees, or Agents - No officer, consultant,
elected or appointed official, employee, or agent of the Contractor who
exercises any functions or responsibilities in connection with the
planning and carrying out of the Block Grant Program, 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
or benefit from a CDBG assisted activity, or have a financial interest in
any contract, subcontract, or agreement with respect to CDBG assisted
activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for one year thereafter.
b. Interest of Subcontractor and Their Employees - The Contractor agrees
that it shall incorporate into every subcontract required to be in writing
and made pursuant to this Exhibit the following provisions:
The Implementing Agency covenants that no person who presently
exercises any functions or responsibilities in connection with the
Community Development Block Grant Program, has any personal
financial interest, direct or indirect, in this Contract. The Implementing
Agency further covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of its services hereunder. The
Implementing Agency further covenants that in the performance of this
Contract no person having any conflicting interest shall be employed.
Any interest on the part of the Implementing Agency or its employees
must be disclosed to the Contractor and the County.
7. 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.
8. Public Information
In all news releases and other public notices related to projects funded under
this Agreement, the Contractor and any subcontracted Contractor shall include
information identifying the source of funds as the King County CDBG
Consortium Program.
9. Separation of Funds
The Contractor shall not use year 2017 funds identified in the Project Budget
above to pay for any costs incurred prior to January 1, 2017, or the date on
which the County’s Environmental Record is complete, whichever date is later.
10. Subcontracted Services
a. In addition to the requirements of Section XX., SUBCONTRACTS AND
PURCHASES, of the Contract, the Contractor shall execute written
agreements with each agency with which it subcontracts to provide
services and shall incorporate into such subcontracts the following
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applicable provisions of this Exhibit: Section II.B., Program
Requirements.
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 the Office of
Management and Budget 2 Code of Federal Regulations (CFR) 200,
SUBPART E – COST PRINCIPLES as applicable.
c. The Contractor shall implement the project within the program year and
submit both vouchers and required reports to the County in a complete
and timely manner but no later than January 15, 2018.
III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Requirements
1. The first, second and third Billing Invoice Package is due within 20 working
days after September 30, 2017.
2. The Contractor shall submit to the County its final invoice in accordance with
Section V., COMPENSATION AND METHOD OF PAYMENT, of the Contract
on a CDBG Program Voucher Reimbursement Request Form provided by the
County. Such forms shall be signed by an authorized representative of the
Contractor.
3. The quarterly voucher invoice shall be accompanied by all reports required by
Section IV., REPORTING REQUIREMENTS, of this Exhibit, which fall due
during the billing period.
B. Method of Payment
The Contractor shall be eligible to be reimbursed up to 75 percent of the total, or
$46,990 for the first, second and third quarters of 2017 and $15,664 for the fourth
quarter of the total Exhibit compensation, subject to the terms in Section V.,
COMPENSATION AND METHOD OF PAYMENT, of the Contract, and the following
terms and conditions.
1. 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.
2. All required reports must accompany the invoice statement in order to receive
payment.
3. An Accrual Letter must be received by December 9, 2017, stating the
anticipated amount of the final invoice.
4. Final voucher reimbursement request shall be submitted by January 15, 2018,
with all required supporting documentation and reports.
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C. The Contractor shall apply the following County funds to the project in accordance with
the Line Item Budget below. The total amount of reimbursement pursuant to this
Exhibit shall not exceed $62,654.
1. CDBG Funds
King County CDBG— 2017 Joint Agreement City Funds,
CDFA 14.218; FAIN B-17-UC-53-000-1
$62,654
Total CDBG Funds $62,654
2. Line Item Budget
Personnel Services (detail below) $62,654
Other $ 0
Total CDBG Funds $62,654
3. Personnel Detail
Position Title Position Full Time
Equivalent
Annual Salary
and Benefits CDBG Funds
Human Services Coordinator 1.0 FTE $113,787 $62,654
Total $62,654
IV. REPORTING REQUIREMENTS
A. Records
In addition to the records required by Section X., MAINTENANCE OF RECORDS, of
the Contract, the Contractor shall maintain files containing the following items for this
project:
1. Motions, resolutions, and minutes documenting City Council actions relating to
the Contractor’s CDBG Pass-through funds;
2. Correspondence regarding Notice To Proceed on CDBG funded activities;
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;
7. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
8. Documentation required by this Contract if any funds provided under this
Exhibit are used to acquire equipment; and
9. Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with 2 CFR 200.405. Such records shall
include, but are not limited to:
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a. Personnel costs, payroll time sheets for actual salary and fringe benefit
costs, time sheets signed by a supervisor and, if less than full time,
annotated to document percent of time charged against this project;
b. Staff travel, documentation of mileage charges for private auto; and
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.
B. Reports
The Contractor shall complete and submit the following reports:
1. A completed Program Accomplishment Form for each quarter in a format
provided by the County.
2. Program requirement reports as follows:
Quarter Milestones
1st Quarter 2017: January–March 2017 Project Completion Forms for
Consolidated Annual Performance and
Evaluation Report (CAPER); JAC HCD Forms 6
and 7
2nd Quarter: April-June Provide 1st Quarter Vouchers, Reports and
Updates;
Deadline for Amendments – May 15, 2017
3rd Quarter: July–September
Due by October 9, 2017
Late September/early October
Provide 2nd Quarter Vouchers, Reports and
Updates;
Provide County with 2018 CDBG allocations,
supporting documents: JAC HCD Forms 0
through 5 for 2018 Action Plan
County to perform site visit – prepare sub-
recipient documentation for Monitoring
4th Quarter: October–December
Due by December 9, 2017
Provide 3rd Quarter Vouchers, Reports and
Updates; Coordinate with County on
Preparation of Updated Consolidated Plan
”Estimated Invoice” for 2017 Administrative and
Public Service expenditures
1st Quarter 2018
Due by January 15, 2018
1) Deadline for final voucher, reports and
Project Monitoring Report(s)
2) 2017 Project Completion Forms for
Consolidated Annual Performance and
Evaluation Report (CAPER); JAC HCD Forms 6
and 7
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EXHIBIT III
CITY OF RENTON
RENTON HEALTHY HOUSING PROGRAM (C17653 - 1127781)
Contract No.: 5957002 Project No.: C17653 - 1127781
King County Project Manager: Randy Poplock Agency Contact Person: Dianne Utecht
Start Date: 07/01/2017 Telephone: 425-430-6655
End Date: 05/31/2018 Email: Dutecht@Rentonwa.gov
I. WORK STATEMENT
The City of Renton (hereinafter referred to as “the Contractor”) agrees to provide funds to
repair approximately seven homes owned by low- to moderate-income households in the City
of Renton, as described in this Exhibit beginning on July 1, 2017, and completing these
services by May 31, 2018. 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 $75,000 in King County Community Development Block Grant
(CDBG) funds. Federal Award Identification Number (FAIN) B14-UC-530001/B15-UC-530001.
II. PROGRAM DESCRIPTION
The Healthy Housing Program will use CDBG funds to address moisture problems, minimize
mold and other moisture related issues.
A. Indicators
The number of unduplicated households who receive Healthy Housing Program repairs
in the City of Renton.
B. Eligibility
1. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2017 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.
2017 HUD INCOME GUIDELINES
Median Family Income = $96,000
Effective April 14, 2017
30% MEDIAN 50% MEDIAN 80% MEDIAN
FAMILY VERY LOW- MODERATE-
SIZE LOWINCOME INCOME INCOME
1 $20,200 $33,600 $50,400
2 $23,050 $38,400 $57,600
3 $25,950 $43,200 $64,800
4 $28,800 $48,000 $72,000
5 $31,150 $51,850 $77,800
6 $33,450 $55,700 $83,550
7 $35,750 $59,550 $89,300
8 $38,050 $63,400 $95,050
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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 are limited to residents of
Renton.
5. Eligible clients must have lived in their home for at least one year, must own
their own home and are not planning to move for at least one year.
C. Definitions
1. Healthy Housing Program will use CDBG funds to address moisture problems,
minimize mold and other moisture related issues.
2. Healthy Housing repair is ventilation work to fix and prevent moisture problems
in specific rooms, and/or roof replacement.
D. Program Requirements
July- Sept
2017
Oct- Dec
2017
Jan- Mar
2018
Apr- May
2018 Total
Number of unduplicated
Housing units
0 2 2 3 7
1. The Contractor shall use CDBG funds to provide Healthy Housing repair
services for low- and moderate-income homeowners in the City of Renton.
Funds shall be focused on addressing moisture problems via ventilation
improvements or installations, and/or roof replacements. The Contractor agrees
to serve, at minimum, the following: unduplicated number of households served
under this Exhibit:
2. The Contractor agrees to provide, at minimum, the following repairs:
July- Sept
2017
Oct- Dec
2017
Jan- Mar
2018
Apr- May
2018 Total
Number of rooms with
ventilation installed or
improved
0 2 4 9 15
Number of roofs
repaired or replaced
0 2 1 0 3
The funds provided under this Exhibit shall be used to pay for the costs
associated with the provision of these units of service.
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3. Environmental Review Records
a. Renton Home Repair (MHR) city staff shall submit a Tier 3 Site Specific
ER Review Request, and Lead Based Paint (LBP) Checklist, as
applicable, to Housing and Community Development staff for every
individual job. Work may not start until HCD staff has replied with a
completed Tier 3 ER approval and notice-to-proceed email.
b. The Tier 3 review includes analysis of Section 106: Historic Preservation
and Archaeology, Contamination and Toxics, and Flood Disaster
Protection Act.
c. CD Coordinator will review and sign off on all Tier 3 Reviews. The HCD
ER Specialist will then transmit the completed ER record to the City with
the official determination as an attachment along with notice-to-proceed
language embedded in the in body of the approval email.
If any mitigation is required, it will be noted in the ER record and in the
email transmittal. The email transmittal is considered the ‘electronic
signature’ by the transmitting party for purposes of moving the process
forward.
4. Lead-Based Paint (LBP) Requirements
a. The 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 along with the Tier 3 ER Request, as
applicable.
b. The Contractor shall procure a neutral third party lead based paint
certified contractor hired specifically to assess LBP threshold
determinations (with the exception of those activities that have been
pre-determined to disturb below di minimus levels of 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.
c. The Contractor shall monitor job completion and LBP clearance of
housing units per Housing Repair LBP standards as set forth in the
Healthy Homes Lead Based Paint requirements and process.
d. 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
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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.
5. Subcontracted Services
a. In addition to the requirements of Section XX. 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.D., 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 Office of Management
and Budget 2 Code of Federal Regulations (CFR) 230 (formerly OMB
Circular A-122) or 2 CFR 225 (formerly 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 City of Renton Community Development Block Grant
Program.
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8. Client Prioritization Process
Clients for Healthy Housing program will come from the current housing repair
assistance clients (low and moderate income). All clients in the housing repair
program receive a housing assessment that documents the condition of the
house, identifying marginal and defective items. Clients with actively leaking
roofs and interior mold and moisture are identified. Clients are given a mold and
moisture severity score (1-10 with 10 being maximum mold and moisture
problems). They are also assessed on whether there is no, inadequate,
marginal or good ventilation present. Generally, those with the highest scores
will be considered for roof and/or ventilation replacement. If there are
insufficient funds to replace a roof, then staff will consider whether ventilation
installation or enhancement will effectively address the moisture issue.
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 $75,000.
1. CDBG Funds
CITY OF RENTON CDBG Funds -
FAIN #B-14-UC-53-0001 $ 65,182
FAIN #B-15-UC-53-0001 $ 9,818
Total CDBG Funds: $ 75,000
2. Line Item Budget
Environmental Review and Lead Based Paint Reviews (KC
Cost Set-Aside)
$ 4,000
Purchased Services $71,000
Sub-Total (Less ER Cost) $71,000
Total CDBG Funds: $75,000
B. Billing Invoice Package
1. 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.
2. All required reports must accompany the invoice statement in order to receive
payment.
3. The Contractor shall submit invoices to the County in the form of a CDBG
Program Voucher Reimbursement Request form. Such forms shall be signed by
an authorized representative of the Contractor and shall be accompanied by
copies of supporting documents.
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4. The final 2017 voucher and reports shall be submitted no later than April 15,
2018.
C. Method of Payment
1. The County shall reimburse the Contractor on a quarterly basis for actual
expenditures in accordance with the Line Item Budget in Section III.A.
2. Payment to the Contractor may be withheld for any invoice 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.
IV. REPORTING REQUIREMENTS
The Contractor shall submit electronically the following data reports in a format and to an
address provided by the County.
A. The Contractor shall maintain a completed Environmental Review Request Form
submitted to the King County Environmental Review Specialist, and place a photocopy
with client's applications for repairs in the Contractor's Healthy Home Program file.
B. The Contractor shall submit with each invoice a completed Project Activity Report
Form, in a format provided by the County.
C. The Contractor shall use the following methods to measure the indicator specified in
Section II.D.1. of this Exhibit: Number of unduplicated households served.
D. The Contractor shall submit with the final invoice a completed Project Funding Report
form itemizing all funding used for the project, in a format provided by the County.
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