HomeMy WebLinkAboutContract CAG-14-092
LIQ Department of Community and Human Services
Community Services.Division
KingCourrty Housing and Community Development Section
(206) 263-9105 TTY Relay: 711
Contractor City of Renton
Project Title City of Renton
Contract Amount$ 22,155
Contract Start Date: 01/01/2014 Contract End Date 11/15/2014
Termination Date (where applicable): 11/15/2014
DUNS No. (if applicable) 092278894 SAM No. (if applicable) 5DC63
Federal Taxpayer ID No. 916001271
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT—2014
THIS CONTRACT No. 5678334 is entered into by KING COUNTY, a political subdivision of the State
of Washington (the"County"), and City of Renton, (the"Contractor"), whose address is 1055 South
Grady Way, Renton, WA 98055. This Contractor is a Municipal corporation of the State of
Washington. Use of the term "Contractor" in this Contract is for ease of reference only and in no
respect signifies that the party is a "Contractor" as described in 24 CFR §92.504(c)(4).
WHEREAS, the County is an Urban County recipient of Community Development Block Grant
Program (CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-
383 as amended (HCD Act); HOME Investment Partnerships Program (HOME)funds under the
National Affordable Housing Act of 1990 Public Law 101-625 as amended (the"NAHA"). The County
allocates Housing Opportunity Funds (HOF), Regional Affordable Housing Program (RAHP) funds,
and Homeless Housing and Services Funds (2163), Homeless Housing Document Recording Fee
Surcharge Revenue (2331), Veterans and Human Service Levy funds and Mental Illness and Drug
Dependency (MIDD) funds to low-income housing development capital, infrastructure investment,
energy efficiency and science, assistance to the unemployed and/or service projects and Current
Expense (CX) funds to housing and community development projects in accordance with adopted
County ordinances. The County uses CDBG, HOME, HOF, RAHP, Veterans and Human Services
Levy funds and/or CX funds for the purpose of carrying out eligible community development and
housing activities under the HCD Act, the NAHA, regulations promulgated by the U.S. Department of
Housing and Urban Development(HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR
Part 92, 24 CFR Part 576, and adopted County Ordinances. (All 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.kingcounty.gov/council/legislation/kc code.aspx);
WHEREAS, an Urban County CDBG Consortium has been established by CDBG Interlocal
Cooperation Agreements (CDBG ICAs) or joint agreements between the County and certain municipal
corporations (Consortium Cities) within the County covering program years 2012-2014.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 2012-2014, the terms of which specify allocation of HOME
This form is available in alternate formats upon request for persons
with disabilities.
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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;
WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County
to undertake such eligible activities, so long as the requirements of the HCD Act, NAHA, HUD
Regulations, State law, and County ordinances are adhered to as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the
Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and
regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of
the following: County ordinance, HCD Act, NAHA, Revised Code of Washington (RCW) Chapter
39.34, RCW Chapter 35.21.730 et seq., the Constitution and the enabling laws of the State of
Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree
to abide by the provisions of this Contract.
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INDEX TO CONTRACT
I. Scope of Contract and Incorporation XXV. Personal Information— Notice of Security
of Exhibits Breach
II. Duration of Contract XXVI. Compliance with the Health Insurance
III. Term of Compliance for Capital Portability and Accountability Act of 1996
Projects (H I PPA)
IV. Future Support XXVII. Notices
V. Compensation and Method of XXVIII. King County Recycled Product
Payment Procurement Policy
VI. Budget XXIX. Services Provided in Accordance with
Law and Rule and Regulation
VII. Equipment Purchase, Maintenance
and Ownership XXX. Political Activity Prohibited
VIII. Contract Amendments XXXI. Miscellaneous Provisions
IX. Internal Control, Accounting Systems XXXII. Affirmative Marketing
and Audits XXXIII. Accessibility for Capital Projects
X. Maintenance of Records XXXIV. Labor Standards
XI. Evaluations and Inspections XXXV. Employment Opportunities on Assisted
XII. Proprietary Rights Construction Projects
XII I. Corrective Action XXXVI. No Benefit to Owners and Developers of
Assisted Housing
XIV. Assignment XXXVII. Supplanting
XV. Termination XXXVIII. Drug Free Workplace Certification and
XVI. Entire Contract/Waiver of Default Other Federal Requirements
XVII. Hold Harmless and Indemnification XXXIX. Constitutional Prohibition
XVIII. Insurance Requirements - General XL. Promissory Note, Deed of Trust and
XIX. Nondiscrimination and Equal Covenant
Employment Opportunity XLI. Anti-Displacement and Relocation
XX. Subcontracts and Purchases Assistance
XXI. Nondiscrimination in subcontracting XLII. Property Management for Capital
Practices Projects
XXII. Conflict of Interest XLIII. Taxes and Licenses
XXIII. Board of Directors XLIV. Procedure in the Event of
Casualty/Condemnation for Capital
XXIV. Confidentiality Projects
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EXHIBITS ATTACHED HERETO
Exhibit Name Amount Fund
Source
I. Certificates of Insurance/Endorsements
II. Renton Meadow Crest Park Playground (C13752) $22,155 CDBG
I. 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 II. 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:
1. Service Projects (human service, planning, program administration and micro-
enterprise or supportive services for the homeless); and
2. Capital Projects (acquisition, improvement, and rehabilitation of real property and
construction or reconstruction of public infrastructure).
The two types of activities may be included in one Contract as separate
Project/Program Exhibit(s) of Services.
B. Mandatory Certifications
The Contractor certifies that it shall comply with the provisions of Sections XIX.
Nondiscrimination and Equal Employment Opportunity, XXII. Conflict of Interest and
XXX. Political Activity Prohibited of this Contract. If the Contractor is a municipal
corporation (other than King County), or Contractor of the State of Washington, King
County Code (KCC) chapters 12.16, 12.17 and 12.18 do not apply to the Contractor,
but may apply to any subcontractor of the Contractor.
C. Contact Person
King County and the Contractor shall each designate a contact person for each
Project/Program Exhibit incorporated in this Contract. All correspondence, reports and
invoices shall be directed to the designated contact person. This provision does not,
however, supplant or override Section 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).
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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 from
HUD under 24 CFR Part 58. The parties further agree that the provision of any funds to
the project is conditioned upon King County's determination to proceed with, modify or
cancel the project based on the results of a subsequent environmental review. The
Contractor shall not spend any funds on physical or choice-limiting actions, including
property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance. Violation of this provision shall result
in the denial of any funds under this Contract.
Capital Projects using federal funds shall also comply with subsections F, G, H and I.
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.
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J. Subrecipient Monitoring
1. First-tier subrecipients shall register in the Central Contractor Registration (CCR),
including obtaining a Dun and Bradstreet Data Universal Numbering System
(DUNS) number and maintain the currency of that information. A pass through
entity shall be responsible for determining that subrecipients have current CCR
registrations prior to making subawards and performing periodic checks to ensure
that the subrecipients are updating information as necessary.
2. Recipients shall require each subrecipient to;
a. Document at the time of the subaward and disbursement of funds, the Federal
award number, Catalog of Federal Domestic Assistance (CFDA) number; and
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).
IL 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.
I11. 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.
IV. 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.
V. 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
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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 last 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.
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
1. After the End Date specified in each Project/Program Exhibit, for individual projects
covered by this Contract, the County shall recapture any unexpended funds
encumbered under this Contract.
2. During the term of the Contract, the County may, upon agreement with the
Contractor, recapture any unexpended funds for reallocation to other
Project/Program activities.
Projects using federal funds shall also comply with the following subsections F, G,
H and L
F Municipal Corporations or State Public Agencies
If the Contractor is a municipal corporation or an agency of the State of Washington,
costs for which the Contractor requests reimbursement shall comply with the policies,
guidelines, and requirements of 2 CFR Part 225, "Cost Principles For State, Local and
Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments" identified at OMB Circular A-102 and 24 CFR
§ 570.502(a) Applicability of Uniform Administrative Requirements, unless otherwise
provided in the Project/Program Exhibit(s).
G. Not-for-profit Corporations
If the Contractor is a not-for-profit corporation, costs for which the Contractor requests
reimbursement shall comply with, unless otherwise provided in the Project/Program
Exhibit(s), the policies, guidelines and requirements of 2 CFR Part 230, "Cost
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Principles for Non-Profit Organizations," and the sections of 24 CFR Part 84, Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations, identified at 2 CFR Part 215
and 24 CFR § 570.502 (b), Applicability of Uniform Administrative Requirements.
H. 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.
I. 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.
VI. BUDGET
The Contractor shall apply the funds received from the County under this Contract in
accordance with each Project/Program Exhibit including a line item budget, if applicable, set
forth in each Project/Program Exhibit. The Contractor shall request in writing prior approval
from the County to revise the line item budget when the cumulative amount of transfers
from a line item in any Project/Program Exhibit is expected to exceed ten percent of that
line item. Supporting documents are necessary to fully explain the nature and purpose of
the revision, and must accompany each request. All budget revision requests in excess of
ten percent of a line item amount shall be reviewed and approved or denied by the County
in writing.
VII. 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 agency, whether federal, state or county, upon written request
of the County.
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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
§ 570.502(b)(3)(vi), if the Contractor is a nonprofit corporation and 24 CFR §
570.502(a) and 24 CFR § 85.32(e) if the Contractor is a municipal corporation or an
agency of the state of Washington. The Contractor agrees that it will contact the
County for instructions prior to disposing of, surplusing of, encumbering or transferring
ownership, of any equipment purchased in whole or in part with federal funds.
Vill. CONTRACT AMENDMENTS
Either party may request changes or an extension to this Contract. Proposed amendments,
which are mutually agreed upon, shall be incorporated by written amendments to this
Contract. Budget revisions approved by the County pursuant to Section VI. Budget are not
required to be incorporated by written amendment.
IX. INTERNAL CONTROL,ACCOUNTING SYSTEM 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
governmental reporting standards as prescribed by the appropriate accounting standards
board.
Audits
A. Not-for-Profit Corporations
1. This subsection A applies to any corporation, trust, association, cooperative or
other organization that: (i) is operated primarily for scientific, educational, service,
charitable or similar purposes in the public interest; (ii) is not organized primarily for
profit; and (iii) uses its net process to maintain, improve or expand its operations.
2. The Contractor shall provide the County with a copy of its applicable IRS Form 990
(Return of Organization Exempt from Tax), IRS Form 1065 (Partnership tax return),
or equivalent when requested.
3. The Contractor shall comply with the specific requirements for independent
financial audits or alternative as follows:
a. A Contractor receiving $500,000 or more in direct or indirect federal funding
from all sources during its fiscal year, including other forms of federal financial
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assistance shall have a single audit or program-specific audit conducted for that
year. Such audit shall be done in accordance with the provisions of the Single
Audit Act Amendments of 1996 as implemented through the Federal Office of
Management and Budget(OMB) Circular A-133, Audits of States, Local
Governments, and Nonprofit Organizations, as revised.
b. A Contractor receiving $300,000 or more from all fund sources during its fiscal
year that is not otherwise subject to the requirements of OMB Circular A-133
shall have a financial statement audit conducted for that year. Such audit shall
be performed by an independent certified public accountant and conducted in
accordance with the American Institute of Certified Public Accountants' (AICPA)
generally accepted auditing standards.
c. A Contractor receiving less than $300,000 from all fund sources during its fiscal
year shall be required to complete a limited scope financial statement/internal
control review as defined by the AICPA and according to AICPA standards. Any
limited scope financial statement/internal control review shall be conducted in
accordance with the AICPS' a Statements on Standards for Attestation
Engagements and shall be performed by an independent certified public
accountant.
4. A Contractor that is not subject to OMB Circular A-133 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.
a. That financial statement audit and any associated management letter show no
reportable conditions or internal control issues; and
b. There has been no turnover in key staff since the beginning of the period for
which the audit was completed.
If the Contractor does not meet the qualifications in Section IX. 4 a. and b. then the
Contractor shall provide a financial statement audit.
5. The Contractor shall provide to the County a copy of the audit report, including any
management letter or official correspondence submitted by the auditor, its response
and corrective action plan for all findings and reportable conditions contained in its
previous audit or any alternative documents required under Section IX. Internal
Control, Accounting Systems and Audits Subsection A. 3. of this Contract. These
documents shall be submitted no later than nine months subsequent to the end of
the Contractor's fiscal year. The documents may be submitted electronically or in
hard copy.
6. If additional federal and/or state audit or review requirements are imposed on the
County during the term of this Contract, the Contractor agrees this Contract may be
amended to require that the Contractor comply with any such additional audit
requirements. Even if this Contract is not amended, the Contractor agrees to
comply with any such additional audit requirements.
7. If the Contractor receives a financial audit, including an A-133 audit, due to
requirements other than stated herein, such audit shall be provided to the County
within the time period identified in Section IX. Internal Control, Accounting Systems
and Audits Subsection A. 4. even if not otherwise required under this section.
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B. 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.
C. 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. The CFDA number for
Recovery Act Fund (CDBG-R) funds is 14.253. Additional federal and/or state audit or
review requirements may be imposed on the County, and if the Contractor has CDBG,
HOME or CDBG-R funds in the Contract, it shall be required to comply with these
requirements.
X. 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.
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 24 CFR § 85.20 and
the OMB Circular A-87 for governmental agencies, 24 CFR § 84.21 and OMB Circular
A-122 for Nonprofit Corporations. These records shall contain information pertaining to
grant awards and authorizations, obligations, unobligated balances, assets, liabilities,
outlays and income.
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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.
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:
1. Employment data with such data maintained in the categories prescribed on the
Equal Employment Opportunity Commission's EEO-4 form; and
2. 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,
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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:
1. Records of employment, employment advertisements, application forms, and other
pertinent data and records related to the Contract for the purpose of monitoring,
audit and investigation to determine compliance with any equal opportunity
requirements set forth in any federal regulations, statutes or rules included or
referenced in the Contract documents; and
2. 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.
XI. EVALUATIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records
The Contractor shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the activities funded under this
Contract. The County shall give advance notice to the Contractor in the case of fiscal
audits to be conducted by the County.
B. Time for Inspection and Retention
The records and documents with respect to all matters covered by this Contract shall
be subject at all times to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years
after the termination date, unless a different period is specified in the Project/Program
Exhibit or 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.
XII. 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 Contractor. The
Contractor agrees to and does hereby grant to the County, irrevocable, nonexclusive,
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and royalty-free license to reproduce, publish or otherwise use, and to authorize others
to use, according to law, any work 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.
XII1. 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.
1. The County shall notify the Contractor in writing of the nature of the breach.
2. 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, specifies in writing an extension in the number of days to
complete the corrective actions.
3. 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 Subsection 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.
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XIV. ASSIGNMENT
The Contractor shall not assign, transfer or subcontract any portion of this Contract or
transfer or assign any claim arising pursuant to this Contract without the prior written
consent of the County. Additional terms for County consent to such assignment, transfer or
subcontract may be described in a Project/Program Exhibit and, where expressly specified
in the Project/Program Exhibit, shall supersede the requirements and limitations of this
Section 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.
XV. TERMINATION
A. Termination for Convenience
1. This Contract may be terminated by the County without cause, in whole or in part,
prior to the termination date specified in the Project/Program Exhibit, by providing
the Contractor 30 days advance written notice of the termination.
2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or
limited in any way prior to the termination date set forth in the Project/Program
Exhibit, the County may, upon written notification to the Contractor, terminate this
Contract in whole or in part.
3. If the Contract is terminated as provided above:
a. The County shall be liable only for payment in accordance with the terms of this
Contract for services rendered prior to the effective date of termination; and
b. The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
B. Termination for Cause
1. The County may terminate this Contract, in whole or in part, upon seven days
advance written notice to the Contractor 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.
2. If the County terminates the Contract pursuant to this Section XV. Termination,
Subsection B. the Contractor shall be liable for damages, including any additional
costs of procurement of similar services from another source.
3. If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Contractor shall return to the County immediately any funds,
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misappropriated or unexpended, which have been paid to the Contractor by the
County.
4. 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.
5. If the Contract is terminated as provided in this Subsection:
a. The County shall be liable only for payment in accordance with the terms of this
Contract for services rendered and authorized purchase made prior to the
effective date of termination; and
b. The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
6. Funding or obligation under this Contract is conditional upon appropriation by the
County Council of sufficient funds to support the activities described in the
Contract. 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.
XVI. 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. 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.
XVII. HOLD HARMLESS AND INDEMNIFICATION
A. Contractor is an Independent Contractor
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, and hold 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
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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. Contractor Agreement to Repay
The Contractor further agrees that it is financially responsible for and shall repay the
County all indicated amounts following an audit exception that 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 Duration of Contract or the Termination
Sections.
C. Contractor Indemnification of County
1. The Contractor shall protect, defend, indemnify and hold 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, contractors, 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 to the County only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of RCW, Title 51. In the event the County incurs any judgment, award
and/or cost arising there from including attorneys' fees to enforce the provisions of
this article, all such fees, expenses, and costs shall be recoverable from the
Contractor. To the extent that a Contractor subcontractor fails to satisfy its
obligation to defend and indemnify King County, as detailed in Section XVII. Hold
Harmless and Indemnification, the Contractor shall protect, defend, indemnify and
hold harmless King County, its officers, employees, and agents from any and all
costs, claims,judgments, and/or awards or damages arising out of, or in any way
resulting from the negligent act or omissions of the Contractor's
contractor/subcontractor, its officers, employees, and/or agents in connection with
or in support of this Contract.
2. 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.
3. The Contractor agrees not to perform any acts that include use or transfer of
software, book, document, report, film, tape, or sound reproduction, or material of
any kind, delivered hereunder, that constitutes an infringement of any copyright,
patent, trademark, trade name and/or otherwise results in unfair trade practice. The
Contractor agrees to indemnify the County for any harm resulting from unfair trade
practices.
4. The provisions in this section shall survive the termination and/or duration of the
contract term.
5. Nothing contained within this provision shall affect and/or alter the application of
any other provision contained within this Contract.
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6. The indemnification, protection, defense and hold harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Contract.
XVIII. 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:
1. General Liability
Insurance Services Office form number(CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
2. Professional Liability, Errors and Omissions Coverage
In the event that services delivered pursuant to this Contract either directly or
indirectly involve or require professional services, Professional Liability, Errors and
Omissions coverage shall be provided. "Professional Services", for the purpose of
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this Contract section, shall mean any services provided by a licensed professional
or those services that require a professional standard of care.
3. Automobile Liability
Insurance Services Office form number(CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or"Other States" state law.
5. Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the"Stop Gap" endorsement to the general
liability policy.
6. Property Insurance
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.
7. 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).
8. Builder's Risk/Installation Floater
The Contractor shall procure and maintain during the life of the Contract, or until
acceptance of the project by King County, whichever is longer, "All Risk" Builders
Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk
Coverage Form) with ISO form number CP0030 (Causes of Loss—Special Form)
including coverage for collapse, theft and property in transit. The coverage shall
insure for direct physical loss to property of the entire construction project, for one
hundred percent of the replacement value thereof. The policy shall be endorsed to
cover the interests, as they may appear, of King County, Owner, Contractor and
subcontractors of all tiers with King County listed as a loss payee.
D. Minimum Limits of Insurance—Capital Projects
The Contractor shall maintain limits no less than the following:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence by
bodily injury, personal injury, and property damage; and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
2. Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the
Aggregate.
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3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage if the use of motor vehicles is contemplated.
4. Workers' Compensation: Statutory requirements of the state of residency.
5. Stop Gap/Employers Liability: $1,000,000.
6. 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:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the
aggregate.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
1 Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
4. Builder's Risk Insurance: One hundred percent replacement cost value.
5. Workers Compensation: Statutory requirements of the State of residency.
6. 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:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the
aggregate.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
4. Workers Compensation: Statutory requirements of the State of Residency.
5. Stop Gap or Employers Liability Coverage: $1,000,000.
Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects
and Services Contracts.
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G. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, the
County. The deductible and/or self-insured retention of the policies shall not apply to
the Contractor's liability to the County and shall be the sole responsibility of the
Contractor.
H. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. All Liability Policies except Professional and Workers Compensation.
a. The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or
on behalf of the Contractor in connection with this Contract. Such coverage
shall include Products-Completed Operations.
b. To the extent of the Contractor's negligence, the Contractor's insurance
coverage shall be primary insurance as respects the County, its officers,
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officers, officials, employees, or agents shall not
contribute with the Contractor's insurance or benefit the Contractor in any way.
c. The Contractor's insurance shall apply separately to each insured against
whom claim is made and/or lawsuit is brought, except with respect to the limits
of the insurer's liability.
2. Property Coverage Policies
a. The County shall be added to all Property Coverage Policies as a loss payee as
its interests may appear.
b. The County shall be added as a Named Insured as its interests may appear to
all Builders Risk policies.
3. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid, until
after 30 days prior written notice has been given to the County.
I. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with
a Bests' rating of no less than A: VIII, or, if not rated with AM Bests, with minimum
surpluses the equivalent of AM Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with AM Bests' rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new
policy, 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 a Contractor of the state of Washington
and is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be provided for the self-insured requirements and attached hereto and
be incorporated by reference and shall constitute compliance with this Section. If the
certificate of self-insurance does not cover all mandatory requirements, the Contractor
shall provide separate certificates and endorsements that document coverage.
XIX. 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
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B. Nondiscrimination in Employment Provision of Services
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of
this Contract, neither the Contractor nor any party subcontracting under the authority of
this Contract shall discriminate or tolerate harassment on the basis of sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
C. Nondiscrimination in Subcontracting Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this
Contract, the Contractor shall not create barriers to open and fair opportunities to
participate in County contracts or to obtain or compete for contracts and subcontracts
as sources of supplies, equipment, construction and services. In considering offers
from and doing business with subcontractors and suppliers, the Contractor shall not
discriminate against any person because of their sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based
upon a bona fide occupational qualification.
D. Compliance with Laws and Regulations
The Contractor shall comply fully with all applicable federal, state and local laws,
ordinances, Presidential Executive Orders and regulations that prohibit discrimination
to the extent applicable. These laws include, but are not limited to, RCW Chapter
49.60, Titles VI and VI I of the Civil Rights Act of 1964, the American with Disabilities
Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16,
12.17 and 12.18 are incorporated herein by reference and the requirements in these
code chapters shall specifically apply to this contract, to the full extent applicable. The
Contractor shall further comply fully with any equal opportunity requirements set forth
in any federal regulations, statutes or rules included or referenced in the contract
documents.
E. Small Contractors and Suppliers and Minority and Women Business Enterprises
Opportunities
King County encourages the Contractor to utilize small businesses, including Small
Contractors and Suppliers (SCS), as defined below, and minority-owned and women-
owned business enterprises certified by the Washington State Office of Minority and
Women's Business Enterprises (OMWBE) in County contracts. The County
encourages the Contractor to use the following voluntary practices to promote open
competitive opportunities for small businesses, including SCS firms and minority-
owned and women-owned business enterprises:
1. Inquire about King County's Contracting Opportunities Program. King County has
established a Contracting Opportunities Program to maximize the participation of
SCS in the award of King County contracts. The Program is open to all SCS firms
certified by King County Business Development and Contract Compliance (BDCC).
As determined by BDCC and identified in the solicitation documents issued by the
County, the Program will apply to specific contracts. However, for those contracts
not subject to the Program or for which the Contractor elected not to participate in
the Program during the solicitation stage, the Contractor is still encouraged to
inquire voluntarily about available firms. Program materials, including application
forms and a directory of certified SCS firms, are available at the following Web-site
address: http://www.kingcounty.gov/bdcc
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The term "Small Contractors and Suppliers" (SCS) means that a business and the
person or persons who own and control it are in a financial condition which puts the
business at a substantial disadvantage in attempting to compete for public
contracts. The relevant financial condition for eligibility under the Program is set at
fifty percent of the Federal Small Business Administration (SBA) small business
size standards using the North American Industry Classification System and
Owners' Personal Net Worth less than $750,000 dollars.
2. Contact OMWBE to obtain a list of certified minority-owned and women-owned
business enterprises by visiting their website at http://www.omwbe.wa.gov/or by
Toll Free telephone (866) 208-1064.
3. Use the services of available community organizations, consultant groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including SCS firms and
minority-owned and women-owned business enterprises.
F. Equal Employment Opportunity Efforts
The Contractor shall undertake equal employment opportunity efforts to ensure that
applicants and employees are treated, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity
or expression or age. The Contractor's equal employment opportunity efforts shall
include but not be limited to, the following; employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeships. The
Contractor agrees to post in conspicuous places available to employees and applicants
for employment notices setting forth this nondiscrimination clause. In accordance with
KCC 12.16.010.j. "equal employment opportunity efforts" shall mean active efforts to
ensure equal opportunity in employment that is free from all forms of discrimination.
G. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section
504) and the American Disabilities Act of 1990 as amended (ADA)
Pursuant to Title II of the ADA and Section 504 the County must not discriminate
against people with disabilities in providing services, programs or activities even if
those services, programs or activities are carried out by contractors. The Contractor
agrees that it shall provide all programs, services and activities to County employees or
members of the public under this Contract in the same manner as King County is
obligated to under Title II of the ADA, and Section 504 and shall not deny participation
or the benefits of such services, programs or activities to people with disabilities on the
basis of such disability. Failure to comply with this section shall be a material breach of,
and grounds for, the immediate termination of this Contract.
1. The Contractor agrees to provide to persons with disabilities access to programs,
activities and services provided under the Contract or agreement, as required by
the disability access laws as defined by KCC 12.16; and
2. The Contractor shall not discriminate against persons with disabilities in providing
the work under the Contract. In any subcontracts for the programs, activities 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
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the work under the Contract and that the subcontractor shall provide that the
County is a third party beneficiary to that required provision.
H. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this section shall be a
material breach of contract for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
1. Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to
prevent discrimination in any housing-related project under this Contract, which
includes rental housing projects and/or projects that include residential real estate-
related transactions, as required by the Federal Fair Housing Act as amended (42 USC
3601) and the Washington State Law Against Discrimination (RCW Chapter 49.60).
Residential real estate-related transactions include the making or purchasing of loans
or the provision of financial assistance secured by real estate, or the making or
purchasing of loans or financial assistance for the purchasing, constructing, improving,
repairing or maintaining of a dwelling. Rental housing includes any dwelling that is
intended for occupancy as a residence for one or more families by lease, sublease or
by grant for a consideration of the right to occupy Premises not owned by the
occupant. In addition, except for projects located in incorporated jurisdictions, the
Contractor shall comply with the applicable provisions of the King County Open
Housing Ordinance, codified at Chapter 12.20 of the King County Code, which
prohibits practices of housing discrimination against any person on the basis of age,
ancestry, color, disability, marital status, national origin, parental status, possession of
Section 8 housing assistance, race, religion, retaliation, sex, and sexual orientation.
Projects using federal funds shall also comply with subsections J, K, L, and M below.
J. Additional Federal Nondiscrimination Requirements
The Contractor shall comply with all applicable federal laws prohibiting discrimination,
including the following:
1. Presidential Executive Order 11063 as amended and implementing regulations at
24 CFR Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and
225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.
K. Prohibited Discriminatory Actions
1. 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:
City of Renton Page 25 of 41 2014 Contract-5678334
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;
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.
2. 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.
3. 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.
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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 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.
XX. 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 Section XVII. Hold Harmless and
Indemnification Subsection C.
C. Required Contract Terms
The Contractor shall include the applicable provisions of Sections XVIII. Insurance
Requirements-General, 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."
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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 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.-q , 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: Section V.
Compensation and Method of Payment Subsections F. or G. and I., Sections XVII.
Hold Harmless and Indemnification Subsection B., XVIII. Insurance Requirements—
General Subsection K., XIX. Nondiscrimination and Equal Employment Opportunity
and XXII. No Conflict of Interest Subsection B. and, if the subcontract is for
construction, Sections XXXIV. Labor Standards and XXXV. Employment Opportunities.
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:
1. A bid guarantee from each bidder equivalent to five percent of the bid price;
2. A performance bond from the contractor for one hundred percent of the contract
price; and
3. 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
City of Renton Page 28 of 41 2014 Contract-5678334
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.
XXI. 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
M/WBEs and labor surplus area firms are used as subcontractors when possible.
Affirmative steps shall include those actions specified above in this section of the
Contract.
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.
XXII. CONFLICT OF INTEREST
A. King County Code Chapter 3.04 Compliance.
1. 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.
2. 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.
3. Disclosure of Current and Former County Employees
To avoid any actual or potential conflict of interest or unethical conduct:
City of Renton Page 29 of 41 2014 Contract-5678334
1
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 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 24 CFR §§ 84.42 and 570.611, if
applicable, and by the following:
1. The Contractor shall maintain a written code or standards of conduct that shall
govern the performance of its officer, employees or agents engaged in the award
and administration of contracts supported by funds under this Contract;
2. No employee, director, officer or agent of the Contractor shall participate in the
selection or in the award, or administration of a contract supported by funds under
this contract if a conflict of interest, real or apparent, would be involved. By way of
example, such a conflict would arise if such a person, or his or her employer,
immediate family member or partner has financial or other interest in the entity
selected; and
3. 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
XXIII. BOARD OF DIRECTORS
A. If the Contractor is incorporated, it must have an active, legally constituted board of
directors in accordance with the requirements of RCW Chapters 23B or 24, to the
extent applicable.
B. The following additional requirements shall apply to the agencies that qualify as non-
profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1,
Section 501(C)(3).
1. The Contractor shall have a Board of Directors that shall be comprised of neither
employees nor relatives of employees, officers, or directors of the Contractor. For
the purposes of this section, a relative is defined as husband, wife, father, father-in-
law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-
law, daughter, daughter-in-law, niece, nephew, grandparent, grandchild, uncle,
City of Renton Page 30 of 41 2014 Contract-5678334
aunt, domestic partner and child of domestic partner. In addition, the relatives of a
domestic partner shall be considered relatives to the same extent such relatives
would be included in this section, as if the employee and domestic partner were
married.
2. The Board of Directors shall meet regularly.
3. The Board of Directors shall cause to be adopted a formal conflict of interest policy
for Board members that complies with the applicable provisions of the Internal
Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts,
financial gain, and improper use of position.
XXIV. 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.
XXV. 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:
1. Circumstances associated with the breach;
2. Actions taken by the Contractor to respond to the breach ; and
3. Steps the Contractor shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
C. The County may at its sole discretion, require the Contractor to contact the appropriate
law enforcement agency and to provide the County a copy of the report of the
investigation conducted by the law enforcement agency. The Contractor shall also
provide the County with any information it has regarding the security breach.
D. The Contractor shall conspicuously display King County's Privacy Notice and provide a
printed copy upon request.
E. The Contractor shall be responsible for notifying individuals whose personal
information may have become available to unauthorized users through a security
breach. The Contractor shall also be responsible for any cost associated with notifying
the affected individuals. This notification must be in accordance with RCW 42.56.590
(7).
F. If the Contractor demonstrates that the cost of providing notice would
exceed $250,000, or that the potentially affected persons exceeds $500,000, or the
Contractor does not have sufficient contact information, substitute notice shall consist
of the following in accordance with RCW 42.56.590 (7), (c).
1. Email notice when the Contractor has an e-mail address for the subject persons;
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2. Conspicuous posting of the notice on the Contractor's web site page, if the
Contractor maintains one; and
3. Notification to major County-wide media.
G. For purpose of this section, "personal information" means the same as defined in RCW
42.56.590:
1. An individual's first name or first initial and last name in combination with any one of
the following data elements, when either the name or the data elements are not
encrypted: social security number; driver's license number or Washington
identification card number; or
2. Account number or credit or debit card number, in combination with any required
security code; access code, or password that would permit access to an individual's
financial account.
XXVI. 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
1. The Contractor agrees not to use or disclose protected health information other
than as permitted or required by this Contract, HIPAA and the Health Information
Technology for Economic and Clinical Health Act(HITECH). The Contractor shall
use and disclose protected health information only if such use or disclosure,
respectively, is in compliance with each applicable requirement of 45 CFR §
164.504(e). The Contractor is directly responsible for full compliance with the
privacy provisions of HIPAA and HITECH that apply to business associates.
2. The Contractor agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives,
maintains, or transmits on behalf of the County as required by 45 CFR, Part 164,
Subpart C. The Contractor is directly responsible for compliance with the security
provisions of HIPAA and HITECH to the same extent as the County.
3. Within two business days of the discovery of a breach as defined at 45 CFR §
164.402 the Contractor shall notify the County of any breach of unsecured
protected health information. The notification shall include the identification of each
individual whose unsecured protected health information has been, or is reasonably
believed by the Contractor to have been, accessed, acquired, or disclosed during
such breach; a brief description of what happened, including the date of the breach
and the date of the discovery of the breach, if known; a description of the types of
unsecured protected health information that were involved in the breach (such as
whether full name, social security number, date of birth, home address, account
number, diagnosis, disability code, or other types of information were involved); any
steps individuals should take to protect themselves from potential harm resulting
from the breach; a brief description of what the Contractor is doing to investigate
the breach, to mitigate harm to individuals, and to protect against any further
breaches; the contact procedures of the Contractor for individuals to ask questions
or learn additional information, which shall include a toll free number, an e-mail
address, Web site, or postal address; and any other information required to be
provided to the individual by the County pursuant to 45 CFR § 164.404, as
City of Renton Page 32 of 41 2014 Contract-5678334
amended. A breach shall be treated as discovered in accordance with the terms of
45 CFR § 164.410. The information shall be updated promptly and provided to the
County as requested by the County.
4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Contractor of a use or disclosure of protected health information by
the Contractor in violation of the requirements of this Contract or the law.
5. The Contractor agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident to the County within
two days of the Contractor knowledge of such event.
6. The Contractor agrees to ensure that any agent, including a subcontractor, to
whom it provides protected health information received from, or created or received
by the Contractor on behalf of the County, agrees to the same restrictions and
conditions that apply through this Contract to the Contractor with respect to such
information.
7. The Contractor agrees to make available protected health information in
accordance with 45 CFR § 164.524.
8. The Contractor agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164.526.
9. The Contractor agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received by
the Contractor on behalf of King County, available to the Secretary of the U.S.
Department of Health and Human Services, in a reasonable time and manner for
purposes of the Secretary determining King County's compliance with HIPAA,
HITECH or this Contract.
10. The Contractor agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an
individual make a request to the County for an accounting of disclosures of his or
her protected health information pursuant to 45 CFR § 164.528, Contractor agrees
to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and
45 CFR §164.528, of disclosures of protected health information that have been
made by the Contractor acting on behalf of the County. The accounting shall be
provided by the Contractor to the County or to the individual, as directed by the
County.
11. To the extent the Contractor is to carry out one or more of the covered entity's
obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the
requirements of Subpart E that apply to the County in the performance of such
obligations.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate HIPAA if done by King County or
the minimum necessary policies and procedures of King County.
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C. Effect of Termination
1. Except as provided in paragraph C.2. of this section, upon termination of this
Contract, for any reason, the Contractor shall return or destroy all protected health
information received from the County, or created or received by the Contractor on
behalf of the County. This provision shall apply to protected health information that
is in the possession of subcontractors or agents of the Contractor. The Contractor
shall retain no copies of the protected health information.
2. In the event the Contractor determines that returning or destroying the protected
health information is infeasible, the Contractor shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible,
the Contractor shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for so
long as the Contractor maintains such protected health information.
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.
XXVII. 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.
XXVIII. 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.
XXIX. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Contractor and any subcontractor agree, when applicable, to abide by the terms of
Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71 A.10, 71 A.14, 71 A.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.
XXX. 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.
City of Renton Page 34 of 41 2014 Contract-5678334
NNW
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:
1. 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.
2. If any funds other than federal appropriated funds have been paid or will be.paid to
any person for influencing or attempting to influence an officer or employee of any
Contractor, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the Contractor shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
The Contractor shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 USC 1352.
Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
XXXI. 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
City of Renton Page 35 of 41 2014 Contract-5678334
prosecuted in King County Superior Court of U.S. District for the Western District of
Washington, in Seattle.
XXXII. 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.
B. The affirmative marketing requirements and procedures adopted must include:
1. 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;
2. 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);
3. 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);
4. Records must be kept describing actions taken by the Contractor to affirmatively
market units and records to assess the result of these actions; and
5. 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.
XXXIII. 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.
XXXIV. LABOR STANDARDS
Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C
below.
City of Renton Page 36 of 41 2014 Contract-5678334
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 pre-
scribed at 29 CFR Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis Bacon
documentation requirements and regularly submit required documentation to the
County shall maintain records sufficient to evidence compliance with this section and
shall make such records available for the County's review upon request.
A copy of the current Davis-Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over$2,000, except where the project
includes a copy of applicable state prevailing wages that are higher than current Davis-
Bacon wages.
Agencies receiving an award of local funds (HOF, RAHP, HB 2331, Veterans and
Human Services Levy or MIDD funds) or federal funds that do not trigger Davis-Bacon
shall comply with Subsections B and C below:
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.
XXXV. 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
1701 u (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:
City of Renton Page 37 of 41 2014 Contract-5678334
1. The Project/Program Exhibit must include$200,000 or more in total HUD funds
from one or more program years;
2. 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
3. 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.
XXXVI. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No Contractor, developer or sponsor(or officer, employee, agent or consultant of the
owner, developer or sponsor)whether private, for profit or nonprofit (including a Community
Housing Development Organization when acting as an owner, developer or sponsor) may
occupy a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy,
MIDD or CX-assisted affordable housing unit in a project. This provision does not apply to
an owner-occupant of single family housing or to an employee or agent of the owner or
developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP, HB
2331, Veterans and Human Services Levy or CX-assisted unit as the project manager or
maintenance worker.
XXXVII. 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.
XXXVIII. 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 USC 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.
XXXIX. 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.
City of Renton Page 38 of 41 2014 Contract-5678334
Except where otherwise allowed by federal law, the following restrictions and limitations
apply to the use of CDBG and HOME funds:
A. 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.
XL. PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Contractor agrees that funding provided under this Contract for the acquisition,
construction, improvement and/or rehabilitation of real property (Premises) owned by the
Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly
execute a promissory note, deed of trust and covenant (if applicable), in a format approved
by the County, if required in a Project/Program Exhibit. The Contractor agrees that for real
property, which is leased by the Contractor and assisted under this Contract, the Contractor
shall obtain a covenant from the owner of the real property in a form approved by the
County, if required in any Project/Program Exhibit.
XLI. 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
City of Renton Page 39 of 41 2014 Contract-5678334
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:
1. 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;
2. Any displacement of persons, businesses, nonprofit organizations, or farms
occurring as the result of acquisition of real property assisted under this Contract
shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part
24 as amended, and the County's Residential Anti-displacement and Relocation
Assistance Plan required by federal regulations at 24 CFR § 570.606(c), and
adopted by the County Council as part of the HCD Plan. The Contractor shall
comply with the Regulations pertaining to costs of relocation and written policies, as
specified by the King County Residential Anti-displacement and Relocation
Assistance Plan; and
3. 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.
XLIL 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.
City of Renton Page 40 of 41 2014 Contract-5678334
**awl ✓
XLI11. 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.
XLIV. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL
PROJECTS
A. In the event that all or any portion of the Premises is taken or conveyed as a result of
any condemnation proceeding or damaged as a result of any casualty, the County and
the Contractor agree that the proceeds of any condemnation or casualty affecting the
Premises shall be made available for the repair or restoration of the real property if the
County and the Contractor in their reasonable judgment agree that:
1. Repair or restoration of the real property is feasible and that sufficient funds are
available to complete such work;
2. After the completion of work, the real property can be feasibly operated within the
restrictions and requirements of the Project/Program Exhibit; and
3. More than two years remain after the completion of the work until the end of this
Contract.
B. The County and the Contractor shall meet as necessary to discuss in good faith the
rebuilding or repair of the real property and reach a decision with respect thereto within
60 days after the occurrence of the casualty or condemnation. If the parties cannot in
good faith agree to repair or restore the real property as provided above, then any
proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first
to satisfy the County's lien. The balance of the proceeds shall be paid to the
Contractor.
IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on
the date above written.
KING COUNTY: CITY OF RENTON:
FOR :�� h3il.- Ly,-
King County ExeciAive Denis Law, Mayo
ATTE T:
1 �F
Date Jaso A. Seth, Deputy City Clerk
-10t
Date
Approved by DCHS Director
Approved as to Form: November 2013
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
City of Renton Page 41 of 41 2014 Contract-5678334
WA
insurance Authority
'. '. t 11
25-Apr-14 Cert#: 8949
King County Housing and Community Development
Attn: Kathy Tremper
401 Fifth Avenue, Suite 510
Seattle, WA 98104
RE: City of Renton
Community Development Block Grant for 2014
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 150 public entities in the State of
Washington.
WCIA has at least$1 million per occurrence limit of liability coverage in its self
insured layer that may be applicable in the event an incident occurs that is deemed to be
attributed to the negligence of the member.
WCIA was created by an interlocal agreement among public entities and liability is self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an additional insured.
Sincerely,
e'l
Eric B. Larson
Deputy Director
cc: Gary Lamb
Dianne Utecht
cletter
City of Renton Page 1 of 1 2014 Contract-5678334-Exh I
EXHIBIT II
CITY OF RENTON
RENTON MEADOW CREST PARK PLAYGROUND
Contract No.: 5678334 Project No.: C13752-1122387
King County Project Manager: Randy Po lock City Contact Person: Todd Black, ASLA
Start Date: 01/01/2014 Telephone: 425.430.6571
End Date: 11/15/2014 Email: tblack@rentonwa.gov
I. WORK STATEMENT
The City known as City of Renton (hereinafter referred to as"the City") agrees to perform all
those activities described in the 2013 Community Development Block Grant(CDBG)
application and is incorporated herein by reference in this Exhibit beginning on January 1,
2014, and be completed by November 15, 2014. 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 $22,155 in King County Development
Block Grant(CDBG) funds. The Catalog of Federal Domestic Assistance (CFDA) number for
the CDBG Program is 14.218.
II. PROGRAM DESCRIPTION
A. Goal
Develop and implement stronger prevention measures to avoid or prevent
homelessness, and create or preserve supportive housing for those who are homeless
or at risk of homelessness to achieve the goal of ending homelessness by improving
the living environment in low and moderate-income neighborhoods/communities in
accordance with jurisdictions' adopted Comprehensive Plans and the Countywide
Planning Policies.
B. Outcome
The community is a healthier and/or safer place to live, and/or has more amenities,
including improved park that will enhance the neighborhood and add eight picnic tables
and installation of 900 square feet of accessible sidewalk for accessibility to a
recreational activity for young children.
C. Indicators
Upon completion of the project, the City will have park improvements that include new
play structures, picnic tables, and benches at the existing park, along with adding an
accessibility ramp from the parking area to the park.
D. Program Requirements
The City shall utilize City of Renton CDBG funds for design, bid documents and
construction, including eight picnic tables, and benches at the existing park, along with
adding 900 square feet of accessible sidewalks to the park. Construction will take place
at 3000 NE 16th Street, Renton, WA 98056.
City of Renton Page 1 of 7 2014 Contract 5678334-Exh 11
lllr►' �r
1. The City shall obtain all necessary and appropriate land use permits, zoning
approvals, and any other permits and approvals required by local, County,
state, and federal law.
2. The City and the County agree to facilitate the completion of the project.
The scope of the services to be performed under this Exhibit consists of the
items listed in the Community Development Block Grant Application submitted
for this funding.
3. Compliance with Federal Environmental Review
a. Endangered Species Act (ESA)
i. The project shall not remove trees or streamside/riparian
vegetation and shall comply with all state and local building
codes and storm water regulations.
ii. The project shall include new play structures, picnic tables, and
benches at the park, along with adding an accessibility ramp
from the parking area to the park. The work shall include
demolition of the existing noncompliant play equipment, grading
of the site, and drainage.
iii. The project shall include construction Best Management
Practices including:
a) Spill prevention, control and containment measures;
b) Installing an oil/water separator that results in cleaner
storm water runoff than currently exists; and
C) Proper staging of construction equipment and materials,
temporary erosion and sediment control (TESC)
measures, native vegetation plantings, and TESC
adaptive management plan to inspect, monitor and
remedy problems during construction.
b. Archaeology
i. A King County Unanticipated Discovery Plan shall be in place for
the duration of the project.
ii. Construction of the project shall not begin until King County has
provided pertinent Renton staff with written materials relating to
archaeological precautions at a pre-construction meeting to be
held prior to the start of construction.
iii. If any archaeological materials are uncovered during
construction, all work in the area shall halt immediately and shall
not commence until King County staff and appropriate Tribes
have been notified and a resolution agreed upon.
City of Renton Page 2 of 7 2014 Contract 5678334-Exh 11
C. Coastal Zone Management Act (CZMA)
The project shall comply with all pertinent CZMA policies, including state
water quality requirements, State Environmental Policy Act, etc., as
needed.
d. The City shall complete a State Environmental Policy Act(SEPA)
Checklist and obtain all necessary permits, if applicable.
4. Public Information
In all news releases and other public notices related to projects funded under
this Agreement, the City shall include information identifying the source of funds
as the King County Community Development Block Grant Program.
5. Labor Standards
The work performed by this Contract is subject to the State's prevailing wage
laws, Chapter 39.12 Revised Code of Washington (RCW). The City is electing
to complete the construction through a force labor account.
6. County Review and Approval of Procurement Documents
a. The City shall prepare all necessary plans, specifications and bid
documents for the project. All specifications and drawings shall be in
conformance with current standards and general specifications set forth
in the CDBG application for this project.
b. The City shall submit a draft of the following procurement documents to
the County for review and approval at least 15 days prior to preparing
the final version and advertising or soliciting responses for any type of
good or service including, but not limited to, professional services and
construction services:
i. Construction bid specifications;
ii. Invitation to bid;
iii. Request for proposals; and
iv. Request for qualifications.
C. The draft procurement documents shall include provisions required in
the contract. The City shall specify the location in the draft procurement
document of each of the required provisions.
d. The City shall not prepare a final version of any of the above documents
and advertise or solicit responses without the written approval of the
County.
7. The City shall appropriately bid, award the contract, and contract for
construction of the project. In such a contract the City shall assume the rights
and responsibilities of owners of the project, except that the County shall
provide funds for the improvement generally described below:
City of Renton Page 3 of 7 2014 Contract 5678334-Exh 11
Design activities, preparation of bid documents and construction, including new
play structures, picnic tables, and benches at the existing park, along with
adding an accessibility ramp from the parking area to the park. The work shall
include demolition of the existing noncompliant play equipment, grading of the
site, and drainage.
8. In the event not all improvements can be made within the project funds, the City
and the County shall jointly determine the priority of the improvements to be
made.
9. Prior to entering into any subcontract under this Contract, the City shall forward
to the County copies of all Contract documents.
10. The City shall designate a person or persons to provide project management
and inspection during construction. The City Project Manager shall make
periodic visits to the construction site during construction to observe the
progress and quality of the construction work and to determine if the results of
the construction work are in accordance with this agreement and the drawings
and specifications of the Construction Documents. On the basis of on-site
observations, the City Project Manager shall endeavor to guard the County and
City against apparent defects and deficiencies in the construction work.
11. The City shall provide documentation to the County at project completion
showing that the project activities were completed in accordance with this
Contract. The City shall provide the County with one set of final record
documents ("As-Built" plans)which are stamped, certified, and signed.
12. Professional Services Procurement
In accordance with Section XXIV.F. of this Contract, specified in 24 CFR §
85.36(b) through (g), the City shall follow an approved professional services
procurement standard and shall pay a"not to exceed" amount established.
13. Construction Project Requirements
a. The City shall not authorize any work under a construction contract
assisted in whole or in part under this Contract to proceed until and
unless King County Housing and Community Development Program
staff have presented each prime and/or sub-contractor with detailed
information regarding compliance with CDBG Program Regulations
including, but not limited to, federal labor standards, at a preconstruction
conference.
b. During the course of construction, the City shall facilitate standing weekly
construction meetings with the assigned City Representative, the prime
contractor, and the assigned King County Project Manager. The King
County Project Manager shall participate in additional project
management duties, as recommended by the City Project Manager.
C. The City shall include in construction bid specifications and construction
contracts assisted in whole or in part under this Contract, provisions
requiring each prime construction contractor to submit a completed King
County Final Affidavit of Amounts Paid to the County. The form, to be
provided by the County, shall be submitted by the City to the County
prior to the City's release of retainage to each prime contractor.
City of Renton Page 4 of 7 2014 Contract 5678334-Exh 11
d. The County shall retain ten percent of the value of funds provided under
this Exhibit. The County shall disburse the retained amount upon the
County's verification that the City has complied with the provisions of
this Contract that are applicable to construction contracts.
e. The City shall implement the project within the proposed timeline and
submit both vouchers and required reports to the County in a complete
and timely manner.
f. Prior to any payment on the project, pre-approval must be received from
County staff that federal labor requirements have been met. If the City
pays before the County approves, the City shall be responsible for any
compliance issues.
g. Weekly timesheets of City employees during time of construction activity
and supporting documents for labor compliance shall be submitted to:
King County Housing and Community Development, c/o Randy Poplock,
401 Fifth Avenue, Suite 510, Seattle, WA 98104 prior to any payment of
CDBG funds. Upon review and approval of said documents, the City
shall be advised by the County that payment can be made.
h. The City shall provide documentation to the County at project completion
showing that the project activities were completed in accordance with
this Exhibit.
i. The selected contractor shall endeavor to incorporate green
construction techniques such as:
i. Recycle concrete for sub base materials;
ii. Use "fly ash" in the concrete and shotcrete mixes;
iii. Use onsite storm water management;
iv. Recycle construction materials such as framework and site
spoils; and
V. Limit the construction area to reduce compaction of existing
landscapes.
E. Records and Reports
The City shall maintain files for this project containing the following items:
1. Documentation demonstrating the City's determination of eligibility for the
project activity and the national objective met per CDBG Program regulations;
2. Notice of Grant Award;
3. Motions, resolutions, or minutes documenting Board or Council actions;
4. A copy of this Exhibit and the County's notice to proceed on this project;
5. Correspondence regarding budget revision requests;
6. Copies of all invoices and reports submitted to the County for this project;
City of Renton Page 5 of 7 2014 Contract 5678334-Exh 11
7. Bills for payment;
8. Copies of approved invoices and warrants;
9. Payroll time sheets for actual salary and fringe benefit costs, time sheets signed
by a supervisor and annotated to document percent of time charged against
this project if less than full time;
10. Documentation, such as log sheets, of copy machine use, postage, telephone
use, and office supplies when these costs are shared with other programs and
no invoice is available, or alternative, annotated invoices may be used to
document charges as appropriate;
11. Documentation of mileage charges for private auto use;
12. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
13. Documentation related to adherence to labor compliance rules and regulations
and report submittal related to such;
14. The City shall submit project status information on a Program Accomplishment
form; and/or
15. The City shall submit detailed project funding information at the completion of
the project on a Completed Project Funding Report form.
I11. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Requirements
1. The City shall submit invoices to the County within ten business days after the
end of each quarter in which the City incurs costs reimbursed under this Exhibit.
The final invoice shall be submitted prior to November 1, 2014.
2. The City shall submit invoices to the County in the form of a CDBG Program
Voucher Reimbursement Request form provided by the County. Such forms
shall be signed by an authorized representative of the City and shall be
accompanied by copies of supporting documents.
3. The County shall retain ten percent of the value of funds provided under this
project Exhibit until all construction activities are completed and labor standards
are met. The County shall disburse the retained amount with the final invoice
upon the County's verification that the City has complied with the provisions of
this Exhibit that are applicable to construction contracts.
4. Voucher reimbursement shall be paid upon the joint approval of the HCD
Project/Program Manager and Davis Bacon Compliance Officer, each verifying
that supporting documentation meets compliance requirements.
B. Method of Payment
The City shall be reimbursed for satisfactory completion of the requirements specified
in this Exhibit in a sum not to exceed $22,155.
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C. The City shall apply the following CDBG funds to the project in accordance with the
Line Item Budget Summary below.
1. CDBG Funds
King County Community Development Block Grant—
Funds— Renton Joint Agreement City 2013 Funds $22,155
Total CDBG Funds: CFDA 14.218 $22,155
2. Line Item Budget
Item 2013 Total Funds
CDBG Funds
Construction Contract $ 22,155 $22,155
Total Project Budget: $ 22,155 $22,155
D. Project Milestones
1. Proof of meeting accomplishments or milestones shall be submitted with each
voucher for reimbursement. Milestones may be amended from time to time with
the prior approval of the County through a Contract amendment.
2. The City shall implement the project in accordance with the following schedule.
Milestones Projected Completion
Date
Environmental Review Complete December 12, 2013
Design Complete Aril 1, 2014
Bid Opening N/A
Preconstruction Conference N/A
Construction 50% Complete Aril 15, 2014
Construction Complete May 16, 2014
Closing Documentation Submitted August 15, 2014
Labor Standards Reviewed and Accepted Release
Retaina a N/A
Project Completion Report Filed w/HCD Staff August 15, 2014
Project Closed November 15, 2014
IV. REPORTING REQUIREMENTS
A. The City shall submit a Program Accomplishment form in a format provided by the
County within ten business days after the end of each quarter.
B. The City shall submit a Completed Project Funding Report form in a format provided by
the County with the final invoice.
City of Renton Page 7 of 7 2014 Contract 5678334-Exh 11