HomeMy WebLinkAboutContract
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
CAG-15-214
Department of Community and Human Services
Community Services Division
Housing and Community Development Section
206-263-9097 TTY Relay: 711
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENTJOINT AGREEMENT CITY
CONTRACT—2015
ContractorCity of Renton
Project TitleJoint City Agreement -2015
Contract Amount $182,996
Contract Start Date: 01/01/2015Contract End Date12/31/2016
Termination Date (where applicable): 12/31/2017
DUNS No. (if applicable)092278894SAMNo. (if applicable)5DC63
Federal Taxpayer ID No. 916001271
THIS CONTRACT No. 5764035is entered into by KING COUNTY, a political subdivision of the State of
Washington (the "County"), andthe City of City of Renton,a Washington municipal corporation (the
“Contractor”), whose address is 1055 South Grady Way, Renton, WA 98055. Use of the term
"Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a
"Contractor" as described in 24 CFR §92.504(c)(4).
WHEREAS, the County is an Urban County recipient of Community Development Block Grant Program
(CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-383 as
amended (HCD Act); HOME Investment Partnership Program (HOME) funds under the National
Affordable Housing Act of 1990 Public Law 101-625 as amended (NAHA). The County uses CDBG, and
HOME funds for the purpose of carrying out eligible community development and housing activities
under the HCD Act, NAHA, regulations promulgatedby 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 2015-2017. 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 2015-2017, the terms of which specify allocation of HOME funds by
the County for use in accordance with the HCD Plan which has been adopted by the King County
Council, accepted by participating jurisdictions and approved by HUD;
WHEREAS, the County desires to award certain funds to the Contractor for use as described in this
Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, NAHA, HUD regulations, State laws and/or adopted County ordinances;
This form is available in alternate formats upon request for persons with
disabilities.
City of RentonPage 1of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County to
undertake such eligible activities, solong as the requirements of the HCD Act, NAHA, HUD Regulations,
State law and County ordinances are adhered to, as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the
Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and
regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of the
following:County ordinance, the HCD Act, NAHA, Revised Code of Washington (RCW) Chapter 39.34,
RCW Chapter 35.21.730 et seq., by the Constitution and the enabling laws of the State of Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, andagreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to
abide by the provisions of this Contract.
INDEX TO CONTRACT
I.Scope of Contract and Incorporation
XXV.Personal Information –Notice of
of Exhibits
Security Breach
II.Duration of Contract
XXVI.Compliance with the Health Insurance
III.Term of Compliance for Capital Portability and Accountability Act of
Projects1996 (HIPPA)
IV.Future SupportXXVII.Notices
V.Compensation and Method of XXVIII.King County Recycled Product
PaymentProcurement Policy
VI.BudgetXXIX.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 Construction Projects
XII.Proprietary Rights
XIII.Corrective ActionXXXVI.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
XX.Subcontracts and Purchases
Relocation 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
XXIV.Confidentiality
Casualty/Condemnation for Capital
Projects
City of RentonPage 2of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
EXHIBITS ATTACHED HERETO
Exhibit NameAmountFundSource
I.Certificate of Insurance/Endorsements
II.Renton CDBG Planning and Administration -C15507$70,120CDBG
III.Renton Downtown Commercial Façade Improvement $112,876CDBG
Loan Program -C15753
City of RentonPage 3of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 theprovisions
contained herein. The exhibits attached to this Contract as Exhibits I.through III.are
hereby incorporated by this reference. This Contract supersedes any and all former
agreements regarding projects described in the attached Project/Program Exhibit(s). If
there is a conflict between any of the language contained in this Contract and any of the
language contained in any Project/Program Exhibit in this Contract, the language in this
Contract shall control, unless the parties affirmatively agreeto 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 and Municipal Exemptions from Contract Requirements
The Contractor certifies that it shall comply with the provisions of Sections XX.
Subcontracts and Purchases, XXIII. Board of Directorsand XXXI. Miscellaneous
Provisionsof this Contract. If the Contractor is a municipal corporation (other than King
County), King County Code (KCC) chapters 12.16, 12.17, 12.18 and 12.19 do not apply to
the Contractor but may apply to any subcontractor of the Contractor.
C.Contact Person
King County and the Contractor shall each designate a contact person for each
Project/Program Exhibit incorporated in this Contract. All correspondence, reports and
invoices shall be directed to the designated contact person. This provision does not,
however, supplant or override Section XXVII.Notices.
D.Federal Funds
The term “federal funds” as used herein means CDBG funds and/or HOME funds. The
specific types of funds provided under this Contract are specified in the attached
Project/Program Exhibit(s).
E.Environmental Review
This section applies to all projects using federal funds that are not exempt under 24 CFR
Part 58. Notwithstanding any provision of this Contract, the parties hereto agree and
acknowledge that this Contract does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt of a release of funds, if
applicable, from HUD under 24 CFR Part 58. The parties further agree that the provision
of any funds to the project is conditioned upon King County’s determination to proceed
with, modify or cancel the project based on the results of a subsequent environmental
review. The Contractor shall not spend any funds on physical or choice-limiting actions,
City of RentonPage 4of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 PolicyAct 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 complywith Presidential Executive Order 12898 requiring
identification and mitigation, as appropriate, of disproportionately high and adverse human
health or environmental impacts of programs, policies and activities on minority and/or
low-income populations.
J.Subrecipient Monitoring
1.First-tier subrecipients shall register in the System for Award Management (SAM),
including obtaining a Dun and Bradstreet Data Universal numbering System (DUNS)
number and maintain the currency of that information. A pass through entity shall be
responsible for determining that subrecipients have current SAM registrations prior to
making subawards and performing periodic checks to ensure that the subrecipients
are updating information as necessary.
2.Recipients shall require each subrecipient to;
a.Document at the time of the subaward and disbursement of funds, the Federal
Award Identification Number (FAIN), Catalog of Federal Domestic Assistance
(CFDA) number; and
City of RentonPage 5of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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).
II.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.
III.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 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
fundingfor Service Projects within 30 business days after the End Date.
If the Contractor’s final invoices, supporting documentation, and reports are not submitted
by the date specified in this subsection, the County shall be relieved of all liability for
payment to the Contractor of the amounts set forth in said invoice or any subsequent
invoice; provided, however, the County may elect to pay any invoice that is not submitted
in a timely manner.
City of RentonPage 6of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
D.Final Invoice for Capital Projects
Unless provided otherwise in theProject/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 thisContract, the County shall recapture any unexpended funds
encumbered under this Contract.
2.During the term of the Contract, the County may, upon mutual agreement, recapture
any unexpended funds for reallocation to other Project/Program activities.
Projects using federal funds shall also comply with the following subsections F, G, and H.
F.Municipal Corporations, State Public Agencies, or Not-for-Profit Corporations
The Contractor shall comply with the policies, guidelines, and requirements of 2 CFR Part
200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, unless otherwise provided in the Project/Program Exhibit(s).
G.Excess Federal Funds
CDBG and/or HOME funds on hand shall not exceed $5,000 if retained beyond three days
unless written approval is received from the County. Any reimbursement in excess of the
amount required shall be promptly returned to the County.
H.Program Income
The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFR
§§92.2, 92.503 and 570.504(c) and in the ICAs, generated under this Contract for the
purposes specified herein or generated through the project(s) funded under this Contract.
Program Income is to be reported to the County. Program income shall be returned tothe
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 inexpending 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 explainthe nature and purpose of the revision,
City of RentonPage 7of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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/orfederal, and/or state government,
as specified in the exhibit.
B.Maintenance of Equipment
The Contractor shall be responsible for all such equipment, including the proper care and
maintenance.
C.Equipment Returned
The Contractor shall ensure that all such equipment shall be returned to the appropriate
government Contractor, whether federal, state or county, upon written request of the
County.
D.Right of Access
The Contractor shall admit the County’s Property Management Officer to the Contractor’s
premises for the purpose of marking such property with appropriate government property
tags.
E.Maintenance of Records
The Contractor shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract identified funds.
F.Disposition of Equipment
Projects using federal funds shall also comply with the following requirement. If the
Contractor ceases to use equipment purchased in whole or in part with CDBG funds for
the purpose described in this Contract, or if the Contractor wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR §570) and
2 CFR § 200.312. The Contractor agrees that it will contact the County for instructions
prior to disposing of, surplusing, encumbering or transferring ownership of any equipment
purchased in whole or in part with federal funds.
VIII.CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes, which are mutually
agreed upon, shall be incorporated by written amendments to this Contract. Budget revisions
approved by the County pursuant to Section VI. Budgetare not required to be incorporated by
written amendment.
IX.INTERNAL CONTROL, ACCOUNTING SYSTEMS AND AUDITS
Internal Control and Accounting
The Contractor shall establish and maintain a system of accounting and internal controls that
comply with applicable, generally accepted accounting principlesandfinancial and
City of RentonPage 8of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 ofOrganization 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 $750,000or more in direct or indirect federal funding from
all sources during its fiscal year, including other forms of federal financial
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 required by 2 CFR Part 200.
b.A Contractor receiving $100,000or more from County fund sources during its
fiscal year that is not otherwise subject to the requirements of 2 CFR Part 200
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 auditingstandards.
c.A Contractor receiving less than $300,000from 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 2 CFR Part 200 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
City of RentonPage 9of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 a Single Audit, due to
requirements other than stated herein, such audit shall be provided tothe 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.
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 is14.253. Additional federal and/or state audit or
review requirements may be imposed on the County, and if the Contractor has CDBGor
HOME 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 sixyear 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
City of RentonPage 10of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
claims have been resolved; and (2) The retention period for real property and equipment
records starts from the date of the disposition, replacement or transfer at the direction of
the County.
E.Financial Management Records
Financial records shall identify adequately the source and application of funds for activities
within this Contract, in accordance with the provisions of 2 CFR 200. These records shall
contain information pertaining to grant awards and authorizations, obligations, unobligated
balances, assets, liabilities, outlays and income.
F.Tenant Notification and Relocation Records
If the Contractor is acquiring property with existing tenants, Contractor record keeping for
tenant notification and relocation must comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (The “Uniform Relocation Act”), and
regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload
and a separate relocation record for each person, business, organization and farm
operation displaced or in the relocation workload must be kept.
G.Acquisition Records
If the Contractor is using funds under this Contract for property acquisition, the Contractor
must maintain a separate acquisition file for each acquisition process documenting
compliance with Uniform Relocation Act regulations at 49 CFR Part 24, including a notice
of voluntary sale.
H.Beneficiary Records
The Contractor agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried out
under this Contract if required in a Project/Program Exhibit.
I.Labor Standards
If the Contractor is using funds under this Contract for construction work, the Contractor
shall maintain records documenting compliance by all construction contractors with the
labor standards as required under 24 CFR § 570.603 for CDBG funds and 24 CFR §
92.354 for HOME funds.
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 theContractor 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:
City of RentonPage 11of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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, color,
national origin or sex in administering a program or activity funded in whole or in part with
CDBG funds pursuant to 24 CFR Part121.
M.Record-Keeping Requirements and Site Visits
TheContractor 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;
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.
City of RentonPage 12of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
C.Agreement to Cooperate
The Contractor agrees to cooperate withthe 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 County. The County agrees to and
does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty-free license to
use, according to law, any material or article and use any method that may be developed
as part of the work under this Contract.
B.The foregoing products license shall not apply to existing training materials, consulting
aids, checklists and other materials and documents of the Contractor, which are modified
for use in the performance ofthis 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.
XIII.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 Section XV. Termination SubsectionB.
City of RentonPage 13of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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. Terminationor other remedies authorized by law.
XIV.ASSIGNMENT
The Contractor shall not assign, transfer or subcontractany 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 Exhibitand, where expressly specified in the
Project/Program Exhibit, shall supersede the requirements and limitations of the Section XIV.
Said consent must be sought in writing by the Contractor not less than 15 business days prior
to the date of any proposed assignment, transfer or subcontract. The Contractor shall deliver
to the County with its request for consent, such information regarding the proposed assignee,
transferee or subcontractee, including its proposed mission, legal status, and financial and
management capabilities as is reasonably available to the Contractor. Within 15 days after
such request for consent, King County may reasonably request additional available
information on the proposed assignee, subcontractee or transferee. If the County shall give its
consent, this section shall nevertheless continue in full force and effect. Any assignment,
transfer or subcontract without prior County consent shall be void.
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 oractual 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
City of RentonPage 14of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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, 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,
misappropriated or unexpended, which have been paid tothe 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 purchases made prior to the
effective date of termination; and
b.The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
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 timeis 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
City of RentonPage 15of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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
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 performanceof 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
City of RentonPage 16of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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.
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
COMMERCIAL
Insurance Services Office form number (CG 00 01) covering
GENERAL LIABILITY
.
City of RentonPage 17of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 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
BUSINESS AUTO
Insurance Services Office form number (CA 00 01) covering
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
BUILDING AND
Insurance Services Office form number (CP 00 10) covering
PERSONAL PROPERTY COVERAGE
and Insurance Services Office form number
CAUSES OF LOSS –SPECIAL FORM
(CP 10 30) 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 100
percent of the replacement value thereof. The policy shall be endorsed to cover the
interests, as they may appear, of King County, Owner, Contractor and subcontractors
of all tiers with King County listed as a loss payee.
D.Minimum Limits of Insurance—Capital Projects
The Contractor shall maintain limits no less than the following:
1.Commercial General Liability: $1,000,000combined single limit per occurrence by
bodily injury, personal injury, and property damage; and for those policies with
aggregate limits, a $2,000,000aggregate limit.
City of RentonPage 18of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
2.Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the
Aggregate.
3.Automobile Liability: $1,000,000combined 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: $1,000,000combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000in the aggregate.
2.Automobile Liability: $1,000,000combined 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.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 Contractorshall maintain limits
no less than the following:
1.Commercial General Liability: $1,000,000combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000in the aggregate.
2.Automobile Liability: $1,000,000combined 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 EmployersLiability Coverage: $1,000,000.
Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects
and Services Contracts.
City of RentonPage 19of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 requiredin 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 an
AMBests’ rating of no less than A: VIII, or, if not rated with AM Bests, with minimum
surpluses the equivalent ofan AMBests’ surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers with
anAM 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.
City of RentonPage 20of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 onforms approved by
the County prior to the commencement of activities associated with the Contract. The
County reserves the right to require complete, certified copies of all required insurance
policies at any time.
If the Agency/Contracting Party is a Municipal Corporation or an agency of the State of
Washington and is a member of the Washington Cities Insurance Authority (WCIA) or any
other self-insurance risk pool, a written acknowledgement/certification of current
membership will be attached to the Agreement as Exhibit I and satisfies the insurance
requirements specified above.
K.Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Contractor is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract, then such requirements and documentation shall be subject to all of the
requirements stated herein.
L.Municipal or State Contractor Provisions
If the Contractor is a municipal corporation or an Contractor of the state of Washington
and is self-insured for any of the above insurance requirements, a certification of self-
insurance shall be provided for the self-insured requirements and attached hereto and be
incorporated by reference and shall constitute compliance with this section. If the
certificate of self-insurance does not cover all mandatory requirements, the Contractor
shall provide separate certificates and endorsements that document coverage.
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 $25,000or 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 $25,000or more, the Contractor shall
complete a Worksheet and Declaration form for County review and acceptance prior to
Contract execution. The EB Compliance forms, KCC Chapter 12.19, and related
administrative rules are incorporated herein by reference. They are also available online
at: http://www.kingcounty.gov/operations/procurement/Services/Equal_Benefits.aspx
B.Nondiscrimination in Employment Provision of Services
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this
Contract, neither the Contractor nor any party subcontracting under the authority of this
City of RentonPage 21of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
Contract shall discriminate or tolerate harassment on the basis of sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identityor
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 orexpression or age except by
minimum age and retirement provisions, unless based upon a bona fide occupational
qualification.
D.Compliance with Laws and Regulations
The Contractor shall comply fully with all applicable federal, state and local laws,
ordinances, Presidential Executive Orders and regulations that prohibit discrimination to
the extent applicable. These laws include, but are not limited to, RCW Chapter 49.60,
Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the
Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and 12.18
are incorporated herein by reference and the requirements in these code chapters shall
specifically apply to this contract, to the full extent applicable. The Contractor shall further
comply fully with any equal opportunity requirements set forth in any federal regulations,
statutes or rules included or referenced in the contract documents.
E.Small Contractors and Suppliers and Minority and Women Business Enterprises
Opportunities
King County encourages the Contractor to utilize small businesses, including Small
Contractors and Suppliers (SCS), as defined below, and minority-owned and women-
owned business enterprises certified by the Washington state Office of Minority and
Women's Business Enterprises (OMWBE) in County contracts. The County encourages
the Contractor to use the following voluntary practices to promote open competitive
opportunities for small businesses, including SCS firms and minority-owned and women-
owned business enterprises:
1.Inquire about King County’s Contracting Opportunities Program. King County has
established a Contracting Opportunities Program to maximize the participation of
SCS in the award of King County contracts. The Program is open to allSCS 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 anda
directory of certified SCS firms, are available at the following Web-site
address: http://www.kingcounty.gov/bdcc.
The term “Small Contractors and Suppliers” (SCS) means that a business and the
person or persons who own and control it are in a financial condition which puts the
business at a substantial disadvantage in attempting to compete for public contracts.
The relevant financial condition for eligibility under the Program is set at fifty percent
City of RentonPage 22of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
ofthe Federal Small Business Administration (SBA) small business size standards
using the North American Industry Classification System and Owners’ Personal Net
Worth less than $750,000dollars.
2.Contact the OMWBE to obtain a list of certified minority-owned and women-owned
business enterprises by visiting their website at http://www.omwbe.wa.gov/or by Toll
Free telephone (866) 208-1064.
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 (Section504)
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 TitleII
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 the work under the Contract and that the
subcontractor shall provide that the County is a third party beneficiary to that required
provision.
City of RentonPage 23of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
H.Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this section shall be a
material breach of contract for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
I.Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to
prevent discrimination in any housing-related project under this Contract, which includes
rental housing projects and/or projects that include residential real estate-related
transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601)
and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential
real estate-related transactions include the making or purchasing of loans or the provision
of financial assistance secured by real estate, or the making or purchasing of loans or
financial assistance for the purchasing, constructing, improving, repairing or maintaining of
a dwelling. Rental housing includes any dwelling that is intended for occupancy as a
residence for one or more families by lease, sublease or by grant for a consideration of
the right to occupy Premises not owned by the occupant. In addition, except for projects
located in incorporated jurisdictions, the Contractor shall comply with the applicable
provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the
King County Code, which prohibits practices of housing discrimination against any person
on the basis of age, ancestry, color, disability, marital status, national origin, parental
status, possession of Section 8 housing assistance, race, religion, retaliation, sex, and
sexual orientation.
Projects using federal funds shall also comply with subsections K, L, and M below.
J.Additional Federal Nondiscrimination Requirements
The Contractor shall comply with all applicable federal laws prohibiting discrimination,
including the following:
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 RehabilitationAct 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:
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;
City of RentonPage 24of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 orprocess 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 January26,
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.
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
City of RentonPage 25of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 TitleVII 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.AssignmentThe Contractor agrees
that it is as fully responsible to the County for the acts and omissions of its subcontractors
and their employees and agents, as it is for the acts and omissions of its own employees
and agents, as specified in Subsection XVII. Hold Harmless and Indemnification
SubsectionC.
C.Required Contract Terms
The Contractor shall include the applicable provisions of Sections XVIII. Hold Harmless
and Indemnification, XIX. Nondiscrimination and Equal Employment Opportunity, and XX.
Subcontracts and Purchasesin 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 inany way resulting from the negligent act or omissions of
subcontractor, its officers, employee, and/or agents in connection with or in support of this
Contract. Subcontractor expressly agrees and understands that King County is a third
party beneficiary to this Contract and shall have the right to bring an action against
subcontractor to enforce the provisions of this paragraph.”
Projects using federal funds must also comply with subsections D, E, F, G and H.
D.Debarred Contractors
The Contractor certifies thatneither the Contractor norany personor entitywith a
controllinginterest in the Contractor isunder 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 thatneither the Contractor norany personor entitywith a
City of RentonPage 26of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
controllinginterest in the Contractor has any proceeding pending tosuspend,
debar,exclude or determine them ineligible from participationin federal assistance
programs under Presidential Executive Order 12549 or 12689.
The Contractor shall not make any award at any time to any contractor, which is debarred,
suspended or excluded, from participation in federal assistance programs under
Presidential Executive Order 12549, “Debarment and Suspension”.
The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to
this agreement have not been disbarred or suspended from federal contract participation.
This may be done by checking the System for Award Management
at https://www.sam.gov, which lists all suspended and debarred entities.
E.Subcontracting Requirements
A Contractor which receives federal funds under this Contract also shall include the
following sections in every subcontract or purchase order for goods and services which
are paid in whole or in part with funds provided under this Contract: Sections V.
Compensation and Method of Payment Subsections F or G and I, XVII.Hold Harmless
and Indemnification Subsection B., XVIII.Insurance Requirements –General Subsection
K., XIX. Nondiscrimination and Equal EmploymentOpportunity, and XXII.Conflict of
Interest Subsection B.and, if the subcontract is for construction, Sections XXXIV. Labor
Standardsand XXXV.Employment Opportunities on Assisted Construction Projects
F.Federal Procurement Requirements
If the Contractor is a municipal corporation or a Contractor of the State of Washington, it
agreesto 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 fromthe 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
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.
City of RentonPage 27of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 Agencyof the State of Washington, and 24
CFR § 84.44(b)(1)-(5) if the Contractor is a nonprofit corporation. In accordance with
these regulations, the Contractor shall take all necessary affirmative steps to assure
MWBEs and labor surplus area firms are used as subcontractors when possible.
Affirmative steps shall include those actions specified above in this section of the
Contract.
B.Nondiscrimination in Federally Assisted Construction
The Contractor shall also require compliance with Presidential Executive Order 11246 as
amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for
construction projects over $10,000.
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 complywith such provisions shall be a material breach of Contract and may result
in termination of this Contract pursuant to Section XV. Terminationand 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 3.04provision 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:
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
City of RentonPage 28of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
awarded the Contract. Failure to identify current or former County employees
involved in this Contract may result in termination of this Contract.
c.After Contract award, the Contractor is responsible for notifying the County’s
Project Manager of current or former County employees who may become
involved in the Contract any time during the term of the Contract.
B.No Conflict of Interest
The Contractor shall abide by the provision of 2 CFR 200 and 24 CFR § 570.611, if
applicable, andby 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, 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.
City of RentonPage 29of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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.E-mail notice when the Contractor has an e-mail address for the subject persons;
2.Conspicuous posting of thenotice 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
City of RentonPage 30of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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)
Termsused 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 (2) business days of the discovery of a breach as defined at 45 CFR §
164.402 the Contractor shall notify the County of any breach of unsecured protected
health information. The notification shall include the identification of each individual
whose unsecured protected health information has been, or is reasonably believed by
the Contractor to havebeen, accessed, acquired, or disclosed during such breach; a
brief description of what happened, including the date of the breach and the date of
the discovery of the breach, if known; a description of the types of unsecured
protected health information that were involved in the breach (such as whether full
name, social security number, date of birth, home address, account number,
diagnosis, disability code, or other types of information were involved); any steps
individuals should take to protect themselves from potential harm resulting from the
breach; a brief description of what the Contractor is doing to investigate the breach, to
mitigate harm to individuals, and to protect against any further breaches; the contact
procedures of the Contractor for individuals to ask questions or learn additional
information, which shall include a toll free number, an e-mail address, Web site, or
postal address; and any other information required to be provided to the individual by
the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as
discovered in accordance with the terms of 45 CFR § 164.410. The information shall
be updated promptly and provided to the County as requested by the County.
4.The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is
known to the Contractor of a use or disclosure of protected health information by the
Contractor in violation of the requirements of this Contract or the law.
5.The Contractor agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident to the County within
two days of the Contractor knowledge of such event.
6.The Contractor agrees to ensure that any agent, including a subcontractor, to whom it
provides protected health information received from, or created or received by the
City of RentonPage 31of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 Secretaryof the U.S.
Department of Health and Human Services, in a reasonable time and manner for
purposes of the Secretary determining King County’s compliance with HIPAA,
HITECH or this Contract.
10.The Contractor agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an individual
make a request to the County for an accounting of disclosures of his or her protected
health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly
provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and 45 CFR
§164.528, of disclosures of protected health information that have been made by the
Contractor acting on behalf of the County. The accounting shall be provided by the
Contractor to the County or to the individual, as directed by the County.
11.To the extent the Contractor is to carry out one or more of the covered entity’s
obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the
requirements of Subpart E that apply to the County in the performance of such
obligations.
B.Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate HIPAA if done by King County or
the minimum necessary policies and procedures of King County.
C.Effect of Termination
1.Except as provided in paragraph C.2. of this section, upon termination of this
Contract, for any reason, the Contractor shall return or destroy all protected health
information received from the County, or created or received by the Contractor on
behalf of the County. This provision shall apply to protected health information that is
in the possession of subcontractors or agents of the Contractor. The Contractor shall
retain no copies of the protected health information.
2.In the event the Contractor determines that returning or destroying the protected
health information is infeasible, the Contractor shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible, the
Contractor shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health information
to those purposesthat make the return or destruction infeasible, for so long as the
Contractor maintains such protected health information.
City of RentonPage 32of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 18.20and 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, , 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of
the Revised Code of Washington, rules and regulations promulgated thereunder, the Basic
InterContractor Contract between the Department of Social and Health Services and King
County, as amended, and regulations of the state and federal governments, as applicable,
which control disposition of funds granted under this Contract, all of which are incorporated
herein by reference.
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.
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.Nofederal 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, ormodification 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
City of RentonPage 33of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 $10,000and not more than $100,000for 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
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.
City of RentonPage 34of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 SubsectionsA and C
below.
A.Davis-Bacon Requirements
For projects assisted with CDBG funds, this Subsection shall not apply to construction or
rehabilitation of residential property consisting of fewer than eight units. For projects
assisted with HOME funds, this Subsectionshall not apply to rehabilitation of rental
property consisting of fewer than twelve units.
All construction work funded in whole or in part under this Contract must be performed in
accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)-276(a)(5)),
the Copeland "Anti-Kickback" Act, as amended (40 USC 276(c)) and the Contract Work
Hours and Safety Standards Act (40 USC 327 et seq.) as further prescribed at 29 CFR
Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis-Bacon documentation
requirements and regularly submit required documentation to the County, shall maintain
records sufficient to evidence compliance with this section and shall make such records
available for the County’s review upon request.
City of RentonPage 35of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 receivingan 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 compliancewith 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
1701u (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects covered
by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B.Section 3 Criteria for Capital Projects
As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 135.38 apply to all
Project/Program Exhibits which meet all three of the following criteria:
1.The Project/Program Exhibit must include $200,000or 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 $200,000or more in HUD funds when the funds are being used for acquisition
and/or professional services only and not for construction or rehabilitation work.
City of RentonPage 36of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 not-for-profit (including a Community
Housing Development Organization when acting as an owner, developer or sponsor) may
occupy a CDBG, HOME, HOF, Regional Affordable Housing Program (RAHP), HB 2331 or
Current Expense (CX)-assisted affordable housing unit in a project. This provision does not
apply to an owner-occupant of single family housing or to an employee or agent of the owner
or developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP,HB 2331
or CX-assisted unit as the project manager or maintenance worker.
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 U.S.C 701) and regulations set forth at 24 CFR part 24, subpart F.
B.Other Federal Requirements
The absence of mention in this Contract of any other federal requirements that apply to
the award and/or expenditure of the federal funds made available by this Contract is not
intended to indicate that those federal requirements are not applicable to Contractor
activities. The Contractor shall comply with all other federal requirements relating to the
expenditure of federal funds, including but not limited to, the Hatch Act (5 USC Chapter
15) regarding political activities.
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.
Except where otherwise allowed by federal law, the following restrictions and limitations apply
to the use of CDBG and HOME funds:
A.Contractor may not engage in inherently religiousactivities, 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.
City of RentonPage 37of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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/ProgramExhibit. The Contractor agrees that for real
property, which is leased by the Contractor and assisted under this Contract, the Contractor
shall obtain a covenant from the owner of the real property in a form approved by the County,
if required in a Project/Program Exhibit.
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 $2,462per household; provided that, if the Joint Recommendations Committee
(JRC) of the King County Consortium adjusts the benefit amount in accordance with King
County Consortium Supplemental Relocation Guidelines based on changes in the
consumer price index, the increased benefit amount shall apply. All tenants selected for
relocation shall be given formal notification regarding the need to relocate with a minimum
of 90 days notice of the date they must relocate, along with information about why they
were selected. Consideration of a longer notice period may be required if the tenant
demonstrates a special circumstance (for instance, health reasons) which would be
alleviated by extending the notice period. A list of all displaced households, including
name, unit number, household size, ethnicity, and monthly gross income shall be provided
to the King County Relocation Specialist along with documentation of all the payments
made to displaced tenants. All relocation costs shall be included in the project
development budget
B.Federal Acquisition and Relocation Requirements:
Implementation of any project provided for in this Contract will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or
farms to the greatest extent feasible.
The Contractor shall comply with the following:
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
City of RentonPage 38of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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 24CFR Part 42, and for CDBG funds at 24 CFR § 570.606.
XLII.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 sanitarycondition,
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.
XLIII.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
City of RentonPage 39of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
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.
C.If the parties cannot in good faith agree to repair or restore the real property as provided
above, then any proceeds of the casualty or condemnation, within 60 days of demand,
shall be paid first to satisfy the County’s lien. The balance of the proceeds shall be paid to
the Contractor.
IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the
date above written.
KING COUNTY:CITY OF RENTON:
FOR
King County ExecutiveSignature
DateName (Please type or print)
Date
Approved by DCHS Director
Approved as to Form: November 2013,
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
APPROVED AS TO FORM:
---------------
City Attorney
ATTEST:
City Clerk
City of RentonPage 40of 402015 Contract -5764035
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
EXHIBIT II
CITY OF RENTON
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION(C15507)
Contract No.: 5764035Project No.: C15507-1125669
King County Project Manager: Kathy TremperCity Contact Person: Dianne Utecht
Start Date: January 1, 2015Telephone: (425) 430-6655; Fax: (425) 430-6603
End Date: December 31, 2015Email: Dutecht@Rentonwa.gov
I.WORK STATEMENT
The agency known as the City of RENTON(hereinafter referred to as "the Contractor") shall
utilize King CountyCommunity Development Block Grant (CDBG) funds to perform the
activities specified below.The Catalog of Federal Domestic Assistance (CFDA) number for the
CDBG Program is 14.218.Suchactivities shall be provided in a manner fully compliant with all
applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or
hereafter may be amended.The Contractorshall be compensated for the provision of such
services in an amount not to exceed $70,120in CDBGfunds during the contract period
January 1,2015through December 31, 2015.
II.PROGRAM DESCRIPTION
The Contractorshallundertake, or assist in undertaking, activities which further the
development of viable urban communities, including the provision of decent housing and a
suitable living environment and expanding economic opportunities, principally for persons of
low-and-moderate income, through community renewal and lower income housing assistance
activities, funded from 2015CDBG entitlement funds.
A.Definitions
1.“New stand-alone capital project” means a project that requires the
establishment of a newHousing and Urban Development (HUD) Integrated
Disbursement and InformationSystem(IDIS)activity number, as opposed to an
existing project where supplemental funding is being added.
2.“Stand-alone public service project” means a project that has not been funded
by the sub-regional process utilized by those non-entitlement consortium cities
signing the King CountyConsortium Interlocal Cooperation Agreement for the
CDBG Program in the applicable program year.TheContractor’sstand-alone
public service project may include more than one subcontract as long as only
one HUD IDIS activity number is required and the Contractor submits all
information, reports and invoices to the Countyas one project.
B.Program Requirements
The Contractorshall use CDBG funds to plan and administer the Contractor’s CDBG
projects in accordance with the CDBG Consortium Joint Agreement. The Contractor
agrees to perform the following:
1.The Contractorshall cooperate in the development of the Consolidated Housing
and Community Development Plan and related plans.
City of RentonPage 1of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
2.The Contractorshallbear all responsibility for local annual program planning,
using financial projections that shallbe provided by the County.The Contractor
shallensure that:
a.All selected projects are an eligible activity, meet a national objective,
and are consistent with the Consolidated Plan and all applicableJoint
Recommendations Committee(JRC)policies;
b.Project applications shall be accompanied by records required to
document compliance with CDBG Program Regulations, and
Consolidated Plan policies applicable to each project.Such records
include, but are not limited to, those required by 24 Code of Federal
Regulations(CFR)Part 570.208 to document the national objective for
each project.These records shall be submitted to the Countyby
October 9,2015, along with a completed Form No. 1Summary Sheet
identifying estimated funding amounts for awarded project activities;
c.The public participation requirements are met and documented and
certification of such shall be provided to the County;
d.All requested information by the Countyshallbe submitted in a timely
manner that allows the Countyenough time to meet HUD timelines;
e.Changes to the local program that require the Countyto amend budget
amounts and/or submit an amendment to the Annual Action Plan after it
has been submitted to HUD shallonly be accepted November through
June.Budget amendments received by the fifth day of the month shall
be effectiveon the first day of the next month; and
f.The Contractorshall ensure the Countyreceivesall required security
documents related to funded capital project activities (this includes non-
profit agencies which have been awarded funds) prior to the execution
of a contract between the awarded agency and the Countyin order to
incorporate said documents into the contractual agreement.
3.Contractorstaff shall implement CDBG-funded human service projects within
the program year and submit both vouchers and required reports to the County
in a complete and timely manner.Prior to the first and last payment on capital
projects, exclusive of Housing Repair andacquisition, pre-approval must be
received from Countystaff that federal labor requirements have been met.
4.Contractorlegislative bodies shall approve or disapprove via motion or
resolution all CDBG activities, locations, and allocations submitted by Joint
Agreement City staff.
City of RentonPage 2of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
5.The Contractorshall monitor performance under any subcontract.Monitoring
shall be completed once every two years at a minimum, and shall include
reviewing subcontracted agencies’ (hereinafter “Implementing Agency”) records
to ensure compliance with the subcontract provisions required under Section
XXIX., SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND
REGULATION, of the Contract, and the record-keeping provisions required
under Section IV.A of each Service Project Exhibit. The Contractor shall submit
a copy of each monitoring report to the County with its Final Voucher Request
of the year monitoring occurs.
6.Conflict of Interest
a.Interest of Officers, Employees, or Agents-No officer, consultant,
elected or appointed official, employee, or agent of the Contractorwho
exercises any functions or responsibilities in connection with the
planning and carrying out of the Block Grant Program, or who are in a
position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest
or benefit from a CDBG assisted activity, or have a financial interest in
any contract, subcontract, or agreement with respect to CDBG assisted
activity, either for themselves or those with whom they have business or
immediatefamily ties, during their tenure or for one year thereafter.
b.Interest of Subcontractor and Their Employees -TheContractoragrees
that it shallincorporate into every subcontract required to be in writing
and made pursuant to this Exhibitthe following provisions:
The Implementing Agencycovenants that no person who presently
exercises any functions or responsibilities in connection with the
Community Development Block Grant Program, has any personal
financial interest, direct or indirect, in this Contract.The Implementing
Agencyfurther covenants that itpresently has no interest and shallnot
acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of itsservices hereunder.The
Implementing Agency further covenants that in the performance of this
Contract no person having any conflicting interest shallbe employed.
Any interest on the part of the Implementing Agencyor itsemployees
must be disclosed to theContractorand the County.
7.Copyright
If this Contract results in any copyrightable material,King Countyreserves the
right to royalty-free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
8.Public Information
In all news releases and other public notices related to projects funded under
this Agreement, the Contractorand any subcontracted Contractorshallinclude
information identifying the source of funds as the King CountyCDBG
Consortium Program.
City of RentonPage 3of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
9.Separation of Funds
The Contractorshall not use year 2015funds identified in the Project Budget to
pay for any costs incurred prior to January 1, 2015, or the date on which the
County’s Environmental Record is complete, whichever date is later.
10.Subcontracted Services
a.In addition to the requirements of Section XX.,SUBCONTRACTS AND
PURCHASES,of the Contract, the Contractorshall execute written
agreements with each agencywith which it subcontracts to provide
services and shall incorporate into such subcontracts the following
applicable provisions of this Exhibit: Section II.B.,Program
Requirements.
b.The Contractorshall invoice the Countyfor due and payable invoices of
the Implementing Agencyor for costs paid by the Contractorfor goods,
materials or services already provided.The Contractorshall invoice the
Countyafter the Implementing Agencyhas invoiced the Contractor.The
Contractorshall include a copy of the Implementing Agency's invoice
with its invoice submitted to the County.The Contractorshall ensure
that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with the Office of
Management and Budget 2 Code of Federal Regulations (CFR) 200, as
applicable.
c.The Contractorshallimplement the project within the program year and
submit both vouchers and required reports to the Countyin a complete
and timely mannerbut no later than January 8,2016.
III.COMPENSATION AND METHOD OF PAYMENT
A.Billing Invoice Requirements
1.The first, second and third Billing Invoice Package is due within 20 working
days after the end of eachquarter.
2.The Contractorshall submit to the Countyits final invoice in accordance with
SectionV.,COMPENSATION AND METHOD OF PAYMENT,of the Contract
on aCDBG Program Voucher Reimbursement Request Form provided by the
County.Such forms shall be signed by an authorized representative of the
Contractor.
3.The quarterly voucher invoice shall be accompanied by all reports required by
Section IV., REPORTING REQUIREMENTS, of this Exhibit, which fall due
during the billing period.
B.Method of Payment
The Contractor shall be paid 25 percent, or $17,530perquarterof the total Exhibit
compensation, subject to the terms in Section V.,COMPENSATION AND METHOD
OF PAYMENT, of the Contract, and the following terms and conditions.
City of RentonPage 4of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
1.The Contractorshall submit a Billing Invoice Package quarterly that consists of
aninvoice statement and other reporting requirements as stated in Section IV.,
REPORTING REQUIREMENTS,of this Exhibit in a format approved by the
County.
2.All required reports must accompany the invoice statement in order to receive
payment.
3.An Accrual Letter must be received by December 9,2015, stating the
anticipated amount of the final invoice.
4.Final voucher reimbursement request shall be submitted by January 8,2016,
with all required supporting documentation and reports.
C.The Contractorshall apply the following Countyfunds to the project in accordance with
the Line Item Budget below.The total amount of reimbursement pursuant to this
Exhibit shall not exceed $70,120.
1.CDBG Funds
King County CDBG—2015Joint Agreement City Funds, CDFA
$70,120
14.218
Total CDBG Funds$70,120
2.Line Item Budget
Personnel Services (detail below)$70,120
Office or Operating Supplies$0
Consultant or Purchased Services$0
Communications$ 0
Travel and Training$0
Other (specific below)$ 0
Total CDBG Funds$70,120
3.Personnel Detail
Position Full Time Annual
Position TitleCDBG Funds
EquivalentSalary and
Benefits
Human Services Coordinator1.0FTE$99,638$70,120
Total$70,120
City of RentonPage 5of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
IV.REPORTING REQUIREMENTS
A.Records
In addition to the records required by Section X., MAINTENANCE OF RECORDS,of
the Contract, the Contractorshall maintain files containing the following items for this
project:
1.Motions, resolutions, and minutes documenting City Council actions relating to
the Contractor’s CDBG Pass-through funds;
2.Correspondence regardingNotice To Proceed on CDBG funded activities;
3.Correspondence regarding budget revision requests;
4.Copies of all invoices and reports submitted to the County;
5.Bills for payment;
6.Copies of approved invoices and warrants;
7.Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts;
8.Documentation required by this Contract if any funds provided under this
Exhibit are used to acquire equipment;
9.Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with OMB Circular A-87.Such records shall
include, but are not limited to:
a.Personnel costs, payroll time sheets for actual salary and fringe benefit
costs, time sheets signed by a supervisor and, if less than full time,
annotated to document percent of time charged against this project;
b.Staff travel, documentation of mileage charges for private auto; and
c.Copy machine use, postage, telephone use, and office supplies when
these costs are shared with other programs and no invoice is available,
log sheets or annotated invoices.
B.Reports
The Contractorshall completeand submit the following reports:
1.A completed Program Accomplishment Form for each quarter in a format
provided by the County.
City of RentonPage 6of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
2.Program requirement reports identified in Attachment A and as follows:
QuarterMilestones
st
1Quarter 2015:January–March2014Project Completion Forms for
Consolidated Annual Performance and
Evaluation Report (CAPER); JAC HCD Forms 6
and 7
nd
2Quarter: April-JuneProvide 1stQuarter Vouchers, Reports and
Updates; Coordinate with County on
Preparation of Updated Consolidated Plan
Deadline for Amendments –May 15, 2015
rd
3Quarter: July–September
Provide 2nd Quarter Vouchers, Reports and
Updates; Coordinate with County on
Preparation of Updated Consolidated Plan
Provide County with 2016CDBG allocations,
Due by October 9,2015
supporting documents: JAC HCDForms 0
through 5 for 2016Action Plan
th
4Quarter: October–December Provide 3rd Quarter Vouchers, Reports and
Updates; Coordinate with County on
Preparation of Updated Consolidated Plan
”Estimated Invoice”for 2015Administrative and
Due by December 9,2015
Public Service expenditures
st
1Quarter 2016 1) Deadline for final voucher, reports and
Project Monitoring Report(s)
Due by January 8,2016
2) 2015Project Completion Forms for
Consolidated Annual Performance and
Evaluation Report (CAPER); JAC HCD Forms 6
and 7
Late February/early March
County to perform site visit for CDBG program
monitoring.
City of RentonPage 7of 7 2015Contract 5764035 -Exh II
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
Attachment A
Joint Agreement Cities
CDBG Program –2016 Program Year Activities
Submission Check List
Name of Joint Agreement City:
City of Renton
SubmittedItemDate Due
to HCD
FORM 1 1.Excel Funding Distribution Summary Sheet 10/9/15
FORM 2 10/9/15
2.Master Project Spread Sheet
FORM 3 3.Contingency Project 10/9/15
A designated “contingency” project in each category
(human service, capital) which will be decreased
and/or increased in funding depending on the final
2016 entitlement amount.
FORM 4 10/9/15
4.Certification of Determination:
Provide an eligibilitydetermination form for each
project which includes the explanation as to why/how
this project serves CDBG targeted populations along
with your signature and that of your supervisor.
5.Application for 2016 Funds 9/9/15
Copies of the project applications along with JAC
Attachment(s)
Staff notations regarding any special funding and/or
contract conditions or requirements
FORM 5 10/9/15
6.Public Notice
Copy of the public notice of proposed 2016 project
funding along with a notarizedcopy of the affidavit of
publication (Notice content should include project
title, address, scope and funding level)
Attachment(s)7.Supporting Documentation 10/9/15
Copy of complete council action package,
*Once
*Copy of approved council minutes adopting
approved
projects.
and are
available
12/15/15
8.Award Letter
Copies of award letters for each 2016 project
activities
Letter content should call out award amount
o
and funding/contract conditions
FORM 6 Voucher Reimbursement Request Quarterly
9.
FORM 7 Quarterly
Quarterly Reports due with Quarterly Invoices
10.
FORM 8 January 15
Annual Project/Program Accomplishment Report
11.
following
due for
CAPER
FORM 9 year
12.Monitoring Checklist
Notes to HCD Staff:
Kathy Tremper Kathy.tremper@kingcounty.gov
Submitted By:__________________________________________ Date:_____________
E-Mail Address:________________________________________Phone:_____________
City of RentonPage 1of1 2015Contract 5764035-Exh IIAtt A
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
EXHIBIT III
CITY OF RENTON
RENTON DOWNTOWN COMMERCIAL FAÇADE IMPROVEMENT LOAN PROGRAM(C15753)
Contract No.:5764035Project No.: C15753-1125678
King County Project Manager:Dave MecklenburgCity Contact Person: John Collum
Start Date: May 12, 2015Telephone: (425) 430-6589
End Date: December 31, 2016Email: jcollum@rentonwa.gov
I.WORK STATEMENT
The CITYshall provideCommunity Development Block Grant (CDBG)funds for economic
development activities to make loansfordowntown commercial façade improvementsand any
associated code required improvements of exterior infrastructurein the city of Renton as
described in this Exhibit beginning on May 12,2015, and completing these services by
December 31, 2016. The Catalog of Federal Domestic Assistance (CFDA) number for the
Community Development Block Grant (CDBG) Program is 14.218. 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 $112,876.
Program will promote economic development by providing an incentive for property and
business owners to renovate thefaçades of their business establishments.Successful
outcomes will produce updated commercial structures meeting current code requirements and
storefronts that will attract retail, eating anddrinking and otherpedestrian-oriented
establishments.
II.PROGRAM DESCRIPTION
A.Goal
To enhance the economic vitality of the City, especially in Downtown, by encouraging
thriving businesses in existing viable buildings.
To promote and encourage continued maintenance and prevent deterioration of
existing buildings that are important to retain in the city’s core, whether to convey a
sense of the City’s heritage or to retain established building scales as a complement to
new, higher density development.
B.Outcome
The project enhances the sense of downtown as a traditional retail, dining and
entertainment (cultural) district and provides a superior aesthetic improvement, and/or
an opportunity that attracts additional and variedtenantsto the downtown area.
C.Indicators
Improvements contribute to enhancing the pedestrian environment of downtown
Renton;either through creating additional foot traffic, improving the building’s
appearance, and/or improving the public realm that fronts the building.
City of Renton Page1of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
D.Eligibility
Applicants that meetthe following criteria:
1.Forprofit or nonprofit operating businesses (new or existing) seeking to locate
or expand. Businesses that are,or may become tenants within existing
buildings may apply provided that their landlords/property owners have
provided written authority.
2.Owners ofexisting buildings (vacant or occupied) with a re-use plan.
3.All property taxes and business license fees must be current in order to
participate in the program.
4.The applicant’s business must be located within the Downtown or South Renton
subarea as designated within the City Center Community Plan; and within
Census Tract 253, Block Groups 3-5 where at least 51percentof the residents
are considered to meet low-and moderate-income levels as defined by U.S.
Housing and Urban Development (HUD) guidelines.
E.Definitions
1.Business:
Business shall mean an operational business documented with a Washington State
Business License and a Data Universal Numbering System (DUNS) Number.
2.Commercial Façade ImprovementLoans:
Commercial façade improvementloans shall meet the criteria for “economic
development activities” in the CDBG Program Regulations at 24 CFR Part 570.203
as well as the criteria for benefit to low-and moderate-income persons ” in the
CDBG Program Regulations at 24 CFR Part 570.208(a)(1)(i)”.
F.Program Requirements
1.Loans shall be made forexterior improvements:
a.Soft costs (consultants, permit fees, financing);
b.Direct costs (working capital, labor);
c.Other (items specified as approved);
d.The minimumloan amount shall be $10,000.
2.Loan Terms
a.The maximum loan term shall be fiveyearswith zero percent interest;
b.Provisions for use and control of identified matching funds. Match
requirements can be met through exterior and/or interior improvement
activities.
City of Renton Page2of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
c.Provisions that the loan amount may be forgiven at the end of term if all
program requirements have been completed and the loan recipient is in
good standing.
d.Loan recipient to pay a LoanOrigination Fee of $150or 25percentof
the actual loan amount, whichever is greater; and Closing Costs
(including any legal fees ) of 50percentof total actual costs.
e.Project must clear HUD required National Environmental Policy Act
(NEPA)environmental review completed by Housing and Community
Development (HCD) prior to executionof the Loan Agreement.
f.Loan fees may not be paid from loan proceeds.
3.LoanProcedures
a.Loan Review
Loan applications will be submitted to a Program Loan Committee for
funding approval. Prior to submittal for review by the Committee, the
CITY shall forward the application to the HCD Community Development
Section Coordinator for confirmation of eligibility and initiation of the
NEPA Environmental Review process. The CITY will be notified of any
issues identified and of any mitigation measures that need to be
incorporated into the Loan Agreement.
b.Site Specific Environmental Review
i.HCD Environmental Specialist shall complete a Site Specific
Environmental Review for each loan prior to the loan package being
forwarded to the Loan Committee for consideration and subsequent
approval. The ER will note all mitigation measures of the façade
improvements and any required code enforcement exterior
infrastructure improvements associated with the activity that need
to be incorporated into any loan agreement between the City and
business/propertyowner.
ii.HCD shall also make documents available for public review and
copying if required pursuant to 24 CFR Part 58.
iii.HCD Project Manager shall accompany the ER Specialist during
the Site Specific Environmental Review to evaluate the proposed
project for areas of labor compliance and necessary procurement
requirements to be incorporated into any loan agreement between
the City and business/propertyowner.
c.Procurement
In accordance with 24 CFR 85.36(b)(9), the City is required to have the
business/propertyowner maintain sufficient records to support the
significant history of a procurement action, including the rationale for the
selected method of procurement, the selection of the contract type,
contractor selection or rejection, and the basis for the contract price.
City of Renton Page3of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
d.Labor Compliance
i.HCD Project Manager shall present each prime contractor and their
accounting and/or payroll staff with detailed information regarding
compliance with CDBG Program Regulations including, but not
limited to, federal labor standards files (Davis-Bacon and Related
Acts documentation)and Section 3 regulations. Pertinent federal
forms will be distributed at the preconstruction meeting prior to the
Notice to Proceed being issued.
ii.Originals of pertinent federal labor standards filesshall be
maintained and kept in a neat, orderly, protected environment by
HCD Project Manager for the duration of the statutory retention
periods. Information regarding these procedures shall be discussed
at a Preconstruction meeting. Should the business/property owner
wish for original Certified Payroll Reports and other similar
documents, the Owner’s Representative will need to arrange such
procedures (including but not limited to duplicate originals) during
the preconstruction conference or in weekly project meetings.
e.Loan Commitment
The CITYshall includethe conditions specified in Section F.2.a.through
2.d.andall environmental review mitigation measuresidentified in the
HCD Site Specific Review in any loancommitmentsto the applicant.
The CITYshall not execute a loan agreement until HCD advises the
approval for releaseoffunds.
f.LoanClosing
The CITYshall arrange for preparation of loan documents for the
closing by providing the following materials to HCD no less than seven
(7) business days before the loan closing:
i.Copy of the executed commitment letter;
ii.Copy of the signed Loan Agreement; and
iii.Loan Disbursement Request Form (to be signed by the HCD
Project Manager and CITYProject Manager).
g.Security
The CITYshall obtainan executed Promissory Note, Deed of Trust and
Covenant at the time of loan approvaland will retainsaiddocuments in
the Loan Fileuntil project construction has been finalized.The Deed of
Trust and Covenant will then be recorded when the final reimbursement
invoice is submitted and the final loan amount has been determined
based on approved loan expenditures.
City of Renton Page4of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
h.Servicing
Any required loanrepayments shall be transmittedto the CITYwhich in
turn, shall remit them to HCDCommunity Development Coordinator.
HCD shall deposit payments with King County Cash Managementand
record them in HUDs Integrated Disbursement and Information System
(IDIS) for reallocation to the CITY as Program Income.
i.Closeout
The CITYshall send a memo to HCD to indicate final payment by the
borrowerhas cleared and/or the requirements of the loan and its term
have been met and the date the loan is forgiven.
4.Economic Development Beneficiary Data Form
a.For each loan activity outstanding, the CITYshall submit to HCD an
Economic Development Beneficiary Data Form by January 31, 2016.
b.Economic Development Loan Performance Report Form
The CITYshall submit to HCD an Economic Development Loan
Performance Report Form by January 31 of the year following the first
full calendar year (January –December) after the project has been
completed.
5.Payment of Loan Funds
`
The CITYshall provide loan funds on a monthly reimbursement basis ONLY
upon the following conditions:
a.Completion of agreed upon project improvementsidentified in the loan
application and subsequent loan agreement and all City inspections
have been approved.
b.COUNTYstaff hasverifiedthat all federal labor requirements, HUD
Section 3 requirements,and other regulatory requirements have been
metprior to approving any payment by the City on the PROJECT.
i.The COUNTY shall be the recipient of federally compliant certified
weekly payrolls of construction activity and supporting documents for
labor compliance. Upon review and approval of said documents,
COUNTY shall approve payment.
ii.Payment shall be withheld by the CITY for any costs by the PRIME
or any sub-contractorsof construction that is out of compliance.
6.Federal Contract Registration
a.The CITYcertifies that the information in the Federal System for Award
Management (SAM) is current.
b.The CITYshall document at the time of the award and disbursement of
funds, the Federal award number, CFDA number 14.218.
City of Renton Page5of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
7.Copyright
If this Contract results inany copyrightable material, King County reserves the
right to royalty-free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
8.Public Information
All marketingmaterials, news releases and other public notices related to
projects funded under this Agreement shall include information identifying the
source of funds as the City of RentonCommunity Development Block Grant
Program.
G.Records
The CITYshall maintain files for this Exhibit containing the following items:
1.Notice of LoanAwards and all pertinent documenters associated with each
loan;
2.Motions, resolutions, or minutes documenting Board or Council actions;
3.A copy of this Exhibit and the County’s notice to proceed on this Exhibit;
4.Correspondence regarding budget revision requests;
5.Copies of all invoices and reports submitted to the County for this Exhibit;
6.Bills for payment;
7.Copies of approved invoices and warrants;
8.Documentation of the solicitation process used to select vendors and sub-
contractors with original purchase orders and subcontracts;
9.Documentation required by this Contract if any funds provided under this
Exhibit are used to acquire equipment;
10.Records documenting that costs reimbursed with funding provided under this
Exhibit are allowable in accordance with 2 CFR 200. Such records include, but
are not limited to:
a.Personnel costs, payroll time sheets for actual salary and fringe benefit
costs; time sheets shall be signed by a supervisor and, if less than full
time, annotated to document percent of time charged against this
Exhibit;
b.Staff travel, documentation of mileage charges for private auto; and
c.Copy machine use, postage, telephone use, and office supplies.
11.Documentation of each client’s eligibility including business location.
City of Renton Page6of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
12.Verification of business status, including Washington State Unified Business
Identifier (UBI) number, and DUNS number.
13.Loan Files
The CITY shall maintain individual files for each loan including the records
required by CDBG Program Regulations at 24 CFR Part 570.506(b).
HReports
1.The CITYshall provide HCD with data on borrowers for allloans forsetup and
entry into HUD’s IDISsystem.
2.The CITYshall provide annual financial data on borrowers for allloans for
updates into HUD’s IDISsystem.
3.The CITYshall submit with the final invoice a Completed Project Funding
Report Form provided by the County, itemizing all funding used for the Exhibit.
I.Separation of Funds
The CITYmay not use year 2015funds identified in the Project Budget below to pay
for any costs incurred prior to May 1, 2015, or the date on which the County’s
Environmental Record is complete, whichever date is later.
III.COMPENSATION AND METHOD OF PAYMENT
A.The CITYshall apply the following Renton CDBG funds in accordance with the Line
Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall
not exceed $112,876.
1.CDBG Funds
King County CDBG Funds (CFDA 14.218)
$112,876
Renton 2015Joint Agreement City Pass–through Funds
Total ContractBudget$112,876
2.CDBG Line Item Budget
ItemCDBG FundsTotal Funds
Environmental Review$2,000$2,000
Architectural Consultant (Review Designs from City
$4,000$4,000
Applications)
Closing/Recording Fees $5,000 $5,000
Financial Assistance$101,876$101,876
Total Contract Budget$112,876$112,876
B.Project Milestones
1.The following milestones shall be set forth for project accomplishment.
Milestones may be amended from time to time with the written Contract of the
COUNTY and CITY.
City of Renton Page7of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
2.The Project shall be implemented in accordance with the following schedule.
MilestonesProjected Completion Date
Environmental Review ProgrammaticMay2015
Environmental Review Site SpecificOn-going
Procure for Professional Design ServicesOn-going
Construction CompleteNovember 2016
Labor Standards Reviewed and Accepted December 2016
Release Retainage
Project Funding Report FormCompletedDecember 2016
Project ClosedJanuary 31, 2017
C.Liaison Responsibility
1.John Collumwill act a liaison from CITYfor the PROJECT.
2.Dave Mecklenburgwill act as liaison from COUNTY.
IV.TERM OFAGREEMENT
A.This Agreement becomes effective when it is signed by both Parties.
B.The term of this Agreement is a period beginning when it becomes effective and
ending six years after closeout of the Community Development Block Grant for this
PROJECT.
C.This Contract may be suspended or terminated prior to the expiration of its term by:
1.Written notice provided to the COUNTY from CITYbefore any materials or
services for improvements are procured; or
2.Mutual agreement by the COUNTY and CITYin accordance with 24CFR
85.44; or
3.Written notice provided by the COUNTY in accordance with 24 CFR 85.44,
included as Attachment A, resulting from material failure by CITYto comply with
any term of this CONTRACT.
City of Renton Page8of 82015Contract 57640354 Exh III
DocuSign Envelope ID: 391D67DB-343F-4F09-8114-49E42A23F506
AttachmentA
Title 24 -Housing and Urban Development Volume: 1
Date: 2012-04-01
Original Date: 2012-04-01
Title: Section 85.43 -Enforcement.
Context: Title 24 -Housing and Urban Development. Subtitle A -Office of the Secretary, Department of
Housing and Urban Development. PART 85 -ADMINISTRATIVE REQUIREMENTS FOR GRANTS
AND COOPERATIVE AGREEMENTS TO STATE, LOCAL AND FEDERALLY RECOGNIZED INDIAN
TRIBAL GOVERNMENTS. Subpart C -Post-Award Requirements. -Reports, Records, Retention, and
Enforcement. § 85.43.
(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an
award, whether stated in a Federalstatute or regulation, an assurance, in a State plan or application, a
notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as
appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or
more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or
action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
(b) Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the
grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
(c) Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations incurred by
the grantee or subgrantee during a suspension or after termination of an award are not allowable
unless the awarding agency expressly authorizesthem in the notice of suspension or termination or
subsequently. Other grantee or subgrantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if:
(1) The costs result from obligations which were properly incurred by the grantee or subgrantee before the
effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination,
are noncancellable, and,
Code of Federal Regulations / Title 24 -Housing and Urban Development / Vol. 1 / 2012-04-01501
(2) The costs would be allowable if the award were not suspended or expired normally at the end of the
funding period in which the termination takes effect.
(d) Relationship to debarment and suspension. The enforcement remedies identified in this section, including
suspension and termination, do not preclude a grantee or subgrantee from being subject to 2 CFR part
2424 (see § 85.35).
\[53 FR 8068, 8087, Mar. 11, 1988, as amended at 72 FR 73493, Dec. 27, 2007
City of Renton Page 1of 12015Contract 57640354 Exh IIIAtt A