Loading...
HomeMy WebLinkAboutContract2021 PROFESSIONAL SERVICES CONTRACT FOR PURCHASED SERVICES CAG __________ THIS AGREEMENT (“Agreement”) is dated for reference purposes only as this ___ day of ________, 2021, and is made by and between the City of Renton, a Washington municipal corporation (the “City” or “Renton”) and Solid Ground, [ a Washington nonprofit corporation corporation] (“Agency”), collectively referred to as the “Parties”. WHEREAS, Renton is a Joint Agreement City for Community Development Block Grant (CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and is eligible to receive CDBG funds for the purpose of carrying out eligible community development and housing activities under the Act, and WHEREAS, on May 6, 2021, the City and King County completed executing a “King County Development Joint Agreement City Contract – 2021/2022” with King County (the “County”) for a project entitled “Renton CDBG-CV Activities,” under County Contract No. 6181816 (the “Principal Agreement”); and WHEREAS, the Principal Agreement is on file with the City Clerk’s office, and Agency acknowledges that it has obtained a copy of, reviewed, and understands the provisions of the Principal Agreement; and WHEREAS, Community Development Block Grant funds have been allocated to Renton to address COVID-19 impacts (CDBG-CV) funds through Contract No. 6181816, and WHEREAS, Renton needs to have services performed for its residents but does not have the resources to perform all of its desired services, and WHEREAS, Renton wants to have the Agency perform such assistance services under certain terms and conditions, and Agency likewise wishes to perform; and, WHEREAS, such services will be funded with CDBG-CV funds to prevent, prepare for, or respond to COVID-19; and Page 1 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 August 3rd 21-192 WHEREAS, Renton and the Agency agree that the provisions of this Agreement shall be deemed to include all related activities of Renton and the Agency on or after January 1, 2021, and Agency represents to Renton that it has not taken any action since January 1, 2021 that is inconsistent with Agency’s obligations under this Agreement; NOW, THEREFORE, IN CONSIDERATION OF the mutual benefits and conditions set forth below, and incorporating the language above, the Parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Agency. The Agency shall perform those services described in Exhibit A, scope of services; and shall do so in accordance with the terms in Exhibit B, Renton’s contract exhibit with King County (the Principal Agreement), including performining consistent with the County’s further requirements as may be set forth in Exhibits C, D, E, F, and G. Both Exhibits A - G are attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency shall at all times comply with all federal or state statutes, and all federal, state, and local rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Agency shall request and obtain Renton’s prior written approval before the initiation of any specific task not included in the scope of services. If the scope or schedule is to be modified in any way, Renton’s prior written approval is also required. 2.Compensation and Method of Payment. Payments shall be made by Renton to the Agency based on monthly or quarterly billings. Renton shall pay the Agency for services rendered within thirty days after receipt of an invoice. The Agency shall submit monthly or quarterly reports along with each billing voucher. The total amount to be paid shall not exceed $50,000. If the Agency’s invoice, supporting documentation, and reports are not submitted within ninety (90) calendar days after completion of the services, Renton shall be relieved of all liability for payment to the Agency of the amounts identified in the invoice or any subsequent invoice; provided, however, Renton may elect to pay any invoice that is not submitted on time. 3.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2021, and ending December 31, 2021, unless sooner terminated under the provisions hereinafter specified. 4.Termination. Prior to the expiration of the Term, this Agreement may be terminated or suspended immediately, with or without cause by Renton. The Agency may cancel this Agreement only upon thirty (30) business days’ prior written notice to Renton. In the event Renton terminates or suspends this Agreement, the Agency will be entitled to receive compensation for any approved services rendered prior to the termination or suspension of this Agreement. The HSM’s determination of compensation shall be binding and conclusive Page 2 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 5.Ownership and Use of Documents. All calculations, computer files, documents, drawings, maps, models, photographs, specifications, and other materials produced by the Agency in connection with the services rendered under this Agreement, upon Renton’s request, shall become Renton’s property whether the project for which they are made is executed or not. 6.Independent Contractor. The Agency is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Agency and the City during the period of the Services shall be that of an independent contractor, not employee. A.The Agency, not the City, shall have the power to control and direct the details, manner or means of Services. Specifically, but not by means of limitation, the Agency shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Service or where scheduling of attendance or performance is mutually arranged due to the nature of the Services. B.Agency shall retain the right to designate the means of performing the Services covered by this agreement, and the Agency shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Agency is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City C.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Agency or any employee of the Agency D.The Agency shall provide at its sole expense all materials, office space, and other necessities to perform its duties under this Agreement unless otherwise specified in writing. E.The Agency, at its expense, shall obtain and keep in force any and all necessary licenses and permits to perform the work provided for herein. F.This Agreement shall be for the Parties’ sole benefit, and nothing contained herein shall create a contractual relationship with, or create a cause of action in favor of, a third-party against either party. 7.Hold Harmless. The Agency agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or Page 3 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 omissions of the Agency in its performance of this Agreement or a breach of this Agreement by Agency, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, its officers, officials, employees and volunteers, Agency’s liability shall be only to the extent of Agency’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Agency’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 8.Gifts and Conflicts. The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Agency shall not give a gift of any kind to City employees or officials. Agency also confirms that Agency and its employees do not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Agency, negotiating or administering this Agreement, or evaluating the Agency’s performance of the Services. 9.Insurance. Agency shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Services delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Service provided by a licensed professional or Services that requires a professional standard of care. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Agency’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. Page 4 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 E.Agency shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Agency liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Agency to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Services. G.Agency shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice 10.Record Keeping and Reporting A. The Agency shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by Renton to ensure the performance of this Agreement. B.These records shall be maintained as long as may be required by applicable Washington state records retential laws but in any event no less than for at least seven (7) years after termination of this Agreement unless permission to destroy them is granted by the office of the archivist under RCW Chapter 40.14 and by Renton. The Agency agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. C.The Agency shall provide no less than quarterly reports to Renton containing statistical data concerning client intakes and other relevant services performed by the Agency during the reporting period. Forms will be provided by Renton. The Agency will report to Renton in such quarterly report the types and number of programs which the Agency provided, together with information concerning the number of sessions, the number of people who participated or received the services, and if applicable, the number of staff service hours provided. The report shall contain information concerning both those services rendered to Renton residents and those rendered to nonresidents. An annual Outcomes and Demographic report will be submitted. Forms will be provided by Renton. 11.Project Files: The Agency shall maintain files for this project containing the following items: Page 5 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 A.Notice of Grant Award B.Motions, resolutions, or minutes documenting Board or Council actions C.A copy of this Agreement and Attachments, and Scope of Service correspondence regarding budget revision requests D.Copies of all project invoices, reports, and other documentation submitted to Renton. 12.Audits and Inspections. The records and documents for all matters covered by this Agreement shall be subject at all times to inspection, review, or audit by law during the performance of this Agreement. The Agency shall permit Renton, and state and federal agencies, from time to time as Renton deems necessary or as required by state, local, or federal law or regulation, to inspect and audit, at any and all reasonable times, all of the Agency’s pertinent books and records and any other person or entity that has performed work in connection with or related to the Agency’s services under this Agreement to verify the accuracy of accounting records, and shall supply Renton with, or shall permit Renton to make a copy of any books and records and any portion thereof pertaining to work under this Agreement, upon Renton’s request. The Agency shall ensure that such inspection, audit, and copying right of Renton is a condition of any contract, agreement, or other arrangements under which any other person or entity is permitted to perform work in connection with or related to the Agency’s services under this Agreement. 13.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Agency shall make a due diligent search of all records in its possession or control relating to this Agreement and the Services, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Agency believes said records need to be protected from disclosure, it may, at Agency’s own expense, seek judicial protection. Agency shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Agency has responsive records and for which Agency has withheld records or information contained therein, or not provided them to the City in a timely manner. Agency shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 14.Discrimination Prohibited. The Agency shall not discriminate against any employee, an applicant for employment, or any person seeking the services of the Agency to be provided under this Agreement based on age, color, creed, gender, gender expression, gender identity, gender preference, marital status, military or veteran status, national origin, families with children, race, religious beliefs, sexual orientation, sexual preference, Page 6 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person unless it is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. 15.Assignment and Subcontract. The Agency may not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of Renton. 16.Conflict of Interest. A.Governmental. No agent, counsel, director, employee, officer (appointed or elected), or representative of Renton who exercises any function or responsibilities in connection with the approval of, planning and carrying out of the program or services to which this Agreement pertains, nor any member of the immediate family of any such officer, employee or agent, shall have any personal financial interest, direct or indirect, in this Agreement, either in fact or in appearance, unless such interest is a remote interest as defined by RCW 42.23.040 (Remote interests). B.Agency. The Agency shall comply with all federal and state statutes and federal, state and local conflict of interest laws, policies, and regulations as they shall apply to all parties and beneficiaries under this Agreement, as well as to Renton’s agents, counsel, directors, employees, officers (appointed or elected), or representatives. The Agency represents that the Agency presently has no interest and shall not acquire any interest, direct or indirect, in fact, or in appearance, which would conflict in any manner or degree with the performance of the Agency's services and obligations hereunder. The Agency also agrees that its violation of the conflict of interest provisions of this agreement shall constitute a material breach of this contract subjecting the contract to immediate termination. The Agency has a continuing obligation to search and report any actual or potential conflicts of interest while performing work under this Agreement. C.Agency Employees. The Agency further covenants that, concerning its performance of this Agreement, no person having any interest, direct or indirect, in fact or in appearance, which would conflict in any manner or degree with the performance of the Agency’s services and obligations hereunder, shall be employed to perform or provide services under this Agreement. The Agency further covenants that it will implement and enforce requirements that its employees, concerning this Agreement or the activities assisted by or through this Agreement, will not directly or indirectly, actually or appear to (a) use their position for personal gain, (b) engage in activities that will conflict with in any manner or degree the performance of the Agency’s services and obligations hereunder, (c) will not have or obtain, a pecuniary interest, either for himself or herself or for those with whom he or she may have business ties or immediate family ties, or (e) will not benefit either for himself or those with whom Page 7 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 he or she may have business ties, and (f) will not accept or engage in outside employment that would conflict with his or her responsibilities under this Agreement. 17.Prohibited Use of Funds. None of the funds, material, property, or services provided directly or indirectly in this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the Renton City Council, the Washington State Legislature, the U.S. Congress, or any other legislative body. 18.Entire Agreement. This Agreement is the entire agreement between the Parties and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties. Either party may request changes in the agreement. Proposed changes that the Parties mutually agree upon shall be incorporated by written amendments to this Agreement. 19.Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. City of Renton: Dianne Utecht 1055 South Grady Way, Sixth Floor Renton, WA 98057 Phone: (425) 430-6655 Dutecht@rentonwa.gov Agency: Solid Ground Theresa Curry Almuti 1501 NE 45th Street Seattle, WA 98103 Phone: (206) 694-6841 theresac@solid-ground.org 20.City of Renton Business License: The Agency shall obtain a City of Renton Business License prior to performing any Services and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: https://dor.wa.gov/open-business 21.State of Washington Requirements. The Agency agrees to register and obtain any State of Washington business licenses, Department of Revenue account, and/or unified Page 8 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 business identifier number as required by RCW 50.04.140 (Employment—Exception tests) and 51.08.195 ("Employer" and "worker"—Additional exception) before performing any work under this Agreement. 22.Applicable Law; Venue; Attorneys’ Fees. This Agreement shall be governed by and construed under the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the Parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys’ fees, court costs, and expenses. 23.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Agency. B.General Administration and Management. The City’s project manager is Dianne Utecht. In providing Services, Agency shall coordinate with the City’s project manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Agency proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent an Agency prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Agency and all of the Agency’s employees shall perform the Services in accordance with all applicable federal, state, county and city laws, codes and ordinances. F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the Page 9 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Assigns and Successors. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Agency from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 24.Additional King County/Federal Provisions. A.Not-for-Profit Corporations. If the Agency is a not-for-profit corporation, costs for which the Agency requests reimbursement shall comply with the policies, guidelines, and requirements of 2 CFR Part 200 Subpart E, Costs Principles and Subpart F, Audit Requirements of the Uniform Administrative Requirements, unless otherwise provided in the Project/Program Exhibit(s). B.Program Income. The Agency shall report all CDBG and HOME Program Income, as defined in 24 CFR § 92.2, 92.503 and 570.504(c), generated under this Contract for Page 10 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 the purposes specified herein or generated through the project(s) funded under this Contract. Program Income is to be reported to the City/County. Program income shall be returned to the City/County unless the County specifies that it may be retained by the Agency. If the City/County authorizes the Agency to retain the Program Income to continue or benefit a project(s), the Agency shall comply with all provisions of this Contract in expending the funds. This duty to repay the City/County shall not be diminished or extinguished by the prior termination of the contract. C.Debarred Contractors. The Agency certifies that neither the Agency nor any person or entity with a controlling interest in the Agency is under suspension, debarment, voluntary exclusion or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 12549 or 12689, “Debarment and Suspension”. The Agency further certifies that neither the Agency nor any person or entity with a controlling interest in the Agency has any proceeding pending to suspend, debar, exclude or determine them ineligible from participation in federal assistance programs under Presidential Executive Order 12549 or 12689. The Agency shall not make any award at any time to any Agency, which is debarred, suspended or excluded, from participation in federal assistance programs under Presidential Executive Order 12549, “Debarment and Suspension”. The Agency shall ensure that all sub Agencys 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. D.Hold Harmless and Indemnification. In providing services under this Contract, the Agency is an independent Agency, and neither it nor its officers, agents, or employees are employees of the City/County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a City/County employee under state or local law. The City/County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, defend and save harmless the City/County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. The Agency further agrees that it is financially responsible for and will repay the City/County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. Page 11 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 This duty to repay the City/County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. Subcontractor (Agency) shall protect, defend, indemnify, and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph. To the maximum extent permitted by law, the Agency shall protect, defend, indemnify, and save harmless the City/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 Agency, its officers, employees, sub Agencys and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Agency 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 Agency, by mutual negotiation, hereby waives, as respects the City/County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the City/County incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. To the maximum extent permitted by law, the City/County shall protect, defend, indemnify, and save harmless the Agency, 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 City/County, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The City/County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City/County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the City/County. 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. Page 12 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. E.Nondiscrimination and Equal Employment Opportunity. 1.Equity and Social Justice a.Accessibility: The Agency shall evaluate and modify (as warranted) the way in which it provides services, so that services are accessible (language, location, delivery style, facility environment, etc.) to populations whose modes of engagement are different than the majority population. b.Commitment: The Agency shall conduct self-assessments, including obtaining input from culturally diverse populations (both client and non-client) and key stakeholders and uses this feedback in policy making, contract administration and service delivery. The Agency also creates opportunities/ensures that its workforce engages in ongoing education regarding culturally and linguistically appropriate policies and practices. 2.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 Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 3. Nondiscrimination in Subcontracting Practices To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this Contract, the Agency 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 sub Agencys and suppliers, the Agency shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. Page 13 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 4. Compliance with Laws and Regulations The Agency 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 Agency 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. 5. Small Agencies and Suppliers and Minority and Women Business Enterprises Opportunities King County encourages the Agency to utilize small businesses, including Small Agencys 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 Agency 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: a. Inquire about King County’s Contracting Opportunities Program. King County has established a Contracting Opportunities Program to maximize the participation of SCS in the award of King County contracts. The Program is open to all SCS firms certified by King County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County, the Program will apply to specific contracts. However, for those contracts not subject to the Program or for which the Contractor elected not to participate in the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program materials, including application forms and a directory of certified SCS firms, are available at the following Web-site address: http://www.kingcounty.gov/bdcc. The term “Small Contractors and Suppliers” (SCS) means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Program is set at fifty percent of the Federal Small Business Administration (SBA) small business size standards using the North American Industry Page 14 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 Classification System and Owners’ Personal Net Worth less than $750,000 dollars. b.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. c.Use the services of available community organizations, Agency 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. 6.Equal Employment Opportunity Efforts The Agency 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 Agency'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 Agency 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. 7.Compliance with Section 504 of the Rehabilitation Act of 1973 as amended Section 504) and the American Disabilities Act of 1990 as amended (ADA) Pursuant to Title II of the ADA and Section 504 the County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Agency agrees that it shall provide all programs, services and activities to County employees or members of the public under this Contract in the same manner as King County is obligated to under Title II of the ADA, and Section 504 and shall not deny participation or the benefits of such services, programs or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for, the immediate termination of this Contract. a.The Agency 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 Page 15 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 b.The Agency 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 Agency 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. 8.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 Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. 9.Fair Housing Protections The Agency shall comply with the federal Fair Housing Act, Public Law 90-284 (42 USC 3601 et seq.). The Agency 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 Agency 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. 10.Additional Federal Nondiscrimination Requirements The Agency shall comply with all applicable federal laws prohibiting discrimination, including the following: Page 16 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 a.Presidential Executive Order 11063 as amended and implementing regulations at 24 CFR Part 107; b.Section 109 of the HCD Act of 1974, as amended (42 USC 5301); c.The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and d.Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. 11. Prohibited Discriminatory Actions Except where expressly authorized by federal law, the Agency 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; c.Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; d.Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; e.Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; f.Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; g.Denying any person any opportunity to participate in a program or activity as an employee; and h.Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and communication barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense. The Agency 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 Page 17 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 sensory disability; or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular age, color, familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability. The Agency, 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. 12. Employment Projections In all solicitations under this Contract, the Agency shall state that all qualified applicants will be considered for employment. The words “equal opportunity employer” in advertisements shall constitute compliance with this section. 13. No Conflict with Federal Requirements. As indicated by HUD Notice CPD 04-10, a faith-based organization’s exemption from the federal prohibition on employment discrimination on the basis of religion, set forth in 42 USC 2000e-1(a), is not forfeited when the organization receives HUD funding. Faith based organizations, like any other entity participating in a HUD-funded program, must, however, comply with all the statutory requirements of that particular HUD-funded program. Both the CDBG and HOME Programs contain statutory provisions imposing non-discrimination requirements on all subrecipients, subgrantees or contractors. Religious organizations that believe that certain non-discrimination statutory requirements are substantially burdensome may be entitled to protection under the Religious Freedom Restoration Act [42 USC4000bb-3, 4000bb-2(1)] which applies to all federal law and its implementation. Subrecipients, subgrantees, or contractors should be aware that antidiscrimination provisions of Section 109 of the Housing and Community Development Act of 1974, Section 282 of the HOME Investment partnership Act may pose questions of conformance with Title VII of the Civil Rights Act of 1964 and future court rulings could define more specifically the application of these laws to faith-based organizations. In the event that a provision of this Contract is deemed to be in actual conflict with federal law, the conflicting provision in this Contract shall not apply. Page 18 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 F.No Conflict of Interest The Agency shall abide by the provision of 2 CFR 200 and 24 CFR § 570.611, if applicable, and by the following: The Agency shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by funds under this Contract; No employee, director, officer or agent of the Agency shall participate in the selection or in the award, or administration of a contract supported by funds under this contract if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and No covered persons who exercise or have exercised any functions or responsibilities with respect to any Contract-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may have or obtain a financial interest in any contract, subcontract or agreement regarding a Contract-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure and for one year thereafter. For purposes of this paragraph, "covered persons" includes any person who is an employee, agent, Agency, officer, or director of the Agency or the County. 1.No Preferential Treatment The Agency 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 Agency 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. 2.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 Agency, 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. Page 19 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 b.Agency shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this Contract may result in termination of this Contract. c.After Contract award, the Agency 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. G.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 Agency certifies, to the best of its knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence an officer or employee of any Agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 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 Agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contractsunder grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. Page 20 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. H.Drug-Free Workplace Certification and Other Federal Requirements A.Drug-Free Workplace Certification The Agency 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 Agency activities. The Agency shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to, the Hatch Act (5 USC Chapter 15) regarding political activities. [Signature blocks follow on the next page.] Page 21 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:__________________________ AGENCY By:____________________________ Armondo Pavone Mayor Caitlen Daniels Chief Program Officer ____________________________ Date Attested ____________________________ Jason Seth Renton City Clerk _____________________________ Date Approved as to Legal Form ____________________________ Shane Moloney Renton City Attorney Attachments: Exhibit A – Scope of Services Exhibit B –Renton’s Contract Exhibit with King County for services (the Principal Agreement) Exhibit C - Racial Demographics Form Exhibit D – Tenant Self Certification of Annual Income Form Exhibit E – Tenant Duplication of Benefits – COVID Impact Certification Form Exhibit F – Program Accomplishments Form Exhibit G – Billing and Performance Measures Form Page 22 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 8/3/2021 | 2:09 PM PDT 8/3/2021 | 2:18 PM PDT (approved via email from Leslie Clark) Exhibit A 2021 Scope of Services Agency: Solid Ground 2021 CDBG-CV (Round 1) Funds: $50,000 Program: Emergency Subsistence Payments (Rent Assistance) Effective Date: January 1– December 31, 2021 Total: $50,000 Program Overview: Agency shall use CDBG-CV funds to provide Emergency Subsistence Payments (Rent Assistance) for up to three months for each eligible low and moderate income Renton household served. Many families across our region have had their employment, income, and/or access to essential needs adversely impacted by the COVID-19 pandemic. This funding will offer these families, rental assistance who find themselves likely to face eviction. The program will help low and moderate income Renton families and individuals keep their housing through financial assistance paid to landlords that can help cover late/back-owed rent and utilities. Service Unit (SU)/ Performance Measures Goals SU 1: # Unduplicated City of Renton households served 21 SU 2: # of months of rent 21 Definition of Service Units/Performance Measures: •Service Unit 1 = Number of unduplicated City of Renton COVID-19 impacted households served, estimated to be 21. •Service Unit 2 = Number of months of rent/utility assistance to Renton households impacted by COVID-19, estimated to be 21. The Agency shall make payments directly to the Landlord. No payments shall be made directly to households. Rent assistance is for up to three months per eligible household. Amount of funding to support this service is $42,355. Funding: Item Estimated Amount Funding Source Rent Assistance $42,355 CDBG-CV (Round 1) Program Delivery $ 7,645 CDBG-CV (Round 1) Total $50,000 Client Eligibility Page 23 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 1.Services provided with funding under this agreement are limited to residents of the City of Renton. If client’s address is not 98055 or 98057 with a Renton mailing address, agency must verify residency by checking City of Renton maps (COR) or King County parcel viewer. 2.Agency shall maintain records that provide income information based on the below HUD Income Guidelines Table: 2021 HUD INCOME GUIDELINES Median Family Income = $115,700 for family of 4 Effective April 1, 2021 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOW INCOME INCOME INCOME 1 $24,300 $40,500 $63,350 2 $27,800 $46,300 $72,400 3 $31,250 $52,100 $81,450 4 $34,700 $57,850 $90,500 5 $37,500 $62,500 $97,750 6 $40,300 $67,150 $105,000 7 $43,050 $71,750 $112,250 8 $45,850 $76,400 $119,500 3.Clients shall self-certify in writing that their family income does not exceed the applicable limit for low and moderate income. See Exhibit D, Sample Tenant Self- Certification of Annual Income Form. 4.Low and moderate income person means an individual whose annual gross family income does not exceed Moderate Income limits based on the applicable family size in the above HUD Income Guidelines Table. 5.The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. Program Requirements The Agency shall use CDBG-CV funds to provide services to an estimated 21 unduplicated Renton households. Page 24 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 1.The Agency shall develop program guidelines including the below requirements. A copy of the guidelines and forms to be used by the Agency shall be provided to the City for review. 2.The Agency shall collect Client (Tenant’s) demographic information (See Exhibit C for sample demographics form) and documentation of eligible Client (Tenant) income which may include Self-Certification of Annual Income (see Exhibit D for sample tenant self- certification of annual income form). 3.The Agency shall ensure Program Guidelines are implemented for rent assistance prior to expending any funding. Program Guidelines shall include certification that no duplication of benefits occurs. a.Tenants shall certify that they have been impacted by COVID-19 and are receiving no duplication of benefits (See Exhibit E for sample tenant duplication of benefits certification). b.Landlords shall sign a Landlord Agreement, which includes the following certification: “By signing this form, the Landlord certifies it has not already received payment by or on behalf of the tenant for the time period covered by this Agreement. Landlord further agrees that if a duplication of payment has been found, they will promptly reimburse Renton/King County for the duplicated amount.” Reporting Performance Measures, Demographics Report, and certification forms: The Agency shall collect and retain performance measure, demographic data, and certification forms from the households served through this contract. Data should be tracked in an ongoing manner and submitted in forms approved by the City. Such reports shall be included with each invoice, along with any required receipts/timesheets, and be provided to the City either monthly, every other month, or quarterly. Each reimbursement request shall include the following: 1.Billing Invoice – Performance Measure Form (Exhibit G) 2.Program Accomplishments Form (Exhibit F) 3.List of payments made on behalf of each household, including payee (landlord) name, amount paid, number of months of Rent Assistance that payment supports. Page 25 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 Reporting Due Dates: May submit monthly, every other month, or quarterly Potential Invoice Submittal Dates Check Date June 7/June 21 June 15/June 23July 6/July 21 July 15/July 23August 4/August 19 August 13/August 31September 3/September 21 September 3/September 23October 6/October 20 October 8/October 22November 3/November 17 November 15/November 30December 6 December 15Final Invoice and Reporting Forms December 31, 2021 TBD The City of Renton will use a variety of measures as indicators of satisfactory contract performance. Exceptions may be made in cases where circumstances beyond the Agency’s control impact the ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the Human Services. Page 26 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSign Envelope ID: 1B18FD52-2507-45E8-98EE-5707BAA55C57 Exhibit B Renton’s Contract Exhibit with King County for services Solid Ground Rent Assistance Contract No.: 6181828 Project No: CV2005-1138627 King County Project Manager: Laurie Wells City Contact Person: Dianne Utecht Start Date: January 1, 2021 Telephone: 425.430.6655 End Date: December 31, 2021 Email: Dutecht@rentonwa.gov I.WORK STATEMENT The City of Renton (hereinafter "The Subrecipient) shall provide supportive services in accordance with the terms and conditions described herein. The total amount of reimbursement pursuant to this Exhibit shall not exceed $50,000 in King County Community Development Block Grant-Coronavirus (CDBG-CV) funds for the period January 1, 2021 through December 31, 2021. The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is 14.218. Federal Award Identification Numbers (FAIN) are B-20-UW- 53-001. II.PROGRAM DESCRIPTION A.Outcome/s The Subrecipient shall use CDBG-CV funds to provide Emergency Subsistence Payments (Rent Assistance) for up to three months for each household served. B.Indicators The number of households served: a minimum of 21. C.Eligibility City of Renton 1.Services provided with funding under this Exhibit may be limited to residents of the City of Renton. 2.Records shall be maintained that provide rental assistance applicants' income information based on Attachment F HUD Income Guidelines Table. 3.Tenant applicants shall self-certify in writing that their family income does not exceed the applicable limit. 4.Low-and moderate-income person means an individual whose annual gross family income does not exceed the Moderate Income limits based on the applicable Family Size in the Attachment: "HUD Income Guidelines Table." 5.The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. Page 1 of 5 CDBG-CV Contract 6181816, Exh Ill Page 27 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSignEnvelopeID:1B18FD52-2507-45E8-98EE-5707BAA55C57D.ProgramRequirementsTheSubrecipientshalluseCDBG-CVfundstoprovideservicestoaminimumof21unduplicatedhouseholdswithfundsprovidedunderthisExhibit:1.TheSLibrecipientshalldevelopProgramGuidelines,which maybeadaptedfromKingCounty’sEmergencyRentalAssistanceProgram(AttachmentB).2.TheSubrecipientshall collectTenants’demographicinformation(seeAttachmentCforsampledemographicsform)anddocumentationofeligibleTenants’income,whichmayincludeSelf-CertificationofAnnualIncome(seeAttachmentDforsampleself-certification).3.TheSubrecipientshallensureProgramGuidelinesareimplementedforrentassistancepriortoexpendinganyfunding.Program Guidelinesshallincludecertificationsthatnoduplicationofbenefitsoccurs.a.Tenantsshallcertifythattheyhave beenimpactedbyCOVID-19andarereceivingnoduplicationofbenefits(seeAttachmentEforsamplecertification).b.LandlordsshallsignaLandlordAgreement,whichincludesthefollowingcertification:‘Bysigning thisform,theLandlordcertifiesithasnotalreadyreceivedpaymentbyoronbehalfofthetenantforthetime periodcoveredbythisAgreement.Landlordfurtheragreesthatifa duplicationofpaymenthas beenfound,theywillpromptlyreimburseKingCountyfortheduplicatedamount.”4.ConflictofInteresta.InterestofOfficers,Employees,orAgents:Noofficer,consultant,electedorappointedofficial,employee,oragentoftheSubrecipientorAgencywhoexercisesanyfunctionsorresponsibilitiesinconnectionwiththeplanningandcarryingoutoftheBlockGrantProgram,or whoareinapositiontoparticipateinadecisionmakingprocessor gaininsideinformationwithregardtosuchactivities,mayobtainafinancialinterestorbenefitfromaCDBG-CVassistedactivity,orhaveafinancialinterestinany contract,subcontract,oragreementwithrespecttoCDBG-CVassistedactivity,eitherforthemselvesorthosewithwhomtheyhavebusinessorimmediatefamilyties,duringtheirtenureorforoneyearthereafter.b.InterestofSubcontractorandTheirEmployees:TheSubrecipientagreesthatitshallincorporateintoeverysubcontractrequiredtobeinwritingandmadepursuanttothisAgreementthefollowingprovisions:CityofRentonPage2of5CDBG-CVContract6181816.ExhIllPage 28 of 37DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocusignEnvelopeID:1RJ8FDS2-2507-45E8-9BEE-5707BAA55C57TheSubrecipientcovenantsthatnopersonwhopresentlyexercisesanyfunctionsorresponsibilitiesinconnectionwiththeCommunityDevelopmentBlockGrantProgramhasanypersonalfinancialinterest,directorindirect,inthisContract.TheSubrecipientfurthercovenantsthatitpresentlyhasnointerestandshallnotacquireanyinterest,directorindirect,whichwouldconflictinanymannerordegreewiththeperformanceofitsserviceshereunder.TheSubrecipientfurthercovenantsthatintheperformanceofthisContractnopersonhavinganyconflictinginterestwillbeemployed.AnyinterestonthepartoftheSubrecipientoritsemployeesmustbedisclosedtotheSubrecipientandtheCounty.5.CopyrightIfthisContractresultsinanycopyrightablematerial,KingCountyreservestherighttoroyalty-free,nonexclusiveandirrevocablelicensetoreproduce,publishorotherwiseuseandtoauthorizeotherstouse,theworkforgovernmentalpurposes.6.PublicInformationInallnewsreleasesandotherpublicnoticesrelatedtoprojectsfundedunderthisAgreement,theSubrecipientshallincludeinformationidentifyingthesourceoffundsastheKingCountyCDBGProgram.7.SeparationofFundsTheSubrecipientshallnotusefundsidentifiedintheProjectBudgettopayforanycostsincurredpriortoJanuary1,2021.8.SubcontractedServicesa.InadditiontotherequirementsofSection20.SUBCONTRACTSANDPURCHASES,oftheContract,theSubrecipientshallexecutewrittenagreementswitheachagencywithwhichitsubcontractstoprovideservices(hereinafterImplementingAgency”)andshallincorporateintosuchsubcontractsthefollowingapplicableprovisionsofthisExhibit:SectionII.D.,ProgramRequirements.b.TheSubrecipientshallinvoicetheCountyfordueandpayableinvoicesoftheImplementingAgencyorforcostspaidbytheSubrecipientforgoods,materialsorservicesalreadyprovided.TheSubrecipientshallinvoicetheCountyaftertheImplementingAgencyhasinvoicedtheSubrecipient.TheSubrecipientshallincludeacopyoftheImplementingAgency’sinvoicewithitsinvoicesubmittedtotheCounty.TheSubrecipientshallensurethatallcostsforwhichtheImplementingAgencyrequestsreimbursementareallowableinaccordancewiththeOfficeofManagementandBudget2CodeofFederalRegulations(CFR)200.402,SUBPARTE—COSTPRINCIPLESasapplicable.9.TheSubrecipientshallimplementtheprojectwithinthecontractperiodandsubmitbothinvoicesandrequiredreportstotheCountyinacompleteandtimelymannernolaterthanthe15thofthemonthfollowingtheappropriatequarter.CityofRentonPage3of5CDBG-CVContract6181816,ExhIllPage 29 of 37DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocusignEnvelopeID:1Bi8FD52-25Q7-45E8-98EE-5707BAA55C57Ill.COMPENSATIONANDMETHODOFPAYMENTA.InvoicepackagesshallbesubmittedtotheCountybythe15thdayofthemonthfollowingtheendofthequarterexpenseswereincurred.Invoicesforpreviousquarters,ifany,willbeduethe15thdayaftertheContractisexecuted.B.TheSubrecipientshallsubmittotheCountyitsfinalinvoiceinaccordancewithSectionV..COMPENSATIONANDMETHODOFPAYMENT,oftheContractonaCDBG-CVProgramInvoiceFormprovidedbytheCounty.SuchformsshallbesignedbyanauthorizedrepresentativeoftheSctbrecipient.C.ThequarterlyinvoicesshallbeaccompaniedbyalldocumentsrequiredbySectionIV,REPORTINGREQUIREMENTS,ofthisExhibit,whichfalldueduringthebillingperiod.1.TheSubrecipientshallbeeligibletobereimbursedupto100%oftheContract,withthefollowingtermsandconditions.Allrequireddocumentsmustaccompanytheinvoicestatementinordertoreceivepayment.2.Finalinvoicereimbursementrequestshallbesubmittedwithin15daysofcontractendwithallrequiredsupportingdocumentationandreports.D.SubrecipientshallapplyCountyfundstotheprojectinaccordancewithlineitembudgettobeprovidedtotheCountyatthetimethesub-contractisexecuted.CDBGFundsKingCountyCDBGFundsCFDA14.218CDBG-CVJointAgreementCityFundsB-20-UW-530001$50,000TotalCDBGFunds:$50,000LineItemBudget—tobeprovidedwhensub-contractisexecuted.IConsultant/PurchasedServices—RentAssistance$42,355IConsultant/PurchasedServices—ProgramAdministration$7,645TotalCDBGFunds:$50,000IV.REPORTINGREQUIREMENTSA.RecordsTheSubrecipientshallmaintainfilesforthisExhibitcontainingthefollowingitems:1.NoticeofGrantAward,Motions,resolutions,orminutesdocumentingBoardorCouncilactions;2.AcopyofthisExhibitandtheCounty’snoticetoproceedonthisExhibit;3.Correspondenceregardingbudgetrevisionrequests;4.CopiesofallinvoicesandreportssubmittedtotheCountyforthisExhibit;5.Billsforpayment;6.Copiesofapprovedinvoicesandwarrants;CityofRentonPage4of5CDBG-CVContract6181816.ExhIIIPage 30 of 37DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSignEnvelopeID:1Si8FD52-2507-45E8-9BEE-57375AA55C577.DocumentationrequiredbythisContractifanyfundsprovidedunderthisExhibitareusedtoacquireequipment;and8.RecordsdocumentingthatcostsreimbursedwithfundingprovidedunderthisExhibitateallowableinaccordancewith2CFR200SUBPARTE—COSTPRINCIPLES.Suchrecordsinclude,butarenotlimitedto:a.Personnelcosts,payrolltimesheetsforactualsalaryandfringebenefitcosts(timesheetsshallbesignedbyasupervisorand,iflessthanfulltime,annotatedtodocumentpercentoftimechargedagainstthisExhibit);b.Stafftravel,documentationofmileagechargesforprivateauto:andc.Copymachineuse,postage,telephoneuse,andofficesupplies.B.ReportsTheSubrecipientshallcompleteandsubmitacompletedProgramAccomplishmentFormforeachquarterinaformat providedbytheCounty.CityofRentonPage5of5CDBG-CVContract6181816,ExhIllPage 31 of 37DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSign Envelope ID: 1B18FD52-2507-45E8-98EE-5707BAA55C57 EXHIBIT C King County Community Development Block Grant (CDBG-CV) EVICTION PREVENTION AND RENTAL ASSISTANCE PROGRAM RACIAL DEMOGRAPHICS FORM Today's Date: __________ _ Client Name:. __________ _ Client Address: ·----------- Please check the box that best describes your race. This information is required by the Department of Housing and Urban Development (HUD) that is providing rental assistance funding. This information will only be used for Federal reporting as a total. Individual information is not shared with any Federal Agency. Check if ALSO Racial Categories Please check ONE Hispanic or Latlnx American Indian or Alaska Native □ □ Asian □ □ Black or African American □ □ Native Hawaiian or Other Pacific Islander □ □ White □ □ American Indian or Alaska Native and White □ □ Asian and White □ □ Black or African American and White □ □ American Indian or Alaska Native and Black or African □ □ American Other multi-racial -please describe. □ Client Signature: ___________ _ City of Renton Page 1 of 1 Page 32 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSign Envelope ID: 1B18FD52-2507-45E8-98EE-5707BAA55C57 EXHIBIT D King County Community Development Block Grant (CDBG-CV) EVICTION PREVENTION AND RENT ASSISTANCE PROGRAM TENANT SELF CERTIFICATION OF ANNUAL INCOME INSTRUCTIONS: Please complete the information below for all individuals living in your residence. Applicant First Name: Last Name: Household Member lntocmat;on fplease include applicant name ;n this list) First Name: Last Name: HH CH DIS 62+ S=!:18 ... HH = Head of Household; CH= Co-Head of Household; DIS= Person with d1sab111t1es; 62+ = Person 62 years of age or older; S�18 = Fulltime student age 18 or over; <18 = Child under the age of 18 years; <15 = Minor under the age of 15 years contact lntormatjon Address Line 1: Cit Address Line 2: State: Zip Code: Income lntormat;on Please indicate your estimated household annual income. <18 Note that "Household" means all persons in your household, living at the same address. A household may be a family, two or more families living together, or any other group of related or unrelated persons sharing living arrangements. Income is defined as the total annual income before taxes of all family and non-family members 18+ living within the household. All sources of income must be counted from all persons in the household. Income may include: wages from employment; business income; rental income from real or personal property; interest or dividends from assets; social security payments, annuities, insurance policies, retirement, pensions, or death benefits; unemployment benefits; public assistance; periodic allowances such as alimony, child support, or gifts from persons not in your household; and/or any other source not named above. I Annual gross income (total of all members) = $ City of Renton Page 1 of 2 CDBG-CV Contract 6181816, Exh Ill -Attachment D <15 Page 33 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocusignEnvelopeID:1Bi8FD52-25O745E898EE57O7BAA55C57CertificationI/Wecertifythatthisinformationiscomplete andaccurate.I/Weagreetoprovide,uponrequest,documentationofallincomesourcestotheKingCountyEvictionPreventionandRentalAssistanceProgramAdministrator.I/WecertifythatthisfundingassistanceisonlytocoverunpaidrentorutilitycostsduetoalossofincomeduetoCOVID-19.SELFCERTIFICATIONOFANNUALINCOMEBYBENEFICIARYHEADOFHOUSEHOLD/CO-HEADOFHOUSEHOLD(APPLICANT)SignaturePrintedNameDateSignaturePrintedNameDateWARNING:TheinformationprovidedonthisformissubjecttoverificationbyHUDat anytime,andTitle18,Section1001oftheU.S.CodestatesthatapersonisguiltyofafelonyandassistancecanbeterminatedforknowinglyandwillinglymakingafalseorfraudulentstatementtoadepartmentoftheUnitedStatesGovernment.CityofRentonPage2of2CDBG-CVContract6181816,ExhIII-AttachmentDPage 34 of 37DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSign Envelope ID: 1B18FD52-2507-45E8-98EE-5707BAA55C57 EXHIBIT E King County Community Development Block Grant (CDBG-CV) EVICTION PREVENTION AND RENTAL ASSISTANCE PROGRAM TENANT DUPLICATION OF BENEFITS-COVID IMPACT CERTIFICATION Today's Date: __________ _ Client Name: __________ _ Please mark the box below regarding any prior assistance: D No, I/we have not applied for or received any funding assistance for rent and/or utilities from another agency in the past 12 months. (lnitial) _______ (,lnitial) ______ _ D Yes, I/we have applied and received funding assistance from the following agencies to assist us with rent and/or utilities in the past 12 months. (lnitial) _______ (lnitial)_ Organization/Agency Amount Requested Amount Month of Rent Received $ $ $ $ $ $ $ $ $ $ $ $ Have you submitted any applications for rent and/or utilities assistance that you are waiting to hear about? (check one) 0 YES □ NO (If YES, write the name of agency and date applied) Signatures Name: ____________________ _ Name: ____________________ _ Date ________ _ Date ________ _ CERTIFICATION: I Certify that the information I have provided above is an accurate and complete disclosure. Client Signature: ___________ _ Client Signature: ___________ _ City of Renton Page 1 of 1 CDBG-CV Contract 6181816, Exh Ill Page 35 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 DocuSign Envelope ID: 1B18FD52-2507-45E8-98EE-5707BAA55C57 EXHIBIT F HUD Income Guidelines Table City of Renton Page 1 of 1 CDBG-CV Contract 6181816, Exh Ill Page 36 of 37 2021 HUD INCOME GUIDELINES Median Family Income = $115,700 for family of 4 Effective April 1, 2021 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOW INCOME INCOME INCOME 1 $24,300 $40,500 $63,350 2 $27,800 $46,300 $72,400 3 $31,250 $52,100 $81,450 4 $34,700 $57,850 $90,500 5 $37,500 $62,500 $97,750 6 $40,300 $67,150 $105,000 7 $43,050 $71,750 $112,250 8 $45,850 $76,400 $119,500 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958 Date: Invoice No.: Name of Agency: Solid Ground Mailing Address: Reporting Period: Budget Summary: Total Contract Amount: $ 50,000 Previous Payments: CURRENT REQUEST: Total requested this $ contract to date: Amount remaining: $ 50,000 Estimated Contract Amount No. Unduplicated Renton Households served. No. months of Rent/Utility $ 42,355 Assistance Program Delivery Costs $ 7,645 TOTALS $ 50,000 Narrative: Exhibit G City of Renton, Washington 2021 Billing Voucher/Performance Measures Form for CDBG- CV (Round 1) Rent Assistance l CURRENT REQUEST Previous Request(s) Amount($) I Amount($) Performa Perf. Actuals Perf. Actuals nceGoal spent spent I 21 ����f�/◄ 21 l 0 0 0 0 LI I I TOTALS TOTAL TOTAL No. Amount($) Performance spent Actuals - ·��� 0 0 0 0 Page 37 of 37 DocuSign Envelope ID: 0D2B1F5E-5C2A-4C1E-8132-34977BF3D958