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HomeMy WebLinkAboutCAG19-002 - Original - Judy Smith de Barros - Evaluation of Parallel Human Services Application Process - 12/17/2018 �1" T R le c o r d s M 14,11"1 14-n O'� f� I�C Document WA9HINGTOM T CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Judy Smith de Barros Vendor Number: JD Edwards Number Contract Number: C J4 6 111 -ooz This is assigned by City Clerk's Office Project Name: Evaluation of Parallel Human Services Application Process Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/17/18 Termination Date: 5/31/19 12/31/18 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Dinah Wilson Department: Parks-Human Services Contract Amount: $7,200 Approval Authority. (CIRCLE ONE) IlDivision Mana e Mayor City Council Detail (i.e. address location, parcel number, tax id, etc.): This is a General fund contract, Funding provided to evaluate the Paralle 11 l 11 H 11 uman Services Application process. tp 34/7/15 • � CONSULTANT SERVICES AGREEMENT between the City of Kent and Judy Smith de Bt•arros THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Judy Smith de Barros, a private consultant, with a Washington State business license, doing business at 361 Newton Street, Seattle WA, 98109, (hereinafter the "Consultant"). Project Summary I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant shall evaluate the 2017-2018 Parallel Human Services Application Process. In addition, Consultant shall complete a brief review of the 2019-2020 Parallel Human Services Application process (this includes, but is not limited to, an assessment of how the cities of Kent and Federal Way handled the process and discussion, feedback, and recommendations from some of the organizations that applied). The following exhibits are attached and incorporated by this reference as if fully set forth herein: Exhibit A, Project Scope of Services; Exhibit B, Billing Voucher Exhibit C, Insurance Requirements; and Exhibit D, Certification Reclardinci Debarment and Suspension. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by May 31, 2019. This Agreement, however, is contingent upon the availability of funds to be allcoated through the City's budget process. All acts consistent with the authority of the Agreement and prior to the date of the Agreement's execution are hereby ratified and affirmed, and the terms of this Agreement shall be deemed to have applied. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $7,200.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F, The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL NN U�j , TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement• The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Comotliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business LjoensgeR-eavired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counteroarts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: (s. nature) (Siga ire) Prin Nam Merina anson Print )ame: L,P yetr('C-S Its: Housing & Human Services Manager Parks Department, Judy Smith de Barros Consultation Housing & Human Services Division (title) DATE: Z rJ DATE: t 1) /J 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Judy Smith de Barros Dinah R. Wilson, Sr. CDBG Coordinator 361 Newton Street City of Kent Seattle, WA 98109 220 Fourth Avenue South Kent, WA 98032 (206) 234-2456 (telephone) 253.856.5076 (telephone) 253. 856-6070 (facsimile) P:Human Services 2017-2018 Parallel Apply, U0 n Con[raRs CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: Ju v Smith de Barros Consultation Title: Consultant Date:_........_..z....I-p- — ................ EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ____________ For: Judy Smith de Barros Qonsultation Title: Consultant Date: EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 EXHIBtIT A SCOPE AND SCHEDULE OF WORK CONSULTANT SERVICES AGREEMENT Judy de Barros Consultation Evaluation of Parallel Human Services Application Process PROJECT SUMMARY Human services funders acknowledge that a significant number of populations residing in King County (especially South King County) are under-served, under- represented' and under-resourced due to barriers to access, language barriers, capacity to apply for human services funds through processes created by mainstream institutions, and lack of understanding of how to successfully maneuver through mainstream institutions. To decrease these barriers, the cities of Kent, Federal Way and Tukwila, collaborated with Seattle Foundation on a Parallel Human Services Application pilot in 2017-2018.2 The project provides small human services grants to under- represented and under-resourced organizations, most of which are Ethnic Community Based (Seattle Foundation matched funds during 2017). The cities of Kent and Federal Way renewed the project for 2019-20203. As a result of the project, the jurisdictions wish to acquire a deeper understanding of the barriers, how to decrease or eliminate barriers, and identify policy changes that can be made to successfully integrate all organizations that provide vital services to residents into the human services funding stream. SCOPE OF WORK The purpose of this agreement is to procure consultant services to evaluate the 2017-2018 Parallel Human Services Application Process (PAP). In addition, Consultant shall complete a brief review of the 2019-20 Parallel Human Services Application process (this includes, but is not limited to, an assessment of how the cities of Kent and Federal Way handled the process and discussion, feedback, and recommendations from some of the organizations that applied). During the term of this agreement, the Consultant shall: ' Under-served, under-represented, and under-resourced populations include immigrants, refugees, English Language Learners (ELL), People of Color, LGBTQ and/or People with Disabilities. 2 See Attachment 1: Parallel Human Services Application Process 2017-2018 Human Services Application Cycle. 3 See Attachment 2: Parallel Human Services Application Process 2019-2020 Human Services Application Cycle. Page 11 of 3 A. Interview and collaborate with staff from cities that participated in the PAP (Kent, Federal Way, and Tukwila)4. B. Interview and collaborate on this evaluation with the following organizations that received funds from all three cities5 1. Partner in Employment 2. Mother Africa 3. Circulo de Mamas (now known as Mujer al Volante) C. Interview and collaborate on this evaluation with some of the organizations that applied for but did not receive funds from the City of Kent. D. Submit a written report to the City of Kent documenting the results of the evaluation; e.g., include lessons learned, successes, continuing challenges, recommendations for systemic improvements to facilitate equitable funding, strategies to increase awareness among funders, etc. E. Provide a draft copy of the written report to the City by April 1, 2019. F. Provide the City of Kent five bound copies and an electronic copy of the report. G. Consult with the City in the event there is a need to revise this timeline. Outcomels3 • Ensure that interviews are held with organizations that received small PAP grants from participating cities. • Ensure that interviews are held with organizations that applied for but were not awarded small PAP grants from the City of Kent. Provide recommendations and ideas for systemic improvements to facilitate equitable funding to under-served and under-resourced organizations. Recommend strategies to increase awareness among funders. Provide a written report to the City. Budget6: Consultant Costs $5,600.00 Stipends to interviewed organizations $1,500.00 Miscellaneous; e.g., report copying fees $ 100.00 Total Project Reimbursement: $7,200.00 Billing Tiimeline & Schedule of VWork The Consultant may bill monthly or submit one single billing for services rendered. Such documentation will include the following (as applicable): Billing should be submitted on Exhibit B (Billing Voucher). If monthly billing is submitted, it should 4 All three cities participated in 2017-2018; however, Tukwila is not participating in 2019-2020. s Kona Kai Coffee also received funds from the three cities; however, the City of Kent only provided funds in 2017. Additionally, the owner of Kona Kai Coffee left the organization in 2018 and may not be available for an interview. e These are estimated costs that will depend on the number of organizations interviewed and copying costs. The consultant has the discretion on the final number of interviews, and the number will also be impacted by organizational availability. Page 12 of 3 be submitted by the 15t" of the month following the month of service. The billing timeline and Schedule of Work are as follows: Billing Timeline: Final Billing Voucher June 15, 2019 Schedule of Work: Draft Report Due to City April 1, 2019 Final Report Due to City May 31, 2019 Contract Administration and Management The above services shall begin within five days from execution of the Consultant Services Agreement. The Final Report (s) shall be provided no later than May 31, 2019. Failure to provide services by the dates listed in the Schedule of Work could lead to the termination of this Agreement and forfeit payment to the Consultant. Please sign to indicate acceptance of the Scope and Schedule of Work listed above. h ._ ~� 7j-S th`de Barros, Consultant Date Mer a on, City�b Kent Date Housing Human Services Manager Parks Department, Housing & Human Services Division Page 13 of 3 w. a ATTACHMENT 1 to SCOPE OF WORK PARALLEL HUMAN SERVICES APPLICATION PROCESS 2017-2018 HUMAN SERVICES APPLICATION CYCLE Participating Funders: Cities of Federal Way, Kent,Tukwila and Seattle Foundation STATEMENT OF NEED AND PURPOSE Human services funders acknowledge that a significant number of populations residing in King County (especially South King County) are under-served, under-represented'and under-resourced due to barriers to access, language barriers, capacity to apply for human services funds through processes created by mainstream institutions, and lack of understanding of how to successfully maneuver through mainstream institutions. Applications are written in English and responses must be submitted in English. One of the main reasons applications submitted by small Ethnic Community Based Organizations(ECBOs) are rejected for funding is that they are poorly written, and many of these organizations are led by directors and board members who are Limited English Proficient (LEP). Studies have shown that English language proficiency (written and spoken) is one of the most significant determinants of economic success and social integration, and it is also a factor in funding decisions. Despite these barriers, we recognize that a large portion of the human services provided to under- served, under-represented and under-resourced populations are delivered by ECBOs or linguistically and culturally proficient staff in small mainstream organizations. These organizations and programs receive a disproportional percentage of human services funds; therefore, we are creating a pilot for cities to dedicate a small portion of their human services budgets for small organizations (budget up to $200,000)serving racially, ethnically and economically disadvantaged populations to apply for 2017- 2018 human services funds using a simplified application process. Some may take the view that this process takes funds away from organizations that are successfully delivering services in municipalities. The counter view is that this process fosters inclusiveness by widening the funding distribution list to provide opportunities to organizations that have historically been left out. These under-resourced organizations have continued to deliver services to our residents with little or no government support. Ironically, services are provided with funds that are frequently paid out-of-pocket by organizational leaders who are often economically disadvantaged themselves. As a result of this pilot process, we will acquire a deeper understanding of the barriers, how to decrease or eliminate barriers, and identify policy changes that can be made to successfully integrate all organizations that provide vital services to residents into the human services funding stream. 1 Under-served, under-represented, and under-resourced populations include immigrants, refugees, English Language Learners (ELL), People of Color, LGBTQ, and/or People with Disabilities. ATTACHMENT 1 to SCOPE OF WORK ELIGIBILITY Organizations eligible for this funding must;. • Have a budget of$200,000 or less; AND • Not have received funding from Federal Way, Kent or Tukwila between 2013-2016; AND • Specialize in serving an under-served, under-represented and/or under-resourced population (i.e., immigrants, refugees, English Language Learners(ELL), People of Color, and/or LGBTQ; AND + Have a Board of Directors and staff that represents the population served;AND + Demonstrate through its application that service or assistance is being provided in one of the participating jurisdictions or to a significant number of people living in one of the participating jurisdictions; AND • Address or support a human services need or priority identified by the funding jurisdiction or an emerging need recognized by the jurisdiction's Human Services Board or Commission. BUDGET City of Federal Way $ 15,000.00 City of Kent $ 25,000.00 City of Tukwila $ 10,000.00 Seattle Foundation 50 000.00 (match) Total: $300,000.00 Grants will range from approximately$2,000 to $5,000 per funded project; however,these amounts are subject to change based on availability of funds and scope of work. HOW TO APPLY The attached LOI must be submitted via e-mail, or dropped off, by October 25,2016,4:00 p.m.,to the City staff listed below(please make sure that you e-mail OR drop off the LOI to each person in the City in which you are applying): • City of Federal Way:Jeff Watson, Community Services Division Manager je'Ef.watsonC7a citybffederalway.coan 253-835-2650, or drop off at Community Services Division, 33325 8th Ave. South, Federal Way, WA 98003 • City of Kent: Dinah Wilson, CDBG Coordinator drwilsonfv7kenlwa.go_v 253-856-5076, or drop off at Kent City Hall, Human Services Division, 3rd Floor, 220 41h Ave. South, Kent,WA 98032 • City of Tukwila: Evie Boykan, Human Services Manager evie.boykanC6)tukwilawa.gov 206-433- 7180, or drop off at Office of Human Services, 6300 Southcenter Blvd. #115,Tukwila, WA 98188 Please note that applications will not be accepted after the deadline. QUESTIONS Contact staff listed above via e-mail or phone if you have questions. All inquiries must be made by 4:00 p.m. on Friday, October 21". iii ATTACHMENT 1 to SCOPE OF WORK Timeline/Process October 11,2016 LO/released October 18,2016 from 9:00 am to 11:30 a.m.,400 W. Technical Assistance Meeting(please bring a copy of Gowe St.,Kent,WA 98032,Centennial Building, what you have written;all other assistance will be Conference Rooms North&South provided via phone or email if you miss this meeting_) October 21,2016,4:00 p.m. Deadline for receiving application assistance-no questions will be answered or help provided after this date October 25,2016,4:00 pm L01 due Week of October 31,2016 Parallel application committee meets to review applications funding jurisdiction takes the lead on applications submitted to its city;Committee weighs in on the application, but the funding city makes the final decision on whether applicant is apparently successful and should receive on interview or a visit Week of November 7,2016 Committee Interviews/Site Visits with apporently successful applicants Week of November 14,2016 Committee makes recommendations on which applications will receive funds;the funding city's HS Commission/Advisory Board has final authority Due by the end of November Notice of Funding Award 2017 and 2018 Approximately two annual meetings will be scheduled between the grantees and the parallel application committee-this is an opportunity to share ideas and learn from each other about what works and what needs to be improved Ji ATTACHMENT 1 to SCOPE OF WORK LETTER OF INTEREST (LOI) 2017-2018 HUMAN SERVICES APPLICATION CYCLE Parallel Application Pilot for Small Organizations Participating Funders: Cities of Federal Way, Kent, Tukwila and Seattle Foundation E-mail,scan, OR drop off this LOI by October 25,2016,4:00 p.m., to the City staff listed below(please make sure that you submit the LOI to each person in the City in which you are applying)If you e-mail or scan a copy,a signature is required on#3 of the LOI. Responses should be kept to four(4)pages or less. Use at least 11 point Calibri or Times Roman font. Please only submit pages 1-4 of LOI;you may delete this instructions box. a City of Federal Way:Jeff Watson, Community Services Division Manager Jeff Watson@cityoffederalwoy.Com 253-835-2650,or drop off at Community Services Division, 33325 8th Ave. South, Federal Way, WA 98003 + City of Kent:Dinah Wilson, CDBG Coordinator drwilson i@entwa.gov 253-856-5070, or drop off at Kent City Hall, Human Services Division,3id Floor, 2204rh Ave.South,Kent, WA 98032 • City of Tukwila:Evie Boykan, Human Services Manager evie.bo.Lan @ tikwiIowa.aov 206-433-7180, or drop off at Office of Human Services, 6300 Southcenter Blvd. #115, Tukwila, WA 98188 Someone from the application review team will contact you to let you know if your application is likely to be funded (all applicants will be contacted regardless). If it is determined that you are an apparently successful applicant, you will be scheduled for an interview and/or a site visit durinq the week of November 7`b. 1. Name of Organization 2. Organization Address 3. Contact Person Title Contact Phone E-Mail Signature of Executive Director/Board Chair Signature(for organizations that have 501(c)nonprofit status) Type or Print Name Signature of Fiscal Sponsor Executive Director or Board Chair Signature(for organizations that have fiscal sponsors) 2 If you need application assistance,you must contact City staff by 4:00 p.m.on October 21s'. No questions will be answered or help provided after this date. 1 ATTACHMENT 1 to SCOPE OF WORK Type or Print Name 4. What year did you organize or start assisting your community? 5. Briefly describe your organization and what you are trying to accomplish through your work. 6. Have you received funding previously (this can be from any source)? If yes, how much and name the source? 7. What is your tax ID number? 8. Are you using a fiscal sponsor? What is the name of the sponsoring organization? What is the Fiscal Sponsor Tax ID#? 9. Does your organization have a bank account? What is the name on the account? 10. Does your organization have insurance? (Please note that the City of Tukwila requires insurance.The other cities may also require insurance, depending on your project. If you are applying for funds from Tukwila,you should ask Seattle Foundation to provide operating funds to cover insurance. If you have questions about whether the other cities will require insurance, contact staff listed on the application. See#14.) 11. What is the total cost of the project or activity? 12. How much money are you requesting (grants generally will be from $2,000 to $5,000 from each City)? Amount requested from City of Federal Way$ Amount requested from City of Kent$ Amount requested from City of Tukwila$-- (Please note that cities will not provide all of the funds for your project until it is completed, and you will need to show that the work has been done.) 13. If a City funds your project, Seattle Foundation will provide a matching grant up to the amount you receive for the first year (2017) from each City. Seattle Foundation grants will be for general operating. (General Operating funds can include a variety of costs you need to operate your program such as: funds to purchase insurance for your organization, pay for room rental, food and/or child care for an event, bus tickets/ORCA passes, costs to advertise your event, office supplies, copying costs, staffing, etc. Costs must be associated with your project.) How much are you requesting in operating costs from Seattle Foundation $ 2 ATTACHMENT 1 to SCOPE OF WORK How will you use operating funds? 14. What is your organization contributing to the project? (This could be money,food, volunteers, space, etc. If your organization is contributing money, please list how much and the source of the money.) 15. If you have other funds for this project, please list source and amount (write N/A if there are no other funds). Fund Source Amount: $ 16. Briefly state what you will use the money to do (overall project description): 17. How did you determine that this was needed? 18. How many do you plan to serve? 19. What is the address where the activity is based? 20. Provide an example of how your program or your leadership is connected to the community or communities you serve. 3 ATTACHMENT 1 to SCOPE OF WORK 21. How do people find out about the services you offer? 22. Provide examples of what you have done to build relationships with those who do similar work or explain if and how you plan to build relationships with others in the future. 23. Do you have a way to keep track of the people using your program and if we needed the data, could you provide it? Briefly state how you track data. (Examples of tracking could include keeping a sign-in sheet of those at your events,tracking counseling hours provided to clients, tracking race or ethnicity, gender, age, etc.) 24. When will you start the funded project? 25. When will you finish? 26. Who will do the work and what is their experience providing this activity or other community activities? 27. What difference will this activity make in your community? 28. The City will need information that will show how your activity made a difference. What information will you provide? 4 ATTACHMENT 2 to SCOPE OF WORK PARALLEL HUMAN SERVICES APPLICATION PROCESS 2019-2020 HUMAN SERVICES APPLICATION CYCLE Participating Funders: Cities of Federal Way and Kent STATEMENT OF NEED AND PURPOSE Human services funders acknowledge that a significant number of populations residing in King County (especially South King County) are under-served, under-represented'and under-resourced due to barriers to access, language barriers, capacity to apply for human services funds through processes created by mainstream institutions, and lack of understanding of how to successfully maneuver through mainstream institutions. Applications are written in English and responses must be submitted in English. One of the main reasons applications submitted by small Ethnic Community Based Organizations (ECBOs) are rejected for funding is that they are poorly written, and many of these organizations are led by directors and board members who are Limited English Proficient (LEP). Studies have shown that English language proficiency (written and spoken) is one of the most significant determinants of economic success and social integration, and it is also a factor in funding decisions. Despite these barriers, we recognize that a large portion of the human services provided to under- served, under-represented and under-resourced populations are delivered by ECBOs or linguistically and culturally proficient staff in small mainstream organizations. These organizations and programs receive a disproportional percentage of human services funds; therefore, we are creating a pilot for cities to dedicate a small portion of their human services budgets for small organizations (budget up to $250,000)serving racially,ethnically and economically disadvantaged populations to apply for 2019- 2020 human services funds using a simplified application process. Some may take the view that this process takes funds away from organizations that are successfully delivering services in municipalities. The counter view is that this process fosters inclusiveness by widening the funding distribution list to provide opportunities to organizations that have historically been left out. These under-resourced organizations have continued to deliver services to our residents with little or no government support. Ironically, services are provided with funds that are frequently paid out-of-pocket by organizational leaders who are often economically disadvantaged themselves. As a result of this pilot process, we will acquire a deeper understanding of the barriers, how to decrease or eliminate barriers, and identify policy changes that can be made to successfully integrate all organizations that provide vital services to residents into the human services funding stream. 'Under-served, under-represented, and under-resourced populations include immigrants, refugees, English Language Learners (ELL), People of Color, LGBTQ, and/or People with Disabilities. I ATTACHMENT 2 to SCOPE OF WORK ELIGIBILITY Organizations eligible for this funding must: • Have a budget of$250,000 or less; AND Not have received Sharelapp Human Services funding from Federal Way or Kent between 2015- 2018; AND • Specialize in serving an under-served, under-represented and/or under-resourced population (i.e., Immigrants, refugees, English Language Learners(ELL), People of Color,and/or LGBTQ; AND • Have a Board of Directors and staff that represents the population served;AND • Demonstrate through its application that service or assistance is being provided in one of the participating jurisdictions or to a significant number of people living in one of the participating jurisdictions; AND • Address or support a human services need or priority identified by the funding jurisdiction or an emerging need recognized by the jurisdiction's Human Services Board or Commission. BUDGET City of Federal Way $15,000.00 City of Kent $30,000.00 Total: $45,000.00 Grants will range from approximately$2,000 to $9,500 per funded project; however, these amounts are subject to change based on availability of funds and scope of work. HOW TO APPLY The attached LOI must be submitted via e-mail, or dropped off, by October 5, 2018, 4:00 p.m., to the City staff listed below(please make sure that you e-mail OR drop off the LOI to each person in the City in which you are applying): • City of Federal Way: Sarah Bridgeford, CDBG/Human Services Coordinator Sarah.bridgeford(a>cityoffederalway.corr7 253-835-2651, or drop off at Community Services Division, 33325 8th Ave. South, Federal Way,WA 98003 • City of Kent: Dinah Wilson, Senior CDBG Coordinator drwilsort@kentwa.gov 253-856-5070, or drop off at Kent City Hall, Human Services Division, 3rd Floor, 220 4`h Ave. South, Kent, WA 98032 Please note that applications will not be accepted after the deadline. QUESTIONS Contact staff listed above via e-mail or phone if you have questions. All inquiries must be made by 4:00 p.m.on Wednesday, October 3rd. Timeline/Process September 17,2018 L01 released September 25,2018 from 9:00 am to 11:00 a.m. Technical Assistance Meeting(please bring a copy of Federal Way City Hall,Patrick Maher Rm.,1"Floor what you have written;all other assistance will be 33325 8th Ave. South, Federal Way,WA 98003 provided via phone or email if you miss this meeting) ATTACHMENT 2 to SCOPE OF WORK October 3,2018,4:00 p.m. Deadline for receiving application assistance-no questions will be answered or help provided after this date October 5, 2018,4:00 pm LOI due October 11,2018 Parallel application committee meets to review applications funding jurisdiction takes the lead on applications submitted to its city;Committee weighs in on the application, but the funding city makes the final decision on whether applicant is apparently successful and should receive an interview or a visit October 15,2018 Committee Interviews/Site Visits with apparently successful applicants October 15,2018 Committee makes recommendations on which applications will receive funds the funding city's HS Commission/Advisory Board has lino/authority Due by December 7,2018 Notice of Funding Award 2019-2020 One to two annual meetings will be scheduled between the grantees and the parallel application committee-this is an opportunity to share ideas and learn from each other about what works and what needs to be improved iii LETTER OF INTEREST (LOI) 2019-2020 HUMAN SERVICES APPLICATION CYCLE Parallel Application Pilot for Small Organizations Participating Funders: Cities of Federal Way and Kent E-mail,scan, OR drop off this LOl by October S,2018,4:00 p.m., to the City staff listed below(please make sure that you submit the LOI to each person in the City in which you are applying)2 If you e-mail or scan a copy,a signature is required on#3 of the LOL Responses should be kept to four(4)pages or less. Use at least 11 point Colibri or Times Roman font.Please only submit pages 1-4 of LOI;you may delete this instructions box. a City of Federal Way:Sarah 8ridgeford, CDBG/Human Services Coordinator Sarah.bridRefordl@citvoffeder,alway.coN'n 253-835-2651, or drop off at Community Services Division, 33325 8th Ave. South, Federal Way, WA 98003 • City of Kent:Dinah Wilson,Senior CDBG Coordinator drwdson 2kzrntwa, nv„253-856-5070, or drop off at Kent City Hall, Human Services Division, are Floor,220 4`h Ave. South, Kent, WA 98032 Someone from the application review team will contact you to let you know if your application is likely to be funded (all applicants will be contacted regardless). If it is determined that you are on apparently successful applicant, you will be scheduled for an interview and/or a site visit on October 15th. 1. Name of Organization 2. Organization Address 3. Contact Person Title Contact Phone E-Mail Signature of Executive Director/Board Chair Signature(for organizations that have 501(c)nonprofit status) Type or Print Name Signature of Fiscal Sponsor Executive Director or Board Chair Signature(for organizations that have fiscal sponsors) Type or Print Name 4. What year did you organize or start assisting your community? r If you need application assistance,you must contact City staff by 4:00 p.m. on October 3rd. No questions will be answered or help provided after this date. 1 5. Briefly describe your organization and what you are trying to accomplish through your work. 6. Have you received funding previously(this can be from any source)? If yes, how much and name the source? 7. 8. Are you using a fiscal sponsor? What is the name of the sponsoring organization? 9. Does your organization have a bank account? What is the name on the account? 10. Does your organization have insurance? (Please note that the City of Federal Way requires insurance. Kent may also require insurance, depending on your project.Your organization is responsible for paying insurance costs,although a portion of your $2,000-9,500 budget request may be used for this. If you have questions about insurance, contact staff listed on the application.Also,see#14.) 11. What is the total cost of the project or activity? 12. How much money are you requesting(grants generally will be from $2,000 to $9,500 from each City)? Federal Way Kent Other Source(list) $ $ $ Cities cannot provide all of the funds for your project until it is completed,and you will need to show that the work has been done. 13. Please provide a project budget: Line Item Budget Staff(Personnel) Costs $ Office or Operating Supplies $ Administrative;e.g., insurance, rent $ Consultant Services $ Communications $ Other(specify) $ Total City Funds;: $ Total Funds from Other Sources(specify source): $ 2 Total Project Costs(should =amount in#11) $ 14. What is your organization contributing to the project? (This could be money, food, insurance costs, volunteers, space, etc. If your organization is contributing money, please list how much and the source of the money.) Can you proceed with this project if you do not get the full amount requested? Yes No Comments 15. Briefly state what you will use the money to do (overall project description): 16. How did you determine that this was needed? 17. How many do you plan to serve? 18. Service Units/Outcomes a. What is your service unit(s)? For example, #of workshops, #of counseling hours,#of training events,#of case management hours,etc. # of b. What are your outcome targets? For example, 90%will report increased knowledge of how to work with City Council, 70%of students will report improved attendance, etc. Outcome Target% 19. List address where the activity is based? 3 20. Provide an example of how your program or your leadership is connected to the community or communities you serve. 21. How do people find out about the services you offer? 22. Do you have a way to keep track of the people using your program and if we needed the data, could you provide it? Briefly state how you track data. (Examples of tracking could include keeping a sign-in sheet of those at your events,tracking counseling hours provided to clients, tracking race or ethnicity, gender, age, etc.) 23. When will you start the funded project (projects that do not begin by June 30, 2019 could forfeit funding-if you are using a fiscal sponsor, you should have at least a verbal agreement with that organization already)? 24. When will you finish? 25. Who will do the work and what is their experience providing this activity or other community activities? 26. What difference will this activity make in your community? 27. The City will need information that will show how your activity made a difference. What information will you provide? 4 EXHIBIT B JUDY SMITH de BARROS BILLING VOUCHER CONSULTATION Invoice N: Date: Bill to: Dinah Wilson City of Kent Parks-Housing & Human Services Division 220 41h Ave. South Kent,WA 98032 (Bill may be signed and scanned) Work Description Amount Hourly rate:$150 Total Due EXHIBIT C INSURANCE REQUIREMENTS No insurance is required for this contract. Wilson, Dinah From: Wilson, Dinah Sent: Wednesday, December 05, 2018 1:44 PM To: Hills, Chris Subject: RE:Insurance Thank you, Chris! drw Dinah R. Wilson, Senior CDBG Coordinator Kent Cultural Diversity Initiative Group Facilitator Housing & Human Services I Perks, Recreation & Community Services 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-50761 Fax 253-856-6070 CITY OF IIIgIEV' T, 'J'db"AS111117I1I Ne"If'u',"bll"I KentWA.gov Hascebook ' YouTube PIFAICOIdI1:11 U r i v e I.NY Rkull1MM 11CF,rOR& PRtXIRII'JMI q[I iS F, ii N II. From: Hills, Chris Sent: Wednesday, December 05, 2018 1:34 PM To: Wilson, Dinah Subject: RE: Insurance Yes, and a very good idea in this case. Just attach this to the agreement, Dinah! Chris Hills, ARM-P, CRM, Risk Manager Risk Management Division I Human Resources Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5285 1 Fax 253-856-6270 y,hPlls@KentWA.ca rev CITY OF KENT, WASHINGTON KentWA.aov III ciI•elliciollt i. �.�. r VgBT.yNIb PI LIML v0I45IID14.I4 II"1 a WWII VM1I:II0411 114T III I N'o ll IIII Iqui"W IW IS 14UA I From: Wilson, Dinah Sent:Tuesday, December 4, 2018 1:37 PM To: Hills, Chris <Ci-1'rlls kentWa.gov> Subject: RE: Insurance Hi Chris, I apologize if I missed your response to this while I was on vacation. I am working on a small CSA with someone who is going to evaluate the small application process that we created to provide funds to small Ethnic Community Based Organizations. Is it okay to waive insurance for this? Thanks. i drw Dinah R. Wilson, Senior CDBG Coordinator Kent Cultural Diversity Initiative Group Facilitator Housing & Human Services I Parks, Recreation &Community Services 220 Fourth Avenue South, Kent, WA 98032 Phone 2S3-856-5076I Fax 253-856-6070 4tawrl.c,u K, t11'. rIQ CITY OF P i� :'IRw 1, WdWCASHIV't9MGTII;AM KentWA.gov III'euaPutSook "i"1irw litter Vo u'fluuiae 11:1:A91 1"9W6111 L)R'.hti 1111111 1i NV I 114014M I XdT II"m oim I"III IV I'IC ii mu,I IP9AIIL. From: Hills, Chris Sent: Wednesday, November 07, 2018 10:40 AM To: Wilson, Dinah Subject: Automatic reply: Insurance I am working away from the office during the week of 11/5 thru 11/9. During that time, I will have limited access to email. I will return your email at my earliest convenience. Thank you, Chris 2 "s` .T Exhibit D FAflI(S. NE::NENfION b °.I.'NNIr eenVICES City of Kent Certification Regarding Debarment and Suspension Judy Smith de Barros Judy Smith de Barros Consultation Consultant Name of Business Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals; a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b) Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (A) 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the 1 of 3 meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction 11. Knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default. Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available 2 of remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this trans- action originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Consultant (Print) Title (Print) g bature Date 4. Adopted from HUD Form-2992 09/04 3 of 3