HomeMy WebLinkAboutCAG2023-427 - Original - King County Dept. of Community & Human Services - ASD Senior Home Repair Services: Portable AC Units - 05/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:400
e�
• For Approvals,Signatures and Records Management Dir/Dep:
KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover
(Optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Brittany Levens Parks, Recreation & Community Services
Date Sent: Date Required:
> 6/7/2023 ASAP
0
Q Authorized to Sign: Date of Council Approval:
Q Mayor or Designee 6/6/2023
Budget Account Number: Grant? YesWl NoE]
H0008X
Budget? Yes E]No Type: Local
Vendor Name: Categor
King County-Adult Services Division (ASD) Grant: Non-Real Property
Vendor Number: Sub-Category:
c 130287 Other
0
Project Name: Home Repair Portable AC Unit Distribution for Seniors
cProject Details: This program will be implemented by Home Repair Program staff to
provide distribution of portable air conditioning units to low-income
homeowners with senior occupants in the City of Kent.
c
Basis for Selection of Contractor:
� Agreement Amount 250,000 tt hod Other
QJ *Memo to Mayor must be
i Start Date: 511�2023 Termination Date: 12/31/2023
Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Local Exceptions"form onCityspace.
Business License Verification: ❑Yes In-ProcessEZI Exempt(KCC 5.01.045) W1 Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes❑No
Comments:
1A
King County will send agreement via DocuSign for Mayor Signature
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Date Received:City Attorney: 6/1/23 Date Routed:Mayor's Office 6/7/23 City Clerk's Office
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID:406EOFB5-A007-4C37-862F-AB53D72F5F12
W,
King minty
Department of Community and Human Services
Adult Services Division
401 Fifth Avenue,Suite 500
Seattle,WA 98104
KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT
Contractor City of Kent
Contract Title ASD Senior Home Repair Services
Contract Amount $ 250,000
Services Period From: 05/01/2023 To 12/31/2023
UEI No. (if applicable) GALJSHRB2EM6 SAM No.(if applicable) 438P6
THIS CONTRACT No. 6360256 is entered into by KING COUNTY (the "County"), and City of
Kent (the "Contractor")whose address is 220 - 4th Avenue South, Kent, WA 98032.
FUNDING SOURCES FUNDING LEVELS FUNDING DATES
COUNTY $250,000 05/01/2023 - 12/31/2023
TOTAL $250,000 05/01/2023 - 12/31/2023
WHEREAS, the County has been advised that the foregoing are the current funding sources,
funding levels and funding dates, and
WHEREAS, the County desires to have certain services performed by the Contractor as
described in this Contract,
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually agree as
follows.
STANDARD TERMS AND CONDITIONS
1. Contract Services and Requirements, and Incorporated Exhibits.
The Contractor shall provide services and meet the requirements included in these Standard
Terms and Conditions and in the following attached Exhibits, each of which is incorporated
herein by this reference:
EXHIBIT NAME EXHIBIT NUMBER
City of Kent- HS 3A Reallocations - Housing - VSHSL- HS 3.A Exhibit I
Reallocation
If you require accommodation to access this form, alternate
formats are available upon request.
DocuSign Envelope ID:406EOFB5-AO07-4C37-862F-AB53D72F5F12
2. Contract Term
This Contract shall be effective on the date of the last signature and shall terminate on
12/31/2023, unless extended or terminated earlier, pursuant to the terms and conditions of the
Contract.
3. Compensation and Method of Payment
A. Compensation:
The County shall compensate the Contractor for satisfactory completion of the services
and requirements as specified in this Contract and its attached Exhibit(s).
B. Invoicing:
The Contractor shall submit invoices and all accompanying reports as specified in the
attached Exhibit(s), including its final invoice and all outstanding reports. The County shall
endeavor to make payment not more than 30 days after a complete and accurate invoice
is received.
C. Final Invoice:
The Contractor shall submit its final invoice and all outstanding reports as specified in this
Contract and its attached Exhibit(s). If the Contractor's final invoice and reports are not
submitted as required, the County will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice.
D. Reimbursement for Travel:
The Contractor will not be reimbursed for travel unless otherwise specified within an
Exhibit.
4. Internal Control and Accounting System
The Contractor shall establish and maintain a system of accounting and internal controls that
complies with the generally accepted accounting principles issued by the Financial Accounting
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is
applicable to the Contractor's form of doing business.
5. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Contractor, by
signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or
proposed for debarment, by any Federal department or agency. The Contractor shall not enter
into a subcontract with a person or entity that is debarred, suspended, or proposed for
debarment. The Contractor shall notify King County if it, or a Subcontractor, is debarred,
suspended, or proposed for debarment, by any Federal department or agency. Debarment
status may be verified at httl)s://www.sam.gov/.
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6. Maintenance of Records
A. Accounts and Records:
The Contractor shall maintain the following for a period of six years after termination of
this Contract: accounts and records, including personnel, property, financial,
programmatic records, and other such records the County may deem necessary to
ensure proper accounting and compliance with this Contract.
B. Nondiscrimination and Equal Employment Records:
In accordance with the nondiscrimination and equal employment opportunity
requirements set forth in Section 17. below, the Contractor shall maintain the following for
a period of six years after termination of this Contract:
i. Records of employment, employment advertisements, application forms, other data,
records, and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and
ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other
information necessary to document the actual use of and payments to
Subcontractors and suppliers in this Contract, including employment records.
The County may visit the site of the work and the Contractor's office to review these
records. The Contractor shall provide all help requested by the County during such
visits and make the foregoing records available to the County for inspection and
copying. At all reasonable times, the Contractor shall provide to the County, the
state, and/or federal agencies or officials access to its facilities—including those of
any Subcontractor assigned any portion of this Contract in order to monitor and
evaluate the services provided under this Contract. The County will give reasonable
advance notice to the Contractor in the case of audits to be conducted by the
County. The Contractor shall comply with all record keeping requirements of any
applicable federal rules, regulations, or statutes included or referenced in the
Contract documents. If different from the Contractor's address listed above, the
Contractor shall inform the County in writing of the location of its books, records,
documents, and other evidence for which review is sought, and shall notify the
County in writing of any changes in location within 10 working days of any such
relocation.
7. Evaluations and Inspections
A. Subject to Inspection, Review, or Audit:
The records and documents with respect to all matters covered by this Contract shall be
subject at all times to inspection, review, or audit by the County and/or federal/state
officials authorized by law during the performance of this Contract and for six years after
termination hereof, unless a longer retention period is required by law.
B. Medical Records:
If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records statutes, including but not limited to
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Revised Code of Washington (RCW) 70.41.190, 70.02.160, and standard medical records
practice. The Contractor shall also be responsible for the maintenance and disposal of
such medical records.
C. Contract Monitoring:
The Contractor and the County shall engage in monitoring visits to assess the
Contractor's compliance with Contract requirements, quality, and practices. The County
will execute monitoring visits in accordance with the applicable frequency, as prescribed
by the controlling Exhibit(s) under this Contract. The Contractor shall cooperate with the
County and its agents to assess the Contractor's performance under this Contract. At the
request of the County, the Contractor shall implement a plan to remedy any items of
noncompliance identified during the monitoring process.
The results and records of these processes shall be maintained and disclosed in
accordance with RCW Chapter 42.56.
D. Performance, Measurement and Evaluation
The Contractor shall submit performance metrics and program data as set forth in
Exhibit(s) to this Contract. The Contractor shall participate in evaluation activities as
required by the County and shall make available all information required by any such
performance measurement and evaluation processes.
E. Unauthorized Disclosure:
The Contractor shall protect from unauthorized disclosure all information, records, and
data collected in connection with this Contract in accordance with applicable state and
federal law.
8. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Contractor shall not use protected health information created or shared under this Contract
in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant
to its provisions. Contractor shall read and maintain compliance with all HIPAA requirements,
which can be found at https://www.kingcounty.gov/depts/community-human-
services/contracts/requi rem ents.aspx.
9. Financial Report Submission
The Contractor is required to submit a financial reporting package as described in Subsections
A through C below. All required documentation shall be submitted by email to
DCHSContracts(a)-kingcounty.gov by the stated due date.
A. If the Contractor is a Non-Federal entity as defined in 2 Code of Federal Regulations
(CFR) Part 200.69 and expends $750,000 or more in Federal awards during its fiscal
year, then the Contractor shall meet the audit requirements in 2 CFR Part 200 Subpart F.
Audit packages are due to the County within nine months after the close of the
Contractor's fiscal year.
B. If the Contractor is a local government in the State of Washington and is not subject to the
requirements in Subsection A, the Contractor shall submit audited financial statements
that are in accordance with the Washington State Auditor's Office requirements. Financial
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statement audits are due to the County within 150 days after the close of the Contractor's
fiscal year end as required by RCW 43.09.230.
C. If the Contractor is not subject to the requirements in Subsection A or B, the following
apply:
Entity Type Non-Profit For Profit
Gross Gross Revenue Gross Revenue Gross Revenue Gross Revenue
Revenue Under 3M on Over 3M on Under 3M on Over 3M on
average in the average in the average in the average in the
previous three previous three previous three previous three
fiscal years. fiscal years. fiscal years. fiscal years.
Required • Form 990 Audited financial e Income tax Audited financial
Documentation within 30 days statements return; and statements
of its being prepared by an e A full set of prepared by an
filed; and independent annual internal independent
• A full set of Certified Public financial Certified Public
annual internal Accountant or statements Accountant or
financial Accounting Firm Accounting Firm
statements
Due Date Within 30 Within nine Within 30 Within nine
calendar days months following calendar days months following
from the forms the close of the from the forms the close of the
being filed. Contractor's fiscal being filed. Contractor's
year. fiscal year.
D. Waiver:
A Contractor that is not subject to the requirements in Subsection A may, in extraordinary
circumstances, request, and in the County's sole discretion, be granted, a one-year
waiver of the audit requirements. Such requests are made to the County at:
DCHSContracts(a)-kingcounty.gov for review. If approved by the County, the Contractor
may substitute for the above requirements other forms of financial reporting or fiscal
representation certified by the Contractor's Board of Directors, provided the Contractor
meets the following criteria:
i. Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and
ii. There has been no turnover in key staff since the beginning of the period for which
the financial reporting was completed.
10. Corrective Action
If the County determines that the Contractor has failed to comply with any terms or conditions of
this Contract, or the Contractor has failed to provide in any manner the work or services (each a
"breach"), and if the County determines that the breach warrants corrective action, the following
procedure will apply:
A. Written Notification:
The County will notify the Contractor in writing of the nature of the breach.
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B. Contractor's Corrective Action Plan:
The Contractor shall respond with a written corrective action plan within ten working days
of its receipt of such notification unless the County, at its sole discretion, extends in
writing the response time. The plan shall indicate the steps being taken to correct the
specified breach and shall specify the proposed completion date for curing the breach.
This date shall not be more 30 days from the date of the Contractor's response, unless
the County, at its sole discretion, specifies in writing an extension to complete the
corrective actions.
C. County's Determination of Corrective Action Plan Sufficiency:
The County will determine the sufficiency of the Contractor's proposed corrective action
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the
County.
D. Termination or Suspension:
If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor's corrective action plan is determined by the County to be
insufficient, the County may terminate or suspend this Contract in whole or in part
pursuant to Section 12.
E. Withholding Payment:
In addition, the County may withhold any payment to the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed.
F. Non-Waiver of Riqhts:
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section 12, Subsections B, C, or D.
11. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a good faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to
resolve the dispute under this Section.
12. Termination
A. Termination for Convenience:
This Contract may be terminated by the County without cause, in whole or in part, at any
time during the term specified in Section 2. above, by providing the Contractor 30
calendar days advance written notice of the termination. The Contract may be suspended
by the County without cause, in whole or in part, at any time during the term specified in
Section 2. above, by providing the Contractor 30 calendar days advance written notice of
the suspension.
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B. Termination for Default:
The County may terminate or suspend this Contract, in whole or in part, upon seven
business days advance written notice if: (1) the Contractor breaches any duty, obligation,
or service required pursuant to this Contract and either (a) the corrective action process
described in Section 10. fails to cure the breach or (b)the County determines that
requiring a corrective action plan is impractical or that the duties, obligations, or services
required herein become impossible, illegal, or not feasible. If the Contract is terminated by
the County pursuant to this Subsection 12.B., the Contractor shall be liable for damages,
including any additional costs of procuring similar services from another source.
If the termination results from acts or omissions of the Contractor, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement, the
Contractor shall return to the County immediately any funds, misappropriated or
unexpended, that have been paid to the Contractor by the County.
C. Termination for Non-Appropriation:
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the
termination date set forth above in Section 2., the County may, upon seven business days
advance written notice to the Contractor, terminate or suspend this Contract in whole or in
part.
If the Contract is terminated or suspended as provided in this Subsection 12.C.: (1) the
County will be liable only for payment in accordance with the terms of this Contract for
services rendered prior to the effective date of termination or suspension; and (2) the
Contractor shall be released from any obligation to provide such further services pursuant
to the Contract as are affected by the termination or suspension.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council and/or other identified funding
source(s) of sufficient funds to support the activities described in the Contract. If such
appropriation is not approved, this Contract will terminate at the close of the current
appropriation year. The current funding sources associated with this Contract are
specified on page one.
If the Contract is suspended as provided in this Section, the County may provide written
authorization to resume activities.
D. Non-Waiver of Rights:
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or by law or equity that either party may have if any of the obligations, terms, and
conditions set forth in this Contract are breached by the other party.
13. Hold Harmless and Indemnification
A. Duties as Independent Contractor:
In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the County for any
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
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compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract.
The Contractor shall protect, indemnify, defend, and save harmless the County, its
officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Contractor's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of
work, services, materials, or supplies by Contractor employees or other suppliers in
connection with or support of the performance of this Contract.
B. Contractor's Duty to Repay County:
The Contractor is financially responsible for and shall repay the County all indicated
amounts following an audit exception which occurs due to the negligence, intentional act,
and/or failure, for any reason, to comply with the terms of this Contract, by the Contractor,
its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the termination of the Contract.
C. Contractor Indemnifies County:
To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify,
and save harmless the County, its officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages, arising out of, or in any way resulting from,
the negligent acts or omissions of the Contractor, its officers, employees, Subcontractors
and/or agents, in its performance or non-performance of its obligations under this
Contract. The Contractor's obligations under this Subsection 13.C. shall extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or
agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as
respects the County only, any immunity that would otherwise be available against such
claims under any industrial insurance act, including Title 51 RCW, other Workers'
Compensation act, disability benefit act, or other employee benefit act of any jurisdiction
which would otherwise be applicable in the case of such claim. In addition, the Contractor
shall protect and assume the defense of the County and its officers, agents, and
employees in all legal or claim proceedings arising out of, in connection with, or incidental
to its indemnity obligation; and shall pay all defense expenses, including reasonable
attorney's fees, expert fees, and costs incurred by the County on account of such litigation
or claims. If the County incurs any judgment, award, and/or cost arising therefrom
including reasonable attorneys' fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from the Contractor.
D. County Indemnifies Contractor:
To the maximum extent permitted by law, the County shall protect, defend, indemnify, and
save harmless the Contractor, its officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages, arising out of, or in any way resulting from,
the negligent acts or omissions of the County, its officers, employees, and/or agents, in its
performance and/or non-performance of its obligations under this Contract. The County's
obligations under this Subsection 13.D. 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
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County, by mutual negotiation, hereby waives, as respects the Contractor only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment,
award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the
County.
E. Intellectual Property Infringement:
For purposes of this Subsection 13.E., claims shall include, but not be limited to,
assertions that use or transfer of software, book, document, report, film, tape, or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of
any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade
practice.
The indemnification, protection, defense, and save harmless obligations contained herein
shall survive the expiration, abandonment, or termination of this Contract.
14. Insurance Requirements
Contractor shall provide evidence of the insurance required under this Contract, including a
Certificate of Insurance and endorsements covering King County as additional insured for full
coverage and policy limits within 30 calendar days of Contract execution. Evidence of insurance
and endorsements shall be submitted by email to DCHSContracts(a@kingcounty.gov. The
Contractor may request additional time to provide the required documents by emailing
DCHSContracts(a)-kingcounty.gov. Extensions will be granted at the sole discretion of the
County. All evidence of insurance shall be signed by a properly authorized officer, agent,
general agent, or qualified representative of the insurer(s), shall certify the name of the
insured(s), the type and amount of insurance, the inception and expiration dates, contract
number, and shall state that the County shall receive notice at least thirty (30) days prior to the
effective date of any cancellation, lapse, or material change in the policy. Similar documentation
confirming renewal of required insurance shall be provided on each insurance renewal date.
In the event of a loss, the County reserves the right to require complete, certified copies of all
required insurance policies, including endorsements and riders, which may be redacted of any
confidential or proprietary information. Contractor shall deliver such policies to the County within
five (5) business days of County's request.
County's receipt or acceptance of Contractor's evidence of insurance at any time without
comment or objection, or County's failure to request certified copies of such insurance, does not
waive, alter, modify, or invalidate any of the insurance requirements set forth in this Section or,
consequently, constitute County's acceptance of the adequacy of Contractor's insurance.
Unless otherwise provided in an Exhibit to this Contract, the Contractor shall purchase and
maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring
such minimum insurance, County does not and shall not be deemed or construed to have
assessed the risks that may be applicable to Contractor, or any Subcontractor, under this
Contract, or in any way limit County's potential recovery to insurance limits required hereunder.
To the contrary, this Contract's insurance requirements may not in any way be construed as
limiting any potential liability to County or County's potential recovery for Contractor. Contractor
shall assess its own risks and if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
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Nothing contained within these insurance requirements shall be deemed to limit the scope,
application, and/or limits of the coverage afforded, which coverage shall apply to each insured
to the full extent provided by the terms and conditions of the policy(s).
Each insurance policy shall be written on an "occurrence" basis/form; excepting insurance for
Professional Liability (Errors and Omissions), and/or Cyber Liability (Technology Errors and
Omissions) required by this Contract is acceptable on a "claims made" basis/form. If coverage is
approved and purchased on a "claims made" basis/form, the coverage provided under that
insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3)
years from the date of the work which is subject to this Contractor or, if such renewals are
unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years
from the date of completion of the work which is subject of this Contract. All insurance written on
a "claims made" basis/form must have its policy inception or retroactive date be no later than the
effective date of the Contract, unless otherwise approved in writing by the County's Risk
Management Office.
A. Minimum Scope and Limits of Insurance
The Contractor shall maintain the following types of insurance and minimum insurance
limits:
i. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury and property damage.
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01 current edition, or its substantive equivalent. Such insurance shall include
coverage for, but not limited to premises liability, products and completed
operations, ongoing operations, and contractual liability. Limits may be satisfied by
a single primary limit or by a combination of separate primary and umbrella or
excess liability policies, provided that coverage under the latter shall be at least as
broad as that afforded under the primary policy and satisfy all other requirements
applicable to liability insurance including but not limited to additional insured status
for the County with the use of an umbrella or excess liability policy, which is at least
as broad as the underlying policy. If the scope of services involves activities with
minors, such policy shall include sexual assault and misconduct coverage.
ii. Professional Liability (Errors and Omissions): $1,000,000 per claim and in the
aggregate. In the event that services delivered pursuant to this Contract either
directly or indirectly involve or require professional services, Professional Liability
(Errors and Omissions) coverage shall be provided. "Professional Services," for the
purpose of this Contract Section, shall mean any services provided by a licensed
professional or those services that require professional standards of care.
iii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage. In the event that services delivered pursuant to this Contract
involve the transportation of clients by Contractor personnel in Contractor-owned
vehicles or non-owned vehicles, the limit shall be no less than $3,000,000
combined single limit per accident for bodily injury and property damage. Insurance
Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE,
symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9.
Limits may be satisfied by a single primary limit or by a combination of separate
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy.
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iv. Workers Compensation: Statutory requirements of the State of residency.
V. Employers Liability or"Stop Gap" coverage: $1,000,000 each occurrence and shall
be at least as broad as the protection provided by the Workers Compensation
policy Part 2 (Employers Liability), or, in monopolistic states, the protection provided
by the "Stop Gap" endorsement to the Commercial General Liability policy.
vi. Cyber Liability (Technology Errors and Omissions): For contracts involving software
or technology where data breach or exposure to personal and/or confidential
information could impact the Contractor or County, Contractor shall provide Cyber
Liability (Technology Errors and Omissions) coverage with a limit no less than
$1,000,000 per claim or occurrence and in the aggregate. Coverage shall include
loss resulting from data security/privacy breach, or other unauthorized access or
related violations including identity fraud and privacy law violations, denial of
service attacks, introduction of virus and malicious code, extortion, dissemination or
destruction of electronic data, business interruption, privacy law violations,
disclosure of non-public, personal or confidential information, identity fraud, loss of
income due to system crashes, breach of contract, and acts by rogue employees.
Coverage shall include notification and other expenses incurred in remedying a
privacy breach as well as costs to investigate and restore data.
vii. Crime Insurance: Contractors handling County funds or assets, (i.e. Contractors
providing rental assistance or distributing gift cards on behalf of the County), shall
maintain Crime Insurance with limits to cover the maximum amount of risk at any
one time; or a total of one year's receipts or similar measure of exposure. Coverage
for Fidelity, Theft, Disappearance, Destruction Liability, and Employee Dishonesty
shall be included. Coverage shall include `Joint Loss Payable' ISO form CR 20 15
10/10 or equivalent; and `Provide Required Notice of Cancellation to Another Entity'
ISO form CR 20 17 10/10.
viii. Depending on the Contractor's scope of work, other insurance types or limits may
apply to this Contract. Specific coverage and limit requirements can be found by
visiting Insurance Requirements - King County.
ix. Municipal or State Agencies: If the Contractor is a Municipal Corporation, an
agency of the State of Washington, or any other Public Agency and is self-insured
for any of the above insurance requirements, a letter of self-insurance shall be
attached and be incorporated by reference and shall constitute compliance with all
or a portion of this Section.
B. Other Insurance Provisions and Requirements
All insurance policies purchased and maintained by the Contractor required in this
Contract shall contain, or be endorsed to contain the following provisions:
With respect to all liability policies except Professional Liability (Errors and Omissions),
and Workers' Compensation:
i. The County, its officials, employees, and agents shall be covered as additional
insured for full coverage and policy limits as respects liability arising out of activities
performed by or on behalf of the Contractor, its agents, representatives, employees,
or Subcontractor(s) in connection with this Contract. Additional Insured status shall
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include products-completed operations CG 20 10 11/85 or its substantive
equivalent. The County requires a copy of the additional insured endorsement(s).
With respect to all liability policies (except Workers' Compensation):
i. Coverage shall be primary insurance as respects the County, its officials,
employees, and agents. Any insurance and/or self-insurance maintained by the
County, its officials, employees, or agents shall not contribute with any
Contractor's or Subcontractor's insurance or benefit the Contractor or any
Subcontractor, or their respective insurers in any way.
ii. Insurance shall expressly state that it applies separately to each insured and
additional insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of insurer's liability.
C. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured retention of
the policies shall not apply to the Contractor's liability to the County and shall be the sole
responsibility of the Contractor or its Subcontractor.
D. Acceptability of Insurers: Insurance coverage is to be placed with insurers with an A.M.
Best rating of no less than A:VIII, or, if not rated with an A.M. Best, with minimum surplus
equivalent of an A.M. Bests' surplus size VIII.
Professional Liability (Errors and Omissions) insurance coverage may be placed with
insurers with an A.M. Bests' rating of B+:VII. Any exception must be approved by the
County.
If at any time any of the foregoing policies fail to meet minimum requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with the appropriate certificates and
endorsements, for approval.
E. Subcontractors: Contractor shall include all Subcontractors as insureds under its policies
or, alternatively, the Contractor must require each of its Subcontractors to procure and
maintain appropriate and reasonable insurance coverage and insurance limits to cover
each of the Subcontractor's liabilities given the Subcontractor's scope of work and the
services being provided herein. To the extent reasonably commercially available,
insurance maintained by any Subcontractor must comply with the specified requirements
of Sections 16 (inclusive) above, including the requirement that all liability insurance
policies (except Professional Liability and Workers Compensation) provided by the
Subcontractor(s) must include County, its officials, agents and employees as additional
insured for full coverage and policy limits. Contractor is obligated to require and verify that
each Subcontractor maintains the required insurance and ensure County is included as
additional insured. Upon request by the County, and within five (5) business days,
Contractor must provide evidence of each Subcontractor(s) insurance coverage, including
endorsements.
F. Waiver: A Contractor may request a waiver or reduction of one or more of the insurance
requirements if the insurance requirement is not applicable to the Contractor's scope of
work. Such requests shall be made to the County at: DCHSContracts@kingcounty.gov
for review. All waiver request approvals or denials are in the County's sole discretion to be
granted. If approved by the County, the Contractor shall still provide proof of and hold all
other required provisions as stated above.
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15. Assignment
Contractor shall not assign any interest, obligation, or benefit under or in this Contract or
transfer any interest in the same, whether by assignment or novation, without prior written
consent of the County. If assignment is approved, this Contract shall be binding upon and inure
to the benefit of the successors of the assigning party upon the written agreement by assignee
to assume and be responsible for the obligations and liabilities of the Contract, known and
unknown, and applicable law.
16. Subcontracting
A. Written Consent of the County:
The Contractor shall not subcontract any portion of this Contract or transfer or assign any
claim arising pursuant to this Contract without the written consent of the County. The
County's consent must be sought in writing by the Contractor not less than 15 days prior
to the date of any proposed subcontract.
The rejection or approval by the County of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the Contract,
nor be the basis for additional charges to the County.
In no event will the existence of the subcontract operate to release or reduce the liability
of Contractor to the County for any breach in the performance of Contractor's duties.
The County has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations, financial or
otherwise, to its Subcontractors.
B. "Subcontract" Defined:
"Subcontract" shall mean any agreement between the Contractor and a Subcontractor or
between Subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of(1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts:
The Contractor shall include Section 4, 5, 6, 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 28,
29, and 30 in every subcontract or purchase agreement for services that relate to the
subject matter of this Contract.
D. Reguired Language for Subcontracts:
The Contractor shall include the following language verbatim in every subcontract for
services which relate to the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
elected and appointed officials, 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, employees, and/or agents in
connection with or in support of this Contract. Subcontractor expressly agrees and
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understands that King County is a third-party beneficiary to its Contract with Contractor
and shall have the right to bring an action against Subcontractor to enforce the provisions
of this paragraph."
17. Nondiscrimination and Payment of a Living Wage
A. The Contractor shall comply with all applicable federal, state, and local laws regarding
discrimination, including those set forth in this Section.
B. Nondiscrimination:
During performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee's or applicant's 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. The Contractor will make equal
employment opportunity efforts to ensure that applicants and employees are treated
equitably, without regard to their sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by
minimum age and retirement provisions, status as a family caregiver, military status or
status as a veteran who was honorably discharged or who was discharged solely as a
result of the person's sexual orientation or gender identity or expression. Contractor shall
additionally read and comply with all additional requirements set forth at:
https://www.kingcounty.gov/depts/community-human-
services/contracts/requirements.aspx.
C. Payment of a Living Wage:
In accordance with King County Living Wage Ordinance 17909, for contracts for services
with an initial or amended value of$100,000 or more, the Contractor shall pay, and
require all Subcontractors to pay, a living wage to employees for each hour the employee
performs a Measurable Amount of Work on this Contract. The requirements of the
ordinance, including payment schedules, are detailed at
https://www.kingcounty.gov/depts/finance-business-operations/procurement/about-
us/Living-Wage.aspx.
Violations of this requirement may result in disqualification of the Contractor from bidding
on or being awarded a County contract for up to two years; contractual remedies
including, but not limited to, liquidated damages and/or termination of the Contract;
remedial action as set forth in public rule; and other civil remedies and sanctions allowed
by law.
18. Code of Conduct
DCHS is committed to providing an inclusive, welcoming, supportive, and safe environment for
all to feel respected, valued, and empowered. The Contractor shall, while performing the work
as described in the attached Exhibit(s), interact with the community being served and the
County's employees in a respectful manner.
The County and Contractor shall refrain from engaging in any conduct that communicates a
hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or
nonverbal and includes, but is not limited to microaggressions, deliberate misgendering, slights,
and other conduct that could cause harm. The Contract may be subject to termination under
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Subsection 12.B. as a result of any violation of this Section by providing the other party 30
calendar days advance written notice of the termination.
19. Conflict of Interest
Entering into this Contract with the County requires that the Contractor agree to abide by certain
provisions of the King County Employee Code of Ethics, including those relating to conflicts of
interest and the employment of current or former County employees.
A. Compliance with King County Code of Ethics:
The Contractor shall comply with applicable provisions of King County Code (KCC) 3.04.
Failure to comply with such requirements shall be a material breach of this Contract and
may result in termination of this Contract and subject the Contractor to the remedies
stated in this Contract, or otherwise available to the County at law or in equity.
B. Penalties:
The Contractor acknowledges and agrees, pursuant to KCC 3.04.060, that it will not
willfully attempt to secure preferential treatment in its dealings with the County by offering
any valuable consideration, thing of value or gift, whether in the form of services, loan,
thing or promise, in any form to any county official or employee. The Contractor
acknowledges that if it is found to have violated the prohibition found in this paragraph, its
current contracts with the County will be cancelled and it shall not be able to bid on any
County contract for a period of two years.
C. Former King County Employees:
The Contractor acknowledges that, for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. Contractor shall identify, at the
time of offer, current or former County employees involved in the preparation of proposals
or the anticipated performance of Work if awarded the Contract. Failure to identify current
or former County employees involved in this transaction may result in the County's
denying or terminating this Contract. After Contract award, the Contractor is responsible
for notifying the County's Project Manager of current or former County employees who
may become involved in the Contract any time during the term of the Contract.
20. Equipment Purchase, Maintenance, and Ownership
A. Equipment Maintenance:
The Contractor agrees that when Contract funds are used to pay for all or part of the
purchase costs of any equipment that costs $5,000 or more per item, and the purchase of
such equipment is identified in an Exhibit to this Contract, such equipment is, upon the
purchase or receipt, the property of the County and/or federal/state government. The
Contractor shall be responsible for all proper care and maintenance of the equipment,
including securing and insuring such equipment.
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B. Equipment Ownership:
The Contractor shall ensure that all such equipment is returned to the County or
federal/state government upon termination of this Contract unless otherwise agreed upon
by the parties.
21. Proprietary Rights
A. Ownership Rights of Materials Resulting from Contract:
Except as indicated below or as described in an Exhibit, the parties to this Contract
hereby agree that if any patentable or copyrightable material or article should result from
the work described herein, all rights accruing from such material or article shall be the
sole property of the County. To the extent that any rights in such materials vest initially
with the Contractor by operation of law or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers, and quitclaims such rights to the County.
The County agrees to and does hereby grant to the Contractor a perpetual, irrevocable,
nonexclusive, and royalty-free license to use and create derivative works, according to
law, any material or article and use any method that may be developed as part of the
work under this Contract.
B. Ownership Rights of Previously Existing Materials:
The Contractor shall retain all ownership rights in any pre-existing patentable or
copyrightable materials or articles that are delivered under this Contract, but do not
originate from the work described herein. The Contractor agrees to and does hereby grant
to the County a perpetual, irrevocable, nonexclusive, and royalty-free license to use and
create derivative works, according to law, any pre-existing material or article and use any
method that may be delivered as part of the work under this Contract.
C. Continued Ownership Rights:
The Contractor shall sign all documents and perform other acts as the County deems
necessary to secure, maintain, renew, or restore the rights granted to the County as set
forth in this Section.
22. Political Activity Prohibited
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.
23. King County Recycled Product Procurement Policy
If paper copies are required, in accordance with KCC 18.20, the Contractor shall use recycled
paper, and both sides of sheets of paper whenever practicable, when submitting proposals,
reports, and invoices.
24. Future Support
The County makes no commitment to support contracted services and assumes no obligation
for future support of the contracted activity(-ies), except as expressly set forth in this Contract.
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25. Entire Contract
The parties agree that this Contract is the complete expression of the described subject matter,
and any oral or written representations or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the performance of this Contract.
26. Contract Amendments
Either party may request changes to this Contract. Proposed changes that are mutually agreed
upon shall be incorporated only by written amendments to this Contract.
27. Notices
Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the Contract
Exhibit(s). Any time within which a party must take some action shall be computed from the date
that any associated required notice is received by that party.
28. Services Provided in Accordance with Law and Rule and Regulation
The Contractor and any Subcontractor agree to abide by the laws of the State of Washington,
rules and regulations promulgated thereunder, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract, all of
which are incorporated herein by reference.
If there is an irreconcilable conflict between any of the language contained in any Exhibit or
attachment to this Contract, the language in the Contract shall control over the language
contained in the Exhibit(s) or the attachment, unless the Exhibit(s) provision expressly indicates
that it controls over inconsistent contract language. If there is conflict among requirements set
forth in Exhibit(s), language contained in the lower numbered Exhibit shall control unless the
higher numbered Exhibit provision expressly indicates that it controls over inconsistent lower
numbered Exhibit language.
29. Applicable Law
This Contract shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
30. No Third-Party Beneficiaries
Except for the parties to whom this Contract is assigned in compliance with the terms of this
Contract, there are no third-party beneficiaries to this Contract, and this Contract shall not
impart any rights enforceable by any person or entity that is not a party hereto.
31. Non-Waiver of Breach
Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action
or failure to act by the County shall constitute a waiver of any right or duty afforded to the
County under the Contract; nor shall any such action or failure to act by the County modify the
terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder,
except as may be specifically stated by the County in writing.
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32. Force Maieure
"Force Majeure" means an event or events beyond the parties' reasonable control, incurred not
as a product, or result of the negligence of the afflicted party, and which have a materially
adverse effect on the ability of such party to perform its obligations as detailed in this Contract.
Force Majeure events may include but are not limited to: Acts of God or Nature; war; civil,
military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood, or
other casualty; labor difficulties, shortages of labor or materials or equipment; government
regulations; delay by government or regulatory agencies; shutdowns for purpose of emergency
repairs, and/or unusually severe weather.
A. No Breach if Force Maieure Applies:
Neither party shall be considered in breach of this Contract to the extent that performance
of their respective obligations is prevented by a Force Majeure event upon giving notice
and reasonably full particulars to the other party.
B. Duty to Minimize Disruption and Give Notice:
Parties maintain an express duty to minimize the disruption caused by Force Majeure,
and shall, as soon as reasonably practicable, give notice to the other party of the nature
and impact of the Force Majeure. Irrespective of any extension of time, if the effect of an
event or series of events continues for a period of 180 days, either the County or the
Contractor may give to the other a notice of suspension or termination.
C. Extension of Time:
Should Force Majeure events delay the Contractor's completion of the deliverables and
performance commitments, the Contractor may be entitled to an extension for the time for
completion. Any extension must be approved in writing by the County.
D. Suspending Performance:
Should a Force Majeure event prevent the Contractor from completing deliverables or
performing commitments in this Contract, the completion or performance shall be
suspended only for the time and to the extent commercially practicable to restore normal
operations. Further, the Contractor and the County shall endeavor to continue to perform
their contractual obligations to the extent reasonably practicable and will work to adjust
deliverables or performance commitments as needed to continue the provision of services
during the Force Majeure event. Contractor may be reimbursed for any costs incurred
mitigating adverse impacts of the Force Majeure and may be compensated for any partial
work that has been completed.
33. Emergency Response Requirements
Within three months of the execution of this Contract, the Contractor shall prepare and make
available to the County upon request, the necessary plans, procedures, and protocols to:
A. Respond to and recover from a natural disaster or major disruption to Contractor operations
such as a work stoppage.
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B. Continue operations during a prolonged event such as a pandemic.
If the Contractor does not have any such plan as of the start of this Contract, the Contractor
may request (1) an extension of the time needed to create a plan, and (2) for assistance
from the County in preparing such a plan.
At a minimum, any plans, procedures, or protocols described in this Section must include
how the Contractor plans to continue to provide the services described in or funded by this
Contract.
34. Contractor Certification
By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and
conditions provided herein, it has read and understands the contracting requirements on the
DCHS website at https://www.kingcounty.gov/depts/community-human-
services/contracts/reguirements.aspx and shall comply with all of the contract terms and
conditions detailed on that site, including, but not limited to, Equity and Social Justice,
applicable Emergency Response, Equal Opportunity Employment (EEO)/Nondiscrimination,
HIPAA, Insurance, and Credentialing requirements.
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IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
KING COUNTY CITY OF KENT
DocuSigned by: DocuSigned by:
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King County Executive Signature
6/20/2023 Mayor Dana Ralph
Date Name (Please type or print)
6/20/2023
Date
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EXHIBIT I
CITY OF KENT
VSHSL HOUSING STABILITY STRATEGY 3A:
ADULT SERVICES DIVISION (ASD) SENIOR HOME REPAIR SERVICES
SERVICES PERIOD: MAY 1, 2023— DECEMBER 31, 2023
I. WORK STATEMENT
The Contractor shall provide oversight, coordination, and implementation of ADULT
SERVICES DIVISION (ASD) SENIOR HOME REPAIR SERVICES (the Program). The
total amount of reimbursement pursuant to this Exhibit shall not exceed $250,000 for the
Services Period noted above as shown in the funding table below. Funding for
investment in this program is provided by the King County Veterans, Seniors and Human
Services Levy (VSHSL) and is managed by the ASD of the King County Department of
Community and Human Services (DCHS), which has the responsibility for achieving and
monitoring the overall outcomes. Ongoing funding for the full period of the Exhibit shall
be contingent on the Contractor's implementation of the program as described, timely
achievement of the contract Milestones outlined below, continued funding availability
and other contractual requirements contained in the Exhibit.
ASD Result Area Funding
Alignment Services Period Fund Source Allocation
2023 VSHSL Fund - 250 000
MAY 1, 2023— Seniors
Housing Stability DECEMBER 31,
2023 (Reallocated)
Not to Exceed $250,000
II. PROGRAM DESCRIPTION
King County's overarching goal is to ensure that all people, regardless of who they are
and where they live, have the opportunity to thrive, with full and equal access to
opportunities, power and resources. ASD, in its partnership with CITY OF KENT, shares
a commitment to contributing to community-level change and individual-level impact in
the division's five result areas:
• Financial Stability
• Healthy Living
• Housing Stability
• Service System Access and Improvement
• Social Engagement.
Accordingly, the parties will work together to perform and report the services funded
under this Exhibit in a manner that contributes to the equity goals of the County
described herein.
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Program Purpose and Equity Statement: The Contractor shall provide the Program to
eligible participants in the Kent area to assist in exterior and/or interior home
preservation and alleviate health and safety issues for low- and moderate-income
Seniors to safely reside in their homes following the repair.
A. Program Activities
The Contractor shall provide services in accordance with this Exhibit, which shall
include:
1. Eligible projects under the Program may be minor or major repairs and
include but are not limited to the following types of projects: painting to
restore or maintain integrity of structure; repairing steps and porches;
installation of accessibility ramps or other accessibility supports; repairing
or replacing damaged roofs; sewer repair; weatherization; electrical
and/or large appliance upgrades; ventilation improvements; purchase,
distribution, and installation of heat mitigation equipment such as shades,
awnings, window coverings, heat pumps and portable air conditioners;
and any other similar structural or interior repairs that the Contractor has
deemed appropriate and necessary for maintaining a safe home.
2. Projects identified for the Program shall include those where scope or
amount allocated to each project exceed the limits within the Contractor's
existing Senior home repair program or are in addition to projects the
existing Senior home repair program completes.
3. The Contractor shall maintain records of a written plan, approved by
DCHS, that allows for fair and transparent access to the Program and
includes the following elements:
a. A line-item estimated budget that accounts for spending of the total
funding allocation which may include an administrative rate not to
exceed 10%;
b. Expected number of projects completed within that budget; and
c. A brief narrative to describe how the Program will prioritize projects.
4. The Contractor shall employ effective strategies to reach Seniors who
have not previously participated in the Contractor's existing Senior home
repair program, such as:
a. Conduct outreach for Program referrals with the nearest VSHSL
Senior Hub(s), for example distributing flyers, offering information
sessions to staff and participants of the Senior Hub, etc., and;
b. Provide outreach materials in several languages, reflective of the
potential language needs of eligible participants in the area.
5. The Contractor shall ensure Program eligibility of participants as
described below in Section ll. B., and include a process for written
attestation of Family Income eligibility and expectation to reside in their
serviced homes for the foreseeable future.
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6. The Contractor shall ensure qualified and insured personnel, vendors
and/or subcontractors provide repair services for eligible Program
participants and verify repairs are completed based on professional
standards.
a. The Contractor shall oversee the coordination of the repair services
provider(s) and the eligible Program participant(s).
b. Upon completion of each repair project eligible under this Exhibit, the
Contractor shall verify the participant's satisfaction with the repair (in
writing) and maintain documentation for reporting purposes.
7. If, by three months prior to the end of the Services Period, the Contractor
and DCHS anticipate that funding available will exceed the number of the
Program projects the Contractor is able to complete by the end of the
Services Period, upon approval by DCHS, the Program may include the
purchase of home repair or home modification equipment in preparation
for future distribution and installation to Seniors.
8. Unless this Exhibit provides otherwise, all work performed and services
delivered by the Contractor during the Services Period shall be in
conformance with the requirements and descriptions of this Exhibit and
be in compliance with all other terms and conditions of this Contract.
B. Participant Eligibility
Eligible Program participants are homeowners or renters who have approval of
the homeowner in the Kent area with at least one Senior living in the home
whose annual gross Family Income must be under 80% of the current HUD
Median Family Income shown in the table below. The 2023 Guidelines Table will
be furnished when available.
2022 HUD INCOME GUIDELINES
Median Family Income =$129,400 for a family of 4
Effective June 15, 2022
30% MEDIAN 50% MEDIAN 80% MEDIAN
FAMILY VERY LOW- MODERATE-
SIZE LOW-INCOME INCOME INCOME
1 $27,200 $45,300 $66,750
2 $31,050 $51,800 $76,250
3 $34,950 $58,250 $85,800
4 $38,800 $64,700 $95,300
5 $41,950 $69,900 $102,950
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6 $45,050 $75,100 $110,550
7 $48,150 $80,250 $118,200
8 $51,250 $85,450 $125,800
C. Definitions
1. DCHS web-referenced definitions for the following terms used within this
Exhibit can be found on King County's website at
https://kingcounty.gov/VSHSL-definitions.
a. Senior
b. Senior Hub
2. Definitions for the following terms used within this Exhibit can be found in
the VSHSL Implementation Plan on King County's website at
https://kingcounty.gov/VSHSL-Implementation-Plan.
a. Financial Stability
b. Healthy Living
C. Housing Stability
d. Service System Access and Improvement
e. Social Engagement
3. Definitions for other terms used within this Exhibit:
a. "Deliverable" means the work product and other output of the
services and program activities required to be delivered by the
Contractor as part of the performance of this Exhibit, as specified in
the relevant section below.
b. "Family Income" means the combined gross income of all
occupants (related or not) residing in the same house that are 18
years of age or older.
c. "Milestone" means a scheduled event signifying the provision of
a Deliverable or a set of related Deliverables, occurrence of an
event, or completion of a task, activity, or service by the identified
date as set forth in Section V.C., Milestones.
d. "Services Period" means the period of time during which
Contractor will be paid, funded, or reimbursed according to the
terms and conditions of this Contract. If no other date is listed in
this Exhibit, the Services Period shall begin when this Exhibit
becomes effective, which is upon execution.
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D. Contract Milestones
The Contractor shall meet the following Milestones during the Services Period:
1. Within 30 days of contract execution, provide DCHS with the detailed budget
and the plan for fair and transparent access to the Program and begin work
with DCHS program staff to adjust the plan as needed.
2. By September 11, 2023: Meet with DCHS to review the status of anticipated
projects and determine next steps for excess of fund, as appropriate.
E. Subcontracted Services
The Contractor shall invoice the County for due and payable invoices of the
Subcontractor or for costs paid by the Contractor for goods, materials, or services
already provided by the Subcontractor. The Contractor shall invoice the County
only after the Subcontractor has invoiced the Contractor. The Contractor shall
include a copy of the Subcontractor's invoice with its invoice submitted to the
County.
III. PARTNERSHIP AND REPORTING REQUIREMENTS
A. Partnership Activities
1. The Contractor shall work with King County staff to coordinate and align
services with other VSHSL-funded organizations and system partners in
order to effectively and efficiently administer a set of services that
participants may be seeking to access.
2. The Contractor shall include an attribution to the VSHSL with the use of
the VSHSL logo and/or a statement such as "This program receives
funding from the King County Veterans, Seniors and Human Services
Levy" in all program marketing materials, digital or hardcopy, developed
during this Contract period.
B. Reporting Activities
1. The Contractor shall participate in monthly check-ins with King County
staff either in person or by phone. Check-ins may be reduced or
increased in frequency based on program needs and King County needs
to ensure program accountability and the provision of adequate support
for the program.
2. Starting on July 17, 2023, Contractor shall submit an individual level
demographic and project status report to the County based on the
schedule in Section D. Billing Invoice Package
3. Reports are due within ten business days following the end of each
payment period below in Section D. Billing Invoice Package. The format
and reporting mechanisms for this report shall be provided by the County.
The report shall include at least the following information for each project
funded but may include additional reporting fields: age, race, ethnicity,
veteran status, income, gender identity of individual requesting
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assistance, zip code, date participant requested project, date project was
started, project scope, date project was completed/or project status
update, and cost of the project.
4. The Contractor shall submit a narrative report to King County on January
15, 2024. The report shall cover the activities of this Contract. The format
and questions for the annual narrative progress report shall be provided
by King County.
5. King County reserves the right to request additional supporting
documentation or information, as needed, and between reporting periods.
A minimum of three business days' notice shall be provided to the
Contractor. If the Contractor believes such notice is inadequate to
prepare the report, it shall work with King County to adjust the due date
for additional requested information.
6. The meeting and reporting requirements of this Section III. shall begin on
the date this Exhibit becomes effective.
7. The Contractor must retain on file backup documentation for all costs paid
for repair services including receipts, invoices, timesheets, and copies of
checks for the duration of Contractor's VSHSL award plus an additional
six years. This documentation must be made available upon request. The
County may conduct a site visit to the Contractor's office to review and
verify the foregoing records. Advance notice will be given to the
Contractor in the case of fiscal audits to be conducted by the County.
IV. COMPENSATION AND METHOD OF PAYMENT
Regular payment for activities covered by this Exhibit shall be based on (1) meeting the
program, Deliverables, and Milestone due dates outlined in this Exhibit, and (2) during
the Services Period, the Contractor incurring periodic costs and expenses in performing
such services as described in Section II.A., PROGRAM DESCRIPTION: Program
Activities of this Exhibit greater than or equal to the periodic payment listed in the table
below. Also, by entering into this Contract, the Contractor is agreeing to make concerted
efforts to meet the program activities and contract Milestones as outlined in Section II.,
PROGRAM DESCRIPTION and program and reporting requirements as outlined in
Section III., PARTNERSHIP AND REPORTING REQUIREMENTS. If, through analysis
of the required reports and data or through conversations with the Contractor, it is
determined that the program model, as described in this Exhibit, is not successfully or
sufficiently serving the King County Senior community, the Contractor shall work with
King County to re-envision the program model, and pivot, using (earnings to improve
service delivery. Such adjustments shall be documented in an amendment to this Exhibit
signed by both parties.
If the Contractor does not meet the agreed upon program activities, Deliverables and/or
contract Milestones during two quarters of the Contract and/or if the Contractor fails to
engage with the King County staff to re-envision the program model or make necessary
adjustments in order to better serve King County Seniors, King County reserves the right
to request specified corrective action in writing or, either before such a request is issued
or if such a request is unheeded or does not produce improved engagement toward
CITY OF KENT Page 6 of 8 2023 Contract 6360256 Exh I
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quality improvement, to reduce the contract amount, withhold payment, or terminate the
contract in line with notice requirements in this Contract's Standard Terms and
Conditions.
A. Compensation
Upon the acceptance of the Contractor's services, Deliverables, and/or
achievement of Milestones, each as applicable and performed during the Services
Period, and the delivery and acceptance of correct Billing Invoice Package (BIP),
DCHS shall make a payment as stated in the payment table below.
B. Unspent Funds
If unspent funds remain at the end of the year, at King County's sole discretion,
such funds shall return to the fund source they originated in and be considered
for reprogramming for other VSHSL priorities.
C. Acceptance of Work
To serve the best interests of King County, the delivery of each Deliverable shall
be subject to acceptance by DCHS. DCHS may withhold payment if it rejects or
fails to accept a Deliverable; payment on the Contract shall not be considered
acceptance of Work.
DCHS shall provide written notice to the Contractor of DCHS' acceptance or
rejection of a Deliverable within fourteen (14) calendar days from the date of
DCHS' receipt of such Deliverable. If DCHS does not accept a Deliverable, such
notice shall include the reasons for such rejection, and the Contractor shall have
fourteen (14) calendar days to cure the identified deficiency(-ies).
D. Billing Invoice Package
The Contractor shall submit a Billing Invoice Package (BIP) for payment of actual
expenditures pursuant to services as described in this Exhibit and based on the
payment schedule below. The BIP shall consist of an expenditure report in a
format approved by King County and other reporting requirements as stated in
Section III., PARTNERSHIP AND REPORTING REQUIREMENTS of this Exhibit
in a format approved by King County. The BIP is due within ten business days
following the end of each payment period. The total amount of reimbursement
each year of this Exhibit shall not exceed the yearly funding allocation as noted in
the funding table in Section I., WORK STATEMENT, unless otherwise approved
by King County in writing. The Contractor's obligation to submit a BIP shall not
begin until after the effective date of this Exhibit.
The Contractor shall advise King County of any material changes in revenues
from sources other than the County that are used to provide the services funded
under this Exhibit. The Contractor agrees to re-negotiate, as needed, if the
County determines that such changes are substantial.
CITY OF KENT Page 7 of 8 2023 Contract 6360256 Exh I
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Date Due Payment Payment/ Fund Deliverable
Period Source
July 17, 2023 May— VSHSL Fund - Seniors 1. Accurate invoice
June 2023 2. Individual-level and project
status data
3. General ledger/expenditure
detail, subcontractor
invoices, receipts and/or
other supporting
documentation for Program
reimbursement requests
October 13, 2023 July- VSHSL Fund - Seniors 1. Accurate invoice
September 2. Individual-level and project
2023 status data
3. General ledger/expenditure
detail, subcontractor
invoices, receipts and/or
other supporting
documentation for Program
reimbursement requests
January 15, 2024 October- VSHSL Fund - Seniors On-time completion /submission
December of:
2023 1. Accurate invoice
2. Individual-level and project
status data
3. Annual narrative progress
report
4. General ledger/expenditure
detail, subcontractor
invoices, receipts and/or
other supporting
documentation for Program
reimbursement requests
CITY OF KENT Page 8 of 8 2023 Contract 6360256 Exh I
Signature: Meri r Signature:
n Hanson(May 31,2023 13:25 PDT)
Email: mhanson@kentwa.gov Email: rlashley@kentwa.gov
Signature:
Juli arascondola(Jun 1,202308:28 PDT)
Email: jparascondola@kentwa.gov
H HS-06072023-KingCounty-Home Repair
Portable AC Unit Distribution for Low Income
Seniors
Final Audit Report 2023-06-01
Created: 2023-05-31
By: Brittany Levens(blevens@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAzVxw8k53Fkdl4Py5wOiHJQS8yQ3UrlZk
"HHS-06072023-KingCounty-Home Repair Portable AC Unit Dis
tribution for Low Income Seniors" History
Document created by Brittany Levens (blevens@kentwa.gov)
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�>o Signer mhanson@kentwa.gov entered name at signing as Merina Hanson
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Document e-signed by Merina Hanson (mhanson@kentwa.gov)
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