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HomeMy WebLinkAbout5363 ORDINANCE NO. 5 3 6 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF FUNDS AS PROVIDED IN THE CONTRACT FOR SOCIAL SERVICES BETWEEN THE CITY AND THE HOUSING AUTHORITY OF THE COUNTY OF KING FOR THE PERIOD COMMENCING' DECEMBER 1, 1999 AND ENDING NOVEMBER 30, 2000. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, the King County Housing Authority has determined a need exists for certain social services to be performed for its residents but does not have the manpower or expertise to perform such services; and WHEREAS, the Housing Authority desires to have the City of Auburn perform such services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ' Section 1. The Mayor and City Clerk of the City of Auburn are authorized to execute Contract for Community Policing Services between the City and the Housing Authority of the County of King pursuant to which the Housing Authority will provide grant funding to the City of Auburn Police Department to provide a full time officer to be assigned to Green River Homes, Burndale Homes and Firwood Circle. A copy of said Contract is attached hereto as Exhibit "1" and is incorporated herein. Ordinance No. 5363 March 16, 2000 Page 1 Section 2. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the expenditure and appropriation of a maximum total amount of FIFTY EIGHT THOUSAND DOLLARS ($58,000.00) which constitutes funding as authorized in the Contract for Social Services between the City of Auburn and the Housing Authority of the County of King for the period commencing December 1, 1999 and ending November 30,2000. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: z,4_a~ch 20, 2000 PASSED: yar~ 20, 2000 APPROVED: Narch 20, 2000 CHARLES A. BOOTH MAYOR Ordinance No. 5363 March 16, 2000 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Micha21 . R~, City Attorney Published: Ordinance No. 5363 March 16, 2000 Page 3 ! : ~i ~ Contract Number: RESIDENT SERVICES 15455 65*h AVE S · TUKW~A, WASHINGTON 98188-2583 ~,~ PHONE (206) 244-7750 · FAX (206) 244-1948 ," "" ~ ~' -. Contraet for Community Policing Serviees between the King County Housing Authority and The City of Auburn This Contract is entered into by and between the King County Housing Authority, hereinafter referred to as "KCHA', and The City of Auburn, hereinafter referred to as "the Agency", whose principal office is located at 25 West Main Street. Auburn. WA 98001. WHEREAS, the King County-Housing Authority has determined the need to have certain community policing services performed for residents; and WHEREAS,the King County Housing Authority desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Defmitions. The following definitions are applicable to this Contract: A. "KCHA' means the King County Housing Authority. B. "Agency" means the person or other entity entering into the contract with KCHA to perform all of the work required under the contract. C. "HUD" :means the Secretary of Housing and Urban Development, its delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. D. "Contract;' means the contract entered into between KCHA and the Agency. It includes 'the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, amendment, change order, or other modification. E. "Contracting Officer" means the person delegated the authority by KCHA to administer and/or terminate this Contract and designated as such in writing to the Agency. The term includes any successor Contracting Officer and' any duly authorized representative of the Contracting Officer also designated in writing. Exhibit: "1", Ordjxiance 5363 2. Contract Documents. The clauses set forth in the Contract Documents are hereby incorporated into and made part of the Contract. The Agency acknowledges receipt and review of all Contract Documents applicable to the performance of services and to the premises. The Contract shall consist of the following component parts: (1) ThisInstrument; (2) Exhibits, as listed; Exhibit A -- Scope of Work Exhibit B -- Project Budget and Invoice Schedule Exhibit C -- Reporting Requirements Exhibit D -- Invoice Format Exhibit E -- Quarterly Resident Contact Data Report Exhibit F -- Quarterly Narrative Reports Format Exhibit H -- Insurance Requirements Appendix 1 -- Premises Responsibilities (3) All Bid documents (4) Any modifications duly delivered after execution of thid Contract (see Section 7, Contract Modifications). 3. Terms of the Contract. A. Duration of Contract: The Contract shall be in full force and effect for a period commencing December 1, 1999, and ending November 30, 2000, unless sooner terminated, pursuant to Section 8, Default and Termination, herein. Time is of the essence for this Contract. This Contract may be extended for additional twelve (12) month periods, up to a total of thirty-six (36) months, through written amendments, change orders or other modifications to this Contract. B. Scope of Services to be Performed by the Agency: The Agency shall perform those services and reporting activities as described in Exhibit A and Exhibit C attached hereto and incorporated herein. The Agency shall furnish all equipment and supplies reasonably necessary to carry out the purpose of this Contract and shall provide the necessary funding, personnel, supervision and programs to realize the intended purpose of the Contract. No activities other than those necessary for, reasonably related to, and associated with the purpose of this Contract shall be carried out under this Contract. King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 2 of 11 C. Compensation and Method of Payment: KCHA shall pay the Agency for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein. D. Lease: KCHA does hereby agree to lease to the Agency an office room located at Green River Homes, 1103 9th Street S.E., Auburn, WA 98002, at no cost to the ' Agency in consideration for public service to KCHA provided by the Agency. KCHA and the Agency shall be responsible for financial management, physical management and maintenance, and other management tasks of the premises as outlined in Appendix 1. E. Surrenderof Premises: (1) At the end of the term of this Contract or any extension thereof or other sooner termination of this Contract the Agency will peaceably deliver up to KCHA possession of the premises in as clean and orderly a condition as when the Agency took possession (see Appendix 1), except for ordinary wear and tear and damage by fire, earthquake, act of God or the elements alone. (2) The Agency will deliver all keys to the premises to KCHA. (3) The Agency at Agency's expense will remove Agency's goods and effects and trade fixtures, and those of its agents, subcontractors or invitees under the Agency, and the Agency will repair any damage resulting from such removal. F. The Agency Budget: The Agency shall apply the funds received under this Contract within the maximum limits set forth in this Contract and according to the budget itemized on Exhibit B. The Agency shall request prior approval from KCHA whenever the Agency desires to amend its budget by transferring funds among the budget categories, pursuant to Section 7, Contract Modifications, herein. G. Employee and Volunteer Screening: The Agency assumes responsibility for screening all employees and volunteers who come in contact with vulnerable children and adults as per RCW 43.43.830 - 43.43.842, 74.15.010 - 74.15.030 or any other industry standard. 4. Independent Contractor. The Agency and KCHA agree the Agency is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create a relationship of employer and employee between the parties hereto. Neither the Agency nor any employee of the Agency shall be enti~ed to any benefits accorded KCHA employees by virtue of the services provided under this Contract. KCHA shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 3 of 11 otherwise assuming the duties of an employer with respect to the Agency, or any employees of the Agency. 5. Assignment of Contract. The Agency shall not assign or transfer any interest under any of the Contract documents without the prior written consent of the Contracting Officer. 6. Subcontractino and Subcontractors. A. "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into with a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime Contract or a subcontract. B. "Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, equipment, or services to or for the Agency or another subcontractor. C. The Agency shall not enter into any subcontract with any subcontractor who has been temporarily denied participation in a HUD program or who has been suspended or debarred from participating in contracting programs by any agency of the United States Government or of the State of Washington. D. The Agency shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either direcfiy or indirectly employed by them as for the acts or omissions of persons directly employed by the Agency. E. The Agency shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofax as they are applicable to the work of subcontractors. F. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and KCHA or between the subcontractor and HUD. 7. Contract Modifications. A. Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing and approved by the Executive Director of KCHA, or his designee, and the authorized agent of the Agency. B. The Contracting Officer may modify the contract unilaterally - (1) pursuant to a specific authorization stated in this Contract; or (2) for administrative matters which King County Housing Aulhority and The City of Auburn Contract for Community Policing Services Page 4 of 11 do not change the rights or responsibilities of the parties (e.g., change in KCHA address). All other Contract modifications shall be in the form of supplemental agreements signed by the Agency and the Contracting Officer. C. All modifications to this Contract which includes a change in the Total Contract Value shall be in the form of a Change Order signed by the Agency and the Contracting Officer. 8. Default and Termination. A. KCHA may by written notice of default to the Agency, terminate this Contract for any one of the following circumstances: (1) If the Agency fails to perform any of the services or reporting activities specified in Exhibit A and Exhibit C within the time specified herein or any extension thereof; or (2) If the Agency fails to perform any of the other clauses of the Contract, or so fails to make progress On the performance of any of the other clauses of the Contract as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such longer period as KCHA may authorize in writing) after receipt of notice from KCHA's Contracting Officer specifying such failure. B. In the event KCHA terminates this Contract in whole or in part for default as provided above, KCHA may procure, upon such terms and in such manner as KCHA may deem appropriate, services similar to those terminated, and the Agency shall be liable to KCHA for any excess costs for such similar services provided the Agency shall continue the performance of this Contract to the extent not terminated under the provision of this clause. The rights and remedies of KCHA provided in this clause shall not be exclusive and are in addition to any other rights and remedies by law or under this Contract. · C. The Agency shall not be liable for any excess costs if the failure to perform the Contract arises out of causes beyond the control and without the fault or negligence of the Agency. Such causes may include, but are not restricted to acts of God, casualties, and labor disputes. If the failure to perform is caused by the default of a subcontractor, and such default arises out of causes beyond the control of both the Agency and the subcontractor, and without the fault or negligence of either of them, the Agency shall not be liable for any excess costs for failure to perform. King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 5 of I I D. This Contract may at any time be terminated by either party giving the other party thirty (30) days written notice specifying the nature, extent and effective date of the termination. If the Agency's insurance coverage is canceled for any reason, KCHA shall have the right to terminate this Contract immediately. Further, KCHA may terminate this Contract in whole, or from time to time in part, for KCHA's convenience, or due to changes in the availability of funding to support Contract activities. E. If the termination is for the convenience of KCHA, KCHA shall be liable only for payment for services rendered before the effective date of the termination. F. Upon receipt of notice of termination, the Agency shall immediately discontinue all services affected (unless the notice directs otherwise) and shall deliver to KCHA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process. 9. Waiver and Severability. A. The failure or delay of either party to insist on performance of any provision of the Contract, or to exercise any fight or remedy available under the Contract, shall not be construed as a waiver of that provision, right, or remedy in any later instance. Waiver or breach of any provision of the Contract shall not be construed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract, unless the Contract is modified pursuant to Section 7, Contract Modifications, herein. B. If any provision of the Contract is or becomes void or unenforceable by operation of law, the remaining clauses shall be valid and enforceable. 10. DispUtes and Dispute Resolution. A. In the event of dispute arising under this Contract, the Agency shall immediately notify the Contracting Officer in writing of its contentions and submit its claim(s). The Agency shall proceed with its work in compliance with this Contract, but such compliance shall not be a waiver of the Ageney's fights to make a claim provided KCHA has been notified as above stipulated. B. In the event of any dispute, claim, question or disagreement arising out of or relating to this Contract or the default thereof, KCHA and the Agency hereto shall use their best efforts to settle such disputes, claim, questions or disagreement. To this effect, KCHA and the Agency shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 6 of 11 satisfactory to both parties. If KCHA and the Agency do not reach such a solution within a period of thirty (30) days after KCHA was initially notified of the dispute, claim, question or disagreement, the parties agree to try in good faith to settle any dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules or another nationally recognized mediation organization, before resorting to litigation or any other dispute resolution procedure. Each party shall pay its own expenses in any mediation proceedings, but in any arbitration or litigation proceeding which ensues if neither negotiation nor mediation have been successful, the prevailing party shall recover its reasonable attorneys' fees and costs incurred therein, which mount shall be included in the judgment or award entered in the matter. 11. Prohibition At, ainst Liens. The Agency is prohibited from placing a lien on KCHA's property. This prohibition shall apply to all subcontractors at any tier and all material suppliers. 12. Indemnification and Hold Harmless. Both parties understand and agree that the Agency is acting hereunder as an independent contractor, with the intended following results: A. Control of personnel, standards of performance, discipline, and all other aspects of performance shall be govemed entirely by the Agency; B. All persons rendering service hereunder shall be for all purposes employees of the Agency; C. All liabilities for sataries, wages, any other compensation, re. Ira'y, sickness, or liability to the public for intentional or negligent acts arising from performance of the law enforcement services by the Agency hereunder shall be that of the Agency. To such purpose, the Agency will protect, defend, indemnify, and save harmless KCHA, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or emissions of the Agency, its officers, employees or agents. The Agency agrees that the obligation to indemnify, defend and hold harmless KCHA and its agents and employees under this provision extends to any claim, demand or cause of action brought by or on behalf of any employee of the Agency, against KCHA, its officers, agents or employees and includes any judgment, award, and cost arising therefrom, including attorney fees. D. KCHA will protect, defend, indemnify, and save harmless the Agency, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or emissions King County Housing Authority and The City of Auburn Contract for Comraunity Policing Services Page 7 of 11 of KCHA, its offjeers, employees, or agents. KCHA agrees that its obligations under this provision extend to any claim, demand or cause of action brought by or on behalf of any employees of KCHA, against the Agency, and includes any judgment, award, and cost arising therefrom including attorneys fees. 13. Insurance. A. The Agency agrees to comply with the insurance requirements described in Exhibit H - Insurance Requirements. 'B. The Agency hereby certifies that the Agency and each subcontractor has, and shall maintain for the duration of this Agreement, Workers' Compensation insurance in accordance with Washington Workers' Compensation laws. C. KCHA acknowledges, accepts, and agrees that the Agency is a member of the Washington Cities Insurance Authority (WCIA), a self-funded pool that provides liability protection for numerous municipalities in the State of Washington. The Agency's continued membership in WCIA shall constitute full satisfaction of the insurance requirements of subparagraphs A and B above. The Agency shall deliver a synopsis of coverage by WCIA to KCHA before execution of this Contract. 14. Equal Employment Opportunity. A. The Agency shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap, citizenship status, creed, age, marital status, physical or mental disability, sexual orientation, political ideology, or status as a veteran. B. The Agency shall talCe afirenative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, handicap, citizenship status, creed, age, marital status, physical or mental disability, sexual orientation, political ideology, or status as a veteran. C. The Agency shall give all notices and comply with all applicable laws, ordinances, rules, regulations and orders in regard to Equal Employment Opportunity including but not limited to Executive Order 11246, as mended, Section 503 of the Rehabilitation Act of 1973, as mended, and the roles, regulations, and orders of the Secretary of Labor. The Agency shall include the terms of this Clause in every subcontract so that such term shall be binding on each subcontractor. King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 8 of I 1 15. Record Keephip. A. The Agency shall maintain accounts and records in accordance with State Auditor's procedures, including personnel, property, financial and programrnatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Contract and other such records as may be deemed necessary by KCHA to ensure proper accounting for all funds contributed by KCHA to the performance of this Contract and compliance with this Contract. B. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by KCHA. 16. Audits and Inspection. 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 KCHA or any other government agency so authorized by law during the performance of this Contract. KCHA shall have the right to request a copy of the Agency's most recent financial statement at any time during the duration of this Contract. 17. Grievance Procedure. If available, the Agency shall provide a copy of the Agency's written client grievance procedure to KCHA within fifteen (15) days of the execution of the Contract and shall make copies of the client grievance procedure available to clients, if requested. 18. Or~,anization Conflicts of Interest. A. The Agency warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is def'med as a situation in which the nature of work under this Contract and the Agency's organizational, financial, contractual or other interests are such that: (1) Award of the Contract may result in an unfair competitive advantage; or (2) The Agency's objectivity in performing the Contract work may be impaired. B. The Agency agrees that if after award they discover an organizational conflict of interest with respect to this Contract, they shall make an immediate and full disclosure in writing to the Contracting Officer who shall include a description of the action which the Agency has taken or intends to take to eliminate or neutralize the conflict. KCHA may, however, terminate the Contract if it deem the action to be in the best interest of KCHA. King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 9 of 11 C. In the event the Agency was aware of an organizational conflict of interest before the 'award of this Contract and intentionally did not disclose the conflict to the Contracting Officer, KCHA may terminate the Contract for default. (See also Section 8, Default and Termination.) D. The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the services provided by the Agency. The Agency shall include in such subcontracts and consulting agreements any necessary clauses to eliminate or neutralize conflicts of interest. 19. Interests of Members of Con~,ress. No member of or delegate to the Congress of the United States of America shall be admired to any share or part of this contract or to any benefit to arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 20. Interest of Members, Officers, Commissioners and Employees, or Former Members, Officers and Employees. No member, officer, or employee of KCHA, no member of the goveming body of the locality in which the project is situated, no member of the governing body in which KCHA was activated, and no other public official or such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. 21. Dissemination or Disclosure of Information. The Agency shall not disseminate or disclose information or material concerning this project to the general public, the news media, or any person or organization without prior express written approval by KCHA, except as required by state law governing access to public records. 22. Interration and Mer~,er. This Contract, including attachments and documents incorporated herein by reference, constitutes the entire agreement between KCHA and the Agency related to the subject matter of this Contract. The rights and remedies afforded to either party pursuant to any part or provision of this Contract are in addition to any other rights and remedies afforded by any other parts or clauses by this Contract, by law, or otherwise. 23. Notices. Any notices required or permitted by this Contract shall be in writing and shall be either personally delivered or sent by first-class mail, certified with return receipt requested, and addressed to the parties as follows: King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 10 of 11 If to KCHA: Pat Hogaboam South Area Property Manager King County Housing Authority 1103 9m Street S.E. Auburn, WA 98002 If to the Agency: Charles A. Booth Mayor of the City of Aubum 25 West Main Auburn, WA 98001 IN WITNESS WHEREOF, the parties signing this Contract warrant and represent for themselves and for their respective organizations that they are duly authorized to sign this Agreement, and that upon such signing their respective organizations are bound thereby. KING COUNTY CITY OF AUBURN H~//rAUTHORITY ~ Charles A. Booth Mayor of the City of Auburn 15455 65m Avenue South 25 West Main Tukwila, WA 98188 Auburn, WA 98001 AP Minds City Attorney King County Housing Authority and The City of Auburn Contract for Community Policing Services Page 11 of 11