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HomeMy WebLinkAbout2025-0088 - - 2025 AAHAA Contract - AAHAA Supportive Services Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB CITY OF AUBURN AGREEMENT FOR SERVICES AAHAA Support Services THIS AGREEMENT made and entered into by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and Investments By M & J LLC, dba AAHAA Supportive Housing ("Provider"), whose address is 817 Harvey Road NE, Auburn WA 98002. In consideration of the conditions and the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Scope of Services The Provider agrees to perform the tasks described in Exhibit A to this Agreement. The Provider will be responsible for providing work products and services of a quality and professional standard acceptable to the City. According to the requirements and conditions described in Exhibit A, the Provider agrees to provide housing to up to ten (10) persons who are referred by the City to Provider because they are suffering from both homeless and addiction("Participants"). The City's approval of Provider's services will not in any way relieve the Provider of responsibility for service accuracy and adequacy. The amount of this contract is not to exceed $150,000.00. 2. Additional Services The Parties will amend this Agreement if additional services are required beyond those specified in Exhibit A and/or included in the compensation amount for this Agreement. An amendment must be written and agreed to by the Parties before Provider performs any additional services, and it must specify the nature, scope, and payment terms for the additional services. If the time period for completing additional services makes the advance signing of an amendment impractical, the Provider agrees to perform only the additional services requested in writing by an authorized City representative pending the signing of an Amendment as set forth in this Section. The invoice procedure for any additional services is described in Section 4 of this Agreement. 3. Provider's Representations & Qualifications The Provider represents and warrants that it has all the required licenses, certifications and qualifications to perform the services in this agreement and is qualified to perform these services within the guidelines of ADA & FFHA. 4. Compensation Once a participant enters into a lease, client agreement, or housing agreement with the Provider, the City will pay the Provider a deposit, a processing fee, and a pro rata amount for the program cost for the first month. AH25-2501 AAHAA Supportive Housing Page 1 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB Traditional Platform Monthly Program Cost $ 810 Shared room Program Deposit $ 550 Portion of Deposit that is nonrefundable $325.00 Intake Processing Fee $ 415 Nonrefundable Shared Room move in Costs $1,775 Family Platform Monthly Program Cost $1,760 2 Adults/up to 3 children Monthly Program Cost $1,590 1 Adult/up to 3 children Program Deposit $ 750 Portion of Deposit that is nonrefundable $625.00 Intake Processing Fee $ 415 Nonrefundable (one fee per family) Move in costs $2,925 2 adults/up to 3 children Move in costs $2,755 1 adult/up to 3 children Dual Diagnostic Platform Monthly Program Cost $1,500 Shared Room Program Deposit $ 700 Portion of Deposit that is nonrefundable $450.00 Intake Processing Fee $ 415 Nonrefundable Shared room move in costs $2,615 Unless otherwise notified by the city, for each month the Participant will be residing in the Providers facility, the Provider will bill the above accommodation amount. For each Participant, the Provider will charge the City a maximum of 3 months accommodation unless the Provider determines a Participant has met all the Provider's housing conduct requirements and has fulfilled the Participant's treatment obligations over the prior 3 months in which case the Provider may charge the City for a fourth month of accommodation. The Provider will refrain from billing the city any further monthly program costs or other amount if at any time a Participant abandons the residence, is ejected, evicted, the Provider terminates the Participant's housing agreement, or the Participant is otherwise no longer residing at the facility. Should a program participant fail to arrive on the scheduled entry date the Provider will credit the program fee and full deposit to the City to be used for another participant. Should a program participant abandon the program within the first 48 hours of entry, the Provider will credit the program fee and a portion of the deposit, as noted above, to the City to be used for another participant. The Provider will cease billing the City for a Participant's accommodation after four (4) months of cumulative residency at Provider's facilities, unless an extension of time no greater than eight months is approved in writing by the Administrator, in advance. If the Provider does not need to use any portion of a Participant's deposit to address damages after the Participant voluntarily vacates the residence, the Provider will credit the unused deposit balance to the City. This credit will be applied toward the deposit for the City's next Participant referral. AH25-2501 AAHAA Supportive Housing Page 2 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB a. The City reserves the right to terminate, at its sole discretion, payment for any Participant upon 30 days written notice to the Provider. Any disbursement made by the City to the Provider shall be without prejudice to the City's rights to later terminate disbursements. b. The Provider will submit monthly invoices and/or statements to the City detailing the time spent on Exhibit A tasks. Upon its acceptance of the invoice and/or statement, the City will process it in its next billing/claim cycle and will remit payment to the Provider (subject to any conditions or provisions in this Agreement or an Amendment). This Agreement's number must appear on all submitted invoices. Provider will submit copies of any documents supporting an invoice or statement to the City upon request. The Provider understands that there is the possibility of unforeseen circumstances that could impact the timing of the remittance, among which are late submittals by the provider, computer or technologies issues, staffing shortages or other unforeseen circumstances. The City will take every effort to remit invoices as quickly as possible. c. The not-to-exceed amount for this agreement is $150,000. The Provider will not undertake any work or otherwise financially obligate the City in excess of this not-to- exceed amount without the City's advance written authorization. d. City payments to the Provider after the current year are contingent on available funds. 5. City Referral and Screening The Provider shall only charge sums to the City for cost connected to an individual who has been referred by the City and accepted into the program by the Provider. A referral will be completed by an email message from either the Administrator or the Anti- Homelessness Outreach Program Coordinator acknowledging that an individual has qualified for the City's Opiate settlement Housing assistance grant. To the extent permitted by law, Provider agrees to screen City participant referrals and all other applicants for their suitability to live within their facility's environment. Provider ensures the safety of the Participants while on the premises. The City disclaims all responsibility for screening participants or otherwise insuring that unsuitable, criminal, or dangerous applicants are not referred to the Provider. The city is not ensuring the safety of the Participants or others' safety. A referral by the City shall not substitute for or relieve the Provider from conducting screening of a Participant and is not an indication that the City has knowledge of the Participants background or the risk they pose. The City may not perform background checks on Participants and may have limited knowledge of any referred individual other than their need for housing. The City does not expect the Provider to accept a referral that does not meet the Provider's criteria for occupancy in the Providers facility. The Provider accepts all responsibility for the quality of its screening of applicants and the persons selected to occupy their facility. AH25-2501 AAHAA Supportive Housing Page 3 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB 6. Time for Performance, Term, and Termination of Agreement a. The Provider will begin no work under this Agreement until authorized by the City in writing. The term of this Agreement commences on the date that the last party signs it (as reflected on the signature page). Once commenced, Provider shall complete the performance of all services in Exhibit A on or before December, 31st, 2025, unless otherwise agreed in writing. b. Termination for cause. Either party may terminate this Agreement for cause with written notice to the other party. A termination is "for cause" if a party substantially fails to perform in accordance with the terms of this Agreement through no fault of the other party. The notice will specify the termination reason(s) and its effective date. If the City terminates this Agreement for cause, all City payments otherwise due to Provider will be suspended and the City will have no further obligations to Provider. c. Termination for Convenience. The City may terminate this Agreement for convenience upon at least 15 days' written notice to the Provider. The notice shall contain the termination effective date. If the termination is through no fault of the Provider, the City will compensate Provider for services performed up to the termination effective date in accordance with the Exhibit B compensation rate. This compensation will fully satisfy the City's obligations under this Agreement and will discharge the City from any further obligations and liabilities to the Provider (including any Provider claims of anticipated profits or other consequential damages resulting from the termination). d. Upon receipt of any termination notice, the Provider will promptly discontinue all services and deliver to the City all data, drawings, specifications, reports, summaries, and such other information and materials the Provider has accumulated, prepared, or obtained in performing this Agreement (whether fully or partially completed). e. The rights and remedies in this Section do not exclude any other legal or equitable rights or remedies available to the City. 7. Ownership and Use of Documents The City will own all documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials that the Provider creates or prepares in performing this Agreement (the "Work Products"). The City may use these work products for any lawful purpose. Provider acknowledges that this Agreement and the work products are public records subject to RCW 42.56 unless exempt from public records disclosure requirements. The Provider agrees to fully assist the City in identifying, locating, and copying any records Provider possesses that the City determines in its sole discretion are responsive to a Public Records request. 8. Records Inspection and Audit All City payments are subject to adjustment for any amounts found upon audit or otherwise to have been improperly invoiced. The City may inspect and audit any Provider records and books of account pertaining to any work performed under this Agreement for up to 3 years after the City's final payment to Provider. If any litigation, AH25-2501 AAHAA Supportive Housing Page 4 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB claim, dispute, or audit is initiated before this 3-year period expires, Provider shall retain all records and books of account for any work performed under this Agreement until final resolution of any such litigation, claim, dispute, or audit. 9. Continuation of Performance If any dispute or conflict arises between the parties while this Agreement is in effect, the Provider agrees to cooperate and continue in good faith toward successful completion of its responsibilities under this Agreement notwithstanding such dispute or conflict. 10. Independent Contractor The Provider will perform the services as an independent contractor and will not be deemed by virtue of this Agreement or the performance of it to be in a partnership, joint venture, employment, or other relationship with the City. Nothing in this Agreement creates any contract relationship between the City and the Provider's employees, agents, or subcontractors. 11. Administration of Agreement This Agreement will be administered by Mark Hampton, on behalf of the Provider, and by the City Mayor (or designee) on behalf of the City. 12. Notices Notices or communications permitted or required under this Agreement will be written and delivered to the following addresses: Notice to the City: Notice to Provider: Kent Hay AAHAA City of Auburn Rachel Hodge 25 West Main St 817 Harvey Road NE Auburn Auburn WA 98001-4998 Auburn WA 98002 Phone: 253.931.4011 (253)735-0665 Fax: 253.931.4005 Email: Email: Khay@auburnwa.gov administrator@aahaasupportivehousing.com Either party may change its above address by giving written notice to the other party. Notices to non-parties will be delivered as designated by a party to this Agreement. 13. Insurance a. The Provider will, at its sole expense, procure and maintain for the duration of this Agreement and for 30 days thereafter insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the Provider, its agents, representatives, or employees. AH25-2501 AAHAA Supportive Housing Page 5 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB b. Provider's maintenance of insurance as required by the Agreement will not be construed to limit the liability of the Provider to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. c. The Service Provider will obtain insurance of the types described below: (i) Commercial General Liability insurance will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop-gap independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City will be named as an additional insured under the Provider's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26. Commercial General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. (ii) Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (iii) Tenant Discrimination coverage with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. The City shall be named as an additional insured using an additional insured endorsement to a separate Tenant Discrimination policy of insurance or a Commercial General Liability policy specifically endorsed to cover third party tenant discrimination claims. d. For Commercial General Liability insurance, the policies are to contain or be endorsed to contain that Provider's insurance coverage will be primary insurance as respects the City. Any insurance, self-insurance, or self-insurance pool coverage maintained by the City will be excess of the Provider's insurance and will not contribute with it. e. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than A:VII. f. The Provider will furnish the City with original certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Agreement before commencement of the work. g. The City reserves the right to require that complete, certified copies of all required insurance policies and/or evidence of all subcontractors' coverage be submitted to the City at any time. The City may withhold payment if the Provider does not fully comply with this request. h. If the Provider maintains higher insurance limits than the minimums shown above, the City will be insured for the full available limits of Commercial General and Excess AH25-2501 AAHAA Supportive Housing Page 6 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB or Umbrella liability maintained by the Provider, irrespective of whether such limits maintained by the Provider are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Provider. I. The provider will provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. Failure by the Provider to maintain the insurance as required will constitute a material breach of this agreement, upon which the City may, after giving five (5) business days' notice to the Provider to correct the breach, immediately terminate the agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the City's sole discretion, offset against funds due the Provider from the City. 14. Indemnification/Hold Harmless a. Except for injuries and damages caused by the sole negligence of the City, the Provider will defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits of every kind, including attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or omissions of the Provider, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its subcontractors, made in the performance of this Agreement, or arising out of worker's compensation, unemployment compensation, or unemployment disability compensation claims. Including any violation of RCW 29.18 and fair housing laws (42 U.S.C. 3601 and RCEW 49.60. b. The City specifically disclaims, and the Provider acknowledges City's lack of responsibility for, any damages to property or injury to others that a Participant may cause on the Provider's property. The City makes no representation regarding the character, quality, or behaviors of the referred Participants. Provider acknowledges that the extent of the City's responsibility for any damage, whether personal or property, caused by the Participant is the amount of the deposit paid by the City under section 4 of this Agreement. c However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Provider's negligence. d. If is further specifically and expressly understood that this indemnification constitutes the Provider's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. AH25-2501 AAHAA Supportive Housing Page 7 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB e The provisions of this section were separately and mutually negotiated by the parties. 15. Assignment Neither party to this Agreement may partially or wholly assign any right or obligation in it without the other party's prior written consent. No assignment or transfer of any interest under this Agreement will release the assignor from any liability or obligation under this Agreement or cause any such liability or obligation to be reduced to a secondary liability or obligation. 16. Nondiscrimination The Provider may not engage in any unfair practice identified in RCW 49.60.180 and/or 42 U.S.C. §2000e-2 in the performance of any services or activities under this Agreement (either directly or through contractual, hiring, or other arrangements). 17. Amendment, Modification and Waiver No amendment, modification, or waiver of any condition, provision, or term of this Agreement will be valid or effective unless written and signed by the party to be bound (or the party's authorized representative), specifying the nature and extent of such amendment, modification or waiver. Any waiver, approval or acceptance, or payment by any party will not affect or impair that party's rights arising from any default by the other party. 18. Parties in Interest This Agreement will bind (and its benefits and obligations will inure to) the parties and their respective successors and assigns. This section will not permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties, and it does not create a contractual relationship with or exist for the benefit of any third party (including contractors, sub-contractors and sureties). 19. Force Maieure Delays in performing this Agreement will be excused to the extent caused by acts outside a party's control, such as fires, cyber/ransomware attacks, earthquakes, floods, explosions, actions of the elements, riots, mob violence, strikes, pandemics, labor strikes or lockouts, and state or federal government emergency orders. 20. Applicable Law This Agreement and the rights of the parties under it will be governed by the laws, regulations, and ordinances of the City, King County, and the State of Washington. Venue for actions involving this agreement will be in the county where the property or project is located, or in King County if not site specific. An applicable statute of limitation will commence no later than the Provider's substantial completion of the services in this Agreement. 21. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and will not act to limit the scope of their particular paragraph or section. Where appropriate, the singular will include the plural (and vice versa), and masculine, feminine and neuter expressions will be AH25-2501 AAHAA Supportive Housing Page 8 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB interchangeable. This Agreement has been drafted by mutual agreement of the parties, and it will be interpreted and/or constructed without regard to its drafter. 22. Severable Provisions Each provision of this Agreement is intended to be severable. The illegality or invalidity of any provision in this Agreement will not affect the validity of the Agreement's remaining provisions. 23. Entire Agreement This Agreement (together with any subsequent amendments or addendums) contains the entire understanding of the parties regarding its subject matter, and it supersedes all prior oral or written representations, agreements and understandings between the parties. No other oral or written understandings regarding this Agreement shall bind any party. 24. Non-Availability of Funds Every City obligation under this Agreement is contingent on the availability of appropriated or allocated City funds. If funds required for the City's performance are not allocated and available, the City may terminate this Agreement at the end of the available funding period and without the required Section 5 fifteen days' notice. The City will not be liable if it exercises this provision and will not be obligated or liable for any future payments or damages as a result of termination under this Section. 25. Counterparts This Agreement may be executed in multiple counterparts, with each counterpart being one and the same Agreement, and the Agreement will become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN AAHAA SUPPORTIVE HOUSING by Signed by DocuSigned ]0 DBelBA 11 5 52 do Nancy Backus, Mayor Rachdge, Administrator Date: 2/18/2025 Date: 2/18/2025 Approved as to form: Signed by Mt,bbtflut Paul Byrne, Deputy City Attorney Date: 2/18/2025 AH25-2501 AAHAA Supportive Housing Page 9 of 10 Docusign Envelope ID:69E27575-44B8-4118-904F-A8F088B447AB EXHIBIT A Scope of Services AAHAA will provide staff and operational support for housing of homeless individuals who are referred to AAHAA by the City of Auburn. Outcome Goal Individuals who have been referred to the Provider by the City due to the individual's drug addiction shall have increased access to housing and will ultimately obtain self-sufficiency. Services The Provider will: • Maintain a clean and safe living environment that offers conditional continuous housing for up to twelve (12) months to no more than ten (10) individuals experiencing homelessness and referred by the City due to addiction, for the duration of this contract. • Case management services with the expectation that the program participant will be connected with employment resources, social security and or other financial stability resources. • Consider for residency placement all referrals made by the City. • Screen referrals for suitability for living in a group facility. • Conduct evaluation(s) of whether a participant(s) have adhered to the Provider's conduct requirements and fulfilled treatment/service obligations to determine eligibility for a fourth month of City rental assistance. • Provide a coordinator who will act as the primary contact for this Agreement. • Comply with all applicable health codes, rules, and regulations that apply to the Provider's services. • At a minimum provider will hold a 60-minute financial literacy training for each participant per quarter. • Maintain records and provide monthly reports to the Administrator that contain the participants, by name, who resided in the facility in the prior month and each individual's, total length of residency, program entry date, ethnicity, age, gender, services received by the participant during the prior month, UA date and outcome, engagement level, number of weekly meetings participant attended, sobriety date, date of birth • Assess whether the participant complied with the Provider's program requirements and/or violated any rules during the prior month, including a detailed description of any violation(s). The Provider agrees to timely respond to request for information, updates, and inspections as required by the City of Auburn. If a program participant is out of compliance, the monthly report will describe any actions taken by the Provider in response. If a participant's residency was terminated or interrupted, a description of the reason will be included. In addition, the monthly report shall contain: • a numerical count of the participants residing at the facility • the charges for each Participant for the previous month • the number of open beds at the facility during the prior month Reports are due no later than the 15th of each month. AH25-2501 AAHAA Supportive Housing Page 10 of 10