HomeMy WebLinkAbout2025-0579 - HS 25-2627 - - New Beginnings Debbrina Foundation - New Beginnings Docusign Envelope ID:ODC10110-0B49-4E3D-A349-1 FBBOB81 E3FC
CITY OF AUBURN
AGREEMENT FOR SERVICES
New Beginnings
Debbrina House Foundation
THIS AGREEMENT made and entered into, by and between the CITY OF AUBURN ("City"), a
municipal corporation of the State of Washington, and New Beginnings Debbrina Foundation
("Provider"), whose address is 329 Kincaid Ave, Sumner WA 98390.
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. Without additional compensation, the Provider will
correct or revise any negligent errors, omissions or other deficiencies in any required plans,
designs, drawings, specifications, reports and/or other services, whether during or after the
Term of this Agreement. 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 $75,000.
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. Provider will operate within the guidelines of ADA.
4. Compensation
Once a participant enters into a lease, client agreement, or housing agreement with the
Provider, the City will pay the Provider a Non-refundable move in fee and a Monthly program
fee.
Contract Number HS 25-2627
Debbrina House Foundation
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Men's Platform
Monthly Program Rate $800 Shared room
Non-refundable move in fee $350
Shared Room move in Costs $1150
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 monthly program rate not to exceed twelve (12) months,
contingent on participants compliance with the Program. 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.
The Provider will cease billing the City for a Participant's accommodation after twelve (12)
months of cumulative residency at Provider's facilities. No extensions will be granted by the City
past twelve (12) months.
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.
a. 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 document 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 make every effort to remit invoices as quickly as possible.
b. The not-to-exceed amount for this agreement is $75,000. 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.
c. 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 the Anti-Homelessness Outreach Program Coordinator
acknowledging that an individual has qualified for the City's Clean and Sober Housing Program.
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
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Debbrina House Foundation
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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.
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 31, 2026, unless the
Parties otherwise agree 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 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
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Debbrina House Foundation
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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 amount 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, 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 Jeannie Dillion 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 New Beginnings
City of Auburn Jeanie Dillion
25 West Main St 329 Kincaid Ave
Auburn WA 98001-4998 Sumner WA 98390
Phone: 253.931.4011 Phone: 206.228.9626
Fax: 253.931.4005 Email:
Email: khay@auburnwa.gov newbeginningsscl@outlook.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.
Contract Number HS 25-2627
Debbrina House Foundation
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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.
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, product-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 of 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.
Contract Number HS 25-2627
Debbrina House Foundation
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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 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.
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.
13. 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.
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Debbrina House Foundation
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d. If it 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.
e. The provisions of this section were separately and mutually negotiated by the
parties.
14. 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.
15. 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).
16. 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.
17. 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).
18. 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.
19. 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.
20. 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
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Debbrina House Foundation
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section. Where appropriate, the singular will include the plural (and vice versa), and masculine,
feminine and neuter expressions will be 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.
21. 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.
22. Entire Aareement
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.
23. 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 seven 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.
24. 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 hereto have caused this Agreement to be executed
effective the day, and year first set forth above.
CITY OF AUBURN New Beginnings- Debbrina Foundation
[-Signed by: Signed by:
K-ttuAl4t6 n 011111110-0.-
Ertl. bU-I/bV4/l. JVLJI. ( 3bL4UH
Nancy ackus, Mayor Jeannie trillion, Program Director
Date: 12/2/2025 Date: 12/2/2025
Approved as to form:
Signed by:
pa tSirtA,t,
Pain"bWr e Nputy City Attorney
Date: 12/2/2025
Contract Number HS 25-2627
Debbrina House Foundation
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Docusign Envelope ID:ODC10110-0B49-4E3D-A349-1 FBBOB81 E3FC
EXHIBIT A
Scope of Services
New Beginnings will provide staff and operational support for housing of homeless
individuals who are referred to New Beginnings 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 seven (7) individuals experiencing homelessness
and referred to 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) has adhered to the Provider's
requirements. Participants must fulfill treatment/service obligations to determine eligibility for a
full year 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 course for each
participant per quarter.
• Maintain records and provide monthly reports to the City 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 15' of each month.
Contract Number HS 25-2627
Debbrina House Foundation
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