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Home My WebLink AboutItem VIII-B-2CITY OF WASHINGTON AGENDA BILL APPROVAL FORM A,qenda Subject: Resolution No. 3655 Date: November 12, 2003 Department: Attachments: Budget Impact: Police Resolution No. 3655 & King County Contract #625-2003-00'18 Administrative Recommendation: City Council adopt Resolution No. 3655. Back,qround Summary: A Resolution of the City Council of the City of Auburn, Washington, approving contract for services between the City of Auburn and the King County Housing Authority for the period commencing December 1, 2003 and ending November 30, 2004. Pl117-2 A1.3, A3.16.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Serv. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board I-IPublicWorks [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: []Yes []No Council Approval: []Yes []No Call for Public Hearing / Referred to Until / / Tabled Until / / Councilmember: Singer I Staff: Kelly Meeting Date: November 17, 2003I Item Number: VIII.B..2 AUBURN, MORE THAN YOU IMAGINED RESOLUTION NO. 3655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING CONTRACT FOR SERVICES BETWEEN THE CITY OF AUBURN AND THE KING COUNTY HOUSING AUTHORITY FOR THE PERIOD COMMENCING DECEMBER 1, 2003 AND ENDING NOVEMBER 30, 2004 WHEREAS, the King County Housing Authority has determined a need exists for certain services to be performed for its residents but does not have the manpower or expertise to perform such services; and WHEREAS, the King County 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 Services Contract No. 625-2003-0018 between the City and the King County Housing Authority pursuant to which the Housing Authority will provide funding in the amount of Twenty-nine Thousand Dollars ($29,000.00) to the City of Auburn Police Department to provide a half 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. Resolution No. 3655 October 29, 2003 Page I Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed day of November, 2003. PETER B. LEWIS, MAYOR Resolution No. 3655 October 29, 2003 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPR(~VED ~ TO FORM: City Attorney Resolution No. 3655 October 29, 2003 Page 3 COUNTY HOUSING AUTHORITY PROCUREMENT APPROVAL REQUEST Is Your Item Budgeted?: (If NO, must be approved by CAO) (a) BID INVITATION RFP / Q ISSUANCE NOTICE OF AWARD CONTRACT Qor N CGP/CFP Line Item #: CAO Approval (3) Date ~[~ CONTRACToRDERMODIFICATION. ................................................... CHANGE (2) ( See 'Change Order' Form # 2302 for Details CIO CURRENTC/O AGGREGATE ~ OTHER: Provision of Community Policing PROJECT NAMe: .SelyCicesin' South ~.g CPunty FROM: Mike Reilly DEPARTMENT: .H_~s~g~_M~ ~ a~g,_e~,~n~ DATE: 10/16/03 ESTIMATE t COST: $ CONTRACT AMOUNT: $ FUNDING SOURCE: CONTRACT No.: 29,000.00 29,000.00 · H°u.sing Managem.ent 325-2003-018 ._c..i~.0fAuburnp01i~e Department W/MBE: Y or~LN) SECTION (3): y or~') CONTRACTOR: ~VIETHOD OF NOTIFYING POTENTIAL BIDDERS: NA BRIEF DESCRIPTION: .?_.r__0_vi~e_Eq_li_~;~,.service for So_ut__h_Ki]_njL_C~_un_ty- ......................................................... (I) Attach Bid Tabulation Sheet or RFP / RFQ Criteria Evaluation Summary. (2) If over l 0% (cumulative vaiue) of contract amount provide written explanation. Requires Executive Director approvai. (3) For non-budgeted procurements that cannot be funded out of a Department budget or for a Department budget modification over $10,000, written approval must be obtained from the CAO. (4) If less than three responsive bidders, provide written explanation & obtain written statements from non-bidder's detailing reason for no bid submission. (5) If contract is not awarded to lowest bidder, provide written explanation. ~ROCUREMENT APPROVAL REQUEST KCHA 2300-AS Rev i0/15/01 Commissioners: DEBRA COATES, Chair RANDEE EDDINS, Vice Chair RICK BENDER DOREEN CATO PETER ORSER KING COUNTY HOUSING AUTHORITY Executive Director: STEPHEN J. NORMAN October 21, 2003 Pete Lewis, Mayor of the City of Auburn The City of Auburn 25 West Main Street Auburn, WA 98001 Re: Policing Services in South King County Dear Mayor Lewis: Enclosed is the Contract between KCHA and the City of Auburn for Policing Services in South King County. KCHA'S contribution for this service shall be $29,000.00. This contract will be in effect from December 1, 2003 to November 30, 2004. Please sign the document and return the original to Mike Reilly at the King County Housing Authority, 600 Andover Park W, Seattle, WA 98188. Sincerely, Connie Davis Chief Administrative Officer Enclosure Contract Number: 625 - 2003 - 0018 KING COUNTY HOUSING AUTHORITY RESIDENT SERVICES 600 ANDOVER PARK WEST, SEATTLE, WASHINGTON 98188 PHONE (206) 574-1100 · FAX (206) 574-1104 Contract for Services between the King County Housing Authority and the City of Auburn Police Department This Contract is entered into by and between the Kine CounW. Housing Authori~., hereinafter referred to as "KCHA", and the City. of Auburn Police Department, hereinafter referred to as the "Agency", whose principal office is located at 25 West Main Street, Auburn, WA 98001. WHEREAS, KCHA has determined the need for a regional approach to crime preventi.on to create a safer community in and around its developments in the City of Auburn; and WHEREAS, KCHA desires to have the Agency perform crime prevention 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. Definitions. 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. "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. "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. "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. e 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) This Instrument; (2) Form HUD-5370-C (5/92) -- (3) Exhibits, as listed; Exhibit A -- Exhibit B -- Exhibit C -- Exhibit D -- Exhibit E -- Exhibit F -- Exhibit G -- Exhibit H -- Exhibit I -- General Contract Conditions Non-Construction Scope of Work Project Budget and Invoice Schedule Reporting Requirements Invoice Format Quarterly Resident Contact Report : Quarterly Narrative Reports Format Insurance Requirements Roles and Responsibilities for Maintenance Facilities Facility Use Policy of the King County Housing Authority of (4) Any modifications duly delivered after execution of this ContraCt (see Section 6, Contract Modifications). Terms of the Contract. Duration of Contract: The Contract shall be in full force and effect for a period commencing December 1, 2003 and ending November 30, 2004, 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 an additional thirty-six (36) months, through written amendments, change orders or other modifications to this Contract. Be 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 carded out under this Contract. King County Homing Authority and the City Auburn Police Department Contract for Services Page 2 of 7 ge Compensation and Method of Payment: KCHA shall pay the Agency for services rendered according to the rate and method set forth on Exhi§it B attached hereto and incorporated herein. 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 6, Contract Modifications, herein. General Contract Conditions: Both KCHA and the Agency shall comply with all terms and conditions identified within Form HI. YD-5370-C (5/92) - General Contract Conditions (Non-Construction). 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. Facilities. KCHA does hereby agree to provide to the Agency the following facilities for the use as the Green River Police Substation, from which program operations will be coordinated: An office in the South Area Management Office. KCHA shall provide this office at no cost to the Agency. KCHA shall pay the cost of reasonable utilities including heat, lights, water, sewer and garbage. The Agency shall be responsible for using all utilities in an energy conservative manner, including ensuring that the heat and lights are turned down/off when the space is not being utilized. Telephone service, if desired, shall be provided at the sole cost and expense of the Agency. The Agency shall maintain the facility in an orderly and clean condition, in accordance with the responsibilities outlined in Appendix 1. The Agency staff shall use only designated parking spaces. The Agency agrees to collaborate with other existing or potential on-site service providers in the development of new program activities and in the use of available on-site facilities. KCHA shall reserve the right to use any of the above areas for uses mutually agreed to by both parties after providing written notice. The Agency will not be held liable for any area being used by KCHA. This Contract has been drained in compliance with the Facility Use Policy of the King County Housing Authority (Exhibit I). Assianment 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. Subcontracting and Subcontractors. With respect to the performance of those activities described in Exhibit A and the use of the Green River Police Substation: King County Housing Authority and the City Auburn Police Department Contract for Services Page 3 of 7 Be Ce De Fe "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoihg, entered into with a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime Contract or a subcontract. "Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, equipment, or services to or for the Agency or another subcontractor. 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. The Agency shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Agency. " The Agency shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and KCHA or between the subcontractor and HUD. Contract Modifications. 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. Be The Contracting Officer may modify the contract unilaterally - (1) pursuant to a specific authorization stated in this Contract; or (2) for administrative matters which 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. Any modification 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. e Waiver and Severabili ,ty. Bo The failure or delay of either party to insist on performance of any provision of the Contract, or to exercise any right or remedy availal~le under the Contract, shall not King County Homing Authority and the City Auburn Police Department Contract for Services Page 4 of 7 Co 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 hot 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 6, Contract Modifications, herein. If any provision of the Contract is or becomes void or unenforceable by operation of law, the remaining clauses shall be valid and enforceable. 8. Indemnification and Hold Harmless. Both parties understand and agree that the Agency is acting hereunder as an independent contractor, with the intended following reSults: Control of personnel, standards of performance, discipline, and all other aspects of performance shall be governed entirely by the Agency; All persons rendering service hereunder shall be for all purposes employees of the Agency; All liabilities for salaries, wages, any other compensation, injury, 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 neghgent 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. 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 of KCHA, its officers, employees, or agents. KCHA agrees that its obligations under this provision extend to any claim, demand o2 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. 9. Insurance. A. The Agency agrees to comply with the insurance requirements described in Exhibit H - Insurance Requirements. King County Homing Authority and the City Auburn Police Department . Contract for Services Page 5 of 7 Be The Agency hereby certifies that the Agency and each subdontractor 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. 10. 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 executic;n of the Contract and shall make copies of the client grievance procedure available to'clients, if requested. 11. Integration and Merger. 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. 12. 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: If to KCHA: Mike Reilly Housing Operations Manager King County Housing Authority 600 Andover Park W Seattle, WA 98188 If to the Agency: Pete Lewis Mayor of the City of Auburn 25 West Main Street Auburn, WA 98001 King County Housing Authority and the City Auburn Police Department Contract for Services Page 6 of 7 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 HOUSING AUTHORITY CITY OF AUBURN POLICE DEPARTMENT (_C. oraiie Davi~-'~ Chief Administrative Officer 600 Andover Park West Seattle, WA 98188 BY: Pete Lewis Mayor of the City of Auburn 25 West Main Street Auburn, WA 98001 DATE: ID-LL-O DATE: King County Homing Authority and the City Auburn Police Department Contract for Services Page 7 of 7 General Contract Conditions Non-Construction U.S. Department of Housing and Urban Development Office of Public and Indian Housing · OMB Approval No. 2577-0180 (exp. 4/30/96) Public Reporting Burden for this oalleclion of information is estimated to average 0.08 hours per response. Incluc~ng the time for reviewing instructions, searching existing -- ~ sources, g~thering and maintaining the data needed, and oompleling and reviewing the oollection of Information. Send comments regarding Ns burden estimate or any olh~ aspect o! this eolleclion of inrormalim, inducing auggeatima for reducing ~ burden, lo the Reports Management Offloe% Office of Inkxmation Policies and Systems, U.S. Department of Housing and Urban Devalopment. Washingem, D.C. 20410-3600; and to the Olf~ce of Managernent and Budget, papenvo~k Reduction -- Project (2577-0180), Washington, D.C. 20503. Do not send this completed form to either al' these addressees. 1. Definitions The following definitions are applicable to this contract: (a) 'Authority or Housing Authority (HA)" means the King County Housing Authority. (b) 'Contract" means the contract entered into between the Authority andthe Contractor, 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, Change Order, or other modification. (c) "Contractor" means the parson or other entity entering into the contract with the Authority to perform all of the work required under the contract, (d) 'Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Ud3an Development acting for and on behal~ of the Secretan/. 2. Changes (a) The HA may at anytime, by written order, and without notice totha sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered. (b) ff any such change causes an increase or decrease in the hourly rata, the not-to-exceed amount of the contract, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not4o- exceed amount, the hourly rate, the deivery schedule, or other affected terms, and shall modify the contract accordingly. (c) The Contractor must assert its right to an equitable adjustment under thb clause within 30 days from the date of receipt of the written 'and act upon a proposal submitted before final payment of the contract. (CO Failure to agraa to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract es changed. (a) No services for which an additional cost or fee will be charged by the Contractor abel be furnished without the prior written consent of the HA. a. Disputes (a) All disputes arbing under or relating to this contract, including any claims for damages for the sieged breach thereof which ere not disposed of by agraernent, shall be resolved under this clause. (b) All claims by the Contractor shal be made in writing and submitted rathe HA. A claim by the HA against the Contractor shall be subject to a whiten decision by the HA. (c) The HA shall, with reasonable promptness, but in no event In no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes e~ception to such decision, the decision shall be final and conclusive. (d) Provided the Contractor has (1) given the notice within the time stated in paragraph (c) above, and (2) excepted its claim relating to -- such decision from the final release, and (3) brought suit against the HA not later than one year after receipt of final payment, or i~ final payment has not bean made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is -- earlier, then the HA's decision shall not be finaJ or conclusive, but the dispute shall be determined on the merits by a court of competent -- jurisdiction. (e) The Contractor shall proceed diligently with performance of this -- contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any -- decision of the HA. 4. Termination for Convenience and Default (a) The HA may terminate this contract in whola,.o~ from time to time -- in part, forths HA's convenience orthe fagure of the Contractor to fulfill · the contract obF~;lations (default). The HAshallterminate by delivering _ rathe Contractor awritten Notice d Termination apscifying the nature, extent, and effective data d the termination. Upon receipt d the notice, the Contractor shall: (1) immediately discontinue all serviCes affected -- (unless the notice directs otherwise), and (2) deliver to the HA all information, reports, papers, and other materiais accumulated or -- generated in performing this contract, whether completed or in process, _ (b) If the termination is for the convenience of the HA, the HA shall be liable only fox payment for services rendered before the effective date -- of the termination, (c) If the termination is due to the failure of the Contractor to fullill its -- obligations under the contract (default), the HA may (1) require the Contractor to deliver to it, in the manner and to the extant'directed by -- the HA, any work as described in subparagraph (a](2)above, and compensation be determined in accordance with the Changesclause; _ (2) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; and (3) withhold any payments to -- the Contractor, for the purpose of set-df or partial payment, es the case may be, of amounts owed the HA by the Contractor. -- (cO If, after termination for failure to fulfill contract obr~ations (defauit), it is determined that the Contractor had not failed, the termination shall -- be deemed to have been eftected for the convenisnce tithe HA, and the ~shallbe anaisdtopayrnsnt as descrbedin paragraph (b) above. -- (e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Dispute~ herein. -- $. Assignment of Contract _ The Contractor shal not assign or transfer any interest in this contract; exceptthat claims for monies due orto become due from the HA under -- the contract may be assigned to a bank, trust company, or other financlalinstitution, lfthe Contractor is a partnership, thiscontract shall _ inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA. Pr~vloM~ ~ is o~o1~ ~ 1 al 5 tarot HUD-E;~70-C 6. Certfiicete end Release Prior tofinal payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractorshall execute and delivertothe HA a certificate and release, in a fon'n acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein. 7. EXamination and Retention of Contractor's Records (a) The HA, HUD, or Comptroler General of the United States, or any of their duly authorized representatives shall, until $ years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pedinent books, documents, papers, or cther records involving transactions related to this contract for the purpose of making audit, exarninstio~, excerpts, and transcriptions. (b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantla~ the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the clause titled Disputes, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken e~eption shall continue until disposition of such appeals, litigation, claims, or exceptions. 8. Organizational Conflicts of Interest (a) The Contractor warrants that to the best of its knowledge and bermf and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature ofworkunder this contract and a Contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advan-. tsge; or (2) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agraeethat I after award it discovers an organiza- tional contlict of interest with .respect to this contract or any task./ delivery orde~ under the contract, he or she shall make an irTm~diate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the conven- ience of the HA if it would be in the best interest of the HA. (c) In the event the Contractor 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, the HA may terminate the contrect for default. (d) The terms of this clause shall be included in all subcontracts and consulting agreement.e wherein the work to be performed is similar to the service I~'ovided by the prime Contractor. The Contractor shall include in such subcof~tracte and consulting agreements any neces- am~/provisions to eliminate or neutralize conflicts of interest. g. Inspection and Acceptance (a) The HAhas theright to review, requira correction, if necassary, and accept the work products produced by the Contractor. Such review(s) ehM be carried out within 30 days so as to not impede the work of the Contractor. A~y product of work shall be deemed accepted as -- submitted If the HA does not issue written comments and/or required corrections within 30 days fro. rathe date of receipt of such product from -- the Contractor. (b) The Contractor shall make any required corrections promptly at no -- additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA. -- c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's -- submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the _ contract price or cost to reflect the reduced value of services received. 10. Rights in Data (Ovmership and Proprietary Interest). The HA shall have exclusive ownership of, all proprietary interest in, _ and the right to full and exclusive possession of al information, materials and documents discovered or produced by Contractor pursuant to the terms of thb Contract, including but not limited to reports, memoranda or letters concerning the rassamh and reporting tasks of this Contract. -- 11. Interest of Members of Congress -- No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted, to any share or -- part of this contract or to any benefit to arise therefrom, but this provision shal not be co~rued to extend to this contract if made with -- a corporation for its general benefit. 12. Interest of Members, Officers, or Employees and Former Member~, Officers, or Employees No member, offioer, or employee of the HA, no member of the governing body of the Iocar~y in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exemisas any functions or responsibilities with respect tothe 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. 13. Umitatlon on Payments to Influence Certain Federal Tra~eaction~ (a) Definitions. As used in this clause: 'Agency", as defiled in 5 U.S.C. 552(f), includes Federal execu- tive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). 'Covered Federal Action" means any of the folowlng Federal actions: (1) The awarding of any Federal contract: (2) The making of any Federal grant; (3) The making of any Federal loan; (4) The entering into of any cooperative agreement; and, (5) The extension, continuation, renewal, amendment, or mod'dication of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan. 'Indian tribe" and "tribal organization" haVe the meaning provided in section 4 of the Indian Self-Dstermination and Educatio~ Assistance Act (25 U.S.C. 450B). Alaskan Natives ara included under the definitions d Indian tribes in that Act. page 2 ot'6 form HUD~370-C (5/92) 'Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member o! Congress in connection with any covered Federal action. 'Local government~ means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a govemmentalduty, including a local public authority, a special district, an intrastate district, a council of govemments, a sponsor group representative organization, and any other instrumen- tality of a local government. 'Officer or employee of an agency" includes the following individu- als who ere employed by an agency: (1) An individual who is appointed to a position In the Government under title 5, U.$.C., including a position under a temporary appointment; (2) A memberof the uniformed services as defined in section 202, title 18, U.S.C.; (3) Aspeclal Government employee as defined in section 202, title 18, U.S.C.; and, (4) An individual who is a member of a Federal advisory committee, as cler~ed by the Federal Adviscx7 Committee Act, title 5, sppendix 2. "Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or cther Indian organization with respect to expenditures specifioally permitted by other Federal law. consistent with the amount normally paid for such services in the private sector. 'Recipient" includes ali contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Incrmn organization with respect to expenditures specifically permitted by other Federal law. 'Regularly employed" means, with respect to an officer or em- ployse of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year Immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immecliately preceding the date of submission that initiates agency consideration of such per;on shall be considered to be regularly employed as soon as he or she is employed by such person fo' 130 wcxtdng days. 'State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a terdtoryof possession of the united States, an agency or instrumentality of a State, and a muiti-State, regional, or interstate entity having governmental duties and powers. (b). Prohibition. (1) Section 1352 of title 31, U.S.C. provides in part that no sppropri- ated luncls maybe expended by the recipient of a Fedsralcontract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agree- -- ment, and the extension, continuation, renewal, amendment, or modification of any Fed.eral contract, grant, Joan, or cooperative -- agreement. (2) The prohibition does not apply as follows: _ (i) Agency and legislative liaison by Own Employees. (A) The prohibition on the use of appropriated funds, in paragraph (1) of this section, does not apply in the case of a -- payment of reasonable compensation mede to an officer or employee of a person requesting or receiving a Federal contract, -- grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal -- (B) For purposes of paragraph (b)(2)(i)(A) of this clause, _ providing any information specifically requested by an agency or Congress is permitted at any time. (C) The following agency and legislative liaJsen activities are permitted at any time only where they are not related to a specifio solicitation for any covered Federal action: -- (1) Discussing with an agency (including individual df~monstrations) the qualities and characteristics of the pe.rson's products or -- ss~vices, conc~tions or terms of sale, and eerv~e capabilities; and, (2) Technical discussions and other activities regarding the applica- _ tion or adaptation of the person's products or services for an agertcy's use. (D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action: -- (1) Providing anyinformation not specifically requestad but necessary for an agency to make an informed decision about initiation of a -- covered Federal action; (2) Technical discussions regarding the preparatic~ of an unsolicited _ proposal prior to its official Submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, es amended by Public Law 95-507 and other subsequent amend- mants o -- (E) Only those activities expressly authorized by subdivision (b)(2)(i)(A) of this clause are permitted under thb clause. -- (id Professional and technical services. (A) The prohibition on the use of appropriated funds, in _ subparagraph {13)(1) of this clause, does not apply in the case of- (1) A payment of reasonable compensation mede to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for profes- -- sional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for -- that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. _ (2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preps- -- ration, submission, or negotiation of any bid, proposal, or applica- tion for that Federal action or for meeting requirements imposed -- by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person _ requesting or receiving a covered Federal action include consult- ants and trade associations. (B) For purposes of subclivislon (b)(2)(li)(A) of clause, 'profes- sional and technical sen/ices" shall be limited to advice and analysis _ directly applying any professional or technical discipline. form HUD-5370-C (5/92) (C) Recluirements imposed by orpursuant tolaw as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents. (D) Only those services expressly authorized by subdivisions (b)(2)(i)(A)(1) and (2) of this section are permitted under this clause. (iii) Selling activities by independent sales representatives. The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does no( apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are apecifically limited to the merits of the matter: (A) Discussing with an agency (including individual demon- etration) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and (B) Tectmical discussions and other activities regarding the applbation or adaptation of the person's products or services for an agency'S use, (o} Agreement. In accepting any contract, grant, cooperative agree- ment, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause. (d) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to a civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civilpanatty does not prevent the Government from seeking any other remedy that may be applicable. (e) Cost Allowability. Nothinginthisclause istobe interpretedto make allowable Or reasonable any costs which would be unallowable or unreasonable in accordance with Pm1 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost alowabliity lor recipients of ass~ance agrsemants. Conversely, costs made spect~i- ~ unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Pm1 31 orthe relevant OMB Circulars. 14. Equal Employment Opportunity During the performance of this contract, the Contractor agrees as folk)we: . (e) The Contractor shall not discriminate against any employee Or applicant for employment because of race, color, reigion, sex, Or national origin. (b) The Contractor shall take affirmative action to ensure that appli- cants are employed, and that employees are treated during employ- ment without regardtotheir race, color, religion, sex, or national origin. Such action shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. (c) The Contractor shal post in conspicuous placas available to employees and applicants Ior employment the notices to be provided by the Contracting Officer that explain this clause. (d) The Contractor abel, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all quatified appicants ,,vii receive consideration for employment without regard to race, color, religion, sex, or national origin. (e) The Contractor shal send, to each labor union or representative of workers with which it has a colbctive bargaining agreement or other co,trent or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of Ihs -- notice in conspicuous places available 1o employees and applicants for employment. -- (f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of -- Labor. (g) The Contractor shall furnish allinformation and reports required by -- Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Co¢~tractor -- shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compli- _ ance with such rules, regulations, and Orders. (h) In the event of a determination that the Contractor is not in -- compliance with thb clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, Or _ suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or f~deraliy assisted construction contracts under the procedures authorized in Executive -- Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive -- Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. -- (i) The Contractor shal include the terms andconditions of this clause in every subcontract or purchase order unless exempted by the rules, -- regulations, or orders of the Secrsta~y of Labor issued imder Executive Order 11246, as amended, so that these terms and concl~ions will be _ binding upon each subcontractor or vendor. The Contractorsheli take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secrelary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that ilthe Contractor becomes -- involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the -- United States to enter into the litigation to protect the interests of the United States. 15. Di~,emination or Disclosure of Information No information or material shall be dieseminated or disclosed to the general public, the news media, or any person or organization without _ prior express written approval by the HA. 16. Contractor's Statue It is understood that the Contractor is an Independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shallsave harrnlees the HA and its employees from claims suits, actiocts and costs of every description resulting from the Contractor's activities on behall of the HA in connection with this Agreement. 17. Other Contractor8 HA may undertake or award ocher contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, hsec~g any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee. 18. Liens The Contractor is prohibited from placing a lien on HA's properly. This prohibition shall apply to all subcontractors. page4ct 5 fo~m HUD-S370-C 19. Tralnlng and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)(Ap- plicable to contracts in excess of $500,000) (a) The work to be performed under this contract is on a project assisted un der a program providing direct Federal financial assistance from HUD and is subject to the requirements of section 3 el' the HUD Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employ- merit be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The parties to this contract will comply with the provisions of Section 3 andthe regulations issued pursuant thereto bythe Secretary of HUD set forth in 24 CFR part 135, and all applicable rules and orders of HUD issuedthereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would Ixevent them from comply° ing with these requirements. (c) The contractor will send to each labor organization or representa- tive of workers with which the contractor has a collective bargaining agreement or other contract or understancl~ng, if any, a notice adv~ng the organization of the contractor's commitments under this clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (d) The contractor willinclude this clause in every subcontract for work -- in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action -- pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR part -- 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of _ these regulations and will no{ award any subcontract unless the subcontractor has firstProvided it with apreliminary statement of ability to comply with the requirements of these regulations. -- (e) Compliance with the provisions of section 3, the regulations set forth at 24 CFR part 135, and all applicable rules and orders of HUD issued thereunder prior to the execution of the contract shall be a condition of the Federal financial assistance provided to the project, -- binding upon the applicant or recipient for such assistance, its successors, and _=_~gns. Failure to fulfill these requirements shall -- subject the applicant or recipi.ent, its contractors and subcontractors, its successors, and assigns to tho~e sanctions specified by th.e grant _ or loan agreement or contract through which the Federal assistance isprov'KJed, andtosuchsanctionsasarespecifiedby24CFRpart135. _ page 5of 5 form HUD-~TG.C (5/92) EXHIBIT A - SCOPE OF WORK THE CITY OF AUBURN POLICE DEPARTMENT OVERVIEW OF CONTRACT: Contract Number: 625-2003-0018 Contract Period: December 1, 2003 to November 30, 2004 Total Contract Value: $29,000.00 Provision of Services: The Agency shall furnish the residents of the King County Housing Authority communities of Green River Homes, Firwood Circle and Bumdale Apartments, policing services, employing the community policing concept, including the operation bfa community police office on site in Green River Homes with one (1) full-time police officer. In performing such services, the Agency shall at all times comply with all Federal, State and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection herewith. KCHA may, subject to the provisions contained in Form HUD-5370-C (5/92), by written notice of default to the Agency, terminate this Contract for (a) acts by the Agency outside of the scope of described services or (b) failure to perform any of the services or reporting activities specified in this Contract. SCOPE OF WORK TO BE PERFORMED BY AGENCY: The Agency shall furnish the residents of Green River Homes, Firwood Circle and Bumdale Apartments, policing services and will operate a community police office on site in Green River Homes with one full-time police officer serving the three communities. The Agency agrees that it will not reduce its current level of police services to the public housing developments, particularly in the areas of community policing, patrol, criminal investigation, records, dispatch and special operations. Either Party to the contract may amend the scope of the plan of operations through written request for an amendment. The Executive Director of KCHA and the Mayor of the City of Auburn shall provide final determinations regarding the establishment of an amendment to the plan of operations. The Agency will provide the following services: King County Housing Authority and The City of Auburn Police Department Exhibit A - Scope of Work Page 1 of 3 EXHIBIT A - SCOPE OF WORK THE CITY OF AUBURN POLICE DEPARTMENT 1. Community Policing Resident Contact (Walk-in's &Telephone) 2. Walking / Bicycle Patrols 3. Community Policing Contacts Green River Homes Firwood Circle Bumdale Homes 4. On-view Contacts / investigations 5. Self-initiated field Activities (prevention /mediation / intervention). 6. Enforcement Contacts / Patrol Assists Traffic Reports/Follow Ups, etc. 7. Crime Prevention activities Coordinate, train and support the activities of on site recreation, social services programs, resident council and KCHA. 8. Crime Prevention, Security and Safety Education Programs. 9. Advise KCHA in the planning and implementation of other security programs 10. Home Safety / Security Surveys for residentS at of Green River Homes, Firwood Circle and Bumdale Apartments. 11. Childhood Safety / Crime 'Prevention Program at of Green River Homes, Firwood Circle and Bumdale Apartments. 12. Youth Prevention Activities at of Green River Homes, Firwood Circle and Bumdale Apartments. · 20 Residents minimum per month · 10 Patrols per each site minimum per month · 100 people minimum per month · 25 people minimum per month 10 minimum per month 10 minimum per month · As they occur On-going At least 1 activity per quarter per site serving a minimum of 15 residents Provide Housing Staff- 1 program per semester or work 1 on 1 with staff As requested 1-2 per Quarter 2 per Year per site 1 per Quarter per site King County Homing Authority and The City of Auburn Police Department Exhibit A - Scope of Work Page 2 of 3 EXHIBIT A - SCOPE OF WORK THE CITY OF AUBURN POLICE DEPARTMENT 13. Apartment watch meetings or other prevention activities at of Green River Homes, Firwood Circle and Bumdale Apartments'. 14. Coordination and Communication: Attend Resident Council Meetings and maintain communication lines with resident leaders. 15. The Agency will coordinate support efforts with other social service agencies, schools, job support and health care providers serving resident families and make referrals for services. 16. Reporting: Outcome-based program reports and data information to the South Area Property Manager. 17. Report to Housing Management all police concems, incidents of drags and drug related crime occurrences, and non-emergency criminal activities in the communities. Coordinate crime reduction efforts. 18. Respond to Housing Management written requests for services or information and provide requested public information which deals with'criminal activity in the King County Housing Authority communities. 19. Provide Housing Management with a calendar of officer's monthly schedules. 20. Attend all Team meetings to plan, coordinate and schedule programs, problem- solve, and maintain project communication. 1 per Quarter per site · On-going · As needed Submit quarterly with invoices to the. South Area Property Manager · As needed · As requested · On-going * On-going King County Homing Authority and The City of Auburn Police Depmment Extu~oit A - Scope of Work Page 3 of 3 EXHIBIT B - PROJECT BUDGET AND INVOICE SCHEDULE THE CITY OF AUBURN POLICE DEPARTMENT PROJECT BUDGET: Law Enforcement: Service Activity: Community Policing Services Amount Allocated: $27,958.00 DARE Supplies $1,042.00 Total Contract Value: $29,000.00 INVOICE .SCHEDULE: Invoices for payment shall be submitted for each of the Contract Quarters listed below no later than ten (10) days after the end of the Contract Quarter. The value of the reimbursement requested shall be based upon the schedule provided below. The total value of reimbursement requested during this Contract Period shall not exceed the value oft_his Contract for this Contract Period. Contract (Month/Quarter) Invoice Due Reimbursement Schedule st Quarter (Dec. 2003 - Feb. 2004) March 10, 2004 $7,250.00 aa Quarter (March 2004 - May 2004) June 10, 2004 $7,250.00 Quarter (June 2004 - Au~ust 2004) September 10, 2004 $7,250.00 a Quarter (Sept. 2004 - Nov. 2004) December 10, 2004 $7,250.00 Total Contract Value: $29,000.00 King County Homing Authority and The City of Auburn Police Department Exhibit B - Project Budget and Invoice Schedule Page 1 of 1 EXHIBIT C - REPORTING REQUIREMENTS THE CITY OF AUBURN POLICE DEPARTMENT Quarterly Narrative Reports: The Agency shall submit Narrative Reports, providing overviews of project progress and achievements, to KCHA no later than ten (10) days after the close of each Contract Quarter. The format for the Narrative Reports is attached as Exhibit F. · Quarterly Resident Contact Data Reports: The Agency shall submit a Resident Contact Data Report, providing demographic information regarding program participants receiving services during the reporting period, to KCHA no later than ten (10) days after the close of each Contract Quarter. The format for the Resident Contact Data Report is attached as Exhibit E. Quarterly Invoices: The Agency shall submit Invoices to KCHA no later than ten (10) days after the close of each Contract Quarter, as described within the Project Budget and Invoice Schedule (see Exhibit B). The Invoice format is attached as Exhibit D. ~ Schedule of Program Activities: The Agency shall submit to KCHA a written Schedule of Program Activities regarding the services and activities supported through this Contract. The Agency shall notify KCHA in writing of changes to this schedule. Insurance: Certification(s) of insurance coverage as required by the contract shall be delivered to the Contracting Officer of KCHA before execution of the Contract. Information regarding insurance requirements is provided in Exhibit H. Copy of 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. Taxpayer Identification and Certification: The Agency shall submit to KCHA a completed W-9 "Request for Taxpayer Identification and Certification" Form with the executed Contract. Monitoring and Coordination: At least once during the duration of this Contract, KCHA will visit the Agency to monitor contract progress. The Agency shall be expected to work as a team member and coordinate efforts with KCHA on-site management, KCHA Resident Services staff and other service providers. King County Homing Authority and The City of Auburn Police Department Exhibit C - Reporting Requirements Page 1 of 1 EXHIBIT D - INVOICE FORMAT THE CITY OF AUBURN POLICE DEPARTMENT Contract Number: Name and Address of Agency: The City of Auburn Police Department 25 West Main Auburn, WA 98001 Contract Quarter: ~-] 1''t Quarter [] 3~d Quarter [-] 2na Quarter [-] 4~ Quarter Amount Requested this Contract Quarter: Total Amount of Contract Budget: $7~250.00 Reimbursement to Date: 625-2003-0018 $29,000.00 Amount Requested this Contract Month: Balance: Invoice Prepared and Submitted By: Name: Title: SIGNATURE: Date: Coding (To be completed by KCHA staff): King County Homing Authority and The City of Auburn Police Department Exhibit D - Invoice Format Page 1 of 1 EXHIBIT F- QUARTERLY NARRATIVE REPORT FORMAT THE CITY OF AUBURN POLICE DEPARTMENT QUARTERLY NARRATIVE REPORT: Please provide a brief summary of program activities, addressing the following issues for the service activities described within this Contracti Service Activity: Auburn Police Department Community Policing 1. Highlights: Describe highlights of program activities and accomplishments. Performance Standards: Please describe progress toward the accomplishment of program objectives and standards. Also, please describe any performance standard(s)' not on target and provide explanation. Problems and Program Adjustments: Please describe any major problems identified and any solutions, corrective actions and/or adjustments made to your program to address identified problems. 4. Other Comments: Please provide any other comments or observations.you wish. REPORTING SCHEDULE: This Quarterly Narrative Report should be submitted to KCHA no later than ten (10) days after the close of each Contract Quarter. Contract Quarter Quarter (Dec. 2003 - Feb. 2004) Quarter (March 2004 - May 2004) Quarter (June 2004 - August 2004) 4~ Quarter (Sept. 2004 - Nov. 2004) Report Due March 10, 2004 June 10, 2004 September 10, 2004 December 10, 2004 King County Housing Authority and The City of Auburn Police Department Exhibit F - Quarterly Narrative Report Format Page 1 of 2 EXHIBIT F - QUARTERLY NARRATIVE REPORT FORMAT THE CITY OF AUBURN POLICE DEPARTMENT Schedule of Program Activities: Please submit a report of the schedule for the current and next quarters using the following format: A. Green River Homes Community Police Office Operation Schedule - Current Quarter Quarter Community Officer Duty Hours: Officer, Day of week, Hours of day B. Scheduled Prevention Activities & Programs - Next Quarter Activity, Date, Time, Location King County Housing Authority and The City of Auburn Police Department Exhibit F - Quarterly Narrative Report Format Page 2 of 2 EXHIBIT G - INSURANCE REQUIREMENTS THE CITY OF AUBURN POLICE DEPARTMENT Requirements for Insurance: The Agency shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Agency's operation and use of the leased premises. All insurance shall be carried with companies which are financially responsible and admitted to do business in the State of · Washington. The cost of such insurance shall be borne by the Agency. Required Insurance Coverage: Commercial General Liability: Commercial General Liability coverage with a minimum coverage of $1,000,000.00 per ,occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this premises or the general aggregate limit shall be twice the required occurrence limit. Professional Liability Insurance (If required): The Agency shall maintain or ensure that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Contract, either directly or indirectly, involve proCding professional services. Such professional liability insurance shall be maintained in an amount not less than $1,000,000.00 combined single limit per claim/aggregate. For the purpose of this paragraph, "professional services" shall mean any services provided by a physician, licensed Psychologist, or other licensed professional. General Liability and Automobile Liability: The Agency's general liability and automobile liability policies must have a minimum coverage of $1,000,000 per occurrence and are to contain, or be endorsed to contain, the following clauses: KCHA, its officers, officials, employees and volunteers are to be covered as additional insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Agency. (2) The Agency's insurance coverage shall be primary insurance as respects KCHA, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by KCHA, its officers, officials, employees or volunteers shall be excess of the Agency's insurance and shall not contribute with it. (3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially changed, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to KCHA. Maintenance of Insurance: Maintenance of the proper insurance for the duration of the Contract is a material element of the Contract. Material changes in the required coverage or cancellation of the coverage shall constitute a material breach of the Contract. Certificates of Insurance and Endorsements: The .Agency and each subcontractor shall furnish KCHA with certificates of insurance with endorsements showing the required insurance is in force and will insure all operations under the Contract. King County Housing Authority and The City of Auburn Police Department Exhibit G - Insurance Requirements Page 1 of 1 EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMENT Overview: The following sets forth the roles and responsibilities of KCHA and the Agency for the facilities provided at Green River Homes by KCHA for the operation of the Green River Police Substation by the Agency. KCHA and the Agency mutually agree to perform their roles and responsibilities to the best degree practicable and to work together cooperatively to resolve any concerns. 1. Definitions. The following definitions are applicable to this Contract: A. "Repair" means the correction of any malfunction or deficiency of equipment, systems, fixtures, attachments, or hardware in the building or home. Repair shall not include the Agency's equipment and machinery. B. "Replacement" means that when repair does not correct the malfunction or deficiency of equipment, systems, fixtures, attachments, or hardware, actual replacement of the deficient item or system will occur. Replacement shall not include the Agency's equipment and machinery. C. "Maintenance" means the proper upkeep of any part of a trait or building to ensure its ongoing operation and attractiveness in the community's interest. D. "Ordinary and Reasonable Wear and Tear" means the normal, day-to-day use of property, equipment and facilities over the expected life of the property, equipment and facilities. Questions or concerns related to the expected life of specific property, equipment or facilities should be referred to KCHA and KCHA will make the final determination regarding all such issues. 2. MaintenanCe Roles and Responsibilities for Damages. A. Agency Roles and Responsibilities for Damages: (1) The Agency agrees to maintain the facilities in a manner that does not create any health and/or safety hazards for residents, users of the facility, or the surrounding community. The Agency shall operate the facilities it uses in a reasonably energy conservative manner and shall maintain the facilities in an orderly and clean condition at all times. The Agency shall be responsible for routine janitorial and/or cleaning activities to ensure the facilities remain in compliance with the standards described in 3. Compliance with Basic Conditions and Standards. (2) The Agency shall notify the appropriate KCHA office as soon as possible of any maintenance issues and needed repairs or replacements to the property, equipment and facilities to ensure that all such property, equipment and facilities can be maintained in proper working condition and flee of hazards and to ensure that the King County Houusing Authority and The City of Auburn Police Department Exhibit H - Roles and Responsibilities for Maintenance of Facilities Page 1 of 7 EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMENT facilities remain in compliance with the standards described in 3. Compliance with Basic Conditions and Standards. If such repairs or replacement are in keeping with ordinary and reasonable wear and tear, the Agency shall not be charged for such repairs or replacement. (3) The Agency shall be responsible for any and all damage to the facilities resulting from its activities beyond ordinary and reasonable wear and tear caused by acts of the Agency, its agents, subcontractors or invitees and shall be billed by KCHA for the costs of repairing such damages. The Agency agrees to pay or secure a mutually agreeable payment schedule within 30 days of the written receipt of the amount . owing. (4) The Agency acknowledges that the facilities are a part of a complex that may be occupied by other agencies and tenants. The Agency agrees to conform to rules and regulations that apply to all common areas (i.e., disposition of rotten food, excess boxes, crates, etc.), in conformity with local housing codes, KCHA policie~ and standard practices, and the Basic Conditions and Standards herein, including the observation of fire-safety precautions and the participation in an annual fire-safety training. B. KCHA Roles and Responsibilities for Damages: (1) The Housing Authority shall not perform routine janitorial and/or cleaning activities within the facilities, but shall perform other maintenance activities, needed repairs or replacements to the property, equipment and facilities, if notified by the Agency, to ensure that the facilities remain in compliance with the standards described in 3. Compliance with Basic Conditions and Standards~ If such repairs or replacement are in keeping with ordinary and reasonable wear and tear, the Agency shall not be charged for such repairs or replacement. KCHA shall repair damage beyond ordinary and reasonable wear and tear as may occur or make such repairs as are requested by the Agency provided that KCHA shall present the Agency with an itemized bill for such repairs for which KCHA believes the Agency to be responsible. Such bills shall reflect the costs actually incurred by KCHA, including overhead expenses. O) KCHA agrees to maintain and repair the roof, outside walls, floors and structural part of said facilities, provided that any damag.e to the roof, outside walls, floors and structure caused by acts of the Agency, its agents, subcontractors or invitees, shall be repaired by KCHA and billed to the Agency. (4) KCHA shall be responsible for pest (e.g., rodents or insects) control provided that the Agency prepares the facilities for actions required for such control. This King County Houusing Authority and The City of Auburn Police Department Exhibit H - Roles and Respons~ilities for Maintenance of Facilities Page 2 of 7 (5) (6) EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMENT 'responsibility shall not obligate KCHA to additional pest control expenses beyond normal KCHA levels if pest control problems are caused by a general lack of cleanliness and inappropriate, storage of food by the Agency. KCHA shall maintain the surrounding grounds and parking lot. In the event the facilities are damaged to such an extent as to render them uninhabitable in whole or in part and KCHA elects to repair or rebuild, the work shall be prosecuted without unnecessary delay. If after a reasonable time KCHA fails to proceed to repair or rebuild, the Agency shall have the right to declare this Contract terminated by written notice served on KCHA. In the event the building, in which the facilities are located, shall be destroyed or damaged to such extent, that in the opinion of KCHA it shall not be practical'to repair or rebuild, it shall be optional with KCHA to terminate this Contract by written notice to Agency within twenty days after such damage or destruction. 3. Compliance with Basic Conditions and Standards. A. The Agency's Roles in Ensuring Compliance with Basic Conditions and Standards: (1) The Agency shall be responsible for routine janitorial and/or cleaning activities to ensure the facilities remain in compliance with the Basic Conditions and Standards. (2) The Agency shall notify the appropriate KCHA office as soon as possible of any maintenance issues and needed repairs or replacements to the property, equipment and facilities to ensure that all such property, equipment and facilities can be maintained in proper working condition and free of hazards and to ensure that the facilities remain in compliance with the Basic Conditions and Standards. B. KCHA's Roles in Ensuring Compliance with Basic Conditions and Standards: (1) The Housing Authority shall not perform routine janitorial and/or cleaning activities within the facilities, but shall perform other maintenance activities, needed repairs or replacements to the property, equipment and facilities, if notified by the Agency, to ensure that the facilities remain in compliance with the Basic Conditions and Standards. C. Basic Conditions and Standards: (1) Structure: KCH.,4: Shall be sound and free of dry rot or other structural deficiencies. King County Houusing Authority and The City of Auburn Police Department Exhibit H - Roles and Responsibilities for Maintenance of Facilities Page 3 of 7 EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMEN~ '(2) Walls: Agency: Shall be clean, free of dirt, grease, holes, cobwebs, and fingerprints. (3) Floors and Carpet: Agency: Shall be clean, clear, dry and free of hazards. (4) Ceilings: Agency: Shall be clean and free of cobwebs and hazards. (5) Woodwork: Agency: Shall be clean, free of cuts, gouges, or scratches. (6) Plumbing: :. Agency: Shall be flee of materials which might cause clogs or drainage problems. Commercial drain cleaners shall not be used within the facility. KCHA: Shall be in proper working condition and free of leaks, clogs and dra!nage problems. (7) Heating Units and Furnace (as applicable): Agency: Shall be dusted and access should be uncluttered. Items, especially combustibles, shall not be stored in the proximity of heating units and/or furnaces in such a way as to create a fire hazard. KCHA: Shall be in proper working condition. Cleaning and replacement of furnace filters, if applicable, every six months. (8) Fire Alarm/Safety Systems (i.e. smoke alarms, etc.): Agency: Shall ensure that all fire and life safety systems are in proper working condition and shall ensure that facility users do not dismantle or interfere with any fire or life safety systems. Shall replace batteries as needed and shall notify KCHA immediately of b. ny problems, hazards and maintenance or repair needs in relation to all fire and life safety systems. KCHA: Shall be in proper working condition and batteries shall be replaced as necessary. Inspections shall be completed at least twice yearly. (9) Lighting: Agency: Lights bulbs shall be replaced as needed. KCHA: Shall be in proper working condition. (10) Windows: Agency: Shall be clean and window sills and frames shall be free of mold and mildew. Windows shall be intact and not nailed shut. Shades or blinds shall be intact. KCHA: Proper locking devices shall be installed and in proper working condition. Windows shall be intact and not nailed shut King County Hounsing Authority and The City of Auburn Police Department Exhibit H- Roles and Responsibilities for Maintenance of Facilities Page 4 of 7 EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMEN~i' (11) Doors: Agency: Shall be clean, free of grease and fingerprints. Doorstops shall be present. KCHA: Exterior doors shall have properly working locks, shall be in proper working condition and be weather-fight. (12) Sinks: Agency: Shall be clean, free of grease and garbage, and free of hazards. Dirty dishes shall be washed and put away daily. Commercial drain cleaners shall not be used within the facility. KCHA: Shall be in proper working condition and free of leaks, clogs and drai.nage problems. Garbage disposals, if any, shall be in proper working condition. ~. (13) Toilet and Tank: Agency: Shall be kept clean and odor free. Commercial drain cleaners shall not be used within the facility. KCHA: Shall be in proper working condition and free of leaks, clogs and drainage problems. (14) Tubs and Showers: Agency: Shall be clean and free of excessive mildew and mold. Where applicable, shower curtains shall be in place and of adequate length to ensure water is not spilled from shower. Commercial drain cleaners shall not be used within the facility. KCHA: Shall be in proper working condition and free of leaks, clogs and drainage problems. (15) Stove/Oven: Agency: Shall be clean and free of food and grease. KCHA: Shall be in proper working condition. (16) Refrigerator: Agency: Shall be clean. Freezer door shall close properly and freezer shall have no more than one inch (1") of ice build-up. KCHA: Shall be in proper working condition. (17) Exhaust Fans: Agency: Shall be free of dust and grease. KCHA: Shall be in proper working condition. (18) Food Storage Areas: Agency: Shall be neat and clean without spilled food. (19) Cabinets: Agency: Shall be clean and neat. Cabinet surfaces and countertop shall be free of grease and spilled food. Cabinets shall not be overloaded. Storage under sink shall King County Houusing Authority and The City of Aubum Police Department Exhibit H ' Roles and Respons~ilities for Maintenance of Facilities Page 5 of 7 EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMENT be limited to small or lightweight items to Permit access for repairs. Heavy pots and pans shall not be stored under the sink. Countertops shall be clean and free of gouges, scratches and other damage. (20) Closets and Other Storage Areas: Agency.'. Shall be neat and clean. Areas shall be fi-ee of safety hazards. Items shall not be stored in or around the hot water heater and furnace. Sufficient access to water and heating equipment shall be maintained to allow for necessary repairs and maintenance. Flammable items shall not be stored within the dwelling unit, on patios, carports or storage units. (21) Trash and Garbage: Agency: Shall be disposed of properly and not left in the unit. Shall be stol'ed in a covered container until removed to the exterior disposal area. (22) Rodent and Insect Infestation: Agency: 'Facilities shall be clean, food shall be stored appropriately and trasti and garbage shall be removed promptly. Shall prepare the facilities for actions required for rodent and insect control. Facilities shall be free of rodent or insect infestation. KCHA: Shall be responsible for appropriate rodent or insect control actions. Facilities shall be free of rodent or insect infestation. Improvements and Alterations to Facilities. Any improvements, alterations or remodeling to or upon the facilities shall be made at the sole expense of the Agency, but only after obtaining the prior written consent of KCHA. Such statement of consent shall not be unreasonably withheld, but may include such appropriate conditions as KCHA may require. The Agency agrees to accept the decision of KCHA in determining which alterations must be restOred to their original condition upon termination of occupancy and to pay the cost of such restoration of alterations, provided such determination shall be explicitly stated in KCHA's consent for such alterations. Fixtures. All fixtures attached to the facilities solely by the Agency may be removed by the Agency at any time provided: (1) That the Agency shall restore the facilities to their condition prior to the installation of the fixtures, normal wear and tear excepted; (2) The Agency shall not then be in default; and O) That the removal will be made on or before the expiration of the. term or any extension thereof. King County Hounsing Authority and The City of Auburn Police Department Exhibit H- Roles and Responsibilities for Maintenance of Facilities Page 6 of 7 EXHIBIT H - ROLES AND RESPONSIBILITIES FOR MAINTENANCE OF FACILITIES CITY OF AUBURN POLICE DEPARTMENT B. Signs. All signs placed by the Agency on or about the facilities shall be subject to KCHA's prior written approval. 5. Inspections. A. The Agency agrees to cooperate with KCHA to ensure completion of routine inspection of systems, including but not limited to smoke alarms, life safety systems and heating/furnace equipment. KCHA's agents may enter the facilities covered by this Contract at reasonable times and intervals to make such inspections as KCHA shall consider necessary, to effect'any improvements or repairs considered appropriate, to identify unsafe conditions:' and to ascertain compliance with the Basic Conditions and Standards herein. Except in cases of emergency, KCHA shall consult With Agency and, insofar as possible, make such inspections and repairs at mutually convenient times. KCHA shall have the fight of inspection upon written two (2) days notice for the semi-annual building inspections and repairs as requested by the Agency. KCHA reserves the right to repair and bill the Agency for actual costs of repairs caused by the action or inaction of the Agency, its agents, subcontractors or invitees. King County Houusing Authority and The City of Auburn Police Department Exhibit H - Roles and Responsibilities for Maintenance of Facilities Page 7 of 7 EXItlBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY OVERVIEW OF POLICY A. Introduction. .The community buildings, community rooms and other public spaces (individually and ~ collectively "Community Facility or Facilities") provided by the King County Housing Authority ("KCHA") within its developments are intended primarily for uses which serve the interests and promote the general welfare of residents of those developments. These Community Facilities are not for rent on a commercial basis nor will their use be. permitted for activities which solely provide individual, personal financial gain or which solely serve commercial purposes. B. Intent. The intention of this Facility Use Policy is: 1. To encourage the use of these Community Facilities for purposes which provide social, edUcational, recreational or other general welfare benefits to KCHA residents and the larger community. 2. To provide guidance regarding appropriate uses of these Community Facilities by individuals and organizations. 3. To outline KCHA's expectations regarding the responsibilities of individuals or organizations who seek to use these Community Facilities. C. Sponsors. This policy recognizes four (4) primary potential categories of individuals and organizations (individually and collectively "Sponsors") seeking to utilize these Community Facilities: Individual residents or informal groups of residents seeking to utilize Community Facilities for events or activities, such as family parties, resident social events, workshops or meetings featuring speakers invited by residents or Resident Councils or other formal resident organizations seeking to utilize Community Facilities for events or activities, such as those described above, or for regular, on-going programming or · Non-profit service agencies or governmental organizations seeking to utilize Community Facilities to provide programming which targets and benefits resident populations or Individuals, including residents, or for-profit organizations seeking to realize commercial gain through the utilization of the Community Facilities to provide programming which targets and benefits resident populations. King County Houusing Authority and The City of Auburn Police Depa~h-aent Exhibit I - Facility Use Policy of the King County Housing Authority Page 1 of 8 Version: 8-10-00 EXHIBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY D. Facility Categories. Further, this policy recognizes that KCHA properties include diverse public or common spaces which are not always adequately addressed by one common set of policies or procedures for this use. For the purposes of this Facility Use Policy, KCHA's Community Facilities shall be 'defined, generally, in two separate categories: Unlocked, Regularly Available Facilities, which are usually contiguous with residential living spaces and/or which are typically left unlocked, open and accessible to residents, even when not in use. Regularly Locked Facilities, many of which typically stand separate from residential living spaces, which are typically left locked and are accessible only by key except x~hen ' in use. This category includes residential units that have been taken "off-line" to provide space for programs or services to benefit resident populations. This Facility Use Policy shall explicitly identify and discuss policies which differ for each type of Community Facility or which apply only to one type of Community Facility. Further, this Facility Use Policy shall provide an overview of policies which govern the potential use by different categories of individuals, groups and organizations and shall also discuss policies which differ depending upon the type of Sponsor or which apply only to one type of Sponsor. PROVISIONS OF POLICY Lease Agreements: KCHA may choose, at its sole discretion, to execute formal Lease Agreements with Resident Councils, non-profit service agencies, and governmental agencies, granting such organizations the right to use a Community Facility, or a portion thereof, according to the terms of the Lease Agreement. In such instances where the terms of the Lease Agreement differ fi'om the policies which govern the' use of Community Facilities by Sponsors, the terms of the Lease Agreement shall take precedent. Any sub-leases or other agreements initiated by the Lease-holding agency regarding the utilization of the leased space shall comply with the terms of KCHA's Lease Agreement. Hours of Availability: The Sponsors' use of the Community Facility shall fall between the hours of 8:00 AM and 10:00 PM, unless previously arranged and approved by KCHA staff authorized to do so or by authorized staff from the Lease-holding agency (if any). During all hours of availability, Sponsors shall ensure that their use of the Community Facility does not result in any criminal activity or any unreasonable disruption of the ability of residents to peacefully enjoy their living environments, and shall comply with any applicable local regulations regarding noise. King County Houusing Authority and The City of Auburn Police Department Exhibit I - Facility Use Policy of the King County Housing Authority Page 2 of 8 Version: 8-10-00 EXHIBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Availability, Scheduling, Keys and Deposits: Prior to scheduling a one-time event or on-going programming, Sponsors shall confirm that their plans do not conflict with any previously · scheduled events or programming. If uncertain of how to confirm availability, potential · Sponsors shall consult with staff of thc appropriate KCHA Area Office Or an appropriate KCHA Resident Services staff person. Any questions or disputes regarding availability within the schedule shall be referred to appropriate KCHA staff for resolution. The Housing Authority reserves the right to approve or not approve the use of Community Facilities for the proposed purposes and to determine the priority am6ng potential users. For example, KCHA will give priority to the use of Community Facilities as polling places for local, state, and federal elections. Resident Sponsors: Requirements for residents to schedule a Community Facility...for~ use necessarily varies depending upon the nature of the Community Facility: Unlocked, Regularly Available Facilities: In some such Community Facilities, a calendar of scheduled events may be posted and is sufficient for residents and re§ident organizations to schedule a one-time or occasional event or activity. For other such Community Facilities, resident Sponsors may need to consult with appropriate KCHA staff to schedule a one-time or occasional event or activity. Resident Sponsors seeking to schedule regular, on-going programming within any regularly unlocked Community Facility shall consult with appropriate KCHA staff prior to initiating such programming. Any questions or disputes regarding availability within the schedule shall be referred to appropriate KCHA staff for resolution. Individual residents, informal groups of residents, Resident Councils and other formal resident organizations are allowed to utilize unlocked, regularly available Community Facilities, such as community rooms or community libraries, on an informal, unscheduled basis so long as such use does not disrupt any previously scheduled use of that space and such residents recognize the priority given to scheduled, planned uses of that Community Facility. Regularly Locked Facilities: For such Community Facilities, all potential resident Sponsors shall consult either with appropriate KCHA staff or with appropriate staff from the Lease-holding agency (if any) to determine the availability of the Community Facility. To formally request and schedule such a Community Facility, the resident Sponsor shall complete and submit a Request for Use of Community Space form. KCHA or the Lease- holding agency will review the request, confirm the availability and issue any necessary keys. The resident Sponsor is forbidden from making, or having made keys, and any keys issued shall be marked "Do Not Copy or Duplicate." Approval for use by a' Lease- holding agency shall be subject to the terms and conditions of the Lease. King County Houusing Authority and The City of Auburn Police Department Exhibit I - Facility Use Policy of the King County Homing Authority Page 3 of 8 Version: 8-10-00 EXHIBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY KCHA and/or the Lease-holding agency shall request refundable deposits of $25.00 from resident Sponsors requesting to utilize such a Community Facility but shall return the deposit upon Satisfactory return of any keys issued and following a timely inspection which confirms the Sponsor appropriately cleaned the Community Facility and did not cause any damage beyond normal wear and. tear. Resident Sponsors will also be held responsible, and shall promptly reimburse KCHA, for costs associated with replacement of keys, cleaning or repair of damages in excess of the deposit. Non-Resident Sponsors: Non-resident Sponsors shall always consult with appropriate KCHA staff or with appropriate staff from the Lease-holding agency to schedule the use of any Community Facility for any purpose and will be held to the same standards of accountability as resident Sponsors, as described above. Supplies and Equipment: All resident Sponsors will be provided with equitable access to any supplies or equipment which are provided within a Community Facility and will be expected to treat and utilize such supplies and equipment with care. Non-resident sponsors may be required to provide their own supplies and equipment, subject to the discretion of KCHA. Cleaning Facility and Responsibility for Damages: Sponsors accept full responsibility for cleaning the Community Facility upon completion of their use and shall retum the Community Facility to its previous condition, including, but not limited to: · Immediately notifying KCHA of any damages or needed repairs, either noticed or caused by the Sponsor. · Picking or cleaning up and disposing of all debris, trash and garbage. · Washing any dishes, silverware or other supplies utilized and returning to original location. · Returning tables and chairs to original set-up pattern. · Turning off lights, heat, water faucets and appliances, unless otherwise instructed. · Closing and securing all exterior doors and windows unless otherwise instructed. · Returning all keys as instructed. · Promptly reimbUrSing KCHA for costs associated with the replacement of keys, cleaning or repair of damages in excess of the $25.00 refundable deposit. Expectations regarding cleaning and damages for Community Facilities leased to another agency shall be described and governed by the terms of the Lease Agreement. For regularly locked Community Facilities, not leased to another provider, KCHA staff may inspect the Community Facility after the scheduled use. Regardless of type of the Community Facility, Sponsors will be charged for additional cleaning costs resulting from their use of the Community King County Houusing Authority and The City of Auburn Police Department Exhibit I - Facility Use Policy of the King County Homing Authority Page 4 of 8 Version: 8-10-00 EXHIBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Facility, and will also be held responsible for costs associated with any damage to the Community Facility or equipment resulting from their use of the Community Facility. Commercial Use of Community Facilities: KCHA's Community Facilities are not intended for commercial uses by individuals or organizations and cannot serve as thc base of operations for any commercial enterprises. Individuals or for-profit organizations may be allowed to sponsor events or provide services within Community Facilities which will provide the individual or organization with commercial gain, subject to the following considerations: · The individual or organization proposes to provide necessary services or products which benefit KCHA residents but which are not readily accessible, or are not as easily affordable, within the surrounding community. · The individual or organization proposes to donate a portion of profits generated to a Resident Council or other formal resident organization. · The individual or organization proposes to utilize a portion of profits generated to purchase and donate an item of direct benefit to the resident population, subject to the approval of KCHA. · The individual or organization has been invited and/or sponsored by a resident or resident(s) in order to provide a presentation regarding services or products they wish to make available to residents. Letters of Agreement and Insurance Coverage: Regular, on-going use of a Community Facility may require the implementation of a formal Letter of Agreement between KCHA and the Sponsor, as described below: Resident Councils or other formal resident organizations: Resident Councils or other formal resident organizations who wish to sponsor or coordinate on-going programming within an unlocked, regularly available Community Facility may be required to execute a formal Letter of Agreement with the Housing Authority governing that use of the Community Facility. The terms of the Letter of Agreement may include a requirement that the resident organization provide proof of adequate insurance coverage and an endorsement naming KCHA as an additional insured on all appropriate insurance policies, .among other provisions. Non-profit service or governmental agencies: Non-profit service or governmental agencies who wish to sponsor or coordinate on-going programming within an unlocked, regularly available Community Facility shall be required to execute a formal Letter of Agreement with KCHA governing that use of the Community Facility. The terms of the Letter of Agreement shall include a requirement that the service agency provide proof of adequate insurance coverage and an endorsement naming KCHA as an additional insured on all appropriate insurance policies, among other provisions. King County Houusing Authority and The City of Auburn Police Depathnent Exhibit I - Facility Use Policy of the King County Homing Authority Page 5 of 8 Version: 8-10-00 EXHIBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Non-resident individuals and organizations: Non-resident individuals and organizations who wish to sponsor or coordinate on-going programming within any available Community Facility shall be required to execute a formal Letter of Agreement with the Housing Authority governing that use of the Community Facility. The terms of the Letter of Agreement shall include a requirement that the service agency provide proof of adequate insurance coverage and an endorsement naming KCHA as an additional insured on all appropriate insurance policies, among other provisions. No exceptions to the insurance requirements shall be made for any for-profit organizations. Use of a Community Facility for an individual who is unable to comply with the insurance requirements and may be approved under the following circumstanceS, subject to the sole discretion of KCHA: · The individual proposes to provide a service of direct benefit to residents, as described above; and, · The individual agrees to indemnification require&ents determined by KCHA. Liability and Indemnification: Resident Sponsors seeking to utilize regularly locked Community Facilities shall, through the Request for Use of Community Space form acknowledge their sole responsibility for any liability resulting from the use of the Community Facility and shall agree to indemnify, defend, and hold KCHA, its representatives, employees, agents, and assigns harmless from any such liability. Non-resident Sponsors seeking to utilize any KCHA Community Facilities on a regular and on-going basis shall be required to execute a Letter of Agreement or Lease Agreement which shall specify the liability and indemnification requirements. Fees for Services: Any fees collected for services coordinated by a Resident Council, other formal resident organization, non-profit service agency or governmental organization shall be directly related to the cost of providing such services. Fundraising Activities: Resident organizations may, with prior approval of appropriate KCHA staff, utilize Community Facilities for fundraising activities so long as all funds raised through the designated fundraising aspects of the activity are provided to the resident organization, not to any individuals. The utilization of such funds shall be subject to the resident organizations' policies and procedures for making such decisions.' Non-profit service agencies shall not regularly utilize KCHA's Community Facilities for fundraising activities. Exceptions to this policy shah be considered on a case-by-case basis and may require the approval of KCHA's Executive Director. Exceptions to this restriction may King County Houusing Authority and The City of Auburn Police Department Exhibit I - Facility Use Policy of the King County Housing Authority Page 6 of 8 Version: 8-10-00 EXH~IT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY require that all funds raised benefit service programs which directly target and serve KCHA residents. All such fundraising activities shall comply with all appropriate legal regulations and restrictions and may not violate any established standards for use of the Community Facility. Alcohol: The sale or use of alcoholic beverages is forbidden within any of KCHA's Community Facilities. Smoking: Smoking is prohibited within any of KCHA's interior Community Facilities. Conduct of Participants and Adult Supervision: Sponsors are responsible for the conduct and actions of all participants involved during their scheduled use of a Community Facility and shall provide adequate adult supervision to all minor participants. Further, Sponsors shall ensure that participants who do not live within the development do not utilize parking reserved for residents only. Illegal Activities: KCHA has zero tolerance for any illegal or criminal activity, including illegal drug-related activity, within its developments and in and around its Community Facilities, and shall pursue all appropriate legal recourse in response to such activity, including termination of the tenancy of residents' involved in such activity. Violations of Residential Leases: The behavior and conduct of resident Sponsors, resident participants, and residents' guest participants in events or activities in Community Facilities are subject to the requirements of residents' lease agreements. Violations of the policies governing the use of Community Facilities, including unreasonable damage to a Community Facility, um'easonable disruption to other residents' peaceful enjoyment of their living environment, or illegal activity, may result in the termination of the tenancy of involved residents. Members of Resident Councils or other formal resident organizations shall be subject to the same standards of conduct and same potential sanctions as all other residents, as described above. Use of Facilities for 'Religious Events or Activities: Religious organizations and residents seeking to utilize KCHA's Community Facilities for activities which feature a religious focus or religious expression, such as bible study groups, shall be accorded access to Community Facilities on the same terms as other organizations or residents and shall be held to the same restrictions and requirements governing the use of those Community Facilities. Such religious King County Houusing Authority and The City of Auburn Police Department Exhibit I - Facility Use Policy of the King County Housing Authority Page 7 of 8 Version: 8-10-00 EXHIBIT I - FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY use of KCHA's Community Facilities will be evaluated to ensure that the use is not so intensive as to constitute an excessive entanglement of KCHA in religious matters which may violate the Establishment Clauses of the United States Constitution or the Washington State Constitution. Religious use which may constitute such an excessive entanglement may include, but not be · limited to, regularly scheduled religious services sponsored by a particular religious organization · or the use of KCHA' Community Facilities as a base of operations for a particular religious organization. Agency Meetings: Non-profit service agencies and governmental organizations may occasionally schedule and utilize KCHA Community Facilities for meetings for agency, personnel, board members, volunteers or other representatives as long as such meetings do not interfere with previously scheduled uses, prevent residents from receiving adequate oppommities to utilize the Community Facility, or excessively interfere with other service providers ability to utilize the Community Facility for programming of direct benefit to KCHA residents. Distribution of Flyers and Recruitment: In general, distribution of flyers or other promotional materials regarding the Sponsor's use of the Community Facility shall be the responsibility of the Sponsor, unless otherwise arranged. Flyers or promotional materials that utilize KCHA's name and/or logo shall be approved by appropriate KCHA staffprior to distribution. King County Houusing Authority and The City o£Aubum Police Department Exhibit I - Facility Use Policy of the King County Homing Authority Page 8 of 8 Version: 8-10-00