HomeMy WebLinkAbout5540ORDINANCE NO. 5 5 4 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF FUNDS AS
PROVIDED IN THE CONTRACT FOR SOCIAL SERVICES BETWEEN THE
CITY AND THE HOUSING AUTHORITY OF THE COUNTY OF KING FOR
THE PERIOD COMMENCING DECEMBER 1, 2000 AND ENDING
NOVEMBER 30. 2001.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and
WHEREAS, the King County Housing Authority has determined a need
exists for certain social services to be performed for its residents but does not
have the manpower or expertise to perform such services; and
WHEREAS, the Housing Authority desires to have the City of Auburn
perform such services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are
authorized to execute Contract for Community Policing Services Contract No.
630-2001-0001 between the City and the Housing Authority of the County of
King pursuant to which the Housing Authority will provide grant funding to the
City of Auburn Police Department to provide a full time officer to be assigned to
Green River Homes, Burndale Homes and Firwood Circle. A copy of said
Contract is attached hereto as Exhibit "l " and is incorporated herein.
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Ordinance No. 5540
April 24, 2001
Page 1
Section 2. Pursuant to Chapter 35A.33 RCW, the City Council hereby
approves the expenditure and appropriation of a maximum total amount of
FIFTY EIGHT THOUSAND DOLLARS ($58,000.00) which constitutes funding
as authorized in the Contract for Social Services between the City of Auburn
and the Housing Authority of the County of King for the period commencing
December 1, 2000 and ending November 30, 2001.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: May 7. 2001
PASSED: May 7. 2001
APPROVED: May 7, 2001
g," r�.�od+�
CHARLES A. BOOTH
MAYOR
----------------------
Ordinance No. 5540
April 24, 2001
Page 2
ATTEST:
/CQ CC
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published: �—// —6
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Ordinance No 5540
April 24, 2001
Page 3
Contract Number: 630 - 2001 - 0001
12t 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 County Housing Authority, 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 prevention to
create a safer community in and around it's 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.
C. "HUD" means the Secretary of Housing and Urban Development, its delegates,
successors, and assigns, and the officers and employees of the United States
Department of Housing and Urban Development acting for and on behalf of the
Secretary_
D. "Contract" means the contract entered into between KCHA and the Agency. It
includes the contract form, the Certifications and Representations, these contract
clauses, and the scope of work. It includes all formal changes to any of those
documents by addendum, amendment, change order, or other modification.
E. "Contracting Officer" means the person delegated the authority by KCHA to
administer and/or terminate this Contract and designated as such in writing to the
Agency. The term includes any successor Contracting Officer and any duly
authorized representative of the Contracting Officer also designated in writing.
Ordinance 5540
Exhibit "1"
2. Contract Documents. The clauses set forth in the Contract Documents are hereby
incorporated into and made part of the Contract. The Agency acknowledges receipt and
review of all Contract Documents applicable to the performance of services and to the
premises. The Contract shall consist of the following component parts:
(1) This Instrument;
(2) Form HUD -5370-C (5/92) -- General Contract Conditions Non -Construction
(3) Exhibits, as listed;
Exhibit A
Scope of Work
Exhibit B
Project Budget and Invoice Schedule
Exhibit C
Reporting Requirements
Exhibit D
Invoice Format
Exhibit E
Quarterly Resident Contact Report
Exhibit F
Quarterly Narrative Reports Format
Exhibit G
Insurance Requirements
Exhibit H
Roles and Responsibilities for Maintenance of
Facilities
Exhibit I
Facility Use Policy of the King County Housing
Authority
(4) Any modifications duly delivered after execution of this Contract (see Section
6, Contract Modifications).
3. Terms of the Contract.
A. Duration of Contract: The Contract shall be in full force and effect for a period
commencing December 1, 2000 through November 30, 2001, unless sooner
terminated, pursuant to Form HUD -5370-C (5/92), incorporated 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 twenty-four (24) months, through
written amendments, change orders or other modifications to this Contract.
B. Scope of Services to be Performed by the Agency: The Agency shall perform those
services and reporting activities as described in Exhibit A and Exhibit C attached
hereto and incorporated herein. The Agency shall furnish all equipment and supplies
reasonably necessary to carry out the purpose of this Contract and shall provide the
necessary funding, personnel, supervision and programs to realize the intended
purpose of the Contract. No activities other than those necessary for, reasonably
related to, and associated with the purpose of this Contract shall be carried out under
this Contract.
King County Housing Authority and
the City Auburn Police Department
Contract for Services
Page 2 of 7
C. Compensation and Method of Payment: KCHA shall pay the Agency for services
rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein.
D. 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.
E. General Contract Conditions: Both KCHA and the Agency shall comply with all
terms and conditions identified within Form HUD -5370-C (5/92) — General Contract
Conditions (Non -Construction).
F. 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.
F. 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 drafted in compliance with the Facility Use Policy of the King
County Housing Authority (Exhibit I).
4. Assienment 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.
5. 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 Serviccs
Page 3 of 7
A. "Subcontract' means any contract, purchase order, or other purchase agreement,
including modifications and change orders to the foregoing, entered into with a
subcontractor to furnish supplies, materials, equipment, and services for the
performance of the prime Contract or a subcontract.
B. "Subcontractor" means any supplier, vendor, or firm that furnishes supplies,
materials, equipment, or services to or for the Agency or another subcontractor.
C. The Agency shall not enter into any subcontract with any subcontractor who has been
temporarily denied participation in a HUD program or who has been suspended or
debarred from participating in contracting programs by any agency of the United
States Government or of the State of Washington.
D. The Agency shall be as fully responsible for the acts or omissions of its
subcontractors, and of persons either directly or indirectly employed by them as for
the acts or omissions of persons directly employed by the Agency.
E. The Agency shall insert appropriate clauses in all subcontracts to bind subcontractors
to the terms and conditions of this contract insofar as they are applicable to the work
of subcontractors.
F. Nothing contained in this Contract shall create any contractual relationship between
any subcontractor and KCHA or between the subcontractor and HUD.
6. Contract Modifications.
A. Only the Contracting Officer has authority to modify any term or condition of this
contract. Any contract modification shall be authorized in writing and approved by
the Executive Director of KCHA, or his designee, and the authorized agent of the
Agency.
B. The Contracting Officer may modify the contract unilaterally - (1) pursuant to a
specific authorization stated in this Contract; or (2) for administrative matters which
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.
7. Waiver and Severability.
B. The failure or delay of either party to insist on performance of any provision of the
Contract, or to exercise any right or remedy available under the Contract, shall not
King County Housing Authority and
the City Auburn Police Department
Contract for Services
Page 4 of 7
be construed as a waiver of that provision, right, or remedy in any later instance.
Waiver or breach of any provision of the Contract shall not be construed to be a
waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Contract, unless the Contract is modified pursuant
to Section 6, Contract Modifications, herein.
C. 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:
A. Control of personnel, standards of performance, discipline, and all other aspects of
performance shall be governed entirely by the Agency;
B. All persons rendering service hereunder shall be for all purposes employees of the
Agency;
C. 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
negligent acts or emissions of the Agency, its officers, employees or agents. The
Agency agrees that the obligation to indemnify, defend and hold harmless KCHA
and its agents and employees under this provision extends to any claim, demand or
cause of action brought by or on behalf of any employee of the Agency, against
KCHA, its officers, agents or employees and includes any judgment, award, and
cost arising therefrom, including attorney fees.
D. KCHA will protect, defend, indemnify, and save harmless the Agency, its officers,
employees, and agents from any and all costs, claims, judgments, or awards of
damages, arising out of or in any way resulting from the negligent acts or emissions
of KCHA, its officers, employees, or agents. KCHA agrees that its obligations
under this provision extend to any claim, demand or cause of action brought by or
on behalf of any employees of KCHA, against the Agency, and includes any
judgment, award, and cost arising therefrom including attorneys fees.
9. Insurance.
A. The Agency agrees to comply with the insurance requirements described in Exhibit H
- Insurance Requirements.
King County Housing Authority and
the City Auburn Police Department
Contract for Services
Page 5 of 7
B. The Agency hereby certifies that the Agency and each subcontractor has, and shall
maintain for the duration of this Agreement, Workers' Compensation insurance in
accordance with Washington Workers' Compensation laws.
C. KCHA acknowledges, accepts, and agrees that the Agency is a member of the
Washington Cities Insurance Authority (WCIA), a self-funded pool that provides
liability protection for numerous municipalities in the State of Washington. The
Agency's continued membership in WCIA shall constitute full satisfaction of the
insurance requirements of subparagraphs A and B above. The Agency shall deliver a
synopsis of coverage by WCIA to KCHA before execution of this Contract.
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 execution of
the Contract and shall make copies of the client grievance procedure available to clients,
if requested.
11. Integration and Mercer. 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
Charles A. Booth
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
JSRVG AUTHORITY
BY: t
Stephen i orman
ExecutiY Director
600 Andover Park West
Seattle, WA 98188
DATE: 012,rr10
CITY OF AUBURN
POLICE DEPARTMENT
BY: l Yti0-'t.Qs A , la e
Charles A. Booth
Mayor of the City of Auburn
25 West Main Street
Auburn, WA 98001
DATE: Oki. OS''o/
PROVED AS TO FORM:
A
Michael . Reynolds,
City Attorney
City of Auburn
King County Housing Authority and
the City Auburn Police Department
Contract for Services
Page 7 of 7
EXHIBIT A - SCOPE OF WORK
THE CITY OF AUBURN POLICE DEPARTMENT
OVERVIEW OF CONTRACT:
Contract Number: 630-2001-0001
Contract Period: December 1, 2000 to November 30, 2001
Total Contract Value: $58,000.00
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, drug
elimination services, employing the community policing concept, including the operation of a
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, Fir -wood Circle and Bumdale
Apartments, drug elimination services, employing the community policing concept 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
Description ol'Scrviccs
Levels
of Services / Qualifications
1. Community Policing
a
20 Residents minimum per month
Resident Contact (Walk-in's &Telephone)
2. Walking / Bicycle Patrols
a
10 Patrols per each site minimum per
month
3. Community Policing Contacts
a
100 people minimum per month
Green River Homes
a
25 people minimum per month
Firwood Circle
Burndale Homes
4. On -view Contacts / investigations
a
10 minimum per month
5. Self -initiated field Activities (prevention
a
10 minimum per month
/Mediation / intervention)
6. Enforcement Contacts / Patrol Assists
a
As they occur
Traffic Reports /Follow Ups etc.
7. Crime Prevention activities
a
On-going
Coordinate,train and support the activities of
a
At least I activity per quarter per site
on site recreation, social services programs,
serving a minimum of 15 residents
resident council and KCHA
8. Crime Prevention, Security and Safety
a
Provide Housing Staff - 1 program per
Education Programs
semester or work 1 on 1 with staff
9. Advise KCHA in the planning and
a
As requested
implementation of other security programs
10. Home Safety / Security Surveys for
residents at of Green River Homes, Firwood
a
1-2 per Quarter
Circle and Burndale Apartments
11. Childhood Safety / Crime Prevention
Program at of Green River Homes, Firwood
a
2 per Year per site
Circle and Burndale Apartments
12. Youth Prevention Activities at of Green
River Homes, Firwood Circle and Bumdale
a
1 per Quarter per site
Apartments.
King County Housing 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
. 1 per Quarter per site
prevention activities at of Green River Homes,
Firwood Circle and Bumdale Apartments
14. Coordination and Communication:
. On-going
Attend Resident Council Meetings and
maintain communication lines with resident
leaders
15. The Agency will coordinate support efforts
• As needed
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
• Submit quarterly with invoices to the
reports and data information to the South Area
South Area Property Manager
Property Manager
17. Report to Housing Management all police
• As needed
concerns, incidents of drugs and drug related
crime occurrences, and non -emergency
criminal activities in the communities.
Coordinate crime reduction efforts.
18. Respond to Housing Management written
e As requested
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
e On-going
calendar of officer's monthly schedules
20. Attend all Team meetings to plan,
• On-going
coordinate and schedule programs, problem -
solve, and maintain project communication.
King County Housing Authority and
The City of Auburn Police Department
Exhibit A — Scope of Work
Page 3 of 3
EXHIBIT B - PROJECT BUDGET AND INVOICE SCHEDULE
THE CITY OF AUBURN POLICE DEPARTMENT
PROJECT BUDGET:
Service Activity:
Amount Allocated:
Law Enforcement: Drug Elimination and Community
Policing services
$56,958.00
March 10, 2001
$14,500.00
DARE Supplies
$1,042.00
$14,500.00
3 Id Quarter (June 2001 — August 2001)
Total Contract Value:
$58,000.00
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 of this Contract for this Contract Period.
Contract i onth/ uarter
Invoice Due
Reimbursement Schedule
I" Quarter (Dec. 2000 - Feb. 2001)
March 10, 2001
$14,500.00
2"aQuarter (March 2001 -May 200 1)
June 10, 2001
$14,500.00
3 Id Quarter (June 2001 — August 2001)
September 10, 2001
$14,500.00
4`� Quarter (Sept. 2001 —Nov. 200 1)
December 10, 2001
$14,500.00
Total Contract Value:
$58,000.00
King County Housing 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.
Section 3 Certification Form: The Agency shall submit a Section 3 Certification Form to
KCHA semi-annually, beginning within ten (10) working days of execution of this Contract.
Information regarding Section 3 requirements is provided in Exhibit G and the Section 3
Certification Form is attached as Exhibit G-1.
Taxpaver Identification and Certification: The Agency shall submit to KCHA a completed
W-9 "Request for Taxpayer Identification and Certification" Form with the executed Contract.
Monitorine 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 Housing Authority and
The City of Auburn Police Department
Exhibit — Reporting Requirements
Page 1 of 1
EXHIBIT D — INVOICE FORMAT
THE CITY OF AUBURN POLICE DEPARTMENT
Contract Number:
Name and Address of Contractor:
The City of Auburn Police Department
25 West Main
Auburn, WA 98001
Contract Quarter:
❑ ls` Quarter ❑ 3`d Quarter
❑ 2nd Quarter ❑ 4`h Quarter
Amount Requested this Contract Quarter: $14,500.00
Total Amount of Contract Budget: $58,000.00
Reimbursement to Date:
Amount Requested this Contract Month:
Balance:
Invoice Prepared and Submitted By:
Name:
Title:
SIGNATURE:
Date:
Coding (To be completed by KCHA staff):
King County Housing Authority
and The City of Auburn Police Department
Exhibit D - Invoice Format
Page 1 of I
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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 Contract:
Service Activity: Auburn Police Department Community Policing
1. Highlights: Describe highlights of program activities and accomplishments.
2. 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.
3. 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
Report Due
I" Quarter (Dec. 2000 - Feb. 2001)
March 10, 2001
2"d Quarter (March 2001 -May 200 1)
June 10, 2001
3rd Quarter (June 2001 — August 2001)
September 10, 2001
4 Quarter (Sept. 2001 —Nov. 200 1)
December 10, 2001
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
5. 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 bome 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 providing
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:
(1) 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 unit 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 free 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 I of 8
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 policies 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.
(2) 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.
(3) KCHA agrees to maintain and repair the roof, outside walls, floors and structural part
of said facilities, provided that any damage 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 Responsibilities for Maintenance of Facilities
Page 2 of 8
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.
(5) KCHA shall maintain the surrounding grounds and parking lot.
(6) 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:
KCHA: 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 8
EXHIBIT H — ROLES AND RESPONSIBILITIES
FOR MAINTENANCE OF FACILITIES
CITY OF AUBURN POLICE DEPARTMENT
(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 free 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 drainage
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 any 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 Houusing Authority and
The City of Auburn Police Department
Exhibit H — Roles and Responsibilities for Maintenance of Facilities
Page 4 of 8
EXHIBIT H — ROLES AND RESPONSIBILITIES
FOR MAINTENANCE OF FACILITIES
CITY OF AUBURN POLICE DEPARTMENT
(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 -tight.
(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 drainage
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 (I") 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 Auburn Police Department
Exhibit H — Roles and Responsibilities for Maintenance of Facilities
Page 5 of 8
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 free 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 stored 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 trash 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.
4. 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.
A. 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
(3) That the removal will be made on or before the expiration of the term or any
extension thereof.
King County Houusing Authority and
The City of Auburn Police Department
Exhibit H — Roles and Responsibilities for Maintenance of Facilities
Page 6 of 8
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/fumace equipment.
B. 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 right 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 8
EXHIBIT 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 Department
Exhibit I — Facility Use Policy of the King County Housing Authority
Pagel 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:
1. 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.
2. 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 when
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 from 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 the 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 among 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 resident
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 Housing 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 return 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 Housing 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 the 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 Department
Exhibit I — Facility Use Policy of the King County Housing 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 requirements 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 fb; making such decisions.
Non-profit service agencies shall not regularly utilize KCHA's Community Facilities for
fundraising activities. Exceptions to this policy shall 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
EXHIBIT 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,
unreasonable 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-/0-00
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 opportunities
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 staff prior to distribution.
King County Houusing Authority and
The City of Auburn Police Department
Exhibit I — Facility Use Policy of the King County Housing Authority
Page 8 of 8
Version: 8-10-00
General Contract Conditions U.S. Department of Housing
Non -Construction and Urban Development
Office of Public and Indian Housing
OMB Approval No 2577-0180 (exp 4/30/96)
Public Reporting Burden for this collection of information is estimated to avwage 0.08 hours per response, Including the time for reviewing Instructions, searchingexisting
data sources, gathering and maintaining the data needed, and completing and ravlewing the collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, Inckxling suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies
and Systems, U. S. Department of Housing and Urban Development, Washington, D. 0. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction
Project (2577.0180), Washington, D.C. 20503. Do not send this completed form to either of these addressees.
1. Definitions
The following definitions are applicable to this contract:
(a) "Authority or Housing Authority (HA)" means the
Housing Authority.
(b) "Contract" means the contract entered Into between the Authority
and the 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 person 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 Unfted States Department of Housing and Urban
Development acting for and on behalf of the Secretary.
2. Changes
(a) The HA may at any time, by written order, and without notice tothe
sureties, lf any, make changes within the general scope of this contract
in the services to be performed or supplies to be delivered.
(b) If any such change causes an increase or decrease in the hourly
rate, the not -to -exceed amount of the contract, or the time required for,
performance of any part of the work underthis 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 not -to -
exceed amount, the hourly rate, the delivery schedule, or other
affected terms, and shall modify the contract accordingly.
(c) The Contractor must assert its right to an equitable adjustment
under this clause within 30 days from the date of receipt of the written
order. However, lf the HAdacidesthatthe facts justify it, the HAmay receive
and act upon a proposal submitted before final payment of the contract,
(d) Failure to agree 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 as changed.
(e) No services for which an additional cost or fee will be charged by
the Contractor shall be furnished without the prior written consent of
the HA.
3. Disputes
(a) All disputes arising under or relating to this contract, Including any
claims for damages for the alleged breach thereof which are not
disposed of by agreement, shall be resolved under this clause.
(b) All claims by the Contractor shall be made in writing and submitted
to the HA. A claim by the HA against the Contractor shall be subject
to a written 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 exception 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 offinalpayment, or 0 final
payment has not been 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 final 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 whole, or from time to time
in part, for the HA's convenience orthe failure of the Contractor to f ulfill
thecontract obligations (default). The HA shall terminate by delivering
tothe Contractor awritten Notice of Termination specifyingthe nature,
extent, and effective date of the termination. Upon receipt of 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 materials 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 for payment for services rendered before the sit active date
of the termination.
(c) If the termination is due to the failure of the Contractor to fulfill its
obligations under the contract (default), the HA may (1) require the
Contractor to deliver to it, in the manner and to the extent directed by
the HA, any work as described in subparagraph (a)(2) above, and
compensation be determined in accordance with the Changes clause;
(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-off or partial payment, as the
case may be, of amounts owed the HA by the Contractor.
(d) If, after termination for failure to fulfill contract obligations(default),
his determined that the Contractor had not failed, the termination shall
be deemed to have been effected for the convenience of the HA, and the
Contractorshallbe enthledtopaymentas describedin paragraph (b) above.
(e) Any disputes with regard to this clause are expressly made subject
to the terms of clause titled Disputes herein.
5. Assignment of Contract
The Contractor shall not assign or transf er any interest in this contract;
except that claims for monies due or to become due from the HA under
the contract may be assigned to a bank, trust company, or other
financial institution. If the Contractor is a partnership, this contract shall
inure to the benefit of the surviving or remaining member(s) of such
partnership approved by the HA.
Previous sditlon is obsolete page 1 of 5 form HUD -5370-C (SM)
6. Cert(fir:ate and Release
Prior to final payment under this contract, or prior to settlement upon
termination of this contract, and as a condition precedent thereto, the
Contractor shall execute and delivertothe HA a certificate and release,
In a form acceptable to the HA, of all claims against the HA by the
Contractor under andbyvirtue of this contract, otherthan such claims,
N 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 Comptroller General of the United States, or any
of their duly authorized representatives shall, until 3 years after final
payment underthis contract, have access to and the right to examine
any of the Contractor's directly pertinent books, documents, papers,
or other records involving transactions related to this contract for the
purpose of making audit, examination, excerpts, and transcriptions.
(b) The Contractor agrees to include in first-tier subcontracts under
this contract a clause substantially 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 exception shall continue until
disposition of such appeals, litigation, claims, or exceptions.
8. Organizational Conflicts of Interest
(a) The Contractor warrants thatto the best of its knowledge and belief
and except as otherwise disclosed, it does not have any organizational
conflict of interest which is defined as a situation in which the nature
of work underthis contract and a Contractors organizational, financial,
contractual or other Interests are such that:
(1) Award of the contract may result in an unfair competitive advan-
tage; or
(2) The Contractors objectivity in performing the contract work may
be Impaired.
(b) The Contractor agrees that d after award it discovers an organiza-
tional conflict of interest with respect to this contract or any task/
delivery order under the contract, he or she shall make an immediate
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, terminatethe contract ortask/delivery order for the conven-
lence 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 Off icer, the HA may terminate
the contract for default.
(d) The terms of this clause shall be included in all subcontracts and
consulting agreements wherein the work to be performed is similar to
the service provided by the prime Contractor. The Contractor shall
include in such subcontracts and consulting agreements any neces-
sary provisions to eliminate or neutralize conflicts of interest.
Q. Inspectlon and Acceptance
(a) The HAhas the right to review, require correction, it necessary, and
accept the work products produced by the Contractor. Suchreview(s)
shall be carried out within 30 days so as to not impede the work of the
Contractor. Any product of work shall be deemed accepted as
submitted it the HA does not issue written comments and/or required
corrections within 30 days f romthe 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 (Ownership and Proprietary Interest).
The HA shall have exclusive ownership of, all proprietary interest in,
and the right to full and exclusive possession of all information,
materials and documents discovered or produced by Contractor
pursuant to the terms of this Contract, Including but not limited to
reports, memoranda or letters concerning the research and reporting
tasks of this Contract.
it. 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 shall not be construed to extend to this contract made with
a corporation for its general benefit.
12. Interest of Members, Officers, or Employees and Former
Members, Officers,or Employees
No member, officer, or employee of the HA, no member of the
governing body of the locality 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 exercises any
functions or responsibilities with respect to the project, shall, during his
or her tenure, or for one year thereafter, have any interest, direct or
indirect, in this contract or the proceeds thereof.
13. Limitation on Payments to Influence Certain Federal —
Transactions
(a) Definitions. As used in this clause: --
"Agency", as defined in 5 U.S.C. 552(f), includes Federal execu•
live 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 following 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,ormodiication
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 -Determination and Education Assistance
Act (25 U.S.C. 4508). Alaskan Natives are included under the
definitions of Indian tribes in that Act.
I --
Previous edition 13 obsolete page 2 of 5 form HU04370-C (5W)
"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 of 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 governmental duty, including a local public authority,
a special district, an intrastate district, a council of governments, 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 are employed by an agency:
(1) An individual who is appointed to a position in the Government
under title S. U.S.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) Aspecial 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 defined by the Federal Advisory Committee Act, title 5, appendix 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 other Indian
organization with respect to expenditures specifically permitted by
other Federal law.
consistent with the amount normally paid for such services in the
private sector.
"Recipient" includes all contractors, subcontractors at any tier, and
subgrantees at anytier 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 Indian
organization with respect to expenditures specifically permitted by
other Federal law.
"Regularly employed" means, with respect to an officer or em-
ployee of a person requesting or receiving a Federal contract, grant,
loan, or cooperative agreement, an officer or employee who Is
employed by such person f or 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
immediately preceding the date of submission that initiates agency
consideration of such person shall be considered to be regularly
employed as soon as he or she Is employed by such person for 130
working days.
"State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, aterritoryof possession
of the united States, an agency or instrumentality of a State, and a
mufti -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 appropri-
ated funds maybe expended bythe recipient of a Federal contract,
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 Federal contract, grant, ban, or cooperative
agreement.
(2) The prohibition does not appy 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 appy in the case of a
payment of reasonable compensation made to an officer or
employee of a person requesting or receiving a Federal contract,
grant, ban, or cooperative agreement, If the payment is for agency
and legislative activities not directly related to a covered Federal
action.
(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 liaison activities are
permitted at any time only where they are not related to a specific
solicitation for any covered Federal action:
(1) Discussing with an agency (including individual demonstrations)
the qualities and characteristics of the person's products or
services, conditions orterms of sale, and service capabilities; and,
(2) Technical discussions and other activities regarding the applica-
tion or adaptation of the person's products or services for an
agency's use.
(D) The following agency and legislative liaison activities are
permitted where they are prior to f ormal solicitation of any covered
Federal action:
(1) Providing anyinformationnot speclfIcallyrequestedbutnecessary
for an agency to make an informed decision about initiation of a
covered Federal action;
(2) Technical discussions regarding the preparation 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, as
amended by Public Law 95.507 and other subsequent amend-
ments.
(E) Only those activities expressly authorized by subdivision
(b)(2)(1)(A) of this clause are permitted under this clause.
(ii) Professional and technical services.
(A) The prohibition on the use of appropriated funds, in
subparagraph (b)(1) of this clause, does not apply in the case of -
(1) A payment of reasonable compensation made 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, i( payment is for profes-
sional or technibal 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 it the payment is for
professional or technical services rendered directly in the prepa-
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 subdivision (b)(2)(ii)(A)ofclause, "profes-
sional and technical services" shall be limited to advice and analysis
directly applying any professlonal or technical discipline.
Previous eddon is obsolete page 3 of 5 form HUD -5370-C (6A2)
(C) Requirements imposed by orpursuant to law 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)(il)(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 not 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
specifically limited to the merits of the matter:
(A) Discussing with an agency (including individual demon-
atration) the qualities and characteristics of the person's products or
services, conditions or terms of sale, and service capabilities; and
(B) Technical discussions and other activities regarding the
application or adaptation of the person's products or services for an
agency's use.
(c) 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 providedforby3l U.S.C.1352. An imposition of acivilpenalty does
not prevent the Government from seeking any other remedy that may
be applicable.
(e) Cost Allowability, Nothing in this clause is to be interpreted to make
allowable or reasonable any costs which would be unallowable or
unreasonable in accordance with Part 31 of the Federal Acquisition
Regulation (FAR), or OMB Circulars dealing with cost allowability for
recipients of assistance agreements. Conversely, costs made specifi-
cally unallowable by the requirements in this clause will not be made
allowable under any of the provisions of FAR Part 31 or the relevant
OMB Circulars.
14. Equal Employment Opportunity
During the performance of this contract, the Contractor agrees as
follows:
(a) The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, 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 regard to their 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 fortraining, including apprenticeship.
(c) The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided
by the Contracting Officer that explain this clause.
(d) The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
(e) The Contractor shall send, to each labor union or representative
of workers with which M has acollective bargaining agreement or other
contract or understanding, the notice to be provided by the Contracting
Officer advising the labor union or workersrepresentative of the The Contractor is prohibited from placing a lien on HA's property. This
prohibition shall apply to all subcontractors.
Previous edition is obsolete page 4 of 6 form HU"370-C (6/92)
Contractor's commitments under this clause, and post copies of the
notice in conspicuous places available to 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 all information and reports required by
Executive Order 11246, as amended and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto. The Contractor
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 this 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 federally 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.
(1) The Contractor shall include the terms and conditions of this clause
in every subcontractor purchase order unless exempted by the rules,
regulations, or orders of the Secretary of Labor Issued under Executive
Order 11246, as amended, so that these terms and conditions will be
binding upon each subcontractor orvendor. The Contractor shall take
such action with respect to any subcontractor purchase order as the
Secretary of Housing and Urban Development or the Secretary of
Labor may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided that 6 the 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. Dissemination or Disclosure of Information
No information or material shall be disseminated or disclosed to the
general public, the news media, crony person or organization without
prior express written approval by the HA.
16. Contractor's Status
It is understood that the Contractor is an independent contractor and
isnot to be considered an employee of the HA, or assume any right,
privilege or duties of an employee, and shall save harmless the HA and
its employees f rom claims suits, actions and costs of every description
resulting from the Contractor's activities on behaM of the HA in
connection with this Agreement.
17. Other Contractors
HA may undertake or award other 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 underthis contract to accommodate the additional work, heeding
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
19. Training and Employment Opportunities for Residents in
the Project Area (Section 3, HUD Act of 1968; 24 CFR 135)(Ap-
pifoable to contracts in excess of $500,000)
(a) The work to be performed under this contract is on a project
assisted under a program providing direct Federal financial assistance
from HUD and is subject to the requirements of section 3 of the HUD
Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that
to the greatest extent feasible opportunities for training and employ-
ment be given lower income residents of the project areaand 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 issued thereunder 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 prevent them from comply-
ing with these requirements.
(c) The contractor will sendto each labor organization or representa-
tive of workers with which the contractor has a collective bargaining
agreement or othercontract or understanding, it any, a notice advising
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 contractorwill include 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 not award any subcontract unless the
subcontractor has fist provided it with a preliminary 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 assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors,
its successors, and assigns to those sanctions specified by the grant
or loan agreement or contract through which the Federal assistance
Is provided, and to such sanctions as are specified by 24 CFR part 135.
Previous edition Is obsolete - page 6 of 5 form HUD -6370-C (SW)