HomeMy WebLinkAbout2549
1 RE30LUTION NO. 2 5 4 9
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
4 OF AUBURN TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY AND THE YWCA FOR IMPLEMENTATION OF THE CITY'S
5 HOMELESS FAMILY STABILIZATION PROJECT.
6 WHEREAS, the City of Auburn is desirous of implementing
7 its Homeless Family Stabilization Project; and
8 WHEREAS, an affordable residence will be made available
9 to homeless families as a part of the Homeless Family
10 Stabilization Project and pursuant to City of Auburn
11 Resolution No. 2548; and '
12 y,HEREAS, in support of the Homeless Family Stabilization
13 project the City of Auburn and the YWCA are de$irous of
14 Providing the social/supportive services necessary to create
15 and maintain a stable living environment for the families to
16 become self-sufficient;
17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
ig WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
19 RESOLVES AS FOLLOWS:
20 Section 1. The Mayor and City Clerk of the City of
21
Auburn, Washington, are herewith authorized to execute an
22
Agreement for Professional Services between the City and the
23
YMCA for implementation of the Homeless Family Stabilization
24
25
26
Resolution No. 2549
July 27, 7994
Page 1
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1
2 Project. The Agreement is attached, designated Exhibit "A"
3 and incorporated by reference in this Resolution.
4 Section 2. The Mayor is hereby authorized to implement
5 such administrative procedures as may be necessary to carry
6 out the directives of this legislation.
7 DATED and SIGNED this ist day of August, 1994.
8
9 CITY OF AUBURN
10 .
ll
12 M A Y O R
13
14 ATTEST:
15
16
fiv
17 Robin Wohlhueter,
City Clerk
18 19
20 APPROVED AS TO FORM:
r .
21 ~
22
23 Michael J. Reynolds,
Acting City Attorney
24
25
26
Resolution No. 2549
July 27, 1994
Page 2
ORIGINAL
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
municipal corporation of the State of Washington, hereinafter referred to as "CITY" and with the
Seattle-King County Y.W.C.A., a non-profit corporation organized according to the laws of the
State of Washington, whose address is 1118 Fifth Avenue, Seattle, Washington, hereinafter
referred to as "YWCA".
In consideration of the covenants and conditions of this AGREEMENT, the parties hereby
agree as follows:
l. GENERAL DESCRIPTION OF THE PROJECT:
The CITY and the YWCA want to provide homeless families (hereafter called
"TENANTS") an affordable house (hereafter called "HOUSE") and the sociaUsupportive
services necessary to create and maintain a stable living environment for the TENANTS
family to become self-sufficient. The CITY will provide the HOUSE through the
combination of a Community Development Block Grant appropriation and a grant from
the King County Housing Opportunity Fund. Funding for the said project depends upon
contractual arrangements between the parties. The YWCA will manage the property,
collect rent, make arrangements for routine repair and maintenance, and provide the
TENANTS social and supportive services. The TENANTS will rent the HOUSE for a
period not to exceed thirty-six (36) months. A portion of net rental income will be
deposited into an interest bearing, operating reserve fund (herein called "RESERVE
FUND") to be used to assist the family's continued residence in the HOUSE and/or their
successful relocation to an affordable house oftheir choice. The TENANTS shall be
entitled to any remaining balance of the RESERVE FUND,Iess any charges for unpaid
expenses and/or repairs, upon the termination of their lease.
2. SCOPE OF WORK.
(a) City of Auburn:
1. Capital Improvements: The City will install a three bedroom, single
family, prefabricated housing unit on a city owned lot located at 126 l lth
Street, S.E., Auburn, Washington. The house will include appliances.
Installation will include landscaping the lot and utility connections.
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2. Insurance: The City will insure the HOUSE including coverage for City
owned contents.. Insurance coverage for TENANTS' owned contents will
be the responsibility of the TENANTS and/or the YWCA.
3. Major Repairs: The CITY will arrange and/or make necessary repairs
whenever any single reparation exceeds $1,000 per occunence. Making
any such major repairs does not waive the CITY's right to recover its costs
from the party or parties, if any, who may be responsible for causing the
damage which required repair.
(b) YWCA OF SEATTLE-KING COUNTY:
1. Property Management: T'HE YWCA will manage the CITY's property by
providing services that include collecting the rent, coordinating repairs and
maintenance, and administering the collection and disbursement of rental
receipts.
2. Social and Supportive Services: Social and supportive services will be
provided andlor coordinated through a YWCA TIPP case manager, or a case
manager of a comparable program. Basic services provided by the case
manager include the following:
developing an individual action plan to help resolve job and family
conflicts in an organized, incremental and pragmatic way.
providing access to legal assistance and psychological counseling and
support.
helping family members overcome crisis situations through counseling
and; if needed, provide access to counseling for the improvement of
their parenting and financial management skills.
providing information and referrals to a wide variety of community
resources such as local food banks, clothing banks, alcohoVdrug
treatment centers, parenting support groups, anger management,
and numerous other classes and information resources.
provide basic health and nutrition education.
3. Linkages with Other Social Services: The YWCA will arrange,
coordinate and/or facilitate the TENANTS' access to various social and
supportive services including, but not limited to, the following:
Health care services will be provided by the Community Health
Centers of King County through their satellite programs.
Childcare services will be coordinated with day-care and youth
service facilities.
Agreement for Professi Services
Page 2 RES. NOt~~
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Eligible TENANTS will be enrolled in vocational training and job
placement programs offered by the Private Industry Council,
Department of Labor and/or other public agencies.
3. TENANTS AND CHARGES:
(a) The YWCA sha11 insure that prior to occupancy of the HOUSE that the
TENANTS have an income not less than an amount equivalent to a fulltime,
minimum wage job but not more than fifty (50) percent of the annual median
income for the Seattle-Everett Metropolitan Statistical AREA, adjusted for family
size, as estimated from time to time by the U. S. Department of Housing and Urban
Development (HUD). If at any time, HiJD no longer estimates SMSA median
income, the benefit standard shall be based on a program selected by King County
at its sole discretion.
(b) The CITY sha11 verify TENANTS' income from time to time in accordance with
methods prescribed by HLTD or King County.
(c) The YWCA shall charge and collect rent for the HOUSE at a rate no greater than
thirty (30) percent of the TENANTS' income. Any increases in rent must be
based on changes in HUD affordability standards and must be approved in advance
by the CITY. TENANTS's failure to pay rent may become grounds for their
eviction from the HOUSE.
(d) The YWCA shall insure that, during the term of this AGREEMENT, fifty (50)
percent of the TENANTS sha11 be residents of the city of Auburn and fifty
(50) percent shall be residents of unincorporated King County. The YWCA
sha11 engage in outreach and marketing efforts to meet this obligation. In the event
that it becomes impracticable for the YWCA to meet this obligation, the CITY and
the YWCA sha11 meet to discuss other ways of satisfying these requirements.
(e) Prior to entering the HOUSE, TENANTS must sign a lease prepared by the
YWCA and which has been approved by the CITY.
4. COMPENSATION.
(a) City of Auburn:
An amount not to exceed fifty (50) percent of net rental proceeds (rent less operating costs) will be paid to the CITY on the first day of the start of each
quarter year for the repair and/or eventual replacernent of the HOUSE.
(b) YWCA:
An amount not to exceed ten (10) percent of gross rental proceeds will
be paid the YWCA for managing the property. In the event that the TENANTS
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do not or can not pay the prescribed rental price, or the remaining balance of the
RESERVE FUND lacks sufficient moneys to pay the prescribed rental price, the
YWCA will waive and forego its property management fees during that period of
nonpayment.
5. OPERATING COSTS AND DISBURSEMENT OF NET RENTAL PROCEEDS.
(a) Operating Costs: The following will be considered as an operating expense and
deducted from rental proceeds:
1. water and sewer utility services.
2. garbage collection.
3. routine maintenance and pest control.
4. property management services.
(b) Disbursement of Net Rental Proceeds: After the above operating costs are
deducted from rental receipts, net rental proceeds will be disbursed as follows:
1. To the City of Auburn: fifty (50) percent of net rental proceeds for
purpose of repair and/or eventual replacement of the HOUSE.
2. To the YWCA: fifty(50) percent of net rental proceeds to be
deposited into an interest bearing account for the purpose of creating and
maintaining an operating RESERVE FLJND.
6. OPERATING RESERVE FUND:
A RESERVE FiIND will be created by the YWCA from net rental proceeds to
insure the TENANTS can:
(a) stay in the HOUSE in the event of nonpayment or underpayment of the prescribed
rental price;
(b) pay the costs to evict the TENANTS from the HOUSE in the event of a violation
of their lease; and/or
(c) help the TENANTS relocate to a house of their choice upon the expiration and/or
ternunation of their lease unless such termination results from eviction.
7. QUALITY OF SERVICE
The YWCA shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of a11 studies, analysis, reports and other services
performed by the YWCA under this AGREEMENT. The YWCA shall, without
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additional compensation, correct or revise any errors, omissions or other deficiencies in its
plans, AGREEMENTS, reports and other services required. The YWCA shall perform its
services to conform to generally accepted professional standards for social work.
Any approval by the CITY under this AGREEMENT sha11 not in any way relieve
the YWCA of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or acceptance
of, nor payment for, any of the services shall be construed to operate as a waiver of any
rights under this AGREEMENT or of any cause of action arising out of the performance
of this AGREEMENT to the full extent of the law.
8. INDEMNIFICATION/HOLD HARMLESS.
The YWCA agrees to defend, indemnify and hold harmless the CITY, its elected
and appointed officials, officers, employees, subcontractors and agents from any and a11
claims, demands and/or causes of action of any kind or character whatsoever arising out of
or relating to the YWCA, its employees, subcontractors, agents including the TENANTS
for any and all claims by any persons for alleged personal injury, death or damage to their
persons or property to the extent caused by the negligent acts, errors or omission of the
YWCA, its employees, subcontractors, agents including the TENANTS, or
representatives and arising out of its performance of this AGREENiENT.
In the event that any suit or claim for damage is brought against the CITY as a
result of the YWCA and their respective officers, agents, TENANTS, subcontractors, or
employees's performance, or lack of performance, of their duties within the scope of this
AGREEMENT; the YWCA sha11 defend the CITY at its sole cost and expense; provided
that the CITY retains the right to participate in said suit if any principle of governmental
or public law is involved; and if final judgment be rendered against the CITY and/or its
appointed and elected officials, officers, agents, subcontractors or employees or jointly
against the CITY and the YWCA and their respective officers, agents, subcontractors, or
employees. The YWCA agrees to reimburse the CITY for any cost and expense which
the CITY has incurred as a result of such claim or suit. The provisions of this section sha11
survive the expiration or termination of this AGREEMENT.
9. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the YWCA is an independent contractor and
not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this AGREEMENT except as otherwise provided herein. The
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, parties agree that this AGREEMENT may not be assigned in whole or in part without the
written consent of the CITY.
10. INSURANCE.
YWCA shall procure and maintain for the duration of this AGREEMENT,
comprehensive general liability insurance against claims for injuries to persons or damage
to property which may arise from or in conjunction with services provided to the CITY by
the YWCA, its agents, employees or subcontractors, under this AGREEMENT. The
YWCA agrees to provide comprehensive general liability insurance and shall maintain
liability limits of no less then ONE MII,LION DOLLARS ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage. The YWCA
sha11 also provide and maintain professionalliability coverage including errors and
omissions coverage in the minimum liability limits of ONE MII.LION DOLLARS
($1,000,000) combined single limit per occunence for bodily injury, personal injury and
property damage.
The general liability coverage shall also provide that the CITY, its elected and
appointed officials, officers, employees, subcontractors and agents, and the TENANTS
are to be covered as additional insureds as respects to liability arising out of the services or
responsibilities performed by or under obligation of the YWCA under the terms of this
AGREEMENT, by the YWCA, its employees, agents and subcontractors. The YWCA's
generalliability and professional liability insurance shall be the primary insurance coverage
against claims arising a result of this AGREEMENT Any insurance or self insurance
maintained by the CITY, its officials, employees or agents sha11 be excess to the YWCA'S
insurance and sha11 not contribute with it.
Each insurance policy required by this section of the AGREEMENT shall be
endorsed to state that coverage sha11 not be suspended, voided, cancelled, reduced in
coverage or in limits except after forty-five (45) days prior written notice by certified mail
return receipt requested has been given to the CITY. The YWCA shall provide copies of
the endorsement naming the CITY and TENANTS as additional insureds on their
commercial general liability insurance policy and certificates of insurance to the CITY
specifying the coverage required by this section at the time that this AGREEMENT takes
effect. The CITY reserves the right to require that complete, certified copies of all
required insurance policies and endorsements be submitted to the CITY at any time.
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11. NONDISCRIlVIINATION.
A. General
1. During the performance of this AGREEMENT, neither the YWCA, nor
any party subcontracting under authority of this AGREEMENT, sha11
discriminate on the basis of race, color, sex, religion, nationality, creed,
sexual orientation, marital status, age, or the presence of any sensory,
mental or physical handicap in employment or application for employment,
or in the administration or delivery of services or any other benefits under
this AGREEMENT.
The YWCA sha11 comply fully with a11 applicable federal, state, and local
laws, ordinance, executive orders and regulations which prohibit such
discrimination. These laws include, but are not limited to, RCW 49.60,
Titles VI and VII of the Civil Rights Law of 1964, Section 504 of the
Rehabilitation Act of 1973, as amended, Executive Order 11246 issued by
the President of the United States and Executive Order 2001-R issued by
the County Executive.
2. The YWCA shall consult and cooperate fully with the County, the
Washington State Human Rights Commission, the Equal Employment
Opportunity Commission and other appropriate federal, state and local
agencies in ensuring its full compliance with the laws against
discrimination. The YWCA shall consult the Compliance Unit of the King
County Office of Civil Rights and Compliance for information and technical
assistance and/or for referral to other agencies for assistance.
3. In the event of noncompliance by the YWCA with any of the
nondiscrimination provisions of this AGREEMENT, the CITY shall have
the right, at its option, to terminate this AGREEMENT in whole or in part.
B. Employment
1. The YWCA shall not discriminate against any employee or applicant for
employment due to race, color, sex, religion, nationality, creed, sexual
orientation, marital status, age, or the presence of any sensory, mental or
physical handicap in any employment practice including, but not limited to,
hiring and firing, layoffs, upgrading, demotion or transfer, recruitment or
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recruitment advertising, rates of pay or other forms of compensation,
training or any other term, condition or practice of employment.
2. The YWCA sha11 give notice of its nondiscrimination policy and obligation
in a11 solicitations or advertisements for employees, and will send to each
labor union or representative of workers with which it has a collective
bargaining agreement or other understanding a notice of the commitments
under this section.
3. The YWCA shall comply with all applicable federal, state and locallaws
and regulations regarding nondiscrimination in employment and sha11
develop and implement such affirmative action plans and reporting
procedures as may be required, including those required by the CITY and
King County.
4. During the performance of this AGREEMENT, neither The YWCA, nor
any party subcontracting under the authority of this AGREEMENT shall
engage in unfair employment practices as defined by King County Code,
Chapter 12.18. It is an unfair employment practice for any:
a. employer or labor organization to discriminate against any person
with respect to referral, hiring, tenure, promotion terms, conditions,
wages or other privileges of employment;
b. employment agency or labor organization to discriminate against
any person with respect to membership rights and privileges,
admission to or participation in any guidance program,
apprenticeship training program, or other occupational training
program;
c. employer, employment agency, or labor organization to print,
circulate, or cause to be printed published or circulated, any
statement, advertisement or publication relating to employment or
membershiP, or to use anY form or aPPlication therefor, wtuch
indicates anY discrimination unless based uPon a bona fide
occupation qualification;
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d. employment agency to discriminate against any person with respect
to any reference for employment or assignment to a particular job
classification;
e. emPloYer, emPloYment agencY or a labor or8anization to retaliate
against any person because this person opposed any practice
forbidden by King County Code Chapter 12.18, or because that
person made a charge, testified or assisted in any manner in any
investigation, proceeding or hearing initiated under the provisions
of King County Code, Chapter 12.18;
f. publisher, firm corporation, organization or association printing,
publishing or circulating any newspaper, magazine or other written
publication to print or cause to be printed or circulated any
advertisement with knowledge that the same is in violation of King
County Code Chapter 12.18.030(c), or to segregate and separately
designate advertisements as applying only to men and women,
unless such discrimination is reasonably necessary to the normal
operation of the particular business, enterprise or employment,
unless based upon a bona fide occupational qualification;
g. employer to prohibit any person from speaking in a language other
than English in the workplace, unless:
(1) the employer can show that requiring that employees speak
English at certain times is justified by business necessity,
and
(2) the employer informs employees of the requirement and the
consequences of violating the rule.
If the YWCA fails to comply with King County Code
Chapter 12.18, then the YWCA sha11 be subject to the
procedures and penalties set forth therein.
C. Program and Services
1. The YWCA, or any subcontracting authority under this AGREENIENT,
agrees not to discriminate on the basis of race, color, sex, religion,
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nationality, creed, sexual orientation, marital status, age, or the presence of
any mental, physical or sensory handicap in the access to, or in the
provision and administration of, any program or activity under this
AGREEMENT.
2. "Discrimination" includes, but may not be limited to, 1) denial of services
or benefits, 2) segregation, separate or different treatment or benefits, 3)
utilization of administrative criteria or methods that have the effect of
discriminatory treatment. This obligation includes taking affirmative steps
to make programs and services available and accessible to the handicapped.
D. Minority/Women's Businesses
Unless waived, the YWCA sha11 fully comply with the provisions of King County
Code, Chapter 4.18 in conducting the improvement of the properties of the Project
described in this AGREEMENT. Failure by the YWCA to comply with any
requirements of this Chapter shall be a breach of this AGREEMENT.
E. Subcontracts and Purchases
The YWCA shall include this Section IX in every subcontract or purchase order
for goods or services which are the subject of this AGREEMENT.
12. RECORDKEEPING AND REPORTING.
(a) The YWCA sha11 keep and maintain a11 records as the CITY may from time to time
reasonably require, including, but not limited to, records pertaining to the
operation of the HOUSE, the provision of services for TENANTS and records
pertaining to TENANTS annual income. The CITY shall have access upon
reasonable notice to any and all of the YWCA records at any time during the term
of this AGREEMENT.
(b) The YWCA sha11 submit a quarterly report to the CITY which includes
information pertaining to the TENANTS, including the numbers of TENANTS
served, age, ethnicity, gender, income; and information pertaining to revenues and
expenses incurred during that quarter along with the remaining balance of the
RESERVE FUND.
(c) The YWCA agrees that any and all documents, records, books, specifications,
reports, estimates, summaries and such other information and materials as the
YWCA may have accumulated, prepared or obtained as part of providing services
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under the terms of this AGREEMENT by the YWCA, shall belong to and sha11
remain the property of the CITY OF AUBURN.
(d) The YWCA agrees to maintain all books and records relating to its operation and
concerning this AGREEMENT for a period of three (3) years following the
termination or expiration of this AGREEMENT. The YWCA further agrees that
the CITY may inspect any and a11 documents held by the YWCA and relating to
this AGREEMENT at any reasonable time during the term of this AGREEMENT
and for a three (3) year period following the termination of this AGREEMENT.
(e) The YWCA also agrees to provide to the CITY, at the CITY'S request, the
originals of a11 documents, and items specified in this Section and information
compiled in providing services to the CITY under the terms of this
AGREEMENT.
13. TERMINATION OF AGREEMENT.
This AGREEMENT may be terminated by either party upon twenty (20) days
written notice to the other party, and based upon any cause. In the event of termination
due to the fault of other(s) than the YWCA, the YWCA shall be paid by the CITY for
services performed to the date of ternunation.
Reasons for terminating the contract shall include, but are not limited to, the
following: abusive use of the facility; violation of City's laws and land use regulations by
the TENANTS and/or the TENANTS'S associates; noncompliance with the terms and
conditions of this AGREEMENT, lease and any other related AGREEMENTS; and/or
failure to make the quarterly payments and submit the necessary reports required by this
AGREEMENT.
Upon receipt of a termination notice under the above paragraph, the YWCA shall
(1) promptly discontinue a11 services affected (unless the notice directs otherwise), and (2)
deliver to the CITY a11 data, reports, and such other information and materials as the
YWCA may have accumulated, prepaxed or obtained in perfornung this AGREEMENT,
whether such information and materials are completed or in process.
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14. GENERAL PROVISIONS.
(a) This AGREEMENT sha11 be governed by the laws, regulations and ordinances of
the City of Auburn, King County, and the State of Washington, and where
applicable, Federallaws.
(b) All claims, disputes and other matters in question arising out of, or relating to, this
AGREEMENT or the breach hereof, except with respect to claims which have
been waived, will be decided by a court of competent jurisdiction in King County,
Washington. Pending final decision of a dispute hereunder, the YWCA and the
CITY sha11 proceed diligently with the performance of the services and obligations
herein.
(c) The CITY and the YWCA respectively bind themselves, their partners, successors,
heirs, assigns, and legal representatives to the other party to this AGREEMENT
with respect to all covenants to this AGREEMENT.
(d) This AGREEMENT represents the entire and integrated AGREEMENT between
the CITY and the YWCA and supersedes all prior negotiations, representations or
AGREEMENTS either oral or written. This AGREEMENT may be amended only
by written instrument signed by both the CITY and the YWCA.
(e) Should it become necessary to enforce any term or obligation of this
AGREEMENT, then all costs of enforcement including reasonable attorneys fees
and expenses and court costs shall be paid to the substantially prevailing party.
( fl The YWCA agrees to comply with a11 local, state and federallaws applicable to its
performance under this AGREEMENT.
Agreement for Professior) Services
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CITY OF AUBURN YWCA OF SEATTLE-KING COUNTY
&
~
Chaxles A. Booth, Mayor Rita Ryder, Exec ve Director
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
i
Michael J. Reynol s,
Acting City Attorney
Agreement for Professior)qL Services
Page 13 RES. NO
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STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this ~ day of 19_q, before me, the undersigned, a
Not Public in and for the State of Wa 'ngton, personally appeared
to me known to be the
of ~ the (corporation, sole
proprietor 'p, partnership or individual) who ex uted the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said (corporation, sole
proprietorship, partnership or individual), for the uses and purposes therein mentioned, and on
oath stated that he/she is authorized to execute said instrument on behalf of said corporation, sole
proprietorship, partnership or individual).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ~
date hereinabove set forth. 'I
_ NOTARY PUBLIC in and for the Sta e of
Washington, residing at
MY COMNIISSION expires: -
Agreement for Professi ~ Services
Page 14 RES. NO.
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STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
jl
On this day of 19~, before me undersigned, a Notary
~
Public ' and i the State of Washi gton, duly commissioned and sworn, personally appeared
to me known to be the Executive Director of the
YWCA of S 0 ttle-King County, a nonprofit corporation, and the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated
that thev are authorized to execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
WITNESS my hand and official seal her o af xed day ~d ear first ve written.
,
;
,
- NOTARY PUBLIC IN AND FOR THE S E F
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES ~
KING COUNTY HOUSING OPPORTU1vITY FUND
INTERLOCAL COOPERATION AGREEMENT
This Agreement is entered into this _ day of , 1994, by and
between King County, Washington ("County") and the City of Auburn ("THE CITY").
WHEREAS the County established the King County Housing Opportunity Fund ("HOF")
by Ordinance No. 9368, as amended, and appropriated funds thereto to be distributed according
to policies and procedures established by the King County Planning and Community Development
Division and adopted by the King County Council by King County Ordinance No. 9369, as
amended from time to time.
WHEREAS the County is desirous of ordering certain local improvements within King
County pursuant to RCW Chapter 82.46.
WHEREAS the County and THE CITY are authorized and empowered to enter into this
' Agreement pursuant to RCW 39.34 to share the responsibilities of providing housing and services
for homeless families with children to the mutual advantage of the parties hereto and the benefit of
the residents of King County.
WHEREAS the activities described in this Agreement shall be supported with funds from
the HOF ("HOF Funds") which were appropriated in 1990 by King County Ordinance 9369, as
amended.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as
follows:
1. GENERAL AGREEMENT
A. The parties agree to cooperate to acquire and improve 126 l lth Street S.E.,
Auburn, WA. The real property and improvements (hereinafter ca11 the
"Premises") to be acquired under this Agreement is described in Exhibit A,
attached hereto and incorporated herein.
B. The parties further agree that THE CITY shall acquire, improve, and provide the
services at the Premises under this Agreement in compliance with the terms of the
Project Description, the Project Budget and the Implementation Schedule set forth
in Exhibits B, C, and D respectively, attached hereto and incorporated herein by
this reference. ~I
C. The King County Executive sha11 serve as the Administrator of the HOF and shall 'I
administer and disburse HOF Funds pursuant to the terms of this Agreement.
Interlocal Cooperation Agreement
Page 2
D. The policies set forth in King County Ordinance 9369, as amended from time to
time shall govern the project selection process, the identification of eligible
activities, and special needs groups and income levels for people to be housed
pursuant to this Agreement.
E. The term of this Agreement shall be for thirty-five years and shall begin on the
15th day of July, 1994, and terminate on the 15th day of Julv, 2029.
II, USE OF HOF FUNDS
A. The County shall disburse to THE CITY, pursuant to the terms of this Agreement
not more than $75.000 of HOF Funds to be used according to the terms of the
Project Description, the Project Budget and the Implementation Schedule set forth
on Exhibits B, C, and D respectively, attached hereto and incorporated herein by
this reference.
B. HOF Funds disbursed by the County sha11 be used by THE CITY exclusively to
assist in the improvement of the Premises to provide housing for homeless families
with children during the term of this Agreement.
C. THE CITY shall not use more than $3,962 of HOF Funds for project management
costs associated with the improvement of the Premises.
D. THE CITY shall not use HOF Funds for tenant relocation or other tenant
assistance.
E. Disbursement of HOF Funds for improvement and for the project management
costs associated with the improvement of the Premises shall be made upon
submission by THE CITY of invoices on a form to be provided by the County.
Such invoices shall be accompanied by supporting documentation as required by
the County and sha11 include but is not limited to satisfactory proof of property
ownership by the seller. HOF Funds shall be fulled invoiced no later than
December 31, 1994.
III. TENANTS, SERVICES, AND CHARGES
A. THE CITY shall provide housing and services for homeless families with children
(hereafter called "Tenants") within the Premises.
B. THE CITY shall provide services to Tenants which shall include but are not
limited to: parenting and bud etinsz skills training, group and individual
counseline, and health care service referrals. Services will be provided on- and
off-site.
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C. THE CITY shall ensure that, at initial occupancy, the Tenants have annual incomes
~ that do not exceed 3" 50% of the annual median income for the Seattle-Everett
Metropolitan Statistical Area (SMSA median income), adjusted for family size, as
estimated from time to time by the U. S. Department of Housing and Urban
Development (HUD). If at any time, H(JD no longer estimates SMSA median
income, the benefit standard shall be based on a program selected by King County
at its sole discretion.
C.1. THE CITY shall verify Tenants' income from time to time as the County requests
only in accordance with methods prescribed by or agreed to by the County.
D. THE CITY shall maintain rent and utilities for the Premises at a rate no greater
than 30% of tenant income. Any increase in rent must be based on changes in
HUD affordability standards and must be approved in advance in writing by the
County.
( E. THE CITY shall ensure that 50% of Tenants eaeb }ear- during the term of this
Agreement shall be residents of unincorporated King County. THE CITY shall
engage in outreach and marketing efforts to meet this obligation. Provided,
however, that in the event that there is a decrease in the population of unincorporated King County such that it becomes impracticable for THE CITY to
meet this obligation, King County and THE CITY shall meet to discuss other ways
of satisfying King County's requirements.
F. Upon execution of this Agreement, T'HE CITY shall provide the County with a
copy of the comprehensive management plan (the "Plan") for the management of
the Premises. The Plan shall not conflict with the policies and procedures of the
HOF as contained in King County Ordinance 9369, as amended from time to time
and shall address, but not be limited to, a description of tenant rights and
responsibilities, tenant selection policies, maintenance plans and schedules, and
support services provided.
G. If at any time during the term of this Agreement, THE CITY determines that it is
no longer feasible for it to serve and house Tenants within the Premises, THE
CITY may inform the County that it desires to negotiate for the purpose of serving
an alternative population consisting of HOF-eligible beneficiaries. The County
may, at its sole option, exercise its rights and remedies set forth under this
Agreement or negotiate this matter with THE CITY. The purpose of the
negotiation shall be to identify an alternative HOF-eligible population to be served
within the Premises. Such negotiation period shall not exceed 180 days. If the
parties are unable to reach an agreement regarding an alternative population, THE
CITY shall pay King County an amount equal to fifty percent of the appraised
value of the Premises. The appraised value shall be determined by a standard MAI
appraisal conducted by an independent, licensed appraiser. Upon such payment,
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this Agreement shall terminate and neither party shall have further liability
hereunder.
IV. INDEMIVITY AND HOLD HARMLESS
"THE CITY shall protect, defend, indemnity, and save harmless the County, its officers,
employees, and agents from any and a11 costs, claims, judgments, and/or awards of
damages, arising out of or in any way resulting from the negligent acts or omissions of
THE CITY, its officers, employees, and/or agents. THE CITY agrees that its obligations
under this subparagraph extend to any claim, demand, and/or cause of action brought by
or on behalf of any employees, or agents. For this purpose, THE CITY, by mutual
negotiation, hereby waives, as respects the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of
Title 51 RCW. In the event the County incurs any judgment, award and/or cost arising
therefrom including attorney's fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from THE CITY.
V. LIABILITY 1NSURANCE
By date of execution of this Agreement, THE CITY shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with, the activities of THE CITY, its
agents, representatives, employees, and/or subcontractors. The cost of such insurance
sha11 be paid by THE CITY.
For All Coverages: Each insurance policy shall be written on an "Occurrence" form.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. General Liability
Insurance Services Office form number (GL 0002 Ed. 1-73)
covering COMPREHENSIVE GENERAL LIABILITY and Insurance
Services Office form number (GL 0404 Ed. 5-81) covering BROAD
FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT;
-or-
Insurance Services Office form number (CG 00 01 ED. 11-88)
covering COrINIERCIAL GENERAL LIABILITY.
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2. Fire Insurance
Insurance Services Office form number (DP-3 Ed. 1-77) covering
SPECIAL FORM DWELLING PROPERTY INSURANCE.
B. NIINIMUM LIMITS OF INSURANCE
T'HE CITY shall maintain limits no less than, for:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage.
2. Fire Insurance: $ (1000/o of replacement cost value).
C. LIABILITY INSUR.ANCE DURING BUILDING CONSTRUCTION
Prior to commencement of building construction and until construction is complete
and approved by THE CITY, THE CITY shall cause the construction contractor
to procure and maintain insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with, the activities related to
this Agreement, of THE CITY, its agents, representatives, employees, and/or
subcontractors. THE CITY shall be a named or an additional insured on all
policies. The cost of such insurance shall be paid by THE CITY and/or any other
of THE CITY's subcontractors.
For all Coverages: Each insurance policy shall be written on an "Occunence"
form.
1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as
broad as:
a. General Liability
Insurance Services Office form number (CG 00 01 Ed. 11-88) covering
COMIVT-RCIAL GENERAL LIABILITY;
-or-
Insurance Services Office form number (GL 0002 Ed. 1-73) covering
COMPREHENSIVE GENERAL LIABILITY and Insurance Services
Office form number (GL 0404 Ed. 5-81) covering BROAD FORM
COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT;
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b. Products and Completed Operations
T'HE CITY shall procure and maintain, during the life of this Agreement,
Products and Completed Operations coverage for the protection against
bodily injury and property damage claims arising from this hazard, at a limit
acceptable to the County.
c. Automobile Liability
Insurance Services Office form number (CA 00 01 d. 12-90) covering
BUSINESS AUTO CQVERAGE, symbol 1"any auto;" or the combination
of symbols 2, 8, and 9.
d. Professional Liability, Errors and Omissions Coverage
In the event that services delivered pursuant to this Agreement either
directly or indirectly involve or require professional services, Professional
Liability, Errors and Omissions coverage shall be provided. "Professional
Services" for the purposes of this section shall mean any services provided
by a licensed professional.
e. Builder's Risk Insurance
THE CITY will obtain a builder's risk policy (Insurance Services Offices
form number (CP-00 02 Ed. 10-90) BUILDER'S RISK COVERAGE
FORM covering 100% of the replacement value of the building/structures.
f. Worker's Compensation
Workers' Compensation coverage, as required by the Industrial Insurance
Act of the State of Washington, as well a any similar coverage required for
this work by applicable federal or "Other States" State Law.
g. Stop Gap, Employers Contingent Liability
2. MINIMUM LIMITS OF INSURANCE. THE CITY shall maintain limits
no less than, for:
a. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage.
b. Product and Completed Operations: $1,000,000.
c. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injuryand property damage.
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d. Professional Liability, Errors & Omissions: $1,000,000.
e. Builder's Risk Insurance: $ (100% replacement
cost value).
f. Workers' Compensation: Statutory requirements of the state of
residency.
g. Stop Gap or Employers Liability Coverage: $1,000,000.
D. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or
self-insured retentions must be declared to, and approved by, the County. At the
option of the County, the insured sha11 instruct the insurer to reduce or eliminate
such deductibles or self-insured retentions as respects the County, its officers,
officials and employees. The deductible and/or self-insured retention of the
policies shall not limit or apply to THE CITY's liability to the County and shall be
the sole responsibility of THE CITY.
E. OTHER INSURANCE PROVISIONS. The insurance policies required in this
Agreement are to contain, or be endorsed to contain the following provisions:
l. General Liability Policy
a. The County, its officers, officials, employees and agents are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of THE CITY in connection with this
Agreement.
b. To the extent of THE CITY's negligence, THE CITY's insurance
coverage shall be primary insurance as respects the County, its
officers, officials, employes and agents. Any insurance and/or self-
insurance mainta,ined by the County, its officers, officials,
employees or agents shall not contribute with the Named Insured's
insurance or benefit the Named Insured in any way.
c. THE CITY's insurance shall apply separately to each insured
against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of the insurer's liability.
2. Fire Insurance Policy. The policy shall include the County as an insured in
the amount equal to their interest, as their interest may appear.
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3. All Policies. Coverage shall not be suspended, voided, cancelled, reduced
in coverage or in limits until after forty-five (45) days prior notice, return
receipt requested, has been given to the County.
F. ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers with
a Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum
surpluses of the equivalent of Bests' surplus size VIII. .
If at any time of the foregoing policies shall be or become unsatisfactory to the
County, as to form or substance, or if a company issuing any such policy shall be
or become unsatisfactory to the County, THE CITY shall, upon notice to that
effect from the County, promptly obtain a new policy, and shall submit the same to
the County, with the appropriate certificates and endorsements, for approval.
G. VERIFICATION OF COVERAGE.
.mdtb
QPMP .
ment. The
certificates and endorsements for each insurance policy are to be signe y a
person authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements for each insurance policy are to be on forms provided or
approved by the County and are to be received by the County prior to the
commencement of activities associated with the Agreement. The County reserves
the right to require complete, certified copies of all required insurance policies at
any time.
H. PROVISION FOR INCREASE OF COVERAGE. To ensure that appropriate
insurance is carried by THE CITY, the County, at its sole option, may adjust these
insurance requirements every three (3) years, the first adjustment to occur three (3)
years after the beginning of the term of this Agreement. Such adjustments shall
not be greater than amounts customarily required by King County in Agreements
of similar character.
VI. MUTUAL RELEASE AND WAIVER
To the extent a loss is covered by insurance in force, the County and THE CITY hereby
mutually release each other from liability and waive all right of recovery against each other
for any loss from perils insured against under their respective fire insurance policies,
including any extended coverage endorsements hereto; provided, that this Agreement shall
be inapplicable if it would have the effect of invalidating any insurance coverage of the
County or THE CITY.
VII. CONIPLIANCE WITH LAWS AND REGULATIONS, TAXES, AND FEES
A. In carrying out this Agreement, THE CITY shall comply with all applicable laws,
ordinances, and regulations which have been or will be promulgated by any and all
authorities having jurisdiction. THE CITY specifically agrees to bear the risks of
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Interlocal Cooperation Agreement
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such laws, ordinances, and regulations, and to pay a11 costs associated with
achieving compliance without notice from the County. THE CITY shall pay all
license fees and a11 federal and state taxes on the Premises, improvements and
equipment, and all licensing fees for vehicles or other licensed equipment to the
extent that the parties are subject to such taxes and fees. TBE CITY shall pay all
permit fees, including, but not limited to, land use, building, constructian, health,
sanitation and business permit fees. The County sha11 not in any case be held liable
for any taxes and/or fees owing to any person due to THE CITY's ownership,
operation, use and/of possession of the Premises. THE CITY shall apply for all
appropriate tax exemptions, and neither this paragraph, nor any other provision, of
this Agreement shall be construed as a waiver or relinquishment by the parties of
any tax exemption available to it.
B. THE CITY shall at all times comply with a11 applicable federal, state, and local
laws, statutes, rules and regulations relating to relocation of those persons and
households residing within the Premises prior to occupancy by Tenants. THE
CITY shall be solely responsible for the cost of all relocation benefits required by
law. At no time shall the County be responsible for the cost of such benefits.
VIII. RECORDKEEPING AND REPORTING
A. THE CITY shall keep and maintain all records. as the County may from time to
time reasonably require, including, but not limited to, records pertaining to the
acquisition, rehabilitation and operation of the Premises, the provision of services
for residents and records pertaining for residents and records pertaining to Tenants' .
annual income. The County shall have access upon reasonable notice to any and
all of THE CITY's records at any time during the course of the rehabilitation and
operation of the Premises.
B. THE CITY sha11 submit an annual report to King County's Planning and
Community Development Division within 60 days of the close of each calendar
year. This annual report shall include information pertaining to the Tenants,
including numbers served, age, ethnicity, gender, income; and information
pertaining to THE CITY, including THE CITY's annual report of activities, an
audited financial statement and federal tax return, and a list of names and addresses
of current board members and officers. THE CITY shall also submit additional
reports which the County may from time to time reasonably require.
IX. NONDISCRIMINATION
A. General
1. During the performance of this Agreement, neither THE CITY, nor any
paRy subcontracting under authority of this Agreement, shall discriminate
on the basis of race, color, sex, religion, nationality, creed, sexual
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Page 10
orientation, marital status, age, or the presence of any sensory, mental or
physical handicap in employment or application for employment, or in the
administration or delivery of services or any other benefits under this
Agreement.
THE CITY shall comply fully with all applicable federal, state, and local
laws, ordinance, executive orders and regulations which prohibit such
discrimination. These laws include, but are not limited to, RCW 49.60,
Titles VI and VII of the Civil Rights Law of 1964, Section 504 of the
Rehabilitation Act of 1973, as amended, Executive Order 11246 issued by
the President of the United States and Executive Order 2001-R issued by
the County Executive. 2. THE CITY sha11 consult and cooperate fully with the County, the
Washington State Human Rights Commission, the Equal Employment
Opportunity Commission and other appropriate federal, state and local
agencies in ensuring its full compliance with the laws against
discrimination. THE CITY shall consult the Compliance Unit of the King
County Office of Civil Rights and Compliance for information and technical
assistance and/or for refenal to other agencies for assistance.
3. In the event of noncompliance by THE CITY with any of the
nondiscrimination provisions of this Agreement, the County shall have the
right, at its option, to terminate this Agreement in whole or in part.
B. Employment
1. THE CITY shall not discriminate against any employee or applicant for
employment due to race, color, sex, religion, nationality, creed, sexual
orientation, marital status, age, or the presence of any sensory, mental or
physical handicap in any employment practice including, but not limited to,
hiring and firing, layoffs, upgrading, demotion or transfer, recruitment or
recruitment advertising, rates of pay or other forms of compensation,
training or any other term, condition or practice of employment.
2. T'HE CITY shall give notice of its nondiscrimination policy and obligation
in a11 solicitations or advertisements for employees, and will send to each
labor union or representative of workers with which it has a collective
bargaiting agreement or other understanding a notice of the commitments
under this section.
3. THE CITY shall comply with all applicable federal, state and local laws
and regulations regarding nondiscrimination in employment and shall
develop and implement such affirmative action plans and reporting
procedures as may be required, including those required by the County.
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4. During the performance of this Agreement, neither THE CITY, nor any
party subcontracting under the authority of this Agreement shall engage in
unfair employment practices as defined by King County Code, Chapter
12.18. It is an unfair employment practice for any:
a. employer or labor organization to discriminate against any person
with respect to referral, hiring, tenure, promotion terms, conditions,
wages or other privileges of employment;
b. employment agency or labor organization to discriminate against
any person with respect to membership rights and privileges,
admission to or participation in any guidance program,
apprenticeship training program, or other occupational training
program;
c. employer, employment agency, or labor organization to print,
circulate, or cause to be printed published or circulated, any
statement, advertisement or publication relating to employment or
membership, or to use any form or application therefor, which
indicates any discrimination unless based upon a bona fide
occupation qualification;
d. employment agency to discriminate against any person with respect
to any reference for employment or assignment to a particular job
classification; e. employer, employment agency or a labor organization to retaliate
against any person because this person opposed any practice
forbidden by King County Code Chapter 12.18, or because that
person made a charge, testified or assisted in any manner in any
investigation, proceeding or hearing initiated under the provisions
of King County Code, Chapter 12.18;
f. publisher, firm corporation, organization or association printing,
publishing or circulating any newspaper, magazine or other written
publication to print or cause to be printed or circulated any
advertisement with knowledge that the same is in violation of King
County Code Chapter 12.18.030(c), or to segregate and separately
designate advertisements as applying only to men and women,
unless such discrimination is reasonably necessary to the normal
operation of the particular business, enterprise or employment,
unless based upon a bona fide occupational qualification;
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Interlocal Cooperation Agreement
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g. employer to prohibit any person from speaking in a language other
than English in the workplace, unless:
(1) the employer can show that requiring that employees speak
English at certain times is justified by business necessity,
and
(2) the employer informs employees of the requirement and the
consequences of violating the rule.
If THE CITY fails to comply with King County Code
Chapter 12.18, then THE CITY shall be subject to the
procedures and penalties set forth therein.
C. Program and Services
1. THE CITY, or any subcontracting authority under this Agreement, agrees
not to discriminate on the basis of race, color, sex, religion, nationality,
creed, sexual orientation, marital status, age, or the presence of any mental,
physical or sensory handicap in the access to, or in the provision and
administration of, any program or activity under this Agreement.
2. "Discrimination" includes, but may not be limited to, 1) denial of services
or benefits, 2) segregation, separate or different treatment or benefits, 3)
utilization of administrative criteria or methods that have the effect of
discriminatory treatment. This obligation includes taking affirmative steps
to make programs and services available and accessible to the handicapped.
D. Minority/Women's Businesses
Unless waived, THE CITY shall fully comply with the provisions of King county
Code, Chapter 4.18 in conducting the improvement of the properties of the Project
described in this Agreement. Failure by THE CITY to comply with any
requirements of this Chapter shall be a breach of this Agreement.
E. Subcontracts and Purchases
THE CITY shall include this Section IX in every subcontract or purchase order for
goods or services which are the subject of this Agreement.
X. ASSIGNMENT
THE CITY shall not assign this Agreement in whole or in part or subcontract any of the
terms of this Agreement without the prior written consent of the County. Any request for
Interlocal Cooperation Agreement
Page 13
assignment, transfer, or subcontract shall be made in writing, shall state the party to whom
such transfer shall be made and the purpose of such transfer.
XI. BREACH/DEFAULT
A. No waiver of a breach of any provision hereof shall be deemed a modification of
the terms of this Agreement, nor shall such waiver be deemed to waive any other
or subsequent breach of this Agreement.
B. In the event THE CITY fails to observe or perform any of the provisions of this
Agreement, that failure having continued for thirty days after the County gives
written notice to cure such failure to THE CITY, THE CITY sha11 be deemed in
default of this Agreement; provided -however that if the nature of the default is
such that more than thirty days are reasonably required for its cure, then THE
CITY shall not be deemed in default if it commences such cure within such thirty-
day period and diligently pursues such cure to completion within 180 days.
C. Notwithstandin
g anyttung herem to the contrary, m the event of a default by THE
CITY under this Agreement, the County shall b entitled, upon notice, to liquidated
damages as defined in Section XII, below.
D. The remedies set forth herein shall not be the exclusive remedies available to the
parties. Each party sha11 retain all rights which they otherwise would have at law
or in equity.
E. The remedies set forth herein shall be cumulative and the parties may exercise one
or more of the said remedies and shall not be deemed to have elected any remedy
to the exclusion of other remedies.
XII. LIQUIDATED DAMAGES
Default of THE CITY or any failure of THE CITY to perform any conditions of this
Agreement that are not cured as provided herein shall result in the limitation of the
availability of housing and services for homeless families with children to the loss and
damage of the County. Because it would be impracticable to fix the actual damages
sustained in the event of such failure to perform, the County and THE CITY, therefore,
agree that in the event of THE CITY's failure to perform, the damages incurred by the
County shall be fifty percent of the appraised value of the Premises. The appraised value
shall be determined at THE CITY's expense by an appraiser satisfactory to the County ("a
Market Va1ue Appraisal"). County and THE CITY agree that THE CITY shall pay such
amount to the County as liquidated damages arising from all causes including, but not
limited to, causes beyond its reasonable control and without the fault or negligence of
THE CITY. Such causes may include, but are not restricted to, acts of God or of the
public enemy, acts of any government body acting in its sovereign capacity, war,
explosions, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes and
.
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unusually severe weather. Upon payment of such sum, neither party shall have any further
liability hereunder.
XIII. NOTICE
Any notice required to be given by either party to the other sha11 be deposited in the
United States mail, postage prepaid, addressed to the City of Auburn at 25 West Main
Street, Auburn, WA 98001-4998, or to the County at King County Planning and
Community Development Division, 707 Smith Tower Building, 506 Second Avenue,
Seattle, WA 98104, or at such other address as either party may designate to the other in
writing from time to time.
XIV. GENERAL TERMS
A. This Agreement shall be binding upon the parties hereto, their heirs, successors,
and assigns.
B. THE CITY hereby represents that the person signing below has full authority to
execute this Agreement and to bind THE CITY as set forth herein.
C. If any term or provision of this Agreement or the application of any term of this
Agreement to any person or circumstance is invalid or unenforceable, the
remainder of this Agreement sha11 not be affected thereby and shall continue in full
force and effect.
D. This Agreement shall be effective upon signature by both parties following
approval of their governing bodies.
E. This Agreement and Exhibits A through D attached hereto, constitute the entire
agreement between the parties with regard to the subject matter thereof. This
Agreement supersedes all prior negotiations and no modification or amendment to
this Agreement shall be valid unless in writing signed by both parties.
F. THE CITY and the County agree to execute such additional documents during the
term of the Agreement as may be necessary to effectuate the intent of the parties
and the purpose of this Agreement.
G. If, by reason of any default or breach on the part of either party in the performance
of any of the provisions of this Agreement, a legal action is instituted, the losing
party agrees to pay a11 reasonable costs and attorney's fees in connection therewith.
It is agreed that the venue of any legal action brought under the terms of this
Agreement sha11 be King County.
H. This Agreement is for the benefit of the named parties only and no third party shall
have any rights thereunder.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date first above
written.
CITY OF AUBURN KING COUNTY, WASHINGTON
BY: BY:
Charles A. Booth Gary Locke
Mayor King County Executive
APPROVED AS TO FORM:
BY:
Deputy Prosecuting Attorney