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HomeMy WebLinkAbout3442RESOLUTION NO. 3~4 4 2 A RESOLUTION 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, 2001 AND ENDING NOVEMBER 30, 2002. 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 I. 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, Bumdale Homes and Firwood Circle. A copy of said Contract is attached hereto as Exhibit "1" and is incorporated herein. Resolution No. 3442 March 12, 2002 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, 2001 and ending November 30, 2002. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~da Dated and Signed ' [~'~ y of March 2002. P MAYOR Resolution 3442 March 12, 2002 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3442 March 12, 2002 Page 3 Contract Number: 630 - 2001 - 0001 KING COUNTY HOUSING AUTHORITY RESIDENT SERVICES 600 ANDOVER PARK WEST, SEATTLE, WASHINGTON 98188 PHONE (206) 574-I 100 · 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 King 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. Co "HUD" means the Secretary of Housing and Urban Development, its delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary. "Contract" means the contract entered into between KCHA and the Agency. It includes tho contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes ali formal changes to any of those documents by addendum, amendment, change order, or other modification. "Contracting Officer" means the person delegated the authority by KCHA to administer and/or terminate this Contract and designated as such in writing to the Agency. The Germ includes any successor Contracting Officer and any duly authorized representative of the Contracting Officer also designated in wr/ting. Resolution 3442 Exhibit "1" 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 -- Exhibit B -- Exhibit C -- Exhibit D -- Exhibit E -- Exhibit F -- Exhibit G -- Exhibit H -- Exhibit I -- Scope of Work Project Budget and Invoice Schedule Reporting Requirements Invoice Format Quarterly Resident Contact Report Quarterly Narrative Reports Format Insurance Requirements Roles and Responsibilities for Maintenance of Facilities Facility Use Policy of the King County Housing Authority (4) A~y modifications duly delivered after execution of this Contract (see Section 6, Contract Modifications). o Terms of the Contract. Duration of Contract: The Contract shall bc in fuI1 force and effect for a period commencing December 1, 2001 through November 30, 2002, 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 whtten amendments, change orders or other modifications to this Contract. Scope of Services to be Performed by the Agency: The Agency shall perform those services and reporting activities as described in Exhibit A and Exhibit C attached hereto and incorporated herein. The Agency shall furnish all equipment and supplies reasonably necessary to carry out the purpose of this Contract and shall provide the necessary funding, personnel, supervision and programs to realize the intended purpose of the Contract. No activities other than those necessary for, reasonably related to, and associated with the purpose of this Contract shall be carded out under this Contract. King County Housing Authority and the City Auburn Police Department Contract for Services Page 2 of 7 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. 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 Modiftcations, herein. 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). Employee and Volunteer Screening: The Agency assumes responsibility for screening all employees and volunteers who come in contact with vulnerable children and adults as per RCW 43.43.830 - 43.43.842, 74.15.010 - 74.15.030 or any other industry standard. Facilities. KCHA does hereby agree to provide to the Agency the following facilities for the use as the Green River Police Substation, from which program operations will be coordinated: An office in the South Area Management Office. KCHA shall provide this office at no cost to the Agency. KCHA shall pay the cost of reasonable utilities including heat, lights, water, sewer and garbage. The Agency shall be responsible for using all utilities in an energy conservative manner, including ensuring that the heat and lights are turned down/off when the space is not being utilized. Telephone service, if desired, shall be provided at the sole cost and expense of the Agency. The Agency shall maintain the facility in an orderly and clean condition, in accordance with the responsibilities outlined in Appendix 1. The Agency staff shall use only designated parking spaces. The Agency agrees to collaborate with other existing or potential on-site service providers in the development of new program activities and in the use of available on-site facilities. KCHA shall reserve the right to use any of the above areas for uses mutually agreed to. by both parties after providing written notice. The Agency will not be held liable for any area being used by KCHA. This Contract has been drafted in compliance with the Facility Use Policy of the King County Housing Authority (Exhibit I). Assignment of Cqhtraet. The Agency shall not assign or transfer any interest under any of the Contract documents without the prior written consent of the Contracting Officer. Subcontracting and Subcontractors. With respect to the performance of those activities described in Exhibit A and the use of the Green River Police Substation: King County Housing Authority and the City Auburn Police Department Contract for Services Page 3 of 7 Bo "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. "Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, equipment, or services to or for the Agency or another subcontractor. The Agency shall not enter into any subcontract with any subcontractor who has been temporarily denied participation in a HUD program or who has been suspended or debarred from participating in contracting programs by any agency of the United States Government or of the State of Washington. The Agency shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Agency. The Agency shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and KCHA or between the subcontractor and HUD. Contract Modifications. Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing and approved by the Executive Director of KCHA, or his designee, and the authorized agent of the Agency. 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 fights 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. 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. 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. If any provision of the Contract is or becomes void or unenforceable by operation of law, the remaining clauses shall be valid and enforceable. Indemnification and Hold Harmless. The Contractor hereby agrees that, to the fullest extent permitted by law, it will defend, indemnify and hold KCHA and its employees and agents (the "Indemnitees") harmless from and against any and all claims, losses, damages and expenses, including attorneys fees incurred with respect thereto or in enforcing this indemnity, which in any manner arise out of or in connection with, or result from: A. The work to be performed pursuant to this contract (the "Work"), or B. Any act or omission of: (i) (ii) (iii) (iv) The Contractor; Any subcontractor, sub-subcontractor, or supplier engaged with respect to the Work; Any other party acting at the direction, at the request or under the control of the Contractor with respect to this contract or the Work; or The officers, directors, partners, employees or agents of any of the foregoing, or the successors in interest of any of them. For purposes of this Indemnity, the Contractor waives its immunity under industrial insurance, Title 51 of the Revised Code of Washington, and acknowledges that this waiver has been negotiated by the parties for the purposes of this agreement. The Contactor hereby agrees to require all its subcontractors or anyone acting under its direction or control or on its behalf in connection with or incidental to the pcrforma~ce of this contract to execute an indemnity agreement substantively identical to the preceding one, specifically ,naming KCHA as an indemnitee, and the Contractor's failure to do so shall constitute a material breach of this contract by the Contractor. 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 Contxact 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. 11. Grievance Procedure. If available, the Agency shall provide a copy of the Agency's written client grievance procedure to KCHA within fit~een (15) days of the execution of the Contract and shall make copies of the client grievance procedure available to clients, if requested. Integration and Merger. This Contract, including attachments and documents incorporated herein by reference, constitutes the entire agreement between KCHA and the Agency related to the subject matter of this Contract. The rights and remedies afforded to either party pursuant to any part or provision of this Contract are in addition to any other rights and remedies afforded by any other parts or clauses by this Contract, by law, or otherwise. 12. Notices.. Any notices required or permitted by this Contract shall be in writing and shall be either personally delivered or sent by first-class mail, certified with return receipt requested, and addressed to the parties as follows: If to KCHA: Mike Reilly Housing Operations Manager King County Housing Authority 600 Andover Park W Seattle, WA 98188 If to the Agency: Peter B. Lewis Mayor of the City of Auburn 25 West Main Street Auburn, WA 98001 King County Housing Authority and the City Auburn Police Department Contract for Services Page 6 of 7 IN WITNESS WHEREOF, the parties signing this Contract warrant and represent for themselves and for their respective organizations that they are duly authorized to sign this Agreement, and that upon such signing their respective organizations are bound thereby. KING,COUNTY HOUSIN~/~UTHORITY Stephen'~. No, an Executive D~/ector 600 AndovJr Park West Seattle, WA 98188 DATE: ..,~'/2-- (,,/OZ-- / / CITY OF AUBURN P~TMENT Peter B. Le~wis Mayor of the City of Auburn 25 West Main Street Auburn, WA 98001 Appr, s r Dah._j,.efa~/B. '$ic~ie]-~~ t/ .... ~. City Attorney ~_ 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 I, 2000 to November 30, 200I Total Contract Value: $58,000.00 Provision of Services: The Agency shall famish the residents of the King County Housing Authority communities of Green River Homes, Firwood Circle and Burndale 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 ail Federal, State and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection herewith. KCHA may, subject to the provisions contained in Form HUD-5370-C (5/92), by written notice of default to the Agency, terminate this Contract for (a) acts by the Agency outside of the scope of described services or (b) failure to perform any of the services or reporting activities specified in this Contract. SCOPE OF WORK TO BE PERFORMED BY AGENCY: The Agency shall furnish the residents of Green River Homes, Firwood Circle and Burndale Apartments, drag 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