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