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HomeMy WebLinkAbout2548 1 RESOLIITION NO. 2 5 4 8 2 ' 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, . WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY -OF AUBURN TO EXECUTE A KING. COUNTY HOUSING OPPORTUNITY 4 INTERLOCAL COOPERATION AGREEMENT TO IMPLEMENT THE CITY'S 5HOMELESS FAMILY STABILIZATION PRpJECT WHICH IS PARTIALLY FUNDED WITH KING COUNTY HOUSING OPPORTUNITY FUNDS. . 6 7 WHEREAS, the City of Auburn is desirous of implementing 8 its Homeless Family Stabilization Project; and 9 WHEREAS, King County established the King County Housing 10 Opportunity Fund ("HOF") and has agreed to appropriate a 11 Portion of such funds to the City of Auburn to be distributed , 12 according to policies and procedures established by the King 13 County Planning and Community Development Division and adopted 14 by the King County Council; and 15 WHEREAS, the County is desirous of ordering certain local 16 improvements within Ring county pursuant to RCW Chapter 82.46; 17 and . 18 WHEREAS, the County and the City are authorized and . 19 empowered to enter into this Agreement pursuant to RCW 39,34 20 to share the responsibilities of providing housing and 21 services for homeless families with children to the mutual 22 advantage of the parties hereto and the benefit_ of 'the 23 residents of King Gounty and the City of Auburn; 24 25 26 Resolution No. 2548 July 27, 1994 Page'1 _ - ~'I ' . , 4 ' , ' , . , , ` . . . , 1 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 4 RE$OLVES AS FOLLOWS: 5 Section 1. The Mayor and City Clerk of the City, of Auburn, Washington, are herewith authorized to execute a King 6. 7 County Housing opportunity_ Interlocal Cooperation Agreement. 8 The Agreement is attached, designated Exhibit "A° and - 9 incorporated by reference in this Resolution. 10 section 2. The Mayor is hereby authorized to implement 11 such administrative procedures as may be necessary to carry 12 out the directives of this legislation. 13 DATED and SIGNED this ist day of August, 1994. 14 CITY OF AIISIIRN . 15 16 17 M_A Y O R ATTEST: 18 19 ~ , 20 Robin Wohlhueter, City Clerk 21 : 22 APPROVED AS TO FORM: 23 24 Michael J. Reynolds, 25 Acting City Attorney 26 ~ Resolution No. 2548 July 27, 1994 Page 2 ~ . : , • r - KING COUNTY HOUSING OPPORTUNITY FUND INTERLOCAL COOPERATION AGR;EEMENT. -4 . This Agreentert is entered into this A.3 day of 1995 by and bdweM KiA8 CountY, washinSWn ("County') and the City of Auburn ("TfE TTY"). WHEREAS the County established de KinE County Housin8 OPPorhmit3' Fund ("HOF') by Ordinance No. 9368, as ameaded, and aPProPriatai funds thereto to be distnbuted a,ccording to policies and procxdures esta6lished b3' the Kin8 CountYPlanning and Commmmity DeveloPmant Division aad adapted by the King County Council by King County Ordinance No. 9369, as ameaded frorii tune to time. " WfEREAS the County is desirous of ordering certain local improvements within King, County pursuant toRCW Chapter 82.46. - WHEREAS the County and TfiE C1TY are authorized and empowered to enter mto this Agreement pursuant to RCW 39.34 to share the responsibilities of providing hausing and services for homeless families with childriei► to the muhial advantage of the parties hereto and the benefit of . the residents of King County. WHEREAS the County and THE CTTY are desirous of acquiring and improving certain real properiy in order to house and serve families that are homeless and whose members are residerts of unincorporated King Courty. WHEREAS the activities described in this Agreenient shall be supported' with funds fram the HOF ("HOF Funds") w}uch were appropriated in 1990 by King County Ordinance 9369, as amended. NOW,IBEREFORE, in consideration of the mutual promises herein, the parties agree as follows: . I. GENERAL AGREEMENT A: The parties agree to cooperate to acquire aad improve 126 l lth Street S.E._ - ' Auburn WA 98002. The real property and improvements (hereinafter called the "premises") to be acquired under this Agreemeart is described' in Exlubit A, attached hereto and incorporated herein. . B. The parties further agrce that'TBE CTTY shall acquire, improve, and provide the services at the Pranises under this agreement in compliance with the terms of the Project Description, the Project Budget and the Tmplementation Schedule set forth in Exhibits B, C, and D respectively, attached hereto and incorpora.ted herein by this reference. C. The King County Executive shall serve as the Administra.tor of the HOF and shall administer and disburse HOF funds pursuant to the terms of this Agrcement D. The policies set forth in King County Ordinance 9369, as an►ended from time to time sha11 govem the pmject selection process, the identification of eligible activitie's, and special needs groups and income levels forpeople to be housed pursuant to this Agreement. DOCUMENTS•ICAFORM • , • j ` t , . -Interlocal Cooperation Agreement - - Page 2 E. The term of this Agreement shaU be for thirty five years and shall begin on the Sth day of Janvarv. 1995 aad tenninate on the Sth day of Januarv- 2030. . II. USE OF HOF FUNDS A. T6e County shaU disburse to TfE CTTY, pursuant to the terms of tbis Agreement not more thaa $75_000 of HOF funds to be used according to the terms of the Project Description, the Project Budget and the Implementation Schedule set fordi oa Exhibits B, C, aad D respectively, auached hereto and incorpora#ed herein by this reference. . B HOF Funds disbursed by the County shaU be used by TfE CTTY exclusively to assist in the.acquisition of the Prmises to provide housing for homeless families with children during the term of this Agrcement. C. THE CTTY shall not use more tban 3 743 of HOF Funds for project ~ costs associated with the acquisition of the Premises. D. TBE CTTY shaU not use HOF Funds for tenant relocation or other tenant assistance. E. Disbursement of HOF Funds for acquisition and for the project management costs associated with the improvement of the Pranises shall be macie upon submission by TfE CTTY of iavoices on a form to be provided by the County. Such invoices shaU be accompanied by supporting documentation as required by the County and shaU include but is not limited to satisfactory proof of property ownership by the seller. HOF Funds shaU be fully invoiced no Later than June 30. 1995. III. TENANTS, SERVICES, AND CHARGES A. TfE CTTY shaU provide'housing and services for homeless families with children (hereafter called "Tenants-) witliin the Premises. B. TFE CTTY shaU provide services to Tenants wluch shaU include but are not lunited to: o parenting and budgeting sldlls training o group and.individual counseling o health care service referra]s. Services,will be provided on- and off-site. C. TfE CITY sha11 insure that prior to occupancy of the Preiniese that the Tenants have an income not less tan h an amount equivalent to a fulltime, minimum wage job but not more than 50% of the annual mediaa income for the Seattle-Everett Meh,opolitan Statistical Area (SMSA mediaa income), adjusted for family size, as estimated~from time to time bythe U.S. Department of Housing and Urban Development (HUD). If at atry time, HUD 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. TBE CTTY shaU verify Tenants' income from time to time as the County requests only in accordance with methods prescribed by or agreed to by the County. DOCUMENMICAFORM - 4 ~ - Interlocal Cooperation Agreement - - Page 3 , D. TBE CTTY shall maintain rent and utilities for the Preanises at a rate no greater thaa 30% of tenant income. Any inCrease in reat must be based on changes in HUD affordability standards aad must be appmved in advance in writing by the Co„uty. E. TBE CITY shall insure that 5001a of Teflants during the term of this Agrmnent shall be residents of unincorporated King Connty. TfE CTTY shall engage in outc+each and marketing efforts to meet this obligatioq provided, however, that in the event that there is a decrease in the population of uniacorporated King County such that it becomes impracticable for TBE C1TY to meet this obligation, King County aad TBE CTTY shall mcet to discuss other ways of satisfyin8 KinB County's recNireme,ats. F. Upon execution of this Agreement, TBE CTIy, sha11 provide the County with a . copy of the comprehensive management plan (the "Plan") for tlie management of the Premises. The Plan shall not conflict with the policies and procedures of the HOF as contained in King Couuty Ordinance 9369, as amended finm time to time aad,shall address, but shall not be limited to, a description of tenant rights and responsibilities, tenant selection policies, maintenance plans and schedule.s, and support services provided. G. If at any time during the term of tbis Ageenent, TBE CTTY deternunes that it is no longer feasible for it to serve and house Tenants within the Premises, 'IHE CTTY may inform the County that it desires to negotiate for the purpose of serving an alternative populatioa , consisting of HOF-cligible beneficiaries. Tbe Counfy may at its sole option exercise its rights and remedies set forth under.this agreement or negotiate this matter with TBE CTTY. The pwpose of the negotiation shall be to identify an alternative HOF4ligible population to be served within the Preanises. Such negotiation period shall not exceed 180 days. If the parties are unable to reach an agneement regarding an altemative population, TBE CTTY'sha.ll pay King County an amount equal , to fifty pe=ceat of the appraised value of the Premises. The appraised value shall be determined by a staadard.MAI appraisal conducted by an independent, licensed appraiser. Upon such paynient by the. City to the County, this Agreement shall terminate and neither party shall have furttier liability hereunder. . IV: INDEMNTTY AND HOLD HARMLESS TBE CITY shall Protect, defend, indemnifY, and save harmless tlie County, its officers, employees, and agents from any aad all costs, claims, judgments, and/or awards of damages, arismg out of or in azty way resulting from the negligent acts or omissions of TBE CTTY, its offic.er§, employees, and/or agents. TBE CTTY agraes 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, TBE CTTY, by mutual negotiation, hereby waives, as rsespects the County only, any imrnunity that would otherwise be available against such claims under the Indus- tiial l'nsurance provisions of Title 51 RCW. In the eveat the County incurs any judgment, award and/or cost arising therefromincluding attorney's fees to enforce the provisions of this article, all . such fces, expenses, and costs shall be recoverable from TBE CTTY. . V. LIABILITY INSURANCE. By date of execution of this Agreen►ent, TBE CTTY 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 TIiE CTTY, its agents, representatives, employe;es, and/or subcontractors. The cost of such insurance shall be paid by TBE CITY. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. DOCUMLNTS:ICAFORM r , . . 't , . a Interlocal Cooperation Agreement - ' - Page. 4 . A. h!QNIMUM SCOPE OF INSURANCE. . Coverage shall be at least as broad as: 1. Geaeral Liability Insurance Services Office fonn number (GL 0002 Ed. 1-73) covering COMPREHENSIVE GENERAL LIABII.ITY and Insurance Services Office form number (GL 0404 Ed: 5-81) covering BROAD FORM COMPREHENSIVE . GENERAL LIABILTTY ENDORSEMENT; -0r- . Insuraace Services Office form munber (CG 00 Ol Ed. 11-88) cavering . COMMERCIAL GENERAL LIABII.TTY. . 2. Fire Insurance Insurance Services Office form number (DP-3 Ed. 1-77) covering SPECIAL FOItM DWELLING PROPERTY INSURANCE. B. MIIiIMUM LIlVIlTS OF INSURANCE. THE,CTTY shall,maintain limits no less than, for. . L. General Liability: $1,000,000 combinetl single limit per occurrence for bodilY inlurY, Pemnal inlurY and ProPertY damage- 2. Fire Insurance:100% of replacement c,ost value. C. LIABII,TTY INSURANCE DURING BUII.DING CONSTRUCTTON. Prior to commencement of building construction and uatil construction is complete and approved by the CITY, the CTTY shall cause the construction.coutractor to procure and maintain insurance aga.inst claims for injuries to persons or damages to property wluch may arise'from, or in connection with the activities related to tlus Agreenent, of the CTTY, its agents, representatives, employees, and/or subcontractors. The CTTY shall be a nazned or an additional insured on all policies. The cost of such insurance shallbe paid by the CTTY and/or azry other of the CITY's subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. 1. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as: . a. General Liability Lmrance Services Offce form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILTTY: DOCUMENTS:ICAFORM . . a ' t e - InterTocal Cooperation Agreement - Page 5 - , . -or- • Insurance Services Office form number (GL 0002 Ed. 1-73) covering COMPREHENSIVE GENERAL LIABII,ITY and Insurance Services Office form rnumber (GL 0404 Ed. 5-81) covering BROAD FORM COMPRIIHENSIVE GENERAL LIABILITY ENDORSEMENT; , b. Products and Completed Operations ' THE CITY shall procure and aiaintain, during the life of this Agreement, Products and Completed Operations coverage for the protection against bodilY mJurY and PI'oPertY danmp cla,ims arising from this ha7ard, at a limit acceptable to the County. . c. Automobile Liability . Insurance Services Office form number (CA 00 01 d. 12-90) covering , BUSINESS AUTO COVERAGE. symbol l"aay 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 Agreeznent either directly or indirectly iavblve 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 TBE, CITY will.obtain a builder's risk policy (Insurance Services Offices form number (CP-00 02 Ed. 10-90) BUILDER'S RISK COVERAGE FORIVI covering 100% of the replacement value of the . building/structures. - f. Worker's Comp,ensation Worlcers' Compensation coverage, as required by the Industrial Insurance ~ Act of the Stabe of Washingtoq as wellas any similar coverage required for this work by applicable Federal or "Other States" State law. g• StoP GaP, EmPloyers Contingent Liability 2. MNIMiJM LIMITS .OF INSURANCE. TI~ CTTY shall maintain limits no less than, for: a. General Liability: $1,000,000 combined single limit'per occur- rence for bodily injury, personal injurY and ProPertY damage• b: Products and Completed Operations: $1,000,000. DOCUMENTS:ICAFORM • . ~ . Interlocal Cooperation Agreement - - - Page 6 , c. Automobile Liability: $1,000,000 combined single limit per accident for bodilY inJurY and. ProPert3' dump• d. Pmfessional Liability, Ernors & Omissions: $1,000,000. e. Builder's Risk Insurance: 100% teplacer►ent cost value. f. Worlcers Compeasation: Statutory requirement.s of the State of residency. g. Stop Gap or Employers Liability Coverage: $1,000,000. D. DEDUCTIBLES AND SELF-INSUItED RETENTIONS: Atry deductibles or ' self-insured retentions must be declared to, and apProved by, the County: At the - option of the County, the insured shall in.struct the insurer to reduce or eliminate such deductibles or self-insured retentions as respects tbe County, its officers, officials and employees. The dedudible and/or self•insured retention of the policies shall not limit or apply to TFIE C1TY's liability to the County and shall be the sole responsibility of TBE CTTY. E. OTI-MR INSURANCE PROVISIONS. The insurance policies required 'm this Agreement are to contain, or be endorsed to contain the following provisions: 1. General Liability.Policy, a. the County, its officers, officials, employees and agents are to be covered as insureds as =eespects: liability arising out of activities perfornied by or ` on behalf of THE CTTY in connection with this Agreement. b. To the extent of 1liE C1TY's negligence, TfE CTI Y's insuraace coverage shall be primary insurance as respects the County, its officers, off cials, employces and agea►ts: Any iasurance and/or self-insurance maintained by the County, its officers, officials, employees or agents shall not contnbute with the Named Insured's insurance or benefit the Named Insured in airy way- c. TBE CTI'Y'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. Fiie Insuraace Policy. The policy shall include the the County as an insured in the amount equal to their interest, as their interest may appear. 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. ACCEPTABILTTY 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 miaimum surpluses the equivalent of Bests' surplus size YIII. DOCUMENTS:ICAFORM • f • J Interlocal Cooperation'Agreement - - Page 7 . ff at any time of the. foregoing policies shall be or become unsatisfactory to the . Cowity, as to form or substaace, or if a comPanY issuinS any such policy shall be or become unsatisfiactory to the County, THE CITY shall, upon notice to tbat effect from the County, PromPdy obtain a new policy, and shall submit the same to the County, with the appropriate cerkific,ates and endorsemexits, for approval. 0. VERIFICATTON OF COVERAGE.:. TBE CTTY shall furnish the County with certificate(s) of insuraace and endo't(s) required by this Agreeneat. The certificates and endorsements for eacli insurauce policy are to be signed by a, person authorized by that insurer to bind coverage on its; behal£ The certificate.s and endorsements for each insurance policy are to be on foims pravided or aPProved by the County and are to be received aad aPProved bY the CommtY Prior. ' to the commencement of activities associated with the Agreement The County feserve.s the right to require complete, certi£ied copies of all required insurance policies at azry time. H. . PROVISION FOR INCRF.ASE OF COVERAGE. To easure that appropriate ' msu*ance is cariied by 1BE CTIY, the County at its sole option may adjust these insurai►ce recNirements everY three (3) Yeaz's, the f rst adjustcnent to occur three `(3) years after the beginning of the terin of this Agreement. Such adjustments shall,not be greater thaa amounts customanly required by King County ia . Agreecneats of similar character. VI. MUTUAL RELEASE AND WANER To the extent a loss is covered by insurance in force, the County and TBE CTTY hereby . mutually release each other from liability and waive all right of recoyery against each other for any loss from perils insured againsE under their respective fire insurance policies, including any - extended ooverage endomments hereto; Provided, that this PamgraPh of the agrcement shall be inapplicable if it would have the effect of invalidating any insurance coverage of the County or the TfE CTTY. VII. COMPLIANCE WITH LAWS AND REGULATIONS, TAXES, AND FEES. A. In carrying out this Agreement, TFE CTTY shall comply with all applicable laws, ordinances, and.regulations wluch have been or will be promulgated by anyand all authorities having jurisdiction. TFE CTI'Y specifically agrces to bear the risks of such laws, ordinances, and regulations, and to pay all costs associated with achieving compliance without notice from the County. TFIE CTI'Y shall pay all license fees and all federal and state taxes on the Premises, improvemeats and equipment, and all licensing fees for vetiicles or other lice.osed equipment to the extent that the parties are subject to such taxes and fees. TBE CTTY shall PaY all Pemut fees, including but not limited to laad use, building, constructioq health, sanitation and business pernut fees. The County shall not in azry case be held liable for any taxes and/or fees owing to any person due to TfE CITY's ownership, operation, use and/or possession of the Premises. TBE CTTY shall apply for all appropriate tax exemptions, and neither this paragraph nor any other pravision of this Agreement shall be conshued as a waiver or relinquishmerrt by the parties of any tax exemption available to it. B. TEE CTTY shall at all times comply with all 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. TfE CTTY shall be solely responsible for the cost of aIl relocation benefits required by law. At no time shall the County be responsible for the cost of such benefits. DOCUMENTS:ICAFORM • ' • ' I , , . - Interlocal C.ooperation Agreement - Page 8 . . VIII. RECORDKEEPING AND REPORTNG A. TfE CTTY shall keep and maintain all records as the County inay from time to time' reasonabl3' recluire, including, but not limited to, iecords pertaining to ttie acquisition,. . rehabilitation and operation of the Premises, the provision of sevices for re.sideaits and records pertaining to Tenants' annual income. The County shall : have access upon reasonable natice to any and all of TT~ CITY's records at any time during the coiuse of the rehab~tation and operation of the Premises: . ' B. . TBE C1TY shall submit an annual report to King County's Planning and Commu- nity Development Division vvithin 60 days of the close of each calendar year. This annaal report shall include information per~ to the Twants, including mwmbers served, age, ethnicit3', gender, inctime; and' inforniation pertaining to TfE CTI'Y, iacluding TfE C1TY's annual=eport of activities, an audited 5nancial stateanent and ferleral fax return aad a list of names and addresses of cunent board members aad officers. TBE CITY sliall also submit additional reports which the . County may from time to time reasonably require. X. NONDISCRIldINATION . A. Ceneral 1. During the performaaceof this Agceement, neither TfE CTTY nor any , parly subcontracting under authority of this Agreement shall discriminate on the basis of race; color,.sex, religion, nationality, creed, sexual orientation, marital status,_age, or the presence of any ' sensory, mental or physicai disability in employment or application for employment or in the adnunistration or deliyery of services or any other benefrts under this Agreement. TfE C1TY shall comply`fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prolubit such discrimination. These laws include, but are not limited to, RCW 49.60, Tifles VI and VII of the Civil Rights Law of 1964, Section 504 of the Rehabilitation Act of 1973, as ameaded, Executive Order 11246 issued by the President of the United Staies. 2. TfE CTI'Y shall consult and cooperate fully with the County, the Washington State Human Rights Commission, the Equal `Employment Oppominity Commission -and other appropriate federal, staxe and local agencies in ensuring its full compliance with the laws against discrimination. TBE CTTY shall consult the Compliance Unit of the King County Office of Civil Rights and Compliance for inforn►ation and technical assistance and/or for referral to other agencies for assistance. 3. In the event of noncompliance by TfE CTTY with any of the nondis- crimination provisions of this Agreement, the County shall have the right, at its option, to terminate ttus Agrcemenf ia whole or in part. B. Employment 1. TfE, C1TY shall not discriminate against any employee or applicant:for employment due to race, color, sex; religion, nationalify, creed, sexual orientation, marital status, age, or the presence of any sensory, mental or physical disability in any employment practice including, but not limited to, hiring and firing, layoffs, upgrading, demotion or Lansfer, recnutment nocurExMir.,AFoxM ' ~ . , . _Interlocal Cooperation Agreement - Page 9 , or recnuitinent advertising, rates of pay or other forms of compensation, tra,ining or any other tenn, conditian or practice of employment. 2. TfE CTTY shaU give notice of its nondiscrimination policy and obligation in all solicitations or advertisements for employees, aad will send to each labor union or represeatative of workers with which it has a colledive bargaiaing agrceaneat or other understanding a notice of the commitnmts under this section. .'3. THE CTTY shaU comply with all applicable federal, state aad local laws aad regulation§ regarding nondiscrimination in employment and shaU develop and implmcnt such affirmative actioa plans and reporting procedures as may be required, including those required by the County. . . ` 4. During the performaace of this Agreement neither TBE CTTY nor any . party subcontracting under the authority of this Agreement shaU engage in unfair employment , piac,tices as defined by King County Code, Chapter 12.18. It is an unfair employment practice for anY. . a employer or labor organization to discriminatie against anY Pcrson with respect to refenal, hiring, tenure, promotion terms, conditions, wages or other privileges of employment; b- emPloyment agenc3' or labor organization to discriminate against - - any Person with respect to memberslrip rights and privileges, admission to or participation in any guidance program,. apprenticeshiP tainin8 Prograin, or ottier occupational training program; c. employer, employment agency, or labor organization to print, ° circulate, ar cause to be printed published or circulated,`azry statement, advertisement or publica tion relating,to employment or membership, or to use any.form or apPlication therefor, which indicates any discrinunation unless based upon a bona fide occupation qualification; ' d. employment agency fo discriminate againA 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 K.C.C. 12.18 or because that person made a charge, testiSied or assisted in any inanner 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 cirwilating azry nevvspaper, magazine or other written publication to print or cause to be printed or circulated any advertisemeat with lmowledge that the same is in violation of King . County Code Chapter 12,18.03 0(c), or to segregate and separately designate advertisements as . . applying only to men and women unless such discrimination is reasonable necessary to the nonnal operation ofthe particular busiaess, enteiprise or employment, unless based upon a bona fide occu- pational qualification; g. employer,to prohibit any person from spealcing in a language other than English in the workplace uuless: . .(1) the employer can show that requiring that employees speak English at certain times is justified by business necessity, and DOCUMENTS:ICAFORM , . Interlocal Cooperation Agreement - - Page 10 (2) the employer informs employees of the requirement and the consequences of violating the rule. rf rhe TBE crrY fi& to coxnpiy witt► xing counLy c«de cnapter 12:18, then TBE CTI'Y shaU be subject to the procedures and penalties set forth therein. C. Program and Services 1. TBE CTI'Y, or any subcontracting authority under this Agreement, agrees not to discriminate on the basis of race, color, sex, religioq nationality, creed, sexual orientation, maritat srtatus, age, or the presence of atry mental, physical or sensory disability in the access to, or in the provision and adiriinistration o~ any pregcam or activity under this Agreenent. 2. °Discrimination" includes but may not be limited to 1) denial of services or benefits, 2) segregation, separate or different twbnent or benefits, 3) utilization of adminis- trative criteria or rnethods that have the effect of discrimiaatory trratment. This obligation includes taking aff raiative steps to make programs and services available and accessible to the disabled. D. Minority/Women's Businesses Unless waived, TBE CTTY shall fiilly comply with the provisions of King Counfiy Code, Chapter,4.18 in conducting the unprovement of the properties of the Project described ia this Agreement. Failure by TfE CITY to comply with azry requirements of this Chapter shaU be a breach of this Agreement. E. Subcontracts and Purc;hases TBE CITY shall include this Section IX in every subcontiact or purchase order for goods or services which are the subject of this Agreeanent. X. ASSIGNMENT , 1BE CITY: shall not assign this Agreement in whole'or in part or subcontract any ofthe terms of tlus Agrcement.without the prior written consent of the County. Any request for assignment, transfer, or subcontract shaU be made in writing, shall state the party to whom such transfer shaU be made and the PuiPose of such traasfer. M. BREACH/DEFAULT A. No waiver of a b=each of any provision hereof shall be deemerl a modification of the terms of this Agreement, nor shaU such waiver be deemed to waive any other or subsequent breach of this Agreement. B. . ' In the event TF.E CITY fails to observe or perform any of the provisions of this Agreement, that failure havuig continuedfor thirty days after the County gives written notice to cure such failure to TBE CTTY, `IT-E CI'I'Y shaU be deened in default of this Agrecment; provided however that if the nahire of the default is such that more thaa thirty days are reasonably required for its cure, then TBE CTTY shall not be deemed in default if it commences such cure within such thirty-dayperiod and diligently pursues such cure to completion within 180 da.ys. DOCUMENTS:ICAFORM Interlocal Cooperation Agreement - - Page 11 . , C. Notwithstanding anything herein to the contrary, in the eveat of a default by TfE CTTY under this Agreanent, the County shall be enUtled, upon notice, tfl liquidated damages as defined in Section XII, below. D. The reanedies set fo=th herein shaU not be the exclusive remerlies available to the parties. Each party shaU retain all rights which they otherwise would have at law or ia equity. . E. The rmedies set forth herein shaU be rumulative and the parties may eacercise one or more of the said remedies and shaU not lie deemed to have ele,cted any re~nerly to the exclusion of other remedies. XII. LIQUIDATED DAMAGES. Default of THE CTTY or any failure of TfE CTTY to perform any conditions of this Agreement that are not cured as provided herein sball result ia the litrutation of the availabiliiy of housing and services for homeless farnilies 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 TFE CTTY, therefore, agree that in the event of TFE CITY's failure to perfonq the damages incurred by the County shaU be fi&y percent of the appraised value of the . P=emises. The appraised value shaU be determined at TBE C1TY's expense by an appraiser satisfactory to the County. Couniy and 1BE CTTY agree that 1BE CTTY shaU 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 fuilt or negligenceof TfE CTTY. Such causes may. . ' include, but are not restricted to, acts of God or of the public eneany; acts of any governmmt body acting in its sovereign.capacity, war, explosions, fires, floods,, epidemics, quarantine, restrictions, ' strikes, freight embargoes and unusually severe weather. Upon payment of such sum, neither party shaU have any further liability hereunder. ML NOTICE Any notice required to be given by either party to the other shall be deposited in the United $tates mail, postage prepaid, addressed to the City of Aubum at 25 West Main Street; Auburn - WA, 98001, or to the County at King County Planning and CommunityDevelopmenrt Division, 707 Smith Tower Building, 506 Second Avemie, 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. T6is Agceement shaU be binding upon the parties hereto, their heirs, successors, and assigns. B. TBE CTTY hereby represents that the person signing below has full authority to execute this Agreement and to bind TBE CTTY as set forth herein. C. ff any term or provision of this Agrement or the application of aay terni of this Agreerient to any person or circumstance is invalid or unenforceable, the ranaiuder of this Agreement shaU not be affacted thereby and shall continue in full force and effect. . , D. This Agreement shaU be effective upon signature by both parties following aPProval by their goveming bodies. . DOCUMENTS:ICAFORM Interlocal Cooperation Agreement . Page 12 . E. This Agreement and Exhibits A through D attached hereto, constitute.tfie entire agreenent between the parties,with regard to the sabject matter thereof. This Agmement supersedes all prior negotiations and no modification or ameadment to this Agrcemeirt shall be yalid unless in writin8 Signed' bY botl'► Pazties F. TfE CITY aad the County agr'ee to execute such additional documents during the term of the Agreenent as may be necessary to effectuate the intent of the parties and the purpose of :ttus Agreen►ent. G. I~ by reason of aay de&ult or breach on the part of either parly in the performaace of any of the provisions of this Agreement, a: legal action is insGituted, the losing party ` ag= to pay all reasonable costs and attorney's fees in connection therewitli: It is agreed that the venue of any legal action brought under the tenns of this Agreement shall be King County. H. This Agreaneat is for the bene6t of the named parties only and no tbird party shall have any rights thereunder. 1N: WITNESS WHBREOF, the parties hereto have hereunto set their hands the date first above written: . CITY OF AUBURN KING COUNTY, WASHINGTON _ BY BY Loc . . Charles A. Booth Gary Mayor Executi' AITEST: ' Robin Wohlhueter,.City Clerk APPROVED AS TO FORM: APPRO D AS TO FORM: . B BY Michael J. Reyiio ds D u Prosecuting A_ rney , . Acting City Attorney - , DOCUMENTS:ICAFORM ' , . ' Interl_ocal Cooperation Agreement Page 13 STATE OF WASHNGTON) ) ss COUNTY OF KING , On tlkeR!~ day of 19~ ore me the undersigned, a Notar Public in and ' for the S te of Wallh4ingtQn, duly commissi and sworn PersonallY aPPeared 4 • E~ro ~ (Mt e. to me bxwn to be the MR ~cKOP C er . og the - a v corporation dat execated the foregoing iastivment, ~nd aclcnowledged: ; - tfie said ifistrinnent . to be the frce and voluntary act ~d _ of said corporation, for the uses aad purposes therein inentioned, and on oath stated that authorized to execute the said insiument and that tlie seal affuced is the corporate seal of said corporation. . G_ under rq!~ hand and official seal this ,-2 -2:~ day of N TARY PUBLIC in and r the State ~ . : of Washington residing at . " l~ . • .-~h::. Z J'-ys ` ~ . STATE OF WASHINGTON) ~ COUNTY OF KNG ) ` ,Q~ ~,1'~~. , V`~ ~ • . . . On this daY PersotiaflY aPPeared before me to ine laiown to be the Executive of King CouM! Washington, the person who signed the above . andforegoing instrument for King County for the nses and purpose.s thereia stated and aclmowledged to me tbat lie signed the same as the free and voluntary act and deed of King County - and that he was so authorized to sign. . GIVEN and official seal this Z3 ~ day of ~ ~=n~ . j9 . a DEGpn~'v ~ , ✓ _ ~~SS10N F~,AiF,P a~ NOTAR LIC in aaCfor the Sfate ;Cp~N p T A R y~N'; ~ of Washington, residing at - - - . . : ~~:.~pUBL\Clcb;= ~ ~ .o 71 • pi 9~~; •.F 30,y1.e' c, - aubl.doc 12/994 ~F WASN DOGUMENTS•ICAEORM " Interlocal Cooperation Agreement - Page 14 . . - . . ' EXHIBIT A LEGAL DESCRIPTION - . , Lot 22; B1ock 5, Harts First Addition locatsd in the City of Auburn, County of King, Washington, as recorded in Volume 20 in the Records of Plats, Pa$e 23, for King Connty, Washington. DOCUMENTS:ICAFORM - Interlocal Cooperation Agreement ° Page 15 , EIMIT B _ PROJECT DESCRIPTION - : The City of Auburn will acquire and install a,prefabricated single-storY, 3~droo~n, single familY home to serve homeless families witb children. The liome will be situated on City-0wned:land located at 126 l lth Stceet, S.E., Auburn WA, 98002. Preparation of the site, foundatioa and - ~ landscanB will be comPleted bydisadvanta8ed 3'outh tlimugh a Staxe fiided eanployment ttaining : Progiiwn. Youthbuild. The' City of Aubuin will own and operate the pre,mises as supgortive housing. Families will be - se_rved from two to 3hree years a; the facility, with the gaal of moving the families into perinanent housii~g: The City wiIl also provide services designed to stab~lize families, iacluding but: not littrited to referrals for support servic,es, case managemeat; employment counseling and budgeting. . ~ The facility will be occupied in July, 1995. , DOCUMLNTS:ICAFORM ° IntierTocal Coopgration Agreement • Page 16 . ' ' ' E7MIT C I~OF PRO C~T B 'pGET BvnM svMMARx Bndpt Categories YYOF Other Ftimds _ Acqaisitinn of Real Pmperty/land $ $ 39A0 ,A%quistia~ of Yteal PropertY/ Prehbricated Eloo $ 62.447 $ 2605 , cont~ $ 4.015 $ 4163 - peyvppment Costs $ 4_647 $ 3.345 prpject Mmagmnent S 3_743 $ 7_039 TOTAI.S S7_4J52 ~ j. 74.$SZ . Other Sources of Fuads: Applicamt 1, City of Anburn S74.1952 T4TAL OTHER SOURCES $ 74,SS2 , . ~.1•'. . . • . Interlocal Cooperation Agreement Page 17 ' . EXHIBIT D , IMPLEMENTATION SCHEDUI.E , Mile.stone§ Completion Date Ld out bid for 7aauary, 1995 'consaudiom of single _ family home . , Complefe drawings and February, 1995 sPecifications Obtain permits March, 1995 Begin construction ApriL 1995 Complete construction MaY, 1995 Certificate of Occupancy June, 1995 Relcased Occupancy July,1995. DOCUMENTS:ICAFORM : , - ' . . , . . ~ . . May 27, 1993 INTRODUCED BY LHRISfUPHEH YANCE csm\127 . pROPOSED N0. 9 4- 408_ 1 MOTION N0. 93J 6. 2 A MOTION authorizing the King County Executive to enter into an interlocal.eooperation agreement , g with the,City of Auburn in order to implement a loa-income housing project funded with King ~ 4 " County Housing Opportunity Funds. 5 NHEREAS, the 1994 King County Comprehensive Housing Affordability g Strategy, adopted by the King County Counc9l on September 1, 1993 and approved I -by ths l;r.itec! Sta:es ucNartme,it oT Housing and Urban Development, identifies g over 69,128 low-income households in need of housing assistance and outlines g strategies and housing production goals to address these needs, and ' 10 MHEREAS, the King County Housing Opportunity Fund was established in t1 '1990 to assist with the deVelopment and preservation of affordable housing for 12 the county's homeless, displaced, and special needs groups, and 13 . IrHEREAS, a proposal by the City of Auburn has been selected for funding ta with Housing OpportuM ty Funds in accordance with council-approved guidelines, 15 and 16 WHEREAS, an lnterlocal cooperation agreement will regulate the use of ~ , 17 property acquired and improved by the City of Auburn with funds from the ' 18 Housing Opportunity Fund for the useful life of such property, and 19 , 20 , 21 , 22 . . , - 23 24 25 26 27 . 28 29 30 31 32 ( . . , i . i . . . . . . . - 933 6 ~ WHEREAS, King County and the City of Auburn are authorized.to enter into 2 such an interlocal cooperation agreement pursuant to RCW 39.34; . 3 NOW, THEREFORE, BE IT MOVED by the-Council of King County: q The K9ng County executive is hereby authorized to enter into an 5 interlocal cooperation aQreement wi:th the C;ty of Auyur:a €or a Housing ,Ig Opportunity Fund pro3ect which has.been selected in 1994 in accordance with 7 the policies and procedures specified in Ordinance 9369, as amended. The . g interlocal cooperation agreement will be substantially in the form of g Attachment A and will reflect the nature of the project and the specific lp amount of funding. This project is $75,000 for development of transitional 11 housing for homeless famil~~ 12 PASSED this day of 194. KING COUNTY COUNCIL 13 ,i'assed by a vote ot KING COUNTY, WASHINGTON 14 ' 15 P ,s chair . 17 ATTEST: 18 19 Clerk of the Council. 20 21 ' 22 23 Attachment: 24 A. Interlocal Cooperation Agreement 25 26 27 , ' 28 29 30 31 32