HomeMy WebLinkAboutValley Cities 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, here after referred to as the "CITY"and with the Valley Cities
Counseling&Consultation,a non-profit corporation organized according in the laws of the State of
Washington,whose address is 325 West Gowe Street, Kent,WA 95032 hereinafter referred to as
"VCCC"
In consideration of the covenants and conditions of this AGREEMENT,the parties hereby agree as
follows:
1. GENERAL DESCRIPTION of the PROJECT
The CITY and VCCC want to provide homes for families(hereafter called"TENANTS"),affordable
housing and the social supportive services necessary to create and maintain a stable living
environment for the TENANTS'family to become self sufficient.
The CITY owns a three bedroom,single family prefabricated housing unit on a city owned lot located
at 126 11th Street SE,Auburn,Washington("HOUSE"). This house Is equipped with appliances.
The City will provide and maintain the HOUSE through the combination of a Community
Development Block Grant and a grant from the King County Housing Opportunity Fund. Funding for
the said project depends upon contractual arrangements between the parties. VCCC will manage
the property,collect rent, make arrangements for routine repair and maintenance and provide the
TENANTS with social and supportive services. The TENANTS will rent the HOUSE for a period not to
exceed twenty four months. A portion of the net rental income will be deposited into an interest
bearing, operating reserve fund(herein called the"RESERVE FUND")to be used to assist the family's
continues residence in the HOUSE and/or their successful relocation to an affordable residence of
their choice.The TENANTS shall be entitled to any remaining balance of the RESERVE FUND less any
charges for unpaid expenses and/or repairs, upon the termination of their lease.
2. SCOPE OF WORK
a. City of Auburn
1. Insurance: The CITY will insure the HOUSE including coverage for CITY
owned contents. Insurance for TENANT owned contents are the
responsibility of the TENANT
2. Repairs prior to Initial TENANT occupancy The CITY authorizes VCCC to
arrange for or make any necessary repairs required to make the HOUSE
ready for occupancy. This includes replacing non-working appliances,
external and internal cosmetic repairs,repairs to the roof or structure
identified in pre-occupancy inspection. VCCC will provide the CITY with
copies of all inspections prior to beginning work and once work is
completed.
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3. Major Repairs: The CITY authorizes VCCC to arrange for or make any
necessary repairs pending notification prior to start of work. The CITY
will provide funds to VCCC up to$5,000 annually for repairs. Making
any such major repairs does not waive the CITY's right to recover its
costs from the party or parties who may be responsible for causing such
damage which required repair
b. VCCC.
1. Property Management:VCCC will manage the CITY's property by
providing services that include collecting rent,coordinating or providing
repairs and maintenance and administering the collection and
disbursement of rental receipts.
2. Social and Supportive Services: Social and Supportive services will be
provided and/or coordinated by the VCCC housing program or other
VCCC programs from which the TENANT is an active participant. Basic
services provided by VCCC will include the following:
3. Development of an individual action plan to help with identified needs
and accessing appropriate resources to maximize long term success.
This may include needs related to,employment,education,healthcare,
housing or other identified needs.
4. Helping TENANTS access mental health,chemical dependency services
or crisis services as needed,either through VCCC service delivery or
assistance with accessing needed services from other resources.
5. Providing Information and referrals to a wide variety of community
resources such as local food banks,clothing banks, parenting support
groups, anger management groups and other classes or information for
identified needs.
6. Provide referrals to assistance for basic health or nutritional resources
as needed.
3. TENANTS AND CHARGES
a. VCCC shall insure that prior to occupancy of the HOUSE that the TENANTS have an
income not more than 50 percent of the annual median income for the Seattle-Everett
Metropolitan Statistical Area, adjusted for family size as estimated by the US
Department of Housing and Urban Development(HUD). If at any 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.
b. The CITY shall verify the TENANTS income at least annually in accordance with methods
prescribed by HUD or King County
c. VCCC shall charge and collect rent for the HOUSE at a rate of no more than 30 percent
of the TENANTS net income.Any increases In rent must be based on changes in HUD
affordability standards and must be approved in advance y the CITY TENANTS failure to
pay rent may become grounds for eviction from the HOUSE.
d. VCCC shall insure that during the term of this agreement 50%of the TENANTS shall be
residents of the city of AUBURN.
e. Prior to entering the HOUSE,TENANTS must sign a lease prepared by VCCC that has
been approved by the CITY
4. COMPENSATION.
a. An amount not to exceed 15%of the gross rental receipts will be paid to VCCC for
property management. In the event that the TENANT does not or cannot pay the rental
price and there is not sufficient funds In the RESERVE FUND to pay the rent,VCCC agrees
to waive or pro-rate the fees for the period of non-payment or underpayment.
S. OPERATING COSTS AND DISBURSEMENT OF NET RENTAL PROCEEDS.
a. Operating Costs: The following will be considered as an operating expense and
deducted from the rental proceeds.
1. Water and Sewer utility services
2. Garbage Collection
3. Routine Maintenance and pest control
4. Property management fees
b. DISBURSEMENT OF NET RENTAL PROCEEDS.After the above operating costs are
deducted from the rental receipts,net rental proceeds will be disbursed as follows.
1 50%will be held In reserve by VCCC for repairs and/or eventual replacement of
the property. Any balance at the end of this AGREEMENT will be returned to
the CITY
2. 50%will be held in an interest bearing account for the purpose of creating and
maintaining the RESERVE FUND.
6. OPERATING RESERVE FUNDS.
A RESERVE FUND will be created by VCCC from the net rental proceeds as described in the
above section to insure that the TENANTS can:
a. Stay in the house in the event of non-payment or under payment 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 residence of their choice upon the expiration and
or/termination of their lease unless such termination results in an eviction.
7 QUALITY OF SERVICE.
VCCC shall be responsible for the professional quality,technical accuracy,timely completion and
coordination of all services performed by VCCC under this AGREEMENT VCCC shall without
additional compensation,correct or revise any errors,omissions or other deficiencies in its
reporting or operations. VCCC shall perform its services according to the generally accepted
standards for social work.
Any approval by the CITY under this AGREEMENT shall not in any way relieve VCCC of
responsibility for the technical accuracy and adequacy of its services. Except as otherwise
provided herein, neither the CITY's review, approval nor 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.
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8. INDEMNIFICATION/HOLD HARMLESS.
VCCC agrees to defend, indemnify and hold harmless the CITY, its elected and appointed officials,
officers,employees,subcontractors and agents from any and all claims,demands and/or causes
of action of any kind or character whatsoever arising out of or relating to VCCC, 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 VCCC, its employees,subcontractors,agents including the
TENANTS,or representatives and arising out of its performance of this AGREEMENT
In the event that any suit or claim for damage is brought against the CITY as a result of VCCC and
their respective officers,agents,TENANTS,subcontractors,or employee's performance,or lack
of performance,of their duties within the scope of this AGREEMENT,VCCC shall 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 orjointly against the CITY and VCCC and their respective officers,agents,
subcontractors,or employees.VCCC 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 shall
survive the expiration or termination of this AGREEMENT
9. INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that VCCC 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 parties agree
that this AGREEMENT may not be assigned in whole or in part without the written consent of the
CITY
10. INSURANCE.
VCCC 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 VCCC, its agents,employees or
subcontractors, under this AGREEMENT VCCC agrees to provide comprehensive general liability
insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS($1,000,000)
combined single limit per occurrence for bodily injury, personal injury and property damage.
VCCC shall also provide and maintain professional liability coverage including errors and
omissions coverage in the minimum liability limits of ONE MILLION DOLLARS($1,000,000)
combined single limit per occurrence 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 VCCC under the terms of this AGREEMENT, by VCCC,its employees,agents
and subcontractors.VCCC's general liability 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 shall be excess to VCCC'S
insurance and shall not contribute with it.
Each insurance policy required by this section of the AGREEMENT shall be endorsed to state that
coverage shall 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 VCCC 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. NONDISCRIMINATION.
A. General
1. During the performance of this AGREEMENT, neither VCCC,nor any party
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 physical handicap in employment or application
for employment,or in the administration or delivery of services or any other benefits
under this AGREEMENT
VCCC 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.
1 VCCC 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.VCCC 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.
2 In the event of noncompliance by VCCC 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. VCCC 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 or other forms of compensation,
training or any other term,condition or practice of employment.
2. VCCC shall give notice of its nondiscrimination policy and obligation in all
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. VCCC 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 CITY and King County.
4. During the performance of this AGREEMENT,neither VCCC, 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
therefore,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;
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 VCCC fails to comply with King County Code
Chapter 12.18,then VCCC shall be subject to the
procedures and penalties set forth therein.
C. Program and Services
1. VCCC,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,VCCC 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 VCCC to comply with any requirements of this Chapter shall be a
breach of this AGREEMENT
E. Subcontracts and Purchases
VCCC 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) VCCC shall keep and maintain all 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 VCCC records at any time during the
term of this AGREEMENT
(b) VCCC shall 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) VCCC agrees that any and all documents, records, books, specifications, reports,
estimates,summaries and such other information and materials as VCCC may have
accumulated, prepared or obtained as part of providing services under the terms of this
AGREEMENT by VCCC,shall belong to and shall remain the property of the CITY OF AUBURN.
(d) VCCC 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 VCCC further agrees that the CITY may inspect any and all documents held by
VCCC 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) VCCC also agrees to provide to the CITY,at the CITY'S request,the originals of all
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 VCCC,VCCC shall be paid by the CITY for services performed to the date of
termination.
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,VCCC shall:
(1) promptly discontinue all services affected(unless the notice directs otherwise),and (2)
deliver to the CITY all data,reports,and such other information and materials as VCCC may have
accumulated, prepared or obtained in performing this AGREEMENT,whether such information
and materials are completed or in process.
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14. GENERAL PROVISIONS.
(a) This AGREEMENT shall be governed by the laws, regulations and ordinances of the City
of Auburn, King County,and the State of Washington,and where applicable, Federal laws.
(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,VCCC and the CITY shall proceed diligently with the
performance of the services and obligations herein.
(c) The CITY and VCCC 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 VCCC 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 VCCC.
(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
(f) VCCC agrees to comply with all local,state and federal laws applicable to its
performance under this AGREEMENT
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CITY O LJRN�
PE R B. LEWIS
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APP V DIC F R
5a&6W. Held,
City Attorney
VALLEY CITIES COUNS &CO ULTATION
BY - \
TITLE. L C v
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
cab
On this D day of _, 2012 before m , the undersigned, a
No ta Public in and for the State of Washington, personally appeared
e/A/Ef7'k 0. 7_&y A to me known to be the Exec ' e Director of Valley Cities
Counseling & Consultation, the non-profit corporation that exec ted the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
non-profit corporation for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument on behalf of said non-profit corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date
hereinabove set forth.
M ORZA BLIC N TARYPUBLICinandfortheStateof
NGTON Washington, residing in L -P4 nwlZ UlAt
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