HomeMy WebLinkAboutHousing Developement Consortium A 5-)a- 7
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" WASHINGTON
Agreement for 101‘
This Agreement is made effective as of 3 a .Not arr�f / ,� , 2016 by and between HOUSING
DEVELOPMENT CONSORTIUM ("HDC") and the CITY OF AUBURN ("CITY").The parties agree as follows:
1. DESCRIPTION OF SERVICES. HDC agrees to provide the consulting services set forth in the Scope of Work
attached hereto at Exhibit A and by this reference made a part hereof, for the purpose of identifying and
promoting opportunities to implement the South King County Response, recruiting new allies and increasing
community resources to support affordable housing and homelessness solutions in Auburn, and will support
appropriate local solutions to affordable housing and other related needs.
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay HDC a total not to exceed
fee of $5,000.00 pursuant to Exhibit A inclusive of expenses. HDC shall submit to the City an invoice or
statement within 15 days of June 30 and December 31, 2016. The City shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment thereafter in
the normal course.
3. EXPENSE REIMBURSEMENT. HDC shall pay all expenses, and shall not be entitled to reimbursement from the
CITY except for specific services, items or activities listed in the Scope of Services as reimbursable goods or
services.
4. TERM/TERMINATION.
A. Unless extended by mutual agreement, the term of this Agreement is January 1, 2016 to December
31, 2016, or upon completion of HDC's services or final payment of the not-to-exceed fee, whichever is earlier.
B. Either party may terminate the Agreement by notifying the other party in writing at least seven (7)
days of the termination date. If this Agreement is terminated through no fault of the Consultant, CITY shall pay
HDC for all work performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. HDC is an independent contractor with respect to the City of Auburn, and not an
employee of the CITY. The CITY will not provide fringe benefits, including health insurance benefits, paid
vacation, or any other employee benefit, for the benefit of HDC or its employees and volunteers.
6. EMPLOYEES. The provisions of this Agreement shall also bind HDC employees who perform services for the
CITY under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. HDC shall defend, indemnify and hold the CITY, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the negligent acts, errors or omissions of HDC in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. The CITY shall defend,
indemnify and hold HDC, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts,
errors or omissions of the CITY in performance of this Agreement, except for injuries and damages caused by the
sole negligence of HDC. In the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of HDC and the City, its officers, officials,
employees, and volunteers, (collectively the "Parties") the Parties' liability hereunder shall be only to the extent
of each Party's negligence. It is further specifically and expressly understood that the indemnification provided
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herein constitutes the Parties waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
8. INSURANCE. HDC shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of the
work hereunder by HDC, its agents, representatives, or employees.
A. Minimum Scope of Insurance: HDC shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all non-owned and hired vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. The CITY shall be named as an additional insured
under HDC's Commercial General Liability insurance policy with respect to the work
performed for the CITY under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington, unless HDC has no employees while this Agreement is in effect.
4. Professional Liability insurance appropriate to HDC's profession.
B. Minimum Amounts of Insurance: HDC shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim
and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General Liability insurance:
1. HDC'S insurance coverage shall be primary insurance as respect to the CITY. Any insurance,
self-insurance, or insurance pool coverage maintained by the CITY shall be excess of HDC'S
insurance and shall not contribute with it.
2. HDC's insurance shall be endorsed to state that coverage shall not be cancelled by either
party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the CITY.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VII.
E. Verification of Coverage: HDC shall furnish CITY with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of HDC before commencement of the work.
9. ASSIGNMENT. HDC's obligations under this Agreement may not be assigned or transferred to any other
person,firm, or corporation without the prior written consent of the CITY.
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10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as
follows:
IF to HDC: IF to the CITY:
Kelly Rider Nancy Backus
Director,Government Relations& Policy Mayor
Housing Development Consortium Seattle- City of Auburn
King County 25 W. Main Street
1402 3rd Ave., Suite 1230 Auburn, WA 98001
Seattle, WA 98101
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other
promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior
written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement
shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
14. APPLICABLE LAW & COMPLIANCE. This Agreement shall be governed by the laws of the State of
Washington. Venue for any court action shall be in King County, Washington. HDC shall comply with all
applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or
hereafter amended, as applicable.
15. ENFORCEMENT COSTS. In the event a party must litigate or take some other legal action to enforce any
rights, responsibilities, or obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
16. OWNERSHIP AND USE OF DOCUMENTS. All documents, reports, memoranda, diagrams, sketches, plans,
surveys, design calculations, working drawings and any other materials created or otherwise prepared by the
Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become
the property of the City, and may be used by the City for any purpose beneficial to the City.
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The undersigned have read the above statements, understand them and agree to abide by their terms.
CITY OF AUBURN HOUSING DEVELOPMENT CONSORTIUM
SEATTLE-KING COUNTY
Signed: IL " , 4141 Signed: ,j
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Date: / ' 2 /b Date: /15G?Ok
Address: 25 West Main Street Address: 1402 3rd Ave., Suite 1230
Auburn, WA 98001 Seattle, WA 98101
Phone: 253-931-3041 Phone: 206-682-9541
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EXHIBIT A —2015-2016
South King County Homeless/Housing Planner
Scope of Services to be Provided by Housing Development Consortium ("Agency"):
Funds provided by the City of Auburn will be used to help pay for a South King County Housing
Planner("Planner") hired by the Housing Development Consortium to complete this scope of
services.
The Planner will manage the efforts of the South King Housing and Homelessness Partnership,
of which the City of Auburn is a part. In consideration of the funds provided by the City of
Auburn to fund this position, the Planner will identify and promote opportunities to implement
the South King County Response to Homelessness, recruit new allies and increase community
resources to support affordable housing and homelessness solutions in Auburn, and will support
appropriate local solutions to affordable housing and other related needs.
The Agency will provide the City of Auburn with a report at least twice a year detailing
subregional progress of the Planner and other partners on:
• The annual workplan for the South King County region;
• Participation in regional and subregional meetings, comment opportunities, and other
activities in support of creating and preserving affordable housing and addressing
homelessness in South King County.
• Identification of new partners and community supports;
• Identification of funds applied for and funds received for South King County initiatives
addressing preventing and ending homelessness; and the creation and preservation of
affordable housing;
• Outreach to civic organizations, faith communities, businesses and representatives of
targeted low income communities including homeless youth, young adults and
immigrant/refugee communities;
• Technical assistance provided to Auburn and other South King County cities as it relates
to Comprehensive Plan implementation;
• Implementation of the South King County Response to Homelessness
• Progress on the South King County Housing & Homelessness Goals identified in Exhibit
A-1. These goals are in draft form and may be updated periodically.
Compensation:
Quarterly billing not to exceed $5,000 for the duration of the agreement.
Agreement Term:
The term of agreement is from January 1, 2016 to December 31, 2016.
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Exhibit A-1
South King County Housing & Homelessness Goals
(Draft 10/14/15)
The South King Housing & Homelessness Partnership (SKHHP) is a network of municipal
staff, non-profit housing and homelessness organizations and others working to address
affordable housing and homelessness needs in South King County (SKC). The Partnership
has identified these priorities for 2016:
MAINTAIN & IMPROVE HEALTHY AFFORDABLE HOUSING
Everyone deserves the opportunity to live in a safe, healthy, affordable home.
Unfortunately, many families in South King County, in order to find an affordable home,
live in poor or substandard housing conditions. Often, this occurs because building
owners may not have the incentive or resources necessary to spur improvements. In
order to maintain and improve SKC's affordable housing stock, we need policies and
programs that help ensure housing in the private market remains affordable long-term
while requiring healthy housing conditions. Cities in South King County can preserve the
robust stock of affordable housing already in their communities through:
• Rental Inspection Programs
• Acquisition & Code-Compliance Loans
• Supporting state authority for a Preservation Property Tax Exemption
INCREASE FUNDING FOR AFFORDABLE HOUSING (FEDERAL, STATE, AND LOCAL)
The development of affordable housing can be a strong economic catalyst in SKC and
can result in reduced spending on public safety and emergency services. Yet, limited
local funding in South King County restricts the ability of the region to attract investment
from other public and private funders. Cities in SKC can increase local and regional
funding in order to help meet local needs, stimulate economic development, and
leverage dollars from external sources by:
Supporting state authority for an affordable housing REET
ADDRESS BARRIERS TO HOUSING DEVELOPMENT
Barriers to housing development can drive up the cost of housing and limit housing
providers' ability to address local housing needs. Many factors influence developers'
decision to build housing, but cities can make development more attractive to build in
SKC through:
• Public investments in infrastructure in residential neighborhoods
• Discounting surplus property for affordable housing
• Increasing and diversifying zoning to help accommodate growth
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PROVIDE EMERGENCY HOMELESS SERVICES
Everyone should have a warm, safe place to sleep at night. Unfortunately, rapidly
rising rents and economic insecurity are accelerating the number of individuals
and families experiencing homelessness in South King County. Over 600 individuals
were found sleeping outside in South King County during the latest One Night
Count. SKC cities can address these growing needs by supporting and
coordinating emergency homelessness services, such as hygiene centers, safe
parking, and severe weather shelters.
BUILD PUBLIC AWARENESS AND POLITICAL TO ADDRESS HOUSING AND HOMELESS NEEDS
Affordable housing and homelessness needs look different in South King County than in
Seattle, East King County or the rest of the state, but they are just as critical to address.
In order to identify and implement appropriate local and regional solutions, regional
stakeholders need to raise the profile of these needs and make them part of the
regional policy agenda. SKC stakeholders can support this process at the local,
regional, and state level through:
Council & Commission Briefings
Community Outreach
State Legislative Advocacy
IMPROVE AWARENESS AND CONNECTIONS BETWEEN HOUSING AND OTHER KEY ISSUES
Hard-working people should be able to afford housing and still have enough left
over for other basics like gas, groceries, and child care. Unfortunately, high
housing, transportation, and healthcare costs are stretching families' budgets too
far, leaving them vulnerable to homelessness. By building understanding of the
connections between housing and other sectors, such as health, education, and
transportation, SKC can break down silos and increase cross-system opportunities
for family success.
These goals have been developed in partnership with SKHHP members from South
King County through participation in the Joint South King County planners'
meetings.
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