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HomeMy WebLinkAboutResidential Program Services AgreementRESIDE, NTIAL PROGRAM SERVICES AGREEMENT Between the City of Auburn j and j AAHAA Supportive Housing 1 This Residential Program Services Agreement"reement this "Agreement") g ) is entered into on this 22 day of November, 2022 (the "Effective Date"), by and between the City of Auburn, a municipal corporation organized under Title 35A of the Revised Code of Washington (the "City"), and Investment By M & J LLC d/b/a "AAHAA Supportive Housing," a Washington limited liability company in Auburn (UBI 602942702) ("Provider"). Whereas Providet desires to provide support and recovery services in a residential setting (the "Services") to persons referred by the City, who satisfy the entry requirements for Provider's programming (each a "Participant"), and who agree to the terms of Provider's Services in a separate "Client Contrace ; Whereas the City I desires to provide Services to persons within its jurisdiction suffering or imminently facing ho clessness; Therefore, in co!sideration of the mutual promises set out in this Agreement, Provider and the City agree as follIws: �.. 'Perm ofA�repH�„e�t. The term of this Agreement will commence on the Effective Date and will remain in effect for 365 days from that date unless terminated earlier by one of the Parties pursuant to this agreement. 2. Scope of Services. Provider agrees to per orin in a good and professional manner the Services described in Exhibit "A." 3 Provider represents nd warrants that it has all necessary licenses, authority, and certifications to perform the Services and is qualified to perform those Services. The City may inspect residents l units at Provider's facility occupied by the Participants as deemed necessary by the City and with reasonable notice to Provider of not less than two business days. 4. Compensation. Once a Participant ent rs into a Client Contract with Provider, the City will pay Provider a deposit, a processing f e, and a pro rata amount for the fees for the Services (the "Program Fee") for that month. Provider agrees to accept a City of Auburn credit card ("Purchasing Card") for payment o 7 the Program Fee. The City's Anti -Homeless Outreach Program Administrator (the "Administrator"), or its successor or designee, shall provide a Purchasing RESIDENTIAL PROGRAM SE WICES AGREEMENT Page 1 of November 2022 Card or its number and sufficient additional payment processing information to Provider. Provider shall initiate the first charge to the card on or after the date on which the Participant first resides at Provider's facility. The amounts Provider charges the Purchasing Card for each Participant shall be no more than the sums below, unless a d fFerent amount has been approved by the Administrator: o Acute Needs Home: $1,300.00 Program Fee o Acute Needs Deposit: $850,00 o Processing Fee for both Programs: $375.00 o Original Platform Program Fee: $745.00 Program Fee o Single Room Program Fee: $1300.00 o Deposit for Supportive Housing Platform: $515.00 Unless otherwise notified by the City, for each month a Participant resides in the Provider's facility, for the duration of this Agreement, Provider will charge he above Program Fees. Provider will refrain from charging the City any further month y Program Fee or other amount if a Participant ceases residing at Provider's facility for an i reason as of the date the next rental payment is due. If it is unnecessary for Provider to expend any of the deposit to remediate damage by a Participant after the Participant voluntarily or involuntarily ceases residency, Provider will credit the deposit to the City and apply it to the deposit for the City'' next Participant referral, If the City secures a minimum of ten beds from Provider, Provider will credit any pro rata remaining Program Fee payment to the City and apply the amount to a new referral made by the City if made prior to the end of that month. The City reserves the right to terminate payment for any Particir ant upon 60 days written notice to Provider. The City additionally agrees to compensate Provider for expens s incurred by Provider to comply with the terms of this Agreement and which .Provider would not otherwise incur, 5. ��eferral and Scr�en>i Provider shall only charge sums to the Purchasing Card for costs connected to an individual who has been referred to Provider by the City. A referral will e completed by an email message from either the Administrator or the Anti-homeles ness Outreach Program Coordinator actmowledging that an individual has qualified for the City's Clean & Sober Housing rental assistance grant. To the extent permitted by law, Provides: agrees to screen City referrals and all other applicants for their suitability to live within Provider's facility ai d insures the safety of the Participants while on the premises. The City disclaims all r sponsibility for screening applicants and insuring theirs and others' safety. A referral by tie City shall not substitute for or relieve Provider from conducting screening of a Participa� t and is not an indication RESIDENTIAL PROGRAM SERVICES AGREEMENT Page 2 of 9 November 2022 that the City has knc wledge of the Participant's background or the risks they pose. Tile City may not perform bac kground checks on Participants and may have limited knowledge of the individuals other tha n their need for housing. The City does not expect Provider to accept a referral that does no meet Provider's criteria for occupancy in Provider's facility. Provider accepts all responsib lity for the quality of Provider's screening of applicants and the persons selected. to occupy Pi vider's facility. 6. No later than the Effective Date, Provider will, at its sole expense, procure and maintain for the duration of this Agreement and 30 days thereafter insurance against claims for injuries to persons or: damage to property which may arise from or in connection with the performance of this Agreement by Provider, its agents, representatives, or employees. Provider's maintenan e of insurance as required by this Agreement will not be construed to limit the liability of Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Provider will obtain i surance of the types described below: s Commercial Gveneral Liability insurance will be at least as broad as TSO occurrence form CG 00 0 1 and will cover liability arising from premises, operations, stop-gap independent ontractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City will be named as an additional insured under Provider's Commercial General Liability insurance poli y with respect to the Services performed for the City using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26. Commercial General Liability insurance will be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. a Worker's Co pensation coverage as required by the Industrial Insurance laws of the State of WashinLrton. For Commercial General Liability insurance, the policy is to contain, or be endorsed to contain that Provider' insurance coverage will be primary insurance as respects the City, Any insurance, self -in urance, or self-insurance pool coverage maintained by the City will be excess of Provider's in 3urance and will not contribute with it. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current A.M. Best rating of not less than ANTI. Provider will furnish the City with original certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evid.en ing the insurance requirements of this Agreement before commencement of the ervices. RESIDENTIAL. PROGRAM SE�VICES AGREEMENT Page 3 of 9 November 2022 The City reserves the right to require that complete, certified copies policies be submitted to the City at any time. if Provider does not co the City may, within thirty days of Provider's receipt of the City's pursue remedies available to it under law and equity, but may not Program Fee for a Participant. If Provider maintains higher insurance limits than the minimums s be insured for the fiill available limits of Commercial General liability maintained by Provider, irrespective of whether such Provider are greater than those required by this Agreement or N insurance furnished to the City evidences limits of liability lower Provider. Provider will provide the City with written notice of any polc; business days of Provider's receipt of such notice. Failure by insurance as required will constitute a material breach of this A; City may, after giving five (5) business days' notice to Provi, immediately terminate this Agreement or, at the City's discretic insurance and pay any and all premiums in connection therewith, to be repaid to the City on demand, or at the City's sole discretion. all required insurance [y with this provision, jest for such policies, hhold payment of the above, the City will Excess or Umbrella maintained by the .er any certificate of those maintained by cancellation within two 'rovider to maintain the eement, upon which the ,r to correct the breach, , procure or renew such th any sums so expended it is agreed that insurers shall have no right of recovery or subrc gation against the City, it being the intention of the panties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the insurance policy. 7 Inde raan1fle tion & Fold Harmless. Provider shall defend, indemnify and hold the City, its officers, off] volunteers harmless fiom any and all claims, injuries, liabilities for person, damages, loss or damage to any property, losses or suits inc arising out of or in connection with the performance of this Agreen and damages caused by the negligence of the City. The City specifically disclaims and Provider acknowledges the C for any damages to property or injury to others that a Participant property. The City makes no representation regarding the charac the Participants. Provider acknowledges that the extent of the Ci obligation for any damage, whether personal or property, caused amount of the deposit paid by the City under section 4 of this Ag In the event of liability for damages arising out of bodily injury to property caused by or resulting from the concurrent negligence of officers, officials, employees, and volunteers, Provider's liability h the extent of Provider's negligence. s, a endt Contractor_ RESIDENTIAL PROGRAM SERVICES AGREEMENT November 2022 vials, employees and njury or death of any uding attorney fees, -nt, except for injuries 's lack of responsibility y cause oil Provider's , quality, or behaviors of s responsibility or a Participant is the or damages to and the City, their r shall be only to Page 4 of 9 2 10. 11. Provider will per. virtue of this Agr partnership, joint If the City concludes covenants in this Agr notice to Provider an( in writing with the re, termination. The Pro termination. If the br Agreement. the Services as an independent contractor and will not be deemed, by & and performance of its provisions, to have entered into any ure, employment or other relationship with the City. hat Provider has materially breached one or more of the terms or ement, the City may at any time, at its discretion, provide written terminate the Agreement. The Notice of Termination for Cause will be ,on(s) for the termination, and will specify the effective date of the idea: will be allowed at least thirty (30) days to cure the reasons for ich is not cured within thirty (30) days, the City may terminate the The City reserves the ight-to terminate this Agreement for the convenience of the City by delivery of a Notice o Termination with the effective date that is no less than sixty (60) days. After the elate of Notice of Termination, Provider will cease charging the Purchasing Card any sums regardless o r a Participant occupying the Provider's facility. The City makes no commitment to future payment. Every obligation of the City under this Agreement is conditio ed upon the availability of funds appropriated or allocated for the performance of such o ligation; and if funds are not allocated and available for the continuance of this Agreement, then this Agreement may be terminated by the City at the end of the period for which funds are available, without the sixty (60) days' notice provided in this section. Notice that does not c( City will remain liable will accrue to the City obligated or liable for Section. Provider may not dire( providing the Services religion, race, sexual o disability. mply with this Agreement will not terminate this Agreement and the for all Program Fees for the duration of this Agreement. No liability if the provisions of this section. are exercised, and the City will not be any future payments or damages as a result of termination under this or through contractual or other arrangements, discriminate in the grounds of age, color, creed, familial status, nationality, station, or the presence of any physical, mental, or sensory Provider will comply with all applicable federal, state and local non-discrimination laws and/or policies, including, but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. If Provider does not comply with any non-discrimination law or policy, this Agreement may be rescinded, cancel] e , or terminated in whole or in part, and Provider may be declared RESIDENTIAL PROGRAM SIRVICES AGREEMENT Page 5 of 9 November 2022 ineligible for further agreements with the City. Provider is responsib e for any and all costs or liability arising from any failure to so comply with applicable law. 12. a ations. T11 performing the Services , Provider shall faithfully observe and ful y comply with all laws, rules or regulations of any federal, state or local governmental authority. Provider is exempt from the Residential Landlord Tenant Act under RCW 59.18.040(1). Provider agrees to comply and pay all costs associated with achieving such compliance 13. Records. t, the City s At any time during the term of this Agreemeshalt have a cess upon reasonable notice to any and all of Provider's records pertaining to this Agreement and those records will be subject to inspection and audit by the City for a period of up' o three (3) years from the final payment under this Agreement. If any litigation, claim, dis to, or audit is initiated before the expiration of the three (3) pear period, all records and books of account pertaining to any work performed under this Agreement will be retained until all litigation, claims, disputes, or audit are finally resolved. Provider agrees to give its fullest assistance to the City in identifyin locating, and copying any records in Provider's possession that are responsive, as determit Led by the City in its sole discretion, to a Public Records Act request received by the City. 14. Insgction Andit. All compensation payments to Provider will be subject to adjustments for any amounts to have been improperly invoiced, and all records and books of accour is pertaining to any work performed under this Agreement will be subject to inspection and audit by the City for a - period of three (3) years from the final payment for Services perforined under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expir tion of the aforementioned three (3) year period, all records and books of accounts pertaining to any Services performed under this Agreement will be retained until all 1 tigation, claims, disputes, or audits have been finally resolved. 15. Agr t lnternretation, All captions, headings or titles in the paragraphs or sections of this for convenience of reference only and are not part of this Agreemei include the plural and vice versa and masculine, feminine and neut, interchangeable, Interpretation or construction of this Agreement u determination as to who drafted this Agreement, this Agreement ha mutual agreement of the Parties. RESIDENTIAL PROGRAM SERVICES AGREEMENT November 2022 greement are inserted The singular will expressions are I not be affected by any ng been drafted by Page 6 of 9 18. Each provision of th illegal or invalid for validity of the remai Agreement is intended to be severable, and if any provision hereof is try reason whatsoever, such illegality or invalidity will not affect the ler of this Agreement. No amendment, modi nation, or waiver of any condition, provision, or term of this Agreement will be va id unless it is made in writing, signed by the party or patties to be bound, or their duly authorized representatives, and specifies, with particularity, the nature and extent of the amendment, modification, or waiver. The failure of either p4 rty at any time to require performance by another party of any provisions of this Agr ement will in no way affect the party's subsequent rights and obligations under that provision, and waiver by any party of the breach of any provision of this Agreement will not be taken or held to be a waiver of any succeeding breach or as a waiver of any provisi n. Provider's acceptance or deposit of the Program. Fee shall in no way be construed as a wan er of Provider's legal rights or availability of legal action to enforce said rights under this Igreement, a Participant's Client Contract, or state or federal laws. This Agreement, toget ler with any subsequent amendments or addendums, constitutes the entire agreement of th Parties and no other understandings, oral or otherwise, regarding this Agreement shall exist r bind any of the Parties. This Agreement is provided that this prohibited by this, 19. C">haice ®f Lan. This.Agreement and t with the laws of the S Washington. Any app: completion by the Prc 20. Any party hereto who shall be entitled to an All notices or commur be in writing and must the other party, or dept return receipt requeste( party set forth in this A address designated by s All notices, reports, Oil the Parties and their respective successors, and assigns, shall not be deemed to permit any transfmo } 99ignrnent,othqrwise Pill' 0 tights of the patties will be governed and interpreted in accordance e of Washington and venue for any action will be in ICng County, ible'statute of limitation will begin no later than the substantial ler of the services. Is in an action to enforce or interpret the terms of this Agreement of its costs of litigation, including attorney's fees. rations permitted or required to be given under this Agreement will )e delivered in person, via electronic mail to a recipient designated by ,ited in the United States mail, postage prepaid, by certified mail, and addressed, if to a party of this Agreement, to the address for the ;reement, or if to a person not a party to this Agreement, to the party to this Agreement. correspondence will be sent to: RESIDENTIAL PROGRAM SEj VICES AGREEMENT Page 7 of 9 November 2022 City of Auburn AAHAA Auburn City Hall Stacy Hanson i Attn Anti-Homelessness Outreach 817 Harvey Road NE Auburn, WA 98002 Program Administrator (253) 735-0665 25 West Main E-mail: stacy.aahaa@gmail.com Auburn, WA 98001-4998 (253) 294-6429 E-mail: Khay@auburnwa.gov I 21. Signature Authority. This Agreement may be executed hi counterparts, each of which will be one and the same Agreement and will become effective when one or more counteiparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Pl B1 Nancy Bac ayor Ti Date Ff D APPROVED AS TO FORM: i6- Ken ra Comeau, City Attorney RESIDENTIAL PROGRAM SERVICES AGREEMENT November 2022 Provider will provide s referred to Provider by Qutcome Goal Individuals who have treatment shall have is Services Provider will: s Operate a clean and s duration of this Agre( the requirements for • Consider for residenc • Provide a coordinatoz * Comply with applical • Maintain records and by name who resided o total length of a ethnicity, o age, o gender, SERVICES Exhibit A and operational support for housing for homeless individuals who are City of Auburn. referred to Provider by the City due to their completion of inpatient ;ed access to housing and ultimately will obtain self-sufficiency. tfe living environment that provides continuous housing for the ment to homeless persons who have suffered from addiction and satisfy 'rovider's Services; T placement all referrals made by the City. who will act as the primary contact for this Agreement; le health codes, rules, and regulations that apply to the Services; provide monthly reports to the Administrator showing each Participant In Provider's facility in the prior month and that Participant's o services received by the Participant during the prior month, and a whether the P rticipant was in compliance with Provider's program and/or violated any rules for the prior month and a description of the violation. If a Participant was out of compliance, the report will describe any action taken by Provider in response. If a Parti ipant's residence was terminated or interrupted, a description of the reason will be include . In addition, the month�y report shall contain: o a numerical co int of the Participants residing at Provider's facility o the charges for each Participant for the previous month, o the number of open beds at Provider's facility during the prior month. Reports are due no Timely respond to of Auburn; than the 15"' of each month. for information, updates, and inspections as required by the City RESIDENTIAL PROGRAM S�RVICES AGREEMENT Page 9 of 9 November 2022