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