HomeMy WebLinkAboutOpiate Settlement Housing Assistance AgreementDocuSign Envelope ID: 5C809CEC-27F0-4D06-AD44-B10F17EC6CC9
OPIATE SETTLEMENT HOUSING ASSISTANCE AGREEMENT
between
AAHAA Supportive Housing
and
City of Auburn
This Agreement ("Agreement") is entered into on this 26 day of April, 2023 (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 Investments By M & J
LLC d/b/a "AAHAA Supportive Housing," a Washington limited liability corporation in
Auburn (UBI 602942702) (the "Provider").
In consideration of the mutual promises set out in this Agreement, the Provider and the
City agree as follows:
1. Term of Agreement
The term of this Agreement will commence on the Effective Date and will remain in
effect until the Provider completes the services described in section 2 and Exhibit A of
this Agreement or until Junel, 2024, whichever occurs first, unless terminated earlier by
one of the Parties pursuant to this agreement.
2. Scope of Services
According to the requirements and conditions described in Exhibit A, the Provider agrees
to provide housing to up to ten (10) persons who are referred by the City to Provider
because they are suffering from both homeless and addiction ("Participants").
3. Provider Representations & Inspection Certificate
Provider represents and warrants that it has all necessary licenses, authority, and
certifications to perform the services provided for in this Agreement and is qualified to
perform those services.
4. Compensation
Once a Participant enters into a lease, client agreement, or housing agreement with the
Provider, the City will pay the Provider a deposit, a processing fee, and a pro rata amount
for the program fee for that month. The Provider agrees to accept a City of Auburn credit
card ("purchasing card") for payment of these costs. The Anti -Homeless Outreach
Program Administrator ("Administrator), or designee, shall provide a card or its number
to the Provider. Provider shall initiate the first charge to the card on or after the date on
which the Participant first resided at the Provider's facility. The amounts Provider
charges the City's purchasing card for each Participant shall be no more than the sums
below, unless a different amount has been approved by the Administrator:
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o Monthly accommodation of eligible individual (program fee):
- double room: $ 745.00 per month.
o Deposit: $ 515.00
o Processing Fee: $ 375
Unless otherwise notified by the City, for each month a Participant will be residing in the
Provider's facility, the Provider will charge the above accommodation amount as rent.
For each Participant, the Provider will charge the City a maximum of 3 months
accommodation unless the Provider determines a Participant has met all the Provider's
housing conduct requirements and has fulfilled the Participant's treatment obligations
over the prior 3 months in which case the Provider may charge the City for a fourth month
of accommodation. The Provider will refrain from charging the City any further monthly
program fee or other amount if at any time a Participant abandons the residence, is
ejected, evicted, the Provider terminates the Participant's housing agreement, or the
Participant is otherwise no longer residing at the facility on the date the next program fee
payment is due. The Provider will cease charging the City for a Participant's
accommodation after four (4) months of cumulative residency at Provider's facilities,
unless an extension of time no greater than six months is approved in writing by the
Administrator. At no time will the Provider charge the City any rent or fees for more than
ten (10) City -referred Participants.
If it is unnecessary for the Provider to expend any of a deposit to remediate damage by a
Participant after the Participant voluntarily or involuntarily ceases residency, the Provider
will credit the deposit to the City and apply it to the deposit for the City's next Participant
referral. The Provider will not 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, at its sole discretion, payment for any Participant
upon 30 days written notice to the Provider. Any disbursement made by the City to the
Provider shall be without prejudice to the City's rights to later terminate disbursements.
5. City Referral and Screening
The Provider shall only charge sums to the City's purchasing card for costs connected to
an individual who has been referred to the Provider by the City. A referral will be
completed by an email message from either the Administrator or the Anti -homelessness
Outreach Program Coordinator acknowledging that an individual has qualified for the
City's Opiate Settlement Housing assistance grant.
To the extent permitted by law, Provider agrees to screen City Participant referrals and all
other applicants for their suitability to live within their facility's environment. Provider
ensures the safety of the Participants while on the premises. The City disclaims all
responsibility for screening participants or otherwise insuring that unsuitable, criminal, or
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dangerous applicants are not referred to the Provider. The City is not insuring the safety of
the Participants or others' safety. A referral by the City shall not substitute for or relieve
the Provider from conducting screening of a Participant and is not an indication that the
City has knowledge of the Participant's background or the risks they pose. The City may
not perform background checks on Participants and may have limited knowledge of any
referred individual other than their need for housing. The City does not expect the
Provider to accept a referral that does not meet the Provider's criteria for occupancy in the
Providers facility. The Provider accepts all responsibility for the quality of its screening of
applicants and the persons selected to occupy their facility.
6. Insurance
No later than the Effective Date of this Agreement, the 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 the Provider, its agents,
representatives, or employees.
Provider's maintenance of insurance as required by the Agreement will not be construed
to limit the liability of the Provider to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
The Service Provider will obtain insurance of the types described below:
Commercial General Liability insurance will be at least as broad as ISO
occurrence form CG 00 01 and will cover liability arising from premises,
operations, stop -gap independent contractors, 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 the Provider's
Commercial General Liability insurance policy with respect to the work 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,
$2,000,000 general aggregate.
• Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
For Commercial General Liability insurance, the policy is to contain, or be endorsed to
contain that Provider's insurance coverage will be primary insurance as respects the City.
Any insurance, self-insurance, or self-insurance pool coverage maintained by the City will
be excess of the Provider's insurance 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 A:VII.
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The 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, evidencing the insurance requirements of this Agreement before
commencement of the work.
The City reserves the right to require that complete, certified copies of all required
insurance policies be submitted to the City at any time. The City may withhold payment if
the Provider does not fully comply with this request.
If the Provider maintains higher insurance limits than the minimums shown above, the
City will be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Provider, irrespective of whether such limits
maintained by the Provider are greater than those required by this Agreement or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Provider.
The Provider will provide the City with written notice of any policy cancellation within
two business days of their receipt of such notice. Failure by the Provider to maintain the
insurance as required will constitute a material breach of this agreement, upon which the
City may, after giving ten (10) business days' notice to the Provider to correct the breach,
immediately terminate the agreement or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the City's sole discretion, offset against funds due the
Provider from the City.
It is agreed that insurers shall have no right of recovery or subrogation against the City, it
being the intention of the parties 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. Indemnification & Hold Harmless
The Provider shall defend, indemnify and hold the City, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, liabilities for injury or death of
any person, damages, loss or damage to any property, losses or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, including
any violation of RCW 59.18 and fair housing laws (42 U.S.C. 3601 and RCW 49.60),
except for injuries and damages caused by the sole negligence of the City.
The City specifically disclaims, and the Provider acknowledges City's lack of
responsibility for, any damages to property or injury to others that a Participant may cause
on the Provider's property. The City makes no representation regarding the character,
quality, or behaviors of the referred Participants. Provider acknowledges that the extent of
the City's responsibility for any damage, whether personal or property, caused by the
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Participant is the amount of the deposit paid by the City under section 4 of this
Agreement.
If a court of competent jurisdiction determines that this Agreement is subject to RCW
4.24.115, then, 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 the
Contractor and the City, its officers, officials, employees, and volunteers, the Provider's
liability hereunder shall be only to the extent of the Provider's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Provider's 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. Disclaimer of any Leasehold or Joint Venture
Nothing in this Agreement shall be construed as creating any property interest in
Provider's property or any kind of partnership or joint venture between the parties.
Specifically, the Agreement does not establish or assign a leasehold interest to the City,
nor in anyway obligate the City to perform or guarantee a Participant's tenant obligations
pursuant to either law or any lease or agreement between Provider and Participant.
Nothing in this Agreement shall be construed as limiting Auburn's statutory
responsibilities as a regulator of rental housing. This Agreement alters neither a
Participant's rights under Auburn City Code Chapter 5.23, nor the city's rights and
obligations pursuant to that and any other federal, state, or city code.
9. Independent Contractor
The Provider will perform the services as an independent contractor and will not be
deemed, by virtue of this Agreement and performance of its provisions, to have entered
into any partnership, joint venture, employment or other relationship with the City.
10. Termination for Cause
If the City concludes that the Provider has materially breached one or more of the terms or
covenants in this Agreement, the City may at any time, at its discretion, provide written
notice to the Provider and terminate the Agreement. The Notice of Termination for Cause
will be in writing with the reason(s) for the termination, and will specify the effective date
of the termination. The Provider will be allowed at least ten (10) calendar days to cure the
reasons for termination. If the breach is not cured within ten (10) days, the City may
terminate the contract. After the date of Notice of Termination the Provider will cease
charging the City purchasing card any sums regardless of a Participant occupying the
Provider's facility.
11. Termination for Convenience or Non -Availability of Funds
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The City reserves the right to terminate this Agreement for the convenience of the City by
delivery of a Notice of Termination with the effective date that is no less than ten (10)
working days. After the date of Notice of Termination the Provider will cease charging
the City purchasing card any sums regardless of a Participant occupying the Provider's
facility.
The City makes no commitment to future payment. Every obligation of the City under
this Agreement is conditioned upon the availability of funds appropriated or allocated for
the performance of such obligation; 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 ten working days' notice
provided in this section.
No liability will accrue to the City in the event the provisions of this section are exercised,
and the City will not be obligated or liable for any future payments or damages as a result
of termination under this Section. After the date of Notice of Termination the Provider
will cease charging the City purchasing card any sums regardless of a Participant
occupying the Provider's facility.
12. Prohibited Discriminatory Actions
The Provider may not, under any program or activity to which this Agreement applies,
directly or through contractual or other arrangements, discriminate on the grounds of age,
color, creed, familial status, nationality, religion, race, sexual orientation, or the presence
of any physical, mental, or sensory disability.
The 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; the Fair Housing Act, and the Age Discrimination Act.
If the Provider's does not comply with any non-discrimination law or policy, this
Agreement may be rescinded, cancelled, or terminated in whole or in part, and the
Provider may be declared ineligible for further agreements with the City. The Provider is
responsible for any and all costs or liability arising from any failure to so comply with
applicable law.
13. Compliance With Applicable Laws & Regulations
In performing the services contemplated by this Agreement, the Provider shall faithfully
observe and fully comply with all laws, rules or regulations of any federal, state or local
governmental authority, including specifically the Residential Landlord -Tenant Act of
1973, RCW Chapter 59.18. The Provider expressly agrees to pay all costs associated
with achieving such compliance.
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14. Records
At any time during the term of this Agreement, the City shall have access 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 to three (3) years
from the final payment under this Agreement. If any litigation, claim, dispute, 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.
The Provider agrees to give its fullest assistance to the City in identifying, locating, and
copying any records in the Provider's possession that are responsive, as determined by the
City in its sole discretion, to a Public Records Act request received by the City.
15. Inspection & Audit
All compensation payments will be subject to adjustments for any amounts to have been
improperly invoiced, and all records and books of accounts 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 work performed under this
Agreement.
If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3)
year period, all records and books of accounts pertaining to any work performed under
this Agreement will be retained until all litigation, claims, disputes, or audits have been
finally resolved.
16. Agreement Interpretation
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and are not part of this Agreement. The singular will
include the plural and vice versa and masculine, feminine and neuter expressions are
interchangeable. Interpretation or construction of this Agreement will not be affected by
any determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the Parties.
17. Severability
Each provision of this Agreement is intended to be severable, and if any provision hereof
is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect
the validity of the remainder of this Agreement.
18. Amendment, Assignment & Waiver Provisions
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid unless it is made in writing, signed by the party or parties to be
bound, or their duly authorized representatives, and specifies, with particularity, the nature
and extent of the amendment, modification, or waiver.
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The failure of either party at any time to require performance by another party of any
provisions of this Agreement 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 provision.
19. Integration & Binding Effect
This Agreement, together with any subsequent amendments or addendums, constitutes the
entire agreement of the Parties and no other understandings, oral or otherwise, regarding
this Agreement shall exist or bind any of the Parties.
This Agreement is binding on the Parties and their respective successors and assigns,
provided that this Section shall not be deemed to permit any transfer or assignment
otherwise prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties and it does not create a
contractual relationship with, or exist for the benefit of, any third party, including
contractors, subcontractors, or their sureties.
24. Choice of Law & attorney fees
This Agreement and the rights of the parties will be governed and interpreted in
accordance with the laws of the State of Washington and venue for any action will be in
King County, Washington. Any applicable statute of limitation will begin no later than the
substantial completion by the Provider of the services.
Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own
costs and attorneys' fees generated by any dispute arising out of this Agreement.
21. Notices, Reports & Correspondence
All notices or communications permitted or required to be given under this Agreement
will be in writing and must be delivered in person or deposited in the United States mail,
postage prepaid, by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth in this Agreement, or if to a person
not a party to this Agreement, to the address designated by a party to this Agreement.
All notices, reports, and correspondence will be sent to:
City of Auburn
Auburn City Hall
Attn Anti -Homelessness Outreach
Program Administrator
25 West Main
Auburn, WA 98001-4998
(253) 2946429
E-mail: Khay@auburnwa.gov
AAHAA
Stacy Hampton
817 Harvey Road NE Auburn, WA 98002
(253) 735-0665
E-mail: stacy.aahaa@gmail.com
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22. Signature Authority
This Agreement may be executed in counterparts, each of which will be one and the same
Agreement and will become effective when one or more counterparts 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
DocuSigned by:
N�
Nancy Backus, Mayor
4/26/2023
Date
APPROVED AS TO FORM:
DocuSigned by:
�blN� 4/26/2023
Ken ra omeau, City Attorney
AAHAA
DocuSigned by:
By hA Rm. bn,
F IYE'C'9'E
Title President
Federal Tax ID # 45-5619721
Date 4/26/2023
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Exhibit A
Scope of Services
AAHAA will provide staff and operational support for housing of homeless individuals who
are referred to AAHAA by the City of Auburn.
Outcome Goal
Individuals who have been referred to the Provider by the City due to the individual's drug
addiction shall have increased access to housing and will ultimately obtain self-sufficiency.
Services
The Provider will:
• Operate a clean and safe living environment that provides up to 4 months continuous
housing to no more than ten (10) homeless persons who are referred by the City because
the individuals suffer from addiction.
• Consider for residency placement all referrals made by the City.
• Screen referrals for suitability for living in a group facility.
• Genuinely evaluate whether a Participant has complied with Provider's conduct
requirements and treatment/service obligations for the purpose of determining whether the
Participant qualifies for a fourth month of city rental assistance.
• Provide a coordinator who will act as the primary contact for this Agreement;
• Comply with all applicable health codes, rules, and regulations that apply to the Provider's
services;
• Maintain records and provide monthly reports to the Administrator that contain the
Participants, by name, who resided in the facility in the prior month and each individual's,
o total length of residency,
o ethnicity,
a age,
o gender,
o services received by the Participant during the prior month, and
o whether the Participant was in compliance with the 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 the
Provider in response. If a Participant's residence was terminated or interrupted, a
description of the reason will be included.
In addition, the monthly report shall contain:
o a numerical count of the Participants residing at the facility
o the charges for each Participant for the previous month.
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o the number of open beds at the facility during the prior month.
Reports are due no later than the 15th of each month.
• Timely respond to requests for information, updates, and inspections as required by the
City of Auburn;
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