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HomeMy WebLinkAboutILA1999-0378 - Change Order - #2 - King County Housing Authority - Valley Kee & Springwood Apartments Policing Services - 01/03/2001 Change / HING COUNTY HOUSING AUTHORITY Order DEPARTMENT: Resident Services CHANGE ORDER PROJECT: NUMBER : 2 Community Policing CHANGE ORDER DATE : 1/7/02 PROJECT NUMBER ; CONTRACT NUMBER : 625-2000-0008 CONTRACT FOR : CONTRACTOR: City of Kent OWNER := Police Department ARCHITECT := CONTRACTOR := FIELD :0 THE CONTRACT IS CHANGED AS FOLLOWS: Social Service Agency OTHER ; Extend contract and revise and insert current contract language Add and revise Exhibits. Please see attached CHANGE ORDER TOTAL S 869985.00 NOT VALID UNTIL SIGNED BY THE OWNER,ARCHITECT AND CONTRACTOR. 1. The Original Contract Sum was $ 84,452 00 2. The Net Change by previously authorized Change Orders $ 84,452 00 3. The Contract Sum prior to this Change Order was $ 168,904 00 4. The Contract Sum will be Increased by this Change Order in the amount of $ 86,985 00 5, The New Contract Sum including this Change Order will be $ 255,889.00 6. The Contract will be Increased by one year ( 365 ) days 7. The Date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY BOTH THE OWNER AND ARCHITECT(IF APPLICABLE). Signature of the Contractor indicates his/her agreement herewith,including any adjustment in the Contract Sum or Contract Time. N/A City of Kent Police Department KING COUNTY HOUSING AUTHORITY ARCHITECT CONTRACTOR OWNER 220 Fourth Avenue South 600 ANDOVER PARK WEST ADDRESS ADDRESS ADDRESS Kent,WA 98031 nn 0TUKWILA 98188-3326 BY BY: JC..Th BY: Jim White,Mayoil+�yof the City of Kent Stephen L N an,Executive Director DATE DATE /—,�3—p3 ��� DATE PAGE I OF 2 KCHA 2302 Rev 10/15/01 Change KING COUNTY HOUSING AUTHORITY Order DEPARTMENT: Resident Services CHANGE ORDER NUMBER : 2 PROJECT: CHANGE ORDER DATE • 117/02 Community Policing PROJECT NUMBER ; CONTRACT NUMBER : 625-2000-0008 CONTRACT FOR : CONTRACTOR: City of Kent Police Department THIS CHANGE ORDER IS SUBJECT TO THE CONDITIONS HEREIN SET FORTH AS FOLLOWS: A. The aforementioned changes and work affected thereby are subject to all contract stipulation and covenants, B. The rights of the King County Housing Authority are not prejudiced; and C. All claims against the King County Housing Authority incidents / to or as a consequence of the aforementioned change / changes are satisfied. INITIAL OR SIGN WHERE INDICATED BELOW AND AS INSTRUCTED FROM PAGE ONE k AN---- ARCHITECTS INITIALS CONTRACTORS INITIALS {CHA SIGNATURE PAGE 2 OF 2 RCHA 2302 Rev 10/15/01 Contract#: 625-2000-0008 KING COUNTY HOUSING AUTHORITY SECOND CHANGE ORDER TO CONTRACT FOR SOCIAL SERVICES BETWEEN KING COUNTY HOUSING AUTHORITY AND THE CITY OF KENT POLICE DEPARTMENT AGENCY: The City of Kent Police Department 220 Fourth Avenue South Kent, WA 98031 CONTRACT FOR: The Agency shall furnish the residents of the King County Housing Authority communities of Spnngwood Apartments and Valli Kee Homes, drug elimination services, employing the community policing concept, including the operation of a police substation on site in Spnngwood Apartments with two (2) half-tune police officers. The Contract is changed as follows: Delete: Section 2. Contract Documents; and Section 3. Terms of the Contract, Parts A., C., and D; . Replace with: 2. Contract Documents. (2) Exhibits, as listed, Exhibit A Scope of Work(Revised 12-01) Exhibit B Project Budget and Invoice Schedule(Revised 12-00) Exhibit B-1 Project Budget Exhibit C Reporting Requirements (Revised 12-01) Exhibit D Invoice Format (Revised 12-00) Exhibit D-1 Invoice Format Exhibit E Resident Contact Data Report (Revised 12-01) Exhibit F Monthly Narrative Report(Revised 12-01) Exhibit G Section 3 Certification Requirements King County Housing Authority and the City of Kent Police Department Second Change Order to Contract for Social Services Page 1 of 3 Exhibit G-1 Section 3 Certification Form(Agency) (Revised 12-01) Exhibit G-2 Section 3 Certification Form(Operatives) (Revised 12-01) Exhibit H Insurance Requirements Exhibit I -- Facility Use Policy 3. Terms of the Contract. A. Duration of Contract: The Contract shall be in full force and effect for a period commencing December 1, 1999, and ending November 30, 2002, unless sooner terminated, pursuant to Section 8, Default and Termination, herein Time is of the essence for this Contract C. Compensation and Method of Payment: KCHA shall pay the Agency two hundred fifty-five thousand eight hundred eighty-nine dollars ($255,889) for services rendered according to the rate and method set forth on Exhibits D and D- 1 attached hereto and incorporated herein D. Agency Budget: The Agency shall apply the funds received under this Contract within the maximum limits set forth in this Contract and according to the budget itemized on Exhibits Band B-1 The Agency shall request prior approval from KCHA whenever the Agency desires to amend its budget by transferring funds among the budget categories, pursuant to Section 7, Contract Modifications, herein Insert: 25. Title to Property Acquired. A. Property acquired with funds received from KCHA pursuant to this Agreement which cost five hundred dollars ($500) or more, per item, and which has a useful life of one year or more, shall become the property of KCHA and shall be considered to be only on loan to the Agency B. The Agency shall use such property only for Program purposes, exercise reasonable care for its maintenance, and be responsible for any loss, damage, or disappearance The Agency shall mark each such item of property with KCHA property tags upon acquisition; complete inventory cards in duplicate for each purchase — one for the Agency and one to be forwarded within five days of purchase to KCHA, maintain a ledger entitled "Equipment, Furniture, and Fixtures" showing expenditures for equipment and such other inventory records as may be required by KCHA, and make a physical inventory of property purchased with program funds conveyed through this Contract at least once per King County Housing Authority and the City of Kent Police Department Second Change Order to Contract for Social Services Page 2 of 3 year and reconcile the results with the property records Any loss, damage, or disappearance of property acquired with Program funds conveyed through this Contract shall be reported to KCHA immediately C. Upon the expiration or earlier termination of this Contract, or upon the completion of the Program, all such property and all finished or unfinished documents and materials prepared by the Agency with Program funds conveyed through this Contract shall, at the option of KCHA, be considered the property of KCHA and forwarded to KCHA upon request Any and all products, program designs, or other written materials created in whole or in part by the Agency or its agents or employees with the support of KCHA funds shall be the property of KCHA during the term of this Agreement and after its expiration or termination. King County Housing Authority and the City of Kent Police Department Second Change Order to Contract for Social Services Page 3 of 3 EXHIBIT A- SCOPE OF WORK(REVISED 12-01) THE CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING SERVICES AT SPRINGWOOD AND VALLI KEE HOMES OVERVIEW OF CONTRACT: Contract Number: 625-2000-0008 Contract Period: December 1, 1999 to November 30, 2002 Total Contract Value: $ 255,889 00 Provision of Services: The Agency shall furnish the residents of the King County Housing Authority communities of Spnngwood Apartments and Valli Kee Homes, drug elimination services, employing the community policing concept, including the operation of a police substation on site in Spnngwood Apartment with two (2) half-time police officers providing a minimum total of 160 hours of service per month In performing such services,the Agency shall at all times comply with all Federal, State and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection herewith KCHA may, subject to the provisions contained in Section 8, Default and Termination, by written notice of default to the Agency, terminate this Contract for (a) acts by the Agency outside of the scope of described services or (b) failure to perform any of the services or reporting activities specified in this Contract. SCOPE OF WORK TO BE PERFORMED BY AGENCY: The Agency shall furnish the residents of Spnngwood Apartments and Valli Kee Homes, drug elimination services, employing the community policing concept and will operate a police substation on site in Spnngwood Apartments with two one half-time police officers serving the two communities, providing a mimmum total of 160 hours of service per month. The City of Kent Police Department agrees that it will not reduce its current level of police services to the public housing developments, particularly in the areas of community policing, patrol, criminal investigation, records, dispatch and special operations Kent Police Department will cooperate with KCHA to eliminate drug-related crime in KCHA communities based upon the Drug Elimination Grant written proposal as the Plan of Operations to establish the manner and method of performance for community police services to be provided The City of Kent Police Department will participate in semi-annual program evaluation and reporting based on program goals as stated in the Drug Elimination Grant written proposal Either party to the contract may amend the scope of the plan of operations through written request for an amendment The Executive Director of the King County Housing Authority and the Mayor of the City of Kent shall provide final determinations regarding the establishment of an amendment to the plan of operations The City of Kent Police Department will provide the following services King County Housing Authority and The City of Kent Police Department Contract for Social Services—Community Policing Services at Sprmgwood and Valli Kee Homes Exhibit A—Scope of Work(Revised 12-01) Page I of 3 EXHIBIT A- SCOPE OF WORK(REVISED 12-01) THE CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING SERVICES AT SPRINGWOOD AND VALLI KEE HOMES Description of Services Levels of Services / Qualifications 1. Community Policing Activities: Resident Contact(Walk-m's&Telephone) . Twenty(20)residents per month nummum Walking/Bicycle Patrols • Ten(10)Patrols per each site per month minmuirn Community Policing Contacts . One hundred(100)people per month minimum in Sprmgwood Apartments and twenty-five(25) people per month minimum in Valli Kee Homes On-View Contacts/Investigations . Ten(10)per month mimmum Self-Initiated Field Activities (Prevention/Mediation . Ten(10)per month minimum /Intervention) Enforcement Contacts / Patrol Assists / Traffic . As they occur Reports/Follow Ups,etc 2. Crime Prevention Activities for Springwood Apartments and Valli Kee Homes: Coordinate, tram and support the activities of on site . At least one(1)activity per quarter per site recreation, social services programs, resident council serving a mimmum of fifteen(15)residents and KCHA Provide Crime Prevention, Security and Safety . Provide Housing Staff with one(1)program per Education Programs semester or work one-on-one with staff Advise KCHA in the planing and unplementation of . As requested other security programs Home Safety/Security Surveys of residents . One to two(1-2)per Quarter Childhood Safety/Crime Prevention Programs . Two(2)per Year per Site Youth Prevention Activities • One(1)per Quarter per Site Apartment Watch Meetings or other prevention 0 One I OPer Quarter activities King County Housing Authority and The City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit A—Scope of Work(Revised 12-01) Page 2 of 3 EXHIBIT A- SCOPE OF WORK(REVISED 12-01) THE CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING SERVICES AT SPRINGWOOD AND VALLI KEE HOMES 3. Coordination and Communication Activities: Attend Resident Council Meetings and maintain a On going communication lines with resident leaders Coordinate support efforts with other social service . As needed agencies, schools, job support and health care providers serving resident farmlies and make referrals for services Provide Housing Management with a calendar of a As needed officer's monthly schedules Attend all Team meetings to plan, coordinate and . Ongoing schedule programs, problem-solve, and maintain project communication 4. Reporting Activities Provide outcome-based program reports and data a As needed or as requested by KCHA staff information to KCHA Report to Housing management all police concerns, . As needed or as requested by KCHA staff incidents of drugs and drug related crime occurrences, and non-emergency criminal activities in the communities Coordinate crime reduction efforts Respond to Housing Management written requests for . As needed or as requested by KCHA staff services or information and provide requested public information which deals with criminal activity in KCHA communities King County Housing Authority and The City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit A—Scope of Work(Revised 12-01) Page 3 of 3 EXHIBIT B-1 - PROJECT BUDGET CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING SERVICES AT SPRINGWOOD AND VALLI KEE HOMES TOTAL CONTRACT VALUE: $ 255,889.00 PROJECT BUDGET-DECEMBER 1, 2001 THROUGH NOVEMBER 30, 2002: Cost Description KCHA Budget City of Kent Match Total Budget PERSONNEL Salaries&Wages(Step A Patrol Officer's Salary) $65,985 $-0- $65,985 Overtime/Salary Benefits for Step A Patrol Officer $1,032 $5,875 $6,907 Payroll Taxes/Frin eBenefits $19,968 $-0- $19,968 PERSONNEL SUBTOTAL $86,895 $5,875 $92,860 ADMINISTRATIVE SUPPORT Field Sergeant 10%Salary/Benefits $9,139 $9,139 Grant Management 5%Lt Sala Benefits $5,264 $5,264 Crime Prevention Ole 10%sal/ben $6,189 S6,189 Finance/Acct Audrtin 3%sal/ben $2,043 $2,043 ADMIN.SUPPORT SUBTOTAL $22,635 $22,635 NON-PERSONNEL Bike Repair $150 $150 Telephone,2 d Line Needed $2,496 $2,496 Supplies,Paper,Pencils $1,500 $1,500 Uniform/protective equipment replacement $1,500 $1,500 Vehicle Fuel/Operation $15,750 $15,750 Dedicated Computer Terminal $428 $428 NON-PERSONNEL SUBTOTAL $21 824 $21,824 EQUIPMENT/FURNITURE Office Furniture, Small Tools $1,000 $1,000 E UIPMURNITURE SUBTOTAL $1,000 $1,000 TRAVEL/TRAINING Travel and training $1,998 $1,998 TRAVELITRAINING SUBTOTAL $1,"8 $1,998 PROJECT TOTAL $86,985 $53,332 $140,317 King County Housing Authority and City of Kent Police Department Contract for Social Services-Community Policing Services at Springwood and Valli Kee Homes Exhibit B-1 -Project Budget Page 1 of 1 EXHIBIT C - REPORTING REQUIREMENTS (Revised 12-01) CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING SERVICES AT SPRINGWOOD AND VALLI KEE HOMES Monthly Client Data Reports: The Agency shall submit a Client Data Report, providing demographic information regarding program participants receiving services during the reporting period, to KCHA no later than ten (10) days after the close of each Contract Month. The format for the Client Data Report is attached as Exhibit E Monthly Narrative Reports: The Agency shall submit a Narrative Report, providing an overview of project progress and achievements, to KCHA no later than ten (10) days after the close of each Contract Month The format for the Narrative Report is attached as Exhibit F Monthly Invoices: The Agency shall submit Invoices to KCHA no later than ten (10) days after the close of each Contract Month, as described within the Project Budget (see Exhibit B-1) The Invoice format is attached as Exhibit D-1 Schedule of Program Activities: The Agency shall submit to KCHA a written Schedule of Program Activities regarding the services and activities supported through this Contract The Agency shall notify KCHA in writing of changes to this schedule Insurance: Certification(s) of insurance coverage as required by the social services contract shall be delivered to the Contracting Officer of KCHA before execution of the Contract Information regarding insurance requirements is provided in Exhibit H. Taxpayer Identification and Certification: The Agency shall submit to KCHA a completed W-9 "Request for Taxpayer Identification and Certification"Form with the executed Contract Copy of Grievance Procedure: If available, the Agency shall provide a copy of the Agency's written client grievance procedure to KCHA within fifteen (15) days of the execution of the Contract Monitoring and Coordination: At least once during the duration of this Contract, KCHA will visit the Agency to monitor contract progress The Agency shall be expected to work as a team member and coordinate efforts with KCHA on-site management, KCHA Resident Services staff and other service providers Section 3 Certification Form: The Agency shall submit a Section 3 Certification Form to KCHA semi-annually, beginning within ten (10) working days of execution of this Contract Information regarding Section 3 requirements is provided in Exhibit G and the Section 3 Certification Form is attached as Exhibit G-1 King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Sprnngwood and Valli Kee Homes Exhibit C—Reporting Requirements(Revised 12-01) Page I of I EXHIBIT D-1 - INVOICE CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING AT SPRINGWOOD AND VALLI KEE HOMES KING COUNTY HOUSING AUTHORITY DEPARTMENT OF RESIDENT SERVICES AGENCY'S INVOICE REIMBURSEMENT COST CITY OF KENT POLICE DEPARTMENT Invoice No. 220 4th Ave S Kent, WA 98032-5895 Invoice Period Project Title Contract No Community Policing at Spnngwood and Valli Kee Homes 625-2000-0008 Contact Person Lt Bob Chne Project Period Contact Phone Number 253 856-5823 12/l/01 to 11/30/02 Cost Description KCHA Budget Previously Billed Current Invoice Balance Available PERSONNEL $86,985 00 PROGRAM TOTAL $86,985 00 TOTAL REIMBURSEMENT REQUESTED - THIS INVOICE $ INVOICE CERTIFICATION I,the undersigned,do hereby certify under penalty of perjury,that the materials have been furnished, the services rendered or the labor performed as described herem,and that the claim is a just, due and unpaid obligation against the King County Housing Authority and that I am authorized to authenticate and verify to said claim Typed Name Authorized Signuature Date King County Housing Authority and City of Kent Police Department Contract for Social Services-Community Policing at Spnngwood and Valli Kee Homes Exhibit D-1-Invoice Page 1 of 1 R O O O O O O O O O O O O O O O O O O O O O O O R , F h M M O O M M N N N W N N � N H b �J N G m a N C N N EZ N •-• G N Vy O O y N N ^0 U o N c ry o F ¢ y4 0 0 Cl wCr{ z ¢ > E y N a3 � e ;� Qom F i M bo b O V O U W .. .. x mu 0+ spy L N N G � ~ O � ❑U W a w o a u X a b b H w ° z a o ° 0. M M z w Em` .ro+ y a � a E ° C t e z o w N M Q 0 u c \ . ( , \/ ! ) ±) k, Q � ! ! ! § !» k 2 z \ }� j § - \ 2 � & r ) \ \ \ / - . - § � = | k � u : \ emu : ; ; = ) _ . , _ _ _ 5 \ / . ; ( " /) § \ {) } � § , ) 2 . \) / ° ] § ) ` d § § a {{) ` ) / CQ . ) / / \ r [ u . / ; - k � ( ! / ! ) . § [ ! \ { \77E ! \ \ \ / F.>0 > az = 7A « . t ; \ � wu w u § � 0u \ a0up / / ( _ § § ! _ - u _ # ) (. ) k ( \ ) ! _ ( § ! \! ` g e fi! § ) \{\ ) 2 & ) \ ) / ; \ @ § u / / ! § § \ , E < EXHIBIT F—MONTHLY NARRATIVE REPORT (Revised 12-01) CITY OF KENT POLICE DEPARTMENT COMMUNITY POLICING SERVICES AT SPRINGWOOD AND VALLI KEE HOMES MONTHLY NARRATIVE REPORT: Please provide a brief summary of program activities, addressing the following issues for the service activities described within this Contract 1. Highlights: Describe highlights of program activities and accomplishments 2. Performance Standards: Please describe progress toward the accomplishment of program objectives and standards Also, please describe any performance standard(s) not on target and provide explanation 3. Problems and Program Adjustments: Please describe any major problems identified and any solutions, corrective actions and/or adjustments made to your program to address identified problems 4. Other Comments: Please provide any other comments or observations you wish King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit F—Monthly Narrative Report(Revised 12-01) Page I of 1 EXHIBIT G-1 -- SECTION 3 CERTIFICATION FORM (AGENCY) (REVISED 12-01) THE CITY OF KENT POLICE DEPARTMENT It KING COUNTY HOUSING AUTHORITY SECTION 3 CERTIFICATION FORM (Agency to return this Section 3 Certification Form ONLY) Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, requires that Housing Authorities and agencies receiving HUD fundmg encourage, to the greatest extent possible, the hiring of low-income persons To this end, we ask that you provide the following information Based on the chart below,were any of your current staff s income, for at least one of the past three years, at or below the low-income limit listed for his or her household (circle one)? YES NO If YES,were any of these individual(s)Housing Authority Resident(s) (circle one)? YES NO If YES,how many? Family Low Income Limits er year) For King or 1 2 3 4 5 6 7 8 Snohomish Person Person Person Person Person Person Person Person Counties Income in$ 36,750 42,000 47,250 52,500 56,700 60,900 65,100 69,300 For Pierce 1 2 3 4 5 6 7 8 CountyPerson Person Person Person Person Person Person Person Income in $ 28,550 32,650 36,700 40,800 44,050 147,350 50,600 53,850 I certify that of my staff, for at least one of the immediate past three years, has/have been at or below the low-income level as designated above Signature Date Title King County Housing Authority and The City of Kent Police Department Exhibit G-1 -Section 3 Certification Form(Agency) (Revised 12-01) Page 1 of 1 EXHIBIT G-2 -- SECTION 3 CERTIFICATION FORM (OPERATIVES) (REVISED 12-01) CITY OF KENT POLICE DEPARTMENT • KING COUNTY HOUSING AUTHORITY SECTION 3 CERTIFICATION FORM (To be distributed to operatives of the Agency directly connected with the provision of contracted services) Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, requires that Housing Authorities and agencies receiving HUD funding, to the greatest extent possible, direct that funding to businesses that provide economic opportunities to low-income persons To this end, we ask that you provide the following information Name Address Date of Hiring Housing Authority Resident (circle one)9 YES NO Based on the chart below,please indicate whether your income, for at least one of the past three years, was at or below the low-income limit listed for your household: My income level, for at least one of the past three years,was at or below the low-income limit (circle one) YES NO F ly Low-Income Limits (per ear For King or 1 2 3 4 5 6 7 8 Snohomish Person Person Person Person Person Person Person Person Counties Income in$ 36,750 42,000 47,250 52,500 56,700 60,900 65,100 69,300 For Pierce 1 2 3 4 5 6 7 8 CountyPerson Person Person Person Person Person Person Person Income in$ 1 28,550 32,650 36,700 40,800 44,050 1 47,350 150,600 53,850 I certify that my income, for at least one of the immediate past three years, has been at or below the low-income level as designated above Signature Date Title King County Housing Authority and City of Kent Police Department Exhibit G-2- Section 3 Certification Form(Operatives)(Revised 12-01) Page 1 of 1 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY OVERVIEW OF POLICY A. Introduction. The community buildings, community rooms and other public spaces (individually and collectively"Community Facility or Facilities") provided by the King County Housing Authority ("KCHA") within its developments are intended primarily for uses which serve the interests and promote the general welfare of residents of those developments These Community Facilities are not for rent on a commercial basis nor will their use be permitted for activities which solely provide individual,personal financial gain or which solely serve commercial purposes B. Intent. The intention of this Facility Use Policy is 1 To encourage the use of these Community Facilities for purposes which provide social, educational, recreational or other general welfare benefits to KCHA residents and the larger community. 2 To provide guidance regarding appropriate uses of these Community Facilities by individuals and organizations. 3 To outline KCHA's expectations regarding the responsibilities of individuals or organizations who seek to use these Community Facilities C. Sponsors. This policy recognizes four (4) primary potential categories of individuals and organizations (individually and collectively"Sponsors") seeking to utilize these Community Facilities. • Individual residents or informal groups of residents seeking to utilize Community Facilities for events or activities, such as family parties, resident social events, workshops or meetings featuring speakers invited by residents or • Resident Councils or other formal resident organizations seeking to utilize Community Facilities for events or activities, such as those described above, or for regular, on-going programming or • Non-profit service agencies or governmental organizations seeking to utilize Community Facilities to provide programming which targets and benefits resident populations or • Individuals, including residents, or for-profit organizations seeking to realize commercial gain through the utilization of the Community Facilities to provide programming which targets and benefits resident populations. King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit I—Facility Use Policy of the King County Housing Authority Page 1 of 8 Version 8-10-00 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY D. Facility Categories. Further, this policy recognizes that KCHA properties include diverse public or common spaces which are not always adequately addressed by one common set of policies or procedures for this use For the purposes of this Facility Use Policy, KCHA's Community Facilities shall be defined, generally, in two separate categories 1 Unlocked, Regularly Available Facilities, which are usually contiguous with residential living spaces and/or which are typically left unlocked, open and accessible to residents, even when not in use 2 Regularly Locked Facilities, many of which typically stand separate from residential living spaces, which are typically left locked and are accessible only by key except when in use This category includes residential units that have been taken "off-line" to provide space for programs or services to benefit resident populations This Facility Use Policy shall explicitly identify and discuss policies which differ for each type of Community Facility or which apply only to one type of Community Facility Further, this Facility Use Policy shall provide an overview of policies which govern the potential use by different categories of individuals, groups and organizations and shall also discuss policies which differ depending upon the type of Sponsor or which apply only to one type of Sponsor PROVISIONS OF POLICY Lease Agreements: KCHA may choose, at its sole discretion, to execute formal Lease Agreements with Resident Councils, non-profit service agencies, and governmental agencies, granting such organizations the right to use a Community Facility, or a portion thereof, according to the terms of the Lease Agreement In such instances where the terms of the Lease Agreement differ from the policies which govern the use of Community Facilities by Sponsors, the terms of the Lease Agreement shall take precedent. Any sub-leases or other agreements initiated by the Lease-holding agency regarding the utilization of the leased space shall comply with the terms of KCHA's Lease Agreement Hours of Availability: The Sponsors' use of the Community Facility shall fall between the hours of 8 00 AM and 10 00 PM, unless previously arranged and approved by KCHA staff authorized to do so or by authorized staff from the Lease-holding agency (if any) During all hours of availability, Sponsors shall ensure that their use of the Community Facility does not result in any criminal activity or any unreasonable disruption of the ability of residents to peacefully enjoy their living environments, and shall comply with any applicable local regulations regarding noise King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit I—Facility Use Policy of the King County Housing Authority Page 2 of 8 Version 8-10-00 EXHIBIT I— FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Availability, Scheduling, Keys and Deposits: Prior to scheduling a one-time event or on-going programming, Sponsors shall confine that their plans do not conflict with any previously scheduled events or programming If uncertain of how to confirm availability, potential Sponsors shall consult with staff of the appropriate KCHA Area Office or an appropriate KCHA Resident Services staff person Any questions or disputes regarding availability within the schedule shall be referred to appropriate KCHA staff for resolution The Housing Authority reserves the right to approve or not approve the use of Community Facilities for the proposed purposes and to determine the priority among potential users. For example, KCHA will give priority to the use of Community Facilities as polling places for local, state, and federal elections Resident Sponsors Requirements for residents to schedule a Community Facility for use necessarily vanes depending upon the nature of the Community Facility. • Unlocked, Regularly Available Facilities- In some such Community Facilities, a calendar of scheduled events may be posted and is sufficient for residents and resident organizations to schedule a one-time or occasional event or activity. For other such Community Facilities, resident Sponsors may need to consult with appropriate KCHA staff to schedule a one-time or occasional event or activity Resident Sponsors seeking to schedule regular, on-going programming within any regularly unlocked Community Facility shall consult with appropriate KCHA staff prior to initiating such programming Any questions or disputes regarding availability within the schedule shall be referred to appropriate KCHA staff for resolution Individual residents, informal groups of residents, Resident Councils and other formal resident organizations are allowed to utilize unlocked, regularly available Community Facilities, such as community rooms or community libranes, on an informal, unscheduled basis so long as such use does not disrupt any previously scheduled use of that space and such residents recognize the priority given to scheduled, planned uses of that Community Facility • Regularly Locked Facilities For such Community Facilities, all potential resident Sponsors shall consult either with appropriate KCHA staff or with appropriate staff from the Lease-holding agency(if any) to determine the availability of the Community Facility To formally request and schedule such a Community Facility, the resident Sponsor shall complete and submit a Request for Use of Community Space form KCHA or the Lease- holding agency will review the request, confirm the availability and issue any necessary keys The resident Sponsor is forbidden from making, or having made keys, and any keys issued shall be marked "Do Not Copy or Duplicate" Approval for use by a Lease- holding agency shall be subject to the terms and conditions of the Lease KCHA and/or the Lease-holding agency shall request refundable deposits of$25 00 from resident Sponsors requesting to utilize such a Community Facility but shall return the deposit upon satisfactory return of any keys issued and following a timely inspection King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Springwood and Valli Kee Homes Exhibit I—Facility Use Policy of the Kmg County Housmg Authority Page 3 of 8 Version 8-10-00 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY which confirms the Sponsor appropriately cleaned the Community Facility and did not cause any damage beyond normal wear and tear. Resident Sponsors will also be held responsible, and shall promptly reimburse KCHA, for costs associated with replacement of keys, cleaning or repair of damages in excess of the deposit Non-Resident Sponsors Non-resident Sponsors shall always consult with appropriate KCHA staff or with appropriate staff from the Lease-holding agency to schedule the use of any Community Facility for any purpose and will be held to the same standards of accountability as resident Sponsors, as described above Supplies and Equipment: All resident Sponsors will be provided with equitable access to any supplies or equipment which are provided within a Community Facility and will be expected to treat and utilize such supplies and equipment with care. Non-resident sponsors may be required to provide their own supplies and equipment, subject to the discretion of KCHA Cleaning Facility and Responsibility for Damages: Sponsors accept full responsibility for cleaning the Community Facility upon completion of their use and shall return the Community Facility to its previous condition, including, but not limited to • Immediately notifying KCHA of any damages or needed repairs, either noticed or caused by the Sponsor. • Picking or cleaning up and disposing of all debris, trash and garbage. • Washing any dishes, silverware or other supplies utilized and returning to original location • Returning tables and chairs to original set-up pattern. • Turning off lights,heat, water faucets and appliances, unless otherwise instructed • Closing and securing all exterior doors and windows unless otherwise instructed • Returning all keys as instructed • Promptly reimbursing KCHA for costs associated with the replacement of keys, cleaning or repair of damages in excess of the $25 00 refundable deposit Expectations regarding cleaning and damages for Community Facilities leased to another agency shall be described and governed by the terms of the Lease Agreement. For regularly locked Community Facilities, not leased to another provider, KCHA staff may inspect the Community Facility after the scheduled use Regardless of type of the Community Facility, Sponsors will be charged for additional cleaning costs resulting from their use of the Community Facility, and will also be held responsible for costs associated with any damage to the Community Facility or equipment resulting from their use of the Community Facility. King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Springwood and Valli Kee Homes Exhibit I—Facility Use Policy of the Kmg County Housing Authority Page 4 of 8 Version 8-10-00 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Commercial Use of Community Facilities: KCHA's Community Facilities are not intended for commercial uses by individuals or organizations and cannot serve as the base of operations for any commercial enterprises Individuals or for-profit organizations may be allowed to sponsor events or provide services within Community Facilities which will provide the individual or organization with commercial gain, subject to the following considerations • The individual or organization proposes to provide necessary services or products which benefit KCHA residents but which are not readily accessible, or are not as easily affordable, within the surrounding community • The individual or organization proposes to donate a portion of profits generated to a Resident Council or other formal resident organization • The individual or organization proposes to utilize a portion of profits generated to purchase and donate an item of direct benefit to the resident population, subject to the approval of KCHA • The individual or organization has been invited and/or sponsored by a resident or resident(s) in order to provide a presentation regarding services or products they wish to make available to residents Letters of Agreement and Insurance Coverage: Regular, on-going use of a Community Facility may require the implementation of a formal Letter of Agreement between KCHA and the Sponsor, as described below • Resident Councils or other formal resident organizations Resident Councils or other formal resident organizations who wish to sponsor or coordinate on-going programming within an unlocked, regularly available Community Facility may be required to execute a formal Letter of Agreement with the Housing Authority governing that use of the Community Facility. The terms of the Letter of Agreement may include a requirement that the resident organization provide proof of adequate insurance coverage and an endorsement naming KCHA as an additional insured on all appropriate insurance policies, among other provisions. • Non-profit service or governmental agencies Non-profit service or governmental agencies who wish to sponsor or coordinate on-going programming within an unlocked, regularly available Community Facility shall be required to execute a formal Letter of Agreement with KCHA governing that use of the Community Facility The terms of the Letter of Agreement shall include a requirement that the service agency provide proof of adequate insurance coverage and an endorsement naming KCHA as an additional insured on all appropriate insurance policies, among other provisions • Non-resident individuals and organizations Non-resident individuals and organizations who wish to sponsor or coordinate on-going programming within any available Community Facility shall be required to execute a formal Letter of Agreement with the Housing Authority King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit I—Facility Use Policy of the King County Housing Authority Page 5 of 8 Version 8-10-00 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY governing that use of the Community Facility. The terms of the Letter of Agreement shall include a requirement that the service agency provide proof of adequate insurance coverage and an endorsement naming KCHA as an additional insured on all appropriate insurance policies, among other provisions No exceptions to the insurance requirements shall be made for any for-profit organizations Use of a Community Facility for an individual who is unable to comply with the insurance requirements and may be approved under the following circumstances, subject to the sole discretion of KCHA- 0 The individual proposes to provide a service of direct benefit to residents, as described above, and, • The individual agrees to indemnification requirements determined by KCHA Liability and Indemnification: Resident Sponsors seeking to utilize regularly locked Community Facilities shall,through the Request for Use of Community Space form acknowledge their sole responsibility for any liability resulting from the use of the Community Facility and shall agree to indemnify, defend, and hold KCHA, its representatives, employees, agents, and assigns harmless from any such liability. Non-resident Sponsors seeking to utilize any KCHA Community Facilities on a regular and on-going basis shall be required to execute a Letter of Agreement or Lease Agreement which shall specify the liability and indemnification requirements Fees for Services: Any fees collected for services coordinated by a Resident Council, other formal resident organization, non-profit service agency or governmental organization shall be directly related to the cost of providing such services Fundraising Activities: Resident organizations may, with prior approval of appropriate KCHA staff, utilize Community Facilities for fundraising activities so long as all funds raised through the designated fundraising aspects of the activity are provided to the resident organization, not to any individuals The utilization of such funds shall be subject to the resident organizations' policies and procedures for making such decisions Non-profit service agencies shall not regularly utilize KCHA's Community Facilities for fundraising activities Exceptions to this policy shall be considered on a case-by-case basis and may require the approval of KCHA's Executive Director Exceptions to this restriction may require that all funds raised benefit service programs which directly target and serve KCHA residents All such fundraising activities shall comply with all appropriate legal regulations and restrictions and may not violate any established standards for use of the Community Facility King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Spnngwood and Valli Kee Homes Exhibit I—Facility Use Policy of the King County Housing Authority Page 6 of 8 Version 8-10-00 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Alcohol: The sale or use of alcoholic beverages is forbidden within any of KCHA's Community Facilities Smoking: Smoking is prohibited within any of KCHA's interior Community Facilities Conduct of Participants and Adult Supervision: Sponsors are responsible for the conduct and actions of all participants involved during their scheduled use of a Community Facility and shall provide adequate adult supervision to all minor participants Further, Sponsors shall ensure that participants who do not live within the development do not utilize parking reserved for residents only Illegal Activities: KCHA has zero tolerance for any illegal or criminal activity, including illegal drag-related activity, within its developments and in and around its Community Facilities, and shall pursue all appropriate legal recourse in response to such activity, including termination of the tenancy of residents' involved in such activity Violations of Residential Leases: The behavior and conduct of resident Sponsors, resident participants, and residents' guest participants in events or activities in Community Facilities are subject to the requirements of residents' lease agreements Violations of the policies governing the use of Community Facilities, including unreasonable damage to a Community Facility, unreasonable disruption to other residents' peaceful enjoyment of their living environment, or illegal activity, may result in the termination of the tenancy of involved residents. Members of Resident Councils or other formal resident organizations shall be subject to the same standards of conduct and same potential sanctions as all other residents, as described above Use of Facilities for Religious Events or Activities: Religious organizations and residents seeking to utilize KCHA's Community Facilities for activities which feature a religious focus or religious expression, such as bible study groups, shall be accorded access to Community Facilities on the same terms as other organizations or residents and shall be held to the same restrictions and requirements governing the use of those Community Facilities Such religious use of KCHA's Community Facilities will be evaluated to ensure that the use is not so intensive as to constitute an excessive entanglement of KCHA in religious matters which may violate the Establishment Clauses of the United States Constitution or the Washington State Constitution Religious use which may constitute such an excessive entanglement may include, but not be limited to, regularly scheduled religious services sponsored by a particular religious organization or the use of KCHA Community Facilities as a base of operations for a particular religious organization King County Housing Authority and City of Kent Police Department Contract for Social Services—Community Policing Services at Springwood and Valli Kee Homes Exhibit I—Facility Use Policy of the King County Housing Authority Page 7 of 8 Version 8-10-00 EXHIBIT I—FACILITY USE POLICY OF THE KING COUNTY HOUSING AUTHORITY Agency Meetings: Non-profit service agencies and governmental organizations may occasionally schedule and utilize KCHA Community Facilities for meetings for agency personnel, board members, volunteers or other representatives as long as such meetings do not interfere with previously scheduled uses, prevent residents from receiving adequate opportunities to utilize the Community Facility, or excessively interfere with other service providers ability to utilize the Community Facility for programming of direct benefit to KCHA residents Distribution of Flyers and Recruitment: In general, distribution of flyers or other promotional materials regarding the Sponsor's use of the Community Facility shall be the responsibility of the Sponsor, unless otherwise arranged Flyers or promotional materials that utilize KCHA's name and/or logo shall be approved by appropriate KCHA staff prior to distribution King County Housing Autbonty and City of Kent Police Department Contract for Social Services—Community Policing Semees at Spnngwood and Valli Kee Homes Exhibit I—Facility Use Policy of the King County Housing Authority Page 8 of 8 Version 8-10-00 General Contract Conditions U.S. Department of Housing and Urban Development Non-Construction Office of Public and Indian Housing OMB Approval No 2577.0180(exp 4/30M) Public Reporting Burden for this collectlonollnformatlon is estimated to average 008 hours per response,lncludingthetlme for reviewing instructions,searchingexlsting data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Information Send comments regarding this burden estimate or any other aspect of this collection of infomiatlon,Including suggestions for reducing this burden,to the Reports Management Officer,Office of Information Policies and Systems,US Department of Housing and Urban Development,Washington,D C 20410-3600,and to the Office of Management and Budget,Paperwork Reduction Project(2577-0180),Washington,D C 20503 Do not send this completed form to either of these addressees 1. Definitions (d) Provided the Contractor has (1) given the notice within the time The following definitions are applicable to this contract stated in paragraph (c)above, and(2) excepted its claim relating to — (a) "Authority or Housing Authority(HA)"means the K i n4 such decision from the final release,and(3)brought suit against the County Hous3 ng Authority Housing Authority HA not later than one year attar receipt of final payment, or rf final _ (b) "Contract"means the contract entered Into between the Aulhorty payment has not been made, not later than one year after the andtheContractor It includes the contract form,the Certifications Contractor has had a reasonable time to respond t0a written request and Representations, these contract clauses, and the scope of by the HA that rt submit a final voucher and release, whichever is work It includes all formal changes to any of those documents by earlier,then the HA's decision shall not be final or conclusive,but the addendum, Change Order,or other modification dispute shall be determined on the merits by a court of competent (c) "Contractor" means the person or other entity entering into the jurisdiction contractwththe Authority to perform all olthe work required under (e) The Contractor shall proceed diligently with performance ofthis — the contract contract, pending final resolution of any request for relief, claim, (d) "Day'means calendar days, unless otherwise stated appeal, or action arising under the contract, and comply with any — (e)"HUD'means the Secretary of Housing and Urban development, decision of the HA his delegates, successors, and assigns, and the officers and — employees of the United States Department ofHousingandUrban 4. Termination for Convenience and Default Development acting for and on behalf of the Secretary (a) The HA may terminate this contract in whole,or from time to time in part,for the HA's convenience orthe failure of the Contractor to f uffill 2. Changes the contract obligations(defaut) The HAshallterminatebydelivering _ (a) The HA may at anytime,by written order,and without notice tothe tothe Contractor a written Notice of Termination specifying the nature, sureties,it any,make changes within the general scope of this contract extent,and effective date of the termination Upon receipt of the notice, In the services to be performed or supplies to be delivered the Contractor shall (1)immediately discontinue all services affected — (b) If any such change causes an increase or decrease in the hourly (unless the notice directs otherwise), and (2) deliver t0 the HA all rate,the not-to-exceed amount of the contract,or the lime required for, information, reports, papers, and other materials accumulated or performance of any part of thework underthis contract,whether or not generated in performing this contract, whether completed or in changed by the order, or otherwise affects the conditions of this process — contract, the HA shall make an equitable adjustment in the not-to- (b) If the termination is for the convenience of the HA,the HA shall be exceed amount, the hourly rate, the delivery schedule, or other liable only for payment for services rendered before the effective date — affected terms,and shall modify the contract accordingly of the termination (c) The Contractor must assert its right to an equitable adjustment (c) It the termination is due to the failure of the Contractor to fulfill its — under this clause within 30 days from the date of receipt of the written obligations under the contract(defaut), the HA may (1) require the order However,d the HAdecidesthatthefacts justly it,the HAmayracEwe Contractor to deliver to it,in the manner and to the extent directed by — and act upon a proposal submitted before final payment of the contract the HA, any work as described in subparagraph (a)(2) above, and (d) Failure to agree to any adjustment shall be a dispute under clause compensation be determined in accordance with the Changesclause, _ Disputes, herein However, nothing In this clause shall excuse the (2) take over the work and prosecute the same to completion by Contractor from proceeding with the contract as changed contract or otherwise, and the Contractor shall be liable for any — additional cost incurred by the HA,and(3)withhold any payments to (e) No services for which an additional cost or fee will be charged by the Contractor, for the purpose of set-off or partial payment, as the the Contractor shall be furnished without the prior written consent of case may be,of amounts owed the HA by the Contractor the HA (d) I1,after termination iorfailureto fulfill contract obligations(delauh), 3. Disputes a is determined that the Contractor had not failed,the termination shall — be deemed to have been effected forthe convenience of the HA,and the (a) All disputes arising under or relating tothis contract,Including any Contractorshallbeenttledtopaymertas described inparagraph(b)above — claims for damages for the alleged breach thereof which are not (a) Anydisputeswthregardto this clause are expressly made subject disposed of by agreement,shall be resolved under this clause to the terms of clause tilled Disputes herein -- (b) All claims by the Contractor shall be made in writing and submitted to the HA A claim by the HA against the Contractor shall be subject S. Assignment of Contract to a written decision by the HA. The Contractorshalf not assign ortrensfer any interest in this contract, (c) The HA shall,with reasonable promptness,but in no event in no exceptthat claims for momes due ortobecomeduefromtheHAunder — morethan60days,rendera decision concerning anyclaimhereunder. the contract may be assigned to a bank, trust company, or other Unlessthe Contractor,wthln30daysafterreceiptof the HA's decision, financial institution Ifthe Contractor is a partnership,thiscontract shall _ shall notify the HA in writing that it takes exception to such decision, Inure to the benefit of the surviving or remaining member(s)of such the decision shall be final and conclusive partnership approved by the HA Previous edition Is obsolete page 1 of 5 form HUD-6370-C(5192) 6. Certflicate and Release Contractor Any product of work shall be deemed accepted as Prior to final payment under this contract,or prior to settlement upon submitted lt the HA does not issue written comments and/or required termination of this contract,and as a condition precedent thereto,the corrections within 30 days fromthe date of receipt of such product from — Contractor shall execute and deliverto the HAacendlcate and release, the Contractor in a form acceptable to the HA, of all claims against the HA by the (b) The Contractor shall make any required corrections promptly at no — Contractor under and by virtue of this contract,otherthan such claims, additional charge and return a revised copy of the product to the HA it any, as may be specifically excepted by the Contractor in stated within 7days of notification or a later date a extended by the HA — amounts set forth therein c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default If the Contractor's 7. Examination and Retention of Contractor's Records submission of corrected work remains unacceptable, the HA may (a) The HA,HUD,or Comptroller General of the United States,orany terminate this contract (or the task order involved) or reduce the at their duly authorized representatives shall, until 3 years after final contract price orcost to reflectthe reducedvalue of services received payment under this contract.have access to and the right to examine any of the Contractor's directly pertinent books, documents,papers, 10.Rights in Data (Ownership and Proprietary Interest) or other records involving transactions related to this contract for the The HA shall have exclusive ownership of, all proprietary interest in, — purpose of making audit, examination,excerpts,and transcriptions. and the right to full and exclusive possession of all information, (b) The Contractor agrees to include in first-tier subcontracts under materials and documents discovered or produced by Contractor this contract a clause substantially the same as paragraph(a)above pursuant to the terms of this Contract, including but not limited to "Subcontract,"as used in this clause,excludes purchase orders not reports,memoranda or letters concerning the research and reporting exceeding$10,000 tasks of this Contract (c) The periods of access and examination in paragraphs(a)and(b) above for records relating to (1) appeals under the clause titled 11.Interest of Members of Congress Disputes, (2) litigation or settlement of claims arising from the No member of or delegate to the Congress of the United States of performance of thuscontract,or(3)costs andexpensesofthiscontract America or Resident Commissioner shall be admitted to any share or to which the HA, HUD, or Comptroller General or any of their duly pan of this contract or to any benefit to arise therefrom, but this authorized representatives has taken exception shall continue until provision shall not be construed to extend tothis contract d made with — disposition of such appeals,litigation,claims, or exceptions a corporation for its general benefit. 8. Organizational Conflicts of Interest 12.Interest of Members, Officers,or Employees and Former (a)The Contractor warrants thatto the best drts knowledge andbeliet Members,Officere,orEmployees andexcept as otherwise disclosed,it does not have any organizational No member, officer, or employee of the HA, no member of the conflict of interest which is defined as a situation in which the nature governing body of the locality in which the project is situated, no _ of work underthis contract and a Contractor's organizational,financial, member of the governing body In which the HAwas activated,and no contractual or other interests are such that other pubic official of such locality or localities who exercises any (1) Award of the contract may result in an unfair competitive advan- functions or responslbildieswith respect tothe project,shall,during his — tage,or or her tenure, or for one year thereafter, have any interest, direct or (2) The Contractor's objectivity in performing the contract work may indirect,in this contract or the proceeds thereof, be impaired (b) The Contractor agrees that If after award a discovers an organize- 13.Limitation on Payments to Influence Certain Federal — tional conflict of interest with respect to this contract or any task/ Transactions delivery order under the contract,he or she shall make an immediate (a) Definitions As used in this clause and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or "Agency',as defined in 5 U S.C.552(f),includes Federal execu- intends to take to eliminate or neutralize the conflict The HA may, live departments and agencies as well as independent regulatory however,terminatathe contract ortask/delivery order forthe conven- commissions and Government corporations,as defined in 31 U S C. ience of the HA it it would be In the best interest of the HA. 9101(1) (c) In the event the Contrectorwas aware danorgan¢etionalconflict "Covered Federal Action" means any of the following Federal eons of interest before the award of this contract and intentionally did not — disclose the conflict to the Contracting Officer,the HA may terminate (1) The awarding of any Federal contract. the contract for default (2) The making of any Federal grant, — (3) The making of any Federal loan, (d) The terms of this clause shall be included in all subcontracts and (4) The entering Into of any cooperative agreement, and, consulting agreements wherein the workto be performed Is similar to (5) The extension,continuation,renewal,amendment,ormodarcation the service provided by the prime Contractor The Contractor shall of any Federal contract, grant, loan,or cooperative agreement Include in such subcontracts and consulting agreements any neces- Covered Federal action does not Include receiving from an agency a sary provisions to eliminate or neutralize conflicts of interest, commitment providing for the United States to insure or guarantee a sit. Inspection and Acceptance loan, (a) The HA has the right to review,require correction,it necessary,and "Indian tribe"and"tribal organization"have the meaning provided accept the work products produced by the Contractor Suchreview(s) in section 4d the Indian Sea-Determination and Education Assistance S shall be carried out within 30 days so as to not impede the work ofdefinitionss ofthe Act (25 I 450B) Alaskan Natives are included under the Indian tribes In that Act Previous edfbn Is obsolete page 2 or 5 form HUD-6370-C(5192) cooperative agree- into 01 any endment,01 at say Federal loan,the entering renews n or cooperative I confinuatiat,rent,loan owns m*wn viM1h the mar&,and the �y Fedarat co'irad,9 rnedlication to influence m aaratxe before an tdyps cr attemPbng or OPP an Cryker agreement - CCngrsss, rohibbOn does note T Ig so °Inguet am9 communkation m roes (2)Thep n of n ErnP°y its, le rslatNon the use aDPr�in the foes ®0 of a Member of Cong (1) Agency and 9 ant to tempt c��anY agency, 1 (A)The(,Oh this �, not ampt ogwer of = keemployee Congress'o ed deral actron gtate and, of fo atil cprnpensauon In9 o Fodaral cCnuacl,covered Fe Overnmentina taI rece a mantlsioag ^mi connactwn with anY ens a unit 9 b a State for the Paragraph To al govemmerd for othervnse recOgn alOOalDublwarahys,a an-440Y pf ap°rs®IatNeu 9reemenrelated 10 the tO a covered Federal "LOc established, including emmeras, yan,CrcoOp not dusCtly — t chartered, rnentalduty, a oour'wtt of rinsirumen- �atldle9�lataa activities of thu la ' us pedormamectag$®rnlestate6b'rlt, andanY araglep (b)(2)Ulsdbya agency°r Y A a special rdrstrwi,PresentatrveorgenizaflOr n9indty action)For purposes to rdu- rpos acAwettY sponsor group ni anY tine son Gtesare to Y°falocal gwerriffo nagen0� s}audastheto ++ �ernmsnt prWtdtes �patmWjedatany Tne* leirvelfe{ated aspetttc = "�Icet or Strip Eby agency' lion in if°C' Crary �� The following age`icy rot s athey are not a ale who we emp1OY appointed to s p Lion under a temp Perm at any time tar Fader action, ostlers of = (t) An ydpridual who w apD 1or any OCyeted F�uding Ind - ludm9 a � tvklual de rCducts un r tttfe 5. U.5 G., tiro nsa°twn2 tM1is s cdauon agency( of the persons�M1M1ss.and 02. de deliosil 1 prscuss�9IN a dWh harodorstics andservwec a- spPO1nttnent, edseNweSas the 4uattwes ^ crterrnsofsrs iv n a dies regarding the aPD °a (2) Atviamber of the urvtorm delU edkr secUon202,tiVs1B, ( } Cone Cthe Oise Nw� 16,U.5 C ' ra employ®sae commtnae, 7 01 discussions a arsons products e (3) ASPeCkalCirNernme t a Federal advisory n&%2 (�1 or adePteuo of theD geis°rt activities ate U.S C 'end, who IS a Memo orY Corn ni tes Act,tttle S aPPe iation, agency s use vnng ag°ncY and legislative lwtolron cf any (q} �i 6ofiradbytheFadaralPdvvt comparty' ont, (p)Thetoly wePrwrtoformal essery Y nation, govern aril wherethey Ta4rtestedbutnoc not a u Corp a1 8 meansanxidivid lety, Siata, and Icc ornonforprofd. P `" ctwn eC{fwaNY outlnftiatw .personrinarshlp, SpO to her Indian Federala notsp ob authority,Ifirm, Pa her such entity or anizatwn, ed by providtnganY an intoene area an unsolicited Cr d mformetion d decision tribal regardless° sanlndiantribeend'auresapsCAwaltyParmitt (i) for anagj;edric f°maclw. rdingihBPrep °t e covered Federal and Basin from an Th(sterm exclude w}h respect to SONIC issiOr, discussions regarding ratan es In (2)Taohnlcal disco � Organ nor to ins lton one he Smal aw ar s ally Pa'dfor such pTCPCsaI p s by P l ess Other Federal law,the amount norm skerAwn (3) Cam resentatfh provisions of the amid anYtief,ertd bdM1y P 507 and other su 4 hjta Uan coristGodor.dh ssubcontract, di agency pursuanito authoiaed by subdv lion pT asacto. tidesallconiracf ntofiundsrecewedincOnn a amendedtr( PirMcLaw 9 � "FtecIPIeni"tiro the reap e e agree n e aatanYuer d rara,loan,or Cooperatty other India made. those activities expressed under thin Claus aubgrantee rmated by (s)Only clause are PermRt s with a Federal contract.9, tribal organaation,d ally Pe (b)(2)U}(A1°f this of aPPt°pnaly in he caso of tr be, d techn cal services term excludes a respect to Wiper` spec Ql Coal an ass of fun CNwer or am- Ptotess prohibdwr't the organaetion to an t, (A) of clause,doshon s not ws`federal Federal law wRh rasped decal corarad,Or subparagraph(b)(t) meet of reasonable cempens tote to e other Fadd larly employed, means, emp"Oe why a requeawngra°r roc — a Cover Fe or receiving aFe elving 1 amendment, or pl ee�aparsonrequeaee ent, anOiticii °tdays`vihitoagenc (1) A o ea ofaPsrs, conunu ion, redwyrrentitforerat�, eralwo gleam leat1130worlan9 IrutiaiesagencY ertWIOY 0Asnown, an, �in the P el'�onfor r Of coop oniorat mother yen, action or anOtaCoveredFsTenderede &' OLI orapptiC°ti ernowdbYsuchis�1�dateOfthesubnnsshcontra°viihp atop bid Prop _ ICyean, d mCdttkatwn al seNices ° °s of anY r r eras Inv a, Prot receipt of such a year 5008lorteOhnw iofor requirem d Y 01 hin On subrriisswn'°f ne9°or far meeting aNingthat Fe rat actwn• is��d8ratwnofsu°hP®� npnotilcerorsing days ssagency an or ratNe agreem than 130 w°rkrn9 �'Ys we by such Ps the d on that 0 b edaral era as a Canddtoni�ere Other th err Federal or COOP, rson far less eta of submeor s dared 10 beregularly tours pu puts to law as to a P n rr person, a covernddnent, or re9 enable �medistely ece such p shaelmpyy such person (2) AOY f erson reques reno r+th for person ed by amp Cyea of a P continuation, d the payrr ant adoration Vol t he a she is tkt ensran, Federal actlari dkactly in the p ePa he Dist of next on-02sd as soon as States, action Or aor app"ca, n days CA the United of PgySessyn od of a covers ssni . rendersybid,PTopo evils impOssd are WOO g grata o,aterntorY state,and a dkewnn m al or to latiwn a< wrem +State" means a of puenoFirc ntelity Of a 5i its pickets ,or ne, n nweatth ental dui Federal aCnyn or for mseun9 rag ry Federal sthet Fede w low a O�dtwn to race ing that theGomtrro Cr rostrums Cvemm ratwn, Parson CoWrrtb1e States,an agency a ent'M1Y having 9 tion fo that Fe wars or etnP�' tee o consutt- d the un8ed regional.Cr inlet by or Pursuant to other than toprr persons a covered Federal aciwn muttFState, eg that no aPD action n and pOv°ers. U 5 provides In P ra c°ntrod raquestu+g o recaNi ty (b) prohlbitwn C font of Fade arson tot evils and trade associations 31, ubdrvlswn(b)(2)(ii)(A)°tctaand"� s (1)Satt advice ior11352Of a%PendedbYfheredl) any P aeeanY n tp eamertt to Pay (9)For PurP°sas d s 1 ee of servi a "she or technic to 1 rtisc Itns atediundsmay roar r eT °Y steal and i grand loan, o ccoPerat O�ra�ocean oft any Pr°iessiotraf Cr ariemPnn9 s an Crlker essincOrtneciton tmmtiup`,37o c 6 a M®mbar of COngres mbar of Congr ding ra directly apPtying iniluenctng lheawar slung age r ,01 an emp1Oyc to tiny rat acl�I there eredF rant, COS C1 thefotlov<s% kingpt°ny Fe Pao.3 et5 any FederalcOnfr�i'the ma _ .,.,,.odrton is ebsdeb (C)Requirements imposed by orpursuaratolawasa condition Contractor's commitments under this clause, and post copies of the for receiving a covered Federal award include those required by law notice in conspicuous places available to employees and applicants or regulation, or reasonably expected to be required by law or for employment — regulation,and any other requirements rntheactualawarddocuments (1) The Contractor shall comply with Executive Order 11246, as (D) Only those services expressly authorized by subdivisions amended,and the rules,regulations,and orders of the Secretary of — (b)(2)(li)(A)(1)and(2)of this section are permitted under this clause Labor (tat) Selling activities by independent sales representatives (g) The Contractor shall furnish all information and reports required by The prohibition on the use of appropriated funds, in subparagraph Executive Order 11246,as amended and by rules, regulations,and (b)(1) of this clause,does not apply to the following selling activities orders of the Secretary of Labor,or pursuant thereto The Contractor — before an agency by independent sales representatives, provided shall permit access to its books, records, and accounts by the such activities are prior to formal solicitation by an agency and are Secretary of Labor for purposes of investigation to ascertain comply — specdicaily limited to the merits of the matter, ance with such rules,regulations, and orders. (A) Discussing with an agency (including individual demon- (h) In the event of a determination that the Contractor is not in — stration)the qualities and characteristics of the person's products or compliance with this clause or any rule, regulation, or order of The services,conditions or terms of sale,and service capabilities, and Secretary of Labor,this contract may be canceled, terminated, at — suspended in whole or in part, and the Contractor may be declared (8) Technical discussions and other activities regarding the ineligible for further Government contracts, or federally assisted application or adaptation of the person's products or services for an construction contracts under the procedures authorized in Executive _ agency's use Order 11246,as amended In addition,sanctions maybe imposed and (c) Agreement In accepting any contract,grant,cooperative agree- remedies invoked against the Contractor as provided In Executive — ment,orloan resulting from this solicitation,the person submitting the Order 11246,as amended,the rules,regulations,and orders of the offer agrees not to make any payment prohibited by this clause Secretary of Labor,or as otherwise provided by law. — (d) Penalties Any person who makes an expenditure prohibited (t) The Contractor shall include the terms and conditions of this clause under paragraph(b)of this clause shall be subject to a civil penalties in every subcontract or purchase order unless exempted by the rules, — as provided forby31USC1352 An imposition of acivilpenafty does regulations,orordersof the Secretary of Labor issued under Executive not prevent the Governmentfrom seeking any other remedythat may Order 11246,as amended,sothatthese terms and conditions will be _ be applicable binding upon each subcontractor orvendor. The Contractor shall take (a) Cost Allowability.Nothing m this clause is to be interpreted to make such action with respect to any subcontract or purchase order as the allowable or reasonable any costs which would be unallowable or Secretary of Housing and Urban Development or the Secretary of unreasonable In accordance with Part 31 of the Federal Acquisition Labor may direct as a means of enforcing such provisions, including Regulation (FAR),or OMB Circulars dealing with cost allowablldy for sanctions for noncompliance,providecithat it the Contractorbecomes recipients of assistance agreements Conversely,costs made specill- involved in, or is threatened with, litigation with a subcontractor or cally unallowable by the requirements in this clause will not be made vendor as a result of such direction,the Contractor may request the — allowable under any of the provisions of FAR Part 31 or the relevant United States to enter into the litigation to protect the interests of the OMB Circulars. United States — 14. Equal Employment Opportunity 15.Dissemination or Disclosure of Information During the performance of this contract, the Contractor agrees as No information or material shall be disseminated or disclosed to the follows. general public,the news media,or any person or organization without (a) The Contractor shall not discriminate against any employee or prior e)press written approval by the HA applicant for employment because of race, color, religion, sex, or 16.Contractor's Status r national origin It is understood that the Contractor is an independent contractor and _ (b) The Contractor shall lake affirmative action to ensure that appli- is not to be considered an employee of the HA, or assume any right, cants are employed,and that employees are treated during employ- privilege or duties of an employee,and shall save harmless the HA and ment without regardtotheu race,color,religion,sex,or national origin as employees from claims suits,actions and costs of every description ` Such action shall include, but not be limited to, (1) employment,(2) resulting from the Contractors activities on behalf of the HA In upgrading, (3)demotion, (4)transfer, (5)recruitment or recruitment connection with this Agreement — advertising,(6)layoff or termination,(7)rates of pay or other forms of compensation,and(8)selection for training,including apprenticeship 17.Other Contractors — (c) The Contractor shall post in conspicuous places available to HA may undertake or award other contracts for additional work at or employees and applicants for employment the notices to be provided near the sde(s)of the work under this contract. The contractor shall by the Contracting Officer that explain this clause fully cooperate with the other contractors and with HA and HUD (d) The Contractor shall, in all solicitations or advertisements for employees and shall carefully adapt scheduling and performing the employees placed by or on behalf of the Contractor, state that all work underthiscontractto accommodate the additionaiwork,heeding qualified applicants will receive consideration for employment without any direction that may be provided by the Contracting Officer The regard to race,color,religion,sex,or national origin contractor shall not commit or permit any act that will interfere with the (a) The Contractor shall send,to each labor union or representative performance of work by any other contractor or HA employee of workers with which it has a collective bargaining agreement or other contractor understanding,the notcetobeprowdedbytheContracting 18.Liens Officer advising the labor union or workers' representative of the The Contractor Is prohibited lrom placing alien onHA'sproperty Thls- prohibition shall apply to all subcontractors, Previous edition Is obsolete page 4 of 5 form HUD-5370-C(5W2) 19.Training and Employment Opportunities for Residents In (d) Thecontractor will include this clause in every subcontract for work the Project Area (Section 3, HUD Act of 1968,24 CFR 135)(Ap- in connection with the project and will,at the direction of the applicant plicable to contracts in excess of$500,000) fororrecipient of Federal financial assistance,take appropriate action — (a) The work to be performed under this contract is on a project pursuanttothe subcontract upon afrnding that the subcontractor isin assisted under program providing direct Federal financial assistance violation of regulations issued by the Secretary of HUD,24 CFR part — from HUD and is subject to the requirements of section 3of the HUD 135 The contractor will not subcontract with any subcontractor where Act of 1968,as amended, 12 U S C 1701 u Section 3 requires that it has notice or knowledge that the latter has been found in violation of — to the greatest extent feasible opportunities for training and employ- these regulations and will not award any subcontract unless the ment be given lower income residents of the project arsaand contracts subcontractor has fsstprovtdedit with apreliminary statement ofability for work in connection with the project be awarded to business to comply with the requirements of these regulations concerns which are located in,or owned in substantial part by persons (e) Compliance with the provisions of section 3,the regulations set residing in the area of the project forth at 24 CFR part 135,and all applicable rules and orders of HUD (b) The parties to this contract will comply with the provisions of issued thereunder prior to the execution of the contract shall be a Section 3 andthe regulations issued pursuant thereto by the Secretary condition of the Federal financial assistance provided to the project, of HUD setforth m24CFR part 135,and all applicable rules and orders binding upon the applicant or recipient for such assistance, its of HUD issued thereunder priorto the execution of this contract, The successors, and assigns Failure to fulfill these requirements shall — parties to this contract certify and agree that they are under no subject the applicant or recipient,its contractors and subcontractors, contractual or other disability which would prevent them from comply- its successors,and assigns to those sanctions specified by the grant — ing with these requirements or loan agreement or contract through which the Federal assistance u provided,and tosuch sanctions as are specified by 24 CFR part 135 (c) The contractor will send to each labor organization or represents-tire of workers with which the contractor has a collective bargaining agreement or othercontract or understanding,deny,a notice advising the organization of the contractor's commitments under this clause and shall post copies of the notice in conspicuous places available to — employees and applicants for employment or training Previous et8fion Is obsolete papa 6 0l 5 form HUD-6370-C(6/92)