HomeMy WebLinkAboutYakima Valley Conference of Governments - Emergency Sanitation, Health & Safety Funds for Homeless AGREEMENT TO DISBURSE FUNDS FROM YAKIMA VALLEY CONFERENCE OF
GOVERNMENTS TO THE CITY OF YAKIMA FOR COSTS AND EXPENSES
ASSOCIATED WITH EMERGENCY SANITATION, HEALTH AND SAFETY ISSUES
ASSOCIATED WITH THE HOMELESS
THIS AGREEMENT is entered into on the date outlined below, between the City of
Yakima (hereinafter "CITY ") and the Yakima Valley Conference of Governments (hereinafter
"YVCOG "), both of which are municipal corporations operating in Yakima County, State of
Washington for the reimbursement of authorized costs and expenses associated with
emergency sanitation, health and safety issues associated with the homeless, as further
outlined below.
WHEREAS, CITY was presented with an immediate and emergency situation when a
homeless encampment appeared on the planting strip right -of -way on East Chestnut Avenue
between 6t Street and 7th Street in the City of Yakima; and
WHEREAS, approximately 30 to 50 individuals at any given time were camping on the
planting strip with no sanitation facilities; and
WHEREAS, neighbors and businesses were reporting that the homeless individuals
were using alleys, private property, doorways, and other public locations as bathroom facilities;
and
WHEREAS, the Yakima Health District investigated the situation and determined that
there were possible and potential threats to public health that required immediate attention, for
which the Yakima Health District agreed to loan the CITY the sum of Twenty Thousand Dollars
($20,000.00) for the provision of sanitation facilities on the property for the homeless individuals
to use, including, but not limited to portable toilets, a hand washing station and garbage
facilities; and
WHEREAS, swift action was necessary to alleviate the public health and safety issues
associated with the location, which could not be accomplished through the established
procedure of the YVCOG homeless programs; the Yakima Health District agreed to an
immediate loan so that the request could go through the proper YVCOG procedure; and
WHEREAS, the CITY requested from YVCOG monies from YVCOG's homeless funds to
be disbursed to the CITY to repay the loan provided by the Yakima Health District, which
request was approved by the Homeless Policy and Planning Council, the YVCOG Executive
Board and the Yakima County Commissioners;
Now, therefore, the CITY and YVCOG agree that YVCOG will disburse funds to the CITY for
use to repay the loan from the Yakima Health District as follows:
1. Disbursal of Funds. YVCOG shall disburse funds to the City in an amount not to
exceed $20,000.00 for the sole purpose of repaying the loan from the Yakima Health District to
the CITY. Prior to disbursal, the CITY shall provide to YVCOG copies of invoices and
itemization of costs incurred in addressing the identified immediate health issue together with a
written request for disbursal of funds under this agreement.
2. The CITY shall only use YVCOG funds for repayment of the loan from the
Yakima Health District.
3. Upon receipt of the invoices and request for disbursal, YVCOG shall disburse the
requested amount, up to $20,000.00, within thirty (30) days of receipt of written request.
4. All disbursals under this Agreement shall be requested on or before January 31,
2017. This Agreement and any requirement to disburse money shall cease 30 days after
January 31, 2017, on March 2, 2017, and this Agreement shall terminate.
5. City is solely responsible for all matters pertaining to provision of services and
facilities to address the identified emergent public health issues and repayment of loan to
Yakima Health District. YVCOG is an independent municipal entity and shall not be deemed a
joint venture, partner or guarantor of either services or facilities provided or repayment of the
identified loan. City shall defend, indemnify and hold YVCOG harmless from any claims or
causes of action arising from or related to the provision of services and facilities or repayment of
the identified loan.
6. Each party is responsible for retaining their own records associated with this
Agreement and will make each other's records available for Public Records Act request
purposes in a timely manner.
7. If there is a disagreement about this Agreement, the parties shall attempt to
negotiate a settlement prior to filing suit. If suit is necessary, venue for any action shall be in
Benton County Superior Court or other agreed -upon Superior Court of an adjacent County to
Yakima County. The laws of the state of Washington shall govern any dispute.
8. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall
not be affected, and the parties' rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
9. A waiver by either party hereto of a breach by the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the other party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to
insist upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
10. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand - delivered to the parties at their respective addresses as follows:
To the City: Cliff Moore, City Manager
City of Yakima
129 North 2 Street
Yakima, Washington 98901
To YVCOG: Larry Mattson, Director
YVCOG
311 N. 4th Street, Suite 204
Yakima, Washington 98901
DATED this 30 day of August, 2016.
CITY OF YAKIMA YVCOG
.i
CLIF MOO "E, City Manager JOHN HODKINSON
ATTEST: "
&L1LUD (SC(-' '( �/( lirk . n
Sonya CI'aar Tee, City Clerk �_ ° •
STATE OF WASHINGTON )
) ss.
County of Yakima )
I certify that I know or have satisfactory evidence that John Hodkinson is the person who
appeared before me, and he acknowledged that he signed this instrument, on oath stated that
he was authorized to execute this instrument on behalf of the Yakima Valley Conference of
Governments in his capacity with YVCOG and acknowledged it as the
V »C{_; C (- of YVCOG to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
DATED this of 4 , 2016.
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CITY CONTRACT N OO1 IJ r 1113
RESOLUTION NO:, u /t