HomeMy WebLinkAboutYakima Health District - Emergency Funding (sanitation/homeless)INTERLOCAL AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA
HEALTH DISTRICT FOR EMERGENCY FUNDING
THIS INTERLOCAL AGREEMENT is made and entered by and between the City of
Yakima and the Yakima Health District for an emergency loan not to exceed Twenty
Thousand Dollars for sanitation facilities to address immediate health and welfare
concerns due to homelessness.
I. PREAMBLE
A. CITY OF YAKIMA is a municipal corporation of the State of Washington, with City
Hall located at 129 North 2nd Street, Yakima, Washington 98901 (hereinafter referred to
as "City").
B. YAKIMA HEALTH DISTRICT is a municipal corporation of the State of
Washington, with its offices located at 1210 Ahtanum Ridge Drive, Yakima, Washington
98903 (hereinafter referred to as "District").
C. City and District have observed the public health issues that have arisen from the
unauthorized temporary encampment on East Chestnut Avenue in Yakima, and note the
lack of any sanitation facilities such as temporary toilets or hand washing stations. This
is a public health emergency.
D. District has the ability to provide a no -interest bridge loan to the City, as described
herein and below, to cover costs of temporary facilities, and, it is foreseen that such costs
may ultimately be paid by Yakima Valley Conference of Governments ("YVCOG"), which
has charge over homeless funding in Yakima.
E. City and District each have authority pursuant to Chapter 39.34 RCW to enter into
interlocal agreements to cooperatively provide governmental services, including but not
limited to loans for health and sanitation services to the public.
11. AGREEMENT
WHEREFORE, pursuant to the authority provided in Chapter 39.34 RCW, and in
consideration of the mutual covenants, promises, conditions and benefits herein, the
parties agree as follows:
1. Services Provided by District. District will provide a loan, in the maximum
amount of Twenty Thousand Dollars ($20,000.00) to City to pay for temporary sanitation
1
facilities, including, but not limited to, portable toilets, hand washing stations or bio -hazard
disposal drops. It is foreseen that the monies lent will be paid back through a request by
the City of Yakima to YVCOG for reimbursement for these items, as they are to service
the unauthorized impromptu homeless encampment on East Chestnut Avenue. This
encampment has no sanitation services available to it after business hours, causing a
public health emergency for the encampment occupiers and neighboring properties.
The loan shall not accrue interest as it is for emergency public health purposes and for
the health and wellbeing of the public.
2. City Requirements. The City shall make specific requests to the District for funds,
not to exceed a total amount of $20,000.00 for the items mentioned in Section 1 above.
The City shall repay the money borrowed on or before December 31, 2016.
3. Administration and Contacts. This Agreement shall be jointly administered by
the City of Yakima and the Yakima Health District, or their respective designees. The
contact information for each party shall be as set forth below, or as otherwise provided in
writing to the other party:
City of Yakima
Joan Davenport
Community Development Mgr.
129 North 2nd Street
Yakima, WA 98901
Phone: (509) 576-6417
Yakima Health District
Andre Fresco
Executive Director
1210 Ahtanum Ridge Dr.
Yakima, WA 98903
Phone: (509) 249-6666
4. Acquisition of Property and Assets. The parties do not intend to jointly
acquire or manage any property. Costs, expenses and disbursements of each party in
the performance of this Agreement shall be administered separately by each party.
Acquisition of property by either party shall be in accordance with the laws and procedures
applicable to such party.
5. Records and Reports. Documents generated by City of Yakima pursuant to
the services provided under this Agreement shall be delivered by City of Yakima to the
Yakima Health District if requested. All such documents and reports shall be subject to
disclosure pursuant to the Public Records Act, Chapter 42.56 RCW, as applicable. City
of Yakima records and reports documenting services rendered and billings based thereon
shall be made available to the Yakima Health District for inspection and copying, as
2
appropriate, during regular business hours of City of Yakima, upon request of the Yakima
Health District.
6. Cooperation Regarding Reimbursement. The City is solely responsible for any
and all steps necessary to obtain reimbursement from YVCOG. If the City requests the
District's assistance in providing information necessary for reimbursement it will not be
unreasonably withheld.
7. Waiver and Amendments. Waiver of any breach or any term or condition of
this Agreement shall not waive any prior or subsequent breach. No term or condition is
waived, modified or deleted except by an instrument in writing signed by both parties.
8. Entire Agreement and Modifications. This Agreement sets forth the entire
agreement of the parties with respect to the subject matter herein. The parties may
supplement the Agreement by addenda or amendments, when agreed upon by both
parties in writing. The parties shall attach copies of such addenda and amendments and
by reference incorporate them herein.
9. Early Termination of Agreement — Effect of Termination. This Agreement
may be terminated by either party upon five (5) days advance written notice delivered to
the other party. Termination does not alter the repayment provisions found in Section 2
above. Termination of this Agreement shall not terminate the hold harmless provisions
set forth in Section 11 below, which provisions shall remain in full force and effect.
10. Duration and Authority. This Agreement shall become effective upon signature
and authorization by both parties with copies filed with the Yakima County Auditor and
City Clerk, or otherwise posted as authorized pursuant to RCW 39.34.040. This
Agreement shall remain in effect until December 31, 2016, unless sooner terminated by
either party pursuant to Section 9 above. Termination of this Agreement shall not
terminate the hold harmless provisions set forth in Section 11 below, which provisions
shall remain in full force and effect.
11. Hold Harmless and Indemnification. City of Yakima shall indemnify and hold
harmless the Yakima Health District, its elected and appointed officials, employees,
agents and insurers, from any and all claims, demands, lawsuits, damages and liability
arising out of the performance of this Agreement, including, but not limited to any liability
associated with the items leased or purchased with the loan proceeds, except to the
extent that such claims, demands, lawsuits, damages or liability arises out of the
negligence or unlawful intentional acts of Yakima Health District personnel.
12. Severability. If any term or provision of this Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall
be enforceable and effective to the fullest extent permitted by law. Further, the parties
shall negotiate in good faith regarding amendments to this Agreement that would
effectuate the intent of any provision held invalid or not enforceable.
3
13. No Third -Party Beneficiary. Nothing in this Agreement is intended to create
any rights in any entity not a party to this Agreement nor is any person or entity not named
a party herein a third party beneficiary to this Agreement.
14. No Public Official Liability. No provision of this Agreement nor any authority
granted by this Agreement is intended to create or result in any personal liability for any
public official or agent of a party, nor is any provision of this Agreement to be construed
to create any such liability.
15. Assignment. The obligations in this Agreement are not subject to assignment.
16. Dispute Resolution — Governing Law — Venue. The parties shall jointly
cooperate to resolve any disputes that arise hereunder. Any dispute shall first be
considered by the administrative officials identified in Section 3 above. If such
consideration does not resolve the dispute, the matter will be submitted to the chief
executive officers of each party. If the matter remains unresolved, either party may seek
appropriate relief in Yakima County Superior Court, which court shall be the venue for
any action arising under this Agreement. This Agreement and all performance herein
shall be construed in accordance with the laws of the State of Washington.
17. Complete Agreement. This Agreement contains the complete formulation of
the parties with respect to the subject matter of this Agreement. There are no
representations, agreements, or understandings, oral or written, by the parties relating to
the subject matter to this Agreement that are not fully expressed in this Agreement. Each
party acknowledges and represents to the other party that it is executing this Agreement
solely in reliance upon its own judgment and knowledge and that it is not executing this
Agreement based upon the representation or covenant of any other party, or anyone
acting on such other party's behalf, except as expressly stated herein.
18. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
WHEREFORE, this Agreement is executed and effective upon the date signed by the last
party to sign below:
CITY OF YAKIMA
Jeff Cut
Date: 6/I1p
CITY CONTRACT NO. a 0//o 11/
RESOLUTION NO: n (4
4
YAKIMA HEALTH DISTRICT
Andre Fresco/Executive Director
6/4/x6
Date:
ATTEST: '1
j 0 JA (erb(
CYClerk I)