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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)