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HomeMy WebLinkAbout2020-05-19 - Douglas County - Interlocal Agreements GeneralInterlocal Agreement Page 2 of 13 Interlocal Agreement Between the City of East Wenatchee and Douglas County for the Removal of Unauthorized Encampments from Property within the City of East Wenatchee’s Jurisdiction (“Agreement”) 1. Parties. The parties of this Agreement are the City of East Wenatchee (“City”) and Douglas County (“County”). 2. Authority. Chapter 36.70A RCW authorizes a public agency to enter into an agreement with another public agency for joint or cooperative action. 3. Recitals. 3.1. The City owns and maintains various City real property. 3.2. The City finds the following conduct on various City properties is a threat to the public safety and health and interferes with the public's ability to use City-owned and City-controlled property, facilities, and rights-of-way for its intended purposes: 3.2.1. The unauthorized entry on City property that is closed to the public or is open to the public during certain operating hours or for certain limited purposes; and 3.2.2. Erecting unauthorized structures, tents, or other shelters in locations that create an obstruction or an immediate hazard. 3.3. Douglas County Solid Waste has the necessary personnel and resources to remove and clean up unauthorized encampments. 3.4. The City and the County wish to enter into this Agreement to provide for an orderly process for removing and cleaning up unauthorized encampments. 4. Clauses Required by RCW 36.70A.030(3). 4.1. Purpose. See Section 5. 4.2. Duration. See Section 6. 4.3. Organization of separate entity and its powers. This Agreement does not create a new or separate legal entity. 4.4. Responsibilities of the Parties. See Sections below. 4.5. Filing and Recording of Agreement. The City will file this Agreement with the Douglas County Auditor. Also, the City will place a copy of this Agreement on its web site. 4.6. Financing. Each Party is responsible for the financing of its contractual obligations under its normal budgetary process. 4.7. Termination. See Section 6. Interlocal Agreement Page 3 of 13 5. Purpose. The purpose of this Agreement is to establish uniform rules and procedures for removing encampments on City real property. 6. Term. 6.1. The initial term of this Agreement begins on June 1, 2020 and ends on December 31, 2022. 6.2. Unless either party gives written notice to the other party that it does not intend to renew at least 180 days before the initial term ends, this agreement will be extended for an additional three years (“Extended Term”). 6.3. Unless either party gives written notice to the other party that it does not intend to renew at least 180 days before the extended term ends, this agreement will be extended for an additional three years (“Final Term”). 6.4. Neither party is obligated to extend the length of this Agreement beyond the initial term. 7. Definitions. 7.1. "Encampment" means one or more tent, structure, or assembly of camping equipment or personal property located in an identifiable area within the City of East Wenatchee, which appears to a reasonable person as being used for camping. An encampment does not include a site a reasonable person would conclude is no longer in use for camping because remaining materials are garbage, debris, or waste. 7.2. “Obstruction” means people, tents, personal property, garbage, debris or other objects related to an encampment that: are in a City park or on a public sidewalk; interfere with the pedestrian or transportation purposes of public rights-of-way; or interfere with areas that are necessary for or essential to the intended use of a public property or facility. 7.3. "Personal Property" means an item that: is reasonably recognizable as belonging to a person; has apparent utility in its present condition and circumstances; and is not hazardous. Examples of personal property included but are not limited to identification, personal papers and documents, tents, bicycles, radios and other electronic equipment, eyeglasses, prescription medications, photographs, jewelry, crutches, and wheelchairs. Personal property does not include building materials such as wood products, metal, pallets, or rigid plastic. The relevant staff member will determine whether an item is personal property, and in cases when the status of an item cannot reasonably be determined in the staff member’s judgment based on the totality of the circumstances, the staff member will treat the item as personal property under this rule. Interlocal Agreement Page 4 of 13 8. Obligations of the City. The City will ensure that a City police officer is present when the County is required to post any notice required by this Agreement on an encampment within city limits. 9. Obligations of the County. The County agrees to provide the following services: 9.1. Encampment Removal. 9.1.1. The County will identify and report encampment locations on property under the City’s jurisdiction by email to jtoftness@eastwenatcheewa.gov within one business day of discovering the encampment. Failure to timely report an encampment location does not preclude applying any other provision in this Agreement. 9.1.2. The County will prioritize encampments it will remove after an inspection of encampment locations. The inspection of all encampment sites is not required before prioritizing the removal of previously inspected encampment sites. The inspection will be documented in a format acceptable to the City. The prioritization may be revised at any time as a result of new encampments being identified, additional encampments being inspected, or as new information about an encampment’s condition becomes available. 9.1.3. The following criteria, which have no relative priority, will be considered when prioritizing encampments for removal: (1) objective hazards such as moving vehicles and steep slopes; (2) criminal activity beyond illegal substance abuse; (3) quantities of garbage, debris, or waste; (4) other active health hazards to occupants or the surrounding neighborhood; (5) difficulty in extending emergency services to the site; (6) imminent work scheduled at the site for which the encampment will pose an obstruction; (7) damage to the natural environment of environmentally critical areas; and (8) the proximity of homeless individuals to uses of special concern including schools or facilities for the elderly. 9.2. Notice Requirements. 9.2.1. The County must post a notice on or near each tent or structure that is subject to removal stating: (1) the day the notice was posted; (2) the date the removal is scheduled; (3) the time range in which that date’s removal will commence, which range may be no more than four hours; (4) where personal property will be stored if removed by the County; (5) how personal property may be claimed by its owner; and (6) contact information for an outreach provider that can provide shelter alternatives. 9.2.2. If individuals are present at the encampment, oral notice must if reasonably possible, be given to the individuals that the encampment is subject to removal as provided for in the posted notice. Interlocal Agreement Page 5 of 13 9.2.3. The County must post the notice no fewer than 72 hours before an encampment removal and must provide a removal date no more than 7 days after the notice posting date. 9.2.4. If the action to physically remove the encampment is not commenced by the County within the removal date and time range provided in the notice, the County must repost notice of the encampment removal before removal may occur. The County may diligently pursue to completion a removal properly commenced during the removal date and time range. 9.2.5. The County must print the notice in English, in Spanish, and in any other language the County determines would further the purpose of the notice. 9.2.6. Nothing in this section prohibits the County from posting notice that the removal of a large encampment will occur over a period of several days, provided each day’s operations start during the period identified in the notice. Some encampment sites include tents and structures separated by transportation infrastructure. Removal operations may proceed through such sites so long as they start on some portion of the sites within the times specified on the notice. 9.3. Identifying or providing alternative shelter before removing non- obstructing encampments. 9.3.1. Prior to removing an encampment, the County must offer alternative locations for individuals in an encampment or identify available housing or other shelter for encampment occupants. The alternatives must be available to the encampment occupant starting on the date an encampment removal notice is posted and must continue to be available until the encampment removal is completed. The County will maintain, or cause to be maintained, a daily list of alternatives. 9.3.2. The alternatives may include housing programs, shelter programs with or without day programs, authorized encampments, and “low-barrier” authorized shelter or encampment programs. The County is not required to provide additional alternatives to individuals who have been previously or are currently excluded from all usual and appropriate alternatives because of the individual’s behavior. 9.4. Outreach for encampment removals. 9.4.1. The County must provide outreach personnel. 9.4.2. Outreach personnel must visit each encampment site at least once between the time that notice of removal is posted and the scheduled removal date. 9.4.3. Outreach personnel must be present at the commencement of removal activities on the date an encampment removal is scheduled to start Interlocal Agreement Page 6 of 13 according to the posted notice and must be available to offer shelter alternatives and other services until the encampment removal is completed. 9.4.4. Outreach personnel may leave an encampment removal operation after outreach services have been refused by all people present at the site. Outreach personnel must return to a site if an individual requests services before the encampment removal is completed. 9.5. Encampment Site Cleanup. 9.5.1. All County personnel, vendors, outreach workers, and other personnel necessary for an encampment removal and cleanup must be present at the start of an encampment removal. 9.5.2. The County will take reasonable steps to segregate personal property from material that is not personal property, provided the segregation does not pose a danger to the individual segregating the personal property from the other material. 9.5.3. Tents and structures that were not previously posted with a notice but are in the immediate area of tents or structures that were posted with a notice may be removed if the tent or structure was placed in the immediate area after notices were posted. 9.5.4. Personal property will be stored as provided for in Section 11 and may be recovered as provided for in Section 12. 9.5.5. The County may remove and dispose of garbage, debris, waste, hazardous items, and other like material. 9.6. Post-encampment removal notice. 9.6.1. The County will prominently post a notice at the site where it has removed and cleaned up an encampment site. 9.6.2. The notice must state: (1) the date the cleanup was performed; (2) whether personal property was stored by the County; (3) where the personal property is stored; (4) how any stored personal property may be claimed by its owner; and (5) contact information for outreach personnel who can assist individuals with shelter alternatives and other services. This notice must not be removed by the County for a minimum of 10 days. 9.6.3. Within 2 business days of the Cleanup, the County will send electronic documentation of the cleanup to the City for posting on the appropriate City external website. 9.7. Storage of personal property from an encampment. Interlocal Agreement Page 7 of 13 9.7.1. The County will store all personal property encountered when removing obstructions and immediate hazards, or when removing encampments, provided the County has no obligation to store personal property that is hazardous (for example, a needle-strewn tent) or is reasonably expected to become a hazard during storage (for example, wet bedding materials). 9.7.2. Personal property will be stored at a location commonly used by the County for storing property, which will be accessible by public transportation. 9.7.3. The encampment site must be posted with a notice if personal property is removed from the site. The County must identify the site and the date of the encampment removal on a County web page. 9.7.4. The notice must identify: (1) the dates personal property was removed from the site; and (2) how the stored personal property may be claimed by its owner. This notice must not be removed by the County for a minimum of 10 days. 9.7.5. The County will maintain a log of personal property removed from an encampment. Each log item will be kept until the personal property is recovered by its owner or the property is discarded as permitted under this rule. 9.7.6. Personal property that is not recovered after 60 days from and including the day the property was stored may be discarded or donated by the County. 9.8. Recovering stored personal property. 9.8.1. Individuals claiming that personal property has been removed from an encampment may contact the County who will inform the individual how the property may be recovered. 9.8.2. The individual must describe the personal property with particularity. No identification is required for an individual to recover the property. The log of personal property will indicate who received the recovered property. 9.8.3. If an individual describes his or her personal pr operty with particularity, the County will deliver the property to the individual at a mutually agreeable location within City limits, which location must be safe and appropriate for delivery by vehicle. 9.8.4. Delivery of personal property must be performed on or before the next business day. 9.8.5. Storage, recovery, and delivery of personal property will be at no cost to the individual that owns the property. Interlocal Agreement Page 8 of 13 10. Indemnification. 10.1. Indemnification by the County. The County agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, subcontractors, employees, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the County in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the County and the City, the County's liability, including the duty and cost to defend, hereunder is only to the extent of the County's negligence. The County must ensure that each subcontractor agrees to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the County pursuant to this paragraph. The City's inspection or acceptance of any of the County’s work when completed is grounds to avoid any of these covenants of indemnification. 10.2. Industrial Insurance Act Waiver. The County specifically and expressly waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. The County's indemnification is not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 10.3. Indemnification by the City. The City agrees to release, indemnify, defend and hold The County, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, Interlocal Agreement Page 9 of 13 licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 10.4. Survival. Each provision of Section 10 survives the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10.5. Insurance. The City and the County agree to either self-insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5 Million per occurrence with $5 Million aggregate limits including professional liability and auto. 11. Venue. The venue for any legal dispute regarding this Agreement is Chelan County Superior Court. 12. Dispute Resolution. The parties mutually intend to establish procedures to facilitate the informal and inexpensive resolution of all disputes arising under this Agreement, by mutual cooperation and without resort to litigation. 12.1. Negotiation. The parties agree to first attempt to negotiate a mutually satisfactory resolution to the dispute as follows: 12.1.1. The complaining party must notify (in the manner required in this Agreement) the other parties of the alleged dispute, controversy, claim or breach of Agreement (hereinafter “Dispute’) by explaining in writing the nature of the Dispute, and referring to the relevant paragraphs of this Agreement upon which it bases its position regarding the Dispute. The complaining party must also set forth in such notice a proposed solution to the Dispute; 12.1.2. The parties receiving such notice must respond by notice individually to the complaining party within twenty days of the effective date of the complaining party’s notice, with an explanation of its defensive position, if any, including references to the relevant paragraphs of the Agreement and a response to the proposed solution; and Interlocal Agreement Page 10 of 13 12.1.3. Within 20 days following notice of this defensive response, the parties must meet and discuss options for resolving the Dispute; the complaining party must initiate the scheduling of this resolution meeting. If a party fails to cooperate in scheduling the resolution meeting, then the complaining party may elect to skip the negotiation and mediation procedures and immediately proceed with arbitration. 12.1.4. Mediation. If the parties are unable to satisfactorily resolve the Dispute through such negotiation, mediation must be held within 30 days of an unsuccessful resolution meeting. The mediation will be governed by and under the then-applicable rules of JAMS/Endispute (“JAMS”) in Chelan County. The complaining party must contact JAMS to schedule the mediation. The parties may agree on a mediator from the JAMS panel. If they are unable to agree, the parties will request JAMS to designate a mediator for the Parties. 13. No Third-Party Beneficiaries. The parties entered into this Agreement for the benefit of the City and of the County and not for the benefit of any third parties. 14. General Provisions. 14.1. Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No prior statements or agreements, whether oral or written, are effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement prevail. The respective captions contained in this Agreement are inserted for convenience of reference only and do not modify or otherwise affect any of the provisions of this Agreement. If a provision of this Agreement is declared invalid, inoperative, null and void, or illegal, all other provisions of this Agreement remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is known by the other party and is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. Neither party may amend, waive, or modify a provision of this Agreement, except by written agreement signed by duly authorized representatives of the Parties. 14.2. Assignment and Beneficiaries. Neither the County nor the City has the right to transfer or assign, in whole or in part, any or all of its obligations and Interlocal Agreement Page 11 of 13 rights hereunder without the prior written consent of the other Party. If the non- assigning party gives its consent to any assignment, the terms of this Agreement continue in full force and effect and no further assignment may be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity has any right of action or interest in this Agreement based on any provision set forth herein. 14.3. Compliance with Laws. The County must comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. 14.4. Personal Liability. The parties agree that no official, officer, employee, or agent of the City is in any way liable or responsible for any covenant or Agreement herein contained whether express or implied, nor for any statement of representation made herein or in any connection with this Agreement. 14.5. Attorney’s Fees. If either Party brings any claim or lawsuit arising from this Agreement, each Party must pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph limits the Parties’ rights to indemnification under Section 8 of this Agreement. 14.6. Execution. Each individual executing this Agreement on behalf of the City and The County represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts will be construed together and constitute one instrument, but in making proof hereof it is only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have Interlocal Agreement Page 12 of 13 executed a counterpart of this Agreement is the “date of mutual execution” hereof. 14.7. Survivability. The obligation of each party under all provisions of this Agreement, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agreement, survives the completion, termination, or cancellation of this Agreement.