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HomeMy WebLinkAbout2020-06-15-I01J 28E Agreement_Waukee Area Christian ServicesAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 15, 2020 AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between Waukee Area Christian Services and the City of Waukee, Iowa FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The proposed agreement has been drafted by the City Attorney. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II.28E Agreement (signed version expected to be received by meeting time) PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1J THE CITY OF WAUKEE, IOWA RESOLUTION 2020-___ APPROVING A 28E AGREEMENT BETWEEN WAUKEE AREA CHRISTIAN SERVICES, INC. AND THE CITY OF WAUKEE, IOWA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, on March 9, 2020 the Honorable Governor Kim Reynolds declared a state of public health disaster emergency in response to the novel coronavirus (COVID-19); AND, WHEREAS, on March 13, 2020 President Donald J. Trump issued a proclamation declaring the COVID-19 outbreak in the United States a national emergency; AND, WHEREAS, the Honorable Governor Kim Reynolds issued a series of proclamations declaring a public health emergency and requiring the closure of non-essential businesses, including but not limited to schools, governmental buildings, movie theatres, restaurants, limiting public gatherings in an effort to mitigate the impact of the virus to the public; AND, WHEREAS, the closure of public and private businesses in a wide range of business sectors including but not limited to retail, restaurants, theatres, entertainment, health clubs, and untold number of other businesses were impacted leading to record unemployment levels and exacerbating financial strain experienced by low to moderate income families; AND, WHEREAS, multiple cases of COVID-19 have been confirmed in the State of Iowa, the number of cases continues to grow, and reports warn of an increase in cases through the fall and winter; AND, WHEREAS, Waukee Area Christian Services has seen a greater demand for services in the area as a result of the current COVID-19 global pandemic; AND, WHEREAS, the Waukee City Council desires to assure that necessary emergency rental and utility assistance is available to residents of the City in need but does not have qualified staff or infrastructure at this time to administer such a program; AND, WHEREAS, Waukee Area Christian Services has a long history of providing much needed social services in the area and providing assistance to those in need including but not limited to, operating a food pantry, health clinic, community garden, seasonal programs, and has trained and certified social workers and staff members, and the infrastructure necessary to distribute aid to qualifying low to moderate income families; AND, WHEREAS, in order to address the need within the City and provide emergency rental and utility assistance to qualifying residents of Waukee, the City believes it is in the best interest of the City to enter into a cooperative arrangement with Waukee Area Christian Services during this difficult time. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the 28E with Waukee Area Christian Services should be and the same is hereby approved. BE IT FURTHER RESOLVED that the contribution allocated by virtue of City of Waukee Resolution #2020-194 should be paid and administered in accordance with the agreement approved herein. To the extent that there is any ambiguity or conflict with Resolution #2020-194, this resolution shall control. Passed by the City Council of the City of Waukee, Iowa, and approved this the 15th day of June, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 28E AGREEMENT BETWEEN WAUKEE AREA CHRISTIAN SERVICES, INC. AND THE CITY OF WAUKEE, IOWA THIS 28E AGREEMENT (“Agreement”), dated the ____ day of _____________, 2020, is by and between the WAUKEE AREA CHRISTIAN SERVICES, INC. (“Agency”) and the CITY OF WAUKEE, IOWA (“City”). WHEREAS, the Agency is a private agency as defined in Iowa Code Section 28E.2, and is a nonprofit corporation duly formed and existing pursuant to the laws of the State of Iowa; and WHEREAS, the City is a public municipal corporation duly formed and existing pursuant to the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, Iowa Code Chapter 28E authorizes public agencies to enter into agreements for joint or cooperative action with public or private entities; and WHEREAS, on March 9, 2020 the Honorable Governor Kim Reynolds declared a state of public health disaster emergency in response to the novel coronavirus (COVID-19); and WHEREAS, on March 13, 2020 President Donald J. Trump issued a proclamation declaring the COVID-19 outbreak in the United States a national emergency; and WHEREAS, multiple cases of COVID-19 have been confirmed in the State of Iowa; and WHEREAS, the Honorable Governor Kim Reynolds issued a series of proclamations declaring a public health emergency and requiring the closure of non-essential businesses, including but not limited to schools, governmental buildings, movie theatres, restaurants, limiting public gatherings in an effort to mitigate the impact of the virus to the public; AND WHEREAS, the closure of public and private businesses in a wide range of business sectors including but not limited to retail, restaurants, theatres, entertainment, health clubs, were impacted leading to record unemployment levels and exacerbating financial strain experienced by low to moderate income families; and WHEREAS, the Agency has a wide range of programs benefiting low income families in need including but not limited to, food pantry, health clinic, community garden, seasonal programs, has trained and certified social workers and staff members, and the infrastructure necessary to distribute aid to qualifying low to moderate income families in this unprecedented time of need; and WHEREAS, the City desires to provide assistance to qualifying low income residents within the city limits in the City for assistance in rental and utility payments for qualifying families; and 2 WHEREAS, the Agency and the City desire to enter into an agreement pursuant to Iowa Code Chapter 28E creating a cooperative contractual relationship to ensure aid under this cooperative effort is provided to qualifying residents within the City and assure the endeavor serves this very important public purpose in these times of need. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement the Agency and the City agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the terms and conditions on which the City will make available to the Agency, and the Agency will utilize and disburse financial assistance to qualifying residents of the City of Waukee for rental and utility assistance. This Agreement is being made in furtherance of the respective obligations of the City and the Agency to use public funds for public purposes and is intended to maximize efficiencies in that regard. 2.Duration. The term of this Agreement will commence upon the date the Agreement is filed with the Secretary of State following approval and execution by both parties. This Agreement will thereafter remain in effect until it is terminated pursuant to the termination provisions set forth herein. 3.Administration. No separate legal or administrative entity or joint board will be established by this Agreement. The City Administrator of the City and the Director of the Agency will be designated as the administrators of the Agreement for the purpose of Iowa Code Section 28E.6. No joint budget will be established or maintained for the purpose of carrying out the terms of this Agreement. 4.City Participation. The City may participate by Providing funds to the Agency to be held in a separate account and administered to qualifying low to moderate income residents within the City limits of the City of Waukee for Emergency Rental and Utility Assistance in accordance with the criteria established by the Agency for other Emergency rental and utility assistance provided by the Agency. 5.Agency Services. The Agency will make available its social workers, employees and volunteers involved with the Agency’s emergency rental and utility assistance programs at no cost to the City. The Agency will be responsible for providing said programs to qualifying City residents who are in need of and desire such services on the same terms and conditions as it would otherwise provide such programs. A.The Agency shall also provide, at no cost to the City, the buildings/office facilities it utilizes in its day to day operations for the purpose of housing applicants that seek emergency rental and utility assistance under this program. B.The Agency will provide the City quarterly reports reflecting the address, number of family members of each qualifying household receiving emergency rental and utility assistance under the program, and other qualifying demographic information requested by the City, and the amount of assistance received by such household. 3 C.All funds received from the City should be maintained in a segregated account by the agency and should be fully utilized for payments to qualifying recipients. D.Upon request by the City, the Agency shall make available an accounting of funds received and expended in connection with this Agreement and pursuant to the program. E.The Agency will carry workers compensation insurance covering its employees and if necessary, volunteers, in amounts established by law. F.The Agency’s employees, volunteers and staff members shall be the Agency’s responsibility and shall be in no way considered employees, staff members or volunteers of the City. G.The Agency will carry liability insurance for the protection of the Agency arising out of any acts or other occurrences on its property in any way arising from the performance, or non-performance, of their obligations under this Agreement. The Agency’s liability policies will have limits of not less than $_____________ per occurrence and $_______________ aggregate. 6.Termination. A.Termination with or without cause. Either party may terminate this Agreement at any time with or without cause by giving written notice to the other party, provided that written notice of the termination is given by the terminated party to the non- terminating party at least 30 days prior to the effect of the termination. B.Agreement to terminate. This Agreement may also be terminated at any time by written agreement of the parties. C.Disposition of property upon termination. Upon termination of this Agreement, any monetary proceeds received by the Agency and being held by the Agency shall be returned to the City. No real or personal property will be acquired or held for the purposes of this Agreement, except to the extent provided herein as it pertains to the return of monetary proceeds remaining as of the date of the termination. The Agency and the City will retain sole possession and use of its respective property. 7.Compliance. Each party agrees that it will comply with all Federal, State and Local laws and regulations applicable to its performance under this Agreement. 8.Status of the parties. It is expressly understood and agreed by the parties that nothing contained in this Agreement will be construed to create a partnership, association or other affiliation or like relationship between the parties, being specifically agreed that their relation is and will remain that of independent parties to a cooperative contractual 4 relationship. In no event with neither party be liable for the debts or obligations of the other party. 9.Notices. All notices and other communications to be given under this Agreement will be deemed given when either personally delivered or mailed by first class mail, postage prepaid, with proper address to the following addresses until otherwise notified: To the Agency: Waukee Area Christian Services Attn: Executive Director 1155 SE Boone Drive Waukee, IA 50263 To the City: City of Waukee Attn: City Administrator 230 W. Hickman Road Waukee, IA 50263 10.Form/Law. The parties consent to the jurisdiction of the Iowa District Court in and for Dallas County for all matters relating to this Agreement and agree that this Agreement will be governed by the laws of the State of Iowa. 11.Severability. If any provision of this Agreement is held illegal or invalid, the illegality or invalidity of such provision will not affect any of the remaining provisions and this Agreement will be construed and enforced as if such illegal or invalid provision had not been contained herein. 12.Waiver. The failure of either of the parties to enforce any right or provision under this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In addition, no waiver of a party's right or remedy will affect the other provisions of this Agreement. 13.Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither party will be liable to the other for failure to comply with any obligation under this Agreement if such party is prevented from doing so by reason of events beyond the reasonable control of the party. 14.Assignment. Neither party may assign any right or obligation under this Agreement, in whole or in part, without the other party' s prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assignees. 15.No Third Party Beneficiaries. This Agreement is entered into by and between the parties hereto for their benefit. There is no intent by any party to create, imply, or establish a third party beneficiary or status or rights in any person except as expressly set forth in this Agreement, and no such third party will have any right to enforce any benefit created or established under this Agreement. 5 16.Entire Agreement. This Agreement supersedes all previous agreements, amendments, arrangements, and understandings between the parties with respect to the subject matter hereof and constitutes the entire agreement between the parties. 17.Amendments. This Agreement may be amended by a written instrument approved and executed by the District and the City and filed with the Iowa Secretary of State in accordance with Iowa Code Section 28E.8. IN WITNESS WHEREOF, this Agreement has been approved by appropriate action and duly executed by the parties on the dates written below. WAUKEE AREA CHRISTIAN SERVICES, INC. CITY OF WAUKEE ___________________________ ________________________ By: Melissa Stimple By: Courtney Clarke Its: Executive Director Its: Mayor Date: ____________________ Date: ____________________ ATTEST ATTEST ________________________ ________________________ By: _______________ By: Rebecca D. Schuett Its: _______________ Its: City Clerk Date: ____________________ Date: ____________________