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035-23 - Stella Motel - ContractMotel Voucher Agreement City of Port Orchard and Vista Motel of Port Orchard This Agreement is entered into by and between the City of Port Orchard, a Washington municipal corporation, and the Vista Motel, a Washington sole proprietorship, who owns and operates a motel located at 1090 Bethel Ave in the City of Port Orchard (the "Motel"), to provide a fixed rate for Motel rooms to be used by the City as set out herein. Services Provided by Vistal Motel Vista Motel will provide the City of Port Orchard with the City the exclusive right to two (2) motel rooms at the Motel and associated vouchers at a fixed rate of $100 (including tax) per night for up to three (3) nights' stay. A nights' stay is measured the same as any motel stay. As an example, if voucher guest checks in at 3:00 a.m., then 3:00 a.m. through 11:00 a.m. is considered the first night. The vouchers will be utilized to house individuals, couples, and/or families who are unhoused or similarly vulnerable who are determined to be eligible for a voucher by the City. Other than the terms and conditions of payment as provided in this Agreement, Vista Motel will treat voucher guests in the same manner as all other standard motel guests. City representatives will contact the Vista Motel when the motel rooms are required for use by the City. City representatives will screen potential voucher users to determine whether they meet the Eligibility criteria. City representatives will accompany or meet eligible guests at the Vista Motel and remain present during the check -in process, to ensure the voucher is not transferred without permission of the City. City representatives will primarily be from the City's Police departments, or the Code Enforcement Officer, but others may also represent the City. If extraordinary cleaning (defined as cleaning that exceeds the typical cleaning done between guests by the motel staff) is required due to the actions of an voucher guest, the City agrees to pay $25 per hour for the additional cleaning required, provided that any additional cleaning that will exceed $100 must be pre -approved by the City. Eligibility Criteria for Voucher Guests To qualify for a voucher, individuals, couples, and/or families must meet the following criteria: • Be unhoused, experiencing homelessness or housing instability, or be a vehicle resident (living in their car); • Predominately reside in or have a connection to Port Orchard; • Have some form of identification or have their identify confirmed by City of Port Orchard staff; and • Agree to follow the guest guidelines established by Vista Motel and stated on the voucher (see Vista Motel Guidelines). If Vista Motel feels the eligibility criteria and guest guidelines set forth in this agreement are not being honored in good faith, they have the right to refuse service to voucher participants. Vista Motel Guest Guidelines The following guidelines and guest expectations have been established by Vista Motel. These guidelines will be included on the voucher document and the voucher user will confirm acceptance of these conditions. A. Room guests are limited to those listed on the voucher; no additional guests may be invited into the room. B. No smoking in the room, in the common areas, or within 25 feet of the building. C. The use of an open flame, cooking, or the use of a hotplate, slow cooker or similar device to cook is prohibited. D. Quiet hours in rooms, common areas, and parking lots are between 10 p.m. and 7 a.m. E. No outgoing telephone calls are allowed to be made from the motel -provided phone in the room. F. Purchases are not allowed on the TV. G. The room spaces, property, motel staff, and other guests must be respected. H. No damage to the room or property is allowed beyond normal wear and tear. I. No pets are allowed on the property, including emotional support animals. Service animals are allowed and should be identified during check -in. J. Vista Motel strictly prohibits the use, possession, and/or production of narcotics. K. Guests have a right to privacy in their motel room as long as they are using the motel room in an intended, responsible way. If a guest is engaging in any illegal activity or unreasonably disturbing other guests, motel management can enter the room without guest permission. L. Guests must comply with check-out instructions at the end of the voucher -allotted stay. M. Abuse or disregard of the guest guidelines may result in the termination of a guest's stay and the prohibition from future stays. If a voucher guest is perceived to be suffering an emergency, committing a crime, or to be a danger to themselves or someone else, Vista Motel staff should call 911. Payment Vista Motel staff will provide a copy of the completed voucher with accompanying invoice to the City of Port Orchard, c/o Finance Department, within 14 days of the guest's check out. Upon submitting the invoice, the City will make payment to Vista Motel in the form of check within 30 days. If a guest's stay is terminated prior to the end of the three -night stay, either by the decision of the guest or Vista Motel, the adjusted number of actual days will be reflected on the invoice to the City. Damages If extraordinary cleaning (defined as cleaning that exceeds the typical cleaning done between guests by the motel staff) is required due to the actions of an voucher guest, the City agrees to pay $25 per hour for the additional cleaning required, provided that any additional cleaning that will exceed $100 must be pre -approved by the City. In addition, with prior approval the City will reimburse Vista Motel reasonable expenses to repair or replace damaged items, not to exceed a total of $500. Term of Agreement The fixed rate and guaranteed rooms provided under this Agreement shall be for the period of March 17, 2023, through December 31, 2023, but may be extended by mutual agreement of the Parties. Either party may terminate or suspend this Agreement at any time with or without cause by giving ten (10) days' notice to the other party in writing. In the event the City terminates or suspends this Agreement without cause, the Motel shall be entitled to receive just and equitable compensation for any satisfactory services rendered prior to the effective date of termination or suspension. Hold Harmless/Indemnification Each party is individually responsible for its own employees' arid agents' acts and omissions arising out of or in connection with the performance of this Agreement. Further, each party agrees to indemnify, defend, and hold harmless the other party (including their officers, officials, employees, agents, and volunteers) from any and all claims, costs (including reasonable attorney fees), losses, and judgments that arise out of or result from the tortious acts, errors, or omissions of the indemnifying parry's officials, officers, employees, agents, and volunteers in connection with the performance of activities related to this Agreement, to the extent caused by the indemnifying parry's acts, errors, or omissions. The provisions of this section shall survive the expiration or termination of this Agreement. Nondiscrimination. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement in violation of RCW 49.60.215 or other applicable law prohibiting discrimination. Further, in employment made possible or resulting from this Agreement, there shall be no unlawful discrimination against any employee or applicant for employment in violation of RCW 49.60.180 or other applicable law prohibiting discrimination, unless based upon a bona fide occupational qualification as provided in RCW 49.60.180 or as otherwise permitted by other applicable law. Effective Date. This Agreement shall be deemed effective on the last date signed below. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF PORT ORCHARD 5 Mayor, Robert Putaansuu Date: 7f I I 3 I VISTA TEL, a sole proprietorship r L� M nager, Timptfiy Nutter Date: 0 1/ — 2.7 - 2ozz r 41L-� Owner, Woo Chun Kim Date: 4/ ''-2 /3 3