034-23 - Resolution - Agreement with Vista MotelDocuSign Envelope ID: 5CAFC213-763F-4FD0-8E18-9AEA33DA36C3
RESOLUTION NO. 034-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING
TO EMERGENCY HOUSING, AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE VISTA MOTEL FOR PROFESSIONAL SERVICES.
WHEREAS, the City regulates the act of camping on public property to ensure that
camping does not pose dangerous public health and safety conditions for the camper, the
natural environment, and adjacent residents; and
WHEREAS, the City is authorized through its police powers to regulate the use of public
property and, as a steward of public property, the City must balance the public's use of these
spaces for their intended purposes and the fragility of the natural resources and
environmentally sensitive areas
WHEREAS, in the recent decisions by the Ninth Circuit Court of Appeals in the matters of
Martin v. City of Boise, and Johnson v. City of Grants Pass, the Court held that under certain
conditions a city must provide temporary shelter as an alternative to enforcement action, in
furtherance of public health and safety; and
WHEREAS, the City has partnered with the Kitsap County Homeless Encampment Action
Response and Transitions Program to provide responsive services to unauthorized
encampments on public property, including temporary shelter, but the program's resources are
limited at this time and struggle to meet demand, as COVID-19 and the resultant financial
insecurity have interrupted the availability of shelter in the region while the region is faced with
an increase demand for these services; and
WHEREAS, the City desires to partner with a local business for the provision of
emergency, temporary shelter services, at a discounted rate, for the use by the City's low- or
no -income, unhoused residents to support the City's efforts to remove and redress the public
health and safety concerns posed by unauthorized encampments on public property; and
WHEREAS, the City finds that the primary purpose of this partnership is for the
protection and promotion of public health by providing low- or no -income, unhoused residents
temporary shelter and allowing the City to take enforcement action necessary to remove and
abate unauthorized encampments on public property which present a public health and safety
hazard, cause damage to public property and environmentally sensitive areas, and are
incompatible with the public's use and enjoyment of the city's parks and public spaces; and
WHEREAS, the Port Orchard City Council finds it is in the best interest of the City and its
residents, and in furtherance of the City's police powers, to partner with the Vista Motel for the
public purposes stated herein, consistent with the Port Orchard Municipal Code and the City's
policies and procedures for responding to unauthorized trespassing and camping on public
property, and the aforementioned authorities; now, therefore,
DocuSign Envelope ID: 5CAFC213-763F-4FD0-8E18-9AEA33DA36C3
Resolution No. 034-23
Page 2 of 4
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute an agreement with the Vista
Motel in the form attached hereto as Exhibit A and incorporated herein by this
reference, for the valid public purpose of emergency, temporary shelter services for
low-income or no -income, unhoused individuals in the City.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 1111 day of April 2023.
ATTEST:
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Brandy Wallace, MMC, City Clerk
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Robert Putaansuu, Mayor
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DocuSign Envelope ID: 5CAFC213-763F-4FD0-8E18-9AEA33DA36C3
Motel 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
DocuSign Envelope ID: 5CAFC213-763F-4FD0-8E18-9AEA33DA36C3
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.
DocuSign Envelope ID: 5CAFC213-763F-4FD0-8E18-9AEA33DA36C3
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
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M nager, Timptfiy Nutter
Date: 0 1/ — 2.7 - 2ozz
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Owner, Woo Chun Kim
Date: 4/ ''-2 /3 3