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Public Hospital district No 2 Snohomish County Interlocal Agreement to Provide COVID-19 ResponseNo. 20210101 CONTRACT ROUTING FORM Z Originator: Shannon Burley Routed by: 0 Department/Division: Parks & Recreation Date: a Name of Consultant/Contractor: Public Hospital District No. 2 Snohomish County ran CONTRACT TITLE: Lu Interlocal Agreement to Provide Covid-19 Response (City Clerk Use Only) Carrie Haslam, P&R 02/23/2021 Type of Contract: (GR) Grants (I) Intergovernmental Agreement (L) Lease Agreement � ❑ (S) Purchase of Services ❑ (W) Public Works ❑ (0) Other Z W Z Bid/RFP Number: U Effective Date: O 1 /01 /2021 Completion Date: 03/31 /2021 0 Has the original City contract boilerplate language been modified? ®Yes ® No F. If yes, specify which sections have been modified: pDescription V of services: To provide a COVID-19 Response distance learning support program for social, emotional, and educational support for low-income students. Total Amount of Contract: $ 30,000.00 N �Budget# J wa Budget # G Q Budget # s Amount: Amount: Budget # Amount: Amount: Budget # Amount: Budget # z Are there sufficient funds in the current budget to cover this contract? Q Yes Z Remarks: Authorization Level: Mayor w H 1. Project Manager Q 2. Risk Management/Budget Z 3. City Attorney 0 ❑ 4. Consultant/Contractor U 5. Other m • 6. City Council Approval Date (if applicable) 0 7. Mayor 8. City Clerk Amount: DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 INTERLOCAL AGREEMENT TO PROVIDE COVID-19 RESPONSE: Social Emotional Educational Support for Low-income Students This Agreement is made between Public Hospital District No. 2, Snohomish County, Washington and City of Edmonds to provide a COVID-19 Response distance learning support program for social, emotional, and educational support for low-income students. 1. PARTIES 1.1 Public Hospital District No. 2, Snohomish County, Washington ("PHD2"), a public hospital district formed under Chapter 70.44 RCW; and 1.2 City of Edmonds ("The City"), a Washington municipal corporation. 2. PURPOSE AND PROGRAM 2.1 The purpose of this Agreement is to enable the City to provide a COVID 19 Response distance learning support program referred to as Learning Enhancement and Activity Program (LEAP) to provide social, emotional and educational support for low-income students through the Recreation Services Division of the Parks, Recreation, and Cultural Services Department ("the Program") for the benefit of PHD2 residents. 2.2 On March 23, 2020, Gov. Jay Inslee issued a "Stay Home — Stay Healthy" Order in an effort to minimize COVID-19 exposure. On May 31, 2020 the Stay Home — Stay Healthy order transitioned to a county -by -county phased re -opening plan entitled Safe Start — Stay Healthy. The Program is designed to provide social, emotional, and educational support to low-income students. 3. AUTHORITY 3.1 PHD2 is authorized under RCW 70.44.240 to "contract" with any "legal entity" to "provide any hospital or other health care facilities or other health care services to be used by individuals, districts, hospitals, or others, including providing health care maintenance services." RCW 70.44.007 defines "other health care services" to include "services that promote health, wellness, and prevention of illness and injury." 3.2 The City of Edmonds is a Washington municipal corporation. 4. TERM AND TERMINATION Agreement. C-S402 4.1 The Agreement will begin on the date of the second signature on this PAGE 1 OF 5 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 4.2 The period for providing the Program is scheduled to begin on January 1, 2021 and end on February 28, 2021. 4.3 This Agreement will expire when the final reporting by the City is accepted and approved by PHD2. 5. OBLIGATIONS OF PHD2 5.1 PHD2 will fund the Program through a single payment of thirty thousand dollars and no cents ($30,000) to be paid within fourteen (14) days of execution of this Agreement with the understanding that the City will fund the balance of the costs for the Program. 5.2 Templates for required reporting by the City will be provided to the City by PHD2. 6. OBLIGATIONS OF THE CITY 6.1 The City will coordinate the Program including staffing, supplies, and scholarships to low-income students to operate the Program at the Frances Anderson Center Monday through Friday, 7:00 am to 6:00 pm. Programming is inclusive of social, emotional and educational supports, is focused on high risk and/or low-income youth and families, and will serve an average of at least 25 students weekly. 6.2 The City will submit a report of activities carried out under the Program, including summaries of results, to PHD2 by March 15, 2021. At a minimum, the City will track and report to PHD2 the number of participants who enroll in the Program, the number of hours of distance learning support provided, and any other relevant tracking data collected and compiled by the City during the course and scope of the Program. 6.3 The City will comply with all local, state and federal laws including, if applicable, the federal Health Insurance Portability and Accountability Act ("HIPAA"). 6.4 The City will use the funds provided by PHD2 only for the Program and will return any portion of the payments that are not used for the Program on or before delivery of the report due on March 15, 2021. 6.5 During the term of this Agreement, the City will give every consideration to suggestions by PHD2 for modifications to the Program to obtain more favorable health outcomes for the participants. 6.6 The City will give credit (logo or language) to PHD2 ("Verdant") in its publicity vehicles about the Program, including but not limited to press releases, annual reports, newsletters, websites, brochures and fliers. Credit should also be given in newspaper interviews about the Program. Electronic communications/websites should also include a link to PHD2's C-S402 PAGE 2 OF 5 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 website. The use of PHD2's logo, when appropriate, is encouraged. PHD2 will provide black - and -white or color versions in digital format. 6.7 The City recognizes that PHD2 is a public agency subject to audit by the Washington State Auditor. The City will provide PHD2 with any accessible information that PHD2 is requested to provide to the Washington State Auditor or otherwise required to provide to the State of Washington or to the Federal Government or pursuant to the Washington Public Records Act. 6.8 If PHD2 determines a breach of this Agreement has occurred, that is, the City has failed to comply with any terms or conditions of this Agreement or has failed to provide in any manner the work or services agreed to herein, the PHD2 will notify the City in writing of the nature of the breach within fourteen (14) calendar days if the deliverables are not on track to be met as anticipated. The City will develop a corrective action plan within fourteen (14) calendar days of delivering notice of the nature of the breach and will specify the proposed completion date for bringing the Agreement into compliance. Determination of sufficiency of the corrective action plan shall be at the sole discretion of PHD2. In the event a corrective action plan is not submitted, or the plan is determined by PHD2 to be insufficient, PHD2 reserves the right to suspend or terminate this Agreement for performance or other reasons solely at the discretion of PHD2. 7. MISCELLANEOUS PROVISIONS 7.1 Relationship of the Parties. The relationship created between PHD2 and the City in this Agreement is strictly that of independent contractors. This Agreement creates no partnership or joint venture between the parties, nor may any officer or employee of one party be considered to be an employee or agent of the other. Further, this Agreement provides no rights to any third parties and may not be relied on by any other person or entity. 7.2 Applicable Law. This Agreement is entered into under the laws of the State of Washington. Any litigation arising from this Agreement must be filed in Snohomish County Superior Court. 7.3 Liability and insurance. The City will indemnify, defend and hold PHD2 harmless from any claims, lawsuits or other actions, and judgments arising in any way from the Program provided under this Agreement. The City will maintain a liability insurance policy of at least $1,000,000 per occurrence during the term of the Agreement and provide proof of coverage upon request of PHD2. 7.4 Entire Agreement, Amendments. This Agreement is complete and integrates all understandings between the parties. No amendment or other change to the Agreement will be binding on either party unless agreed to in writing and signed by each party. 7.5 Severability. If a court of competent jurisdiction rules any part of this Agreement to be invalid, the remainder of the Agreement will still be in full force and effect. C-S402 PAGE 3 OF 5 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 7.6 Force Majeure. Neither party will be in default or liable for failure to perform its obligations under this Agreement if that failure is due to causes beyond its reasonable control, including but not limited to acts of God, acts of terrorism, fires, floods, windstorms earthquakes, labor disputes or governmental acts. 7.7 Notices and Reporting. The parties agree to accept electronic service of all notifications and reporting, except original service of process. The parties may elect to transmit notices or reports electronically by transmitting such correspondence to the email addresses stated herein below, or to the mailing address stated herein below via United States Postal Service ("USPS") First Class postage prepaid. Any notice or reporting required or otherwise given via USPS under this Agreement will be considered delivered or given when actually delivered or forty-eight (48) hours after being deposited in the U.S. Mail as certified mail. Any notice or reporting required or otherwise given via electronic mail prior to 5:00 pm shall be considered delivered on the date sent. Otherwise, such electronic mail shall be considered delivered as of 9:00 am on the next business day following electronic transmission. To PHD2: Zoe Reese, Director of Community Impact and Grantmaking Public Hospital District No. 2, Snohomish County 4710 196th Street SW Lynnwood, WA 98036 zoe.reese@verdanthealth.org To the Citv: Shannon Burley, Deputy Parks, Recreation, and Cultural Services Director City of Edmonds 700 Main Street Edmonds WA 98020 Shannon.Burley@edmondswa.gov 7.8 Assignment. This Agreement may not be assigned without the written consent of the other party. Each party may consent to or decline a request for assignment by the other party at the sole discretion of the party from which consent is requested. 7.9 No Separate Legal Entity. The parties do not intend that this Agreement creates a separate legal entity. 7.10 Administration of Agreement. The individuals named in Section 7.7, above, will be the joint administrators of this Agreement. 7.11 Property. All real or personal property used by the City for the Program will be held in the City's name for the benefit of the Program. [Signatures on next page.] C-S402 PAGE 4 OF 5 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 AGREED TO: PUBLIC HOSPITAL DISTRICT NO. 2 SNOHOMISH COUNTY, WASHINGTON 5Bfpnad by: f joAr s 2/23/2021 a�ssc �.r ccc�. Date: Lisa Edwards, EdD, Superintendent CITY OF EDMONDS Date: Mi e Nelson, Mayor C-S402 PAGE 5 OF 5 2/24/2021