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HomeMy WebLinkAbout091718_cabs01attch1F\ALS -LC-tiT ._ INTERLOCAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF PORT TOWNSEND TO SUPPORT AFFORDABLE HOUSING AND HOMELESS HOUSING PROGRAMS PURSUANT TO RCW 36.22.178, RCW 36.22.179, AND RCW 36.22.1791 This Agreement is entered into by and between Jefferson County ("County") and the City of Port Townsend ("City") to jointly support Affordable Housing and housing homeless programs pursuant to RCW 36.22.178, RCW 36.22.179 and RCW 36.22.1791. WHEREAS, RCW 36.22.178 authorizes surcharges on each recorded document to support Affordable Housing for extremely low and very low-income households; and WHEREAS, RCW 36.22.178 requires an interlocal agreement between the City and the County to use these funds to support the housing needs and policies for housing activities to serve extremely low and very low-income households; and WHEREAS, RCW 36.22.179 and RCW 36.22.1791 authorize surcharges on each recorded document to support homeless housing programs; and WHEREAS, RCW 36.22.179 and RCW 36.22.1791 allow the City and the County to jointly support Affordable Housing and housing homeless programs; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) provides authority for governmental entities to exercise their respective powers jointly through intergovernmental agreements; and WHEREAS, the parties entered into an interlocal agreement on October 10, 2003, for the sharing and administration of funds generated by Substitute House Bill 2060 passed by the Washington Legislature on June 13, 2002 for Affordable Housing programs; and WHEREAS, the parties entered into an interlocal agreement effective December 12, 2005, for the sharing and administration of funds for housing the homeless generated by Engrossed Second Substitute House Bill 2163 passed by the Washington Legislature on August 1, 2005; and WHEREAS, considering subsequent changes in the law, the parties are updating the two interlocal agreements into a single consolidate agreement; NOW THEREFORE, in consideration of the mutual benefits throughout the entire Jefferson County area, the City and the County agree as follows: Definitinnc_ a. "178 Funds" means the local share of all revenue generated in Jefferson County from the surcharges authorized by RCW 36.22.178. For the avoidance of doubtdoubt, "178 Funds" does not include shares allocated to the state under RCW 36.22.178. b. "179 Funds" means the local share of all revenue generated in Jefferson County from the surcharges authorized by RCW 36.22.179 and RCW 36.22.1791. For the avoidance of doubt, "179 Funds" does not include shares allocated to the state or the County Auditor under RCW 36.22.179 or RCW 36.22.1791. C. "Affordable Housing" means residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty percent of the household annual income. RCW 36.22.178 specifies Affordable Housing for extremely low-income households with incomes less than thirty percent of the County median income and very low-income households with incomes less than fifty percent of the County median income. d. "Eligible Recipients" means community action agencies as defined by RC W 43.185C.010(3), housing authorities, or other non-profit organizations dedicated to assisting individuals with Affordable Housing no or inadequate housing, operating emergency shelters, or securing permanent housing and that also are authorized to receive funds from ILA Revenues and to carry out the purposes of RCW 36.22.178, RCW 36.22.179 or RCW 36.22.1791. Assisting homeless or individuals with inadequate or unsafe housing need not be the eligible recipient's sole focus but should be a significant part of the eligible recipient's mission. e. "ILA Revenuesjnl" means collectively 178 Funds and 179 Funds. f. "Or" means or and and/or. g. "RCW" means the Revised Code of Washington, as it now exists or may hereafter be amended. h. "Statewide Guidelines" means the Washington State Department of Commerce's statewide guidelines issued by December 1, 2018, and the department's five-year homeless Homeless hausinm Housing she Strategic pkanPlan. i. "Ten-year Plan" means the ten-year plan to end homelessness in Jefferson County developed by the homeless task force and facilitated by 01yCap Olympic Community Action Programs (OlyCAP) A21, as adopted by the Jefferson County Board of Commissioners on June 11, 2018. 2. Purposes of this Agreement. The purposes of this Agreement are to: a. Provide for the administration of the revenue generated from the recording surcharge authorized under the provisions RCW 36.22.178, RCW 36.22.179, RCW 36.22.1791. b. Provide funding for an interim homeless shelter service agreement. 2 C. Facilitate the submittal by the County to the Washington State Department of Commerce all required reports. d. Provide for enhanced accountability and transparency about the administration and use of ILA Revenues. e. Facilitate compliance with the requirement in RCW 43.185C.050 and RCW 43.1850.160 that either: (i) a local homeless housing task force; or, (ii) an existing governmental or nonprofit body that substantially conforms to RCW 43.1850.160 shall prepare and recommend to the Jefferson County Board of Commissioners a local five-year homeless housing plan for Jefferson County that consistent with the Statewide Guidelines and the Washington State Department of Commerce's five-year homeless housing strategic plan. f. Facilitate compliance with the Ten -Year Plan, while it remains in effect. g. Enhance existing homeless programs and develop new homeless facilities that are consistent with the needs of the Ten -Year Plan or the planned five-year homeless housing plan for Jefferson County. h. Develop programs and strategies for Affordable Housing. 3. Term of this Agreement. The term of this Agreement is for five years and will automatically renew for additional five-year terms, unless terminated pursuant to Section 12. 4. Limitation on Use of 178 Funds and 179 Funds. a. Use of 178 Funds must be consistent with the requirements of RCW 36.22.178 and this agreement. b. Use of 179 Funds must be consistent with the requirements of RCW 36.22.179, and RCW 36.22.1791, the Washington State Department of Commerce's 'five- year--hHomeless h ousing fiye year- str-ategie—Strategic ph-mPl�[A3l , the planned local five-year homeless housing plan, and this agreement. 5. Financing and Budget. a. The Jefferson County Auditor shall collect and distribute recording fees pursuant to RCW 36.22.178, RCW 36.22.179, and RCW 36.22.1791. b. The County shall retain five percent of the funds collected pursuant to RCW 36.22.178. C. The County Auditor shall retain two percent of the homeless housing surcharge pursuant to RCW 36.22.179. d Subieet to the recommendation of the ioint oeeh %)a Pursuant to Section the County may retain up to six percent of 179 Funds pursuant to RCW 3 36.22.179 and RCW 36.22.1791 for the administration work required for this Agreement. e. 178 Funds shall be held in a single fund by the Jefferson County Treasurer. This fund will be separate from the fund for 179 Funds. f. 179 Funds shall be held in a single fund by the Jefferson County Treasurer. This fund will be separate from the fund for 178 Funds. g. Funds currently held in County Fund 148 by the Jefferson County Treasurer shall be segregated into two separate funds according to their sources, consistent with Sections 5.e and 5f. h. Annually, the County shall provide a preliminary estimate to the joint oversight board for both the 178 Funds and the 179 Funds that may be available for allocation. i. Annually, the County shall provide the joint oversight board with a detailed accounting of all expenditures of 178 Funds and 179 Funds. 6. Joint Oversight Board Required by RCW 39.34.030(,4). a. One elected representative of the City and one elected representative of the County, acting as a joint oversight board, will meet not less than twice per calendar year to discuss the expenditure of the revenue generated by RC W 36.22.178, RCW 36.22.179, RCW 36.22.1791, the Ten -Year Plan and the planned local five year homeless housing plan required by RCW 43.185C.050, the operations of the emergency shelter and other homeless housing programs in Jefferson County, and the Affordable Housing goals of the City and County. This meeting will constitute the joint board as required by RCW 39.34.030(4). b. The housing task force as convened by the Facilitator pursuant to and meeting the requirements of RCW 43.185C.010(18) and RCW 43.185C.160 shall recommend an additional three members for the joint oversight board subject to the approval of the City and County joint oversight board members. The members recommended by the housing will serve for two -years from the date of their appointment and will be eligible for reappointment at the end of their terms. The housing task force will recommend new members for appointment whenever there is a vacancy on the joint oversight board. C. All members of the joint oversight board, prior to their appointment, shall fully disclose all potential interests and involvement with Eligible Recipients. d. The joint oversight board shall perform their responsibilities under this Agreement in a manner that addresses the needs of homeless persons and Affordable Housing throughout the Jefferson County, both inside and outside of the city limits of the City of Port Townsend. C! e. The joint oversight board may establish rules and procedures for conducting its meetings, including taking public comment, and conducting any requests for proposals for expending ILA Revenues. f. The joint oversight board will be subject to all Washington state laws, including the Open Public Meetings Act, Chapter 42.30 RCW. g. The joint oversight board will cooperatively review the documents prepared by the Facilitator and the local homeless housing task force and shall make timely recommendations to the Board of County Commissioners when local legislative action is required by Chapter 43.185C RCW, so the Board of County Commissioners is able to take action consistent with the requirements of Chapter 43.185C RCW. The joint oversight board shall cooperate with Eligible Recipients in establishing and reviewing the county -wide housing needs and policies documents. The joint oversight board will recommend a policy for the amount and use of reserve the 178 Funds and 179 Funds. h. The joint oversight board will recommend a budget to the County Board of Commissioners for expending the 178 Funds and 179 Funds consistent with requirements of RCW 36.22.178 RCW 36.22.179, and RCW 36.22.1791. 7. Interim Homeless Shelter Service Agreement. a. The County shall enter into an Interim Homeless Shelter Service Agreement for the purpose of providing funding for the operation of the homeless shelter program through April 30, 2020. b. The Interim Homeless Shelter Service Agreement shall be in substantially the same form as in Appendix A. 8. The Facilitator. a. The City and the County shall agree on an entity to act as the Facilitator as described in Section 8. The County shall enter into and administer a contract with the Facilitator in a form substantially as in Appendix B. The Facilitator's contract may be funded using ILA Revenues as authorized by law or by using other funding sources. b. The Facilitator, in addition to other duties that may be negotiated in the contract, will convening a standing local homeless housing task force pursuant to RCW 43.185C.010(l8) and RCW 43.185C.160. The standing local homeless housing task force shall meet the requirements in RCW 43.185C.010(18) (including that it must include at least one elected representative from the City and one elected representative from the County)-;--, RCW 43.185C.160, and representatives from Affordable Housing interests in order to: i. Develop a local five-year homeless housing plan addressing short-term and long-term housing for homeless persons as required by RCW 43.185C.1600 ). The local five-year homeless housing plan shall be recommended to the Jefferson County Board of Commissioners on or before October 1, 2019 for adoption by the Jefferson County Board of Commissioners by December 1, 2019. Recommend members of the joint oversight board. iv. As needed, establish guidelines consistent with the Washington State Department of Commerce's five-year homeles-s—Homeless Housing strategic—Strategic plairPlan pursuant to RCW 43.185C.160(2) for: 1. Emergency shelters; 2. Short-term housing needs; 3. Temporary encampments; 4. Supportive housing for chronically homeless persons; and, 5. Long-term housing. V. Other duties as delegated or assigned by the joint oversight board. 9. Public Records Act and Open Public Meeting Act Compliance. The City and the County will be responsible separately for their respective public records pursuant to the Public Records Act, Chapter 42.56 RCW. The City and the County shall be responsible separately for their respective compliance with the Open Public Meetings Act, Chapter 42.30 RCW. 10. Liabilities. a. Each party shall indemnify, defend and hold harmless the other parties, their officers, agents, employees, and volunteers, from and against any and all claims, demands, damages, judgments, losses, liability and expense (including, attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person, by reason of or in the course of performing this Agreement which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of the party, its officers, employees, agents and volunteers. G b. Except as provided above, in the event more than one party is responsible or negligent, each party shall be responsible in proportion to its negligence. C. Nothing contained in this Agreement shall be considered as in any way constituting a partnership between the City and the County. 11. Disputes Between the Parties. a. Disputes shall be resolved by first attempting to negotiate a settlement between the parties. If settlement cannot be reached within 30 days of written notice of the dispute, the parties agree to submit the matter to non-binding mediation through the Peninsula Dispute Resolution Center. The mediator shall be selected by Agreement of the parties and the cost of mediation shall be shared equally between the parties. b. If the parties are unable to negotiate a resolution or refuse to accept a mediated resolution to a dispute, then the parties agree to binding arbitration by a three-person arbitration panel. C. The prevailing party shall be entitled to reasonable attorney's fees and costs regardless of whether the party uses in-house or outside counsel. d. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. 12. Modification Withdrawal and Termination This Agreement may be modified, withdrawn, or terminated as follows: a. This Agreement may be modified or extended by the written Agreement of the parties. b. Either party may terminate this Agreement by serving a written notice to the other by June 30t' of any calendar year. The termination will not take effect until January 1 of the next calendar year. For example, a termination notice delivered on June 29, 2019 will take effect January 1, 2020. 13. No Acquisition of Property. The parties do not anticipate acquiring any property in furtherance of this Agreement. 14. Termination of the 2003 and the 2005 ILAs. the interlocal agreement on October 10, 2003, for the sharing and administration of funds generated by Substitute House Bill 2060 passed by the Washington Legislature on June 13, 2002 for Affordable Housing programs; and the interlocal agreement effective December 12, 2005, for the sharing and administration of funds for housing the homeless generated by Engrossed Second Substitute House Bill 2163 passed by the Washington Legislature on August 1, 2005 are terminated. 7 15. General Terms. a. This Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington, and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. b. This agreement contains all the terms and conditions agreed upon by the parties. No representation or promise not expressly contained in this agreement has been made. The parties re not entering into this agreement based on any inducement, promise or representation, expressed or implied, which is not expressly contained in this agreement. This agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this agreement, including the IL1As referenced in Section 14. C. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. d. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. e. Nondiscrimination; Equal Employment Opportunity. i. In the performance of this Agreement, the parties and their employees and agents shall at all times comply with all federal, state, or local laws, ordinances, rules, or regulations with respect to nondiscrimination and equal employment opportunity which may at any time be applicable. ii. Without limiting the generality of the foregoing, the parties shall not discriminate against any employee or applicant for employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as required by law. iii. The parties shall take affirmative action to ensure that the Facilitator and the shelter and homeless housing continuum prover do not discriminate on the basis of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. iv. The parties and their employees and agents shall not at any time discriminate against any other persons or entity because age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. f. The parties shall keep and maintain all records that may be required by law in connection with compliance with this section. g. The parties agree that this Agreement has been negotiated at arms -length, with the assistance and advice of competent, independent legal counsel. CITY OF PORT TOWNSEND JEFFERSON COUNTY BOARD OF COMMISSIONERS Deborah Stinson, Mayor Date David Sullivan, Chair Date SEAL: SEAL: ATTEST: ATTEST: Joanna Sanders Date Carolyn Gallaway Date City Clerk Deputy Clerk of the Board APPROVED AS TO LEGAL FORM: Heidi Greenwood, Date City Attorney APPROVED AS TO LEGAL FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 9