HomeMy WebLinkAbout111918_ra01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley,County Administrator.. '� fah
DATE: November 19,2018
RE: Potential Adoption of an Interlocal Agreement with City of Port Townsend on
Document Recording Fees for Homeless Housing and Affordable Housing; For an
Initial Period of Two Years with Two-Year Renewals
STATEMENT OF ISSUE: County Commissioners are requested to pass a motion approving a
proposed Interlocal Agreement(ILA)with the City of Port Townsend on Document Recording Fees for
Homeless Housing and Affordable Housing, and authorizing the Chair of the Commissioners to sign the
ILA on the Board's behalf.
The Port Townsend City Council is scheduled to consider City action on the ILA at the City Council's
meeting, later on November 19.
ANALYSIS: Two Interlocal Agreements were adopted in 2003 and 2005 regarding fees collected when
documents are recorded with the County Auditor, and use of that fee revenue for affordable housing and
homeless housing, as authorized by RCW 36.22.178, RCW 36.22.179 and RCW 36.22.1791. Both of
those ILAs are set to expire on November 25, 2018. (On September 17, the City Council voted to extend
to November the City's prior notice of termination.)
Commissioners and County staff have met eight times(July 30, August 9, August 29, September 4,
September 10, September 17, October 1 and October 19, 2018)with the City's Ad Hoc Committee on
Affordable Housing and City staff to discuss and refine successive drafts of a new ILA between the City
and County. The new ILA would conform with recent changes in state law regarding the recording fees
and establish a new County/City structure for guiding how those funds are used and for preparing a local
five-year homeless housing plan for Jefferson County.
Key provisions of the proposed new ILA include:
• Wraps responsibilities under all three RCWs into one ILA;
• Term: two years upon ratification, with automatic two-year renewals, unless terminated on
January 1 of 2021 or subsequent years by either party with notice on or before June 30 of the year
preceding the termination;
• Jefferson County Auditor continues to collect and distribute the recording fees to the state and
County, but will first retain 5%of revenue under RCW 36.22.178 and 2% of revenue under RCW
36.22.179;
• The local share of recording fee funds for Affordable Housing under RCW 36.22.178 will be in
one County fund, while the local share of recording fee funds for Homeless Housing under RCW
36.22.179 and 36.22.1791 will be in a second County fund;
• A Joint Oversight Board is created, initially with one elected representative from the City and one
from the County. The Joint Oversight Board will approve three additional members
recommended by a Local Homeless Housing Task Force;
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• The Joint Oversight Board will:
o Meet at least twice per year,and be subject to the Open Public Meetings Act;
o Discuss and recommend to the Board of County Commissioners(BoCC)expenditures of
recording fee revenues for Affordable Housing and for Homeless Housing;
o Review documents prepared by a Facilitator and Local Homeless Housing Task Force
and make recommendations to the BoCC;
o Cooperate with providers to establish countywide housing need and policies;
o Recommend to the BoCC a budget, including a policy for the amount and use of a
reserve of the two funds;
o Recommend to the BoCC whether the County may also retain up to 6%of local funds
under RCW 36.22.179 and RCW 36.22.1791 for the administrative work under the ILA;
• The City and County shall agree on a Facilitator to:
o Convene a Local Homeless Housing Task Force required by state statute;
o Assist the Local Homeless Housing Task Force to develop a Local Five-Year Homeless
Housing Plan, so that the BoCC can adopt a Local Five-Year Plan by December 1,2019,
as required by law.
o Perform other duties as delegated or assigned by the Joint Oversight Board,as time and
budget allow. Examples of other duties discussed during negotiations,but not listed in
the final ILA include:
• Convening and assisting a process for soliciting and recommending proposals for
using the recording fee revenues to provide Affordable Housing services and
Homeless Housing services;
• Assisting the Task Force to develop a strategy and priority plan for Affordable
Housing;
• Assisting the Task Force to develop any needed guidelines for services;
• Assisting the Task Force to compile information and prepare draft reports for
submittal by the County to the State, as required by law
• The County shall enter into an Interim Homeless Shelter Service Agreement to fund operation of
a homeless shelter program. The Joint Oversight Board will review the budget for the Agreement
and recommend any potential amendments to the budget for negotiation by the County with the
provider.
• The 2003 and 2005 ILAs are both terminated upon ratification of the new ILA.
FISCAL IMPACT: The proposed ILA,will change the collection and distribution of the recording fees.
An ILA is required to collect and expend recording fees under RCW 36.22.178.
RECOMMENDATION: Pass a motion to approve the proposed Interlocal Agreement with the City of
Port Townsend on Document Recording Fees for Homeless Housing and Affordable Housing, and
authorize the Chair of the Commissioners to sign the ILA on the Board's behalf.
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Philip M'rl• County Admin trator Date
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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 support jointly 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:
1. Definitions.
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 doubt,
"178 Funds" does not include shares allocated to the state under RCW 36.22.178.
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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
prioritizes 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 RCW
43.185C.010(3), housing authorities, or other non-profit organizations dedicated to
assisting individuals with no or inadequate housing, operating emergency shelters,
or securing Affordable Housing for extremely low income and very low income
households 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. "Facilitator"means the Facilitator as described in Section 8 of this Agreement.
f. "ILA Revenues"means collectively 178 Funds and 179 Funds.
g. "Or"means or and and/or.
h. "RCW" means the Revised Code of Washington, as it now exists or may hereafter
be amended.
i. "Statewide Guidelines" means the Washington State Department of Commerce's
statewide guidelines issued by December 1, 2018, and the department's five-year
Homeless Housing Strategic Plan.
j. "Ten-year Plan" means the ten-year plan to end homelessness in Jefferson County
developed by the Local Homeless Housing Task Force and facilitated by Olympic
Community Action Programs, 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.
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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
43.185C.160 that either: (i) a local homeless housing task force; or, (ii) an existing
governmental or nonprofit body that substantially conforms to RC W 43.185C.160
shall prepare and recommend to the Jefferson County Board of Commissioners a
local five-year homeless housing plan for Jefferson County consistent with the
Statewide Guidelines.
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 two years and will automatically
renew for additional two-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 Statewide Guidelines, 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. Pursuant to Section 6(h), the County may retain up to six percent of 179 Funds
pursuant to RCW 36.22.179 and RCW 36.22.1791 for the administration work
required for this Agreement.
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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 5(f).
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 and recommend the expenditure of the revenue generated by RCW
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 Local Homeless 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 Local Homeless Housing Task Force will serve for
two-years from the date of their appointment and will be eligible for reappointment
at the end of their terms. The Local Homeless 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.
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.
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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 to the Board of County
Commissioners a policy for the amount and use of reserves for the 178 Funds and
179 Funds.
h. The joint oversight board will recommend a budget and any and all allocations 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. By July 1, 2019, the Joint Oversight Board shall review the provider's budget for
the Interim Homeless Shelter Service Agreement and recommend any potential
amendments to the budget for negotiation by the County with the provider.
8. The Facilitator.
a. The City and the County shall agree on an entity to act as the Facilitator as described
herein. The County shall enter into and administer a contract with the Facilitator in
a form agreed to by the City and the County. 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:
i. Shall convene a standing Local Homeless Housing Task Force pursuant to
RCW 43.185C.010(18) and RCW 43.185C.160(1) to perform duties
pursuant to RCW 43.185C.160, and other duties pursuant to this Agreement
or as delegated or assigned by the joint oversight board. The membership of
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
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from the County) and RCW 43.185C.160(1), and shall also include
representatives from Affordable Housing interests.
ii. Shall provide facilitation and assistance to the Local Homeless Housing
Task Force in developing a local five-year homeless housing plan addressing
short-term and long-term housing for homeless persons as required by RCW
43.185C.160(1). 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.
iii. May perform other duties as delegated or assigned by the joint oversight
board as time or budget allow.
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 that 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.
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.
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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 only by the written agreement of the
parties.
b. Either party may terminate this Agreement by serving a written notice to the other
by June 30th of any calendar year following 2019. The termination will not take
effect until January 1 of the next calendar year. For example, a termination notice
delivered on June 29, 2020 will take effect January 1, 2021.
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.
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 are 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 ILAs referenced in Section 14.
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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.
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.
(SIGNATURES ON NEXT PAGE)
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CITY OF PORT TOWNSENDF
JE FERSON 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: APPROVED AS TO LEGAL FORM:
Heidi Greenwood, Date Philip C. Hunsucker, Date
City Attorney Chief Civil Deputy Prosecuting Attorney
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