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HomeMy WebLinkAboutJefferson County - Affordable Housing & Homeless Housing Programs INTERLOCAL COOPERATION AGREEMENT EMFNT BETWEEN JEF FERSON COUNTY AND THE CI'T'Y OF PORT TOWNSEND TO SUPPORT AFFORDABLE HOUSING AND HOMELESS HOUSING PROGRAMS 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, RCW 36.22.1791, RCW 84.12. 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, RCW 82.14.530 authorizes a sales and use tax to support construction or operation and maintenance of new units of affordable housing; and WHEREAS, RCW 82.14.530 requires that the County consult with the City prior to constructing or acquiring any facilities in the City limits; and WHEREAS, RCW 82.14.540 allows cities and counties to impose a sales and use tax for operations and maintenance or affordable housing or providing rental assistance to tenants; and WHEREAS, RCW 82.14.540 allows the City and County to enter into an interlocal agreement to jointly support the goals of RCW 82.14.540; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) provides authority for governmental entities to exercise their respective powers jointly through intergovernmental agreements; 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, which are deposited in Fund 148 — Affordable Housing. For the avoidance of doubt, "178 Funds" does not include shares allocated to the state under RCW 36.22.178. 1 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, which are deposited in Fund 149 -Homelessness. 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. "1406 Funds" means the local share of all revenue generated in Jefferson County from the sales and use tax authorized by RCW 82.14.540. d. "1590 Funds" means the local share of all revenue generated in Jefferson County from the sales and use tax authorized by RCW 82.14.530. e. "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. f. "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, RCW 36.22.1791, RCW 82.14.530, and RCW 82.14.540. 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. g. "Facilitator" means the Facilitator as described in Section 77 of this Agreement. h. "Housing Fund Board" means the entity created pursuant Secti0 ii 6 of this Agreement. i. "Housing Task Force" means the entity created pursuant to Sectiop 8 of this Agreement. j. "ILA Revenues" means collectively 178 Funds, 179 Funds, 1406 Funds, and 1590 Funds. k. "Or" means or and and/or. 1. "RCW" means the Revised Code of Washington, as it now exists or may hereafter be amended. in. "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. 2 n. "Five-year Plan" means the five-year plan to address short-term and long-term housing for homeless persons required by RCW 43.185C.160. 2. Purposes otlffiis .fit°eetncnt. 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, and RCW 36.22.1791, and the sales and use taxes under the provisions of RCW 82.14.530 and RCW 82.14.540. b. To provide a governance structure that ensures the interests of the various parties are considered in decision making processes. 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. Enhance existing homeless programs and develop new homeless facilities that are consistent with the Five-Year Plan. f. Develop programs and strategies for Affordable Housing. 3, Term of _AgIge The term of this Agreement is for two years and shall automatically renew for additional two-year terms, unless terminated pursuant to Section 12 of this Agreement. 4. Limitation on Use of ILA Revenues. 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 local Five-Year Plan, and this Agreement. C. Use of 1406 Funds must be consistent with the requirements of RCW 82.14.540 and this Agreement. d. Use of 1590 Funds must be consistent with the requirements of RCW 82.14.530 and this Agreement. 5. 1"tnancing and lgd . 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. 3 b. The County shall retain five percent of the funds collected pursuant to RCW 36.22.178 in Fund 149—Homeless Housing Fund. The retained funds are to be used for the collection, administration and local distribution of the funds collected. c, The County Auditor shall retain two percent of the funds collected pursuant to RCW 36.22.179 in Fund 148 — Affordable Housing Fund. The retained funds are to be used for the collection, administration and local distribution of the funds collected. d. Pursuant to 7(a), 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. e. 1406 and 1590 Funds shall be managed as follows: i. 1406 and 1590 Funds shall be held in Fund 148—Affordable Housing and tracked by separate BARS codes by the Jefferson County Treasurer. This fund shall be separate from all other funds. ii. 1406 Funds collected by the City for each calendar year shall be remitted by the City to the County for deposit in Fund 148for budgeting and allocation pursuant to this ILA, provided that the City may retain all or some of its 1406 Funds for any calendar year by providing written notice to the County by July 1 in the preceding calendar year, and any such funds retained by the City shall be administered independently by the City. iii. Expenditures of 1406 and 1590 Funds shall be tracked by project to ensure funds are spent on eligible uses and to facilitate reporting to the City and the Department of Commerce. iv. 1406 Funds levied by the County shall not be subject to any retainage by the County for the collection, administration, or local distribution of the 1406 Funds, unless authorized by state law. v. City 1406 Funds deposited in the County 1406 fund shall not be subject to any retainage by the City or the County for the administration or local distribution of the 1406 Funds, unless authorized by state law. f. 178 Funds shall be held in a single fund by the Jefferson County Treasurer. This fund shall be separate from all other funds. g. 179 Funds shall be held in a single fund by the Jefferson County Treasurer. This fund shall be separate from all other funds. h. At least annually,the County shall provide an estimate of the 178 Funds, 179 Funds, 1406 Funds, and 1590 Funds to the Housing Fund Board with each funding source reported on separately. 4 i„ At least annually, the County shall provide the Housing Fund Board with a detailed accounting of all expenditures of 178 Funds, 179 Funds, 1406 Funds, and 1590 Funds, with each funding source reported on separately. j. The County shall prepare and submit the required annual SHB 1406 report to the Washington State Department of Commerce by October 1St every year on behalf of the County and the City. 6. ousing Fund Board p ec oircd bv RCWIT39.34.030(4). a. Two elected representatives of the City, two elected representatives of the County and three citizen members jointly appointed by the County and the City representatives, acting as a Housing Fund Board, shall meet not less than twice per calendar year to discuss and recommend the expenditure of ILA Revenue. The Housing Fund Board shall constitute the joint board as required by RCW 39.34.030(4). Citizen members shall initially be appointed to one, two and three- year staggered terms. This shall help insure that no more than one seat shall expire in any given year. Subsequent terms shall be for three years. Members who miss two consecutive unauthorized Housing Fund Board meetings shall forfeit their seat on the Housing Fund Board. b. Among other duties the Housing Fund Board shall: i. Develop, with the help of housing authorities, advocates and administrators (County and City), a 10-year plan for SHB 1590 funds, consistent with the Strategy for Permanent Affordable Housing presented as part of the hearing adopting the 1/10th of 1% sales tax for housing and related services on December 21, 2020. ii. Establish a reserve policy for any affordable housing and homeless funds maintained by the County. iii. Ensure that all funds expended are used for those purposes authorized by state statute and Jefferson County Code. iv. Establish Request for Proposals (RFP) processes and procedures, submission requirements, submission evaluation criteria, and scoring methodology. v. Work to ensure that there is an equitable distribution of funds between local jurisdictions and throughout the different geographic areas of the County. c. In determining how to allocate the ILA Revenue,the Housing Fund Board may issue a request for proposals (RFP) to Eligible Recipients or other application process. The Housing Fund Board may determine the scope and timing of the RFP or other application process. Prior to issuing an RFP or other application process, the Housing Fund Board shall agree on the process for reviewing applications including the scoring. 5 d. The Housing Fund Board must select the candidates from amongst the Eligible Recipients applying for use of ILA Revenues and provide a list of such candidates and recommended amounts of funding to the County Board of Commissioners for final determination. The County Board of Commissioners may choose only Eligible Recipients from the list of candidates and recommended amounts provided by the Housing Fund Board. e. The Housing Fund Board shall only recommend Eligible Recipients and funding amounts that are consistent with the respective limitations of RCW 36.22.178,RCW 36.22.179, RCW 36.22.1791, RCW 84.12.530, and RCW 84.12.540, as applicable to any particular fund. f. Should the Board of County Commissioners disagree with Housing Fund Board's recommendations, County Board of Commissioners shall return the proposals to the Housing Fund Board with suggested changes or requests for clarification. The Housing Fund Board shall consider the Board of County Commissioners' feedback and shall resubmit the same or modified recommendations to the BOCC further explaining their rationale for the recommendations. The Board of County Commissioners shall not obligate any ILA Funds until the Housing Fund Board has had forty-five calendar days to consider the Board of County Commissioners' feedback g. All members of the Housing Fund Board, prior to their appointment, shall fully disclose all potential interests and involvement with Eligible Recipients. h. The Housing Fund 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 corporate limits of the City of Port Townsend. i. The Housing Fund Board may establish rules and procedures for conducting its meetings, including taking public comment, and conducting any requests for proposals for expending ILA Revenues. j. The Housing Fund Board shall be subject to all Washington state laws, including the Open Public Meetings Act, Chapter 42.30 RCW, as amended. 7. Facilitation. a. The City and the County may agree on an entity or individual to act as a Facilitator for the Housing Fund Board and the Housing Task Force. The County may enter into and administer a contract with a Facilitator in a form agreed to by the City and the County. The Facilitator's contract shall be funded using the County's retained percentages of the 178 and 179 Funds. If this amount is not sufficient to hire an entity or individual with the knowledge, skills, and abilities to act as an effective facilitator, the County may use additional ILA Revenue, as allowed by law, to supplement the cost of the Facilitator. Alternatively, the County may use County or City staff to facilitate the Housing Fund Board and the Housing Task Force 6 meetings. Regardless of the funding,the City shall bill the County for any amounts expended by the City in hosting or facilitating the Housing Fund Board or the Housing Task Force, including any amounts of facility rentals or loaded staff costs. The County shall pay any City invoices within 30 days. The County may use ILA Revenue to reimburse City costs. b. The Facilitator, under the direction of the Housing Fund Board, in addition to other duties that may be negotiated in the contract, shall: i. Assist the Housing Fund Board with an application process for expending ILA Revenues consistent with the applicable state law. ii. Coordinate the ILA Revenues budget with the Jefferson County Treasurer. iii. Convene a Housing Task Force as needed. iv. May perform other duties as delegated or assigned by the Housing Fund Board as time or budget allow. 8. FI�oLIsing 1«ask Force. The Housing Fund Board, with the assistance of the Facilitator, may appoint and convene a Housing Task Force. The Housing Fund Board shall determine the membership, meeting schedule, duration, and workplan of the Housing Task Force. The Housing Task Force may include representatives of local service providers, unhoused or formerly unhoused individuals, housing advocates, business representatives, law enforcement representatives, and interested members of the public as the Housing Fund Board may appoint. The Housing Task Force, with the assistance of the Facilitator, shall complete any tasks assigned by the Housing Fund Board, which may include: a. As requested, assist the Housing Fund Board with the application and review process for expending ILA Revenues. The primary responsibility for ILA Revenues expenditure recommendations remains with the Housing Fund Board, but the Housing Fund Board may request assistance from the Housing Task Force. The role of the Housing Task Force in this process is at the sole discretion of the Housing Fund Board. b. Update the Five-Year plan as required by RCW 43.185C.160, as amended, or other State of Washington law. c. Provide a forum for housing providers, housing advocates, governmental entities, and other interested parties to discuss the needs for housing and the barriers to creating housing as well as brainstorming solutions. The Housing Task Force,under the direction of the Housing Fund Board, may determine how best to provide this forum. The Housing Task Force may provide this forum by hosting quarterly meetings, workshops, or charettes, as appropriate. 9. Public Records Act and open fl lic Meeting Act .roomncgµ The City and the County shall be responsible separately for their respective public records pursuant to the Public 7 Records Act, a"Cltitp ? "± ..RC W. The City and the County shall be responsible separately for their respective compliance with the Open Public Meetings Act, ; _ 10 RM 10. Liabilities. a. Each party shall indemnify, defend and hold harmless the other parties, their officers, agents, employees, and volunteers (and their marital communities), 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. is t �j l �twri 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. Mo lif"ication, Witlidr awal aprl l"enni ation„. 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 2021. The termination shall not take 8 effect until January 1 of the next calendar year. For example, a termination notice delivered on June 29, 2022 shall take effect January 1, 2023. 13. No Acouisitioii c1�.'...'ac pert The parties do not anticipate acquiring any property in furtherance of this Agreement. 14. Termination of the Decemberw 18, 2018 Interlocal µA reement. The interlocal agreement of December 18, 2018, and all amendments thereto, is terminated and replaced by this Agreement. 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 December 18, 2018 Interlocal Agreement referenced in Section 14, of this Agreement. 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 shall 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 9 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) 10 CITY OF PORT TOWNSEND JEFFERSON COUNTY BOARD OF COMMISSIONERS atzro, City Mao .. .........�e. ....� .�.— ,,mm m �.._._—�..�.� ager Date Kate Dean, Chair Date SEAL: SEAL: ATTEST: ATTEST: Joanna Sanders........ -_.. ----- Dat.....e� .—...... . ... .�e_.._ �. ... ....� ��_—.....m .�w.�.��...�. e Carolyn Gallaway Date City Clerk Clerk of the Board APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: lleiOiG'i*nn �'�(od�,, Date Philip C. Hunsucker, Date City Attorney Chief Civil Deputy Prosecuting Attorney a 11 CITY OF PORT TOWNSEND JEFFERSON COUNTY BOARD OF COMMISSIONERS Michelle Sandoval,,Mayor, ''—Date........... ...... Kate D. Chair Date SEAL: SEAL: ATTEST: ATTEST: 4 .............................................. .. ........................................ —---------------- Joanna Sanders Date Carolyn(],fillaway Date City Clerk Clerk of the Board APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: October 28, 2021 . ................................ ..... ............ ------- Heidi Greenwood, Date Philip C. I funsucker, Date City Attomey Chief Civil Deputy Prosecuting Attorney 11