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HomeMy WebLinkAboutILA - Franklin County, Connell, Mesa, Kahlotus, Pasco for Local Homeless Housing and Assistances Programs_Plans per HB 2163 2005FRANKLIN COUNTY RESOLUTION NO. i o o 5 532 BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS WHEREAS, the Homeless Housing Assistance Act (HHAA — E2SHB2163), passed by the 2005 Washington State Legislature, requires governments to adopt ten year plans by December 31, 2005, to address homelessness; and WHEREAS, pursuant to RCW 36.01.010 and RCW 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the county and have the care of county property and management of county funds and business; and WHEREAS, under the authority of RCW 36.22.179 and Chapter 43.185C RCW, the Board of County Commissioners constitutes the legislative authority of Franklin County and desires to enter into an agreement with the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus in providing for local homeless housing and assistance programs; NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached Interlocal Agreement between Franklin County, the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus in providing for local homeless housing and assistance programs/plans. APPROVED this 14th day of December 2005. Attest: r Originals: Auditor Minutes City of Connell City of Kahlotus City of Mesa City of Pasco BOARD OF COUNTY COMMISSIONERS FRAN19.IN COJJNTY, WASHINGTON Frank HeBrask, Chair Pro Tem Robert E. Koch, Member cc: Accounting Prosecutor's Office Treasurer J:\Resol-2005\Agreement Homeless Housing.doc 2�D 3Z 5 CONFORMED Copy 674845 11111111111111111111111111111111111111111111111111111111P 1 FRANKLIN COUNTY COMM I SS I ONEfx9GREE 42.00 Franklin Cc, WA WHEN RECORDED RETURN TO: City of Pasco City of Connell City of Mesa City of Kahlotus 525 North 3`d PO Box 1200 PO Box 146 PO Box 100 Pasco, WA 99301 Connell, WA 99326 Mesa, WA 99343 Kahlotus, WA 99335 INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS This Interlocal Agr ment, hereinafter referred to as "Agreement," is entered into as of the may of L'Z� e , 2005 between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY," with its principal offices located at 1016 North 4th Avenue, Pasco Washington; and the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco, Washington 99301; and the City of Connell, a municipal corporation with its principal offices located at 104 E Adams Street, Connell, Washington 99326-1200; and the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343; and the City of Kahlotus, a municipal corporation with its principal offices located at E 130 Weston, Kahlotus, Washington 99335; hereinafter all the aforementioned cities referred to as "CITIES." This Agreement is entered into by the COUNTY under the authority of RCW 36.32.120, RCW 36.22.179, and Chapter 43.185C RCW. This Agreement is entered into by the CITIES under authority of RCW 36.22.179 and Chapter 43.185C RCW. This Agreement is in conformity with Chapter 39.34 RCW, the Interlocal Cooperation Act. To carry out the purposes of this Agreement and in consideration of the benefits to be received by each party it is agreed as follows: Sec. 1. Purpose: The purpose of this Agreement shall be to provide for the collection, administration, and expenditure of RCW 36.22.179 funds to accomplish the INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, *1005 1005 532 THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 1 OF 10 purposes of chapter 484, Laws of 2005, RCW 36.22.179, and Chapter 43.185C RCW in the COUNTY'S and CITIES' providing of local homeless housing programs/plans. Sec. 2. Parties: The parties to this Agreement shall be Franklin County, the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus. Sec. 3. Term: This Agreement shall be for ten (10) years from the date of execution unless any party elects to terminate the Agreement. Renewal of this Agreement shall be by separate written agreement of the parties. Sec. 4. The COUNTY shall: 1) By resolution approve and operate a homeless housing program/plan as authorized per Chapter 43.185C RCW. 2) File the homeless housing program/plan with the State of Washington Department of Community, Trade, and Economic Development. 3) Collect all RCW 36.22.179 funds. 4) By ordinance create a Homeless Housing and Assistance Fund or Account for deposit of the specified percentage of RCW 36.22.179 funds detailed in Section 4(5)(ii) of this Agreement. 5) Administer all collected RCW 36.22.179 funds in the following sequential order as follows: i) Retain two percent (2%) of all collected RCW 36.22.179 funds as a COUNTY collection fee. ii) Deposit sixty percent (60%) of the remaining balance of collected RCW 36.22. i 79 funds into a created Homeless Housing and Assistance Fund or Account to be used by the COUNTY and CITIES to accomplish the purposes of chapter 484, Laws of 2005. iii) Shall have the discretion to use six percent (6%) of the balance of the Homeless Housing Assistance Fund or Account for COUNTY administrative costs related to the homeless housing program/plan. iv) After satisfaction of the requirements of Sec. 4(5)(i) -(iii) of this Agreement, shall use the remainder of the Homeless INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 2 OF 10 Housing Assistance Fund or Account balance to accomplish the goals of the homeless housing program/plan per the requirements of RCW 36.22.179, Chapter 43.185C RCW, and this Agreement. v) Remit the remaining portion of collected RCW 36.22.179 funds not deposited in the Homeless Housing Assistance Fund or Account to the state treasurer for deposit in the state homeless housing account. 6) As permitted by Section 4(5)(iii) of this Agreement and RCW 36.22.179, shall enter into a separate Professional Services Agreement with the Benton -Franklin Community Action Committee (CAC) to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program/plan. Compensation to CAC in the Professional Services Agreement shall be a COUNTY administrative cost in an amount not to exceed six percent (6%) of the balance of the Homeless Housing and Assistance Fund or Account as determined by the COUNTY. 7) Abide by the terms of this Agreement. Sec. 5. The CITIES' shall: 1) Each by resolution shall individually elect to join and support the COUNTY approved homeless housing program/plan as authorized per Chapter 43.185C. The CITIES shall each provide a copy of their resolution to the COUNTY on or before December 15, 2005. 2) By executing this Agreement, agree with the use and compensation of CAC per Section 4(5)(v) of this Agreement to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program/plan. 3) Abide by the terms of this Agreement. Sec. 6. Mutual Cooperation: All parties to this Agreement agree to provide mutual cooperation and make good faith efforts to assist one another in fulfilling the terms of this Agreement. Sec. 7. No Property Acquisition or Joint Financing: This Agreement does not provide for the acquisition, holding, or disposal of property. Nor does this Agreement contemplate the financing of any joint or cooperative undertaking. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 3 OF 10 Sec. 8. Termination: Notwithstanding any other provision of this Agreement, any party may terminate this Agreement anytime upon ninety (90) days written notice of intent to terminate, with the termination to become effective upon expiration of ninety (90) days from the notice of termination date. Such notice of termination shall be by appropriate action of the elected governing body of the terminating party and shall be provided to all parties subject to this Agreement. Termination date shall be the date upon which the elected governing body of the terminating party took formal action to terminate this Agreement. Sec. 9. Notice: Any formal notice or communication to be given under this Agreement shall be deemed properly given, if delivered, of if mailed postage prepaid and addressed: To: Franklin County Attn: County Administrator 1016 North 4th Avenue Pasco, WA 99301 To: City of Connell 104 E Adams Street/ P O Box 1200 Connell, WA 99326-1200 To: City of Kahlotus E 130 Weston/P O Box 100 Kahlotus, WA 99335 To: City of Pasco 525 North Third Pasco, WA To: City of Mesa 103 Franklin Street/ P0Box 146 Mesa, WA 99343 Sec. 10. Independent Contractors: The parties and their employees or agents performing under this Agreement are not deemed to be employees, officers, or agents of the other parties to this Agreement and shall be considered independent contractors. Sec. 11. Record Keeping: All parties to this Agreement shall maintain books, records, documents, and other evidence that properly reflect all costs of any nature expended in the performance of this Agreement. Such records shall reflect financial procedures and practices, participant records, statistical records, property and materials records, and supporting documentation. These records shall be subject at all reasonable times to review and audit by the parties to this Agreement, the Office of the Washington State Auditor, and other officials so authorized by law. Sec. 12. Non -Discrimination: All parties to this Agreement certify that they are equal opportunity employers. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 4 OF 10 Sec. 13. Liability: Each party to this Agreement shall assume the risk of, be liable for, and pay all damage, loss, cost and expense of its officers, officials, and employees arising out of any duty performed, or not performed, while acting in good faith within the scope of this Agreement. Sec. 14. No Third -Party Beneficiaries: The parties to this Agreement do not intend by this Agreement to assume any contractual obligations to anyone other than the parties to this Agreement. The parties do not intend that there be any third -party beneficiaries. Sec. 15. Assignment: No parties to this Agreement shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other parties. Sec. 16. Amendments or Modifications: This Agreement may be amended, altered, or changed in any manner by the mutual written consent of all parties. Sec. 17. Waiver: No waiver by any party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of this Agreement. Sec. 20. Severability: If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Sec. 21. Administrator Designee For This Interlocal Cooperation Agreement: The Board of Franklin County Commissioners is designated as the administrator responsible for overseeing and administering this Agreement which provides for a joint and cooperative undertaking. Sec. 22. Filing: Copies of this Agreement, together with the resolutions of all the parties' governing bodies' approval and ratification of this Agreement, shall be filed with the Franklin County Auditor and the Secretary of the State of Washington after execution of this Agreement by all parties. Sec. 23. Counterparts: This Agreement may be executed by facsimile and in any number of current parts and signature pages hereof with the same affect as if all parties to this Agreement had all signed the same document. All executed current parts shall be construed together, and shall, together with the text of this Agreement, constitute one and the same instrument. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 5 OF 10 Sec. 24. Effective: This Agreement shall become effective upon approval by the parties and recording with the Franklin County Auditor. DATED this day of `1DEAC. , 200 . BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON H. Brock. Chairman Neva J. C,dykrum; Chairman Pro Tem Robert E. Koch, Member Attest: Clerk Wthe Board Approved To Form: Ryan . Verhulp Deputy Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 6 OF 10 ITY OF PASCO IF Approved As To Form: d1Ljzd� berk of the Board INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 7 OF 10 CITY OF CONNELL Name:4a,gr/..t d 1). k),4 Title: /7/.4402 Approved As To Form: Attest: Clerk of the Board INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 8 OF 10 CITY OF MESA Name: PAnI BRjuC Title: M"Oe_ Approved As To Form: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 9 OF 10 CITY OF KAHLOTUS Name: Title: Approved As To Form: Attest: Clerk of the Board INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 10 OF 10 COMMUNITY DEVELOPMENT DEPARTMENT (509) 545-3441 / Fax (509) 545-3499 P.O. Box 293, 525 North Third Avenue, Pasco, Washington 99301 January 19, 2006 Ms. Judith A. Gidley, Executive Director Benton Franklin Community Action Committee 720 W Court St Pasco, WA 99301 Subject: Resolution Supporting Benton -Franklin Homeless Housing Plan for 2006-2015 Dear Judith: Please find attached a resolution of the Pasco City Council supporting the Benton -Franklin Homeless Housing Plan for 2006-2015. If you have any questions, please call. Sinnce(reelly, l� Richard J. Smith, Director Community & Economic Development RJS / arp RESOLUTION NO. Z- 2— A A RESOLUTION SUPPORTING THE BENTON-FRANKLIN HOMELESS HOUSING PLAN FOR 2006-2015. WHEREAS, the Washington State Homeless Housing and Assistance Act of 2005 (HB 2163) mandates that all counties in the State complete plans for the reduction of homelessness; and WHEREAS, Benton Franklin Community Action Committee has prepared a Continuum of Care System for Benton and Franklin counties for the period 2006-2015, and WHEREAS, on December 5, 2005, the City Council approved an interlocal agreement with Franklin County and other cities regarding local homeless housing programs/plans, Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council joins with and supports the Benton Franklin 10 year Homeless Housing Plan, 2006-2015. PASSED by the City Council of the City of Pasco this -17 day of , 2006. Joycz oZson Ma ATTEST: _SaQrlC�_(ALnC00(A Sandy L. Ke worthy Deputy City Clerk APPROVED AS TO FORM: Ilms�__FF *-:Kerr