HomeMy WebLinkAboutILA - Franklin Co, Connell, Kahlotus, Mesa, Pasco for Affordable Housing per SHB 2060 in 2016 3rd CopyRESOLUTION
Franklin County Resolution No. 11b
BEFORE THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, WASHINGTON;
RE: INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN, AND: 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 effective 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 and agreements on behalf of the such 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 Countv 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, and
BE IT FURTHER RESOLVED, the term of the attached agreement commences upon execution by
Franklin County Commissioners and shall terminate 10 years thereafter.
cc: Human services; Franklin County Commissioners
Dated this 16..day of . P r9IZI H. , 2016
Chair
Chair Pro Tem
Member
Constituting the Board of County Commissioners
of Franklin County, "44A—
Clerk
Washington
Attes�t5 L c., of the Board
ao3a
M. Loera
WHEN RECORDED RETURN TO:
City of Pasco
525 North
City of Connell
City of Mesa
City of Kahlotus
3
PO Box 1200
PO Box 146
PO Box 100
Pasco, WA 99301
Connell, WA 99326
Mesa, WA 99343
Kahlotus, WA 99335
INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN, AND:
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 Agreement, hereinafter referred to as "Agreement", is entered into as of the
day of 6 201-1Z between Franklin County, a political
subdivision of the State of Washington, hereinafter referred to as "COUNTY," with its principal
offices located at 1016 North 4`h Avenue, Pasco Washington, 99301; the City of Paseo. a
municipal corporation with its principal offices located at 525 North Third, Pasco, Washington
99301; the City of Connell, a municipal corporation with its principal offices located at 104 E
Adams Street, Connell, Washington, 99326 1200; the City of Mesa, a municipal corporation with
its principal offices located at 103 Franklin Street, Mesa, Washington 99343; the City of
Kahlotus, a municipal corporation both its principal offices located at E 130 Weston, Kahlotus,
Washington 99335; hereinafter all the aforementioned cities referred to collectively 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 (also commonly referred to as "HHAX
or "2163" funds, after the name and number of the enacting legislation) to accomplish the
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 per the termination clause of this 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 funds authorized by RCW 36.22.179.
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 funds collected under RCW 36.22.179 as a
COUNTY collection fee.
ii) Deposit sixty percent (60%) of the remaining balance of collected RCW
36.22.179 funds into the Homeless Housing and Assistance Fund, six percent
(6%) of which subsequently may be paid to the COUNTY general fund to satisfy
its administrative costs related to the homeless housing program/plan, and the
balance used by the COUNTY for programs that directly accomplish the goals of
the Benton and Franklin Counties 10 Year Homeless Housing Plan and in
accordance with RCW 43.185C.050, as now in effect or hereafter amended.
iii) The remaining portion of the funds collected under RCW 36.22.179 funds shall
be remitted to the State Treasurer for deposit in the State's homeless housing
account.
6) The COUNTY may enter into a separate Professional Services Agreement with an
independent contractor to assist with the continued development and management of
the Franklin County homeless housing plan referenced above, and the implementation
thereof; and use any or all of the six percent referenced above to pay for such services.
7) The Benton and Franklin Counties Department of Human Services is designated as the
representative of the COUNTY and as the "local government" as defined in the Act for
administering ESSHB 2163 and ESSHB 1359 funds retained by the COUNTY Auditor
pursuant to the Act, to be used for the following purposes, within Franklin County:
i) Rental and furnishings of units for the use of homeless persons.
ii) Costs of developing affordable housing for homeless persons and services for
formerly homeless individuals and families residing in transitional housing or
permanent housing and still at risk of homelessness.
iii) Operating subsidies for transitional housing or permanent housing serving
formerly homeless families or individuals.
iv) Services to prevent homelessness, such as emergency eviction prevention
programs including temporary rental subsidies to prevent homelessness.
v) Temporary services to assist persons leaving state institutions and other state
programs to prevent them from becoming or remaining homeless.
vi) Outreach services for homeless individuals and families.
2
vii) Development and management of local homeless plans including homeless
census data collection; identification of goals, performance measures, strategies,
and costs and evaluation of progress towards established goals.
viii) Rental vouchers payable to landlords for persons who are homeless or below
thirty percent of the median income or in immediate danger of becoming
homeless.
ix) Other activities to reduce and prevent homelessness as identified for funding in
the local plan.
X) Other duties as required by the State of Washington and the U. S. Department
of Housing and Urban Development such as the COUNTY'S administration of the
annual Point in Time Count, submission of data and required reports,
participation in a Homeless Management Information System (HMIS), and
coordinatlon of a countywide homeless housing taskforce.
Sec. 5. Each City shall:
1) Be authorized to appoint two (2) persons to the Benton Franklin Housing Continuum of
Care which shall serve in an advisory capacity to the Benton and Franklin Counties
Department of Human Ser ices. These seats may be filled with elected officials or
designees, to be determined by the individual city.
2) This right is in return for the CITIES decision to not receive funds collected by the
COUNTY under RCW 36.22.1791 for the purpose of operating their own homeless
housing program as authorized by RCW 43.185C.080. The funds collected by the
COUNTY under RCW 36.22.1791 instead shall be directed towards programs that
accomplish the goals of the COUNTY's homeless housing program.
3) By executing this Agreement, the CITIES authorize the COUNTY to contract for
services, as referenced in Section 4(6) 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 other than the funds collected hereunder. 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.
Sec. 8. Termination: Notwithstanding any other provision of this Agreement, any parry may
terminate this Agreement effective January 1 st of any given year by giving written notice of
intent to terminate by July 1st of the preceding year (providing at least 6 months notice), with the
termination to become effective no earlier than January 1 st of the following year. 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.
Sec. 9. Notice: Any formal notice or communication to be given under this Agreement shall be
deemed properly given, if delivered, or if mailed postage prepaid and addressed:
To: Franklin County
Attn: County Administrator
1016 North 4`h 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
Kahlctus, WA 99335
To: City of Pasco
525 North Third
Pasco, WA 99301
To: City of Mesa
103 Franklin Street
P.O. Box 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.
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.
0
2tio lit
Sec. 18. 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. 19. 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. 20. Filing: Copies of this Agreement shall be filed with the Franklin County Auditor and
the Secretary of State after execution of this Agreement by all parties.
Sec. 21. Counterparts: This Agreement may be executed by facsimile and in any number of
current parts and signature pages hereof with the same effect 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.
Sec. 22. Effective: This Agreement shall become effective upon approval by all of the parties
and recording with the Franklin County Auditor.
Attest:
le < of the oard
Dated this 1U day of 1ti1Age U 201&.
BOARD OF COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
Brad
Rick Miller
Robert E. Koch
Approved as to Form:
WLlty Prosecuting Attorne
CITY OF PASCO
At
test:
f\ p Title: j
Approved as to Form:
CITY OF CONNELL
Name: 15ft4GE %�/3Gi1iyELL
Title: /W Al �O✓i'
Attest:
Title:
Approved as to Form:
Y
Title:
Title: MA:V/)e—
Attest:
Title:
Approved as to Form:
Title:
CITY OF KAHLOTUS
Name: b0tbld nA &Lki
Title: (Hn,uOr
Attest:
Title:
Approved as to Form:
�� � Title: __. &t/oi' ;;3v + I