03-066 Administration of Surcharge Funds per HB 2060 •
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INTERLOCAL AGREEMENT ,
FOR IKE ADMINISTRATION OF SURCHARGE FUNDS
4 0104 COLLECTED PURSUANT TO HOUSE BILL 2060.
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THIS Th'TERLOCAL AGREEMENT, (the "Agreement"), is entered into by and between the
SPOKANE COUNTY HOUSING AND COMMUNTY DEVELOPMENT DEPARTMENT, a
governmental entity, whose address is 721 North Jefferson Street, Suite 200, Spokane WA, 99260;
("SCH&CDD"), and CITY OF SPOKANE VALLEY, a political subdivision of the State of
Washington, whose address is 11707 E. Sprague Avenue, Suite 106, Spokane, Valley, WA 99206
("CITY")and jointly referred to, as the"Parties", in the manner set forthherein.
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RECITALS V
1. The Spokane County Board of County Commissioners,pursuant to the provisions of the Revised Code
of Washington, Section 36.32.120(6), has the care of County property and the management of County
funds and business; and .
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2. Substitute House Bill 2060, creating a special surcharge on the recording documents through the
County Auditor's office, was passed by the Washington State Legislature during the 57th Legislative
Session and signed by Governor Locke on April 2, 2002; and
3. The Spokane County Board of County Commissioners, by Resolution 02-0438, authorized the
Spokane County Community Services Department and Housing and Community Development
Department Director to develop plans, budgets and administer funds collected as the surcharge
created by Substitute House Bill 2060 and retained by the County; and
4. The Spokane County Community Services Department and Housing and Community Development
Department Director conducted public workshops in October and November 2002, for the purpose of
consultation with interested individuals, groups and agencies in developing plans and processes for
allocating Substitute House Bill 2060 surcharge funds; and
5. On April 22, 2003, pursuant to Resolution 03-0410, the Spokane County Board of County
Commissioners authorized the Spokane County Community Services Department and Housing and
Community Development Department Director to implement the Spokane County Trust Fund for the
purpose of administering the Substitute House Bill 2060 surcharge funds; and
SHB 2060 Surcharge Administration •
Interiocal Agreement V .
Page 1 of 4
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6. The purpose of this Cooperation Agreement,which is entered into pursuant to, and in accordance with
the State Inter-local Cooperation Act, RCW 39.34, is the administration of the Substitute House Bill
2060 surcharge funds pursuant to Substitute House Bill 2060, as enacted.
NOW, THEREFORE, in consideration of promises made herein and the mutual benefits received
hereunder, the Parties agree as follows:
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A. The Spokane County Housing and Community Development Department is designated as the
County's agency for administering and expenditure of Substitute House Bill 2060 surcharge
funds retained by the Spokane County Auditor pursuant to Substitute House Bill 2060 as
enacted,to be used for the following purposes:
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1. Acquisition, construction, or rehabilitation of housing projects or units within housing
projects that are affordable to very low-income persons with incomes at or below fifty
percent of the area median income.
2. Supporting building operation and maintenance costs of housing projects or units within
housing projects built with(state)housing trust funds,that are affordable to very low-income
persons with incomes at or below fifty percent of the area median income, and that require a
supplement to rent income to cover ongoing operation expenses.
3. Rental assistance vouchers for housing projects or units within housing projects that are
affordable to very low-income persons with incomes-at or below fifty percent of the area
median income; to be administered by a local public housing authority or other local
• organization that has an existing rental assistance voucher prograrn, consistent with the
United States Department of Housing and Urban Development's Section 8 Rental Assistance
Voucher program standards. •
4. Planning and administration costs:
B. The Spokane County Housing and Community*Development Department will provide the City
with a written summary of the funds collected and expended under the terms of this Agreement.
C. The Spokane County Housing and Community Development Department Director will establish
an ad hoc committee to evaluate and recommend proposals for funding with the available
Substitute House Bill 2060 surcharge funds. The committee will be comprised of the following
individuals:
1. A Representative of the City of Spokane Valley,appointed by the Mayor.
2. A Representative of the City of Spokane Community Development Department, appointed by
the Mayor. •
3. A Representative of Spokane County. .
4. A Representative of the Spokane Low Income Housing Consortium.
SHB 2060 Surcharge Administration
Interlocal Agreement
Page 2 of 4
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5. A Representative of a non-profit organization providing services to very low-income persons
with incomes at or below fifty percent of the area median income within the boundaries of
Spokane County.
D. Unless extended or otherwise earlier terminated, this Agreement shall expire without further
notice on April 22, 2005.
The term of the Agreement may be extended or altered only by a fully executed Amendment,
pursuant to the terms of this Agreement.
E. No provision of the Agreement is intended or deemed to create any relationship between the
Parties hereto other than that of independent entities agreeing with each other solely for the
purpose of effecting the-provisions of the Agreement. Neither of the Parties hereto, nor any of
their respective employees, shall be construed to be the agent, employee, representative, joint
venture, or partner of the other.
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F. Contractor and SCRSN will work together in good faith to resolve any disputes relating to this
Agreement. If the Parties are unable to resolve a dispute relating to this Agreement within
fifteen (15) days following the date one Party sends written notice of the dispute to the other
Party, the dispute may be submitted by either party to the Director of Spokane County
Community Services ("Director").
G. The Director's decision shall be made within five (5) business days of receipt of the dispute,
unless circumstances warrant a reasonable delay in said response.
H. Except as provided otherwise herein, this Agreement may be amended only in writing by
agreement of all parties hereto. • •
I. Contractor shall not assign this Agreement without prior written consent of SCRSN, nor delegate
any of its duties hereunder except as otherwise provided in this Agreement. This Agreement may
be freely assigned by the SCRSN to any successor or affiliate of SCRSN.
J. Any notices required in accordance with any of the provisions herein shall be delivered
personally,or sent by registered or certified mail to:
COUNTY: .
To: Kasey Kramer, SCCSD and SCH&CDD Director •
7121 North Jefferson Street, Suite 403
Spokane, WA 99260
Fax: (509) 477-6827
With a copy to: Spokane County Housing and Community Development Department
do Departmental Counsel
721 North Jefferson Street, Suite 403
Spokane, WA 99260
Fax: (509)477-6827
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SHB 2060 Surcharge Administration
Interlocal Agreement
Page 3 of 4 •
CITY: City of Spokane Valley
To: Attn: City Clerk
11707 E. Sprague Avenue, Suite 106 • .
Spokane Valley, WA 99206 -
Fax:: (509)921-1008 •
With a copy to: Spokane Valley Long Range Planning Manager
11707 E.-Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Fax: (509)92.1-1008
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ADOPTED by the Board of County Commissioners of Spokane County, Washington this/GWi day of
b -a ,200 . I .'~"�``
,, / /
OFCOlettosf ��,'
„I-, BCp`. oy 11 a ILIA._��
g .a "�. ���.� .oskelley, -Commissioner
y • N ,
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ATTEST: 'i 4,�` s - fi' i�VICKY M.DALTON `‘, -- P : b. • , :Chair— .
CLERK OF THE BOARD - •
y� ,e/n
ABSENT • .
aniela Erickson, Deputy M.Kate McCaslin, \tire Chair_
FOR CONTRACTOR: .
DATE: 7 `/d " g 3 City of Spok ne- r Iley .
. By: .
Michael DeVleming,May r
, . . .
•6-
r 1 h itr�di "'.
pristine Bainbridge .
Spokane Valley City Clerk
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SHB 2060 Surcharge Administration
Interlocal Agreement •
Page4of4
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4 0104
BEFORE THE BOARD Or COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER CONCERNING ENTERING INTO INTER LOCAL AL COOPERATION } •
AGREEMENTS WITH CIT LES AND TOWNS I'OR PARTICIPATION IN THE OUNTY' )
RESOLUTION FOR AFFORDABLE HOUSING TRUST FUND'USING REVENUE }
CREATED BY SUBSTITUTE HOUSE BILL 2060 DURING 2004 AND 2005, }
WHEREAS, the Board of County Conunissioners of Spokane County, pursuant to the provisions of the
Revised Code of Washington, Section 36.32.120(6) has the care of County property and the management
of County funds and business; and
WHEREAS, Substitute House Bill 2060, effective April 2, 2002, requires that funds be retained by the
• County must be deposited into a fund and used as specifically directed by the statute; and
WHER.E.AS, the Board of County Commissioners of Spokane County, pursuant to Resolution 3 011.2,
adopted on February 4, 2003, has established Fund # 123, tit]e.d "Spokane County Housing Trust Fund,"
in order to establish control and accountability for the inflow and outflow of resources received and
disbursed; and
WHEREAS, Spokane County, a political subdivision of the Slate of Washington, and the cities and
towns of the County, which are municipal corporations of the Slate of Washington, jointly have the
authority under RCW 39-34 to enter into inter]ocal cooperation agreements for the purpose of
cooperating in the delivery of affordable housing; and
WHEREAS, the incorporated .cities and towns of Spokane, Spokane Valley, Deer Park, Medical Lake,
Spangle, and Fairfield desire to participate in the County's Affordable Housing Trust Fund for the
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purpose of applying for Funding from Spokane County; and
WHEREAS, the Board of County Commissioners of Spokane County, pursuant to Resolullion 3 0410,
adoped on April 22, 2003, authorized the Community Services and Housing and Community
Development Director to implement policies, inter]ocal agreements, and establish an ad hoc committee;
and
WB RE.AS_ the Housing and Community Development Department has facilitated consultations with
municipalities, affordable housing advocates and the public in developing plans for allocating funds; and
BE 1T THEREFORE RESOLVED, by the Board of County Commissioners of Spokane County that
Phillip D. Harris, Chair, is hereby authorized to sign at other than an open meeting and submit the
attached agreements of cooperation with incorporated cities and towns, in accordance with Substitute
House Bill 2060-
ADOPTED by the Board of County Commissioners of Spokane County, Washington this 10th day of
February, 2004.
f' _..\ `
4 0104
shill- _ . a is, Chair
ABSENT T
N1. • •e I 'C` _ •-, Vice- hair
• tad. X
Jr m..'oskcl]ey, Commissione
ATTEST
VICKY Y M. DALTON
CLERK OF THE BOARD
B 6 ��E.ricksnn, Deputy
4/0/0005
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