Loading...
HomeMy WebLinkAbout2019-07-02 - City of Wenatchee - Interlocal Agreements General (2)INTERLOCAL AGREEMENT FOR COMPLETION OF A REGIONAL ASSESSMENT OF FAIR HOUSING THIS INTERLOCAL AGREEMENT for the services of Community Development Block Grant staff by and between the City of Wenatchee (City) and the City of East Wenatchee (East Wenatchee) sometimes collectively referred to as “the Parties”. I. RECITALS WHEREAS, the obligation to Affirmatively Further Fair Housing (AFFH) has been in the Fair Housing Act since 1968 and is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act, and WHEREAS, the AFFH rule clarifies existing fair housing obligations with a streamlined process to analyze the local fair housing landscape and set hair housing priorities and goals through an Assessment of Fair Housing (AFH), and WHEREAS, the Parties are federal grantees and must assess four fair housing issues identified by the AFFH rule including:  Patterns of integration and segregation;  Racially or ethnically concentrated areas of poverty;  Disparities in access to opportunity; and  Disproportionate housing needs; and WHEREAS, the Parties have signed a memorandum of understanding establishing a regional collaboration including the Public Housing Authority of Chelan County and the City of Wenatchee (HA) with which to complete the AFH, and WHEREAS, East Wenatchee is identified as a supporting partner and does not currently have the staff capacity to lead the AFH planning effort, and WHEREAS, the City is identified as the lead partner for the regional collaboration and has the capability of providing staff assistance to East Wenatchee to work on the AFH, and WHEREAS, East Wenatchee is aware that no other similar resource is available to provide the expertise needed in the creation of the AFH, and WHEREAS, pursuant to CFR24.5.152 and 5.156, the Parties are encouraged to collaborate and conduct and submit a single AFH for the purpose of sharing resources and addressing fair housing issues from a broader perspective by evaluating fair housing issues and contributing factors, and NOW, THEREFORE, the parties hereby mutually agree to as follows: II. AGREEMENT 1. Incorporation. The recitals set forth above are hereby incorporated into this Agreement by this reference and made a part hereof as though fully set forth herein. 2. Purpose and Score. The purpose of this Agreement is to allow the City to enter into an Agreement to accept reimbursement from East Wenatchee for services of a Community Development Block Grant (CDBG) staff person who shall complete a scope of work (attached) developed in partnership and agreed upon by the Parties related to the regional collaboration for the AFH. In exchange for these services, the City will bill East Wenatchee directly and be compensated by East Wenatchee as set forth in the scope of work. 3. Termination and Modification A. Effective Date/Term. This Agreement shall take effect on the date of final signature, and terminate September 30, 2020, unless otherwise modified or terminated. B. Termination Notice. Either of the Parties may terminate this Agreement upon five (5) days written notice to the other Party of the Party’s intent to terminate this Agreement. The terms of this section of the Agreement constitute the full and exclusive remedies between the Parties in the event that either Party breaches the Agreement; provided, however that the City shall be entitled to compensation for services provided up to and including the date of termination. 4. Administration. A. No separate legal or administrative entity is created by this Agreement. B. The City shall manage its CDBG staff during the term of this Agreement C. During the term of this Agreement and any renewal, any request for services and concerns of East Wenatchee shall be communicated to the City by the Community Development Director for East Wenatchee or their designee. D. A total budget of $10,000 has been established for this Agreement. The City shall provide East Wenatchee a written invoice by the eighth (8th) of the following month for which work is completed in accordance with tasks outlined in the scope of work. All staff time will be billed at an hourly rate that a covers all direct and indirect expenses. East Wenatchee will reimburse the City within thirty (30) days of receipt of invoice. If either Party identifies a discrepancy between an invoice and this Agreement, said party must provide notice within ten (10) days of the invoice being submitted for dispute. E. If any invoice discrepancies are identified, East Wenatchee must notify the City within ten (10) days of receipt. 5. Federal Funds. It is understood that this agreement is funded in with federal allocations as administered by HUD and is subject to those regulations and restrictions normally associated with federally-funded programs. 6. Independent Contractor. The City and East Wenatchee agree that the City is an independent contractor with respect to services provided to this Agreement. Nothing in this Agreement shall be considered to create a relationship of employer and employee between the Parties hereto. Neither the City nor any employee of the City shall be entitled to any benefits afforded to East Wenatchee employees by virtue of the assistance provided under the Agreement. East Wenatchee shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the State Industrial Insurance program or otherwise assuming the duties of an employer with respect to the City, or any employees of the City. 7. Mutual Indemnification. The Parties agree to hold harmless, indemnify and defend each other and the officers, agents and employees of the other Party from and against any and all claims, losses or liability for injuries, sickness or death of persons, including employees of the other Party, or damage to property, arising out of any willful misconduct or negligent act, error, or omission of either Party, its agents, officers, contractors, employees, or consultants incurred in connection with the services of this Agreement, provided, however, that each Party’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the sole willful misconduct or sole negligence of the said party, its agents, officers, or employees; and each Party’s obligation to indemnify, defend and hold harmless for injuries, sickness, death, or damage caused by or resulting from the concurrent negligence or willful misconduct of the Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. 8. Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and the unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. 9. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington and venue for any lawsuit shall be in Chelan County Superior Court. 10. Attorney’s Fees. In the event it is necessary for either of the Parties to utilize the services of an attorney to enforce any of the terms of this Agreement, neither Party shall be entitled to compensation for its reasonable attorney’s fees and costs, regardless of the outcome of any litigation or regardless of who the substantially prevailing Party shall be, i.e., each Party shall bear its own attorney’s fees and costs incurred therein. 11. Waiver of Breach. The waiver of either Party by the breach of any provision in this Agreement by the other Party must be in writing and shall not operate nor be construed as a waiver of any other breach by such other Party. 12. Savings Clause. Nothing in this Agreement shall be construed so as to require the commission of any acts contrary to law, wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. 13. Filing. This Agreement shall be filed with the Chelan County Auditor’s Office or, alternatively, listed by subject on either Party’s public web site pursuant to RCW 39.34.040. 14. Interpretation. This Agreement has been submitted to the scrutiny of the Parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration to or weight given to its being drafted by any Party or its counsel. All words used in the singular shall include the plural, and the present tense shall include the future tense; and the gender shall include the feminine, masculine and neuter genders. 15. Notices. Notices between the Parties shall be effective if personally served upon the other Party or mailed by registered or certified mail, return receipt requested, to the following addresses: City of Wenatchee Attn: Brooklyn Holton, Housing and Community Planner 1350 McKittrick Street, Suite A Wenatchee, WA 98801 City of East Wenatchee Attn: Lori Barnett, Community Development Director 271 – 9th Street NE East Wenatchee, WA 98802 Notices mailed shall be deemed given on the date of mailing. The Parties shall notify each other in writing of any change of address. 16. Access to Records. The Parties and other authorized representatives of the Parties, including the State and Federal governments, shall have access to any books, documents, papers and record of the other Party which are pertinent to this Agreement for the purposes of making audits, examinations, and transcriptions. The City shall maintain all such records pertinent to the performance of this Agreement or a period of four years after final payment and all other pending matters are closed. East Wenatchee must retain for its purposes, any records regarding the performance of this Agreement that it deems necessary for whatever reasons. 17. Civil Rights. The Parties agree to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Ace of 1964 as amended, Title VIII of the Civil Rights Ace of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. The Parties agree to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders reference in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. 18. “Section 3” Compliance. The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 required that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located. Compliance with provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rule and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement. The Parties certify and agree that no contractual or other legal incapacity exists that would prevent compliance with these requirements. SCOPE OF WORK REGIONAL ASSESSMENT OF FAIR HOUSING The regional Assessment of Fair Housing (AFH) will provide inclusive community participation resulting in the setting of fair housing goals and priorities to increase fair housing choice and provide equal access to opportunity for all community members. These goals and priorities will inform the investments and other decisions made in local planning processes. All work shall be completed by February 1, 2020. PROJECT AREA: Chelan County and the City of East Wenatchee Urban Growth Area PROJECT TASKS: The final AFH will include analysis, assessment, prioritization and goal setting. These will be informed by meaningful community participation and reasonable opportunities for the public to be involved in the development of the AFH and incorporation of the AFH into the Parties’ respective required plans. 1. ANALYSIS a. Integration and segregation patterns and trends based on race, color, religion, sex, familial status, national origin and disability in the jurisdiction and region; b. Racially or ethnically concentrated areas of poverty (R/ECAPs) in the jurisdiction and region; c. Significant disparities in access to opportunity for any protected class in the jurisdiction and region; and d. Disproportionate housing needs for any protected class within the jurisdiction and region. 2. Discussion of fair housing issues related to publicly supported housing disability and access; and fair housing enforcement, outreach capacity, and resources. 3. Identify significant contributing factors for segregation, R/ECAPs, disparities in access to opportunity, and disproportionate housing needs, including the significant contributing factors that are related to publicly supported housing, disability and access issues, and fair housing enforcement, outreach capacity, and resources. 4. Prioritize the contributing factors identified for each fair housing issue and a justification for the prioritization. In prioritizing such a factors, program participants shall give highest priority to those factors that limit or deny fair housing choice of access to opportunity, or negatively impact fair housing or civil rights compliance. 5. Identity fair housing goals that each program participant will use to, overcome the effect of the prioritized contributing factors and related fair housing issues, including a description of how the goals related to overcoming the contributing factor(s) and related fair housing issue(s). Each goal also will include an identification of the metrics and milestones for determining what fair housing results will be achieved and the timeframes for achieving them. Specification of responsibility by each Party will be provided for each goal. PARTY RESPONSIBILITIES: The Parties will be accountable for any application analysis and applicable joint goals and priorities to be included in the submitted AFH. The Parties will also be accountable for their individual analysis, goals and priorities to be included in their respective submitted AFH. The final deliverable is a Regional Assessment of Fair Housing. The responsibilities of the Parties are as follows: - The Parties o Support community outreach efforts and engagement sessions o Contribute all relative, local data related to fair housing opportunities and barriers o Review draft and final versions of regional AFH sections o Develop individual goals and priorities for the regional AFH o Submit the AFH to HUD individually under respective program requirements - The City o Provide collaboration oversight o Coordinate community outreach efforts and engagement sessions o Develop and finalize the regional AFH in accordance with the “Project Tasks” as outlined above COSTS AND PROFESSIONAL FEES Expenses will include staff time, staff benefits and overhead costs based on the City’s fiscal year 2019 indirect cost rate of 2.4 (1.4 as the multiplier) and may include goods and services related to providing meaningful community participation and involvement. Staff time will be billed at an hourly rate of (including indirect costs): $78.80 Goods and services will be billed for direct costs as identified on an invoice or receipt. Total expenses are not to exceed $10,000