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ORD 93-44 ESTABLISHING HEALTH, HOUSING & HUMAN SERVICESORDINANCE NO. 93- 44 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the Bainbridge Island Health, Housing, and Human Services Council and establishing the Health, Housing, and Human Services Account; adding a new chapter to Title 2 of the Bainbridge Island Municipal Code; and adding a new chapter to Title 3 of the Bainbridge Island Municipal Code. WHEREAS, the City Council of the City of Bainbridge Island, Washington finds that it is in the best interest of the citizens of the City to promote and facilitate the development and delivery of health, housing and human services within the City; and WHEREAS, non-profit institutions and individuals devoted to health, housing, and human services are contributing to and providing health care, social services, and means to obtain affordable housing to and for the use of citizens of the City through the Bainbridge Island Health, Housing, and Human Services Council; and WHEREAS, the Bainbridge Island Health, Housing, and Human Services Council will become in early 1994 a legally constituted non-profit corporation of the State of Washington whose principal purpose will be to provide coordinated services, financial support, and long-range planning for non-profit organizations engaged in the delivery of health, housing, and human services in the City; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. There is added to Title 2 of the Bainbridge Island Municipal Code a new chapter entitled "Health, Housing, and Human Services Council" to read as follows: 2.50.010 Designation of Health, Housing, and Human Services Council Effective March 1, 1994, the Bainbridge Island Health, Housing, and Human Services Council, a non-profit corporation of the State of Washington is designated by the City Council as the official body of the City empowered to act on all matters pertaining to the development and delivery of health, housing, and human services within the City consistent with the provisions of this chapter. The purpose of the Council shall be to support services and foster appropriate improvements in the range and quality of health, housing, and human service programs provided in the City, to ensure access to all in need, and to facilitate service delivery sensitive to the cultural perspectives of those in J. At the discretion of the City Council, provide the City Council with a copy of a financial report regarding all operations funded in whole or in part by funds from the Bainbridge Island Health, Housing, and Human Services Account. The report shall be prepared in conformity with generally accepted accounting and reporting principles, and upon special request by the City Council shall be audited by an independent auditor in conformity with generally accepted auditing standards established by the American Institute of Certified Public Accountants; K. Establish safeguards to prohibit its employees, board members, advisors and agents from using their position for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly others with a family, business or other connection to the employee, board member, advisor, or agent. Immediately upon discovery of any conflict of interest or potential conflict of interest as described above, the designated agency shall disclose the conflict or potential conflict to the City Council; L. Adopt such bylaws, rules and regulations as are necessary for the conduct of its business as the City's designated agency. The bylaws, rules and regulations shall be reviewed by the Mayor and the City Council and shall be revised as may be required. The designated agency shall keep minutes of its proceedings with regard to its duties as the City's designated agency which shall be a public record; and M. Nothing in Title 2 or Title 3 of this Code shall (1) prevent, restrict or limit the designated agency from engaging in any legal activity, decision, or expenditure that does not involve funds from the Bainbridge Island Health, Housing, and Human Services Account or (2) require any reporting or accountability to the City or its agencies for any legal activity, decision or expenditure of the designated agency that does not involve funds from the Bainbridge Island Health, Housing, and Human Services Account, unless otherwise required by state statute or municipal ordinance. The City and its agencies shall not possess or exercise any oversight or control over any legal activities, decisions, or expenditures of the designated agency other than those activities that involve the Bainbridge Island Health, Housing, and Human Services Account, the activities, decisions, or expenditures of the designated agency acting in its capacity as designated agency of the City, or as provided for in state law or municipal ordinance. Section 2. There is added to Title 3 of the Bainbridge Island Municipal Code a new chapter entitled "Bainbridge Island Health, Housing, and Human Services Account" to read as follows: 3 3.86.010 Definitions. A. "Designated Agency" means the Bainbridge Island Health, Housing, and Human Services Council. B. "Health" means the overall condition of a person at a given time, soundness of body and mind as well as access to the delivery of primary health care services which enhance the optimal well- being of an individual. C. "Housing" means promotion and facilitation of the availability of decent and safe dwellings affordable to all economic segments of the community through appropriate response to housing crises and avoidance of homelessness through such programs as rental assistance. D. "Human Services" means provision for meeting basic human needs, including but not limited to the need for food, clothing, shelter, and social support especially in times of personal and family crisis. E. "Administrative Expenses" mean those expenses incurred by the designated agency in carrying out the duties and responsibilities indicated in Section 2.50.020. Administrative expenses incurred by the designated agency incidental to a program or project funded by or through the City's Health, Housing, and Human Services Account shall be considered as program or project costs and not as administrative expenses. 3.86.020 Establishment of Bainbridge Island Health. Housing and Human Services Account. All public and private funds authorized, appropriated, or received by the City for health, housing, and human services, pursuant to Section 3.86.030 shall be maintained in a separate account within the City's Social Services Sub -Fund designated the "Bainbridge Island Health, Housing, and Human Services Account". The Mayor and the City Council Finance Committee, shall approve all expenditures from the Bainbridge Island Health, Housing, and Human Services Account upon the advice and recommendation of the designated agency. 3.86.030 Sources of funds. A. For fiscal year 1994, $3,000 or a higher alternative amount to be specified by the City Council shall be placed in the Health, Housing, and Human Services Account for administrative expenses; B. For 1995 and each year thereafter, the City Council shall allocate funds to the Health, Housing, and Human Services Account; 4 C. After January 1, 1994, all funds received by the City as rent for use of the Bainbridge Island Community Commons Health Center shall be placed in the Bainbridge Island Health, Housing, and Human Services Account. D. The designated agency is authorized to solicit and receive on behalf of the City public and private funds to promote local activities, programs and projects in the health, housing, and human services arena. The City's Grant Specialist may assist the Health, Housing, and Human Services Council in obtaining grant funds. Funds from the Bainbridge Island Health, Housing, and Human Services Account may be utilized as the City's local share to acquire matching or grant funds for health, housing, and human services. 3.86.040 Administrative Expenses. Beginning in the year 1995, no more than fifteen percent of the funds in the Bainbridge Island Health, Housing, and Human Services Account may be used for the designated agency's administrative expenses; provided, that if an audit or other administrative expense required by the City results in the designated agency's administration expenses exceeding fifteen percent of the funds in the Bainbridge Island Health, Housing, and Human Services Account, then the City Council may approve the designated agency's use of more than fifteen percent of funds in the account for the designated agency's administrative expenses. 3.86.050 Authority to Publish Information. The City shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, materials, or other information prepared with or in connection with funds from the Bainbridge Island Health, Housing, and Human Services Account. Section 3. This Ordinance shall take effect and be in force five days from and after its passage, approval, publication and posting as required by law. PASSED by the City Council this 1f,. day of X1993. APPROVED by the Mayor this _1Z day of December , 1993. ATTEST/AUTHENTICATE: usan P. Kasper, City Clerk M Mayor APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: POSTED: EFFECTIVE DATE: ORDINANCE NO.: November 12, 1993 December 16, 1993 December 2�, 1993 December 22, 1993 December 27, 1993 93-44 G'1