HomeMy WebLinkAboutAG 05-119
DATE IN: I DATE OUT: I TO:
\ ..\-;S\JS CITY,OF FED~RAL WAY LAW DEPARTMENT
V " ~ ~,\ 1J 6 I I) 1/\ z( l (I q { OS
REQUEST FOR C~N1RACT PREPA TION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1.
ORIGINATING DEPT.IDIY:
COMMUNITY DEVELOPMENT/HuMAN SERVICES
2.
4.
ORIGINATING STAFF PERSON:
KELLI O'DONNELL
EXT:
3. DATEREQ. BY:
06~ ,
P0(DS1os
2653
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
o PROFESSIONAL SERVICE AGREEMENT
o MALNTENANCE/LABORAGREEMENT
o PUBLIC WORKS CONTRACT
o SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
o PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
o REAL ESTATE DOCUMENT
o SECURITY DOCUMENT (E.G. AGREEMENT &
PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
o CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ)
o CONTRACT AMENDMENT AG#:
18I CDBG DRAFT INTERLOCALAGREEMENT
o OTHER:
5. PROJECT NAME: JOINT INTERLOCALAGREEMENT REGARDING THE CDBG PROGRAM
6. NAME OF CONTRACTOR: KING COUNTY HOUSING & COMMUNITY DEVELOPMENT
ADDRESS: 821 SECOND AVENUE. SUITE 500. SEATTLE. WA 98104~1598 TELEPHONE: 206-296~8661
CONTACT: LiNDA PETERSONSIGNATURE NAME: JACKIE MACLEAN TITLE DIRECTOR. DEPARTMENT OF COMMUNITY &
HUMAN SERVICES
7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
8.
TERM: COMMENCEMENT DATE: JANUARY 1.2006
RENEWING FOR SUBSEOUENT THREE YEAR PERIODS
COMPLETION DATE: DECEMBER3I.2008AUTO
9. TOTAL COMPENSATION $ N/ A TOTAL CONTRACT (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLrDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ ~ /'(" I/--\-
IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
10.
II.
CONTRACT REVIEW
o PROJECT MANAGER
o DIRECTOR
o RISK MANAGEMENT
~LAW
INITIALIDATE APPROVED
INITIALIDATE APPROVED
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CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED
~.' AWDEPARTMENT ~"l'1'~
i6ClTY MANAGER ~- {d,-
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~IGN COpy BACK TO ORGINATING DEPT. 7: '-
')ii(ASSIGNED AG# 0'3 - II ? I J I - . f
o PURCHASING: PLEASE CHARGE TO: N?J1 fJ.ppWo //rJ
COMMENTS
Please review the attached draft Joint Interlocal Agreement Regardine: the Communitv Development Block Grant Program per
the attached memo,
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GOMMlINlry~~~EIVED BY
JOINT INTERLOCAL AGREEMENT - ..-LoPMFNT OFF'/:hTI',Ar,\:
REGARDING THE ,!4UG i 1 100(.;
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ,I. ..- .' ,i
THIS AGREEMENT is entered into by and between King County (hereinafter the "County") and the
City of Federal Way , (hereinafter the "City") said parties
to this Agreement each being a unit of general local government in the State of Washington.
WITNESSETH:
WHEREAS, the federal government, through adoption and administration of the Housing and
Community Development Act of 1974 (the "AcC), as amended, will make available to King County
Community Development Block Grant (CDBG) funds, for expenditure during the 2006-2008 funding
years; and
WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been
designated by the United States Department of Housing and Urban Development ("HUD"), as an urban
county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation
of CDBG funds based on formula, taking into consideration the social and economic characteristics of
the urban county; and
WHEREAS, the Act allows participation of units of general government within an urban county in
undertaking activities that further the goals ofthe CDBG program within the urban county; and
WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan city
becomes a part of the urban county for purposes of program planning and implementation for the entire
period of the urban county qualification, and for the CDBG program, will be treated by HUD as any
other unit of general local government that is a part of the urban county; and
WHEREAS, a metropolitan city or an urban county may be part of a consortium; and
WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a
consortium that includes other participating jurisdictions ("Consortium") to implement the terms of this
Interlocal Agreement; and
WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community
development plan ("Consolidated Plan") by participating jurisdictions; and
WHEREAS, the County shall undertake CDBG-funded activities in participating incorporated
jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other
qualifYing entities to carry out such activities; and
WHEREAS, the County is responsible to the federal government for all activities undertaken with CDBG
funds and shall ensure that all CDBG assurances and certifications King County is required to submit to
HUD with the Annual Action Plan are met; and
CDBG Joint Interlocal Agreement
1 of 12
2006-2008
io
WHEREAS, the County and the City are committed to targeting CDBG funds to ensure benefit to low-
and moderate-income persons as defined by HUD; and
WHEREAS, the County and the City recognize that needs of low- and moderate-income persons may
cross jurisdictional boundaries and therefore can be considered regional and sub-regional needs as well
as local needs; and
WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an Annual
Action Plan to HUD, which is a requirement to receive CDBG funds; and
WHEREAS, the purpose ofthis Joint Interlocal Agreement, entered into pursuant to and in accordance
with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the distribution and
administration of CDBG, HOME Investment Partnership, and other federal funds received on behalf of
the Consortium from HOO, and for execution of activities in accordance with and under authority of the
Act:
NOW, THEREFORE, IN CONSIDERA nON OF THE FOREGOING CIRCUMSTANCES AND IN
CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT:
I. GENERAL AGREEMENT
The County and City agree to cooperate to undertake, or assist in undertaking, activities which
further the development of viable urban communities, including the provision of decent housing
and a suitable living environment and expanding economic opportunities, principally for persons
of low.and-moderate income, through community renewal and lower income housing assistance
activities, funded from annual CDBG funds from federal Fiscal Years 2006, 2007, and 2008
appropriations, from recaptured funds and from any program income generated from the
expenditure of such funds.
II. DEFINITIONS
A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as described in
Section V of this Agreement.
B. "Entitlement amount" means the amount of funds that a metropolitan city is entitled to
receive under the Entitlement Grant Program as determined by formula set forth in
Section 106 of the Act.
C. "Program income" means gross income received by the City directly generated from the
use of City CDBG funds which includes income from the Housing Repair Program
projects within the City and a pro rata share of net income generated from float loan
activity. Pro rata calculations will use the amount in II (B).
D. "Recaptured funds" means a fund balance that remains at the close of a project activity,
cancellation of an awarded proj ect or a repayment of funds that is required due to
determination of ineligible activity by HUD, change of use from original grant award or
sale of property.
CDBG Joint Interlocal Agreement
2 of 12
2006-2008
-,\
E. "New stand-alone capital project" means a project that requires the establishment of a
new HUD IDIS activity number as opposed to an existing project where supplemental
funding is being added.
F. "Stand-alone public service project" means a project that has not been funded by the sub-
regional process utilized by those non.entitlement consortium cities signing the King
County Consortium Interlocal Cooperation Agreement for the Community Development
Block Grant Program in the applicable program year. A City's stand-alone public
service project may include more than one subcontract as long as only one HUD IDIS
activity number is required and the City submits all information, reports and invoices to
the County as one project.
G. "Joint Agreement Cities" means CDBG entitlement cities that choose to participate in
the King County CDBG Consortium for administration of CDBG funds as a party to this
agreement.
III. GENERAL DISTRIBUTION OF FUNDS
A. The County will retain an amount equal to 10% of the City's Entitlement plus program
income each year for administration and fund management. The remaining 10% of the
City's entitlement plus program income available for planning and administration will be
allocated by the City and may be used to plan and administer the City's CnBG projects
in accordance with this agreement.
B. The County will retain an amount equal to 2% of the City's Entitlement plus program
income each year for eligible project management related costs for the implementation of
projects funded by the City.
C. Five percent of the funds available from the City's Entitlement plus program income
shall be retained for the Housing Stability Program, a public service activity in support of
homeless prevention and in support of the affordable housing requirements under the
implementation of the State Growth Management Act (RCW Chapter 36.70A). The
remaining 10% from the City's entitlement plus program income available for public
services will be allocated by the City in accordance with this agreement.
n. Twenty-five percent of the funds available from the City's Entitlement plus program
income shall be retained for the Consortium.wide Housing Repair program. The JRC
may periodically review and recommend increases or decreases to this percentage if, in
its judgment, there has been a substantial change in the Consortium's overall funding or
in the need for housing repair that justifies an increase or decrease. The remaining
capital funds will be allocated by the City in accordance with this agreement.
E. The balance ofthe City's Entitlement plus program income, along with any recaptured
funds from city-funded projects, may be allocated to projects selected by the City,
provided they are consistent with the provisions of Section IV below.
IV. USE OF FUNDS: GENERAL PROVISIONS
A. Funds shall be used to support the goals and objectives of the King County Consortium
Consolidated Plan.
CDBGJoint Interlocal Agreement
3 of 12
2006-2008
)i
B. Funds shall be used in accordance with the CDBG regulations at 24 CFR 570 and all
other applicable federal regulations.
C. The City agrees to a maximum of two new stand-alone capital projects per year with a
maximum of one project that may trigger Davis Bacon annually. Capital funds not used
for these projects may be allocated to sub-regional projects by the City unless returned
by City to the sub-regional fund.
D. Public Service funds:
1. There will be a one-year extension through 2006 to those public service projects
awarded funds in 2005. Should the City cancel and/or amend one of those
projects, they may reallocate the funds to another project funded in 2005.
2. The City agrees to a maximum of four stand-alone public service projects per
year commencing in program year 2007. Funds contributed to a sub-regional
public service project would not count as part of the four stand-alone projects in
this agreement.
E. No project funding minimum is established in this agreement. Project minimums that
may be established by the JRC for the Consortium sub.regional funding shall not be
binding on the Joint Agreement cities.
v. JOINT RECOMMENDATIONS COMMITTEE
An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established through
the 2006 - 2008 Consortium Interlocal Cooperation Agreement and is hereby adopted as part of
this agreement.
A. Composition-The JRC is composed of three county representatives and eight cities
representatives.
1. The three county representatives shall be King County Executive staff with
broad policy responsibilities and/or department directors. County
representatives shall be specified in writing and, where possible, shall be
consistently the same persons from meeting to meeting.
2. Four of the cities representatives shall be from those non-entitlement consortium
cities signing the King County Consortium Interlocal Cooperation Agreement for
the Community Development Block Grant Program.
3. The remaining four cities representatives shall be from cities that qualify to
receive CDBG or entitlement funds directly from HUD that are signing either
Joint agreements or HOME-only agreements. These latter four representatives
shall have no vote on matters specific to the jurisdictions of the King County
Consortium Interlocal Cooperation Agreement for the Community Development
Block Grant Program.
4. Two ofthe eight cities representatives shall be rotated among the CDBG Joint
Agreement cities of Federal Way, Shoreline and Renton. The two
CDBa Joint Interlocal Agreement
4 of 12
2006-2008
...
representatives will vote on issues affecting Joint Agreement Cities that are
specific to this agreement
5. For all the rotating positions, each city will serve two years on and one year off.
Each City will select its representative and notifY the County.
6. The chairperson and vice-chairperson of the JRC shall be chosen from among
the members ofthe JRC by a majority vote ofthe members for a term of one year
beginning with the first meeting of the calendar year. Attendance of five
members shall constitute a quorum.
B. The King County Executive shall appoint the three county representatives. The
participating cities of the King County Consortium Interlocal Cooperation Agreement
shall provide for the appointment of their shared representatives in a manner to be
determined by those cities through the Suburban Cities Association or other agreed~upon
mechanism for the execution of shared appointing authority. The Suburban Cities
Association or other agreed mechanism will select four jurisdictions of varying size from
among those signing this agreement, two from the north/east sub-region and two from the
south sub.region. The cities representatives shall be elected officials, chief
administrative officers, or persons who report directly to the chief administrative officer
and who have broad policy responsibilities; e.g., planning directors, department
directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their
respective appointing authorities.
C. Powers and Duties-The JRC shall be empowered to:
I. Review and recommend to the King County Executive all policy matters
concerning the Consortium CDBG and HOME Program, including but not
limited to the Consolidated Plan and related plans and policies.
2. Review and recommend to the King County Executive the projects and programs
to be undertaken with CDBG funds and HOME funds, including the
Administrative Set-aside.
3. Monitor and ensure that all geographic areas and participating jurisdictions
benefit fairly from COBG and HOME-funded activities over the three-year
agreement period, so far as is feasible and within the goals and objectives of the
Consolidated Plan.
D. Advisory Committees to JRC-In fulfilling its duty to review and recommend projects
and programs to be undertaken with the CDBG and HOME funds, the JRC shall consider
the advice of inter-jurisdictional advisory committees. Sub-regional advisory
committees, made up of one representative from each participating jurisdiction in a sub-
region that wishes to participate, shall be convened to assist in the review and
recommendation of projects and programs to be undertaken in that sub-region. The JRC
may also solicit recommendations from other inter-jurisdictional housing and community
development committees.
CDBa Joint Interlocal Agreement
5 of 12
2006-2008
;a
VI. RESPONSffiILITIES AND POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in this Agreement, the County as the
applicant and grantee for CDBG funds has responsibility for and assumes all obligations
in the execution of this CDBG Program, including final responsibility for selecting and
executing activities and submitting to HUD the Consolidated Plan, Annual Action Plan,
and related plans. Nothing contained in this Agreement shall be construed as an
abdication of those responsibilities and obligations.
County will bear responsibility for:
1. the HUD-related portions of program planning
2. preparing and submitting the Annual Action Plan and application to HUD
3. preparing and submitting amendments to the Annual Action Plan
4. setting up the projects in the HUD IDIS system
5. preparing and submitting all other HUD-required planning documents
(Consolidated Plan and any amendments; the Analysis of Impediments to Fair
Housing Choice and the Fair Housing Action Plan; the Homeless Continuum of
Care Plan and the Homeless Management Information System; the Lead Paint
Hazard Reduction Plan; etc.)
B. The Metropolitan King County Council shall have authority and responsibility for all
policy matters, including the Consolidated Plan, upon review and recommendation by the
JRC.
C. The Metropolitan King County Council shall have authority and responsibility for all
fund allocation matters, including approval of the annual CDBG Administrative Set-
aside and appropriation of all CDBG funds.
D. The King County Executive, as administrator of this CDBG Program, shall have
authority and responsibility for all administrative requirements for which the County is
responsible to the federal government.
E. The King County Executive shall have authority and responsibility for all fund control
and disbursements.
F. The King County Executive shall have the authority and responsibility to staff the JRC
and provide liaison between HUD and the Urban County Consortium. County Executive
staff shall prepare and present to the JRC evaluation reports or recommendations
concerning specific proposals or policies, and any other material deemed necessary by
the JRC to help it fulfill its powers and duties.
G. King County Executive staff shall have the authority and responsibility to communicate
and consult with Joint Agreement City on CDBG policy and program matters in a timely
manner.
CDBa Joint Interlocal Agreement
6 of 12
2006-2008
~.
#> .
H. King County Executive staff shall provide periodic reports on clients served by
jurisdictions in the Housing Stability and Housing Repair programs and on the status of
CDBG-funded projects and make them available to all participating jurisdictions and the
JRC.
1. King County Executive staff shall administer contracts and provide technical assistance,
both in the development of viable CDBG proposals and in complying with CDBG
contractual requirements.
J. King County Executive staff shall have environmental review responsibility for purposes
of fulfilling requirements of the National Environmental Policy Act, under which King
County may require the local incorporated jurisdiction or contractor to furnish data,
information, and assistance for King County's review and assessment of whether
preparation of an environmental impact statement is required. Additional environmental
review costs may be charged directly to individual project activity and will be addressed
in the proposed project application.
K. King County Executive staff shall implement City funded capital projects, except City
administered projects as noted below.
VII. RESPONSIBILITIES OF THE CITY
A. City shall cooperate in the development of the Consolidated Housing and Community
Development Plan and related plans.
B. City shall assign a staff person to be the primary contact for the County on
CDBG/HOME issues. The assigned CDBG/HOME contact person is responsible for
communicating relevant information to others at the city.
C. The City will bear all responsibility for local annual program planning, using financial
projections that will be provided by the County.
The City will ensure:
I. that all selected projects (1) are an eligible activity, (2) meet a national objective,
and (3) are consistent with the Consolidated Plan and all applicable JRC
policies,
2. that the public participation requirements are met and documented and will
provide certification of such to the County,
3. that all requested information by the County will be submitted in a timely
manner that allows the County enough time to meet HUD timelines, and
4. changes to the local program that require the County to amend budget amounts
and/or submit an amendment to the Annual Action Plan after it has been
submitted to HUD will only be accepted November through June. Budget
amendments received by the 5th day of the month will be effective on the 1 sl day
of the next month.
CDBa Joint Interlocal Agreement
7 of 12
2006-2008
,.
D. The Joint Agreement city and/or their funded agency owning community facilities or
other real property acquired or improved in whole or in part with CDBG funds shall
comply with use restrictions as required by HUD and as required by any relevant policies
adopted by the JRC.
I. During the period of the use restriction, the City shall notify County prior to any
modification or change in the use of real property acquired or improved in whole
or in part with CDBG funds. This includes any modification or change in use
from that planned at the time of the acquisition or improvement, including
disposition.
2. During the period of the use restriction, if the City property acquired or
improved with CDBG funds is sold or transferred for a use which does not
qualifY under the CDBG regulations, the City shall reimburse the County in an
amount equal to the current fair market value (less any portion thereof
attributable to expenditures of non-CDBG funds).
3. The City will ensure County receipt of all required security documents related to
funded capital project activities (this includes non-profit agencies which have
been awarded funds) prior to the execution of a contract between the awarded
agency and the County in order to incorporate said documents into the
contractual agreement.
E. City staff shall implement CDBG-funded projects within the program year and submit
both vouchers and required reports to the County in a complete and timely manner. Prior
to the first and last payment on capital projects exclusive of Housing Repair, acquisition
and Community Based Development Organization projects, pre-approval must be
received from County staff that federal labor requirements have been met.
F. City legislative bodies shall approve or disapprove via motion or resolution all CDBG
activities, locations, and allocations submitted by Joint Agreement City staff.
G. City will be responsible for subcontracting with third parties for services provided by a
Community Based Development Organization for employee development services; and
for public service and city managed projects, except for labor standards and relocation
where responsibility will be shared with the County (see below). If federal requirements
have an unforeseen budget implication (for example, if the City has not foreseen the need
for relocation) the City will be responsible for the increased budget.
H. City shall fulfill to the County's reasonable satisfaction all relevant requirements of
federal laws and regulations that apply to King County as applicant, including assurances
and certifications described below.
1. City certifies that it has adopted and is enforcing:
1. a policy that prohibits the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
CDBa Joint Interlocal Agreement
8 of 12
2006-2008
....
2. a policy that enforces applicable state and local laws against physically barring
entrance to or exit from a facility or location which is the subject of non-violent
civil rights demonstrations within jurisdiction.
J. Pursuant to 24 CFR 570.50I(b), City is subject to the same requirements applicable to
subrecipients when they receive CDBG funds to implement an activity. The applicable
requirements include, but are not limited to, a written agreement with the County that
complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work;
records and reports; program income; uniform administrative items; other program
requirements; conditions for religious organizations; suspension and termination; and
reversion of assets.
K. City understands that it may not apply for CDBG grant entitlement funds from HUD for
the period of participation in this Agreement.
L. The City in its participation in the CDBG urban county consortium through this
Interlocal Agreement understands that it is also part of the Urban County for the HOME
program and may participate in a HOME program only through the CDBG Urban
County.
M. When undertaking activities and/or projects with CDBGfunds distributed under this
Agreement, the City shall retain full civil and criminal liability as though these funds
were locally generated.
N. The City retains responsibility in fulfilling the requirements of the State Environmental
Policy Act under which County shall have review responsibility only.
VIII. SHARED RESPONSffiILITY
A. Federal Labor Standards:
1. County will determine appropriate wage rates for inclusion in the construction
bids and contracts, and hold preconstruction conferences with contractors, which
city staff will also be required to attend.
2. County will be responsible for reviewing and approving weekly certified
contractor payrolls (wage rates, benefits, proper apprentice-journey ratios, etc.)
County will complete a review of initial payrolls submitted to County staff
within 10 working business days of receipt from the contractor or City before
payment will be made by the contracting agency.
3. County will enforce contractor compliance with federal labor standards if the
City waits to pay first and last construction draws until after the County approves
the certified payrolls. If City pays before the County approves, City will be
responsible for any compliance problems.
4. County will be responsible for submitting information for the semi-annual
contractor/subcontractor report and the Section 3 report to HUD.
CDBa Joint Interlocal Agreement
9 of 12
2006-2008
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5. County will provide technical assistance to identify Davis-Bacon issues during
the application process.
6. County will handle non-compliance issues provided the above requirements are
met.
B. Uniform Relocation Act/Barney Frank:
1. City is responsible for identifying proposed projects that may trigger relocation
and replacement housing requirements, and for budgeting sufficient funds in the
project up front to address these issues.
2. County will provide advice and technical assistance if consulted ahead of time
and will handle any necessary relocation processes.
3. City and/or funded agency will be responsible for any unforeseen relocation
costs. Any unresolved relocation cost will be charged against the City's grant
amount after due diligence is completed in collecting payment of funds from the
funded agency.
C. Financial/Fund Management:
County will be responsible for contracting with HUD for the grant funds; recording and
tracking loan repayments and other program income; determining funds available under
the caps; setting up and drawing down from IDIS; paying vouchers submitted by the
City; doing budget revisions upon amendment; reconciling balances, program income,
and funds available for carry over or reallocation at year's end; tracking overall
expenditure rate; financial reporting to HUD, etc.
D. Reporting:
I. City will report accomplishments to the County on each of their public service
and stand alone projects.
2. County will prepare all reports to HUD: CAPER; semi-annual reports on
contracting/subcontracting, Section 3, and labor standards; quarterly Federal
Cash Transaction Reports.
3. County will report quarterly on capital project status and on housing repair
activity. The Housing Stability Program report will continue to be submitted
annually with updates provided on the geographic location of clients served.
E. Monitoring:
I. City will annually monitor the agencies with which it subcontracts to ensure
compliance with all federal, state and county requirements associated with
CDBG funding with an on-site monitoring visit not less than every two years.
CDBa Joint Interlocal Agreement
10 of 12
2006-2008
'"
2. County will monitor the City (and may monitor selected subcontracting
agencies). County will be monitored by HUD, the State Auditor, and by the
HUD Inspector General.
3. County staff will meet with City staff quarterly to monitor, provide technical
assistance, and discuss capital project status.
F. City will provide the County all information necessary from its application process for
contracting and implementation purposes for all other stand-alone capital projects
G. City staff may participate in other Consortium-wide planning activities envisioned in the
Consolidated Plan such as the HOME Working Group and monitoring the Housing
Stability Program, THOR funding, and other sub-regional processes.
VIII. GENERAL TERMS
A. This Agreement shall extend through the 2006,2007, and 2008 program years, and shall
remain in effect until the CDBG funds and program income received with respect to
activities carried out during the three-year qualification period are expended and the
funded activities completed. This Agreement shall be automatically renewed for
participation in successive three-year qualification periods, unless the County or the City
provides written notice that it wishes to amend this agreement or elects not to participate
in the new qualification period by the date set forth by HUD in subsequent Urban County
Qualification Notices. The County, as the official applicant, shall have the authority.and
responsibility to ensure that any property acquired or assisted with CDBG funds is
disposed of or used in accordance with federal regulations.
B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included
unit of general local government may terminate or withdraw from the cooperation
agreement while it remains in effect.
C. It is understood that by signing this Agreement, the City shall accept and agree to comply
with the policies and implementation of the King County Consortium Consolidated Plan.
D. Parties to this Agreement must take all required actions necessary to assure compliance
with King County's certification required by Section 1 04(b) of Title I of the Housing and
Community Development Act of 1974, as amended, including Title VI of the Civil
Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act as amended,
Section 109 of Title I of the Housing and Community Development Act of 1974, as
amended, the Americans with Disabilities Act of 1990, and other applicable laws.
E. City agrees to affirmatively further fair housing and will ensure that no CDBG funds
shall be expended for activities that do not affirmatively further fair housing within its
jurisdiction or that impedes the County's actions to comply with its fair housing
certification.
F. Parties to this Agreement agree to negotiate in good faith any issues that may arise that
are not specifically addressed by this Agreement.
CDBG Joint Interlocal Agreement
11 of 12
2006-2008
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G. It is recognized that amendment to the provisions of this Agreement may be appropriate,
and such amendment shall take place when the parties to this Agreement have executed a
written amendment to this Agreement. The City and the County also agree to adopt any
amendments to the Agreement incorporating changes necessary to meet the requirements
for cooperation agreements set forth in an Urban County Qualification Notice applicable
for a subsequent three-year qualification period, and to submit such amendment to the
HUD. Failure to adopt such required amendment shall void the automatic renewal of the
Agreement for the subsequent qualification period.
KING COUNTY, WASHINGTON
forKi~~eJ;l
--'
Jackie MacLean
Printed Name
David H. Moseley
Printed Name
Director, Department of Community and
Human Services
Title
Da{13/0<;
City Manager
Title
::;-/irrJj-
Date I
Approved as to Form:
CITY OF FEDERAL WAY
CITY ATTORNEY
ATTEST:
''>7Q4~
./ d(!/f~J r,T/NF MFEAJ, City Clerk
CDBa Joint Interlocal Agreement
12 of 12
2006-2008
