AG 91-069 - WASHINGTON, STATE OF
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A SERVICE AGREEMENT FOR THE DISTRIBUTION AND ADMINISTRATION OF
CERTAIN WASHINGTON DEPARTMENT OF COMMUNITY-DEVELOPMENT GRANT
FUNDS UNDER THE STATE OF WASHINGTON GROWTH MANAGEMENT ACT OF 1990
THIS AGREEMENT, signed this
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day of ,.Af~CI?
1991-- by and between King County and the city/Town of
1édeva! (Aj CUt ("the Municipal Jurisdiction").
WHEREAS, the Washington state Legislature passed the Growth
Management Act of 1990 (Chapter 17, Laws of 1990), hereinafter
referred to as "the Act," which requires all jurisdictions in the
County of King to prepare comprehensive plans consistent with new
guidelines: and
WHEREAS, the Act requires that jurisdictions prepare these
plans in cooperation with neighboring units of general
government: and
WHEREAS, the State of Washington through the adoption and
administration of the Act will make funds available to local
jurisdictions through the State of Washington Department of
Community Development, hereinafter referred to as DCD, for
expenditure during the 1990-1991 funding years: and
WHEREAS, the Act directs DCD to establish funding levels for
planning and technical assistance grants for counties and cities
that plan under this Act and DCD has allocated approximately $2.1
million dollars to King County jurisdictions: and -
WHEREAS, King County and the municipal jurisdictions within
King County have been designated together as a county region by
DCD for the purpose of receiving DCD funds: and
WHEREAS, DCD requires King County and the municipal
jurisdictions' within King County to develop a regional work
program, hereinafter referred to as a "Joint Regional Strategy,"
for the 1991 calendar year and beyond for implementation of the
Act and for the purpose of receiving DCD funds and to designate
an institutional framework to coordinate the accomplishment of
the Joint Regional strategy: and
WHEREAS, DCD requires King County and the municipal
jurisdictions within King County to develop an allocation formula
for receipt of the first year DCD grant funds within the county
region and designate a fiscal agent to receive and distribute DCD
funds according to the approved allocation formula: and
WHEREAS, DCD requires that the Joint Regional Strategy and
allocation formula be approved by 60% of legislative authorities
of the county and municipal jurisdictions within King County
representing 75% of the total population of King County: and
WHEREAS, only King County and municipal
have adopted the Joint Regional Strategy and
allocation formula by resolution, motion, or
before December 31, 1990 will be eligible to
funds: and
jurisdictions which'
have agreed to the
ordinance on or
receive DCD grant
WHEREAS, the King County Planning Directors Association,
which consists of representatives from King County, the City of
Seattle, and other municipal jurisdictions within King County,
has prepared the Joint Regional Strategy (Attachment A) and the'
Grant Allocation Formula (Attachment B) and has recommended that
King County be designated as the fiscal agent: and
COpy
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,~~;~¥;,-t ,';'i;'~":"'-~~: wHEREAS,""King county has:entêred"'into;:å~"-êontract;with- DCD to;::':')'::
serve as fiscal agent for the distribution of grant funds among
King county and the municipal jurisdictions within King County;
and
WHEREAS, in November
the adoption of ordinance
funds for distribution to
jurisdictions within King
and
1990 the King County Council through
#9720, section 76, appropriated DCD
King County and the municipal
County for the 1990-1991 funding year:
WHEREAS, King county and the Municipal Jurisdiction enter
into this Agreement pursuant to and in accordance with the State
Interlocal Cooperation Act, RCW Chapter 39.34, for the purpose of
distributing and administrating DCD funds and for the execution
of activities in accordance with and under authority of the Act:
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN,
IT IS AGREED THAT:
I.
GENERAL AGREEMENT
King County and the Municipal Jurisdiction agree to comply
with the, provisions of the "Joint Regional strategy," which
is attached hereto as Attachment A and is incorporated'
herein as is fully set forth, by undertaking growth
management activities, specifically the designation of urban
growth areas, the designation of natural resource lands and
critical areas and the development of regulations for these
lands and areas, the development of common data and
information systems, the coordination of planning efforts to
achieve consistency, the identification of land uses for
public purposes, the development of a public participation
process, and undertaking other coordinated planning
activities as specified in the Growth Management Act of
1990.
II.
ENTITLEMENT
The parties agree that the allocation of funds appropriated
by the State of Washington Department of Community
Development -( "DCD") among King County and the municipal
jurisdictions within King County shall be governed by the
following provisions as outlined in the Grant Allocation
Formula, which is attached hereto as Attachment B and is
incorporated herein as is fully set forth:
A.
By entering this Agreement the Municipal Jurisdiction
is eligible to receive a direct share, hereinafter
referred to as a pass-through, of DCD funds as
calculated in the Grant Allocation Formula, which is
based on the following principles:
1.
The pass-through shall include a minimum amount of
$35,000.
2.
The remainder of the funds shall be allocated on a
per capita basis based on a proportional
distribution of total population with Kin~ County
as determined in the April 1990 estimate by the
state of Washington Office of Financial'
Management.
3.
If the Municipal Jurisdiction is partially within
King County and partially within an adjacent -
county, it shall have its base amount adjusted
based on the proportion of its population which is
located in King County.
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B.
C.
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King County shall distribute any unallocated funds in
the same manner as described in paragraph II (A) (2)
above or in another manner approved by King County and
a minimum of nineteen (19) municipal jurisdictions
within King County. Together the population of
unincorporated King County and the approving municipal
jurisdictions must represent 75% of the total
population of King County.
This Agreement is contingent upon the adoption, on or
before December 31, 1990, of a resolution, motion, or
ordinance by the Municipal Jurisdiction approving the
Joint Regional Strategy and Grant Allocation Formula
for DCD grant funds and of a municipal work program
which outlines the Municipal Jurisdiction's
implementation of the Act or the Joint Regional
Strategy.
III. REIMBURSEMENT PROVISIONS
The parties agree that King County is the des~gnated fiscal
agent for the distribution of DCD funds under the terms of
this Agreement. within ten (10) 'business days after
receiving each quarterly warrant from DCD, King County shall
- ~~;-(i;;:;~:,;;:'issue'.-a',..warrant- to the-~Municipal Jurisdiction !or an amount
equal to one quarter (to the nearest dollar) of the total
amount the Municipal Jurisdiction is entitled to receive
according to the Grant Allocation Formula.
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IV.
USE OF FUNDS: GENERAL PROVISIONS
A.
B.
Funds provided to the Municipal Jurisdiction under this
Agreement shall be used solely for activities
undertaken to fulfill the requirements of the Act and
to implement the Joint Regional Strategy.
The Municipal Jurisdiction agrees to conduct the
appropriate citizen participation activities as
required by the Act, section 14. Such activities shall
include the broad dissemination of proposals and
alternatives, opportunity for written comments, public
meeting after effective notice, provisions for open
discussion, communication programs, information
services, and consideration of and response to public
comments.
V.
ROLE OF THE KING COUNTY PLANNING DIRECTORS ASSOCIATION
The parties agree that the King County Planning Directors
Association (the "Association"), which consists of the
planning directors or their designees from King County, the
City of Seattle, and other municipal jurisdictions within
King County, shall serve as a joint forum for the review and
recommendation of policy matters and state requirements to
the legislative authorities of King County and the municipal
jurisdictions within King County. The parties hereby agree
that the Association shall prepare for DCD an annual
regional progress report which describes accomplishments of
the Joint Regional Strategy. ,
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- vr." RESPONSIBILITIES' AND' POWERS OF THE MUNICIPAL' JURISDICTION
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The Municipal Jurisdiction shall have the following
responsibilities and powers:
A.
The Municipal Jurisdiction shall propose to its
legislative authority a local work program which
includes an examination of its role in recognizing and
addressing regional or county-wide needs through a
coordinated funding approach with King County and other
municipal jurisdictions.
B.
The Municipal Jurisdiction shall prepare an annual
progress report in accordance with the primary
objectives and requirements of the Act, Sectiori 19.
The Municipal Jurisdiction's annual progress report
shall be sent to the Office of the Manager, King County
Planning and Community Development Division, 707 Smith
Tower Building, 506 Second Avenue, Seattle, Washington
98104.
C.
The Municipal Jurisdiction shall exercise its
discretion in determining the use of its pass-through
funds in a manner consistent with the Act and the Joint
Regional Strategy including the Municipal
Jurisdiction's local policies.
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The Municipal Jurisdiction agrees to pi6p6~e
legislative authority activities and budgets
inclusion in the implementation of the Joint
Strategy.
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D.
to its-
for
Regional
E.
The Municipal Jurisdiction shall send representatives
to participate actively in technical forums for the
purpose of accomplishing the Joint Regional Strategy.
F.
The Municipal Jurisdiction shall prepare and submit to
King County for transmittal to DCD a short written
description of' high priority growth management work
program projects upon which the Municipal Jurisdiction
intends to begin work during the period between July 1,
1990 and June 30, 1991. This description shall include
reference to work program projects which implement the
Joint Regional Strategy.
G.
The Municipal Jurisdiction undertaking activities
and/or projects with DCD funds distributed under this
Agreement retains full civil and criminal liability as
though these funds were locally generated.
The Municip;:ll Juri3àiGtiuli ~hall tully comply with triL#/
s.täte I:INirOlln.ental rolicy AcC-
I.
The Municipal Jurisdiction shall complete the Growth
Management Needs Assessment, which is attached hereto
as Attachment C, and return it to DCD by January-1,
1991.
J.
The Municipal Jurisdiction shall maintain accounts and
records, including personnel, property, financial, and
programmatic records, and other such records as deemed
necessary, to ensure proper accounting for all project
funds and compliance with this Agreement. All,such
records shall sufficiently and properly reflect all
direct and indirect costs of any nature expended and
services provided in the performance of this Agreement.
These records shall be maintained until June 30, 1994,
unless a longer retention period is required by law.
VII.
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RESPONSIBILITIES AND POWERS OF' KING COUNTY
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King County, by and through its employees, agents, and
representatives, agrees to:
VIII.
A.
A.
B.
C.
D.
B.
C.
Obtain and present to the Association all applicable
state and DCD policy guidelines, special conditions,
and format requirements related to the implementation
of the Joint Regional Strategy and related to the
administration of the grant funds distributed pursuant
to the Act, section 20.
Prepare and present to DCD the annual progress report
regarding the implementation of the Joint Regional
strategy as required by DCD pursuant to the Act,
section 19.
Identify supplemental sources of funding to increase
the ability of King County and the municipal
jurisdictions within King County to carry out effective
growth management activities.
Prepare reports and organize meetings and technical
forums as needed for the Association to assist in the
implementation of the Joint Regional Strategy.
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GENERAL TERMS
This Agreement for 1990-1991 fund distribution shall be
effective July 1, 1990 through June 30, 1991. The
parties acknowledge, however, that commitments to
accomplish the Joint Regional Strategy do.not terminate
with this Agreement. The parties agree to use their
best efforts to work with DCD to secure additional
funding beyond the 1990-1991 funding period and to
execute subsequent agreements.
The King County Council through the adoption of
Ordinance #9720, Section 76 appropriated DCD funds for
distribution to King County and the municipal
jurisdictions within King County for the 1990-1991
funding year:
It is recognized that amendments to this Agreement may
become necessary, and such amendment shall take place
only when the parties have executed a written addendum
to this Agreement.
IX.
EVALUATION AND MONITORING
A.
The records and documents with respect to all matters
covered by this Agreement shall be subject to
inspection, review, or audit by King County so
authorized or as requested by DCD during the
performance of this Agreement and until June 30, 1994,
unless a longer retention period is required by law.
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c.
HOLD
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B.
c.
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The" Municipal Jurisdiction' agrees to cooperate with any I'
monitoring or evaluation activities conducted by King
county that pertain to the subject of this Agreement.
The Municipal Jurisdiction agrees to allow King County,
DCD, the state Auditor, and/or any of their employees,
agents, or representatives to have full access to and
the right to examine during normal business hours and
as often as King County may deem necessary, all of the
Municipal Jurisdiction's records with respect to all
matters covered by this Agreement. King County and/or
any of its employees, agents, or representatives shall ~
be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all
invoices, materials, payrolls, and record of matt_~1="-§.--at 7I~
covered by this Agreement A King County will give (i-UI? 1 '1')
advance notice to the Municipal Jurisdiction in the S 'ie. e.¡:/)Jtn~ e
case of fiscal audits to be conducted. ~ I .
The results and records of said evaluation'shall be 1f1
mainta~ed ¡¡md d,isclose,£ in acfordance,wi th B-CW Ch~t~r (:.~,
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King county ass mes no responsibility for the payment
of,any compensation, wages, benefits, or taxes to or on
behalf~of. the MunicipakJurisdictiQn, its.~employees,or
others by reason of this Agreement. The'Municipal
Jurisdiction shall protect, indemnify and save harmless
King County, its offiçers, agents, and employees from
and against any and all claims, costs, and losses
whatsoever ocçurring or resulting from (1) the
Municipal Jurisdiction's failure to pay any such
compensation, wages, benefits, or taxes: and (2) the
supplying to the Municipal Jurisdiction of work,
services, materials, or supplies by municipal employees
or others in connection with or in support of the
performa,n.ce of this Agreement.
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The Municipal. Jurisdiction further agrees that it is
financially responsible for and shall repay King County
all indicated amounts following an audit exception
which occurs due to the negligence, intentional acts or
failure for any reason to comply with the terms of this
Agreement by the Municipal Jurisdiction, its officers,
employees, agents, or representatives. This duty to
repay King County shall not be diminished or
extinguished by the prior termination of this Agreement
pursuant to Section VIII or section IX.
The Municipal Jurisdiction shall protect, defend,
indemnify, and save harmless King County and the state
of Washington, their officers, employees, and agents ~
from any and all costs, claims, judgments, or awards off
damages, arising out of or in any way resulting from , ~øl
the negligent acts or omissions of the Municipalif\ (J,fI.'1í£J
Jurisdiction, its officers, employees, or agentsrf'The (~I~~
Municipal Jurisdiction agrees that its obligations rù, .r
under this subparagraph extend to any claim, demand, or SJbJt~
cause of action brought by or on behalf of any employee ~HÞ(
of the Municipal Jurisdiction against King County, its ¡VIr. .t~/'-:.
offiéers, agents, or employees, and includes any o~
judgment, award, and cost arising therefrom, in91uding A~r&~e~
a'ttorney fees.
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XI.
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King County shall protect, defend,' indemnify~ and save
harmless the Municipal Jurisdiction, its officers,
employees, and agents from any and all costs, claims,
judgments, or,awards of damages, arising out of or in
any ~ay resultin9 from ~henegligent acts or omiss~ons~~ ~q~
of Klng County, lts offlcers, employees, or agent~.~!) J..-~tj-+o
King County agrees that its obligations under this...¡.-k:..":S~,h\~~
subparagraph extend to any claim, demand, or cause of~~44~
action brought by or on behalf of any employee of King 1 +k:J-,
County against the Municipal Jurisdiction, its ~f~
officers, agents, or employees, and includes any ~'J
judgment, award, and cost arising therefrom, including
attorney fees.
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Claims shall include, but not be limited to, assertions
that the use or transfer of any software, book,
document, report, film, tape, or sound reproduction or
material of any kind, delivered hèreunder, constituies
an infringement or any copyright, patent, trademark,
trade name, or otherwise results in unfair trade
practice.
D.
The Municipal Jurisdiction'shall provide King County
with evidence of general liability insurance with
limits of no less than $1 million per occurrence to
provide coverage for claims for injuries to persons or
" damag~s :to property which may arise from, or in"
connection with the performance of work hereunder by
the Municipal Jurisdiction, its agents,
representatives, employees, or subcontractors. If the
Municipal Jurisdiction is self-insured for this
requirement, a certification of self-insurance shall
constitute compliance with this section.
TERMINATION
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A.
I\T reement may be terminated' cause by
County, 1 le or in , prior to the date
specified in s~~- ~JJ, upon thirty (30) days
!advanc~it~n notice or-t~e-~~gtion to the
\M}.lR"iê~pal Jur, ~Sdiction,. D -=--_._.~---,.-:
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If at any time during the term of this Agreement,
either (1) the state of Washington terminates King
County's DCD grant status, or otherwise acts to
terminate, reduce, modify, or withhold its grant
funding to King County, or (2) any necessary
appropriations of funds for the Municipal Jurisdiction
are not made to King County by the State of Washington,
or are revoked or withheld, or (3) the King County
Council does not appropriate DCD funds for distribution
to the Municipal Jurisdiction, then King County may
terminate this Agreement upon giving twenty (20) days'
written notice to the Municipal Jurisdiction. The
parties acknowledge that, except as otherwise
specifically provided for herein, King County shall in
no event be responsible for the payment of any funds to
the Municipal Jurisdiction. King county, as the'
official fiscal agent, shall have the authority and
responsibility to ensure that upon termination of this
Agreement, any remaining, DCD funds are made available
in the manner described in paragraph II (C) abov~ and in
accordance with state regulations, or returned to DCD.
B.
C.
Nothing herein shall limit, waive, or extinguish any
right or remedy provided by this Agreement or law that
either party may have in the event that the
obligations, terms, and conditions set forth in this
Agreement are breached by the other party.
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XII.
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REDUCTION OF FUNDS
In the event that there is a reduction of funds by the state
oof Washington or DCD, and if such funds are the basis for
. " """'(\~~'t:.hÜLAgrpprnent..,_t_~.êÐ.._1S~pg c~~ty ma~ unilaterally terminate
\v'~' all or part of thlS Agreemen , or Klng County and the
~ "1>'u,.t" Municipal Jurisdiction may r~duce their respective scopes of
1, )". --:pz~";'-'~ work or budgets under this Agreement.
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XIII.
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SEVERABILITY
In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other terms,
conditions, or applications of this Agreement which can be
given effect without the invalid term, condition or
application. To this end the terms and conditions of this
Agreement are declared severable.
XIV.
A.
RECAPTURE PROVISION
In the event that DCD elects to recapture funds from
either King County or the Municipal Jurisdiction for
failure to expend grant funds in accordance with state
law and/or the provisions of this Agreement, King,
County reserves the right to recapture such funds on
behalf of DCD in an amount equivalent to the extent of
noncompliance.
B.
Such right of recapture shall exist for a period not to
exceed three (3) years following termination of this
Agreement. Repayment by the Municipal Jurisdiction of
such funds under this recapture provision shall occur
within thirty (30) days of demand. Funds recaptured by
King County shall be returned to DCD. In the event
that King County is required to institute legal
proceedings to enforce the recapture provision, or is
required to participëte in legal proceedings as a
result of the Municipal Jurisdiction's noncompliance
with the provisions of this Agreement, or is required
to reimburse the State of Washington for the cost of
legal proceedings, then King County shall be entitled
to reimbursement of its costs from the Municipal
Jurisdiction, including reasonable attorney's fees.
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NONDISCRIMINATION
There shall be no discrimination against any employee or
independent contractor paid by any funds which are the
subject of this Agreement or against any applicant for such
employment because of race, religion, color, sex, age,
sexual orientation, handicap, or national origin. This
provision shall include, but not be limited to the
following: employment, upgrading, demotion, transfer,
recruitment, advertising, lay-off or termination, rates of
payor other forms of compensation, and selection for
training.
XVI.
RIGHTS TO OTHER PARTIES
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It is understood and agreed that this Agreement is solely
for the benefit of the parties hereto and conveys no right
to any other party.
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XVII.' GOVERNING LÞ.W AND FILING"
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This Agreement shall be construed and enforced in accordance
with, and the validity and performance hereof shall be
governed by, the laws of the state of Washington. This
Agreement shall be filed with the city clerk of the
Municipal Jurisdiction, the King County Records and Election
Division, and the State of Washington Department of
Community Development.
XVIII.
ADMINISTRATION
King County's representative shall be ~~ ()!~
Address: 707 5tjJ11 If) Ta.uev."
9()f.. 5ø:CIl d Ave 5:dHe evl4 qf)/CY:/
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C~Ôb) aq{..- 8630
A.
Phone:
B
The Municipal Jurisdiction's representative shall be
Address:
",~'!f/, . -;.
Phone:
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XIX.
ENTIRE AGREEMENT/WAIVER OF DEFAULT
The parties agree ~hat this Agreement is the complete
expression of the terms hereto and any oral representations
or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the
performance of the provisions of this Agreement. Waiver of
any default shall not be deemed to be a waiver of any
subsequent default. waiver or breach of any provision of
the Agreement shall not be deemed to be waiver of any other
or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to
be such through wri tt7n. approval by King count,,);" Wh, ich shall i ~w
be attached to the orlglnal Agreement. , }J )(. (,t A~
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KING COUNTY, WASHINGTON
MUNICIPAL JURISDICTION
FOR
J~SUS SANCHEZ For
.K1NG CdUNtY EXEÇlJTJVE
Official Title
City or Town
APPROVED AS TO FORM:
Official Title
aDProved as to form onlY bv
Kinq County Prosecutinq Attorney
per memo dated January 11. 1991
GH2/gmagree7
,