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AG 11-157RETURN TO: Bryant Enge EXT: x2510 t�� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: MAYOx'S OFFicE 2. ORIGINATING STAFF PERSON: BRYAtvT ENGE EXT: x2510 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G , RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCLTMENT (E.G. BOND RELATED DoCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): X3C INTERLOCAL ❑ OTHER _ _ S. PROJECT NAME: HOME INVESTMENT PARTNERSHIP PROGRAM 6. NAME OF CONTRACTOR: KRVG CO[7ArTY HOUSnvG AND COMMUNrrY DEVEIAPMEt�1T PROGRntvt ADDRESS: 401 Fir�['x AvEtvuE, SurrE 510 TELEPHONE _206-263-9067 E CHERYL.MARKHAM(C7�,KINGCOUNTY.GOV FAX: 206 ' SIGNATURE NAME: JnCx[E nCLEnrr TITLE Di�CTOx 7. EXHIBITS AND ATTACHMENTS: � COPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: WxErr ScGtvED sYALr_, PARTIES COMPLETION DATE: 12-31-2014 9. TOTAL COMPENSATION $ CONSORTIUM AGREEMENT (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES XX NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X}�v0 IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (iF aPPLiCnBLE) ❑ LAW N/A (Unless Grant is Awarded) INITIAL/ DATE REVIEWED A��' � 1-1��—(� ��Ma�."'�� INITIAL / DATE APPROVED 11. COUNCILAPPROVAL(�'.�Pr_,IC�sLE) COMMITTEEAPPROVALDATE: COUNCILAPPROVALDATE: 12. CONTRACT 5IGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) `�1 CITY CLERK � ASSIGNED AG# �( SIGNED COPY RETURNED COMMENTS: AG# �� DATE SENT: �� rvc� EXHIBIT A HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City of Federal Way, hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and WHEREAS, a unit of general local government that is located within in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program"; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, AND 1N CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Act") and RCW 39.34, the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County as the applicant and grantee for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including adding new members on behalf of the HOME Consortium, final responsibility for selecting and executing activities, ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan (Consolidated Plan), Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreernent shall be construed as an abdication of those responsibilities and obligations. HOME Interlocal Agreement 1 of 5 2012-2014 The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans, and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect far the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 2012, 2013 and 2014 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortium's Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development, whichever is shorter. 5. This Agreement will be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it wishes to amend or elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 6. The City and the County agree to adopt any amendments to this 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 amendments to the United States Department of Housing and Urban Development. Failure to adopt such amendments will void the automatic renewal of such qualification period. 7. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 8. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the County, regardless of whether the County receives a HOME formula allocation. 9. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively HOME Interlocal Agreement 2 of 5 2012-2014 furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. 11. Joint Recommendations Committee Composition. An inter jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2012-2014 Consortium Interlocal Cooperation Agreement. The JRC shall be composed of three county representatives and eight cities representatives. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or deparhnent directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. Four of the cities representatives shall be from non-entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program, two from each subregion. The remaining four cities representatives shall be from cities that qualify to receive CDBG funds directly from HUD that are signing either a Joint Agreement Regarding the Community Development Block Grant Program or a HOME Program-only Agreement. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program. Two of the eight cities representatives shall be rotated among the HOME Program-only Agreement Cities. The two representatives will vote on issues affecting HOME Program Agreement Cities that are specific to this Agreement. For the HOME Program-only Agreement Cities' rotating positions, the HOME Program Agreement Cities will notify the County by the end of the second week in February of each year, who the two HOME Program-only Agreement City representatives will be for that year. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. 12. JRC Appointments. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program 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 HOME Interlocal Agreement 3 of 5 2012-2014 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. 13. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and recommend to the King County Executive all policy matters concerning the King County CDBG Consortium and HOME Program Consortium, including but not limited to the Consolidated Plan and related plans and policies. b. Review and recommend to the King County Executive the projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds, including the Administrative Set-aside. c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOME Program Consortium funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and programs to be undertaken with HOME Program 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. 15. The City shall assist the County in developing the Consortium's HOME Program by participating in development of the Consolidated Plan to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of the City and the County. 16. The City and County shall each assign a staff person to serve as the primary contact for the administration of this Agreement. The assigned contact person is responsible for communicating relevant information to their respective jurisdiction. 17. This Agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC. HOME Interlocal Agreement 4 of 5 2012-2014 18. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON for King County Executive City of Federal Way, Washington By: Signatu Jackie MacLean Printed Name Director, Department of Community and Human Services Title Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Skip Priest Printed Name Mayor Title Date Approved as to Form: CTI'Y OF FEDERAL WAY CITY ATTORNEY � Patricia ardson City Attorney ATTEST: CIT'Y OF FEDERAL WAY Carol McNeilly City Clerk HOME Interlocal Agreement 5 of 5 2012-2014 � Y � King County Community Services Division Department of Community and Human Services 401 Fifth Avenue, Suite 510 Seattle, WA 98104 206.263.9062 FAX: 206.296.0156 TTY RELAY: 711 • CONFORMED COPY 2011121200@569 KING CdUNTY DE INTERLOCA 67.00 PAGE-@01 OF 006 32I12/2031 13:36 Please return to the Attention of: Cheryl Markham, Program Manager King County Housing and Community Development 401 Fifth Avenue, Suite 510 Seattle, WA 98104 WASHINGTON STATE RECORDER'S COVER SHEET Document Title HOME Investment Partnerships Program Interlocal Cooperation Agreement v�i01o�^ 0�41`'� Grantor(s) I Grantee{s) This Agreement is between King County, Washington and the cities of Renton, Shoreline, Redmond, Kent, Bellevue, Auburn, Federal Way �x�cua+a� _ Full copies of e�ch agreement are maintained by the Department of Community and Huma.n Services / Comrnunity Services Division / Housing and Community Development Program located at 401 Fifth Avenue, Suite 510, Seattle, WA 98104. � 0 ►� w � EXHIBIT A HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City of Federal Way, hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and WHEREAS, a unit of general local government that is located within in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement for purposes of the HOME Investment Partnerships Program, hereinafter referred to as"HOME Program"; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: 1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Act") and RCW 39.34, the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County as the applicant and grantee for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including adding new members on behalf of the HOME Consortium, final responsibility for selecting and executing activities, ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan (Consolidated Plan), Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreernent shall be construed as an abdication of those responsibilities and obligations. HOME Interlocal Agreement 1 of 5 2012-2014 The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans, and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 2012, 2013 and 2014 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortium's Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development, whichever is shorter. 5. This Agreement will be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it wishes to amend or elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Norice applicable to subsequent three-yeaz qualification periods and provided by the United States Deparirnent of Housing and Urban Development. 6. The City and the County agree to adopt any amendments to this 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 amendments to the United States Department of Housing and Urban Development. Failure to adopt such amendments will void the automatic renewal of such qualification period. 7. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 8. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the County, regardless of whether the County receives a HOME formula allocation. 9. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively HOME Interlocal Agreement 2 of 5 2012-2014 furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. 11. Joint Recommendations Committee Composition. An inter jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2012-2014 Consortium Interlocal Cooperation Agreement. The JRC shall be composed of three county representatives and eight cities representatives. The three county representatives shall be King County Executive staff with broad policy responsibilities andlor department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. Four of the cities representatives shall be from non-entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program, two from each subregion. T'he remaining four cities representatives shall be from cities that qualify to receive CDBG funds directly from HUD that are signing either a Joint Agreement Regarding the Community Development Block Grant Program or a HOME Program-only Agreement. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program. Two of the eight cities representatives shall be rotated among the HOME Program-only Agreement Cities. The two representatives will vote on issues affecting HOME Program Agreement Cities that are specific to this Agreement. For the HOME Program-only Agreement Cities' rotating positions, the HOME Program Agreement Cities will notify the County by the end of the second week in February of each year, who the two HOME Program-only Agreement City representatives will be for that year. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. 12. JRC Appointments. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Ag�eement for the Community Development Block Grant Program 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 HOME Interlocal Agreement 3 of 5 2012-2014 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. 13. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and recommend to the King County Executive all policy matters concerning the King County CDBG Consortium and HOME Prograrn Consortium, including but not limited to the Consolidated Plan and related plans and policies. b. Review and recommend to the King County Executive the projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds, including the Administrative Set-aside. c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOME Program Consortium funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and programs to be undertaken with HOME Program 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. 15. The City shall assist the County in developing the Consortium's HOME Program by participating in development of the Consolidated Plan to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of the City and the County. 16. The City and County shall each assign a staff person to serve as the primary contact for the administration of this Agreement. The assigned contact person is responsible for communicating relevant information to their respective jurisdiction. 17. This Agreement applies to the Consortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC. HOME Interlocal Agreement 4 of 5 2012-2014 18. This Agreement is made and entered into for the sole protection and.benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COiJNTY, WASHINGTON City of Federal Way, Washington for y ecutiv By: Signa Jackie MacLean Printed Name Director, Department of Community and Human Services Title Skip Priest Printed Name Mayor Title Date Date Form: Approved as to Form: [E KING COUNTY CITY OF FEDERAL WAY ATTORNEY CITY ATTORNEY � Patricia " ardson City Attorney ATTEST: CITY OF FEDERAL WAY Carol McNeilly City Clerk HOME Interlocal Agreement 5 of 5 2012-2014 x King County Community Services Division Department of Community and Human Services 401 Fifth Avenue, Suite 510 Seattle, WA 98104 2d6.263.9062 FAX: 206.296.0156 1?Y REIAY: 711 CONFORMED COPY 20111212000569 KING COUNTY DE INTERLOCA 67.00 PAGE-001 OF 006 12/12/2011 13:36 Please return to the Attention of: Cheryl Markham, Program Manager King County Housing and Community Development 401 Fifth Avenue, Suite 510 Seattle, WA 98104 WASHINGTON STATE RECORDER'S COVER SHEET Document Title HOME Investment Partnerships Program Interlocal Cooperation Agreement v�Dio�� 0�01`'� Grantor(s) / Grantee{s) This Agreement is between King County, Washington and the cities of: Renton, Shoreline, Redmond, Kent, Bellevue, Auburn, Federal Wa . �X�� Full copies of e�ch agreement are maintained by the Department of Community and Human Services / Community Services Division / Housing and Community Development Program loca.ted at 441 Fifth A�enue, Suite S 10, Seattle, WA 98104. .�.. �. HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City af Federal Way hereinafter referred to as the "City," said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and WHEREAS, a unit of general local government that is located within in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement for purposes of the HOME Investment Partnerships Prograrn, hereinafter referred to as "HOME Program' ; NOW, THEREFORE, 1N CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: l. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Act") and RCW 3934, the Intergovernmental Cooperation Act. 2. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 3. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program. The County as the applicant and grantee for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including adding new members on behalf of the HOME Consortium, final responsibility for selecting and executing activities, ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan (Consolidated Plan), Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. HOME Interlocal Agreement 1 of 5 2012-2014 The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans, and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and cany out all activities that will be funded from HOME funds awazded for the 2012, 2013 and 2014 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortium's Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction or an urban county is rescinded by the United States Department of Housing and Urban Development, whichever is shorter. 5. This Agreement will be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it wishes to amend or elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 6. The City and the County agree to adopt any. amendments to this 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 amendments to the United States Department of Housing and Urban Development. Failure to adopt such amendments will void the automatic renewal of such qualification period. 7. During the terrn of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 8. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the County, regardless of whether the County receives a HOME formula allocation. 9. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively HOME Interlocal Agreement 2 of 5 2012-2014 furthering fair housing" includes participation in the process of developing an Analysis of Impedirnents to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement, upon request, the City shall provide assistance to the County in preparing sixch reports. 11. Joint Recommendations Committee Composition. An inter jurisdictional Joint Recommendations Committee ("JRC"� shall be established through the 2012-2014 Consortium Interlocal Cooperation Agreement. The JRC shall be composed of three county representatives and eight cities representatives. 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. Four of the cities representatives shall be from non-entitlement consortium cities signing the King County Consortiurn Interlocal Cooperation Agreement Regaxding the Community Development Block Grant Program, two from each subregion. The remaining four cities representatives shall be from cities that qualify to receive CDBG funds directly from HUD that are signing either a Joint Agreement Regarding the Community Development Block Grant Program or a HOME Program-only Agreement. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program. � Two of the eight cities representatives shall be rotated among the HOME Program-only Agreement Cities. The two representatives will vote on issues affecting HOME Program Agreement Cities that are specific to this Agreement. For the HOME Program-only Agreement Cities' rotating positions, the HOME Program Agreement Cities will notify the County by the end of the secand week in February of each year, who the two HOME Program-only Agreement City representatives will be for that year. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. 12. JRC Appointments. The King County Executive sha11 appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program sha11 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 rnechanism will select four jurisdictions of varying size from among those signing this HOME Interlocal Agreement 3 of 5 2012-2014 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, deparhnent directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. 13. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and recommend to the I�ing County Executive all policy matters concerning the King County CDBG Consortium and HOME Program Consortium, including but not limited to the Consolidated Plan and related plans and policies. b. Review and recommend to the King County Executive the projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds, including the Adrninistrative Set-aside. c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOME Program Consortium funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. 14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and programs to be undertaken with HOME Program 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, sha11 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 commu.nity development committees. 15. The City shall assist the County in developing the Consortium's HOME Program by participating in development of the Consolidated Plan to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of the City and the County. 16. The City and County shall each assign a staff person to serve as the primary contact for the administration of this Agreement. The assigned contact person is responsible for communicating relevant information to their respective jurisdiction. 17. This Agreement applies to the Corisortium's acceptance of other federal housing-related funds which may be allocated by formula to the Consortium. Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC. HOME Interlocal Agreement 4 of 5 2012-2014 18. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF �� un Exec ive By: Signatu e Jackie MacLean Printed Name ,� Director, Department of Community and Human Services Title � � 1 Printed ame Title 12 �-- lO - �� Date Date Approved OFFICE � Approved as to Form: � G COUNTY CITY OF �?� P y"1�.Q � RNEY CITY ATTORNEY � a �� p�►c,�,� �- Qt�� City Attorney � � � � ���, � . ��/ �, l �± �' �� � : � �� � ��� �C�C�t��--- City Clerk • HOME Interlocal Agreement 5 of 5 2012-2014