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AG 12-059RETURN TO: '�', EXT: � � � O CITY OF FE�ERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DN: HUmt.aN SERVICEs 2. ORIGINATING STAFF PERSON: .►nY BE1v1vET'r EXT: 2650 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 o MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. sorm xEL,aTEn nocvr�NTS� D ORDINANCE O RESOLUTION ❑ CONTRACT AMENDMENT (AG#): X INTERLOCAL o OTHER __ S. PROJECT NAME: REGIONAL AFFORDABLE HOUSING PROGRAM - INTERLOCAL COOPERATION AGREEMENT 6. NAME OF CONTRACTOR: KnvG CoU1vTY 2�� . 9 ADDRESS: �° 1 Sf'�' f}v�¢�uu� "sk' S �' S er.btt� w tq q$ lo y TELEPHONE LO b' E-MAIL: ac.k.�� .� �.J �� a J FAX: ya t. Z4t - 57G�o SIGNATU NAME JACKIE MACLEAN TITLE_DIRECTOR, HOUSING/COMMUNITY SERVICES 7. EXHIBITS AND ATTACHMENTS: X SCOPE, 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: JaNUaRY 1, 2012 COMPLETION DATE: DECEIKBER 31, 2014 TOTAL COMPENSATION $ N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY� N(�� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER I�L � A' INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ DIRECTOR ❑ RISK MANAGEMENT (iF a,PpLiC,aBLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: Q / 12. CONTRACT SIGNATURE ROUTING � SENT TO VENDOR/CONTRACTOR DATE SENT: OCTOSER 10, 2011 DATE REC'D: MAY 10, 2012 X ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED � LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR� CITY GLERK ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: � I� .rYl aG# ��q DATE ENT: . ■ � • IZ --�.-- lI/9 REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COOPERATION AGREEMENT An Agreement for the use of SHB 2060 Local Low Income Housing Funds in King County THIS AGREEMENT is entered into between King County, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as the "county", and the City of Federal Way, Washington, 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, the King County Countywide Planning Policies, hereinafter referred to as the "CPPs", developed pursuant to the Washington State Growth Management Act, have established standards for cities to plan for their share of regional growth and affordable housing; and WHEREAS, to implement the CPPs, the King County Growth Management Planning Council appointed a public-private Housing Finance Task Force in 1994, hereinafter refened to as the "HFTF," to recommend potential fund sources for affordable housing for existing low income residents and for meeting the affordable housing targets for future growth; and WHEREAS the HFTF recommended a document recording fee as a source of regional �, dollars for low-income housing development and support, and recommended that representatives of the county, cities and the housing community work together to make decisions about the use and administration of such a fund; and WHEREAS RCW 36.22.178 provides, in pertinent part, that: ...[A] surcharge of ten dollars per instrument shall be charged by the county auditor for each real property document recorded, which will be in addition to any other charge authorized by law. The county may retain up to five percent of these funds collected solely for the collection, administration and local distribution of the funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the state treasurer ... *** All of the remaining funds generated by this surcharge will be reta.ined by the county and deposited into a fund that must be used by the county and its cities and towns for eligible housing projects or units within housing projects that are affordable to very low-income households at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated pursuant to eligible housing projects or units within such housing projects that serve extremely low and very low income households in the county and cities within the county, according to RAHP Interlocal Agreement 1 of 19 2012-2014 an interlocal agreement between the county and the cities within the county, consistent with countywide and local housing needs and policies ... [and in accordance with the eligible activities listed in the RCW 36.22.178]. and WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between the county and cities in the King County Community Development Block Grant Consortium, hereinafter referred to as the "CDBG Consortium Agreements," and/or existing Interlocal Cooperation Agreements between the county and cities in the King County HOME Investment Partnerships Program Consortium, hereinafter referred to as the "HOME Consortium Agreements," are not modified by this Regional Affordable Housing Program Agreement; and WHEREAS, the city and county agree that affordable housing is a regional issue, that cooperation between the cities and the county is beneficial to the region, and that a regional approach to utilizing the RCW 36.22.178 funds will allow those funds to be used in the most productive manner; and WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement in order to administer the RCW 36.22.178 revenue as a regional fund, as authorized by the Intergovernmental Cooperation Act, RCW 39.34, and, as required by RCW 36.22.178 ; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND iN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. Definitions and Interpretation. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. "Joint Recommendations Committee" or "JRC" means the interjurisdictional body developed pursuant to and the CDBG and HOME Consortia Agreements as described in Section III of this Agreement. "Interjurisdictional Advisory Committee" or "Advisory Committee" means the work group consisting of representa.tives from cities eligible to participate in the Regional Affordable Housing Program, and from the county. This group is advisory to the JRC. "RAHP/2060 Planning Group" means the planning group consisting of representatives from the cities, from the county, and from housing and human services agencies serving King County, that will convene during the year the Regional Affordable Housing Program Guidelines expire to review the program and the guidelines and to recommend any changes or updates to the guidelines to the JRC. II. General Agreement RAHP Interlocal Agreement 2 of 19 2012-2014 The purpose of this Agreement is to establish the Regional Affordable Housing Program ("RAHP"), to be administered by the county in cooperation with cities and towns within the county that are eligible to participate in the program. The local portion of RCW 36.22.178 revenue shall be administered as a regional fund by the King County Housing and Community Development Program in a manner that is consistent with countywide and local housing needs and policies. The city and the county agree to cooperate in undertaking RAHP activities as set forth herein. III. Administration, Distribution and Use of the RAHP. A. Joint Recommendations Committee An interjurisdictional Joint Recommendations Committee (JRC) has been established through the CDBG and HOME Consortia lnterlocal Cooperation Agreements and is hereby adopted as part of this Agreement. Changes to the JRC that occur in the CDBG and HOME Consortia lnterlocal Agreements are incorporated by reference into this Agreement. 1. Composition of the JRC. For RAHP purposes, the JRC shall be composed of cities' representatives and county representatives as specified in the CDBG and HOME Consortia Agreements, with the addition of an appointment from the City of Seattle. The Seattle JRC representative will only attend JRC meetings that concern the RAHP funds and will be entitled to vote solely on RAHP issues and not on other King County Consortium matters coming before the JRC. The Seattle representative shall be an elected official, department director or comparable level staff. 2. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and adopt annual RAHP fund allocations. b. Review and adopt RAHP allocation policies. c. Review and adopt any subsequent updates to the RAHP Administrative Guidelines, as needed (the most recent version of the RAHP Administrative Guidelines are attached to this Agreement as Eachibit 1 for illustrative purposes). A jurisdiction that is party to this Agreement may dispute a JRC decision concerning the RAHP Guidelines by informing the JRC Chair of the dispute, and the JRC Chair will schedule time on the JRC agenda to discuss and resolve the disputed issue. In carrying out its duties, the JRC shall make decisions that are consistent with the RCW 36.22.178, the Consolidated Housing and Community Development Plan of the King County Consortium and the City of Seattle, the Ten Year Plan to End Homelessness in King County and other local housing plans, as applicable. RAHP Interlocal Agreement 3 of 19 2012-2014 3. Interjurisdictional Advisory Committee to the JRC. In fulfilling its duties under this Agreement, the JRC shall consider the adviee of an Advisory Committee, made up of representatives from those jurisdictions eligible to participate in the RAHP that choose to send representation. The Advisory Committee will meet at least once per year with county staffto recommend projects for RAHP funding to the JRC and may monitor the distribution of RAHP funds to the sub-regions and make recommendations to the JRC concerning actions to achieve geographic equity. If the Advisory Committee considers issues other than the RAHP, the staff from the City of Seattle shall only participate for the purpose of making RAHP recommendations. B. Administration of RAHP Pro�rams. The King County Housing and Community Development Program (HCD) staff shall distribute RAHP funds pursuant to the allocations adopted annually by the JRC, and shall administer the program pursuant to the terms of this Agreement and the RAHP Administrative Guidelines. County HCD staff shall provide the JRC and the Advisory Committee with an annual report that provides information about the capital housing projects that were awazded RAHP funds in that year, as well as the status of capital housing projects that were awarded RAHP funds in a prior year(s). County HCD staff shall invite the representatives of cities that are a party to this Agreement to be involved in any work groups convened to update the RAHP Operations and Maintenance (O&M) Fund policies, and to be on the review panel that will recommend O&M funding awards to the JRC. C. Administrative Costs. The county agrees to pay the costs of administering the RAHP out of the five percent (5%) of the funds collected by the county for expenses related to collection, administration and local distribution of the funds, pursuant to RCW 36.22.178. No portion of the sixty percent (60%) of the RCW 36.22.178 revenue retained by the county in a fund for the RAHP sha11 be utilized for RAHP administration: D. Interest on the RAHP Fund. Interest accrued on the sixty percent (60%) of the RCW 36.22.178 revenue retained by the county in a fund for the RAHP shall remain with the R.AHP fund and will be distributed to projects according to the subregional allocation target formula found in the RAHP Administrative Guidelines. E. Sub-Regional Geog_raphic Equitv. The parties intend that the RAHP funds shall be awarded to projects throughout the county in a fair and equitable manner over the duration of this Agreement. Equity is to be achieved through sub-regional allocation targets, as follows: A fixed percentage of RAHP local funds will be allocated to each sub-region of the county identified in the RAHP Administrative Guidelines by the expiration of this Agreement. The percentage goals for each sub-region set by the formula in the RAHP Administrative Guidelines shall by updated by the JRC when new data is available. RAHP Interlocal Agreement 4 of 19 2012-2014 F. General Use of Funds. The local portion of the RCW 36.22.178 revenue shall be utilized to meet regional housing priorities for households at or below fifty percent (50%) of area median income, as established in the RAHP Administrative Guidelines. G. Compliance with Fair Housing Laws. Parties to this Agreement must take actions necessary to ensure compliance with the Federal Fair Housing Act, as amended, the Americans with Disabilities Act of 1990, and other applicable state and local fair housing laws. IV. Effective Date This Agreement shall be effective on January 1, 2012. V. Agreement Duration A. This Agreement shall extend for a three-year period, through the 2012, 2013 and 2014 calendar years, and shall remain in effect until the RAHP funds allocated in this three- year period, including any recaptured funds received with respect to activities funded during this three-year period, are expended, and the funded activities completed. B. Renewal. In the final year of the three-year Agreement period, the county will initiate a review of the Agreement no later than March 1 S �, through an invita.tion to all eligible cities in the county, to determine whether a majority of cities favor automatic renewal without amendment for a successive three-year period, or whether there are potential amendments. This Agreement shall be automatically renewed for participation in a successive three-year Agreement period, unless the city offi�ial empowered to sign the Agreement provides written notice to the county that it elects not to participate in a new three-year Agreement period, or that it wishes to amend the Agreement, by the da.te set forth by the County in a letter to the city following the review process. VI. General Matters and Recording A. No separate legal or administrative entity is created by this Agreement. It is not anticipated that the JRC, the Advisory Committee, nor the RAHP/2060 Planning Group will acquire or to hold any real or personal properiy pursuant to this Agreement. Any personal property utilized in the normal course of the work of such bodies shall remain the property of the person, entity or city initially offering such personal property for the use of any such body. B. The county may terminate this Agreement if at least forty percent (40%) of the jurisdictions in the county representing seventy-five percent (75%) of the population of the county have not signed this Agreement by February 1, 2012, and by February 1 st of the first year of successive three-year periods. C. The parties to this agreement agree to convene the King County RAHP Consortium as rapidly as possible after a proclamation of a state of emergency by RAHP Intedceal Agreement 5 of 19 2012-2014 the King County Executive or when the King County Emergency Coordination Center activates Emergency Services Function 6(ESF-6), which provides for mass care, emergency assistance, housing and human services. The RAHP Consortium will be convened through a meeting of the Joint Recommendations Committee (JRC) and any representatives of Consortium Cities that desire to attend. The meeting will be convened after the county has been able to gather adequate information regarding housing displacement and potential interim housing needs as a result of the emergency. The purpose of the JRC meeting will be to review the Post-Disaster Interim Housing Annex to the King County Comprehensive Emergency Management Plan, and other available information regarding the emergency, and to begin the process to acquire all federal, state, private or other disaster funding assistance for housing and related needs available to the Consortium. The JRC will also begin the process to determine if the Consortium can commit any RAHP Consortium funds or other Consortium funds (CDBG, Disaster CDBG, HOME or other federal funds that may be available to the King County Consortium through the U.S. Department of Housing and Urban Development) for disaster interim housing efforts. RAHP Interlocal Agreement 6 of 19 2012-2014 D. Recording - Pursuant to RCW 39.34.040, this Agreement shall be filed with King County Records. KING GOUNTY, WASHINGTON , CITY OF �rI�Q `�,a m� � For King Co Executive By: Signature Jackie MacLean, Director Printed Name Department of Community and Human Services Date l.� � � � �� � orm: ; KING COUNTY �1TTORNEY Michael Sinsky, Kin`g Prosecuting Attorney Senior Deputy Printed Name S IC 3�] ��" �� Title �f��� V Date �p� �fl � �l Approved as t Form: CITY OF ��� � CITY ATTO EY �� City A ey ATTEST: CITY OF (�� _ (�„�Q� � �_� .�! l� .� , 1 1 .� RAHP Interlocal Agreement 7 of 19 2012-2014 EXHIBIT 1 King County Regional Affordable Housing Program Administrative Guidelines I. Introduction The provisions of Substitute House Bill (SHB) 2060 became effective in Washington Sta.te on June 13, 2002. SHB 2060 created a document recording fee on certain documents to be utilized for low income housing. Administration of the fund is shared between local governments and the Sta.te. The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement between the county and the cities and towns within King County. The work of the Housing Finance Task Force (HFTF), appointed by the King County Growth Management Planning Council in 1994, led to the passage of SHB 2060. In recognition of the recommendations made by the HFTF, a Regional Affordable Housing Program , (RAHP)/2060 Planning Group convenes to plan for the use of King County SHB 2060 funds. The King County RAHP/2060 Planning Group is made up of city representatives, county representatives, and representatives from a variety of private housing and services organizations in King County. ' City representatives have included staff from the cities of Burien, Tukwila, Kent, Federal Way, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, Bellevue and ARCH Housing and services organization representatives included staff from the following: Seattle-King Counry Housing Development Consortium, Impact Capital, South King County Multi-Service Center, Hopelink, Fremont Public Association, Seattle Habitat for Humanity, South King County Habitat for Humanity, Friends of Youth, the Salvation Army, Community Psychiatric Clinic, Lifelong Aids Alliance, St. Andrews Housing Group, Housing Resource Group, EDVP, YWCA, Mental Health Housing Foundation, Rental Housing Association, Highline-West Mental Health, Valley Cities Counseling, Seattle Emergency Housing Service, Common Ground, and Vietnam Veterans. Leadership Program, Compass Center, Catholic Community Services, the King County Housing Authority, Seattle Mental Health, and the Committee to End Homelessness RAHP Interlocal Agreement 8 of 19 2012-2014 The King County RAHP/2060 Planning Group has designed a regional low income housing fund source, to be administered by the King County Housing and Community Development Program (HCD) in the Department of Community and Human Services. II. Duration of the Guidelines The RAHP Guidelines shall take effect on January 1, 2007, and shall remain in effect until updated through the interjurisdictional Joint Recommendations Committee (JRC). III. Review and Update of the Guidelines Beginning in 2010, the Guidelines may be updated through the JRC pursuant to the RAHP Interlocal Cooperation Agreement, hereinafter "RAHP Agreement", as needed. The RAHP/2060 Planning Group will be convened to recommend any proposed changes to the Guidelines for presentation to the JRC for adoption. IV. Decision-Making Structure and Re�ional Allocation Method A. Approvin�y — Joint Recommendations Committee. The JRC, as defined in the RAHP Agreement, shall be the body that reviews and updates the RAHP Guidelines beginning in 2010, and reviews and adopts annual RAHP funding allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP Agreement, to include representation from the City of Seattle on RAHP matters. Allocations and related policies adopted by the JRC must be consistent with these RAHP Guidelines, the Consolida.ted Plans of the King County Consortium and the City of Seattle, other local housing plans, as applicable, and the Ten Year Plan to End Homelessness in King County. 1. Appeal Process for JRC Decisions a. Cities — Adoption of Guidelines RAHP Interlocal Ageement 9 of 19 2012-2014 Pursuant to the RAHP Interlocal Agreement, a participating jurisdiction may appeal a JRC decision concerning the update of RAHP Guidelines. The jurisdiction must inform the Chair of the JRC, and the JRC chair will schedule time on the JRC agenda to discuss the appeal issue. b. Applicants — Annua.l Fund Allocations Applicants for RAHP funds may appeal a JRC allocation decision if they have grounds based on substantial violation of a fair allocation process, such as bias, discrimination, conflict of interest, or failure to follow the RAHP Guidelines. Appeals by applicants will receive initial review for adequate grounds by the Director of the King County DCHS. If adequate grounds for an appeal are found, the DCHS director will put the appeal on the JRC agenda for review. B. Annual Fund Allocation Recommendations An interjurisdictional advisory committee to the JRC, made up representatives from participating jurisdictions in the RAHP Consortium, will work with the King County Housing Finance Program (HFP) staff of King County HCD to make RAHP allocation recommendations and related program policy recommendations to the JRC. While the advisory committee may make recommendations concerning several fund sources for affordable housing in the King County Consortium, the City of Seattle staff will participate on the committee solely far the purpose of making RAHP recommendations. The review process for RAHP allocations will proceed as follows: • King County HCD staff will review all RAHP applications and make preliminary funding recommendations. • Cities' staffwill review applications for projects in their jurisdiction and make preliminary recommendations on those applications. RAHP Interlocal Agreement 10 of 19 2012-2014 • Cities' staff will receive information on all RAHP applications to review prior to the advisory committee meeting at which final funding recommendations are formulated for transmittal to the JRC. • Advisory committee participants will meet together at least annually to decide upon RAHP funding recommendations to the JRC, and may meet at other times during the year, as necessary, to discuss RAHP issues and make recommendations to the JRC. C. Subregional Allocation Tar� T'he RAHP Fund will be a flexible fund that can address regional and subregional housing needs. The fund will use subregional allocation targets as a means to achieve geographic equity in the distribution of SHB 2060 funds by the end of each Interlocal Cooperation Agreement period. Subregional Areas: a. City of Seattle Subregion b. North/East Subregion — north and east urban and rural areas, including 34 percent of unincorporated King Count� c. South Subregion — south urban and rural areas, including 66 percent of unincorporated King County 2. Formula for Subre�ional Allocation Tar e�ts Each subregion will have a targeted percentage of the RAHP funds, including the interest on the RAHP funds, allocated to projects within the subregion over the period of time that the RAHP Guidelines are in effect. Each subregion will receive allocations to Z Percent of unincorporated King County attributed to the North/East and South Subregions is based on the 2000 census data for households in the unincorporated portions of the King County Community Planning Areas, as listed in the 2002 Annual Growth Report. RAHP Intedocal Agreement i i of 19 2012-2014 projects within the subregion that are equal to or greater than 95 percent, of the subregions' allocation target by the end of each Interlocal Cooperation Agreement period. The formula for allocating RAHP funds to the subregions is as follows: • One half of the RAHP funds shall be targeted for allocation among the three subregions based on each subregion's relative share of total existing need for affordable housing. Existing need shall be determined by the percentage of low- income households paying more than 30 percent of their income for housing in the subregion, according to the 2000 U.S. Census data. • One half of the RAHP funds shall be targeted for allocation amongst the three subregions based on the subregions' growth targets for future need, as established through the Growth Management Planning Council. Future need shall be determined by the subregions' relative share of total future need for affordable housing in the County. A subregion's relative share of future need is the percenta.ge of the subregion's affordable housing target for low-income households relative to the cumulative affordable housing target for low-income households of all jurisdictions.in the county, including unincorporated King County Based upon the RAHP formula, the sub-regional allocation targets are as follows: City of Seattle: 37.9 percent South: 32.7 percent North/East: 29.4 percent 3 The percentage of a subregion's target relative to the cumulative target is derived by averaging the target percentages of the jurisdictions within that subregion. For each jurisdiction, the target percentage is calculated in the following manner: the number of households that a jurisdiction must anticipate, per the 2002-2022 Countywide Planning Policy (CPP) Growth Target, is multiplied by .24 or .20 (depending on the ratio of low wage jobs to low cost housing for the jurisdiction in Appendix 3 of the CPPs); that number is divided by the cummulative affordable housing target for low income households of all King County jurisdictions, including unincorporated King County. RAHP Interlocal Agreement 12 of 19 2012-2014 3. Interjurisdictional Advisory Committee to Monitor Subregional Allocation Ta�r ets The advisory committee will monitor the subregional distribution of RAHP funds every year, determining if any subregion(s) received allocations below 95 percent of the subregion's allocation target. If any subregion received allocations under 95 percent of the target allocation after several funding cycles, the HCD staff will work with the advisory committee to adjust the allocation targets of such subregion(s) in the subsequent funding cycles, as needed. In addition, the advisory committee may propose strategies and actions, for review by the JRC, that are designed to increase the percentage of R.AHP funds spent in those subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will assist in implementing actions that will aid in achieving geographic equity in RAHP allocations by the end of each Interlocal Cooperation Agreement period. V. Use of the RAHP Funds in Kin� County A. RAHP Priorities 1. Top Priority: Capital funds for the acquisition, rehabilitation and/or new construction of units of eligible housing types. New construction is not eligible if the low- income housing vacancy rate for all of King County exceeds 10 percent 2. Second Priority: Operations & Maintenance ("O&M") fund program for existing homeless housing This program provides O&M funding for existing transitional ° The low income housing vacancy rate for each county will be established by the state, pursuant to the SHB 20601egislation. RAHP Interlocal Agreement 13 of 19 2012-2014 housing and transition in place� units. The housing units must be eligible for the Washington State Housing Trust Fund, and must show that they require RAHP O&M funds in order to cover ongoing building operating expenses. 3. Third Priority: • O& M funds for existing emergency shelters and licensed overnight youth shelters. 4. Last priority: • Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program. B. RAHP Eli ibg ility 1. Eligible Housing Types a. Capital Funds • Permanent rental housing units • Transition in place and transitional housing units; units that are not time-limited are encouraged. • Emergency shelter and licensed overnight youth shelter • Ownership housing b. O&M Funds: • Existing transitional and transition in place housing units 5 The O&M fund for the guidelines is set at approximately 22 percent of $3,222,000 (the average of the RAHP collections in 2004 and 2005), which is $700,000 per year for the four year period of the guidelines. 6 Existing housing is defined as housing that exists as of the date of an application for RAHP funds. � Transition in place units are permanent rental units where supportive services are provided for a period of time, as needed by a househo(d. Households do not need to move when the supportive services are phased out. RAHP Interlocal Agreement 14 of 19 2012-2014 Existing emergency shelters and licensed overnight youth shelters 2. Eligible Populations Served by Housing Units All units funded with RAHP funds must serve households at or below 50 percent of area median income. Projects that include units for households at or below 30 percent of area median income are encouraged. • Homeless households including youth. • Households at risk of homelessness. • Disabled households or households with a disabled member. • Families. • Special needs populations, including seniors. 3. Eligible Applicants • Nonprofit organizations • Housing Authorities • Local governments • For-profit entities are only eligible for capital funds in the top priority. This is due to the language of the SHB 2060 legislation, which restricts building operations and maintenance funds to projects "eligible for the Washington State Housing Trust Fund." For-profit entities are not eligible for the Washington State Housing Trust Fund. $ RAHP funds are limited to 50 percent of the development cost of any project; consequently, if a shelter project cannot secure adequate funding for the entire cost of development, the RAI�P cannot prioritize the project. 9 Homeless households include: households that lack a fixed, regular and adequate residence; households that reside in a publicly or privately operated shelter designed to provide temporary living accommodations; househotds that reside in time-limited housing; and households that currently reside in an institution and will be exiting the institution without a fixed, regular and adequate residence. to Households at risk of homelessness include: households paying 50 percent or more of their income for rent, households that have a history of homelessness and are currently unstable, households living in overcrowded or substandard housing, households RAHP Interlocal Agreement 15 of 19 2012-2014 4. Eligible use of RAHP Funds by Priority a. Capital funds: • Acquisition of land for eligible housing. • New construction of eligible housing. • Acquisition of building(s) for eligible housing. • Rehabilitation of units of eligible housing or to create new units of eligible housing. • Capitalization of a replacement reserve in connection with a capital investment for new or existing eligible housing units. � Capitalization of O&M rent buy-down reserves for new eligible housing units to serve households below 50 percent of AMI that are primarily homeless l , or at risk of homelessness Capitalized O&M reserves may only be used to write down rents to very affordable rent levels, below 30 percent of AMI and below 50 percent of AMI (i.e. between 30 percent and 50 percent of ANII,) for units that do not have debt service. Capitalized O&M reserves must be used for expenses directly related to running the building and may not be used for services to the tenants or to cover debt service This eligible use may not exceed 20 percent of the RAHP capital funds in any funding cycle. that are substantially behind on their monthly housing payment or have a pending eviction, households with a disability whose housing is at risk due to aging relatives or other factors. " See Note 6. 12 See Note 7. 13 Other requirements for capitalized O&M reserves include: 1) projects will not be eligible for these funds unless they have either applied first to CTED for O&M and been denied, or have not received Housing Trust Fund capital dollars and are, therefore, not eligible for O&M from CTED; 2) funds will be awarded only in appropriate amounts as neede,d pursuant to review RAHP Interlocal Agreement 16 of 19 2012-2014 b. O&M Funds: • Existing transition in place or transitional housing units are eligible for O&M for ongoing building operations and maintenance expenses that cannot be covered by the rental income of the project, and may not include the cost of services to tenants or debt service. • Existing emergency shelters and licensed, overnight youth shelters ' � are eligible for O&M for general operating expenses, including services. c. Vouchers: • Rental assistance vouchers must be administered by a local housing authority in conformity with the Section 8 program. VI. RAHP Administration The R.AHP funds shall be administered as a regional fund by the King County HCD Program. A. RAHP Capital Funds RAHP capital funds, including capitalized O&M reserves for new projects and maintenance reserves, will be administered by HFP in conjunction with other fund sources administered by HFP. by the Housing Finance Progrun, and will be subject to negotiated modifications; and 3) capitalized reserves will be committed for a maximum of �ive years' rent buy-down subsidy. RAHP Interlocal Agreement 17 of 19 2012-2014 The HFP will staff the interjurisdictional advisory committee and will work with the committee to develop RAHP funding allocation recommendations and related policy recommendations for JRC review and adoption. The HFP will distribute RAHP funds through contracts pursuant to the allocations adopted by the JRC, and will generate an annual RAHP report that provides information about the projects that received funding in the current year, as well as the status of projects awarded RAHP funds in prior year(s). The terms of the King County Housing Opportunity Fund (HOF) will apply to RAHP contracts, with the exception of the following: • To the extent that there are differences between the HOF guidelines and RAHP guidelines, the RAHP guidelines will apply. A financial match by the local government where a housing project is to be located is not required, but is encouraged. RAHP funds will have no m�imum subsidy per unit, but the development portion of the award (not including O&M rent buy-down reserves) will be limited to 50 percent of the total development cost of a project. B. RAHP O e ratin and Maintenance Funds The RAHP O&M funds will be administered through the King County HCD Program's Homeless Housing Programs (HHP) Section. The priority for RAHP O&M funds is exi�ting projects that have been unsuccessful in receiving State 2060 O&M funds or ESAP funds. HHP will work with the Committee to End Homelessness to ensure that the uses of RAHP O&M funds are consistent with the priorities of the Ten Year Plan to End Homelessness. RAHP Interlocal Agreement 18 of 19 2012-2014 HHP will invite city staff and other stakeholders to participate in updating the RFP parameters for O&M funds, if and when updates are necessary, and will invite the same to participate on the panel to review applications for the RAHP O&M funds. The review panel will recommend O&M fund awards to the JRC for final adoption. RAHP Interlocal Agreement 19 of 19 2012-2014 GITY OP � federal Way MINUTES. fEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall . �ctober 4, 2011 � 7:00 p.m. , www.cityoffede►•alway.com � 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Elected Officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Paric, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attomey Fat ftichardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCf Boy Scout Troop 336 led #he Pledge of Allegiance. 3. PRESENTATIONS . a. Volunteer Recoqnition• Shoppina Cart Recoverv Proaram Mayor Priest stated this month's volunteer recognition is a group of volunteers who impact the quality of life or our cornmunity. We do not typically see. stray shopping carts around Federal W ay and that is a result of the Cart Recovery Team Frank Gabreluk, Dan Goede, Mari Ikeda-Gomes, Lottie Kinney and John McLaren. Police Commander Chris Norman provided some information about the Cart Recovery Program which has been in effect since September 2010. Since inception, the program volunteers have contributed 975 hours of service. Over the las# 12 months the team has. r�trieved and returned 3,456 useable carts to local retailers. b. Certificates of Aqpointment: Youth Cornmission Councilmember Burbidge presented Certificates of Appointment to Youth Commissioners appointed to the Commission by the Council at their September 20, 2011 meeting. City Council Minutes — October 4, 2011 Regular Meeting Page 1 of 7 c. Mavor's Emerqinq Issues • Recvcle Palooza / Environmental Fair Recycling Project Manager Jeannette Brizendine reported the City is collaborating with Waste Management to sponsor an Environmental Fair atthe Federal Way Community Center on Saturday, October 22. 2011 from 9:00 am to 1:00 pm. The fair will have information on a variety of topics including recycling, composting, green gardening, energy conservation, water conservation and other topics. This event will also be the culmination of the Recycle Palooza contest where residents. recycling efforts are compared head to head with other residents and will have their recycling carts judged. Waste Managementhas provided overiwentyprizes; inGuding � a$1,000.00 grand prize, $200.00 garbage credits and gift cards. .� • Sand Sculpture Chamqionship Trophv Comrr►unity and Economic Development Director Patrick Doherty showcased the World Tour of Champions Sand Sculpting Trophy. Rudi Alcott, one of the event organizers was not able to be in attendance tonight so he asked Mr. Doherlyto display the trophy on his behalf. • He�lthcare for Emplovees Mayor Priest reported on the ongoing efforts to control rising heaith care costs and the current budget deficit. Yesterday non-union/represented employees were informed. that the City would be switching that group's health care coverage from AWC to Group Health, effec#ive January 1, 2012. This c#�ange irr providers will save the City an estimated $700,000.00 each year if applied across all 298 employees. The. new coverage will provide cost saving� to employees and equal of better cover�age. Mayor Priest stated he is optimistic that union/represented employees will agree to change health insurance carriers. 4. CITIZEN COMMENT Donald Barovic complimented staff for�ddressing a sink hole on his property in a quick and effective manner. He shared his concems about the coyote problem on his property and noted coyotes h�ve killed some of his livestock. Carol Greqa thanked the Council for. supporting the Aria Dance Company overthe years and for #he arts in general and highlighted sorne of the Aria Dance Company showcase events. Laura Moser of Waste Manaqement spoke about the Mayor's Day of Concem food col�ection. This marked the fourth year Waste Man�gement partnered with the City on the Mayor's Day of Concem. This year Waste Management staff don�ted 75 staff hours and collected over 6,000 pounds o# food. Ms. Moser announced Waste Management would like to donate an additional $50U.00 to the Mayor's Day of Concem. Mia FranKlin, representative from Working Washington. She spoke aboutlocal hiring for the Crystal Palace project. She would like to see contractual language in the purchase and sale agreement that ensures local hiring. Amelia Vassar, representative from Working Washington. She spoke in supportof local hiring with the Crystal Palace project. City Council Minutes — October 4, 2011 Regular Meeting Page 2 of 7 Caleb Dawson member of Advancing Leadership Youth (ALY) thanked the Council for supporting the ALY program. Denise Yun cangratulated the Mayor as well as Greg Alimain, Federal Way Mirror reporterfor the Mirror's recent articles. Ms. Yun stated she supports changing the City employee health care plan. Norma Blanchard submitted written comments for the Clerk to read regarding term limits and the timeframe allotted to colfect signatures for initiatives and referendums. She also encouraged people to request public records through the City. Carroll Fisher submitted written comments for the Clerk to read regarding bringing awareness to human trafficking in the Puget Sound area and a forum held by the SoroptimisYs on September 29, 2011. 5. CONSENT AGENDA ltems listed below hsve been prevlously reviewed in fheir enfirety by a Counci! Committee of fhree members and brought before fu!! Council for approval. All items are enacted by one motion. Individusl items may be ►emoved by a Councilmember for separafe discussion and subsequent motion. a. Minutes: September 20, 2011 Special and Regwlar Meeting b. Vouchers c. Monthiy Fi�ancial Report - August d. IT Proposal for Large Format Printer/Scanner MOTION: Deputy Mayor Duclos moved approval of items 5a through 5d. Councilmember Kochmar second. � � V07E: � Deputy Mayor Duc�os: Yes Councilmember FerrelL• Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmemberfreeman: Yes Motion carried 7-0. 6. COUNCIL BUSINESS. a. Review Federal Wav Human Services Needs and Themes. Administrative Services Director Bryant Enge. stated the City's CDBG consultants, John Epler and Linda Rinaldi conducted focus groups to identify the concems and strengths of the fiuman services community, and develop initiatives to address the needs brought forth by these groups. This effort is intended to facilitate the deve{opment of the City's Consolidated Plan and craft strategies that will guide the City's human services decisions over the next five years. Mr. Epler reviewed the following over-reaching goals: • Create opportunities for a diverse employee base to live and work in Federal Way by increasing the connectivity of affordable housing and transportation linkages with employment centers. • Expand programs and activities which enhance the opportunity for low and moderate income persons to become more self-sufficient and to increase income to "livable income" levels. • Consider the potential for stimulating jobs and economic development in the City Council Minutes — October 4, 2011 Regular Meeting Page 3 of 7 programming of all housing, public services, neighborhood improvements and public facilities activities. • Seek to provide safety net services for those populations with significant barriers until they are able to reach the goal of self-sufficiency. MOTION: Councilmember Burbidge move to approve the staff recommended needs and themes for developing long:term Human Services strategies. Councilmember povey second. VOTE: Depury Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochma�: Yes Councilmember Parlc: Yes Councilmember Burbidge: Yes , Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. b. 2012 CDBG Communifi� Economic Revitalization Fundina Recommendations Administrative Services Director Bryant Enge stated the City is anticipating receiving $723,000 of CDBG funding for its Community Economic Revitalization funding (CERF) project. The primary foeus of this funding is job cre�tion, economic development and community revitalization. However, the City also considered applications for activities such as business attraction and retention; education, training and technical assistance programs that create new jobs; and community revit�lization. The Ciry advertised for applications from non-profit and public agencies for projects that benefit low and moderate income residents. Mr. Enge reviewed the six propos�ls tfiat were received and stated none of the projects are recommended at this time for C�ERF funding, however, staff is recommending that CERF funding be allocated for the following categories: • Economic Development $300,000. • Micro�nterprise Technical Assistance $100,000.. • Housing Rep�ir $150,000. • Un-eommitted $173,000.. These categories are based on the community's highest needs, and activities will be developed within these categories as part of the Consolidated Plan Process. This approach was confirmed by the Ciry's CDBG Consultant and is sufficient to complete te submission of HUD required documents by November 15, 2011. Councilmember povey inquired about the scoring criteria and if staff would re-advertise for applications. Mr. Enge stated that staff would be re-evaluating the proposals that were already reeeived. Councilmember povey asked if the housing repair allocations could be used to maintain foreclosed homes. The City's CDBG consultants, John Epler stated the funds could not be used for that type of maintenance. MOTION: Councilmember Burbidge moved to approve staff recommendation of allocating 2012 Community Economic Revitalization Funding. Councilmember Ferrell second. VOTE: City Council Minutes — October 4, 2011 Regular Meeting Page 4 of 7 Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilrnember povey: Yes ` Counciimember'Freeman: Yes Motion carried 7-0. c. Re4ional Affordable Housina Proqram (RAHP) tnterlocal Cooperation AQreement Administrative Services Director Bryant Enge provided information on this item, which was presented, to the Finance, Economic Developmen� and Regional Affairs Committee on September 27, 2011. The Committee reviewed this itern and forwarded it to the City Council without a recommendation. Mr. Enge provided background information on the Regional Affordable Housing Program (RAHP), whichprovides funding for critical housing and sheltering needs through the State. The program is funded through a$10.00 transaction fee that i� added to all home purchases and loan refinancing. funds are shared between the S#ate (40%) and Cities (60%) and are administrated by the Joint Recommendations Committee (JRC). Any agency in Federal Way can receive funds when the City Participates in RAHP. Staff recommendation is to enter into the Regional Affordable Hou�ing Program Interlocal Cooperation Agreement, as it will provide the City and community based agencies that serve Federal Way with potential fund sources for affordabie housing for low income residents. MOTION: Councilmember Park moved approval of the interlocal agree�ent between the City of federal Way and King Coun .ty effective January 1, 2012 through Decernber 31, 3014, and authorizing the Mayor to sign said agreement. Deputy Mayor Duc�los second. VOTE: Deputy Mayor Duclos: Yes Councilmernber Ferrell: Yes Councilrr�ember!Kochmar: Yes Councilmemb�r Park: Yes � Councilmember Burbidge: Yes Councilmernber `Dovey: Yes Councilmember Freeman: Yes Motion carried 7-0. 7. ORDINANCES. Second Read�i�ag: a. CB #5�84 Creat�nq FWRC 6 40 025 of the Federal Wa� Revised Code Rega�ina Identitv The�t An ordinance of t�e City of Federal Way, Washington, relating to identity fhe(t; creating a new section 6.4U.025 of the Federal Way Revised Gode. At their Septernber 20, 2011 meeting, #he Council moved to forwarcl this ordinance ta second reading and enactment. City Clerk McNeilly read the ordinance title into the record. City Council Minc�tes - October 4, Z011 Regular Meecrng �'aSe 5 o.f � MOTION: Councilmember Burbidge moved approval of the ordinance. Councilmember povey second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Counciimember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Counciimember povey: Yes Counciimember Freeman: Yes Motivn carried 7-0. Ordinance 11-703 b. CB #585 Amend Sections of the Federal Wav Revised Code to comalv with Senate Bill 5168 An ordinance of the City o/Federal Way, Washington, relating to the mexlmum penalfy fwa gross misdemeanor,• revising secfions FWRC 6.15.02U and 6.05.070. At their September 20, 2011 meeting, the Council moved to forw�rd this ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the rec�rd. MOTION: Councilmember Burbidge moved approval of the ordinance. Deputy Mayor Duclos second. VOTE: Deputy Mayor Duclos: Yes Councllmember ferrell: Yes Councilmember Kochmar: Yes Councilm�mber Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. Ordinance 11-704 8. COUNCIL REPORTS. Councilmember Ferrell reported the Federal Way Chamber of Cornmerce would be hosting a luncheon tomorrow. King County Councilmember. Pete von Reichbauer ,is hosting an upcoming Good Eggs Breakfast on October 10, 2011. He encour�ged citizens to attend the. upcoming Environmental Fair at the Federal Way Community Center. Councilmember Kochmar acknowledged the Advancing Leadership Youth students thatwere in the audience. She thanked Carroll Fisher for his public comments on human tra�cking and the Soroptomists for their forum on the same topic. She reported on an upcoming Prosperity Partnership Regional Economic Strategy Opportunities workshop and stated October 17, 2011 is next LUTC meeting. Deputy Mayor Duclos thanked the Council for their help at the Advancing Leadership dinner. She reported that the group met its fundraising goal of $10,000.00 to support the program. Councilmember Park reported October 25, 2011 was the next FEDRAC Meeting. Councilmember Burbidge stated that October 11, 2011 is the next PRHSPSC Meeting. She City Council Minutes — October 4, 2011 Regular Meeting Page 6 oj7 reported on upcoming fundraisers for the Reach-Out organization on October 13, 2011 and the Community Care-Giving Network on October 27, 2011. She will be attending a meeting of the Puget Sound Regional Council Transportation Board. Lastly, she reported on upcoming arts and cultural events. Councilmember povey reported on that he recently spent time atthe Federal Way Community Gardens harvesting honey. He also attended the current production of Late Nite Catechism at the Knutzen Family Theatre. The radio committee that he serves on is looking forways to fund a new radio system for the Tri-County Area.. Councilmember Freeman thanked Tim Bums for suggesting the City develop a Veteran's memoriaL He also thanked the local churches for helping with many community needs. He reported that audience members �re having difficulty seeing staff presentations on the screens in the Council Chambers. MAYOR'S REPORT Mayor Priest had no report. EXECUTIVE SESSION The Councit did not adjoum to executive session. ADJOURNMENT Mayor Priest adjoumed the meeting at 8:48 p.m. Carot McNeilly, Approved by CounciL• October 18, 2011 City Council Minutes — October 4, 2011 Regular Meeting a King County C�mmunity Services Division I�ous�ing and Community Development Departmei�i of Community and Human Services 401 5'" Avenue, Suile 510 Seattle, WA 98104 20G-263-'9033 FAX: 206-296-0229 TTY Relay: 7ll I �`� �� ��� �r�yl o �r��" °fF Z �� Z n���D�� , v� Apri120, 2012 � TO: RAHP Consortium City Partners FROM: Cheryl Markham, HCD Program Manager ��-'`'- � RE: Executed and Recorded RAHP Agreement for 2012 — 2014 I am returning to your city the executed Regional Affordable Housing Program Agreement for 2012 — 2Q14. The RAHP Agreement is recorded with the King County Recorder's Office (recording number is 20120417000977).