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AG 14-168 w King County Community Services Division Housing and Community Development Department of Community and Human Services 401 Fifth Avenue, Suite 510 Seattle,WA 98104 206-263-9105 FAX: 206-296-0229 TTY Relay: 711 CERTIFIED MAIL May 22,2017 The Honorable Jim Ferrell, Mayor City of Federal Way 33325 g1h Ave S. Federal Way,WA 98003 Dear Mayor Ferrell: I am writing to you regarding the continued participation by the City of Federal Way in the King County HOME Investment Partnerships (HOME) Program Consortium and the Regional Affordable Housing Program(RAHP)Consortium.The Interlocal Cooperation Agreements (ICA) for the HOME Consortium covers 2015-2017. This letter is to notify you that these ICAs will be automatically renewed for the years 2018-2020 unless you notify King County and the United States Department of Housing and Urban Development (HUD) that the City of Federal Way has decided to not participate in one or both of them during the 2018-2020 term. King County Code,Title 24, Chapter 13 (KCC 24.13) sets out the framework for King County to enter into consortia relationships through interlocal cooperation agreements to partner in the distribution and administration of funds made available through the United States Department of Housing and Urban Development(HUD)and affordable housing funds established by Section 36.22.178 of the Revised Code of Washington(RCW). Pursuant to KCC 24.13, it is the policy of King County to partner and form urban county consortia with the cities and towns in hirzg County outside of the City of Seattlet for the HUD-administered CDBG and HOME programs. King County also partners with all cities and towns in King County for Regional Affordable Housing Program(RAHP)document recording surcharge fee funds for t As a targe metropolitan city,Seattle receives an independent allocation of CDBG,ESG and HOME Program funds directly from HUD. Jim Ferrell,Mayor May 22, 2017 Page 2 affordable housing, governed by RCW 36.22.178, which requires the County to enter into Interlocal agreements. The King County Housing and Community Development Program administers the HOME and RAHP Consortia funds on behalf of the participating city members, and staffs the inter- jurisdictional Joint Recommendations Committee(JRC)of the consortia. THE JRC reviews and recommends policy matters and project selections concerning consortia funds to the King County Executive. Benef-its of Continued Participation in Lhe King Couniv 1-10MC ConSOF6 tn7 • Your city, and affordable housing developers serving your city, may apply for HOME funds to help meet locally identified affordable housing needs including affordable rental housing and first-time homeownership programs. Your city, and affordable housing developers serving your city, may apply for HOME funds to support the rehabilitation and preservation of affordable housing in your jurisdiction. Your city can participate in the city/county staff work group that develops recommendations for the inter jurisdictional Joint Recommendations Committee on specific projects to receive HOME funds as well as program guidelines. Next Steps If your City decides to not participate in the King County HOME Consortium for the 2018- 2020 term you must notify the County and HUD in writing no later than June 12,2017. A decision to be excluded would be effective for the entire three-year period (January 1, 2018- December 31,2020). If King County and HUD do not receive notice of your decision to be excluded by the June 12 deadline,the city will continue to participate in the Consortium. The existing ICAs include automatic renewal provisions and no further action is needed at this time. If your city decides to not participate in the King County HOME Consortium, please send written notification to: King County Housing and Community Development Program ATTN, Mark Ellerbrook Program Manager 401 Fifth Avenue, Suite 510 Seattle,WA 98104 and Jim Ferrell,Mayor May 22, 2017 Page 3 John W. Peters, Director U.S. Department of Housing and Urban Development Office of Community Planning and Development 909 First Avenue, Suite 300 Seattle,WA 98104-1000 We look forward to your continued participation in the King County HOME Consortia and thank you for your attention to this matter. Sincerely, Mark Ellerbrook Program Manager cc: Adrienne Quinn, Director,Department of Community and Human Services John W. Peters, Director, Office of Community Planning and Development, U.S. Department of Housing and Urban Development Jeff Watson, HOME Representative, City of Federal Way Kathy Tremper,Community Development Coordinator,Housing and Community Development Program Valerie Kendall, Affordable Housing Planner, Housing and Community Development Program RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT./DIV: Cam' DIC S 2. ORIGINATING STAFF PERSON: EXT: Z-J(O 5 I 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 DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): 'IFiTERLOCAL • OTHER / 5. PROJECT NAME: t-toAl 1 lyCVA44, 6. NAME OF CONTRACTO] ADDRESS: !4�0 E -MAIL: SIGNATURE NAME: FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ 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: �?�I COMPLETION DATE: (Z/ 3 (12-o I 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CffARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • LAW DEPARTMENT • CHIEF OF STAFF Cl SIGNATORY (MAYOR OR DIRECTOR) � ITYCLERK ,ASSIGNED AG# va SIGNED COPY RETURNED COMMENTS: 11/9 INITIAL / DATE SIGNED O Jjy uv DATE SENT: k19 King County Community Services Division Department of Community and Human Services 401 5th Avenue, Suite 510 Seattle, WA 98104 206.263.9062 FAX: 206.296.0156 TTY RELAY: 711 Jeff Watson Community Services Manager City of Federal Way 33325 -8th Avenue S Federal Way, WA 98003 King County Consortium Member, RECEIVED BY COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT. OCT 16 2014 October 10, 2014 Enclosed please find you fully executed Interlocal Agreement(s) regarding the Community Development Block Grant Program 2015 -2017, the HOME Investment Partnerships Program 2015 -2017, and the Regional Affordable Housing Program2015 -2017. The specific agreements included with your packet are checked off below. ❑ Interlocal Agreement Regarding the Community Development Block Grant Program 2015 -2017 ❑ Joint Interlocal Agreement Regarding the Community Development Block Grant Program 2015 - / 2017 Lv1 2015 -2017 HOME Investment Partnerships Program Interlocal Cooperation Agreement ❑ 2015 -2017 Interlocal Cooperation Agreement Regarding Regional Affordable Housing Program Thank you very much for your participation. Please contact me by email at valerie.kendall @king.county.gov or by phone at 206 - 263 -9076 if you have any questions. Sincerely, Valerie Kendall Affordable Housing Planner CC: Mark Ellerbrook, Regional Housing and Community Development Manager, Department of Community and Human Services Kathy Tremper, Community Development Coordinator, Community Services Division 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, grantee and lead entity for the HOME Program funds has responsibility for and assumes all obligations in executing the HOME Program, including the ability to adopt amendments to this Agreement for the purpose of adding new members on behalf of the HOME Consortium and for the purpose of incorporating changes necessary to meet U.S. Department of Housing and Urban Development (HUD) requirements for consortium agreements under the applicable HUD notice of procedures for designation of a consortium as a participating jurisdiction for HOME; 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. 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. HOME Interlocal Agreement 1 of 5 2015-2017 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 2015, 2016 and 2017 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 qualification periods of three federal fiscal years each. No later than the date specified by HUD's consortia designation notice or HOME Consortia web page, King County shall notify each HOME consortium member in writing of its right to elect not to participate in the Consortium for the next qualification period, and King County will send copies of those written notices to the HUD local field office by the date specified in the qualification notice. Unless the County or the City provides written notice it wishes to amend the Agreement, or elects not to participate in the new qualification period in writing to both King County and the HUD local field office by the date set forth in the HUD qualification notice applicable to subsequent three -year qualification periods, this Agreement shall automatically renew. Before the beginning of each new qualification period, King County shall submit to HUD a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment, and if the Consortium's membership has changed, the state certification required under 24 CFR, Section 92. 101 (a)(2)(i). This automatic renewal provision will be void if King County fails to submit a copy of each amendment to this Agreement as required under this automatic renewal provision. 6. The City and the County agree to adopt any amendments to this Agreement other than the incorporation of changes necessary to meet the requirements for cooperation agreements set forth in the applicable HUD HOME consortia qualification notice for a subsequent three -year qualification period which King County as the lead entity shall act upon pursuant to Section 3 of this Agreement. King County shall submit any other amendments that have been adopted by the City and County to the HUD local field office by the applicable deadline. 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 HOME lnterlocai Agreement 2 of 5 2015-2017 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 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 2015 — 2017 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 Consortium Regular Interlocal Cooperation Agreement Regarding the Community Development Block Grant (CDBG) Program, two from each sub - region, as appointed by Sound Cities Association. The remaining four cities' representatives shall be from cities that qualify to receive CDBG funds directly from HUD, but are signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement with King County; or receive their own CDBG grant directly from HUD and signing a HOME Program -only Agreement with King County. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Regular Interlocal Cooperation Agreement Regarding the CDBG Program. Two of the eight cities' representatives shall be rotated among the HOME Program -only Agreement Cities, and two of the eight cities' representatives shall be rotated among the cities signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement. Those four 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 HOME Interlocal Agreement 3 of 5 2015-2017 execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub - region and two from the south sub - region. The cities' representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. 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 lnterloeal Agre;,me::t 4 of 5 20115— 2017 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 CI FEDERAL WAY for King County xecutive rign6ure Adrienne Quinn Printed Name Director, Department of Community and Human Services. Title Jim Ferrell Printed Name Mayor Title Date D a e Approved Is to Form: KING COUNTY ATTORNEY HOME Interlocal Agreement Approved as to Form: CITY OF FEDERAL WAY CI ATTORNEY Amy Jo P all City Attorn y ATTEST: CITY OF FEDERAL WAY - Ga=�g M Carol McNeilly City Clerk 5of5 2015 -2017