AG 08-088 I I RETURN TO:
ANN
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT/HUMAN SERVICES
2. ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 2653 3. DATE REQ.BY: 08
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4. TYPE OF DOCUMENT REQUESTED(CHECK ONE)
❑ PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT(E.G.AGREEMENT&
❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND;ASSIGNMENT OF FUNDS IN LIEU OF BOND)
❑ PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT
O SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ) G
(LESS THAN$200,000) 0 CONTRACT AMENDMENT AG#: a6 •Ag
❑ PURCHASE AGREEMENT) 'l CDBG
(MATERIALS,SUPPLIES,EQUIPMENT) '4 OTHER -JOINT INTERLOCAL AGREEMENT
O REAL ESTATE DOCUMENT
5. PROJECT NAME: JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009
2011
6. NAME OF CONTRACTOR: KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES
ADDRESS: 401 5111 AVENUE,SUITE 500 TELEPHONE_(206)263-9100_
SIGNATURE NAME: JACKIE MACLEAN TITLE DIRECTOR DEPARTMENT OF
COMMUNITY&HUMAN SERVICES
7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
❑ INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
8. TERM: COMMENCEMENT DATE: 01/01/2009 COMPLETION DATE: 12/31/2011
9. TOTAL COMPENSATION S TBD BY ANNUAL 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 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ N/A
IS SALES TAX OWED ❑YES 0 NO IF YES,$ N/A PAID BY:0 CONTRACTOR 0 CIT
❑ PURCHASING: PLEASE CHARGE TO:
10. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED
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❑ RISK MANAGEMENT(IF APPLICABLE)
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have been made to the 2006-2008 Joint Interlocal Agreement. The Interlocal will be considered by the Parks,Recreation,Human Services
andublic Safety Committee on May 13,2008 and is scheduled to go forward to the May 20,2008,City Council meeting for adoption.
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I ' TO:
CITY OF FEDERAL WAY LAW DEPARTMENTT ,� E D
REQ 1 FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
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1. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT/HUMAN SERVICES
2. ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 2653 3. DATE REQ.BY: /08
-7009
4. TYPE OF DOCUMENT REQUESTED(CHECK ONE)
❑ PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT(E.G.AGREEMENT&
❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND;ASSIGNMENT OF FUNDS IN LIEU OF BOND)
O PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT
❑ SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ)
(LESS THAN$200,000) 0 CONTRACT AMENDMENT AG#:
O PURCHASE AGREEMENT) J CDBG
(MATERIALS,SUPPLIES,EQUIPMENT) J OTHER -JOINT INTERLOCAL AGREEMENT
O REAL ESTATE DOCUMENT
5. PROJECT NAME: JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009
2011
6. NAME OF CONTRACTOR: KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES
ADDRESS: 401 5Th AVENUE,SUITE 500 TELEPHONE_(206)263-9100_
SIGNATURE NAME: JACKIE MACLEAN TITLE DIRECTOR DEPARTMENT OF
COMMUNITY&HUMAN SERVICES
7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE
8. TERM: COMMENCEMENT DATE: 01/01/2009 COMPLETION DATE: 12/31/2011
9. TOTAL COMPENSATION$ TBD BY ANNUAL 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 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ N/A
IS SALES TAX OWED ❑YES 0 NO IF YES,$ N/A PAID BY:0 CONTRACTOR 0 CIT
D PURCHASING: PLEASE CHARGE TO:
10. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED
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have been made to the 2006-2008 Joint Interlocal Agreement. The Interlocal will be considered by the Parks,Recreation,Human Services
and Public Safety Committee on May 13,2008 and is scheduled to go forward to the May 20,2008,City Council meeting for adoption.
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16152 • •
JOINT INTERLOCAL AGREEMENT
REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into by and between King County(hereinafter the"County") and
the City of Federal Way , (hereinafter the"City")
said parties to this Agreement each being a unit of general local government in the State of
Washington.
WITNESSETH:
WHEREAS, the federal government, through adoption and administration of the Housing and
Community Development Act of 1974 (the"Act"), as amended, will make available to King
County Community Development Block Grant funds, hereinafter referred to as "CDBG", for
expenditure during the 2009-2011 funding years; and
WHEREAS, the area encompassed by unincorporated King County and all participating cities,
has been designated by the United States Department of Housing and Urban Development
("HUD"), as an urban county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual
appropriation of CDBG funds based on formula, taking into consideration the social and
economic characteristics of the urban county; and
WHEREAS, the Act allows participation of units of general government within an urban county
in undertaking activities that further the goals of the CDBG program within the urban county;
and
WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan
city becomes a part of the urban county for purposes of program planning and implementation for
the entire period of the urban county qualification, and for the CDBG program, will be treated by
HUD as any other unit of general local government that is a part of the urban county; and
WHEREAS, a metropolitan city or an urban county may be part of a consortium; and
WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a
consortium that includes other participating jurisdictions ("Consortium")to implement the terms
of this Interlocal Agreement; and
WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and
community development plan ("Consolidated Plan") by participating jurisdictions; and
WHEREAS, the County shall undertake CDBG/HOME Program-funded activities in partici-
pating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those
jurisdictions and to other qualifying entities to carry out such activities; and
CDBG/HOME Joint Interlocal Agreement 1 of 14 2009-2011
16152 • •
WHEREAS, the County is responsible to the federal government for all activities undertaken
with CDBG funds and shall ensure that all CDBG assurances and certifications King County is
required to submit to HUD with the Annual Action Plan are met; and
WHEREAS, the County and the participating jurisdictions agree that it is mutually desirable and
beneficial to enter into a consortium arrangement pursuant to and authorized by the National
Affordable Housing Act of 1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for
purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME
Program", and to cooperate in undertaking HOME Program activities; and
WHEREAS, the County and the City are committed to targeting CDBG and HOME Program
funds to ensure benefit for very low to moderate-income persons as defined by HUD; and
WHEREAS, the County and the City recognize that needs of very low to moderate-income
persons may cross jurisdictional boundaries and therefore can be considered regional and sub-
regional needs as well as local needs; and
WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an
Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and
WHEREAS, the purpose of this Joint Interlocal Agreement, entered into pursuant to and in
accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the
distribution and administration of CDBG, HOME Program, and other federal funds received on
behalf of the Consortium from HUD, and for execution of activities in accordance with and
under authority of the Act:
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES
AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS
AGREED THAT:
I. GENERAL AGREEMENT
The County and City agree to cooperate to undertake, or assist in undertaking, activities
which further the development of viable urban communities, including the provision of
decent housing and a suitable living environment and expanding economic opportunities,
principally for persons of low-and-moderate income, through community renewal and
lower income housing assistance activities, funded from annual CDBG and HOME
Program funds from federal Fiscal Years 2009, 2010 and 2011 appropriations, from
recaptured funds and from any program income generated from the expenditure of such
funds.
H. DEFINITIONS
A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as
described in Section V of this Agreement.
CDBG/HOME Joint Interlocal Agreement 2 of 14 2009-2011
16152 • •
B. "Entitlement amount" means the amount of funds that a metropolitan city is
entitled to receive under the Entitlement Grant Program as determined by formula
set forth in Section 106 of the Act.
C. "Program income"means gross income received by the City directly generated
from the use of City CDBG funds which includes income from the Housing
Repair Program projects within the City and a pro rata share of net income
generated from float loan activity. Pro rata calculations will use the amount in II
(B).
D. "Recaptured funds" means a fund balance that remains at the close of a project
activity, cancellation of an awarded project or a repayment of funds that is
required due to determination of ineligible activity by HUD, change of use from
original grant award or sale of property.
E. "New stand-alone capital project"means a project that requires the establishment
of a new HUD IDIS activity number as opposed to an existing project where
supplemental funding is being added.
F. "Stand-alone public service project"means a project that has not been funded by
the sub-regional process utilized by those non-entitlement consortium cities
signing the King County Consortium Interlocal Cooperation Agreement for the
Community Development Block Grant Program in the applicable program year.
A City's stand-alone public service project may include more than one
subcontract as long as only one HUD IDIS activity number is required and the
City submits all information, reports and invoices to the County as one project.
G. "Joint Agreement Cities"means CDBG entitlement cities that choose to
participate in the King County CDBG Consortium for administration of CDBG
funds as a party to this agreement.
III. GENERAL DISTRIBUTION OF FUNDS
A. The County will retain an amount equal to 10% of the City's CDBG entitlement
plus program income each year for administration and fund management. The
remaining 10% of the City's CDBG entitlement plus program income available
for planning and administration will be allocated by the City and may be used to
plan and administer the City's CDBG projects in accordance with this agreement.
B. The County will retain an amount equal to 2% of the City's CDBG entitlement
plus program income each year for eligible project management related costs for
the implementation of projects funded by the City.
C. Five percent of the funds available from the City's CDBG entitlement plus
program income shall be retained for the Housing Stability Program, a public
service activity in support of homeless prevention and in support of the affordable
housing requirements under the implementation of the State Growth Management
CDBG/HOME Joint Interlocal Agreement 3 of 14 2009-2011
16152 • .
•
Act (RCW Chapter 36.70A). The remaining 10% from the City's entitlement plus
program income available for public services will be allocated by the City in
accordance with this agreement.
D. Twenty-five percent of the funds available from the City's CDBG entitlement plus
program income shall be retained for the Consortium-wide Housing Repair
program. The JRC may periodically review and recommend increases or
decreases to this percentage if, in its judgment, there has been a substantial change
in the Consortium's overall funding or in the need for housing repair that justifies
an increase or decrease. The remaining capital funds will be allocated by the City
in accordance with this agreement.
E. The balance of the City's entitlement plus program income, along with any
recaptured funds from city-funded projects, may be allocated to projects selected
by the City, provided they are consistent with the provisions of Section IV below.
IV. USE OF FUNDS: GENERAL PROVISIONS
A. Funds shall be used to support the goals and objectives of the King County
Consortium Consolidated Plan.
B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part
570, HOME Program regulations at 24 CFR Part 92, and all other applicable
federal regulations.
C. The City agrees to a maximum of two new stand-alone capital projects per year
with a maximum of one project that may trigger Davis Bacon annually. Capital
funds not used for these projects may be allocated to sub-regional projects by the
City unless returned by City to the sub-regional fund.
D. Public Service funds. The City agrees to a maximum of four stand-alone public
service projects per year. Funds contributed to a sub-regional public service
project would not count as part of the four stand-alone projects in this Agreement.
E. No project funding minimum is established in this agreement. Project minimums
that may be established by the JRC for the Consortium sub-regional funding shall
not be binding on the Joint Agreement cities.
V. JOINT RECOMMENDATIONS COMMITTEE
An inter jurisdictional Joint Recommendations Committee ("JRC") shall be established
through the 2009-2011 Consortium Interlocal Cooperation Agreement and is hereby
adopted as part of this agreement.
A. Composition—The JRC is composed of three county representatives and eight
cities representatives.
CDBG/HOME Joint Interlocal Agreement 4 of 14 2009-2011
16152 • •
1. The three county representatives shall be King County Executive staff with
broad policy responsibilities and/or department directors. County
representatives shall be specified in writing and, where possible, shall be
consistently the same persons from meeting to meeting.
2. Four of the cities representatives shall be from those non-entitlement
consortium cities signing the King County Consortium Interlocal
Cooperation Agreement Regarding the Community Development Block
Grant Program, two from each subregion.
3. The remaining four cities representatives shall be from cities that qualify
to receive CDBG or entitlement funds directly from HUD that are signing
either a Joint Agreement or HOME Program 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.
4. Two of the eight cities representatives shall be rotated among the CDBG
Joint Agreement Cities. The two representatives will vote on issues
affecting Joint Agreement Cities that are specific to this agreement.
5. For the two Joint Agreement City rotating positions, the Joint Agreement
Cities will notify the County by the end of the second week in February of
each year, who the two Joint Agreement City representatives will be for
that year. .
6. 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.
B. The King County Executive shall appoint the three county representatives. The
participating cities of the King County Consortium Interlocal Cooperation
Agreement shall provide for the appointment of their shared representatives in a
manner to be determined by those cities through the Suburban Cities Association
or other agreed-upon mechanism for the execution of shared appointing authority.
The Suburban Cities Association or other agreed mechanism will select four
jurisdictions of varying size from among those signing this agreement, two from
the north/east sub-region and two from the south sub-region. The cities
representatives shall be elected officials, chief administrative officers, or persons
who report directly to the chief administrative officer and who have broad policy
responsibilities; e.g.,planning directors, department directors, etc. Members of
the JRC shall serve for two years, or at the pleasure of their respective appointing
authorities.
C. Powers and Duties—The JRC shall be empowered to:
CDBG/HOME Joint Interlocal Agreement 5 of 14 2009-2011
16152 • •
1. Review and recommend to the King County Executive all policy matters
concerning the Consortium CDBG and HOME Programs, including but
not limited to the Consolidated Plan and related plans and policies.
2. Review and recommend to the King County Executive the projects and
programs to be undertaken with CDBG funds and HOME Program funds,
including the Administrative Set-aside.
3. Monitor and ensure that all geographic areas and participating jurisdictions
benefit fairly from CDBG and HOME Program funded activities over the
three-year agreement period, so far as is feasible and within the goals and
objectives of the Consolidated Plan.
D. Advisory Committees to JRC—In fulfilling its duty to review and recommend
projects and programs to be undertaken with CDBG and 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.
VI. RESPONSIBILITIES AND POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in this Agreement, the County as
the applicant and grantee for CDBG and HOME Program funds has responsibility
for and assumes all obligations in the execution of the CDBG and HOME
Programs, including final responsibility for selecting and executing activities,
ensuring compliance with federal requirements and submitting to HUD the
Consolidated Plan, Annual Action Plan, and related plans. Nothing contained in
this Agreement shall be construed as an abdication of those responsibilities and
obligations.
The County will bear responsibility for:
1. the HUD-related portions of program planning
2. preparing and submitting the Annual Action Plan and application to HUD
3. preparing and submitting amendments to the Annual Action Plan
4. setting up the projects in the HUD IDIS system
CDBG/HOME Joint Interlocal Agreement 6 of 14 2009-2011
16152 • •
5. preparing and submitting all other HUD-required planning documents
(Consolidated Plan and any amendments; the Analysis of Impediments to
Fair Housing Choice and the Fair Housing Action Plan; the Homeless
Continuum of Care Plan and the Homeless Management Information
System; the Lead Paint Hazard Reduction Plan; etc.)
B. The Metropolitan King County Council shall have authority and responsibility for
all policy matters, including the Consolidated Plan, upon review and recom-
mendation by the JRC.
C. The Metropolitan King County Council shall have authority and responsibility for
all fund allocation matters, including approval of the annual CDBG and HOME
Program Administrative Set-asides and appropriation of all CDBG and HOME
Program funds.
D. The King County Executive, as administrator of the CDBG and HOME Program,
shall have authority and responsibility for all administrative requirements for
which the County is responsible to the federal government.
E. The King County Executive shall have authority and responsibility for all fund
control and disbursements.
F. The King County Executive shall have the authority and responsibility to staff the
JRC and provide liaison between HUD and the Urban County Consortium.
County Executive staff shall prepare and present to the JRC evaluation reports or
recommendations concerning specific proposals or policies, and any other
material deemed necessary by the JRC to help it fulfill its powers and duties.
G. King County Executive staff shall have the authority and responsibility to
communicate and consult with the Joint Agreement City on CDBG and HOME
Program policy and program matters in a timely manner.
H. King County Executive staff shall provide periodic reports on clients served by
jurisdictions in the Housing Stability and Housing Repair programs and on the
status of CDBG and HOME Program funded projects and make them available to
all participating jurisdictions and the JRC.
I. King County Executive staff shall administer contracts and provide technical
assistance, both in the development of viable CDBG and HOME Program
proposals and in complying with CDBG and HOME Program contractual
requirements.
J. King County Executive staff shall have environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act,
under which King County may require the local incorporated jurisdiction or
contractor to furnish data, information, and assistance for King County's review
CDBG/HOME Joint Interlocal Agreement 7 of 14 2009-2011
16152 . • •
and assessment of whether preparation of an environmental impact statement is
required. Additional environmental review costs may be charged directly to
individual project activity and will be addressed in the proposed project
application.
K. King County Executive staff shall implement City funded capital projects, except
City administered projects as noted below.
VII. RESPONSIBILITIES OF THE CITY
A. The City shall cooperate in the development of the Consolidated Plan and related
plans.
B. The City shall assign a staff person to be the primary contact for the County on
CDBG/HOME Program issues. The assigned CDBG/HOME Program contact
person is responsible for communicating relevant information to others at the city.
C. The City will bear all responsibility for local annual program planning, using
financial projections that will be provided by the County.
The City will ensure:
1. that all selected projects(1) are an eligible activity, (2)meet a national
objective, and(3) are consistent with the Consolidated Plan and all
applicable JRC policies,
2. that the public participation requirements are met and documented and
will provide certification of such to the County,
3. that all requested information by the County will be submitted in a timely
manner that allows the County enough time to meet HUD timelines, and
4. changes to the local program that require the County to amend budget
amounts and/or submit an amendment to the Annual Action Plan after it
has been submitted to HUD will only be accepted November through June.
Budget amendments received by the 5th day of the month will be effective
on the 1st day of the next month.
D. The Joint Agreement city and/or their funded agencies owning community
facilities or other real property acquired or improved in whole or in part with
CDBG funds shall comply with use restrictions as required by HUD and as
required by any relevant policies adopted by the JRC.
1. During the period of the use restriction, the City shall notify County prior
to any modification or change in the use of real property acquired or
improved in whole or in part with CDBG funds. This includes any
CDBG/HOME Joint Interlocal Agreement 8 of 14 2009-2011
16152 • •
modification or change in use from that planned at the time of the
acquisition or improvement, including disposition.
2. During the period of the use restriction, if the City property acquired or
improved with CDBG funds is sold or transferred for a use which does not
qualify under the applicable regulations, the City shall reimburse the
County in an amount equal to the current fair market value (less any
portion thereof attributable to expenditures of funds other than CDBG
funds).
3. The City will ensure County receipt of all required security documents
related to funded capital project activities (this includes non-profit
agencies which have been awarded funds)prior to the execution of a
contract between the awarded agency and the County in order to
incorporate said documents into the contractual agreement.
E. City staff shall implement CDBG-funded projects within the program year and
submit both vouchers and required reports to the County in a complete and timely
manner. Prior to the first and last payment on capital projects exclusive of
Housing Repair, acquisition and Community Based Development Organization
projects, pre-approval must be received from County staff that federal labor
requirements have been met.
F. City legislative bodies shall approve or disapprove via motion or resolution all
CDBG activities, locations, and allocations submitted by Joint Agreement City
staff.
G. The City will be responsible for subcontracting with third parties for services
provided by a Community Based Development Organization for employee
development services; and for public service and city managed projects, except for
labor standards and relocation where responsibility will be shared with the County
(see below). If federal requirements have an unforeseen budget implication (for
example, if the City has not foreseen the need for relocation) the City will be
responsible for the increased budget.
H. The City shall fulfill to the County's reasonable satisfaction all relevant
requirements of federal laws and regulations that apply to King County as
applicant, including assurances and certifications described below.
The City certifies that it has adopted and is enforcing:
1. a policy that prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
CDBG/HOME Joint Interlocal Agreement 9 of 14 2009-2011
16152
III •
2. a policy that enforces applicable state and local laws against physically
barring entrance to or exit from a facility or location which is the subject
of non-violent civil rights demonstrations within jurisdiction.
J. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements
applicable to subrecipients when they receive CDBG funds to implement an
activity. The applicable requirements include, but are not limited to, a written
agreement with the County that complies with 24 CFR 570.503 and includes
provisions pertaining to: statement of work; records and reports; program
income; uniform administrative items; other program requirements; conditions for
religious organizations; suspension and termination; and reversion of assets.
K. The City understands that it may not apply for CDBG grant entitlement funds
from HUD for the period of participation in this Agreement.
L. The City in its participation in the CDBG urban county consortium through this
Interlocal Agreement understands that it is also part of the Urban County for the
HOME Program and that it may not participate in a HOME consortium except
through the Urban County, regardless of whether the Urban County receives a
HOME formula allocation.
M. When undertaking activities and/or projects with CDBG funds distributed under
this Agreement, the City shall retain full civil and criminal liability as though
these funds were locally generated.
N. The City retains responsibility in fulfilling the requirements of the State
Environmental Policy Act under which County shall have review responsibility
only.
VIII. SHARED RESPONSIBILITY
A. Federal Labor Standards:
1. The County will determine appropriate wage rates for inclusion in the
construction bids and contracts, and hold preconstruction conferences with
contractors, which City staff will also be required to attend.
2. The County will be responsible for reviewing and approving weekly
certified contractor payrolls (wage rates, benefits, proper apprentice-
journey ratios, etc.). The County will complete a review of initial payrolls
submitted to County staff within 10 working business days of receipt from
the contractor or the City before payment will be made by the contracting
agency.
CDBG/HOME Joint Interlocal Agreement 10 of 14 2009-2011
16152 • •
3. The County will enforce contractor compliance with federal labor
standards if the City waits to pay first and last construction draws until
after the County approves the certified payrolls. If the City pays before the
County approves, the City will be responsible for any compliance
problems.
4. The County will be responsible for submitting information for the semi-
annual contractor/subcontractor report and the Section 3 report to HUD.
5. The County will provide technical assistance to identify Davis-Bacon
issues during the application process.
6. The County will handle non-compliance issues provided the above
requirements are met.
B. Uniform Relocation Act/Barney Frank:
1. The City is responsible for identifying proposed projects that may trigger
relocation and replacement housing requirements, and for budgeting
sufficient funds in the project up front to address these issues.
2. The County will provide advice and technical assistance if consulted ahead
of time and will handle any necessary relocation processes.
3. The City and/or funded agency will be responsible for any unforeseen
relocation costs. Any unresolved relocation cost will be charged against
the City's grant amount after due diligence is completed in collecting
payment of funds from the funded agency.
C. Financial/Fund Management:
The County will be responsible for contracting with HUD for the grant funds;
recording and tracking loan repayments and other program income; determining
funds available under the caps; setting up and drawing down from IDIS; paying
vouchers submitted by the city; doing budget revisions upon amendment;
reconciling balances, program income, and funds available for carry over or
reallocation at year's end; tracking overall expenditure rate; financial reporting to
HUD, etc.
D. Reporting:
1. The City will report accomplishments to the County on each of their
public service and stand alone projects.
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2. The County will prepare all reports to HUD: CAPER; semi-annual reports
on contracting/subcontracting, Section 3, and labor standards; quarterly
Federal Cash Transaction Reports.
3. The County will report quarterly on capital project status and on housing
repair activity. The Housing Stability Program report will continue to be
submitted annually with updates provided on the geographic location of
clients served.
E. Monitoring:
1. The City will annually monitor the agencies with which it subcontracts to
ensure compliance with all federal, state and county requirements
associated with CDBG funding with an on-site monitoring visit not less
than every two years.
2. The County will monitor the City(and may monitor selected
subcontracting agencies). County will be monitored by HUD, the State
Auditor, and by the HUD Inspector General.
3. County staff will meet with City staff quarterly to monitor, provide
technical assistance, and discuss capital project status.
F. The City will provide the County all information necessary from its application
process for contracting and implementation purposes for all other stand-alone
capital projects
G. City staff may participate in other Consortium-wide planning activities envisioned
in the Consolidated Plan such as Interjurisdictional Advisory Group meetings
regarding the HOME Program, and monitoring the Housing Stability Program,
THOR funding, and other sub-regional processes.
VIII. GENERAL TERMS
A. This Agreement shall extend through the 2009, 2010 and 2011 program years, and
shall remain in effect until the CDBG funds, HOME Program funds and program
income received with respect to activities carried out during the three-year
qualification period are expended and the funded activities completed. This
Agreement shall be automatically renewed for participation in successive three-
year qualification periods, unless the County or the City provides written notice
that it wishes to amend this agreement or elects not to participate in the new
qualification period by the date set forth by HUD in subsequent Urban County
Qualification Notices. The County, as the official applicant, shall have the
authority and responsibility to ensure that any property acquired or assisted with
CDBG funds is disposed of or used in accordance with federal regulations.
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411
B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no
included unit of general local government may terminate or withdraw from the
cooperation agreement while it remains in effect.
C. It is understood that by signing this Agreement,the City shall accept and agree to
comply with the policies and implementation of the King County Consortium
Consolidated Plan.
D. Parties to this Agreement must take all required actions necessary to assure
compliance with King County's certification required by Section 104(b) of Title I
of the Housing and Community Development Act of 1974, as amended, including
Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act),the
Fair Housing Act as amended, Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended,the Americans with
Disabilities Act of 1990, and other applicable laws.
E. City agrees to affirmatively further fair housing and will ensure that no CDBG or
HOME Program funds shall be expended for activities that do not affirmatively
further fair housing within its jurisdiction or 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 VI(A) of this
Agreement, upon request,the City shall provide assistance to the County in
preparing such reports.
F. Parties to this Agreement agree to negotiate in good faith any issues that may arise
that are not specifically addressed by this Agreement.
G. 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.
H. It is recognized that amendment to the provisions of this Agreement may be
appropriate, and such amendment shall take place when the parties to this
Agreement have executed a written amendment to this Agreement. The City and
the County also agree to adopt any amendments to the Agreement incorporating
changes necessary to meet the requirements for cooperation agreements set forth
in an Urban County Qualification Notice applicable for a subsequent three-year
qualification period, and to submit such amendment to the HUD. Failure to adopt
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16152 •
such required amendment shall void the automatic renewal of the Agreement for
the subsequent qualification period.
I. 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 FE RAL WAY, WASHINGTON
(1144„__ 6) Al
for King CountyExecutive By: Signature
Jackie MacLean Cary M. Roe, P.E.
Printed Name Printed Name
Director, Department of Community and
Human Services Assistant City Manager/COO
Title Title
c3 1/2, )
Date Date
Approved as to Form: Approved as to Form:
OFFICE OF THE KING COUNTY CITY OF FEDERAL WAY
PRO C, TING ATTORNEY CITY ATTORNEY
/
City Attorney
ATTEST:
CITY OF FEDERAL WAY
(IPA kAtddAt
City Clerk
CDBG/HOME Joint Interlocal Agreement 14 of 14 2009-2011