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AG 99-145 ,,' ... .~""""",~"",.7'>,.~,;.~"".",.,'",",:~~;:;'~"'i'" "." "':' ,"'.... ",,' ~.. ' ~JjATE IN: I DATE OUT: 0: , \ d~, ti!I OF FEDERAL WAY LAW DEPARTMENT \i \V\ ~ \ ~ REQ T FO CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP - I ,:'; / ORIGINATING DEPT.lDlV: 1. COMMUNITY DEVELOPMENT/HuMAN SERVICES KELLl O'DONNELL ORIGINATING STAFF PERSON: 2. EXT: 4153 3. DATE REQ. BY: 6/21/04 TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE/LABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT (LESS mAN $200,000) 0 PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) 0 REAL ESTATE DOCUMENT 4. 0 SECURITY DOCUMENT (E,G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT (E,G" RFB, RFP, RFQ) <" CONTRACT AMENDMENT .",," CDBG 0 OTHER AG#: 99-145 5. PROJECT NAME: AMENDMENT TO KING COUNTY CDBG & HOME CONSORTIUM INTERLOCALS REVISING IRC MEMBERSIIIP NAME OF CONTRACTOR: _KING COUN1ì' HOUSING & COMMUNITY DEVEWPMENT ADDRESS: 821 SECOND AVE. SUITE 500, SEATTLE, W A 98104 SIGNATURE NAME: RON SIMS (STAFF CONTACT: LINDA PETERSON) 6, TELEPHONE 206-296-8661 TITLE KING COUNTY EXECUTIVE ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT 0 INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 7. TERM: COMMENCEMENT DATE: 8, JANUARY I, 2004 COMPLETION DATE:_DURATION OF INTERLOCALS TOTAL COMPENSATION $ 0 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IFCÄLCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATE~) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLi\RAMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ , PAID BY: 0 CONTRACTOR 0 CITY 9. 10. CONTRACT REVIEW -{rPROJECT MANAGER ~IRECTOR ,," 'RI, ' SK MANAGEMENT , LAW , II, CONTRACT SIGNATURE ROUTING /'CIO " , 0 LAW DEPARTMENT 0 CITY MANAGER n ~ uJ ~ 0 CITY CLERK V:~\jJf ).e{'SJGN COpy BACK TO ORGI~ATlNG DEPT. @'f/Ít../d 1 yÁSSIGNEDAG# 99-/l/5'(I.) Ií " 0 PURCHASING: PLEASE CHAÍWE TO: ~ A 7/z-rlv'i Jd i, i' i" I I, !i z::>Y1 0 2IJ.-qv5 ~ 1Tf~ ~ß¡¿ P-AðYh (LL l%g'3DllJŠ [)~ 4ø ~ ~ ' " . L " A G# l19'r'lt{.r~) AMENDMENT NO.1 COMMUNITY DEVELOPMENT BLOCK GRANT JOINT AGREEMENT THIS AMENDMENT to the Community Development Block Grant Joint Agreement dated August 18, 1999 is entered into by and between King County and the City of Federal Way , said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, King County and the City entered into a Community Development Block Grant (CDBG) Joint Agreement (the "Agreement") in 1999 for the purpose of allowing this entitlement City to participate in the King County urban county consortium fonned to receive, distribute and administer CDBG and other federal funds; and WHEREAS, there is mutual recognition of the need to amend this Agreement to increase participating cities' representation on the inter-jurisdictional Joint Recommendations Committee: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Paragraph VIII. A is deleted and replaced with the following new Paragraph VIII. A.: Joint Recommendations Committee Composition. The Committee shall be composed of three (3) County representatives and seven (7) "cities representatives, The three County representatives will be King County Executive staff with broad policy responsibilities, and/or Department Directors, and/or elected representatives of Unincorporated Area Councils. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The seven cities representatives will 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. Three of the seven cities representatives will be from the CDBG "Pass- through" cities and the CDBG "Small" cities, at least one from each group (the third may be from either). Two of the seven cities representatives shall be rotated among the CDBG "Joint Agreement" cities of Federal Way, Shoreline and Renton. Two of the seven cities representatives shall be rotated among the "HOME-only" Cities of Auburn, Bellevue and Kent, and these two representatives will vote only on issues related to the King County HOME Consortium and other regional housing-related funds (excluding CDBG). For all the rotating positions, each city will serve two years on and one year off, except that during the first year (2004) one city in each group will serve a one-year tenn. Cities not serving in a position in a certain year may serve as an alternate. The rotation cycles of the two groups will be coordinated to achieve broad sub-regional representation. (The chart below sets forth the rotation schedule for the four rotating city representatives.) If any city, in accordance with HUD instructions, notifies the County of its intent to change its status at the end of the three-year qualification period, and as a result the number of CDBG "Joint Agreement" or "HOME-only" cities changes, County staff shall initiate a timely process to revisit the cities representation on the JRe. Joint 2004 2005 2006 2007 2008 Agreement Federal Way X X X X Shoreline X X X Renton X X X HOME-only 2004 2005 2006 2007 2008 Kent X X X X Auburn X X X 8ellevue X X X - ' , '~ Paragraph VIII. B. is deleted and replaced with the following new Paragraph VIII. B.: Appointments. The King County Executive shall appoint the County representatives. The CDBG "Pass-through" cities and the CDBG "Small" cities will 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 mechanism for the execution of shared appointing authority- The Suburban Cities Association or other agreed mechanism will work in coordination with the "Joint Agreement" and "HOME-only" cities to achieve broad sub-regional representation. The representatives of the revolving CDBG "Joint Agreement" cities and the representatives of the revolving "HOME-only" cities shall be appointed by their respective jurisdictions. Members of the Committee shall serve at the pleasure of their respective appointing authorities. IN WITNESS THEREOF, the parties have executed this Amendment. By: ~1Cf~ B: King County, Washington, a political Subdivision of the State of Washington Dàvid H.Moseley printed name e rrJ ~Oç- APPROVED AS TO FORM: Nonn Maleng King County Prosecuting Attorney ---D\ (Ãf"ò ~~-p/~ Margaret PahL King County Prosecuting Attorney - De p~ Title: Date: Title: City Manager Date: ~Æ)J() y APPROVED AS TO FORM: ,r¿:<--- ristine Green, CMC ", - ¥ ' AMENDMENT NO.1 HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AMENDMENT to the HOME Investment Partnerships Program lnterlocal Cooperation Agreement dated August 18, 1999 is entered into by and between King County and the City of Federal 'way , said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, King County and the City entered into a HOME Investment Partnerships Program (HOME) interlocal cooperation agreement (the "Agreement") in 1999 for the purpose of fonning a HOME consortium and undertaking HOME Program housing activities; and WHEREAS, there is mutual recognition of the need to amend this Agreement to increase participating cities' representation on the inter-jurisdictional Joint Recommendations Committee: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Paragraph 10 is deleted and replaced with the following new Paragraph 10: Joint Recommendations Committee Composition. The Committee shall be composed of three (3) County representatives and seven (7) cities representatives, The three County representatives will be King County Executive staff with broad policy responsibilities, andlor Department Directors, and/or elected representatives of Unincorporated Area Councils. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The seven cities representatives will 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. Three of the seven cities representatives will be from the CDBG "Pass- through" cities and the CDBG "Small" cities, at least one from each group (the third may be from either). Two of the seven cities representatives shall be rotated among the CDBG "Joint Agreement" cities of Federal Way, Shoreline and Renton. Two of the seven cities representatives shall be rotated among the "HOME-only" Cities of Auburn, Bellevue and Kent, and these two representatives will vote only on issues related to the King County HOME Consortium and other regional housing-related funds (excluding CDBG). For all the rotating positions, each city will serve two years on and one year off, except that during the first year (2004) one city in each group will serve a one-year tenn. Cities not serving in a position in ,. - a certain year may serve as an alternate. The rotation cycles of the two groups will be coordinated to achieve broad sub-regional representation. (The chart below sets forth the rotation schedule for the four rotating city representatives.) If any city, in accordance with HUD instructions, notifies the County of its intent to change its status at the end of the three-year qualification period, and as a result the number of CDBG "Joint Agreement" or "HOME-only" cities changes, County staff shall initiate a timely process to revisit the cities representation on the JRe. Joint 2004 2005 2006 2007 2008 Agreement Federal Way X X X X Shoreline X X X Renton X X X HOME-only 2004 2005 2006 2007 2008 Kent X X X X Auburn X X X Bellevue X X X . . J' Paragraph 11 is deleted and replaced with the following new Paragraph 11: Appointments. The King County Executive shall appoint the County representatives. The CDBG "Pass-through" cities and the CDBG "Small" cities will provide for the appointment of their shared representatives in a manner to be detennined by those cities through the Suburban Cities Association or other agreed mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will work in coordination with the "Joint Agreement" and "HOME-only" cities to achieve broad sub-regional representation. The representatives of the revolving CDBG "Joint Agreement" cities and the representatives of the revolving "HOME-only" cities shall be appointed by their respective jurisdictions. Members of the Committee shall serve at the pleasure of their respective appointing authorities. IN WITNESS THEREOF, the parties have executed this Amendment. King County, Washington, a political Subdivision of the State of Washington BY:~ " ature By: I)¡¡l'¡¿(~ mß~l£8/lJ printed name David H. Moseley printed name Title: j') cJ.«; ~J iJfL5(tJ a.. Date: 3/{/O r- , I Title: City Manager Date: 7j¿")/Dý I APPROVED AS TO FORM: Nonn Maleng King County Prosecuting Attorney ~~X'?J1J ' Margaret P 1, King County ProsecutIng Attorney ~ {}-r"'\,~ APPROVED AS TO FORM: \ ~TIEST: ; /~ ¡ i ~ City Clerk, N. Chri tine Green, CMC Ta: 1.)5' CI OF FEDERAL WAY LAW DEPARTMENT REQUEST FCR CCNTRACT PREPARATICN/CCCUMENT REVIEW/SIGNATURE RCUTING SLIP 1. ORIGINATING OEPT./OIV.: LÏ)S ~ \.\S / CDßc.. 2. ORIGINATING STAFF PERSON: CAf/\1'/.OI\\ r"",~ EXT: 'i15 3 3. DATE REQ. By: j"o-Jt: 18 '(tit 'ì 4. TYPE OF DoCUMENT REQUESTEO ICHECK ONEI: 0 PRDFUBIDNAC SERVICU AGREEMENT 0 MAINTENANCE/UBDR AIIREEMENT 0 PUBCIC WDRKB CDNTRACT 0 SMACC PUBCIC WDRKB CDNTRACT IC~' THAH .'.,aaal 0 SECURITY ODCUMENT IE,'" A""HEHT A _""A'H .aHDI A""HHEHT D. "'HD' OH C'EU D. 'DHDI 0 PURCNABE AIIRUMENT "'An"A~, 'U"UE', E,U"HEHT> 0 CDNTRACTDR SECECTIDN ODCUMENT IL'" "', R", ..QI 0 CDNTRACT AMENDMENT AG#: 0 EABEMENT 0 OTHER 0 REAC EBTATE PURCHABE & SACEB AGREEMENT . I.....t<u<>,",- 4- .)"',"" 1I."'~.s II", CA<, S. PRO.JECT NAME: .r::,¡!>!!o -.>;1 CJß G. ..¡.. IDrI €. Cm..) <:ùR TI u'/Yì 6. NAME OF' CONTRACTOR: ADORESS: PHONE: TYPE OF PERSON OR ENTITY (CHECK ONEI: 0 INDIVIDUAC 0 PARTNERBHIP 0 SDCE PRDPRIETDRBHIP STATE: 0 CDRPDRATIDN TAX 10#/SS#, SIGNATURE NAME: TITLE: 7. SCOPE OF' WORK: ATTACH EXHISIT A . A COMPLETE ANO OETAICEO DESCRIPTION OF THE SERVICES OR SCOPE OF WORK. INCLUOING COM"CETION OATEB FDR EACH PHASE OF WORK ANO LOCATION OF WORK. S. TERM: COMMENCEMENT DATE: \ 1 1 lot:) COMPLETION DATE: 12-.1 ~ 1I'0L I 9. TOTAL COMPENSATION: $ (INCCUOES EXPENSES AND SACES TAX, IF ANYI n. DA'cu~nD aH Hau.OT ~.a. CH"'E . ATTACH 'CHEDU'" a. c...an.. TIT,.. AHa Hau.OT -T..' REIMSURSASCE EXPENSEB: DYES ONe IF YEB, MAXIMUM OOCUR AMOUNT: $ IB SACES TAX OWED? 0 YES oND IF YES, $ PAID BY: 0 CONTRACTOR oCITY 10. SELECTION PROCESS USED (CHECK ONEI: 0 RE..UEST FDR SIDB 0 RE"UEST FDR PRD"DBACB 0 REQUEST FDR QUDTES 0 RE"UEST FDR QUAUFICATIDNB 0 ARCHITECT & ENGINEER ClOT 0 SMACC WDRKB RDBTER 1 1. CONTRACT REVIEW INITIAUOATE ApPROVED 0 DIRECTDR . ,6.W (ACC CDNTRACTBI ~RIB ANAIIEMENT IcaH:,:'.":,TT"::'".~:=T~:~ .;,';,~'::~~~;" PURCHABING PI\1L ill II/OM - -t<->L ~(.b '1\'4\"'1 - ¡J/Á ,LJ Q r -' N I^ l \ I~\C\'\, l1aJ 'Ctfp'w"<:Í --ro ~ '" " 12. CONTRACT SIGNATURE ROUTING . SIGNED CDPY BACK TD DRIGINATING DEPT. . ABBIGNED AG # 9'9 ~ I '-IS 0 PURCHASING: PCEABE CHARGE TD: INITIAUOATE A""ROVED J~i!~~ 7/1'1/97' :J;L . LAW OE"ARTMENT . CITY MANAGER ~y CCERK COMMENTS ~n"<.,,~ ,~ ^ CDe" of" ~ ., '1YU\. ~a. - -- - - '" --+ - ¡' 1-),,("H,,1'\1- . ~~~) ~~~ WH'T<' a".'NAC ,TAn W'TH CDNn.CT CANART' c",,'a aT^" "N" CAW DC'T. oa,a'N.aa. a".'N.T'HO aT^" ,a... I'Cv .,.., qq "115 HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, an urban county pursuant to 24 C~'f(¡Àfn and Subpart 570.3, hereinafter referred to as the nCounty,n and the City of WAY hereinafter referred to as the nCity,n said parties to the Agreement each being a unit of general local govermnent of the State of Washington. RECITALS WHEREAS, a unit of general local govermnent that is included in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by 24 CFR Part 92 and 42 USC § 12746 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: I. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as amended, 42 USC § 12701 et. seq. (the "Actn) and RCW 39.34, the IntergovermnentaI 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 agrees to assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal requirements and the housing objectives ofthe City and the County as adopted in the Consolidated Housing and Community Development Plan (Consolidated H&CD Plan). The City agrees to cooperate fully with the County in the development and preparation of the Consolidated H&CD Plan, and to prepare and provide those elements specifically pertaining to the City, 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded ITom HOME funds awarded for the 2000, 2001, and 2002 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of 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, This agreement will be automatically renewed for participation in successive three-year qualification periods, unless the county or the city provides written notice it elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 5. The city and the county 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 United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period. 6. During the term of this Agreement, neither the County nor the City may withdraw fi:om participation fi:om their respective obligations under this Agreement. 7, By executing the HOME Agreement, the City understands 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, 8. 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 counterparts, accompanied by copies of the authorizing resolutions fi:om the County and the City, shall be filed by the County with the Region Xoffice ofHUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council, the County Auditor, and the City pursuant to RCW 39.34,040. 9. The County and the City both hereby agree to affirmatively further fair housing. 10. Joint Recommendations Committee Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees, and/or citizen representatives of unincorporated communities. County representatives shall be specified in writing and should, where possible, be the same person consistently fi:om meeting to meeting. Five participating city representatives and their alternates will include city planning directors or comparable level staff, or elected officials. Two city representatives and their alternates will be fi:om the north/east region of the County and two city representatives and their alternates will be fi:om the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only Cities of Auburn and Bellevue. The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding Community Development Block Grant). 11. Appointments. The King County Executive shall appoint the County'?epresentatives. The Suburban Cities Association will select eight different jurisdictions, four to serve as members and four as alternates, which in turn, will assign representatives to this Committee. Terms of office shall be for two years, Priority for one ofthe positions will be for a small city representative, The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. 12, The Joint Recommendations Committee will adopt HOME program policies, consistent with the Consolidated H&CD Plan, developed by the City and County staff working group. The Joint Recommendations Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Once the policies are adopted, the City, as a representative member of the Consortium, shall also have the right to comment on any program changes prior to their implementation by the County, 13. The chairperson and vice-chairperson of the Joint Recommendations Committee shall be chosen fi:om among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting ofthe calendar year. Attendance of five members will constitute a quorum. 14. The City shall participate jointly with the County in the development of the Consortium's HOME Program by participating in development of a HOME Program strategy sufficient to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of both the City and the County. 15. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance activities that are the subject ofthis Agreement. The City and the County shall cooperate in the establishment of budgets for separate HOME activities. The County intends to enter into contractual agreements with any city, nonprofit organization, or other entity that it selects to implement HOME activities, The County's administrative costs will be paid from the HOME grant, after review and approval by the Joint Recommendations Committee. 16. 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 City and County staff working group and adopted by the Joint Recommendations Committee. This Agreement is legally binding and valid upon signature of all parties, CITY OF FEDFRAI WAy KING COUNTY ~~ f1q¡rvJ/í E tJ~1 ePy '«Mfð~ Name and Title (prin ed) Date: ø /~ Date: R7 ~ Þý Approved as to form: 12 or '/Ý' . . ( 'Cv L /</d'~- ¿~/ .y Landi Lindell, City Attorney h: \users\ica \97 -99hm.doc COMMUNITY DEVELOPMENT BLOCK GRANT JOINT AGREEMENT THIS AGREEMENT is entered into by and between King County and the City of FFnFRAI WA1aid parties to the Agreement each being a unit of generallocaI govermnent in the State of Washington. WITNESSETH: WHEREAS, the federal govermnent through adoption and administration of the Housing and Community Development Act of 1974, as amended (the nAct"), will make Community Development Block Grant (IICDBGn), funds available to both the county and city in the fonn of entitlement grants; and WHEREAS, the area encompassed by unincorporated King County and any participating cities is designated by the United States Department of Housing and Urban Development ("BUD") as an urban county for the pmpose of receiving CDBG funds; and WHEREAS, the Act directs BUD to distribute to each urban county the annual appropriation ofCDBG funds based on the population characteristics of the urban county; and WHEREAS, the Act allows joint agreements, whereby entitlement cities may join the urban county, and allows the urban county to distribute CDBG funds to such cities as participating jurisdictions; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan (nConsolidated H&CD Plann) by participating jurisdictions; and WHEREAS, King County will undertake CDBG-funded activities in participating incorporated jurisdictions as specified in the Consolidated H&CD Plan by granting funds to those jurisdictions to carry out such activities; and WHEREAS, King County is responsible to the federal govermnent for all activities undertaken with CDBG funds and will ensure that all CDBG assurances and certifications King County is required to submit to BUD with the annual Action Plan will be met; and WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG funds to ensure benefit to low- and moderate-income persons as defined by BUD; and WHEREAS, King County and its participating jurisdictions recognize that the needs of low- and moderate-income persons may cross jurisdictional boundaries and can therefore be considered regional needs; and WHEREAS, King County and the participating jurisdictions must submit an Annual Action Plan to BUD which is a requirement to receive CDBG funds; and WHEREAS, tl~.e purpose of this Joint Agreement, which is entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is for the city to join the urban county consortium, (nConsortiumn), for planning the distribution and administration of CDBG and other federal funds received on behalf of the Consortium from BUD, 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 King County and each participating jurisdiction 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, specifically urban renewal and publicly assisted housing, funded from annual CDBG funds from federal Fiscal Years' 2000,2001, and 2002 appropriations, from recaptured funds allocated in those years, and from any program income generated from the expenditure of such funds.. II. GENERAL DISTRIBUTION OF FUNDS The distribution within the County ofCDBG Funds under Title I of the Act shall be governed by the following provisions, exclusive of the Cities of Auburn, Bellevue, and Seattle, A. The amount needed for administration of the Consortium's CDBG and other federal programs which benefit the Consortium shall be reserved by the County. This amount, hereinafter referred to as the administrative setaside, is contingent upon review by the Joint Recommendations Committee (nthe Committeen), as provided in Section VIII(C)(l), and approval by the Metropolitan King County Council, as provided by Sections XIII(A) and XIII(B). B. In addition to the administrative setaside referred to in Section II (A), each year 25% ofthe public service funds available, not to exceed $300,000, will be subtracted from the entitlement and reserved for the Housing Stability Program, a public service activity in support of the affordable housing requirements under the implementation of the state Growth Management Act (RCW Chapter 36.70A). This public service seta- side will be administered by the County with input from a working group of the participating cities and county staff. This public service setaside will be subject to the same percentage of decrease as the annual public service funds if there are any reduc- tions during the year. In addition, any city participating in this Joint Agreement will have the option of withholding their pro rata share of the Housing Stability Program funds and allocating them to a different eligible public service activity if the city so chooses. C. Ofthe grant amount remaining after the setasides referred to in Sections II(A) and II(B) (nthe Adjusted Grant Amount"), the city participating in this Joint Agreement will be eligible to receive a direct pass-through share, provided that: 1. The city's pass-through share will be the larger of a share of the Adjusted Grant Amount based upon the CDBG Consortium's formula (the city's share of the Consortium's total low- and moderate-income persons, as defined by HUD), or the city's HUD-specified entitlement grant amount less the city's pro rata share of the Consortium's administrative setaside, and at the city's option (see II, B. above) less the city's pro rata share ofthe Housing Stability Program; 2. The city participates in developing the Consortium's Consolidated H&CD Plan by identifying its non-housing community development needs; 3. The city agrees to abide by Consortium schedules and requirements to receive a pass-through ofCDBG funds, The responsibilities ofthesl:' pass-through jurisdictions are defined in Section X, Participating cities ,nay elect not to receive a direct pass-through but may compete for County and Small Cities Funds, as defined in Section II(D), below, D, The funds remaining in the Adjusted Grant Amount after the distribution of the pass- through funds referred to in Section II(C) shall be referred to as the County and Small 2 Cities Fund, and shall be allocated on a competitive basis to projects serving the cities not qualifYing to receive or not electing to receive a pass-through, and/or projects serving the unincorporated areas of the county. E. If the monies assigned to a project during the period of this Agreement exceed the actual cost of the project, or if the project is later reduced or canceled, then the excess monies or recaptured funds, will be recaptured by the County and will be redistributed as follows: I, Administrative setaside funds, as defined in Section Il(A) and public service setaside as defined in Section II(B) which are recaptured shall be returned to the Consortium and be distributed to the Pass-through Cities and County and Small Cities Funds based on their percentage of the Consortium's low- and moderate- income persons, as defined by HUD. 2. Funds recaptured from a project funded through a city's pass-through fund, as defined in Section II (C), shall be returned to the city's pass-through fund, unless the city no longer qualifies for a pass-through as provided in Section II(C)(I), in which case the funds shall be returned to the County and Small Cities Fund, 3. Funds recaptured from a project funded through the County and Small Cities Fund, as defined in Section lI(D), shall be returned to the County and Small Cities Fund. F. Unallocated or recaptured funds from 1987 and prior years (e.g., unallocated or recaptured npopulation,n "Needs,n or "Joint" funds) shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds based on their percentage of the Consortium's low- and moderate-income persons, as defined by HUD. G. Funds received by a jurisdiction or CDBG subrecipient generated from the use of CDBG funds, hereinafter referred to as program income, shall be returned to the fund which generated the program income as follows, unless an exception is specifically recommended by the Committee and approved by the Metropolitan King County Council: L That portion of the program income which is interest or fee income generated through Community Development Interim Loan (CDIL) and Section 108 loan guarantee projects (as provided in Section 108 of the Act), both of which use all or a portion of the Consortium's total available CDBG funds, shall be returned to the Consortium. The funds shall be used for the direct costs (e.g" staff, attomey, and bank fees, advertising costs, contract compliance costs), necessary for the marketing, negotiation, and implementation of the interim loan and 108 loan activities, and for other Consortium-wide or subregional capital projects or programs, including other Consortium-wide economic development projects or programs. Use of the funds shall be recommended by the Committee each year after review by an inter-jurisdictional staff group, 2, Program income generated from a project (including housing repair) funded through a city's pass-through fund, as defined in Section lI(C), shall be returned to the city's pass-through fund, unless the city no longer qualifies for a pass-through as provided in Section Il(C)(3), in which case the program income shall be returned to the County and Small Cities Fund. 3. Program income generated from a project (including housing repair) funded through the County and Small Cities Fund, as defined in Section Il(D), shall be returned to the County and Small Cities Fund. 4. Program income generated from projects funded in 1987 (except for housing repair) and prior years shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds according to their share ofthe Consortium's low- and moderate-income persons, as defined by HUD, Housing repair program income shall return to the housing repair program. 3 III. USE OF FUNDS: GENERAL PROVISIONS A. The County and each of the Pass-through Cities shall specify activities and projects which it will undertake with the funds described in Section II above. B, The County and each ofthe Pass-through Cities shall ensure that CDBG funds are targeted to activities which can document predominant (51 %) benefit to low- and moderate-income people and that the overall program meets or exceeds HUD's requirements for the percentage of funds spent to benefit low- and moderate-income persons in King County, C. Pass-through Cities may exchange their CDBG funds with other Pass-through Cities for general revenue funds. The use of general revenue funds obtained by a Pass- through City in this manner shall be consistent with the general intent of the community development program, but shall not be considered CDBG program income, D. The County and each of the Pass-through Cities shall conduct the appropriate citizen participation activities as required by HUD regulations. E. Approval ofprojects must be secured through formal grant applications (proposals) to King County; approval of activities shall be secured when the annual program is approved or amended. F. General administrative costs incurred by Pass-through Cities shall be paid for out of the pass-through or from local funds. Costs incurred in administering specific projects may be included in project costs. N, USE OF ADMINISTRATION FUNDS A. A Pass-through City may reserve a portion of its entitlement share to cover administrative costs of its local CDBG Program or to fund planning projects, however, this amount must be reserved by spring o(each year and will be based upon the city's proportion of low- and moderate-income persons, as defined by HUD. B. In addition to the responsibilities outlined in Section X., Pass-through Cities may use additional pass-through funds to cover part of their administrative costs if: 1. Planning ceiling (the maximum amount allowed by HUD for planning and administration activities which cannot exceed 20% of the annual entitlement plus program income) is available; 2. The city runs a competitive process for the distribution ofthe CDBG funds; and 3, City staff participate in Consortium-wide planning processes such as development of the Consolidated H&CD Plan and the HOME Consortium Working Group, C, Requests from Pass-through Cities to use the balance of planning ceiling, if available, to cover additional administrative costs will take priority over requests for planning projects. D. Pass-through City staff who are supported with administrative funds would also be expected to assist in preparing and/or presenting information to the Committee. V. USE OF PUBLIC SERVICE FUNDS A Pass-through City may reserve a portion of its entitlement share to cover public service activities; however, the amount must be reserved by spring of each year and will be based upon the city's proportion oflow- and moderate-income persons, as defined by HUD, 4 VI. PROGRAM INCOME A, The participating jurisdiction must inform King County of any income generated by the expenditure of CDBG funds received by the participating jurisdiction, B. Any such program income is subject to requirements set forth in Section II(G) of this Agreement C. Any program income the participating jurisdiction is authorized to retain may only be used for eligible activities in accordance with all applicable CDBG requirements. D. King County has the responsibility for monitoring and reporting to HUD on the use of any such program income and thereby requires appropriate recordkeeping and reporting by the participating jurisdiction as stated in the signed certification to receive nPass-through Cityn status and in each city's contract to receive CDBG planning and administration funds. E. In the event of close-out or change in status of the participating jurisdiction any program income that is on hand or received subsequent to the close-out or change in status shall be paid to King County Consortium. . VII. REAL PROPERTY A. Participating jurisdictions owning community facilities acquired or improved in whole or in part with CDBG funds must comply with change of use restrictions as required by HUD and the policies adopted by the Committee as found in the Consolidated H&CD Plan. B, The participating jurisdiction must notifY King 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 modification or change in use from that planned at the time of the acquisition or improvement, including disposition. C, The jurisdiction shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualifY under the CDBG regulations, D. Program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status, or termination of the cooperation agreement between the county and the participating jurisdiction shall be subject to the requirements set forth in Section II(G) and Section VI. VIII. JOINT RECOMMENDATIONS COMMITTEE A Joint Recommendations Committee shall be established, A. Composition. The Committee shall be composed of four County representatives and five Cities representatives, The four County representatives may be Department Directors or their designees, and/or citizen representatives from unincorporated communities. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The five partici- pating city representatives and their alternates will include city planning directors or comparable level staff, or elected officials. Two city representatives and their alternates will be from the nortbleast region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only cities of Aubum and Bellevue, The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding CDBG), B. Appointments. The King County Executive shall appoint the four County representatives (no more than one representative for each unincorporated community or Department). The Suburban Cities Association will select eight different jurisdictions, four to serve as members and four as alternates, who in turn, will assign representatives to this Committee. Tenns of office shall be for two years, Priority for one ofthe positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. The chairperson and vice-chairperson of the Committee shall be chosen fÌ"om among the members of the Committee by a majority vote of the members for a tenn of one year beginning the first meeting of the calendar year, Attendance of five members will constitute a quorum, C. Powers and Duties. The Committee shall be empowered to: 1. Review and recommend to the King County Executive all policy matters on the Consortium's CDBG and HOME Program including the amount of administrative setaside, priorities governing the use of the public services setaside, and projects or programs to be funded with the program income from community development interim loans and Section 108 loan guarantees (as allowed in Section 108 of the Act), 2. Review, recommend, and endorse the Consolidated H&CD Plan required by HUD, . 3. Review plan and program disagreements between the County and participating jurisdictions and offer recommendations to the King County Executive, 4, Review and recommend sanctions to be imposed on cities for failure to meet responsibilities as contained in Section X of this Agreement. Any recommended sanctions will ensure that the city's low- and moderate-income residents continue to benefit fÌ"om CDBG funds, Sanctions will be imposed to prevent the King County Consortium from losing a share of its entitlement due to participating cities' inability to meet federal requirements, 5, Review and recommend projects for funding under the Section 108 loan guarantee program (as allowed in Section 108 of the Act), 6. Review and recommend projects for funding from the remainder of any new Pass- through City's funds if that new Pass-through City chooses to take only a partial pass-through (cf. Section ILC.6 above), IX. RESPONSIBILITIES AND DUTIES OF THE KlNG COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM STAFF Those King County Housing and Community Development Program Staff positions which are funded through the administrative setaside, hereinafter referred to as the Staff, serve as staff to all Consortium partners and the Committee and provides liaison between the Consortium and HUD. A. Responsibilities to the Joint Recommendations Committee. The Staff shall: I. Solicit and present to the Committee all applicable federal and County policy guidelines, special conditions, and fonnal requirements related to the preparation ofthe Consolidated H&CD Plan, and related to administration of the programs under these plans. 2. Prepare and present written materials required by HUD and the Metropolitan King County Council as components of the Consolidated H&CD Plan to be prepared pursuant to this Agreement, including but not limited to: collection and analysis of data; identification of problems, needs and their locations; development oflong 6 3. 4. and short term objectives; consideration of alternative strategies; and preparation of the administrative budget. Prepare and present to the Committee policy evaluation reports or recommendations, and any other material deemed necessary by the Committee to help the Committee fulfill its powers and duties, Collaborate with city staff working groups and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in Section X and as contained in specific annual agreements, B, Responsibilities to Jurisdictions Which are Parties to This AIITeement. The County will develop strategic plans which will identifY community development and housing needs and strategies to address high priority needs in the balance of the County in accordance with the primary objectives and requirements of the Act. The Consolidated H&CD Plan, including the local program strategies will meet the BUD requirement for a Community Development Plan. The strategies outlined within the Consolidated H&CD Plan will be consistent with local comprehensive plans being developed under the Growth Management Act. The Staff shall: 1. Prepare and present to the King County Executive and Council material necessary for the approval of the County and Small Cities portion of the annual program, 2. 3, 4, 5, Present to the Metropolitan King County Council the Consortium's annual program for adoption. Distribute to participating jurisdictions, prior to any JRC decision based upon it, information concerning proposals having implications for Consortium-wide funding (cf. section II above), The county will incorporate jurisdictions' feedback in materials forwarded to the JRC or Metropolitan King County Council. Provide regular written reports outlining the outcomes and costs of the Consortium wide Housing Stability and economic development programs such that this information is available for participating jurisdictions' review and comment prior to the JRC's decisions on the programs' budgets for the following year, and provide quarterly status reports to the pass-through cities on those housing repair programs and capital projects which the county is administering on behalf ofthe pass-through cities. Administer the Consortium's CDBG Program: B help to identifY needs in communities; . provide assistance in interpreting BUD regulations; . provide technical assistance to cities as necessary to enable them to meet their responsibilities as partners to the Agreement; assist in the development of viable CDBG proposals; review all proposals for CDBG funding; inform participating jurisdictions in a timely way of the amount of capital dollars available for distribution regionally and the requirements regarding eligibility for them. develop contracts for funded projects in a timely fashion; public (human) services programs have a high priority and will receive authorization to proceed within 15 working days of the beginning of the program year if all relevant information needed to prepare the contract has been submitted; monitor subrecipient and city-funded projects; monitor and enforce compliance with the federal wage and relocation require- ments; . . . . . . . reimburse all eligible costs; prepare and submit required documents and reports to HUD; and . 7 . provide oversight of the CDBG Consortium to ensure compliance with all federal requirements. 6. Upon request by a Pass-through City, staff will develop, administer, and implement a city's CDBG-funded contract. Additionally, multi-jurisdictional projects funded by King County and/or one or more cities will be developed and implemented by Staff. 7. King County shall determine, with the advice of representatives from small cities, the use of the County and Small Cities Funds in a manner consistent with the Consolidated H&CD Plan including its local program strategies. x. RESPONSIBILITIES AND POWERS OF P ASS-THROUGH CITIES In order to receive a direct share of the entitlement, Pass-through Cities participating in this Agreement shall have the following responsibilities and powers: A. Pass-through City Councils may adopt local strategies which will address community development and housing needs in coordination with the Consortium's timeline for consolidated planning effort and which will be consistent with 1.ocal comprehensive plans being developed under the Growth Management Act. B, Notify the County of the citizen participation activities undertaken by local jurisdic- tions as well as any changes made by the jurisdiction to funded CDBG activities in a timely manner as referenced under Section III(D). C, Each Pass-through City shall exercise local discretion in determining the use of its pass-through funds in a manner that (I) is consistent with the Consolidated H&CD Plan, (2) recognizes the federal requirement at 24 CFR Part 570.2 that a minimum of 70% of the funds be spent on activities benefiting primarily low and moderate income persons, and (3) is in accordance with the Consortium's schedule for submission to HUD. D, City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities, locations, and budgets submitted by Pass-through City staff. Notice of these actions are to be forwarded to the County in a timely manner. E. Pass-through City staff shall review all project proposals for consistency with federal threshold requirements and Consortium-wide and other federal requirements prior to submission to the County, and ensure that all relevant informatIOn necessary to prepare a contract is submitted to the County in a timely manner. F, Pass-through City staff shall assist in the development of the Consortium-wide Consolidated H&CD Plan which includes housing and other community development needs, resources, strategies, and adopted projects. G. Pass-through 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, H. Pass-through City staff shall participate in other Consortium-wide planning activities such as HOME policy development and monitoring the Housing Stability Program. 1. Pass-through City staff shall collaborate with County staff working group and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in this section and as contained in specific annual agreements. J. Each Pass-through City shall examine its role in recognizing ard addressing regional or Consortium-wide needs and may participate in a coordinated funding approach with other jurisdictions and the County to serve their residents. XI. RESPONSIBILITIES OF OTHER CONSORTIUM CITIES Other Consortium cities must apply for funds through the annual County and Small Cities application process. The Small Cities shall: A. Coordinate with County Staff in identifying community development needs and strategies for addressing them. B. Prepare applications for CDBG funds to address local needs, C, Obtain city council authorization for proposed projects. D. Carry out funded projects in a timely manner. XII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. Each participating jurisdiction shall fulfill to the County's satisfaction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in Section XIV(D). B, Each participating jurisdiction or cooperating unit of general local government has adopted and is enforcing: I. a poli..:y prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2, a policy enforcing 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 jurisdictions, C. Pursuant. to 24 CFR 570.501(b), all participating units oflocal government are subject to the same requirements applicable to subrecipients, excluding the County's Minority and Women Business Enterprises requirements, The applicable requirements include, but are not limited to, a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the following items: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termi- nation; and reversion of assets. D. All participating units oflocal government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs which receive separate entitlements from HUD during the period of participation in this Agreement. Consortium cities which do not receive a direct pass-through ofCDBG funds may apply for grants under the County and Small Cities Fund. E. All units oflocal government participating in the CDBG urban county through this agreement understand that they are also part of the urban county for the HOME program, and may participate in a HOME program only through the urban county. XIII. RESPONSIBILITIES AND POWERS OF KING COUNTY ON BEHALF OF THE CONSORTIUM King County shall have the following responsibilities and powers: A. The King County Council shall have authority and responsibility for all policy matters, including the Consolidated H&CD Plan, upon review and recommendation by the Committee. B. The King County Council shall have authority and responsibility for all fund allo- cation matters, including the approval ofthe annual administrative setaside and the approval and adoption ofthe Consortium's annual CDBG Program. 9 C. The King County Executive shall have the authority and responsibility to approve requested changes to the adopted annual CDBG Program in the following circumstances: 1. The requested change is to a Pass-through City's portion of the adopted annual program, and the change is requested by the legislative body of the Pass-through City; or 2. The requested change is in the County and Small Cities portion of the adopted annual program, and it is limited to a change of project scope or change of project implementor in a specific project, and it is requested by the subrecipient, and the change is made in consultation with the Councilmember in whose district the project is located. D. The King County Executive, as administrator of this CDBG 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. Notwithstanding any other provision contained in this Agreement, the County as the applicant for CDBG funds has responsibility for and assumes all obligations as the applicant in the execution of this CDBG Program, including final responsibility for selecting activities and annually submitting Action Plans with lIUD, Nothing contained in this Agreement shall be construed as an abdication of those responsi- bilities and obligations. XIV. GENERAL TERMS A, This Agreement shall extend through the 2000, 2001, and 2002 program years, and will remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year period are expended and the funded activities completed. This agreement will be automatically ren,;wed for participation in successive three-year qualification periods, unless the county or the city provides written notice that it elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices, King 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, 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 agreement while it remains in effect. C. It is understood that by signing this Agreement the jurisdictions shall agree to comply with the policies and implementation of the Consolidated H&CD 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. No CDBG funds shall be expended for activities in, or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. 10 ~I I DATE OUT: I TO: \ d~\ \, Ci! OF'PfDERAL WAY LAW DEPARTMENT \t \V\ r¡ \ \° 'J7~ REQ T FO co NT1kCT PREP ARA TI 0 NIDOCUMENT REVIEWISI GNATURE ROUTING SLIP DATE IN: 1. COMMUNITY DEVELOPMENTlHuMAN SERVICES 2. 4. 5. 6. 7. 8. 9. 10. --- F'f.1..- 10/09/02 ORIGINATING DEPT.IDIY: ORIGINATING STAFF PERSON: KELLI O'DONNELL EXT: 4153 3. DATE REQ. BY: 6/21/04 TYPE OF DOCUMENT REQUESTED (CHECK ONE) 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE/LABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) 0 PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) "IF... CONTRACT AMENDMENT "IF CDBG 0 OTHER AG#: 99-145 PROJECT NAME: AMENDMENT TO KING COUNTY CDBG & HOME CONSORTIUM INTERLOCALS REVISING JRC MEMBERSHIP NAME OF CONTRACTOR: KING COUNTY HoUSING & COMMUNITY DEVELOPMENT ADDRESS: 821 SECOND AVE, SUITE 500, SEATTLE, WA 98104 SIGNATURE NAME: RON SIMS (STAFF CONTACT: LINDA PETERSON) TELEPHONE 206-296-8661 TITLE KING COUNTY EXECUTIVE ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT 0 INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE r /. ~/ I ~/3í¡~ cV(f TERM: COMMENCEMENT DATE: JANUARY 1, 2004 COMPLETION DATE: DURATION OF INTERLOCALS TOTAL COMPENSATION $ 0 ¡ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES DNOIFYES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY CONTRACT REVIEW -lfPROJECT MANAGER fjRECTOR SK MANAGEMENT LAW --- J:f ~q # qc¡,- ('f5 (~) AMENDMENT NO. 1 (fO-.~{ I') HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AMENDMENT to the HOME Investment Partnerships Program Interlocal Cooperation Agreement dated August 18, 1999 is entered into by and between King County and the City of Federal Way , said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, King County and the City entered into a HOME Investment Partnerships Program (HOME) interlocal cooperation agreement (the "Agreement") in 1999 for the purpose of forming a HOME consortium and undertaking HOME Program housing activities; and WHEREAS, there is mutual recognition of the need to amend this Agreement to increase participating cities' representation on the inter-jurisdictional Joint Recommendations Committee: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Paragraph 10 is deleted and replaced with the following new Paragraph 10: Joint Recommendations Committee Composition. The Committee shall be composed of three (3) County representatives and seven (7) cities representatives. The three County representatives will be King County Executive staff with broad policy responsibilities, and/or Department Directors, and/or elected representatives of Unincorporated Area Councils. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The seven cities representatives will 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. Three of the seven cities representatives will be from the CDBG "Pass- through" cities and the CDBG "Small" cities, at least one from each group (the third may be from either). Two of the seven cities representatives shall be rotated among the CDBG "Joint Agreement" cities of Federal Way, Shoreline and Renton. Two of the seven cities representatives shall be rotated among the "HOME-only" Cities of Auburn, Bellevue and Kent, and these two representatives will vote only on issues related to the King County HOME Consortium and other regional housing-related funds (excluding CDBG). For all the rotating positions, each city will serve two years on and one year off, except that during the first year (2004) one city in each group will serve a one-year term. Cities not serving in a position in ORIGINAL a certain year may serve as an alternate. The rotation cycles of the two groups will be coordinated to achieve broad sub-regional representation. (The chart below sets forth the rotation schedule for the four rotating city representatives.) If any city, in accordance with HUD instructions, notifies the County of its intent to change its status at the end ofthe three-year qualification period, and as a result the number of CDBG "Joint Agreement" or "HOME-only" cities changes, County staff shall initiate a timely process to revisit the cities representation on the JRC. Joint 2004 2005 2006 2007 2008 Agreement Federal Way X X X X Shoreline X X X Renton X X X HOME-only 2004 2005 2006 2007 2008 Kent X X X X Auburn X X X Bellevue X X X ,.', 'I , :¡ Paragraph 11 is deleted and replaced with the following new Paragraph 11: Appointments. The King County Executive shall appoint the County representatives. The CDBG "Pass-through" cities and the CDBG "Small" cities will 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 mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will work in coordination with the "Joint Agreement" and "HOME-only" cities to achieve broad sub-regional representation. The representatives of the revolving CDBG "Joint Agreement" cities and the representatives of the revolving "HOME-only" cities shall be appointed by their respective jurisdictions. Members of the Committee shall serve at the pleasure of their respective appointing authorities. IN WITNESS THEREOF, the parties have executed this Amendment. signature King County, Washington, a political Subdivision of the State of Washington By: printed name David H. Moseley printed name Title: Title: City Manager Date: Date: :¡ fr V' >' APPROVED AS TO FORM: Norm Maleng King County Prosecuting Attorney APPROVED AS TO FORM: Margaret Pahl, King County Prosecuting Attorney For Information only Please do not sign. HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, an urban county pursuant to 24 CFR Subpart 92.101 and Subpart 570.3, hereinafter referred to as the "County," and the City of 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, a unit of general local government that is included in an urban county may be part of a HOME consortium only through the urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by 24 CFR Part 92 and 42 USC § 12746 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 agrees to assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal requirements and the housing objectives of the City and the County as adopted in the Consolidated Housing and Community Development Plan (Consolidated H&CD Plan). The City agrees to cooperate fully with the County in the development and preparation of the Consolidated H&CD Plan, and to prepare and provide those elements specifically pertaining to the City. 4. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 2000, 2001, and 2002 federal fiscal years, the three-year qualification period that coincides with the Agreement for the Distribution and Administration of 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. This agreement will be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice it elects not to participate in the new qualification period. Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 5. The City and the County 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 United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period. 6. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 7. By executing the HOME Agreement, the City understands 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. 8. 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 counterparts, accompanied by copies of the authorizing resolutions from the County and the City, shall be filed by the County with the Region X office of HUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council, the County Auditor, and the City pursuant to RCW 39.34.040. 9. The County and the City both hereby agree to affirmatively further fair housing. 2 10. Joint Recommendations Committee Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees, and/or citizen representatives of unincorporated communities. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. Five participating city representatives and their alternates will include city planning directors or comparable level staff, or elected officials, Two city representatives and their alternates will be from the north/east region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME-only Cities of Auburn and Bellevue. The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding Community Development Block Grant). 11. Appointments. The King County Executive shall appoint the County representatives. The Suburban Cities Association will select eight different jurisdictions, four to serve as members and four as alternates, which in turn, will assign representatives to this Committee. Terms of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. 12. The Joint Recommendations Committee will adopt HOME program policies, consistent with the Consolidated H&CD Plan, developed by the City and County staff working group. The J oint Recommendations Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Once the policies are adopted, the City, as a representative member of the Consortium, shall also have the right to comment on any program changes prior to their implementation by the County. 13. The chairperson and vice-chairperson of the Joint Recommendations Committee shall be chosen from among the members of the Committee by a majority vote of the members for a term of one year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. 14. The City shall participate jointly with the County in the development of the Consortium's HOME Program by participating in development of a HOME Program strategy sufficient to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of both the City and the County. 15. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance activities that are the subject of this Agreement. The City and the County shall cooperate ill . 3 the establishment of budgets for separate HOME activities. The County intends to enter into contractual agreements with any city, nonprofit organization, or other entity that it selects to implement HOME activities. The County's administrative costs will be paid from the HOME grant, after review and approval by the Joint Recommendations Committee. 16. 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 City and County staff working group and adopted by the Joint Recommendations Committee. This Agreement is legally binding and valid upon signature of all parties. CITY OF KING COUNTY, WASHINGTON Signature of Chief Executive Officer for Ron Sims, County Executive Name and Title (printed) Date: Date: 4 AG fl9tt r-11!;{~) (t tJri JL) AMENDMENT NO.1 COMMUNITY DEVELOPMENT BLOCK GRANT JOINT AGREEMENT THIS AMENDMENT to the Community Development Block Grant Joint Agreement dated August 18, 1999 is entered into by and between King County and the City of Federal Way , said parties to the Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, King County and the City entered into a Community Development Block Grant (CDBG) Joint Agreement (the "Agreement") in 1999 for the purpose of allowing this entitlement City to participate in the King County urban county consortium formed to receive, distribute and administer CDBG and other federal funds; and WHEREAS, there is mutual recognition of the need to amend this Agreement to increase participating cities' representation on the inter-jurisdictional Joint Recommendations Committee: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Paragraph VIII. A is deleted and replaced with the following new Paragraph VIII. A.: Joint Recommendations Committee Composition. The Committee shall be composed of three (3) County representatives and seven (7) cities representatives. The three County representatives will be King County Executive staff with broad policy responsibilities, and/or Department Directors, and/or elected representatives of Unincorporated Area Councils. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. ' The seven cities representatives will 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. Three of the seven cities representatives will be from the CDBG "Pass- through" cities and the CDBG "Small" cities, at least one from each group (the third may be from either). Two of the seven cities representatives shall be rotated among the CDBG "Joint Agreement" cities of Federal Way, Shoreline and Renton. Two of the seven cities representatives shall be rotated among the "HOME-only" Cities of Auburn, Bellevue and Kent, and these two representatives will vote only on issues related to the King County HOME Consortium and other regional housing-related funds (excluding CDBG). For all the rotating positions, each city will serve two years on and one year off, except that during the first year (2004) OR I GINAL one city in each group will serve a one-year term. Cities not serving in a position in a certain year may serve as an alternate. The rotation cycles of the two groups will be coordinated to achieve broad sub-regional representation. (The chart below sets forth the rotation schedule for the four rotating city representatives.) If any city, in accordance with HUD instructions, notifies the County of its intent to change its status at the end of the three-year qualification period, and as a result the number of CDBG "Joint Agreement" or "HOME-only" cities changes, County staff shall initiate a timely process to revisit the cities representation on the JRC. Joint 2004 2005 2006 2007 2008 Agreement Federal Way X X X X Shoreline X X X Renton X X X HOME-only 2004 2005 2006 2007 2008 Kent X X X X Auburn X X X Bellevue X X X Paragraph VIII. B. is deleted and replaced with the following new Paragraph VIII. B.: Appointments. The King County Executive shall appoint the County representatives. The CDBG "Pass-through" cities and the CDBG "Small" cities will provide for the appointment of their shared representati~es in a manner to be detennined by those cities through the Suburban Cities Association or other agreed mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will work in coordination with the "Joint Agreement" and "HOME-only" cities to achieve broad sub-regional representation. The representatives of the revolving CDBG "Joint Agreement" cities and the representatives of the revolving "HOME-only" cities shall be appointed by their respective jurisdictions. Members of the Committee shall serve at the pleasure of their respective appointing authorities. IN WITNESS THEREOF, the parties have executed this Amendment. signature King County, Washington, a political Subdivision of the State of Washington By: printed name David H. Moseley printed name Title: Title: City Manager Date: ~;l' ;J "'I Date: APPROVED AS TO FORM: Nonn Maleng King County Prosecuting Attorney APPROVED AS TO FORM: Margaret Pahl, King County Prosecuting Attorney orney }¡ ATTEST: æ~l:~ City Clerk, N. Christine Green, CMC For Information only Please do not sign. COMMUNITY DEVELOPMENT BLOCK GRANT JOINT AGREEMENT THIS AGREEMENT is entered into by and between King County and the City of , said parties to the 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, as amended (the "Act"), will make Community Development Block Grant ("CDBG"), funds available to both the County and city in the form of entitlement grants; and WHEREAS, the area encompassed by unincorporated King County and any participating cities is 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 the annual appropriation ofCDBG funds based on the population characteristics of the urban county; and WHEREAS, the Act allows joint agreements, whereby entitlement cities may join the urban county, and allows the urban county to distribute CDBG funds to such cities as participating jurisdictions; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan ("Consolidated H&CD Plan") by participating jurisdictions; and WHEREAS, King County will undertake CDBG-funded activities in participating incorporated jurisdictions as specified in the Consolidated H&CD Plan by granting funds to those jurisdictions to carry out such activities; and WHEREAS, King County is responsible to the federal government for all activities undertaken with CDBG funds and will ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan will be met; and WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG funds to ensure benefit to low- and moderate-income persons as defined by HUD; and WHEREAS, King County and its participating jurisdictions recognize that the needs of low- and moderate-income persons may cross jurisdictional boundaries and can therefore be considered regional needs; and WHEREAS, King County and 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 Agreement, which is entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is for the City to join the urban county consortium, ("Consortium"), for planning the distribution and administration of CDBG 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 King County and each participating jurisdiction 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, specifically urban renewal and publicly assisted housing, funded from annual CDBG funds from federal Fiscal Years' 2000, 2001, and 2002 appropriations, from recaptured funds allo- cated in those years, and from any program income generated from the expenditure of such funds. GENERAL DISTRIBUTION OF FUNDS II. The distribution within the County of CDBG Funds under Title I of the Act shall be governed by the following provisions, exclusive of the Cities of Auburn, Bellevue, and Seattle. A. The amount needed for administration of the Consortium's CDBG and other federal programs which benefit the Consortium shall be reserved by the County. This amount, hereinafter referred to as the administrative setaside, is contingent upon review by the Joint Recommendations Committee ("the Committee"), as provided in Section VULc.1., and approval by the Metropolitan King County Council, as provided in Section Xill.B. B. In addition to the administrative setaside referred to in Section II (A), each year 25% of the public service funds available, not to exceed $300,000, will be subtracted from the entitlement and reserved for the Housing Stability Program, a public service activity in support of the affordable housing requirements under the implementation of the state Growth Management Act (RCW Chapter 36.70A). This public service setaside will be administered by the County with input from a working group of the 2 participating cities and county staff. This public service setaside will be subject to the same percentage of decrease as the annual public service funds if there are any reductions during the year. In addition, any city participating in this Joint Agreement will have the option of withholding their pro rata share of the Housing Stability Program funds and allocating them to a different eligible public service activity if the City so chooses. C. Of the grant amount remaining after the setasides referred to in Sections II.A. and II.B. ("the Adjusted Grant Amount"), the city participating in this Joint Agreement will be eligible to receive a direct pass-through share, provided that: 1. The City's pass-through share will be the larger of a share of the Adjusted Grant Amount based upon the CDBG Consortium's formula (the City's share of the Consortium's total low- and moderate-income persons, as defined by HUD), or the City's HUD-specified entitlement grant amount less the City's pro rata share of the Consortium's administrative setaside, and at the City's option (see ILB. above) less the City's pro rata share of the Housing Stability Program; 2. The City participates in developing the Consortium's Consolidated H&CD Plan by identifying its non-housing community development needs; 3. The city agrees to abide by Consortium schedules and requirements to receive a pass-through of CDBG funds. The responsibilities of these pass-through jurisdictions are defined in Section X. Participating cities may elect not to receive a direct pass-through but may compete for County and Small Cities Funds, as defined in Section IT.D., below. D. The funds remaining in the Adjusted Grant Amount after the distribution of the pass- through funds referred to in Section II,C. shall be referred to as the County and Small Cities Fund, and shall be allocated on a competitive basis to projects serving the cities not qualifying to receive or not electing to receive a pass-through, and/or projects serving the unincorporated areas of the County. E. If the monies assigned to a project during the period of this Agreement exceed the actual cost of the project, or if the project is later reduced or canceled, then the excess monies or recaptured funds, will be recaptured by the County and will be redistributed as follows: 1. Administrative setaside funds, as defined in Section ILA. and public service setaside as defined in Section TI.B. which are recaptured shall be returned to the Consortium and be distributed to the Pass-through Cities and County and Small Cities Funds based on their percentage of the Consortium's low- and moderate- income persons, as defined by HUD. 2. Funds recaptured from a project funded through a city's pass-through fund, as defined in Section II (C), shall be returned to the City's pass-through fund, unless 3 the City no longer qualifies for a pass-through as provided in Section II.c.I., in which case the funds shall be returned to the County and Small Cities Fund. 3. Funds recaptured from a project funded through the County and Small Cities Fund, as defined in Section ILD., shall be returned to the County and Small Cities Fund. F. Unallocated or recaptured funds from 1987 and prior years (e.g., unallocated of recaptured "Population", "Needs" or "Joint" funds) shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds based on their percentage of the Consortium's low- and moderate- income persons, as defined by HUD. G. Funds received by a jurisdiction or CDBG subrecipient generated from the use of CDBG funds, hereinafter referred to as program income, shall be returned to the fund which generated the program income as follows, unless an exception is specifically recommended by the Committee and approved by the Metropolitan King County Council: 1. That portion of the program income which is interest or fee income generated through Community Development Interim Loan (CDIL) and Section 108 loan guarantee projects (as provided in Section 108 of the Act), both of which use all or a portion of the Consortium's total available CDBG funds, shall be returned to the Consortium. The funds shall be used for the direct costs (e.g., staff, attorney, and bank fees, advertising costs, contract compliance costs), necessary for the marketing, negotiation, and implementation of the interim loan and 108 loan activities, and for other Consortium-wide or subregional capital projects or programs, including other Consortium-wide economic development projects or programs. Use of the funds shall be recommended by the Committee each year after review by an inter-jurisdictional staff group. 2. Program income generated from a project (including housing repair) funded through a city's pass-through fund, as defined in Section II.c., shall be returned to the City's pass-through fund, unless the City no longer qualifies for a pass- through as provided in Section II.c.l., in which case the program income shall be]eturned to the County and Small Cities Fund. 3. Program income generated from a project (including housing repair) funded through the County and Small Cities Fund, as defined in Section II.D., shall be returned to the County and Small Cities Fund. 4. Program income generated from projects funded in 1987 (except for housing repair) and prior years shall be returned to the Consortium and be distributed to the Pass-through Cities and the County and Small Cities Funds according to their share ofthe Consortium's low- and moderate-income persons, as defined by HUD. 4 III. USE OF FUNDS: GENERAL PROVISIONS A. The County and each of the Pass-through Cities shall specify activities and projects which it will undertake with the funds described in Section II. above. B. The County and each of the Pass-through Cities shall ensure that CDBG funds are targeted to activities which can document predominant (51%) benefit to low- and moderate-income people and that the overall program meets or exceeds BUD's requirements for the percentage of funds spent to benefit low- and moderate-income persons in King County. C. Pass-through Cities may exchange their CDBG funds with other Pass-through Cities for general revenue funds. The use of general revenue funds obtained by a Pass- through City in this manner shall be consistent with the general intent of the community development program, but shall not be considered CDBG program mcome. D. The County and each of the Pass-through Cities shall conduct the appropriate citizen participation activities as required by ROO regulations. E. Approval of projects must be secured through [onTIal grant applications (proposals) to King County; approval of activities shall be secured when the annual program is approved or amended. F. General administrative costs incurred by Pass-through Cities shall be paid for out of the pass-through or from local funds. Costs incurred in administering specific projects may be included in project costs. IV. USE OF AD MINISTRA TI 0 N FUNDS A. A Pass-through City may reserve a portion of its entitlement share to cover administrative costs of its local CDBG Program or to fund planning projects, however, this amount must be reserved by spring o(each year and will be based upon the City's proportion oflow- and moderate-income persons, as defined by ROO. B. In addition to the responsibilities outlined in Section X. Pass-through Cities may use additional Pass-through funds to cover part of their administrative costs if: 1. Planning ceiling (the maximum amount allowed by HUD for planning and administration activities which cannot exceed 20% of the annual entitlement plus program income) is available; 2. The City runs a competitive process for the distribution of the CDBG funds; and 5 3. City. staff participate in Consortium-wide planning processes such as development of the Consolidated H&CD Plan and the HOME Consortium Working Group. C. Requests from Pass-through Cities to use the balance of planning ceiling, if available, to cover additional administrative costs will take priority over requests for planning projects, D. Pass-through City staff who are supported with administrative funds would also be expected to assist in preparing and/or presenting information to the Committee. V. USE OF PUBLIC SERVICE FUNDS A Pass-through City may reserve a portion of its entitlement share to cover public service activities; however, the amount must be reserved by spring of each year and will be based upon the City's proportion of low- and moderate-income persons, as defined by HUD. VI. PROGRAM INCOME A. The participating jurisdiction must inform King County of any income generated by the expenditure of CDBG funds received by the participating jurisdiction. B. Any such program income is subject to requirements set forth in Section ILG. of this Agreement. C. Any program income the participating jurisdiction is authorized to retain may only be used for eligible activities in accordance with all applicable CDBG requirements. D. King County has the responsibility for monitoring and reporting to HUD on the use of any such program income and thereby requires appropriate record keeping and reporting by the participating jurisdiction as stated in the signed certification to receive "Pass-through City" status and in each city's contract to receive CDBG planning and administration funds. E. In the event of close-out or change in status of the participating jurisdiction any program income that is on hand or received subsequent to the close-out or change in status shall be paid to King County Consortium. VII. REAL PROPERTY A. Participating jurisdictions owning community facilities acquired or improved in whole or in part with CDBG funds must comply with change of use restrictions as required by HUD and the policies adopted by the Committee as found in the Consolidated H&CD Plan. 6 B. The participating jurisdiction must notify King 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 modification or change in use from that planned at the time of the acquisition or improvement, including disposition. C. The jurisdiction shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. D. Program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status, or tennination of the cooperation agreement between the County and the participating jurisdiction shall be subject to the requirements set forth in Section II.G. and Section VI. VIII. JOINT RECOMMENDATIONS COMMITTEE A Joint Recommendations Committee shall be established. A. Composition. The Committee shall be composed of four County representatives and five Cities representatives. The four County representatives may be Department Directors or their designees, and/or citizen representatives from unincorporated communities. County representatives shall be specified in writing and should, where possible, be the same person consistently from meeting to meeting. The five partici- pating city representatives and their alternates will include city planning directors or comparable level staff, or elected officials. Two city representatives and their alternates will be from the north/east region of the County and two city representatives and their alternates will be from the south region of the County. An additional revolving position on this Committee shall be rotated between the HOME- only cities of Auburn and Bellevue. The revolving position will be non-voting, except on issues related to the King County HOME Consortium and other federal housing-related funds (excluding CDBG). B. Appointments. The King County Executive shall appoint the four County representatives (no more than one representative for each unincorporated community or Department). The Suburban Cities Association will select eight different jurisdictions, four to serve as members and four as alternates, who in turn, will assign representatives to this Committee. Tenns of office shall be for two years. Priority for one of the positions will be for a small city representative. The revolving HOME position will be appointed annually by the respective jurisdiction. Members of the Committee shall serve at the pleasure of their respective appointing authorities. The chairperson and vice-chairperson of the Committee shall be chosen from among the members of the Committee by a majority vote of the members for a tenn of one 7 year beginning the first meeting of the calendar year. Attendance of five members will constitute a quorum. C. Powers and Duties. The Committee shall be empowered to: IX. 1. Review and recommend to the King County Executive all policy matters on the Consortium's CDBG and HOME. Program including the amount of administrative setaside, priorities governing the use of the public services setaside, and projects or programs to be funded with the program income from community development interim loans and Section 108 loan guarantees (as allowed in Section 108 ofthe Act). 2. Review, recommend, and endorse the Consolidated H&CD Plan required by HUD. 3. Review plan and program disagreements between the County and participating jurisdictions and offer recommendations to the King County Executive. 4. Review and recommend sanctions to be imposed on cities for failure to meet responsibilities as contained in Section X of this Agreement. Any recommended sanctions will ensure that the City's low- and moderate-income residents continue to benefit from CDBG funds. Sanctions will be imposed to prevent the King County Consortium from losing a share of its entitlement due to participating cities' inability to meet federal requirements. 5. Review and recommend projects for funding under the Section 108 loan guarantee program (as allowed in Section 108 of the Act). 6. Review and recommend projects for funding from the remainder of any new Pass-through City's funds if that new Pass-through City chooses to take only a partial pass-through as provided in Section II.CA. above. RESPONSIBILITIES AND DUTIES OF THE KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM STAFF Those King County Housing and Community Development Program Staff positions which are funded through the administrative setaside, hereinafter referred to as the Staff, serve as staff to all Consortium partners and the Committee and provides liaison between the Consortium and HUD. A. Responsibilities to the Joint Recommendations Committee. The Staff shall: 1. Solicit and present to the Committee all applicable federal and County policy guidelines, special conditions, and formal requirements related to the preparation of the Consolidated H&CD Plan, and related to administration of the programs under these plans. 8 2. Prepare and present written materials required by HUD and the Metropolitan King County Council as components of the Consolidated H&CD Plan to be prepared pursuant to this Agreement, including but not limited to: collection and analysis of data; identification of problems, needs and their locations; development of long and short tenn objectives; consideration of alternative strategies; and preparation of the administrative budget. 3. Prepare and present to the Committee policy evaluation reports or recommendations, and any other material deemed necessary by the Committee to help the Committee fulfill its powers and duties. 4. Collaborate with city staff working groups and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in Section X and as contained in specific annual agreements. B. Responsibilities to Jurisdictions Which are Parties to This Agreement. The County will develop strategic plans which will identify housing and community development needs and objectives to address high priority needs in the balance of the County in accordance with the primary goals and requirements of the Act. The Consolidated H&CD Plan, including the housing and community development objectives will meet the HUD requirement for a Community Development Plan. The objectives and any local program criteria outlined within the Consolidated H&CD Plan will be consistent with local comprehensive plans being developed under the Growth Management Act. The Staff shall: 1. Prepare and present to the King County Executive and Council material necessary for the approval of the County and Small Cities portion of the annual program. 2. Present to the Metropolitan King County Council the Consortium's annual program for adoption. 3. Distribute to participating jurisdictions, prior to any Joint Recommendations Committee decision based upon it, infonnation concerning proposals having implications for Consortium-wide funding as provided in Section ILG.1. above. The County will incorporate jurisdictions' feedback in materials forwarded to the Joint Recommendations Committee or Metropolitan King County Council. 4. Provide regular written reports outlining the outcomes and costs of the Consortium wide Housing Stability and economic development programs such that this infonnation is available for participating jurisdictions' review and comment prior to the Joint Recommendations Committee's decisions on the programs' budgets for the following year, and provide quarterly status reports to the Pass-through Cities on those housing repair programs and capital projects which the County is administering on behalf of the Pass-through Cities. 9 5. 6. 7. x. Administer the Consortium's CDBG Program: . help to identify needs in communities; . provide assistance in interpreting HUD regulations; provide technical assistance to cities as necessary to enable them to meet their responsibilities as partners to the Agreement; . . assist in the development of viable CDBG proposals; review all proposals for CDBG funding; infonn participating jurisdictions in a timely way of the amount of capital dollars available for distribution regionally and the requirements regarding eligibility for them. . . . develop contracts for funded projects in a timely fashion; public (human) services programs have a high priority and will receive authorization to proceed within 15 working days of the beginning of the program year if all relevant infonnation needed to prepare the contract has been submitted; monitor subrecipient and city-funded projects; . . monitor and enforce compliance with the federal wage and relocation requirements; reimburse all eligible costs; . . prepare and submit required documents and reports to HUD; and provide oversight of the CDBG Consortium to ensure compliance with all federal requirements. . Upon request by a Pass-through City, staff will develop, administer, and implement a city's CDBG-funded contract. Additionally, multi-jurisdictional projects funded by King County and/or one or more cities will be developed and implemented by Staff. King County shall detennine, with the advice of representatives from small cities, the use of the County and Small Cities Funds in a manner consistent with the Consolidated H&CD Plan including its local program criteria. RESPONSIBILITIES AND POWERS OF PASS-THROUGH CITIES In order to receive a direct share of the entitlement, Pass-through Cities participating in this Agreement shall have the following responsibilities and powers: A. Pass-through City Councils may adopt local program criteria which will address community development and housing needs in coordination with the Consortium's time line for consolidated planning effort and which will be consistent with federal 10 requirements, Consortium-wide policies and local comprehensive plans being developed under the Growth Management Act. B. Notify the County of the citizen participation activities undertaken by local jurisdic- tions as well as any changes made by the jurisdiction to funded CDBG activities in a timely manner as referenced under Section lieD). C. Each Pass-through City shall exercise local discretion in detennining the use of its pass-through funds in a manner that (1) is consistent with the Consolidated H&CD Plan, (2) recognizes the federal requirement at 24 CFR Part 570.2 that a minimum of 70% of the funds be spent on activities benefiting primarily low and moderate income persons, and (3) is in accordance with the Consortium's schedule for submission to HUD. D. City legislative bodies shall approve or disapprove via motion or resolution all CDBG activities, locations, and budgets submitted by Pass-through City staff. Notice of these actions are to be forwarded to the County in a timely manner. E. Pass-through City staff shall review all project proposals for consistency with federal threshold requirements and Consortium-wide policies prior to submission to the County, and ensure that all relevant infonnation necessary to prepare a contract is submitted to the County in a timely manner. F. Pass-through City staff shall assist in the development of the Consortium-wide Consolidated H&CD Plan which includes housing and other community development needs, resources, objectives, and adopted projects. G. Pass-through 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. H. Pass-through City staff shall participate in other Consortium-wide planning activities such as HOME policy development and monitoring the Housing Stability Program. 1. . Pass-through City staff shall collaborate with County staff working group and present to the Committee specific sanctions to be imposed on cities which fail to meet their responsibilities as contained in this section and as contained in specific annual agreements. J. Each Pass-through City shall examine its role in recognizing and addressing regional or Consortium-wide needs and may participate in a coordinated funding approach with other jurisdictions and the County to serve their residents. 11 XI. RESPONSIBILITIES OF OTHER CONSORTIUM CITIES Other Consortium cities must apply for funds through the annual County and Small Cities application process. The Small Cities shall: A. Coordinate with County Staff in identifying community development needs and local program criteria for addressing them. B. Prepare applications for CDBG funds to address local needs. C. Obtain city council authorization for proposed projects. D. Carry out funded projects in a timely manner. XII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. Each participating jurisdiction shall fulfill to the County's satisfaction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in Section XIV (D). B. Each participating jurisdiction or cooperating unit of general local government has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy enforcing 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 jurisdictions. C. Pursuant to 24 CFR 570.501(b), all participating units of local government are subject to the same requirements applicable to subrecipients, excluding the County's Minority and Women Business Enterprises requirements. The applicable requirements include, but are not limited to, a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the following items: statement of work; records and reports; program income; unifonn administrative items; other program requirements; conditions for religious organizations; suspension and tennination; and reversion of assets. D. All participating units of local government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs which receive separate entitlements from HUD during the period of participation in this Agreement. Consortium cities which do not receive a direct pass-through of CDBG funds may apply for grants under the County and Small Cities Fund. 12 E. All units of local government participating in the CDBG urban county through this agreement understand that they are also part of the urban county for the HOME program, and may participate in a HOME program only through the urban county. XIII. RESPONSIBILITIES AND POWERS OF KING COUNTY ON BEHALF OF THE CONSORTIUM King County shall have the following responsibilities and powers: A. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated H&CD Plan, upon review and recom- mendation by the Committee. B. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including the approval of the annual administrative setaside and the approval and adoption of the Consortium's annual CDBG Program. C. The King County Executive shall have the authority and responsibility to approve requested changes to the adopted annual CDBG Program in the following circumstances: 1. The requested change is to a Pass-through City's portion of the adopted annual program, and the change is requested by the legislative body of the Pass-through City; or 2. The requested change is in the County and Small Cities portion of the adopted annual program, and it is limited to a change of project scope or change of project implementor in a specific project, and it is requested by the subrecipient, and the change is made in consultation with the Councilmember in whose district the project is located. D. The King County Executive, as administrator of this CDBG 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. Notwithstanding any other provision contained in this Agreement, the County as the applicant for CDBG funds has responsibility for and assumes all obligations as the applicant in the execution of this CDBG Program, including final responsibility for selecting activities and annually submitting Action Plans with HUD. Nothing contained in this Agreement shall be construed as an abdication of those responsi- bilities and obligations. 13 XIV. GENERAL TERMS A. This Agreement shall extend through the 2000, 2001, and 2002 program years, and will remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year period are expended and the funded activities completed. This agreement will be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice that it elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices. King 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. 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 agreement while it remains in effect. C. It is understood that by signing this Agreement the jurisdictions shall agree to comply with the policies and implementation of the Consolidated H&CD Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 1 04(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, (Titl~ 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. No CDBG funds shall be expended for activities in, or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. It is recognized that amendment of the provisions of this Agreement may become necessary, and such amendment shall take place when all parties have executed a written addendum to this Agreement. The City and the County 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 United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period, G. Calculations for determining the number of low- and moderate-income persons residing in the County and cities shall be based upon official HUD approved 1990 Census data, and on the official annual estimates of populations of cities, towns and 14 communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdictions which have signed this Agreement. 1. Jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement retain full civil and criminal liability as though these funds were locally generated. J. King County retains 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 and assessment in determining whether King County must prepare an Environmental Impact Statement. K. Jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. CITY OF KING COUNTY, WASHINGTON Signature of Chief Executive Officer for Ron Sims, County Executive Name and Title (printed) Date: Date: 15 F. It is recognized that amendment of the provisions of this Agreement may become necessary, and such amendment shall take place when all parties have executed a written addendum to this Agreement. The city and the county 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 United States Department of Housing and Urban Development. Failure to adopt such amendment will void the automatic renewal of such qualification period, G, Calculations for determining the number of low- and moderate-income persons residing in the County and cities shall be based upon official HUD approved 1990 Census data, and on the official annual estimates of populations of cities, towns and communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdictions which have signed this Agreement. 1. Jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement retain full civil and criminal liability as though these funds were locally generated. J. King County retains environmental review responsibility for purposes of fulfilling requiremellts 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 and assessment in determining whether King County must prepare an Environmental Impact Statement. K. Jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. lUNG COUNTY, WASHINGTON PARTICIPATING CITY OR TOWN ~4- King coun; xe tive ~~~ Dar: G:?jJ KEIIIAleTH E, A,/Y.4cLG- Name and Title (Print) al'ÍY /711"9A1,4 6 €L N ~~~F~rth~'I'ðwn 7/7/99 Date Signed Approved as to form: -'-. ' r- or / ¡ -c ~ /Ù,á".v<~... ,," Londi Lindell, City Attorney CI58 (7/18/97) 11