HomeMy WebLinkAboutContract CAG-14-095
+.✓
HOME INVESTMENT PARTNERSHIPS PROGRAM
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is entered into between King County, hereinafter referred to as the
"County," and the City of LAVA
hereinafter referred to as the "City," said parties to the Agreement each being a unit of general
local government of the State of Washington.
RECITALS
WHEREAS, King County is an urban county, as defined by 24 CFR 92.2 and 24 CFR 570.3; and
WHEREAS, a unit of general local government that is located within in an urban county may be
part of a HOME consortium only through the urban county; and
WHEREAS,the City and King County agree that it is mutually desirable and beneficial to enter
into a consortium arrangement for purposes of the HOME Investment Partnerships Program,
hereinafter referred to as "HOME Program";
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES,
AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS
AGREED THAT:
1. This Agreement is made pursuant to the National Affordable Housing Act of 1990, as
amended, 42 USC § 12701 et. seq. (the "Act")and RCW 39.34, the Intergovernmental
Cooperation Act.
2. The City and the County agree to cooperate to undertake or assist in undertaking HOME
Program housing assistance activities which are eligible under 24 CFR Part 92.
3. The County is hereby authorized to act as the representative member on behalf of the
Consortium for the purposes of the HOME Program. The County as the applicant, grantee
and lead entity for the HOME Program funds has responsibility for and assumes all
obligations in the executing the HOME Program, including the ability to adopt amendments
to this Agreement for the purpose of adding new members on behalf of the HOME
Consortium and for the purpose of incorporating changes necessary to meet U.S. Department
of Housing and Urban Development(HUD)requirements for consortium agreements under
the applicable HUD notice of procedures for designation of consortia as a participating
jurisdiction for HOME; final responsibility for selecting and executing activities; ensuring
compliance with federal requirements and submitting to HUD the Consolidated Housing and
Community Development Plan(Consolidated Plan), Annual Action Plans, and related plans
and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair
Housing Action Plan. Nothing contained in this Agreement shall be construed as an
abdication of those responsibilities and obligations.
HOME Interlocal Agreement 1 of 5 2015-2017
The City agrees to cooperate fully with the County in the development and preparation of the
Consolidated Plan and related plans, and to prepare and provide those elements specifically
pertaining to the City.
4. This Agreement shall remain in full force and effect for the period necessary to plan and carry
out all activities that will be funded from HOME funds awarded for the 2015, 2016 and 2017
federal fiscal years, the three-year qualification period that coincides with the Agreement for
the Distribution and Administration of the King County Consortium's Community
Development Block Grant, or until the County's designation as a participating HOME
jurisdiction or an urban county is rescinded by the United States Department of housing and
Urban Development,whichever is shorter.
5. This Agreement will be automatically renewed for participation in successive qualification
periods of three federal fiscal years each.No later than the date specified by HUD's consortia
designation notice or HOME Consortia web page, King County shall notify each HOME
consortium member in writing of its right to decide not to participate in the Consortium for
the next qualification period, and King County will send copies of those written notices to the
HUD local field office by the date specified in the qualification notice. Unless the County or
the City provides written notice it wishes to amend the Agreement, or elects not to participate
in the new qualification period in writing to both King County and the HUD local field office
by the date set forth in the HUD qualification notice applicable to subsequent three-year
qualification periods,this Agreement shall automatically renew. Before the beginning of each
new qualification period, King County shall submit to HUD a statement of whether or not
any amendments have been made to this Agreement, a copy of each amendment, and if the
Consortium's membership has changed,the state certification required under 24 CFR,
Section 92.10 1(a)(2)(i). This automatic renewal provision will be void if King County fails to
submit a copy of each amendment to this Agreement as required under this automatic renewal
provision.
6. The City and the County agree to adopt any amendments to this Agreement other than the
incorporation of changes necessary to meet the requirements for cooperation agreements set
forth in the applicable HUD HOME consortia qualification notice for a subsequent three-year
qualification period, which King County as the lead entity shall act upon pursuant to Section
3 of this Agreement. King County shall submit any other amendments adopted by the City
and County to the HUD local field office by the applicable deadline.
7. During the term of this Agreement,neither the County nor the City may withdraw from
participation from their respective obligations under this Agreement.
8. By executing the HOME Agreement,the City understands that it may not participate in a
HOME consortium except through the County, regardless of whether the County receives a
HOME formula allocation.
9. This Agreement shall be executed in three counterparts, each of which shall be deemed an
original, by the chief executive officers of the County and the City,pursuant to the authority
granted them by their respective governing bodies. One of the signed Agreements shall be
filed by the County with the Region X office of HUD, one shall be filed with the City and
one shall be filed with the County. Prior to its taking effect,the fully executed Agreement
HOME Interlocal Agreement 2 of 5 2015-2017
**Moe
shall be riled with the County Auditor, or, alternatively, listed by subject on a'public agency's
web site or other electronically retrievable public source.
10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure
that no HOME funds are expended for activities that do not affirmatively further fair housing
within the boundaries of their jurisdiction or for activities that impede the County's actions to
comply with its fair housing certification. For purposes of this section, "affirmatively
furthering fair housing" includes participation in the process of developing an Analysis of
Impediments to Fair Housing Choice and a Fair lousing Action Plan. While King County
has the primary responsibility for the development of these reports to HUD pursuant to
Section 3 of this Agreement, upon request,the City shall provide assistance to the County in
preparing such reports.
11. Joint Recommendations Committee Composition. An inter jurisdictional Joint
Recommendations Committee ("JRC') shall be established through the 2015—2017
Consortium Interlocal Cooperation Agreement.
The JRC shall be composed of three county representatives and eight cities representatives.
The three county representatives shall be King County Executive staff with broad policy
responsibilities and/or department directors. County representatives shall be specified in
writing and, where possible, shall be consistently the same persons from meeting to meeting.
Four of the cities representatives shall be from non-entitlement consortium cities signing the
King County Consortimn Regular Interlocal Cooperation Agreement Regarding the
Community Development Block Grant(CDBG)Program, two from each sub-region, as
appointed by Sound Cities Association.
The remaining four cities representatives shall be from cities that qualify to receive CDBG
funds directly from HUD, but are signing a Joint Agreement Regarding the CDBG Program
and a HOME Program Agreement with King County; or receive their own CDBG grant
directly from HUD and signing a HOME Program-only Agreement with King County. These
latter four representatives shall have no vote on matters specific to the jurisdictions of the
King County Consortium Regular Interlocal Cooperation Agreement Regarding the CDBG
Program.
Two of the eight cities representatives shall be rotated among the HOME Program-only
Agreement Cities, and two of the eight cities representatives shall be rotated among the cities
signing a Joint Agreement Regarding the CDBG Program and a HOME Program Agreement.
Those four representatives will vote on issues affecting HOME Program Agreement Cities
that are specific to this Agreement.
For the HOME Program-only Agreement Cities' rotating positions,the HOME Program
Agreement Cities will notify the County by the end of the second week in February of each
year,who the two HOME Program-only Agreement City representatives will be for that year.
The chairperson and vice-chairperson of the JRC shall be chosen from among the members
of the JRC by a majority vote of the members for a term of one year beginning with the first
meeting of the calendar year. Attendance of five members shall constitute a quorum.
HOME Interlocal Agreement 3 of 5 2015-2017
1%000:
12. .1RC Appointments. The King County Executive shall appoint the three county
representatives. The participating cities of the King County Consortium Interlocal
Cooperation Agreement for the Community Development Block Grant Program shall provide
for the appointment of their shared representatives in a manner to be determined by those
cities through the Suburban Cities Association or other agreed-upon mechanism for the
execution of shared appointing authority. The Suburban Cities Association or other agreed
mechanism will select four jurisdictions of varying size from among those signing this
agreement, two from the north/east sub-region and two from the.south sub-region. The cities
representatives shall be elected officials, chief administrative officers, or persons who report
directly to the chief administrative officer and who have broad policy responsibilities; e.g.,
planning directors, department directors, etc. Members of the JRC shall serve for two years,
or at the pleasure of their respective appointing authorities.
13. Powers and Duties of the JRC. The JRC shall be empowered to:
a. Review and recommend to the King County Executive all policy matters concerning the
King County CDBG Consortium and HOME Program Consortium, including but not
limited to the Consolidated Plan and related plans and policies.
b. Review and recommend to the King County Executive the projects and programs to be
undertaken with King County CDBG Consortium funds and HOME Program Consortium
funds, including the Administrative Set-aside.
c. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly
from King County CDBG Consortium and HOME Program Consortium funded activities
over the three-year agreement period, so far as is feasible and within the goals and
objectives of the Consolidated Plan.
14. Advisory Committees to the JRC. In fulfilling its duty to review and recommend projects and
programs to be undertaken with HOME Program funds,the JRC shall consider the advice of
inter jurisdictional advisory committees. Sub-regional advisory committees,made up of one
representative from each participating jurisdiction in a sub-region that wishes to participate,
shall be convened to assist in the review and recommendation of projects and programs to be
undertaken in that sub-region. The JRC may also solicit recommendations from other inter-
jurisdictional housing and community development committees.
15. The City shall assist the County in developing the Consortium's HOME Program by
participating in development of the Consolidated Plan to accommodate both the collective
and individual housing objectives contained within local comprehensive plans or other
adopted plans of the City and the County.
16.The City and County shall each assign a staff person to serve as the primary contact for the
administration of this Agreement. The assigned contact person is responsible for
communicating relevant information to their respective jurisdiction.
17. This Agreement applies to the Consortium's acceptance of other federal housing-related funds
which may be allocated by formula to the Consortium. Allocation decisions for these funds
will be subject to policies and procedures developed by the advisory committees to the JRC
and adopted by the JRC.
HOME Interlocal Agreement 4 of 5 2015-2017
l 8. This Agreement is made and entered into for the sole protection and benefit of the parties
hereto and their successors and assigns. No other person shall have any right of action based
on any provision of this Agreement.
ICING COUNTY, WASHINGTON CITY OF
RENTON WA
for King County Executive By: Signature
_Adrienne Quinn Denis Law
Printed Name Printed Name
Director, Department of Community and
Human Services Mayor
Title Title
:11 'Z
Date Date
Approv*toorm: Approved as to Form:
OFFICCOUNTY CITY OF RENTON
PROSERNEY CITY ORNEY
Lawrence J. Warren
City Attorney
ATTEST:
CITY OF RENTON
Bonnie I. Walton
City Clerk F
C.,� O
%t 2
c, SEAL
qT fo'SEP
HOME Lnterlocal Agreement 5 of 5 2015-2017