HomeMy WebLinkAboutContract CAG-]4-096
.JOINT INTERLOCAL AGREEMENT
REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
11115AGRIiEMEN' is entered into by send between King County (hereinafter the "County„) and
the City of.--_... (hereinafter the "City")
said parties to this Agreement each being a unit ol'general local government_in the State of
Washington,
WITNESSETH:
WHEREAS, the federal government, through adoption and administration of the Housing and
Community Development Act of 1974 (the "Act"), as amended, will make available to King
County Community Development Block Grant funds, hereinafter referred to as "CI)BG", for
expenditure during the 2015,2016 and 2017 funding years; and
WHEREAS, the area encompassed by unincorporated King County and all participating cities,
has been designated by the United States Department of Housing and Urban Development
("HUD"), as an urban county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual
appropriation of CDBG funds based on formula, taking into consideration the social and
economic characteristics of the urban county; and
WHEREAS, the Act allows participation Of units of general government within an urban county
in undertaking activities that further the goals of the CDBG program within the urban county;
and
WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan
city becomes a part of the urban county for purposes of program planning and implementation for
the entire period of the urban county qualification, and for the CDBG program, will be treated by
HUD as any other unit of general local government that is a part of the urban county; and
WHEREAS, a metropolitan city or an urban county may be part of a consortium; and
WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a
consortium that includes other participating jurisdictions ("Consortium") to implement the terms
of this Interlocal Agreement; and
WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and
community development plan ("Consolidated Plan")by participating jurisdictions; and
WHEREAS, the County and the participating jurisdictions agree that it is mutually desirable and
beneficial to enter into a consortium arrangement pursuant to and authorized by the National
Affordable Housing Act of 1990, as amended,42 USC 12701 et. seq. and 24 CFR Part 92 for
purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME
Program," and to cooperate in undertaking HOME Program activities; and
CDBG Joint Interlocal Agreement 1 of 16 2015-2017
WH REAS, King('ounty and the pari.icipatiugjurisdictions agree that it is mutually desirable
and beneficial to enter into a consortium arrangement pursuantt to and authorized by the
Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, for purposes of
the Emergency Solutions Grant Program, hereinafter referred to as "ESC", and to cooperate in
undertaking ESG activities; and
WHEREAS, the County shall undertake CDBG, ESG and HOME Program-funded activities in
participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to
those jurisdictions and to other qualifying entities to darty out such activities, and
WHEREAS, the County is responsible to the federal government for all activities undertaken
with CDBG funds and shall ensure that all CDBG assurances and certifications King County is
required to submit to HUD with the Annual Action Plan are met; and
WHEREAS, the County and the City are committed to targeting CDBG, ESG and HOME
Program funds to ensure benefit for very low to moderate-income persons as defined by HUD;
and
WHEREAS, the County and the City recognize that needs of very low to moderate-income
persons may cross jurisdictional boundaries and therefore can be considered regional and sub-
regional needs as well as local needs; and
WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an
Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and
WHEREAS, the purpose of this Joint Interlocal Agreement,entered into pursuant to and in
accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the
distribution and administration of CDBG, ESG,HOME Program, and other federal funds
received on behalf of the Consortium from HUD, and for execution of activities in accordance
with and under authority of the Act:
NOW,THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES
AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS
AGREED THAT:
I. GENERAL AGREEMENT
The County and City agree to cooperate to undertake, or assist in undertaking, activities
which further the development of viable urban communities, including community
renewal and lower-income housing assistance activities, funded from annual CDBG, ESG
and HOME Program funds from federal fiscal years 2015,2016 and 2017 appropriations,
from recaptured funds and from any program income generated from the expenditure of
such funds. These activities include the provision of decent housing, homeless assistance,
and a suitable living environment and economic development opportunities,principally
for persons with very low to moderate incomes.
II. DEFINITIONS
CDBG Joint Interlocal Agreement 2 of 16 2015-2017
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A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as
described in Section V of this Agreement.
B. "CDBG Consortium Partners" means jurisdictions that are official HUD-
recognized participants in the. CDBG Consortium through a signed Interlocal
Agreement.
C. "Consolidated Plan" is the King County Consortium Consolidated Housing and
Community Development Plan, a HUD-required plan that identifies needs and
contains a strategic plan to guide the investment of HUD CDBG, HOME and ESC
funds for a multi-year period not to exceed five years.
D. "Entitlement amount" means the amount of funds that a metropolitan city is
entitled to receive under the Entitlement Grant Program as determined by formula
set forth in Section 106 of the Act.
E. "Program income"means gross income received by the City directly generated
from the use of City CDBG funds which includes income from the Housing
Repair Program projects within the City and a pro rata share of net income
generated from float loan activity. Pro rata calculations will use the amount in Il
(B)•
F. "Recaptured funds" means a fund balance that remains at the close of a project
activity, cancellation of an awarded project or a repayment of funds that is
required due to determination of ineligible activity by HUD, change of use from
original grant award or sale of property.
G. "New stand-alone capital project" means a project that requires the establishment
of a new HUD Integrated Disbursement&Information System ("IDIS") activity
number as opposed to an existing project where supplemental funding is being
added.
H. "Stand-alone public service project"means a project that has not been funded by
the sub-regional process utilized by those non-entitlement consortium cities
signing the King County Consortium Interlocal Cooperation Agreement for the
Community Development Block Grant Program in the applicable program year. A
City's stand-alone public service project may consist of more than one contract
with more than one agency, as long as only one HUD IDIS activity number is
required for the project activity, and the City submits all information,reports and
invoices to the County as one project activity.
I. "Joint Agreement Cities"means CDBG entitlement cities that choose to
participate in the King County CDBG Consortium for administration of CDBG
funds as a party to this Agreement.
III. GENERAL DISTRIBUTION OF FUNDS
The distribution of CDBG funds between the County and the City, as a participant in the
King County urban county consortium as a Joint Agreement partner, shall be governed by
the provisions below.
CDBG Joint Interlocal Agreement 3 of 16 2015-2017
A. Each year the County will retain, Iter all of the administration, planning and fund
management responsibilities of the County, in amount of the Administration and
Planning set-aside of the City's CI)BG entitlement equal to Fifty (50) percent of
the maximum amount allowable by HL)D for Administration and Planning. The
remaining fifty (50) percent of the maximum amount allowable by 1-IUD For
Administration and Planning will be allocated by the City and may be used to plan
and administer file City's CDBG projects in accordance with this Agreement. The
maximum amount currently allowed by HUD for the Administration and Planning
set-aside is twenty (20) percent of the City's CDBG entitlement plus twenty (20)
percent of program income. If the current maximum allowable percentage for
Administration and Planning is changed for the CDBG Program at the federal
level, the City and County may negotiate to change the percentage of funds
retained for administration, planning and fund management.
B, The County will retain an amount equal to two (2)percent of the City's CDBG
entitlement plus two (2) percent of program income each year for eligible project
management related costs for the implementation of capital projects funded by the
City. This amount may not be adequate to cover a subsequent capital project after
recapture of funds from a previous project, and will be negotiated between the
City and the County, based on the circumstances.
C. The Human Services Set-aside shall be the maximum allowable by HUD for
human services (currently fifteen (15)percent of the funds available from the
City's CDBG entitlement plus fifteen (15) percent of program income]. Five (5)
percent of the Human Services Set-aside shall be retained for Consortium-wide
public services addressing homelessness, as determined by the CDBG Consortium
partners and stakeholders pursuant to the current Consortium Consolidated Plan.
The remaining ten(10)percent will be available for public services as allocated
by the City in accordance with this Agreement.
D. Twenty(20)percent of the funds available from the City's CDBG entitlement plus
twenty (20)percent of program income shall be retained for the Consortium-wide
Housing Repair program. The JRC may periodically review and recommend
increases or decreases to this percentage if, in its judgment, there has been a
substantial change in the Consortium's overall funding or in the need for housing
repair that justifies an increase or decrease. The remaining capital funds will be
allocated by the City in accordance with this Agreement.
E. The balance of the City's entitlement and any remaining program income and
recaptured funds from city-funded projects, may be allocated to projects selected
by the City, provided they are consistent with the provisions of Section N below.
F. The CDBG Consortium Partners may propose King County Consortium CDBG,
ESG and HOME Guidelines, for approval by the JRC, to guide the Consortium
regarding details of program implementation, including, but not limited to,
funding guidelines,frequency of application processes, Consortium procedures
and goals for geographic equity in the distribution of funds over time,
CDBG Joint Innerlocal Agreement 4 of 16 2015-2017
10001
IV. USE OF FUNDS: GENERAL PROVISIONS
A. Funds shall be used to support the goals, ohjectiv"
, and strategies of'the King
County Consortium Consolidated Housing and Community Development Plan.
B. Funds shall be used in accordance with the;CDBG regulations at 24 ClIz Part
570, ESG regulations at 24 CFR Pat-( 576, HOME Program regulations at 24 Cl`R
Part 92, and all other applicable federal regulations.
C. The City agrees to a maximum of two new stand-alone capital projects per year
with a maximum of one pro'ject that may trigger Davis Bacon labor standards
annually. Capital funds not used for these stand alone capital proJects may be
allocated to sub-regional projects by the City unless returned by City to the sub-
regional fund. The City may be allowed to do one additional stand-alone capital
project in a given year, if there is a compelling reason, and the City secures
agreement from another Joint Agreement City that is only doing one project in the
applicable year, to loan the City their capacity for a second prQject.
D. Public Service funds. The City agrees to a maximum of four stand-alone public
service projects, which each require only one HUD IDIS activity number pet-
project each year. The City may have as many contracts with agencies as desired
for each project activity. Funds contributed to a sub-regional public service prqject
would not count as part of the four stand-alone projects in this Agreement.
E. No prqject funding minimum is established in this Agreement. Project minimums
that may be established by the JRC for the CDBG Consortium sub-regional
funding shall not be binding on the Joint Agreement cities.
F. Section 108 Loans. The City may participate in Section 108 Loan activity of the
Regular CDBG Consortium, and may initiate a request for the CDBG Consortium
to consider a Section 108 Loan of an amount larger than six times 60 percent of
the City's entitlement amount, but within the limits of JRC adopted CDBG
Guidelines, if the City participates in all other Section 108 Loans of the Regular
CDBG Consortium and pays an equitable percentage of any Section 108 Loans
that require repayment with CDBG funds. The Section 108 Loan request must be
reviewed and approved by the JRC.
If the City does not elect to participate with the Regular CDBG Consortium in
Section 108 Loans,then the City may approach the County to consider a Section
108 Loan of the limited amount of six times 60 percent of the City's entitlement
amount, with any potential loan repayment to be exclusively the responsibility of
the City, and with the workload required to execute the Section 108 Loan to be
negotiated between the City and the County on a per loan basis.
V. JOINT RECOMMENDATIONS COMMITTEE
An inter jurisdictional Joint Recommendations Committee ("JRC") was established
through the 2009—2011 CDBG Consortium Interlocal Cooperation Agreement and
through King County Code 24.13, and is hereby adopted as part of this Agreement.
CDBG Joint Interlocal Agreement 5 of 16 2015-2017
A. Composition--The i w, Im the Cl)BG, ESG and HOME Consortium is
composed of three county representatives and eight cities representatives.
L The three county representatives shall be King County Executive staff with
broad policy responsibilities and/or department directors. County
representatives shall be specified in writing and, where possible, shall be
consistently the same persons from meeting to meeting.
2. Four of the cities representatives shall be from those non-entitlement
consortium cities signing the King County Consortium Interlocal
Cooperation Agreement Regarding the Community Development Block
Grant Program, two from each sub-region.
3. The remaining four cities representatives shall be from cities that qualify
to receive CDBG or entitlement funds directly from HUD that are signing
either a Joint Agreement or HOME Program Agreement. These latter four
representative,-, shall have no vote on matters specific to the jurisdictions
of the King County Consortium Interlocal Cooperation Agreement
Regarding the Community Development Block Grant Program.
4. Two of the eight cities representatives shall be rotated among the CDBG
Joint Agreement Cities. The two representatives will vote on issues
affecting Joint Agreement Cities that are specific to this Agreement.
5. For the two Joint Agreement City rotating positions, the Joint Agreement
Cities will notify the County by the end of the second week in February of
each year, who the two Joint Agreement City representatives will be for
that year.
6. The chairperson and vice-chairperson of the JRC shall be chosen from
among the members of the JRC by a majority vote of the members for a
term of one year beginning with the first meeting of the calendar year.
Attendance of five members of the entire body of eleven members of the
JRC for the CDBG/HOME Consortium shall constitute a quorum for
voting matters in which all members of the JRC are eligible to vote. For
voting items of the Regular CDBG Consortium, in which only seven
members identified in sub-sections I and 2 of this section may vote,four
members shall constitute a quorum, made up of two King County
representatives and two city representatives.
B. The King County Executive shall appoint the three county representatives. The
participating cities of the King County Consortium Interlocal Cooperation
Agreement shall provide for the appointment of their shared representatives in a
manner to be determined by those cities through the Sound Cities Association or
other agreed-upon mechanism for the execution of shared appointing authority.
The Sound 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
CDBG Joint Interlocal Agreement 6 of 16 2015-2017
who report directly to the chief'administrative officer, who have broad policy
responsibilities; e.g., planning directors, department directors, etc. Members of the
JRC shall serve for two years, ora( the pleasure of their respective appointing
authorities.
C. Powers and Dutics—The JRC shall be empowered to:
1. Review and recommend to the King County Executive all policy matters
concerning the Consortium CDBG, ESG and HOME Programs, including
but not limited to the Consolidated Plan and related plans and policies.
2. Review and recommend to the King County Executive the projects and
programs to be undertaken with CDBG funds,ESG funds and HOME
Program funds, including the Administrative Set-aside.
3. Monitor and ensure that for all geographic areas and participating
jurisdictions that benefit from CDBG, ESG and HOME Prograrn funded
activities over time, so far as is feasible considering eligible applications
submitted within the goals, objectives and strategies of the Consolidated
Plan: 1) there is equity in distribution of funds pursuant to proportion of
the region's low to moderate-income population; and,2)equity is achieved
over time pursuant to Consortium Guidelines adopted by the JRC.
D. Advisory Committees to JRC—In fulfilling its duty to review and recommend
projects and programs to be undertaken with CDBG,ESG and HOME Program
funds, the JRC shall consider the advice of inter-jurisdictional advisory
committees. Sub-regional advisory committees, made up of one representative
from each participating jurisdiction in a sub-region that wishes to participate, shall
be convened to assist in the review and recommendation of projects and programs
to be undertaken in that sub-region. The JRC may also solicit recommendations
from other inter jurisdictional housing and community development committees.
CDBG Joint Interlocal Agreement 7 of 16 2015-2017
VI. RESPONSIBILITIES ANI) POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in this Agreement, the County as
the applicant and grantee for CDBG, ESG and HOME Program funds has
responsibility for and assumes all obligations in the execution of the CD13G, ESG
and HOME Programs, including final responsibility for selecting and executing
activities, ensuring compliance with federal requirements and submitting to HUD
the Consolidated Plan, Annual Action Plan, and related plans. Nothing contained
in this Agreement shall be construed as in abdication of those responsibilities and
obligations.
The County will bear responsibility for:
1. the HUD-related portions ol'program planning
2. preparing and submitting the Annual Action Plan and application to HUD
preparing and submitting amendments to the Annual Action Plan
3. setting Lip the projects in the [IUD IDIS system
4. preparing and submitting all other HUD-required planning documents
(Consolidated Plan and any amendments; the Analysis of Impediments to
Fair Housing Choice and the Fair Housing Action Plan; the Homeless
Continuum of Care Plan and the Homeless Management Information
System, the Lead Paint Hazard Reduction Plan; etc.)
5. working with Regular CDBG Consortium members and Joint Agreement
Consortium members to develop common guidelines, operating
procedures and/or best practices that will help clarify consortium processes
and facilitate coordination and strong working relationships.
B. The Metropolitan King County Council shall have authority and responsibility for
all policy matters, including the Consolidated Plan, upon review and recom-
mendation by the JRC.
C. The Metropolitan King County Council shall have authority and responsibility for
all fund allocation matters, including approval of the annual CDBG, ESG and
HOME Program Administrative Set-asides and appropriation of all CDBG,ESG
and HOME Program funds.
D. The King County Executive, as administrator of the CDBG,ESG and HOME
Program, shall have authority and responsibility for all administrative
requirements for which the County is responsible to the federal government.
E. The King County Executive shall have authority and responsibility for all fund
control and disbursements,
F. The King County Executive shall have the authority and responsibility to staff the
JRC and provide liaison between HUD and the Urban County Consortium.
County Executive staff shall prepare and present to the JRC evaluation reports or
recommendations concerning specific proposals or policies, and any other
material deemed necessary by the JRC to help it fulfill its powers and duties.
CDBG Joint Interlocal Agreement 8 of•16 2015-2017
G. King County Executive stal'I'shall have the authority and responsibility to
communicate and consult with the Join( Agreement City oil CDB(;, ESG and
HOME Program policy and program matters in a timely manner.
171, King County Executive stal'I'shall provide periodic reports on clients served by
.jurisdictions in the Housing Stability and Housing Repair programs and Oil the
status of CDBG, ESG and HOME Program i'unded projects and make them
available to all participating jurisdictions and the JRC.
1. King County Executive staff shall administer contracts and provide technical
assistance and monitoring, both in the development ol'viable CDBG, ESG Incl
HOME Program proposals and in complying with CDBG, ESG and HOME
Program contractual requirements.
J. King County Executive staff shall have environmental review responsibility Ior
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 of whether preparation of an environmental impact statement is
required. Additional environmental review costs may be charged directly to
individual project activity and will be addressed in the proposed project
application.
K. King County Executive staff shall implement City funded capital projects, except
City administered projects as noted below.
L. 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.
VH. RESPONSIBILITIES OF THE CITY
A. The City shall cooperate in the development of the Consolidated Plan and related
plans.
B. The City shall assign a staff person to be the primary contact for the County on
CDBG, ESG and HOME Program issues. The assigned CDBG, ESG and HOME
Program contact person is responsible for communicating relevant information to
others at the city.
C. The City will bear all responsibility for local annual program planning, using
financial projections that will be provided by the County.
The City will ensure:
1. that all selected projects (1) are an eligible activity, (2) meet a national
objective, and (3) are consistent with the goals, objectives and strategies of
the King County Consortium Consolidated Housing and Community
Development Plan and all applicable JRC Guidelines and Policies,
2. that the public participation requirements are met and documented and
will provide.certification of such to the County,
CDBG Joint Interlocal Agirement 9 of 16 2015-2017
3. that all requested information by the County will be submitted in a timely
manner that �Illows the County enough time to meet HUI) timelines, and
4. that the need for amendments to the annual Action Plan will be
minimized, and the City will observe deadlines For submitting Action Pian
rr►aterials pursuantto the CDBG Consortium's adopted guidelines.
1), The Joint.Agreement city and/or their funded agencies owning community
facilities or other-real property acquired or improved in whole or in part with
CDBG funds shall comply with use restrictions as required by HUD and as
required by any relevant policies adopted by the JRC.
1. During the period of the use restriction, the City shall notify County prior
to any modification or change in the use of real property acquired or
improved in whole or in part with CDBG funds. This includes any
modification or change in use from that planned at the time of the
acquisition or improvement, including disposition.
2. During the period of the use restriction, if the City property acquired or
improved with CDBG funds is sold or transferred for a use which does not
qualify under the applicable regulations, the City shall reimburse the
County in an amount equal to the current fair market value(less any
portion thereof attributable to expenditures of funds other than CDBG
funds).
3. The City will inform any agency awarded capital funding of the
requirement for security documents to be recorded for each capital project
activity in accordance with execution of a contract between the awarded
agency and the County, and will inform the agency that the County will
incorporate the security requirement into the contracting process.
E. City staff shall implement CDBG-funded projects within the program year and
submit both vouchers and required reports to the County in a complete and timely
manner. Prior to the first and last payment on capital projects exclusive of
Housing Repair, acquisition and Community Based Development Organization
projects,pre-approval must be received from County staff that federal labor
requirements have been met.
F. City legislative bodies shall approve or disapprove via motion or resolution all
CDBG activities,locations, and allocations submitted by Joint Agreement City
staff.
G. The City will be responsible for subcontracting with third parties for services
provided by a Community Based Development Organization for employee
development services; and for public service and city managed projects, except for
labor standards and relocation where responsibility will be shared with the County
(see below). If federal requirements have an unforeseen budget implication(for
example, if the City has not foreseen the need for relocation)the City will be
responsible for the increased budget.
CDBG Joint Interlocal Agreement 10 of 16 2015-2017
H. The City shall fulfill to the County's reasonable satisfaction all relevant
requirements of icderal laws and regulations that apply to King County as
applicant, including assurances and certifications described below.
1. The City certifies thatit has adopted and is enforcing:
1. a policy that prohibits the use of excessive fierce by law enforcement
agencies within its,jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
2. it policy that enforces applicable state and local laws against physically
barring entrance to or exit. from a facility or location which is the subject
of nom-violent civil rights demonstrations within jurisdiction.
J. Pursuant to 24 CFR 570.501(b), the City is subject to the same requirements
applicable to subrecipients when they receive CDBG funds to implement an
activity. The applicable requirements include, but are not:limited to, a written
agreement with the County that complies with 24 CFR 570.503 and includes
provisions not limited to: statement of work; records and reports; program
income; uniform administrative items; other program requirements; conditions for
religious organizations; suspension and termination; and reversion of assets.
K. The City understands that it may not apply for CDBG grant entitlement funds
from HUD for the period of participation in this Agreement.
L. The City in its participation in the CDBG urban county consortium through this
Interlocal Agreement understands that it is also part of the Urban County for the
HOME Program and that it may not participate in a HOME consortium except
through the Urban County,regardless of whether the Urban County receives a
HOME formula allocation; and also understands that the city is part of the urban
county for the ESG Program and may only receive a formula allocation for ESG
through the urban county consortium.
M. When undertaking activities and/or projects with CDBG funds distributed under
this Agreement, the City shall retain full civil and criminal liability as though
these funds were locally generated.
N. The City retains responsibility in fulfilling the requirements of the State
Environmental Policy Act under which County shall have review responsibility
only.
VIII. SHARED.RESPONSIBILITY
A. Federal Labor Standards:
1. The County will determine appropriate wage rates for inclusion in the
construction bids and contracts, and hold preconstruction conferences with
contractors, which City staff will also be required to attend.
2. The County will be responsible for reviewing and approving weekly
certified contractor payrolls (wage rates,benefits,proper apprentice-
journey ratios, etc.). The County will complete a review of initial payrolls
CDBG Joint Interlocal Agreement 11 of 16 2015-2017
NOW *4100,
submitted to County stal'I'within 10 working business days of receipt frons
the contractor or lltc City before payment will he made by the contracting
agency.
3. The County will enforce contractor compliance with federal labor
standards if the City waits to pay first and last construction draws until
after the County approves the certified payrolls. If the City pays before the
County Approves, the City will be responsible for any compliance
problems.
4. The County will be responsible for submitting information for the semi-
annual contractor/subcontractor report and the Section 3 report to HUD.
5. The County will provide technical assistance to identify Davis-Bacon
issues during the application process.
6. The County will handle non-compliance issues provided the above
requirements are met.
B. Uniform Relocation Act/Barney Frank:
1. The City is responsible for identifying proposed projects that may trigger
relocation and replacement housing requirements, and for budgeting
sufficient funds in the project upfront to address these issues.
2. The County will provide advice and technical assistance if consulted ahead
of time and will handle any necessary relocation processes.
3. The City and/or funded agency will be responsible for any unforeseen
relocation costs. Any unresolved relocation cost will be charged against
the City's grant amount after due diligence is completed in collecting
payment of funds from the funded agency.
C. Financial/Fund Management:
The County will be responsible for contracting with HUD for the grant funds;
recording and tracking loan repayments and other program income; determining
funds available under the caps; setting up and drawing down from IDIS;paying
vouchers submitted by the city; doing budget revisions upon amendment;
reconciling balances,program income, and funds available for carry over or
reallocation at year's end; tracking overall expenditure rate; financial reporting to
HUD,etc.
D. Reporting:
1. The City will report accomplishments to the County on each of their
public service and stand alone projects.
2. The County will prepare all required reports to HUD, including, but not
limited to: Consolidated Housing and Community Development Plan,
Action Plan, Consolidated Annual Performance and Evaluation Report
("CAPER"), semi-annual reports on contracting/subcontracting, Section 3,
Davis Bacon and labor standards, Analysis of Impediments to Fair
CDBG Joint Interlocal Agreement 12 of 16 2015-2017
Housing,Choice and lair Housing Action Plan,-rind quarterly V-Weral Cash
Transaction Reports,
3. The County will report quarterly on capital project status and on housing
repair activity. The )-lousing Stability Program report will be prepared and
reviewed twice a year, with updates provided, as warranted, on the
geographic location of clients served.
E. Monitoring:
1. The City will annually monitor the agencies with which it subcontracts to
ensure compliance with all federal, state and county requirements
associated with CDBG funding with an on-site monitoring visit not less
than every two years.
2. The County will monitor the City (and may monitor selected
subcontracting agencies). County will be monitored by HUD, the State
Auditor, and by the HUD inspector General.
3. County staff'will communicate with City staff at least quarterly to send
relevant reports, monitor, provide technical assistance, and discuss capital
project status. County and City staff will determine, collectively, if a face-
to-face meeting is required from time to time.
F. The City will provide the County all information necessary from its application
process for contracting and implementation purposes for all other stand-alone
capital projects.
G. City staff may participate in other Consortium-wide planning activities envisioned
in the Consolidated Plan such as Inteijurisdictional Advisory Group meetings
regarding the HOME Program, Housing Stability Program,Regional Affordable
Housing Program ("RAHP") and other regional and sub-regional processes.
H. The City and County understand that they may not sell,trade or otherwise transfer
all or any portion of the urban county consortium CDBG funds to another
metropolitan city, urban county unit of general local government,Indian tribe, or
insular area that directly or indirectly receives CDBG funds in exchange for any
other funds, credits or non-Federal considerations,but must use such funds for
activities eligible under Title I of the Act.
IX. GENERAL TERMS
A. This Agreement shall extend through the 2015,2016 and 2017 program years,
and shall remain in effect until the CDBG funds, ESG funds, Home Program
funds and program income received with respect to activities carried out during
the three-year qualification period are expended and the funded activities
completed. This Agreement shall be automatically renewed for participation in
successive three-year qualification periods,unless the County or the City provides
written notice that it wishes to amend this Agreement or elects not to participate
in the new qualification period by the date set forth by the United States
CDBG Joint Interlocal Agreement 13 of 16 2015-2017
Department of Housing and Urban Development (HUD) in subsequent Urban
County Qualification Notices. By the date specified in (-IUD's Urban County
Qualification Notice for the ilex( qualification period, King County will notify
each participating city in writing of its right. not to participate, and a copy of King
County's written notification will he sent to HUD by the date specified in the
urban county qualification schedule, Each party to this Agreement.must adopt
amendments necessary to meet.the requirements for cooperation agreements as set
forth in the Urban County Qualification Notice applicable l'or a subsequent three-
year county qualification period, and to submit such amendment to HUD, as
provided in the notice. Failure to comply with the notice will void the automatic
renewal for such qualification period.
B. Pursuant to 24 CFR Part 570.307(d)(2),during the period of qualification no
included unit of general local government may terminate or withdraw from the
cooperation agreement while it remains in effect.
C. It is understood that by signing this Agreement, the City shall accept and agree to
comply with the policies and.implementation of the King County Consortium
Consolidated Plan.
D. Parties to this Agreement must take all required actions necessary to assure
compliance with King County's certification under Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, regarding Title
VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair
Housing Act as amended, affirmatively furthering fair housing, Section 109 of
Title I of the Housing and Community Development Act of 1974, as amended,
which incorporates Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and
other applicable laws.
E. City agrees to affirmatively further fain housing and will ensure that no CDBG,
ESG or HOME Program funds shall be expended for activities that do not
affirmatively further fair housing within its jurisdiction or that impede the
County's actions to comply with its fair housing certification. For purposes of this
section, "affirmatively furthering fair housing" includes participation in the
process of developing an Analysis of Impediments to Fair Housing Choice and a
Fair Housing Action Plan. While King County has the primary responsibility for
the development of these reports to HUD pursuant to Section VI(A) of this
Agreement, upon request, the City shall provide assistance to the County in
preparing such reports. The City acknowledges that the urban county consortium
is prohibited from funding activities in, or in support of, any cooperating unit of
general local government that does not affirmatively further fair housing within its
own jurisdiction or that impedes the county's actions to comply with the county's
fair housing certification.
F. Parties to this Agreement agree to negotiate in good faith any issues that may arise
that are not specifically addressed by this Agreement.
CDBG Joint interlocal Agreement 14 of 16 2015-2017
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C�. 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 he filed by the County with the Region X office of
HUD, one shrill be filed with the City and one shall be filed with the County. Prior
to its taking effect, the fully executed Agreement shall be filed with the County
Auditor, or, alternatively, listed by subject on a public agency's web site or other
electronically retrievable public source.
1-l. It is recognized that amendment to the provisions of this Agreement may be
appropriate, and such amendment shall take place when the parties to this
Agreement have executed a written amendment to this Agreement.
CDBG Joint Interlocal Agreement 15 of 16 2015-2017
1. This Agreement is made Intl entered into for the sole protection and benefit of the
p<u•Ges hereto and their successors and assigns. No other person shall have any
right of action based on any provision of this Agreement.
KING COUNTY, WASHINGTON CITY Oh
RENTON
for King Coun y Executive 13y: Signature
Adrienne Quinn Denis Law
Printed Name Printed Name
Director, Department o1'Community and
Human Services Mayor
Title Title _--
Date Date
Approv d a t Form: Approved as to Form:
OFFIC O KING COUNTY CITY OF RENTON
PROSE U 'I NEY CITY ORNEY
(j- Lawrence J. Warren
City Attorney
ATTEST:
CITY OF RENTON
Bonnie I. Walton
City Clerk O'
CDBG Joint Interlocal Agreement 16 of 16 2015-2017