HomeMy WebLinkAbout4541
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ORDINANCE NO. 4 5 4 1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLEIUC OF THE CITY
OF AUBURN TO EXECUTE A SERVICE AGREEMENT FOR THE DISTRIBUTION
4 AND ADMINISTRATION OF CERTAIN WASHINGTON m:PARTMENT OF
COMMUNITY DEVELOPMENT GRANT FUNDS UNDER THE STATE OF
5 WASHINGTON GROWTH MANAGEMENT ACT OF 1990.
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WHEREAS, the Washington State LegislaturE! passed the
Growth Management Acts of 1990 and 1991 which require all
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jurisdictions in King County to prepare comprehensive plans
consistent with new State guidelines; and
WHEREAS, the Act requires that jurisdictions' plans to be
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consistent; and
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WHEREAS, the 1991 Growth Management Act requires the
adoption of countywide planning pOlicies in 1992; and
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WHEREAS, the Legislature appropriated funds to assist
local governments in implementing the 1990 and 1991 Growth
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Management Acts; and
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WHEREAS, the Department of Community Development (DCD)
has allocated $2,290,066 to King County gen1eral purpose
governments
provided
that
60%
of
those
governments
representing 75% of the County's population agree to the grant
distribution formula and a joint regional strate9Y for growth
management activities; and
WHEREAS, the City Council has approved by RE!solution No.
2159 the elements required to accept 1990-·1991 Growth
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Ordinance No. 4541
January 22, 1992
Page 1
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1 Management Act grant funds and to approve êln interlocal
2 agreement with King county regarding the distribution of those
3 funds; and
4 WHEREAS, the city is authorized under RCW 39.34 to enter
5 into interlocal agreements; and
6
WHEREAS,
King County Liaison Group, an
group of planning, publÜ:: works and
has recommended a grant distribution
the
7 interjurisdictional
8 finance officials,
9 formula and Joint Regional strategy for 1992.
10 NOW, THEREFORE, THE CITY COUNCIL OF THE CI~~Y OF AUBURN,
11 WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. To be eligible to apply for 1991-1992 Growth
13 Management Act Funds, the City agrees to:
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A.
Authorize the Mayor and City Clerk of the City of
Auburn, Washington, to sign an interlol::al agreement
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with King County regarding the distribution of 1991-
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1992
Growth
Management
Act
grant
funds,
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substantially in the form of Attachment "A" which is
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attached hereto and incorporated herein and which
includes Attachments 1, 2 and 3 thereto;
B.
Participate and provide information and data as
requested to accomplish the 1992 Joint Regional
Strategy as delineated in Attachment 1 ·to Attachment
"A";
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Ordinance No. 4541
January 22, 1992
Page 2
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C.
The grant allocation formula which reserves $332,000
for
region-wide
efforts
and
rElduces
each
jurisdiction's allocation by 14.5% frOD! the 1990-91
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formula of $35,000 base and per capit:a allocation
based on the jurisdiction's share of the total
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county population as referenced in Attachment 2 to
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Attachment "A";
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D.
Designate the King County Liaison Group,
an
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interjurisdictional group of planning, public works
finance
officials,
and
coordinate
to
the
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interjurisdictional work in the JClin Regional
strategy as referenced in Attachment 3 1:0 Attachment
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"A"; and
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E.
Designate King County as the fiscal algent to: (1)
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submit the application to DCD for 1991-92 Growth
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Management
on
Act
grant
funds
behalf
of
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participating jurisdictions; (2) receive DCD grant
funds; and (3) distribute funds to :iurisdictions
according to the approved allocation fo]~ula.
section 2. The Mayor is hereby authorized to implement
21 such administrative procedures as may be necessary to carry
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22 out the directives of this legislation.
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Ordinance No. 4541
January 22, 1992
Page 3
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PASSED:
INTRODUCED:
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APPROVED:
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12 ATTEST:
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~())~
Robin Wohlhueter,
city Clerk
18 APPROVED AS TO FORM:
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Jt~R.~~
City Attorney
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24 PUBLISHED: c!2 -c:¡~
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Ordinance No. 4541
January 22, 1992
Page 4
/Mi2~/
MAYOR
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CITY CLERK·S OFFICE
CITY OF AUBURN
25 West Main
Aubum, WA 9@¡WI :HMENT A
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A SERVICE AGREEMENT FOR THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN 8
WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT GRANT FUNDS UNDER THE STATE OF ~
WASHINGTON GROWTH MANAGEMENT ACT OF 1990
THIS AGREEMENT, signed this ?xd day of ~M./Õ
199 ~ by and between King County and the City/f.ÐWR of
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Auburn
("the Municipal Jurisdiction").
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WHEREAS, the Washington State legislature passed the Growth Management
Act of 1990 and 1991 (Chapter 17), hereinafter referred to as "the Act," which
requires all jurisdictions in the County of King to prepare comprehensive ~
plans consistent with new guidelines; and 8
WHEREAS, the Act requires that jurisdictions prepare these plans in
cooperation with neighboring units of general government; and
WHEREAS, the State of Washington through the adoption and administration
of the Act will make funds available to local jurisdictions through the State
of Washington Department of Community Development, hereinafter referred to as
DCD, for expenditure during the 1991-1992 funding years; and
WHEREAS, the Act directs DCD to establish funding levels for planning
and technical assistance grants for counties and cities that plan under this
Act and DCD has allocated approximately $2.29 million dollars to King County
jurisdictions; and
WHEREAS, King County and the municipal jurisdictions within King County
have been designated together as a county region by DCD for the purpose of
receiving DCD funds; and
WHEREAS, DCD requires King County and the municipal jurisdictions within
King County to develop a regional work program, hereinafter referred to as a
"Joint Regional Strategy," for the 1992 calendar year and beyond for implemen-
tation of the Act and for the purpose of receiving DCD funds and to designate
an institutional framework to coordinate the accomplishment of the Joint
Regional Strategy; and
WHEREAS, DCD requires King County and the municipal jurisdictions within
King County to develop an allocation formula for receipt of the DCD grant
funds within the county region and designate a fiscal agent to receive and
distribute DCD funds according to the approved allocation formula; and
WHEREAS, DCD requires that the Joint Regional Strategy and allocation
formula be approved by 60% of legislative authorities of the county and
municipal jurisdictions within King County representing 75% of the total
population of King County; and
WHEREAS, only King County and municipal jurisdictions which have adopted
the Joint Regional Strategy and have agreed to the allocation formula by
resolution, motion, or ordinance will be eligible to receive DCD grant funds;
and
WHEREAS, in 1991 King County and municipal jurisdictions entered into
interlocal agreements for the distribution of 1990-1991 DCD Growth Management
Act grant funds which included approving a 1991 Joint Regional Strategy and
grant allocation formula; and
WHEREAS·, the King County Liaison Committee, which consists of Planning
Directors, Public Works Directors and Finance Directors representing King
County, the City of Seattle, and other municipal jurisdictions within King
County, recommends the Joint Regional Strategy and the grant allocation
formula contained herein; and
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WHEREAS, King County has entered into a contract with DCD to serve as
fiscal agent for the distribution of grant funds among King County and the
municipal jurisdictions within King County; and
WHEREAS, in November 1991 the King County Council through the adoption
of Ordinance #10182, Section 76, appropriated DCD funds for distribution to
Kin9 County and the municipal jurisdictions within King County for the 1991-
1992 funding year; and
WHEREAS, Kin9 County and the Municipal Jurisdiction enter into this
Agreement pursuant to and in accordance with the State Interlocal Cooperation
Act, RCW Chapter 39.34, for the purpose of distributing and administrating DCD
funds and for the execution of activities in accordance with and under author-
ity of the Act;
NOW, THEREfORE, IN CONSIDERATION Of THE fOREGOING CIRCUMSTANCES AND IN
CONSIDERATION Of THE MUTUAL PROMISES HEREIN, IT IS AGREED THAT:
I. GENERAL AGREEMENT
King County and the Municipal Jurisdiction agree to comply with the
provisions of the "Joint Re9ional Strate9Y," which is attached hereto as
Attachment 1 and is incorporated herein as is fully set forth, by under-
taking growth management activities, including coordination of planning
efforts to achieve consistency, the development of a public participa-
tion process, and undertaking other coordinated planning activities as
specified in the Growth Management Act of 1990 and 1991.
II.
ENTITLEMENT
The parties agree that the allocation of funds appropriated by the State
of Washington Department of Community Development ("DCD") among King
County and the municipal jurisdictions within Kin9 County shall be
governed by the following provisions as outlined in the Grant Allocation
formula, which is attached hereto as Attachment 2 and is incorporated
herein as is fully set forth:
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A. By entering this Agreement the Municipal Jurisdiction is eligible
to receive a direct share, hereinafter referred to as a pass-
through, of DCD funds as calculated in the Grant Allocation
formula, which is based on the following principles:
1. Of the total DCD grant to King County, $332,000 shall be
reserved for county-wide efforts. This results in the
Municipal Jurisdiction Share calculated under subsections
A.2 and A.3 below being reduced by fourteen and one-half
percent (14.5~).
2. The pass-through shall include a minimum amount of $35,000.
3. The remainder of the funds shall be allocated on a per
capita basis based on a proportional distribution of total
population with Kin9 County as determined in the April 1991
estimate by the State of Washington Office of financial
Management.
4. If the Municipal Jurisdiction is partially within King
County and partially within an adjacent county, it shall
have its base amount adjusted based on the proportion of its
population which is located in King County.
B. Kin9 County shall distribute any unallocated funds in the same
manner as described in paragraph II(A)(2) above or in another
manner approved by King County and a minimum of nineteen (19)
municipal jurisdictions within King County. Together the popula-
tion of unincorporated King County and the approving municipal
jurisdictions must represent 75~ of the total population of King
County.
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C. This Agreement is contingent upon the adoption of a resolution,
motion, or ordinance by the Municipal Jurisdiction approving the
Joint Regional Strategy and Grant Allocation Formula for DCD grant
funds and of a munIcipal work program which outlines the Municipal
Jurisdiction's implementation of the Act or the Joint Regional
Strategy.
III. REIMBURSEMENT PROVISIONS
The parties agree that King County is the designated fiscal agent for
the distribution of DCD funds under the terms of this Agreement. Within
ten (10) business days after receiving each quarterly warrant from DCD,
King County shall issue a warrant to the Municipal Jurisdiction for an
amount equal to one quarter (to the nearest dollar) of the total amount
the Municipal Jurisdiction is entitled to receive according to the Grant
Allocation Formula.
IV. USE OF FUNDS: GENERAL PROVISIONS
A. Funds provided to the Municipal Jurisdiction under this Agreement
shall be used solely for activities undertaken to fulfill the
requirements of the Act and to implement the Joint Regional
Strategy.
B. The Municipal Jurisdiction agrees to conduct the appropriate
citizen participation activities as required by the Act, Section
14. Such activities shall include the broad dissemination of
proposals and alternatives, opportunity for written comments,
public meeting after effective notice, provisions for open discus-
sion, communication programs, information services, and considera-
tion of and response to public comments.
V.
ROLE OF THE LIAISON GROUP
The parties agree that the King County Liaison Group (Attachment 3),
which consists of the planning directors, public works directors, and
finance directors or their designees from King County, the City of
Seattle. and other municipal jurisdictions within King County. shall
serve as a Joint forum for the review and recommendation of policy
matters and state requirements to the legislative authorities of King
County and the municipal jurisdictions within King County. The parties
hereby agree that the Liaison Group shall prepare for DCD an annual
regional progress report which describes accomplishments of the Joint
Regional Strategy.
VI.
RESPONSIBILITIES AND POWERS OF THE MUNICIPAL JURISDICTION
The Municipal Jurisdiction shall have the following responsibilities and
powers:
A. The Municipal Jurisdiction shall propose to its legislative
authority a local work program which includes an examination of
its role in recognizing and addressing regional or county-wide
needs through a coordinated funding approach with King County and
other municipal jurisdictions.
B. The Municipal Jurisdiction shall prepare an annual progress report
in accordance with the primary objectives and requirements of the
Act, Section 19. The Municipal Jurisdiction's annual progress
report shall be sent to the Office of the Manager, King County
Planning and Community Development Division, 707 Smith Tower
Building, 506 Second Avenue, Seattle, Washington 98104.
C. The Municipal Jurisdiction shall exercise its discretion in deter-
mining the use of its pass-through funds in a manner consistent
with the Act and the Joint Regional Strategy including the Munici-
pal Jurisdiction's local policies.
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O. The Municipal Jurisdiction agrees to propose to its legislative
authority activities and budgets for inclusion in the implementa-
tion of the Joint Regional Strategy.
E. The Municipal Jurisdiction shall send representatives to partici-
pate actively in technical forums for the purpose of accomplishing
the Joint Regional Strategy.
F. The Municipal Jurisdiction shall prepare and submit to King County
for transmittal to OCO a short written description of high prior-
ity growth management work program projects upon which the Munici-
pal Jurisdiction intends to begin work during the period between
July 1, 1991 and June 30, 1992. This description shall include
reference to work program projects which implement the Joint
Regional Strategy.
G. The Municipal Jurisdiction undertaking activities and/or projects
with OCO funds distributed under this Agreement retains full civil
and criminal liability as though these funds were locally gener-
ated.
H. The Municipal Jurisdiction shall fully comply with the State
Environmental Policy Act.
I. The Municipal Jurisdiction shall maintain accounts and records,
including personnel, property, fInancial, and programmatic
records, and other such records as deemed necessary, to ensure
proper accounting for all project funds and compliance with this
Agreement. All such records shall sufficiently and properly
reflect all direct and indirect costs of any nature expended and
services provided in the performance of this Agreement. These
records shall be maintained until June 30, 1994, unless a longer
retention period is required by law.
VII. RESPONSIBILITIES AND POWERS OF KING COUNTY
King County, by and through its employees, agents, and representatives,
agrees to:
A. Obtain and present to the liaison Group all applicable State and
OCO policy guidelines, special conditions, and format requirements
related to the implementation of the Joint Re9iona1 Strategy and
related to the administration of the grant funds distributed
pursuant to the Act, Section 20.
B. Prepare and present to OCO the annual progress report regarding
the implementation of the Joint Regional Strategy as required by
DCD pursuant to the Act, Section 19.
C. Identify supplemental sources of funding to increase the ability
of Kin9 County and the municipal jurisdictions within Kin9 County
to carry out effective growth management activities.
D. Prepare reports, organize meetings and technical forums/work
groups as needed for the liaison Group to assist in the implemen-
tation of the Joint Regional Strategy.
VIII. GENERAL TERMS
A. This Agreement for the 1991-1992 fund distribution shall be effec-
tive July 1, 1991 through June 30, 1992. The parties acknow1edge,
however, that commitments to accomplish the Joint Re9iona1 Strat-
egy do not terminate with this Agreement. The parties agree to
use their best efforts to work with DCO to secure additional
funding beyond the 1991-1992 funding period and to execute subse-
quent a9reements.
B. The King County Council throu9h the adoption of Ordinance #101B2,
Section 76 appropriated OCO funds for distribution to King County
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and the municipal jurisdictions within King County for the 1991-
1992 funding year;
C. It is recognIzed that amendments to this Agreement may become
necessary, and such amendment shall take place only when the
parties have executed a written addendum to this Agreement.
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IX. EVALUATION ANO MONITORING
A. The records and documents with respect to all matters covered by
this Agreement shall be subject to inspection, review, or audit by
King County so authorized or as requested by DCD during the
performance of this Agreement and until June 30, 1994, unless a
longer retention period is required by law.
The Municipal Jurisdiction agrees to cooperate with any monitoring
or evaluation activities conducted by King County that pertain to
the subject of this Agreement. The Municipal Jurisdiction agrees
to allow King County, DCD, the State Auditor, and/or any of their
employees, agents, or representatives to have full access to and
the right to examine during normal business hours and as often as
King County may deem necessary, all of the Municipal Jurisdic-
tion's records with respect to all matters covered by this Agree-
ment. King County and/or any of its employees, agents, or repre-
sentatives shall be permitted to audit, examine, and make excerpts
or transcripts from such records and to make audits of all
invoices, materials, payrolls, and record of matters covered by
this Agreement. King County will give advance notice to the
Municipal Jurisdiction in the case of fiscal audits to be
conducted.
B.
The results and records of said evaluation shall be maintained and
disclosed in accordance with RCW Chapter 42.17.
X. HOLD HARMLESS
C.
A. King County assumes no responsibility for the payment of any
compensation, wages, benefits, or taxes to or on behalf of the
Municipal Jurisdiction, its employees, or others by reason of this
Agreement. The Municipal Jurisdiction shall protect, indemnify
and save harmless King County, its officers, agents, and employees
from and against any and all claims, costs, and losses whatsoever
occurring or resulting from (I) the Municipal Jurisdiction's
failure to pay any such compensation, wages, benefits, or taxes;
and (2) the supplying to the Municipal Jurisdiction of work,
services, materials, or supplies by municipal employees or others
in connection with or in support of the performance of this Agree-
ment.
B. The Municipal Jurisdiction further agrees that it is financially
responsible for and shall repay King County all indicated amounts
following an audit exception which occurs due to the neglIgence,
intentional acts or failure for any reason to comply with the
terms of this Agreement by the Municipal Jurisdiction, its offi-
cers, employees, agents, or representatives. This duty to repay
King County shall not be diminished or extinguished by the prior
termination of this Agreement pursuant to Section VIII or Section
IX.
C. The Municipal Jurisdiction shall protect, defend, indemnify, and
save harmless King County and the State of Washington, their offi-
cers, employees, and agents from any and all costs, claims, judg-
ments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of the Municipal
Jurisdiction, its officers, employees, or agents. The Municipal
Jurisdiction agrees that its obligations under this subparagraph
extend to any claim, demand, or cause of action brought by or on
behalf of any employee of the Municipal Jurisdiction against King
County, its officers, agents, or employees, and includes any judg-
ment, award, and cost arising therefrom, including attorney fees.
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King County shall protect, defend, indemnify, and save harmless
the Municipal Jurisdiction, its officers, employees, and agents
from any and all costs, claims, judgments, or awards of damages,
arising out of or in any way resulting from the negligent acts or
omissions of King County, its officers, employees, or agents.
King County agrees that its obligations under this subparagraph
extend to any claim, demand, or cause of action brought by or on
behalf of any employee of King County against the Municipal Juris-
diction, its officers, agents, or employees, and includes any
judgment, award, and cost arising the~efrom, including attorney
fees.
Claims shall include, but not be limited to, assertions that the
use or transfer of any software, book, document, report, film,
tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement or any copyright, patent,
trademark, trade name, or otherwise results in unfair trade
practice.
D. The Municipal Jurisdiction shall provide King County with evidence
of general liability insurance with limits of no less than $1
million per occurrence to provide coverage for claims for injuries
to persons or damages to property which may arise from, or in
connection with the performance of work hereunder by the Municipal
Jurisdiction, its agents, representatives, employees, or subcon-
tractors. If the Municipal Jurisdiction is self-insured for this
requirement, a certification of self-insurance shall constitute
compliance with this section.
XI. TERMINATION
This Agreement may be terminated without cause by King County, in
whole or in part, prior to the date specified in Section VIII,
upon thirty (30) days advance written notice of the termination to
the Municipal Jurisdiction.
If at any time during the term of this Agreement, either (I) the
State of Washington terminates King County's DCD grant status, or
otherwise acts to terminate, reduce, modify, or withhold its grant
funding to King County, or (2) any necessary appropriations of
funds for the Municipal Jurisdiction are not made to King County
by the State of Washington, or are revoked or withheld, or (3) the
King County Council does not appropriate DCD funds for distribu-
tion to the Municipal Jurisdiction, then King County may terminate
this Agreement upon giving twenty (20) days' written notice to the
Municipal Jurisdiction. The parties acknowledge that, except as
otherwise specifically provided for herein, King County shall in
no event be responsible for the payment of any funds to the Munic-
ipal Jurisdiction. King County, as the official fiscal agent,
shall have the authority and responsibility to ensure that upon
termination of this Agreement, any remaining DCD funds are made
available in the manner described in paragraph II(C) above and in
accordance with state regulations, or returned to DCD.
C. Nothing herein shall limit, waive, or extinguish any right or
remedy provided by this Agreement or law that either party may
have in the event that the obligations, terms, and conditions set
forth in this Agreement are breached by the other party.
A.
B.
XII. REDUCTION OF FUNDS
In the event that there is a reduction of funds by the State of Washing-
ton or DCD, and if such funds are the basis for this Agreement, then
King County may unilaterally terminate all or part of this Agreement, or
King County and the Municipal Jurisdiction may reduce their respective
scopes of work or budgets under this Agreement.
XIII. SEVERABILITY
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In the event any term or condition of this Agreement or application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this
Agreement which can be given effect without the invalid term, condition
or application. To this end the terms and conditions of this Agreement
are declared severable.
XIV. RECAPTURE PROVISION
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A. In the event that DCD elects to recapture funds from either King
County or the Municipal Jurisdiction for failure to expend grant
funds in accordance with state law and/or the provisIons of this
Agreement, King County reserves the right to recapture such funds
on behalf of DCD in an amount equivalent to the extent of noncom-
pliance.
B. Such right of recapture shall exist for a period not to exceed
three (3) years following termination of this Agreement. Repay-
ment by the Municipal Jurisdiction of such funds under this recap-
ture provision shall occur within thirty (30) days of demand.
Funds recaptured by King County shall be returned to DCD. In the
event that King County is required to institute legal proceedings
to enforce the recapture provision, or is required to participate
in legal proceedings as a result of the Municipal Jurisdiction's
noncompliance with the provisions of this Agreement, or is
required to reimburse the State of Washington for the cost of
legal proceedings, then King County shall be entitled to reim-
bursement of its costs from the Municipal Jurisdiction, including
reasonable attorney's fees.
XV.
NONDISCRIMINATION
There shall be no discrimination against any employee or independent
contractor paid by any funds which are the subject of this Agreement or
against any applicant for such employment because of race, religion,
color, sex, age, sexual orientation, handicap, or national origin. This
provision shall include, but not be limited to the following: employ-
ment, upgrading, demotion, transfer, recruitment, advertising, lay-off
or termination, rates of payor other forms of compensation, and selec-
tion for training.
The Municipal Jurisdiction and any independent contractor paid by funds
which are the subject of this Agreement shall comply with the require-
ments of Section 504 of the Rehabilitation Act of 1973, as amended.
XVI. RIGHTS TO OTHER PARTIES
It is understood and agreed that this Agreement is solely for the bene-
fit of the parties hereto and conveys no right to any other party.
XVII. GOVERNING LAW AND FILING
This Agreement shall be construed and enforced in accordance with, and
the validity and performance hereof shall be governed by, the laws of
the State of Washington. This Agreement shall be filed with the city
clerk of the Municipal Jurisdiction, the King County Records and Elec-
tion Division, and the State of Washington Department of Community
Development.
XVIII. ADMINISTRATION
A. King County's representative shall be ~ ()k-,,'1
Address: 7,')7 ~¡"rH, J~
5tJh ,~'V¡ Ave"IIC ,çøaHlt'
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Phone: OzOG) r;..Q6- 96:10
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B. The Municipal Jurisdiction's representative shall be
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Address: ~ Ii} Ìl7ákoÍ.J
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Phone: Cfò/· ,?ý) 9tJ
XIX. ENTIRE AGREEMENT/WAIVER OF DEFAULT
The parties agree that this Agreement is the complete expression of the
terms hereto and any oral representations or understandings not incorpo-
rated herein are excluded. Both parties recognize that time is of the
essence in the performance of the provisions of this Agreement. Waiver
of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Agreement shall not
be deemed to be waiver of any other or subsequent breach and shall not
be construed to be a modification of the terms of the Agreement unless
stated to be such through written approval by King County, which shall
be attached to the original Agreement.
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KING COUNTY, WASHINGTON
MUNICIPAL JURISDICTION
FOR
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Designated Official
MAYOR
Official Title
Auburn
City or Town
APPROVED AS TO FORM:
APPROVED AS TO FORM:
aDDroved as to form only by
Kino County Prosecutino Attorney
per memo dated December 12. 1991
~~ Mkur_
Official Title
GM2/gmagree7
ATTEST: ~ i}hi('£ .u-/:-:
City Clerk Á~
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