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HomeMy WebLinkAboutKing County - HOME ConsortiumRESOLUTION NO. 4386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF AUBURN TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND KING COUNTY, FOR THE PURPOSES OF ADMINISTERING THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) WHEREAS, the City of Auburn, Washington is a participant in the King County HOME Consortium, which provides for Federal funds to be used for low-income housing rehabilitation and construction; and WHEREAS, King County currently administers this program on behalf of the Consortium; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires each jurisdiction to sign an agreement as a condition for participating in the partnership and receiving these federal funds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn, Washington are herewith authorized to execute the "HOME Investment " Resolution No. 4386 July 22, 2008 Page 1 Partnerships Program Interlocal Cooperation Agreement", in substantial conformity with the Agreement attached hereto as Exhibit "A". Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force in effect upon passage and signatures hereon. fit DATED and SIGNED this ? r day of August, 2008. Y OF RN PETER B. LEWIS MAYOR ATTEST: Da ielle Daskam City Clerk APPROVED AS TO FO jXatrel B. HL' City Attorney Resolution No. 4386 July 22, 2008 Page 2 Exhibit A, Resolution No. 4386 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 Auburn 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 and grantee for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including 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 2009-2011 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 2009, 2010 and 2011 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 three-year qualification periods, unless the County or the City provides written notice it wishes to amend or 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. 6. The City and the County agree to adopt any amendments to this 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 amendments to the United States Department of Housing and Urban Development. Failure to adopt such amendments will void the automatic renewal of such qualification period. 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 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. 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 HOME Interlocal Agreement 2 of 5 2009-2011 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 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 2009-2011 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 Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program, two from each subregion. The remaining four cities representatives shall be from cities that qualify to receive CDBG finds directly from HUD that are signing either a Joint Agreement Regarding the Community Development Block Grant Program or a HOME Program-only Agreement. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program. Two of the eight cities representatives shall be rotated among the HOME Program-only Agreement Cities. The two 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. 12. JRC 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 HOME Interlocal Agreement 3 of 5 2009-2011 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 2009-2011 18. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON for King County Executive CITY OF AUBURN ?J Vyv:ignature Jackie MacLean Printed Name Director, Department of Community and Human Services Title Peter B. Lewis Printed Name Mayor-City of Auburn Title AUG 42008 Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Date Approved as to Form: CITY OF AUBURN ATTEST: CITY OF AUBURN City Clerk HOME Interlocal Agreement 5 of 5 2009-2011 , ~ , _ ICi . co+nty Community Senric0s Division Housing and Cornrriunity pevelopment Departmerrt of Community and Human;gervices . 401 FiRh Avenue, Suite 510 , . . Seatde. WA 98104 206263-9033 FA)(; 206.2g6:p2Zg TTY Relay;, 711 ' 2~08ii21~0~7~4 NG COUNTY CO INTER~.OCA 0.80 Please retum to the Attention of: Ki~~ni~~ Cheryl IUlarkham, Pro King County Housi gram Manager ng and Community - Development 401 Fifth qvenue, Suite 510 Seattle, Wq 98104 , WASHINGTON STATE RECORDER'S COVER SHEET Documenf Title Home.lnvestment Partnerships pro9ram intehocal 2011. Cooperation Agreement 2009 - Grantor(s) / Grantee(s) , The Agceement is between King County, Washi ngton and the abes of: Aubum, Bellevue, and Kent. Full copies of each agreement are maintained' b thHuman Services / Commun' Y e Department of Community and rty Services pivision / Housing and COmmuni Development Program located at 401 Ffth qvenue, Suite 510 ty , SeattJe, WA 98104. ; i. i 1 ~ ; e ~ ~ HOME YNVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County, hereinafter referred to as the "County," and the City of Auburn hereinafter referred to as the "City," said parties to the Agreement each being a unit of generallocal 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 orily through the urban eounty; and WHEREAS, the City and King County agree that it is mutually desira.ble 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 arriended, 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 and grantee for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program, including final responsibility for selecting arid executing activities, ensuring compliance with federal requirements and submitting to HLTD 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 , 2009-2011 ` 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 sha11 remairi in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME fiunds awarded for the 2009, 2010 and 2011 federal fiscal yeazs, the three-year qualification period that coiricides 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 three-yeaz : qualification periods, unless the County or the City provides written notice it wishes to , amend or 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. 6. The City and the County agree to adopt any amendments to this 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 amendments to the United States Department of Housing and Urban Development. Failure to adopt such.amendments will void the automatic renewal of such qualification period. 7. During the term of this Agreernent, 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, regazdless .of whether the County receives a HOME formula allocation. 9. This Agreement shall be executed in three eounterparts, each of which shall be deemed an original, by the chief executive officers of the County aad ttie City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD; one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or; alternatively; listed by subject on a public agency's web site or other electronically retrievable public source. 10. The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds aze 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 HOME Interlocal Agreement 2 of 5 2009-2011 ' 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 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 esta.blished through the 2009-2011 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, sha11 be consistently the same persons from meeting to meeting. ' Four of the cities representatives shall be from non-entitlement consortium cities signing tlie King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program, two from each subregion. The remaining four cities representatives sha11 be from cities that qualify to receive CDBG funds directly from HUD that are signing either a Joint Agreement Regarding the Community - Development Block Grant Program or a HOME Program-orily Agreement. These latter four representati"ves sha11 have no vote on matters specific- to the jurisdictions of the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development B1ock.Grant Program. Two of the eight cities representatives sha11 be rotated among the HOME Program-only Agreement Cities. The two 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 Agreemenf 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 yeaz. 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 yeaz. Attendance of five members shall constitute a quorum. 12. JRC 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 B1ock Grant Program shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Gities Association or other agreed-upon mechanism for the execution of shazed appointing authority. The Suburban Cities Association or other agreed HOME Interlocal Agreement 3 of 5 2009-201 I 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 diiectlyto the chiefadministrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC sha11 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 a11 policy matters concerning the King County CDBG Consortium and HOME Program Consortiuin, including but not limited to the Consolidated Plan and related plans and policies. b. Review and recommend to the King County Executive ttie projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds, including the Administratiye Set-aside. c. Monitor and ensure that all geographic azeas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOIVIE 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 sha11 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, sha11 be convened to assist in the review arid recorrimendation of projects and progiams 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 sha11 assist the County in developing the Consortium's HOME Program by participafing 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 forrriula 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 2009-2011 . .18: 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 sha11 ha.ve any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF A - for King Co ty Executive By: Sigriature Jackie MacLean Peter B. Lewis Printed Name Printed Name Director, Department of Community and Human Services Mayor-City of Auburn Title Title ~T1 0~ AUG 42008 Date Date Approved as to Form: Approved as to Form: ' _ OFFICE OF THE KING COUNTY CITY OF AUBURN PROSEGUTING ATTORNEY CITY ORNEY Ci ttomey , ATTEST: CITY bF AUBURN City Clerk : HOME Interlocal Agreement 5 of 5 2009-2011