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Home My WebLink AboutHOME Investment Partnership Program RESOLUTION NO. 4745 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 TME FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) WHEREAS, the City of Aubum, Washington is a participant in the King Counry HOME Consortium, which provides for Federal funds to be used for low-income housing rehabili4ation and construction; and WHEREAS, King Counry currently administer§ 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 condRion 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.4745 August 10, 2011 Page I Partnerships Program Interlocal Cooperation Agreement", in substantial conformity with the Agreemerrt 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. DATED and SIGNED this��ay of August, 2011. N T�� PETER B. LEWIS MAYOR ATTEST: /yJ Danielle Daskam City Clerk APPROVED AS TO FORM: rnel B. City Attorney � Resoludon N6: 4745 August 10, 2011 Page 2 V . _ ., � � King Cowrty Community Servioes Division CO�� y Departrnentot Cammunity and Human Services , - 401 Fifth Avenue,��S�o . 201�1121�2000569 � � � � � � � 523ttlE,�WA .98104 KSNC COUNTY DE�INTERLOCQ.67.00 � 12G12%2013F13038 . � 206.263.9062 FAX: 206.296.0156 . � TTY RELAY: 711 - � . � � Please return to the Attention of: ,Gheryl Markham,Program Manager ' King County Housing and Community Development 401 Fifth Ayenue, Suite 510 Seattle, WA98104 . WASHINGTON STATE RECORDER'S COVER SHEET Document Tide HOME Investment Partnerships Program Interlocal CooperaGon Agreement o`�DI'al- a�01'''� , GranW_r(s)/Grantee(s) This ABraement is between King Counry, Washington and the cities of• Rentog Shoreline;Redmond,Kent,Bellewe,Aubum,Federal Way ' _ � ._ . _. . _. P � — Fall co ies of each a�ment are maintained by the Department of Community_and Human Services/ Comrtiunity Services Division/Housing and Community Development Progam looated at 401 FiBh Ayenue,Suite 510,SeatUe,WA 98104. � �.,, HOME INVESTMENT PARTNERSHIPS PROGRAM . INTERLOGAL GOOPERATION-AGREEMENT THIS AGREEMENT is entere_d.into between King County, hereinafter refer;ed to as the , "County,:' and the .City, of Aubum hereinafter referred ,to as the "Ciry," said parties :to the : Agreement each being a unit o£general local govemment 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.govemment that is Located within in an urban county may be part of a HOIvIE consortiucn only through the urban county; and " . � WHEREAS,the Ciry and King County agree that it is mutually desirable and beneficial to enter into a consortium 'arrangemeat for purposes o£ the HOME Investment Pamierships P;ogram;hereinafter referred to as "HOME Program'; • NOVV, TI�REFORE, IN. CONSIDERATION "OF. . _Tf� FOREGOING CIRGUMSTANCES, AND IN , CONSIDERATION ,OF. TE� MUTUAL PROMISES CONTAINED HEREIN;IT IS AGREED THAT: 1. This Ag;eement 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 Cooperauon Act. , 2, The City and the County, agree to cooperate to undertake:or assist in undertaking HOME Program housing assistance activities which are eligible upder 24 CFR Part 92. - 3. The Counry is hereby.authorized to act as the representative member on behalf of the. - -Consortium for the.purposes of.the HOME Program. The Counry as the applicant and grantee for the HOME Program fiinds has responsibility;for and assumes all obligations in the executing the HOME.Piogam, including adding new members on behalf of the HOME Consortium,final responsibility forselecting and executing activities, ensuring,compliance with federal requiremenu and submitting to HiJD.the Consolidated Housing and Comniunity_ Development Plan (Consolidated Plan);Annual Action Plans; and related plans and reports, including the Analysis of Iinpediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibiliries and obligations: � - . HOME Interlocal Agreement 1 of 6 2012-2014 The City agees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans; arid to prepare and provide those elements specifically pertaining to the City. 4. ThisAgreement shall remain in full force and effect for the period necessary to plan and carry out all activiries that will be funded from HOIvIE funds awazded foi the 2012, 2013 and 2014 federal fiscal�yeazs, the three-yeaz qualifica6on period that coincides wiffi 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 Ciry 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 Ur6an Counry Qualification Notice applicable to subsequent three-year qualification periods and provided by the United States Department of Housing and Urban Development. 6. T'he City and_ the County agree to adopt any amendments to this Agreement incorporating changes necessary to meet the requirements for cooperatioa agreemenfs set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and w submit such amendments to the United States Departmerit of Housing and Urban Development. Failure to adopt such amendments will void the automatic renewal of sucfi qualificarion 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, regazdlesa 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 cfiief executive officers of the County and the City,pursuant to the authority - granted them by their respecrive governing bodies. One of the signed Agreements shall'6e filed by tlie 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 ftilly executed Agreement shall tie 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 agee to affirmatively further fair housing and"to ensure that no HOME funds aze expended for activities that do not ati"irmatively further fair housing. within the boundaries of their jurisdicrion or for activities that impede the County's actions to - comply with its fair housing certification. For purposes of tliis section, "affirmatively HOME Interlocal Agreement 2 of 6 2012-2014 furthering fair housing" includes,participation in the pmcess of deyeloping.an Analysis of , Impedixnents to Fair Housing Chbice and a Fair Housing Actibn Plan. While King;Gounty has the primary responsibility for ttie developmant of tliese reports to HUD. pursuant,to . Section 3. of thisAgreement,;upon request, the City shall provide assistance to the Counry iri _ preparing such reports. I 1:Joint Recommendadons Committee Composition. An inter.jurisdictional Joint Recommendaiions Committee("JRC") shall be established through the 2012-2014 � Consortium Interlocal CooperaUon Agreement. ' - The JRC shall be composed of three counry representatives.and eight cides representatives. , The three county representa$ves 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 Gonsortium� Interlocal Cooperation Agreement Regazding the Community Development Block Crrant Program,two from each subregion. The remain;ng four cities representatives shall be from cities that qualify to receive CDBG � funds directly from HUD that are signing either a Joint Agreement Regazding the Coaununity Development Block Crrant Program or a HOME Program-only Agreement. These latter four representatives sball have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation Ageement Regaiding the Community Development : Block Crrant 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 Ageeinent Ciries that aze specific to this Agreement. � For tlie HOME Program-on1y,Agreement Ciues' rotating positions; the HOME Program Agreement Ciries will norify the Counry by the end of the sewnd week in February of each , year,who the two HOME Program-only Agreemerrt City representatives will be for that year. The chairperson and vice-chairperson of the JRG shall be chosen from among the members of the JRC by a majority vote of the members for a term of one yeaz beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. 12. JRC Appoinhnents. The King Counry 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 appoinhnent of their shared representatives in a inanner to be detecmined by those. cities through the Suburban Ciries Association or other agreed-upon mechanism for the ezecution of shared appoinring authoriry. The Suburbaa Cities Associa6ori or other agreed . mechanism will select four jurisdictions of varying size from among those signing this HOME lnterlocal Agreement 3 of 6 2012-2014 • agreement,two from the north/east sub-region and two from the south sub-region: The cities repiesentativas sliall be elected offioials,:chief administraUve officers; or peisoas who report .direotly to the ctuef administrative officer and who have broad policy:responsibilities; e.g., planning directors, deparlment directors, etc. Members of the JRC`shall serve for two yeazs, or at the pleasure of their respective appointing authorities. 13. Powers and Dudes of the JRC. The JRC shall be empoweied to: a. Review and recommend to the King County Executive all policy matters conceming the King County CDBG Consortium and HOME Program Consortium, including but not limited fo the Consolidated Plan and related plans and policies. - � . b. Review and recommend to the King County Executive the pirojects and programs to be underfaken;with King County CDBG Consortium funds and HOMEPmgram Consortium funds, including the Administrarive Set-aside. • c. � Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly frbai King County CDBG Consortium and HOME Program Consortium fiiuded'activities over the three-year agreement period,so far as is feasible azid withirt 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 undeitaken with HOME Progam funds,the JRC shalt consider the advice of inter jurisdictional advisory committees. Sub-regional advisory committees,maile up of one representative from each participating jurisdiction ina sub-region that wishes to participate; shall be convened to assist in the reyiew and recommendation of projects and programs to be undertaken in that sub-region. The JRC may also solicit recommendations from other interyurisdictional housing and community development committees,. 15. The .City shall assist the County in developing the Consortium's HOME Progam by participating`in development of the Consolidated Plan to accommodate both the collective and individtial housing objectives contained within local' comprehensive plans or other adopted plans of the City and the Counry. ' � - 16.The City arid Gounty shall each assign a staff person to serve as the primary coatact for the administration of tfiis Agreement. The assigned contact person is resporisible for communicating relevanf inforina6on to their respective jurisdiction. ' ' 17. This Agreementapplies to the ConsoRium's acceptance of other federai housing-related funds which maybe allocated by formula to the Consortium. Allocadon decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by ttie JRC. HOME Intedocal Ageement 4 of 6 2012-2014 ' 18. This Agreement is made and entered into for.the sole protection and benefit of the parkies 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 OF A � � for ' ua xecu " e Signafure Jackie IvlacLean Peter.B. I,ewis - Prinfed Name Printed Nacue Directoi,Departmant of Community and Human Services � Mayor " Title Tifle '. �°�I �l AUG� b' 2011 Date Date Approve to Form: Approved as to Form: � OFFIC OF KING COUNTY CITY OF AUBURN PRO CU ATTORNEY CITY O Y � \ Dan Heid City Attomey AT'I'EST: CTI'Y OF AUBURN. • Danielle Daskam City Clerk . � HOME Interlocal Ageement S of 6 ' 20I2-2014 ' ; Y+ (`_ ,. .. ;•, ; . . _ - . ._- " " ! .v '-- _':\. } ' '� _-_._.. I � ,!'` , '��'�- . ! : i ��; :.. " . � : �'c . ' � - �� .. : . , , , - -- � ' ` ' � � ' , . . - - �, �- , . � .. , ', , ` . .. � . � � � . . . . HOME Interlbcal Agreement 6 of 6 2012-2014