HomeMy WebLinkAboutITEM VIII-B-5CITY OF
AUBURN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
HOME Interlocal Agreement August 4, 2008
Department: Attachments: Budget Impact:
Administration Resolution 4386
Administrative Recommendation:
City Council adopt Resolution No. 4386.
Background Summary:
The City of Auburn is currently part of the King County Consortium for HOME funding. This Housing and
Urban Development program is specifically designed to address affordable housing in communities and
support for developers that can meet the local goals.
Auburn, with Seattle and Bellevue, rotate a voting seat on the Joint Recommendations Committee (RJC)
of King County to represent its interests and maintain a position on the Consortium's official voting body.
Passage of this agreement will simply renew our seat on the JRC and recommit our partnership.
L0804-11
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Reviewed by Council & Committees: Reviewed by Departments & Divisions:
? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O
? Airport ? Finance ? Cemetery ? Mayor
? Hearing Examiner ? Municipal Serv. ? Finance ? Parks
? Human Services ? Planning & CD ? Fire ? Planning
? Park Board ?Public Works
? Planning Comm. ? Other ? Legal ? Police
? Public Works ? Human Resources
? Information Services
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing
Referred to Until
Tabled
Councilmember: Norman Staff: Ma or
Meetina Date: Auqust 4, 2008 Item Number: VIII.B.5
AUBURN *MOPE THAN YOU IMAGINED
RESOLUTION 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.
DATED and SIGNED this day of August, 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FO
Xalff-iel B. Hsi
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
funds 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 CITY OF AUBURN
for King County Executive
Jackie MacLean
Printed Name
Director, Department of Community and
Human Services
Title
Date
By: Signature
Peter B. Lewis
Printed Name
Mayor-City of Auburn
Title
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Approved as to Form:
CITY OF AUBURN
CITY TTO Y
lam'` tL C-7 ?-GC
City Attorney
ATTEST:
CITY OF AUBURN
City Clerk
HOME Interlocal Agreement 5 of 5 2009-2011