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HomeMy WebLinkAboutInterlocal Agreement between SKHHP and The City of Maple Valley 490 kik CIT `k 1 9 40 FIPQPLE ds `0?1 VALLEY / A Natural Fit 04. February 8, 2022 Nancy Backus, SKHHP Executive Board Chair South King Housing and Homelessness Partners 25 W Main Street Auburn, WA 98001 RE: Interlocal Agreement Dear Nancy, Enclosed, is an original signed copy of the City signed above referenced Interlocal Agreement. For the City's tracking and record keeping purposes, please reference C-22-1993 on all correspondence and related material. If you have any questions, please feel free to contact me at 425-413-8800, or via email at andrew.dacuag©maplevalleywa.gov. Sincerely, rl 1' t. Andrew Dacuag Deputy City Clerk City of Maple Valley - > 1 Interlocal Agreement Between South King Housing and Homelessness Partners ("SKHHP") and the City of Maple Valley This Agreement ("Maple Valley Agreement") expands the Parties of the South King Housing and Homeless Partners ("SKHHP") Interlocal Agreement to include the City of Maple Valley, a municipal corporation of the State of Washington. WHEREAS,the Maple Valley Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW,for the purpose of adding a municipal government to the original SKHHP Interlocal Agreement; and WHEREAS,the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton,Tukwila, and King County(hereinafter referred to as the "Parties") executed the SKHHP Interlocal Agreement with an effective date of January 1, 2019; and WHEREAS,the Parties have a common goal to ensure the availability of housing that meets the needs of all income levels in South King County; and WHEREAS,the Parties wish to provide a sound base of housing policies and programs in South King County and complement the efforts of existing public and private organizations to address housing needs in South King County; and WHEREAS,the Parties wish to act cooperatively to formulate affordable housing policies and strategies that address housing stability,to foster efforts to preserve and provide affordable housing by combining public funding with private-sector resources, to support implementation of the goals of the Washington State Growth Management Act, related countywide planning policies, and other local policies and programs relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS,the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources; and WHEREAS,the intent of this cooperative undertaking is not to duplicate efforts of non- profit organizations and other entities already providing affordable-housing-related services; and WHEREAS, a cooperative work plan with a primary focus on the production and preservation of affordable housing, is needed because the lack of access to affordable housing in one of the key contributors to homelessness; and WHEREAS, Maple Valley would like to become a Party to the SKHHP Interlocal Agreement and share in the above recited efforts cooperatively with the current Parties to the Interlocal Agreement; and WHEREAS, as a Party to the SKHHP Interlocal Agreement, Maple Valley shall agree to all the obligations and responsibilities required of the Parties and adopt both the SKHHP Interlocal Agreement and the Work Plan and contribute monetarily to SKHHP's operating budget with an annual contribution; and WHEREAS, the Parties would like Maple Valley to become a Party to the SKHHP Interlocal Agreement; and WHEREAS,the SKHHP Executive Board has authority to add the City of Maple Valley as a Party to the SKHHP Interlocal Agreement upon two-thirds majority vote of the membership of the Board;. NOW,THEREFORE, in consideration of the mutual promises, benefits, and covenants contained in this Agreement: SKHHP agrees to the following terms and conditions: Section 1. The SKHHP Interlocal Agreement between the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton,Tukwila, and King County is hereby expanded to include the City of Maple Valley as a Party. Section 2. As a Party to the SKHHP Interlocal Agreement, Maple Valley shall be afforded all rights and responsibilities of Parties to the SKHHP Interlocal Agreement. The City of Maple Valley agrees to the following terms and conditions: Section 1. The City of Maple Valley agrees to become a Party to the SKHHP Interlocal Agreement and adopts the recitals, mutual promises, benefits,terms, covenants, and conditions of the SKHHP Interlocal Agreement signed by the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,Tukwila, and King County, attached hereto as Exhibit A. Section 2. As a Party to the SKHHP Interlocal Agreement, the City of Maple Valley agrees to and adopts the 2022 SKHHP Work Plan and Operating Budget, attached hereto as Exhibit B. Section 3. As a Party to the SKHHP Interlocal Agreement, the City of Maple Valley agrees to pay its pro-rated share of SKHHP's operating budget based on the date this agreement is executed with an annual contribution rate for 2022 of$8,625. Section 4. This Agreement will be in full force and effect only after the City Council of the City of Maple Valley has authorized the City Manager to execute this Agreement and after the SKHHP Executive Board affirmation by a two-thirds majority vote. Executed this day of , 2022. CITY OF MAPLE VALLEY Sem P, lCe Sean P.Kelly(Feb 4.20.2 06:04 PSTI Mayor Attest: 4frauur Vacua,- City Clerk Approved as to form: ati% a T a Patricia Taradav(Feb 3.2021 1& PSTI City Attorney Executed this 4th day of February , 2022. SOUTH KING HOUSING AND HOMELESSNESS PARTNERS A • ., "26. ancy BaSKHHP Executive Board Chair tiL EXHIBIT A [ATTACH SKHHP FORMATION INTERLOCAL AGREEMENT] Exhibit A to R-22-1625 Draft. interlocal Agreement for SKHHP South King ,Houting ,And:HoMelettnest Partners, (Effective bate: bAnuary 'l, 0.141 This InterIocal. Agreement ( 'Agreement") is entered into, by and between the Cities of Auburn,. Burien, Covington, Pet, Maines, Federal Way, Kent, Normandy Park, Renton, 'Tukwila, and King ,County, each municipal corporations and political subdivisions of the, State of Washington (individually, a "Party" and collectively, the q)arties''Y . Thi t :Agreement relates tb. the Creation, and ,operation ofa joint Undertaking among the Partieshereto; to be known as the South King Housing and Homelessness, Partners O'SKHHP"1 , This Agreement is made pursuant. to the Interlocal CooperatiOn Adt, chapter 39-34HRCW, and hAs been. atthorized. by the legislative body of. each jurisdiction. WHEREAS, the Partiet have A cotton goal to ensure the availability of housing that meets the needs of all income levels in South King County; and WHEREAS', the Parties wish to provide a. sound base of housing policies. and programs in South King County and to complement the. efforts Of existing public and private organizationto. address, housing needs in South King County; and WHEREAS, the Parties wish to. act cooperatively to formulate affordable housing policies and. strategies that. address hOUting stability, to fotter efforts, to preserve and provide affordable housingby combining public funding with private-sector resources, to support. implementation of the goals of the Washington State. (the mStatWi): Growth Matagetent Act, related, countywide planning policies, and other local policies and programs relating to affordable housing, and to doso efficiently and expeditiously; and WHEREAS, the Parties have, determined that the most efficient and expeditious way for the Parties to: address affordable :housing needs in South King County isthrough cooperative action and pooling public and privateresources;, and WHEREAS, the intent of this. cooperative undertaking is npt to 414plicate efforts of non-profit corporations and, other entities already providing affordable-housing-related services; and 1 SKHHP Interlocal Agreement February 06, 2019 WHEREAS, a cooperative work plan with a primary focus on the prbdudtionand preservation Of affOrdable hbUsing, is needed because the, lack of access to affordable housing is one of thekey contributorsto homelessness; NOW, THBREFORB, in consideration of the mutual promises, benefits, and covenants contained in this Agreement and other. valuable consideration, the suffidiency Of which ib, acknowledged, the Partie8 agree' to the, above. Recitalsand the following terms and conditions: 1- DEFINITIONS- The' following terms used in this Agreement are-defined as f011Ows a.. Administering Agendy - One. Or More of the Patties that willprovide administrative support services, on behalf of SKHHP The Administering Agency will be the fiscal agent for SKHHP 'in accordance with the reguirements.of chapter 39.34 RCW. 'One Patty could sere as, the fi8cal agent and another Party' could serve as the administrative home for SKHHP' staff_ b- .AdvisOry BOard - A 'board consisting of 12 to 15 community membersappointed by the Executive Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable hbusing projects, input on policy heeds related to housing stability, program design and development, recommendations fOr' emergency shelter- and other immediate affordable housing needs, And to provide publid educatiOn And community butreaCh. serVices. Executive Board The governing board for SKHHP comprised. of -.members as provided herein, whidh will act on behalf of 'all Parties and 'as may be in the best interest of in' order to carry out the purposes of this Agreement. d, Housing capital .punds. Account An account established by-the Administering .Agency within the' SKHHP Fund for thepurpose of administering' the contribution 'of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the 'SKHHP Housing Capital Fund's Account_ The amounts 'in the 'Housing Capital Funds Account will be held and disburSed by 'the AdMiniStering Agency. e Account (s); - php: or more subaccounts established within the Housing Capital Funds Account for each Party - 2 SKIMP' Interlocal Agreement February 064 2019' . . . . _ to this. Agreemeint that .chooses to 'contribute to: the Housing Capital Funds Account. 'Contributions to an Individual. Account from a Party may be released only upon,. and in accordance: with, the written direct,ioiz ,of that Party.. • .f. SKHHP Fund - A special fund .established by' the Administering Agency., 'asauthorized 'by RCW 39.34 . 03:0, to 'be known as the "Operating Fund of the 'SKHHP Executive Board" .Within the. SKHHP Fund may be: :established various accounts and ,subaccounts including but. not limited to. a "SKHHP Operating Account"' and a. "Housing Capital Funds. Account" . g. SKHHP Operating Account. - .An account created by the Administering Agency fOr the 'receipt of contributions from the Parties and other private or public entities, f.or. 'the purpose of paying for the operations of and .supporting the 'SKHHP .annual budget. :h. SKHHP Program Manager = The lead .staff. for .SKHHP, reporting to the Executive- Board, responsible for carrying out the .SKHHP annual work plan and other terms of 'this Agreement. i.. SKHHP Staff The full-time, :and part-time :staff hired .or. :ass.i'gned with the. res.pon"s:ibility .for carrying out the SKHHP work 'plan. j . Sphere of Influence - The :area it South. King County where SKHHP is expected to conduct its •work, as further described in Exhibit A. 2. PURPOSE.. All Parties 'to this Agreement have responsibility for local. and regional planning for the ,provision :of housing affordable: to residents that work and/or live .in South 'King County. The. Parties agree to act .cooperatively to formulate .affordable housing 'policies- that address housing stability and to foster efforts to, preserve and provide affordable housing by combining public funding with private-sector resources". In order to accomplish the purposes of' this ;Agreement, the Parties agree .to create a joint and cooperative undertaking. responsible for administering the ,activities described herein. 'The 'cooperative undertaking among the Parties will be 'called .the South King Housing and Homelessness 'Par.tners ("SKHHP") . The Parties further intend that this. Agreement serve .as a framework for all. participating municipalities within the' 'broader SKHHP 'Sphere of Influence to do the aforementioned work. The Parties encourage other cities and other public andprivate entities in South 'king County within the SKHHP Sphere .of Influence to join the Parties. in this endeavor. 3 SKHHP Interlocal Agreement February 06, 2019 • STRUCTURE; CREATIONOF JOINT BOARD, By executing this Agreement, the Parties hereto create :a joint board pursuant to ,RCW 39A4 . 030 (4) to govern SKHHP. Thejoint board Created by this Agreement will be called the 'Executive Board" and will be Composed, of members: as provided for in Section. 5 .a of Agreement. The Joint Board created in this Agreement is not a separate legal or adtaihisttatiVe efttity. Withld the meaning of RCW 3.9.34.030 (3 ., The Executive Board will act on behalf of all Parties and as may bein the best interest of SKHHP in order to carry out the purposes of this Agreement. The. Executive. Board is not authorized to own assets- or have employees, 4 . RESPONSIBILITIES: AND AUTHORITY. In order. to, Carry out the purposes Of SKHHP: and this Agteement, the Executive Boatd will have the responsibility and authority .to a. Create and implement an annual work plan approved by the Executive Board to guide the work, of SKHHP Staff. Thework plan will include activities that may benefit multiple participating jurisdictions or individual jurisdictions. The work plan actiVities will be consistent 'With the purpose described in this Agreement. b. Provide. recommendation S to the Parties regarding the 'allocation of public and private funding fOr .affotdable: housing' purposes. c. Direct the Administering Agency to enter into agreementswith third parties for the use and application of public and private funds contributed by individual Parties to the. SKHHP Housing Capital Funds AcdOunt established ih. SeCtion 14,, Undet terms and conditions as may be agreed by the. individual contributing Parties, as further described. in Section 14, At least annually report to the Parties: on 'the geographic ditribution of all housing capital funds. as recommended by the SKHHP Executive. Board. d. Guide the SKHHP Staff in the performance of the: following duties: i. Provide recommendations to: "the: Parties regarding local and regional. affordable :housing policies, SKHHP Staff will assist the Parties in developing strateqieSand programs to :achi'eve State :GtOwth Management Act housing goals, growth targets, local 4 SKHHP Interlocal Agreement February 06, 2019 Comprehensive. Plan Housing Element goals„ and local housing strategy .plans., as appropriate.. ii. SKHHP Staff will provide technical assistance to any. Party considering adoption of land use incentives or requirements., or affordable housing programs. SKHHP Staff willresearch model programs, develop draft legislation, prepare briefing materials and make presentations to planning commissions -and councilsonrequest by a Party. SKHHP Staff will assist Parties in developing strategies and programs to implement county-wide affordable 'housing policies to meet State Growth Management Act objectives, growth targets, local Comprehensive Plan Housing Element goals,. and local housingstrategy plans for an equitable and rational distribution of low- and moderate-income housing. iii. Facilitate cooperation between the privateand public sector with regard to the provision of affordable housing. SKHHP Staff will communicate directly with private developers, financial institutions, non-profit corporations and other public entities to assist in the implementation of affordable housing projects. SKHHP Staff will work directly with any Party to provide technical assistance with regard to thepublic funding of affordable housing projects and the implementation of affordable housing regulatory agreements for private developments. iv. SKHHP Staff will also identify public and private sites that are available for affordable housing and develop affordablehousing alternatives for such sites. v. After the Housing Capital Fund is created., develop standard regulatory agreements acceptable 'to private and public financial institutions to facilitate the availability of funding for ,private and public projects containing affordable housing. vi. Provide other technical advice to any Party upon request and to enter into agreements to provide technical assistance to other public entities on a reimbursable basis. 5 SKHHP Interlocal Agreement February 06, 2019 vii. Provide support and, educational activities and to. monitor' legislative and regulatory activities and proposed policy .changes related to affordable: housing at the county., state and, federal levels. Ensure that the Parties 'to this Agreement 'have as strong South King County voice in regional decision. making, viii. After the Housing :Capital Fund inscreated, develop and carry but procedures for monitoring of affordable units' and to administer direct service, housing programs on :behalf" of any Party... Such direct service housing programs may include but are: not limited to relocation assistance programs,, rent voucher and/or deposit loan programs. ix. Work directly with other public and private entities for the :development of affordable housing, policies and encourage the provision and preservation of affordable housing., x. Work, with the Advisory Board appointed under this Agreement and .South King County agencies working on, regional housing stability and housing affordability, identify trends and, promising practices, and mobilize those agencies to support South King County positions in regional decision- making forums. xi. Support public arnd private fundraising. efforts of public and private entities (including non-profit corporations) to raise funds to carry out the purposes of this Agreement... Enter into agreements with those entities for the use of such funds in order to carry out the: purposes of this Agreement. xii. As directed by the Executive Board., accept public . and. private funding, invest those funds in accordance with State .Taw., and take other appropriate and necessary action to carry out .the purposes of this Agreement. 5. EXECUTIVE, BOARD. a. Membership.. SKHHP will be governed by an Executive Board composed of either an elected official or City 6 :SKHHP Interlocal Agreement February 06, 2019 Manager/'Administrator for each city, and the King County Executive., or their designated representative., of each Party.. However, there will not be morethan two members on the Executive Board representing :cities with population less than 5:,.000; persons, unless approved by the Executive. Board. In the event that there are ,more than two Parties to this Agreement with population less than 5, 000persons, then those Parties will propose to the Executive Board for the Executive Board' s approval., a method for shared 'membership. on the Executive Board by those. Parties. Municipalities, localgovernments and public agencies within the Sphere of. Influence may become Parties to this Agreement with, representation ontheExecutive. Board described in this. Section 5,, upon satisfaction of the requirements of Section 20. Any member of the Executive. Board representing more than one Party must be approved by the chief executive .officerr of. those Parties. being represented by 'the shared Executive Board ;member. The Executive Board will administer this cooperative undertaking under the terms of this Agreement and under any procedures adopted by the Executive Board. b. Chair. The. Chair of the Executive Board will, .be, elected by the members. of the Board from the Board membership;, will preside over all meetings of the 'Executive Board; and will, in the absence of a Program Manager provided for in Section 6 of this Agreement, process issues, organize meetings and provide for administrative support as: required by the Executive. Board. The Chair will serve a one-year term, but may be reelected by the. Executive Board. c. Alternate Member. Each member of the Executive. Board may designate one alternate member who will serve .in the place of the member on the Executive Board during the member's absence or inability to serve. Notice 'of the designation will be provided to the Chair of the Executive Board. An alternate member may only vote on behalf' of the appointing Party if the Chair has received written notice of the alternate' s appointment. d. Powers. The Executive Board will have thepower to (1). develop and approve an annual budget and annual work plan for SKHHP:; (2) adopt procedures for the administration of SKHHP (including securing any necessary legal counsel) and for the conduct of meetings; (3) make recommendations to the Parties concerning planning, policy, programs and the funding of affordable housing projects; (4) establish policies for the expenditure of SKHHP budgeted items; (5,)' designate one or more 7 SKHHP Interlocal Agreement February 06, :20.19' Administering Agencies to carry out the. terms of. this Agreement; (6)' establish a special fund with the Administering Agency as authorized by RCW .39.34 . 030., to be known as. the. ":Operating Fund of the SKHHP Executive: B:oar&' (":SKHHP Fund") within which Fund .may be established. various ac:count:s, and subaccounts including but not limited to a "SKHHP':Operating Account" (into which will 'be. deposited funding for' the :SKHHP operating budget) and a "Housing Capital Funds Account" ; (7) hold regular meetings on those dates and' at those places as the Executive Board. may designate; 1(8) direct the Administering Agency to enter into contracts: and. agreements for. the provision of personnel. and other necessary services to SKHHP, including accounting and, legal service's and the .purchase of. insurance,, and authorize. the Administering Agency to execute. such other contracts, agreements or other legal documents necessary with public. and private entities: for SKHHPi to carry out its purposes; (`9) establish the responsibilities for the 'SKHHP Program Manager, direct and. Oversee the Administering Agency in the hiring process 'and performance review for that position and .direct and oversee the activities .of the SKHHP Program Manager, (10). .appoint members of the' Advisory Board; :(11) assist with incorporating and/or work with a non-profit corporatioin to accept grants, .doinations. and other funds on behalf of SKHHP and direct the: Administering Agency :to: enter into. contracts or other agreements, with such agency for the use: of .those funds to -carry .out the purposes Of this, Agreement; and (12) take; whatever other action is necessary to: carry out the purposes of this Agreement. '6.. . DMiNISTPTiON AND. OVERSIGHT. The Executive Board will, have final decision-making authority .on behalf of 'SKHHP over all legislative and administrative matters within the scope. of this Agreement. The Executive Board may delegate responsibility for general oversight of, the operations of SKHHP to ,a Program, Manager., 'The SKHHP Program :Manager will :submit quarterly budget performance and progress reports on the status of the work program elements to the Executive Board ,and the legislative body of each Party. The reports and their' contents will be in a form acceptable to the Executive Board: 'The Executive Board will, by two-thirds. supermaj:ority vote, designate .one' or more' 'of .the Parties to serve as' the Administering Agency, which will provide administrative support services on behalf :of SKHHP:. The. Administering Agency will be the 'fiscal agent' for 'SKHHP in accordance with the requirements of chapter 39.34 .RCW.. 'Each Party that serves 'in the capacity of 'Administering: Agency hereby agrees to comply with the terms of this Agreement applicable to. the Administering Agency in order to permit SKIMP: to carry out its purposes. SKHHP. will be staffed with personnel 8 SKHHP Interlocal Agreement February '06, 2019 provided by .the Parties and/.or independent .contractors contracting with the Administering Agency on 'behalf of SKHHP. Any Party providing personrie.l to SKHHP will remain solely responsible. -for the continued_ payment of all compensation and benefits to those personnel as, well as, for any worker''s compensation claims. All Parties will cooperate fully in assisting SKHHP' to provide the, s'ervic'es authorized in this Agreement. 7.. MEETINGS. 'OF EXECUTIVE. BOARD. a. 'Frequency. The Executive Board will meet. as often as it deems necessary, but not less often than -quarterly. b. Quorum. A quorum .at any meeting .of the Executive Board will consist of the Board members '(or alternates) who represent a .simple majority of the Board' s membership. Executive Board members. '(or alternates) may participate in any 'meeting by phone •or video conferencing for Nall purposes,, including but. not limited to voting and. establishing .a ,quorum. c. Action. No action maybe taken except at a ,meeting where a quorum exists. Action by the Execu.tive 'Board requires an affirmative vote by a :faj'or.ity of the Boardt's membership,, provided however, that a. supermajority (two-thirds iof Board members) will be. required to appoint the Administering Agency, to add a new Party to this Agreement, or to modify the 'proposed 'contribution methodology for dikes and' assessment's (see -Section 15) .. Official action by the. .Executive Board may be conducted by, motion, resolution, declaration, or other means as: determined to be necessary by the :Executive. Board, provided however, .appointment of the Administering Agency or. Agencies shall be completed by resolution. All official action of the Executive Board shall .be recorded in its official. minutes... .Each Executive Board member, or his or her alternate, will have one vote on any 'proposed action;. except that shared member voting' shall be in accordance with the Executive 'Board's approval under Section 5 (a) .. Proxy voting will not: be .allowed., 'To the extent applicable to meetings of the Executive Board, the Executive Board will comply with applicable. requirements of the Washington State Open Public .Meetings Act (chapter 42..30 RCW) , 8, ADVISORY BOARD. The Executive Board will 'create an Advisory Board to provide advice and recommendation to the Executive Board on land and/or money .resource allocation 'for affordable housing projects, input on policy needs related to' housing stability, program design and development, recommendations 9 .SKHHP Interlocal Agreement February 06, 2019 for emergency shelter and other- immediate affordable. housing needs,, and to: provide public, education and. community- ,outreach services_. The Advisory Board will be created before .the end of the first year Of ,SKHHP Operation Nith the start of the: year defined. as the hiring of the ,SKHHP Program Manager) : The Advisory Board will consist of not more than fifteen ;(15) and not less: than twelve (124 community ,members. The Executive Board Will appoint members to; the Advisory Board. :Members appointed to. the: Advisory Board must have 'knowledge and understanding of affordable housing, be. committed to: the furtherance of. affordable 'hous'ing in South King County, and represent diverse community perspectives. Appointments will be fora .four-year term with service limited to a total .of two consecutive terms. The Executive Board will adopt procedures for the convening, and ,administration, of the Advisory Board. A member may be removed! from the Advisory Board by the Executive Board with or without cause on a majority vote of membership of the Executive Board. 9. MEETINGS OF ADVISORY BOARD.. a. Frequency. The Advisory Board will meet. .as often as it deem's' 'necess'ary., but not less often than quarterly. b. . Quorum.. .A .quorum at any meeting of the Advisory Board will consist of the Board members. who represent a. simple majority of the. Board' s membership. Advisory Board members may participate in any meeting by phone or video conferencing for all purposes, including but notlimited to voting, and establishing a quorum. .c. Action. No action may be taken except at .a meeting' where a quorum exists:. Action by the Advisory Board requires an affirmative vote by a majority of those members attending a Board meeting where .a quorum exists. Official action by .the Advisory Board may be conducted by motion., resolution, declaration, or other means as determined to be necessary by the Advisory Board. Proxy voting is not allowed. To the extent applicable tomeetings' of the .Advisory Board, the Advisory 'Board will comply with. applicable requirements of the Washington .State Open Public. Meetings Act ('chapter 42 .30 RCW) . 10. AGREEMENT' DURATION.. This Agreement will be in full force -and, effect for. a 'period commencing as provided in Section 34., and ending December 31 202.0 . This Agreement will automatically renew :for successive two-year 'terms, unless sooner terminated. under the provisions of this Agreement. 10 SKHHP .Interlocal Agreement February 06, 2019' 11. TERMINATION OF AGREEMENT. This Agreement may be terminated at any time by affirmative vote of a majority of the legislative bodies of the Partiesto this Agreement.. Upon termination of, this ,Agreement, all property acquired .during the life of the Agreement will be disposed of in the following manner:. a. all propertycontributed without char_ge by any Party will revert to the contributing Party; b% all property :purchased on behalf sof 'SKHHP after the effective date of this Agreement will be distributed to the Parties. based on each Party' s pro rata contribution to the overall budget at the time the property ,was purchased; c.. except as provided in Subsection d. below, all unexpended or reserve. funds will be. distributed to. the Parties based on each Party' s pro rata contribution to the overall budget "neffect at the time the Agreement is terminated; d.. all uncommitted monies in the Housing Capital Funds Account will be distributed, to the Parties by remitting the total. uncommitted amounts .remaining in each Party' s Individual Account (as 'described in Section '14)`, to that Party; and e. each Party that has funded a project through the Housing Capital Funds Account will be substituted for the Administering Agency with regard to all project financing documents, and the Administering Agency will be released from further .obligations with respect thereto. . 12 . WITHDRAWAL. If a Party wishes to withdraw from participation in this Agreement, it may do so after the initial two year term if it first gives three months advance written notice to the Executive Board of its intention to withdraw, which notice will be due on or before October 1, 2020 . If notice of an intent to withdraw is timely received, withdrawal will be effective as of 11:.59 p.m. on December 31, 2020 . The initial members of 'SKHHP agreethey will participate for at least the first two years of the collaboration. After January 1,. '2021, an opportunity is provided once per year for a Party to withdraw from this Agreement. Under this provision, advance written notice must be provided to the Executive Board on or before July 1, of its intention to withdraw from participation in the Agreement., effective as of 11:59 p.m. 'on December 31st of that current year. 11 SKHHP Interlocal Agreement February 06, '2019 • Any Party withdrawing from this Agreement will remain legally and financially responsible for any obligation incurred by the Party pUrSuaiit. to the terms of this Agreement, including but not. limited to any project financing documents executed by the ,Administering .Agency on behalf: of that. Party,. 'during the time the withdrawing Party was a. member of SKHHP. A .notice of. withdrawal. May be revoked by the Party that submitted the notice only by Approval of a majority of the Executive 'Board to accept the revocation. Any Party.' that provides 'written notice 'of 'its: intent to withdraw may Contintie 'to vote on all matters before the EXedutive ,Board prior to the, .effective date of its withdrawal, except the budget and work plan tor the following year. 13. BUDGET. The fistal year for 'SKIMP will .be January I to, December 31 of. any 'year. thefirst year budget and :anticipated second :year ,budget for SKHHP .are attached to this: Agreement as .Exhibit 'B and incorporated. herein by this reference.. Approval of this Agreement by the legislative body of each Party inClUdes. .approval of the. first year SKHHP 'budget.. For: subsequent. years, 'on or before :June 1St of each year.„ a .recommended operating 'budget and work plan .for SKHHP for the next' budget year will be prepared, reviewed .and recommended by the. Executive Board and' 'transmitted to each Party. The recommended 'operating budget. will :contain an itemization ,of all categories of budgeted expenses and will 'contain an itemization of the amount Of :each Party's. .contribution, including .in-kind services, toward that budget. Contributions to the. SKHHP annual 'budget may also come from other public or private entities., The Executive Board will approve acceptance of those .contributions... a. No recommended budget' or work .plan will bedome effective. until 'approved by the legislatiye body of each Party' and adopted by' the Executive Board,, except -for SKHHP' s .first year (201:9) .. For the .first year, the. budget will 'be approved as part of f the approval of this Agreement, and the first year work plan must be, approved by the' Executive Board. Once, the legislative body of each Party has approved its .contribution to. :SKHHP, .either separately or through its budget process, and the' SKHHP 'budget has been adopted by the Executive Board, each Party will be obligated to make whatever coritribution(s) .iS 'budgeted f or that Party. If a Party does .not 'approve the work plan or budget in a timely manner., the Executive Board may adopt the annual budget and 'work. plan with a two-thirds majority 'vote. b.. Each Party' s contribution(s) will be transmitted to SK.H-HP. ,on :a quarterly :basis at the beginning of, each ,quarter unless 12 SKHHP Interlocal Agreement February :06, 2019 _ _ otherwise provided in the budget. document.. Each Party will specify the amount of its contribution to be deposited by the. Administering Agency into the SKHHP Operating Account, as well as the amount, if any, to: be deposited. into the Party's L'divi:dual .Account within the SKHHP Housing Capital .Funds Account 'established. ' ,y Section 14 . c.. If any Party is delinquent by more. than three Months in the .payment of its approved operating budget .contribution to the 0KHHP. .Operating Account, that Party will mot be entitled to vote on matters before the Executive Board. until ,the delinquency has been paid. A Party' s decision not to contribute funds to its Individual Account., or its delinquency in funding the same will not affect that Party' s voting rights 'on the Executive Board. 14, HOUSING CAPITAL FUNDS ACCOUNT .ESTABLISHED.; PROCEDURES' FOR ADMINISTERING HOUSING CAPITAL FUNDS' ACCOUNT CONTRIBUTIONS. If authorized 'by resolution of the. Executive Board, the Administering Agency .tay establish and maintain an account within the SKHHP' Fund r' fothe purpose of administering the contributions of Parties, ,or• other ,public: 'or private entities, to, affordable housing projects and programs, to. be. known as the SKHHP Housing Capital Funds Account. 'The amounts in the 'Housing Capital Funds Account will 'be held and disbursed by the Administering Agency as described .in this Agreement. a. Within the Housing Capital Funds: Account, a sub:- account will be established for each Party to this Agreement that Chooses. to contribute to the .Housing Capital Funds Account, Such sub-accounts are collectively referred to ,as' the '"Individual Accounts."' Contributions to an I_ ndividual Account from a .Party may be released only upon, and in accordancewith, the written direction. 'of' that Party. b. .A 'subaccount will be. established within each Individual Account for each project or program funded in whole or part by a 'Party from its Individual Account. Such, sub-accounts are referred to as "Project Accounts.'" c. The. Administering Agency will maintain records sufficient to separately track the deposits, withdrawals and interest. earnings,, within each Individual Account and each Project Account, .arid will provide quarterly reports to all Parties as to. the status of funds in each Individual Account and Project- Account. The Administering Agency's responsibilities under this. Section may be delegated to the SKHHP PrograM Manager to the extent :consistent with applicable law .and as. the Administering Agency and Executive. Board may agree. 13 .SKHHP Interlocal Agreement February 06, 2029 dd. Funds transmitted to. SKHHP' for deposit in the Housing Capital Funds Account, will, be. held .by the ,Administering Agency oh behalf of SKHHP until directed. for application to, a, specific ,project or- program by the :contributing Party.. Uncommitted funds in an Individual Account will be .remitted to the contributing Party within. 45 days of receipt' of written request from the. Party signed by its chief executive officer, .or upon the. Party's: withdrawal from SKHHP inaccordance: with the terms of Section 12, :or on the ,dissolution of SKHHP per Section 11.. e. Funds. held by the Administering Agency on :behalf of .SKHHP will be subject to laws applicable, to public funds,. including .but notlimitations on. investments Eor public funds as provided in State law and the State constitutional limitations on the. gifting of public. funds. investment earnings will. be credited. to each Individual Account and. Subaccount. 'on a, pro rata basis_. f. The Executive Board will. 'develop: :standard forms: .of ;approvals and .agreements to. be used in the application of funds contributed to the Housing .Capital Funds, Account (collectively referred to' as "project financing 'documents" ) consistent. with the following ,goals and procedures: .i. Each 'Party !choosing to participate in funding a project or" ,program through the Housing; Capital 'Funds Account will by action of .its legislative body authorize. the application 'of a specified amount of its Individual. Account monies to .such project or program, .and will authorize and direct the SKHHP Executive Board, the SKHHP Program Manager, and the Administering Agency to take such actions ,as necessary to accotpl±sh this The Executive Board :will recommend to the individual legislative bodies various, terms to .accompany .their authorizations, and the, 'legislative body authorizations will, at a minimum include de terms related to: 1.. amount of funds allocated; :2.. project. description, including minimum affordability requirements, if any; 3 .. nature of the .funding, commitment. {loan,, grant, or other) ; 4 . in the event the funding commitment is provided as a loan, the general repayment terms including but not limited to. the 'term of the loan and applicable, interest rate (s) ; .and 14 SKHHP Interlocal Agreement February 06, 2019 5 . a :general description 'of the security interests., if any., to be .rec.orded, in .favor. of the Party. ii.. For each individual ,housing: project or program to be funded through the Housing Capital Funds • Account, the developer, owner or. administrator :of such ,project or .program (generally -referred to. :as the "developer" ) , will enter into, the necessary set 'of agreements (project financing documents) with the Administering Agency. The project financing documents will specify that the Administering Agency is acting as administering agency on behalf of each Party that is providing Housing Capital Funds Account funding to: the project ;or program .pursuant to' this Agreement and 'RCW 39 .34.030 (4) , and will 'identify' each participating funding .Party. 'The project financing documents will be .consistent with general ,forms of agreement approved by the 'Executive Board and the terms and ,conditions approved by the legislative bodies •of' the funding Parties. To the extent permitted by law, the project financing agreements will incorporate all terms and conditions relative to .the use and :,(if applicable) repayment of such funds, and :provide for transfer of the Housing Capital Funds Account monies from the funding Parties to the developer. .Funding contributions to,. and repayments :(if any) from, specific projects and programs will be. recorded by the Administering Agency,, i:nc'luding recording 'of monies deposited and withdrawn from each Party'.s individual Account and Project. Accounts. Repayments (if any) 'under any 'project financing agreement 'will be applied .pro rata to the funding Parties' Individual Accounts. based on the ratio of funding contributed to the project by each Party, unless the funding Parties otherwise agree. iv. Unless the Parties funding a project or program through the Housing Capital Funds Account otherwise. agree, a default, termination or other action against a developer or other third .party 'may be declaredonly .after securing approval in writing of the chief executive officers of funding Parties which together have contributed not less than 51% Of the total SKHHP member funding to: the project. The Administering Agency 'will provide reasonable 15 SKHHP Interlocal .Agreement February 06, 2,019 notice and information, regarding the. status' of. projects 'as ne.cess-ary to each .funding, Party''s chief executive officer to allow them. to make a timely decision 'in- this regard: Funding Parties not consenting to 'Bich default,. termination ;or other action will :be bound by the decision of the majority All funding Parties will 'be :obligated on a pro rata basis (based 'on their :contributions to' the. project); to pay to the Administering Agency its reasonable costs .and expenses. incurred as a result of declaring a default, terminating an agreement or taking other action against a deVeloper, 'or Other third party. Any funds recovered through such enforcement proceedings will be allocated to ;the funding 'Parties. individual Accounts: pro rata based on their respective funding contributions to a project... v. The Executive Board may from time to time :authorize the Administering Agency to administer housing. project agreements entered into before: the. effective date of this Agreement, upon terms consistent with this .Agreement and. subject to the. consent of the Administering Agency and the ,Parties to such' agreements. 15'.. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. 'Contributions to the SKHHP Operating fund will be based .on groupings 'of like- sized cities '(based on population) ,, or whatever contribution methodology 'is approved by a two.-.thirds 'majority of the 'Executive Board. Funding for the activities: oof SKHHP will ;be: provided solely through the budgetary 'proces's Unless otherwise: specified, .in. this Agreement; no dues, charges or assessments 'will be imposed or' .required Of. the Parties except upon unanimous vote. of the Membership of the Executive Board and ratification by the legislative, body .of each Party subject to the dues, charges or :assessments. An approved . budget '(the overall revenues: and expenditures) will not be modified. until approved by the legislative body' of each Party and finally :adop.ted.:by the Executive Board. If _a Party agrees to: totally fund an additional 'task to the work program, not currently approved in the budget, the task may be added to. the work plan and the budget .amended to: reflect the funding of the total cost of .such task by the. requesting Party, upon approval by a majority of the membership of the Executive Board without approval by thee -individual Parties. Notwithstanding the: foregoing, contributions by a Party to its Individual Account within the Housing Capital Funds Account will be solely within the 16 SKHHP Interlocal Agreement February .06, 2019 discretion of that Party and are not, considered "dues or assessments. " .16. PUBLIC .:RECORDS REQUESTS. Records ,of SKHHP will, be, held by the Administering Agency, in addition to any,. records the Parties themselves may retain concerning their participation in 'SKHHP. These .records may' include meeting agendas.., meeting :summaries, reports, plans.,, budgets, and other. documents.. When a Party receives a request. for records that may be held by the Administering .Agency,. the Party will refer .the request to its Own . Executive Board member. The Party's Executive Board' member will, then work with the Administering Agency to gather :all responsive' record's. The Party receiving ,the, request should work with its' own 'public' records staff ::(if .any), t"o describe' the request with ,sufficient specificity to allow the Administrative Agency to identify and _ :provide. the records being sought. If any clarification of- the request is required., the Party receiving the request willobtain ,that clarification from the requester. All communication with the .re_quester will be by the .Party to whom the request was submitted. In :consultation with the Administering Agency,, it will .be the responsibility of the Party to whom the request for records was. made to estimate the time it will need to produce responsive records,, determine 'whish records are responsive to the request, and address any 'redactions. 'permitted. by law.. The Party that receives, the request will bear the responsibility of .complying with the Public Records ,Act in relation to its public records.. Nothing in. this Section is. intended to require a Party to collect or produce records. that are not prepared, owned, us.ed, or retained by that Party as contemplated by the Public, Records Act... 17.. INDEMNIFICATION AND HOLD ,HARMLESS. a. Each Party will indemnify, defend and hold other Parties (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency) , their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages,, losses or suits including attorney fees, arising out of that Party' s wrongful .acts or 'omissions in. connection with the performance of 'its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. ,If there i:s any recovery under this' Section, the Party responsible for any wrongful acts. .or omissions will pay any judgment or lien arising from the acts or omissions,., including all 17 SKHHP Interlocal Agreement February '06, 2019 costs and other Parties' reasonable attorney's fees. Ifmore. than one .Party is held to be at fault, the obligatioin to indemnify and to pay costs and attorney's fees; will be only to. the extent of the ,percentage Of fault allocated to each respective Party by a final 'judgment of the court. b. If a court of competent jurisdiction .determine that this Agreement is aubj;e"c't to RCW 4..2,4.115, then, in the event of liability for damages arising .out ,of bodily injury to persons or damages to property caused by or resulting from the. concurrent • ,negligence of a Party ;(including without limitation. the Party serving as, and acting in its capacity as, SKHHP's Administering Agency) , its officers,, officials, employees, and volunteers, the Party'- liability hereunder. will be only to the extent of the Party's negligence. 'It is further specifically and expressly understood that the indemnification provided herein constitutes the. Party' s waiver of immunity under Industrial, Insurance Title :51 RCW, solely for the purpose of this indemnification. This waiver has been Mutually negotiated by the Parties. The .provisions of this. Section will survive the expiration or termination of this Agreement. . c. Each Party (including without limitation. the Party serving as, and acting in its capacity as, SKHHP' s Administering Agency) will give the other Parties proper notice of any claim or suit coming within the purview Of these indemnities. 18 . INSURANCE. The Executive Board, SKHHP Program Manager and the Administering :Agency will take such steps as are reasonably practicable to minimize, the liability, of the Parties :associated with their participation in this Agreement, including but not limited to the utilization of sound business practice. The Executive Board. will determine which, if any, insurance policies may .be. reasonably practicably acquired to cover the operations of SKHHP and the activities of the Parties pursuant to this Agreement (which may' include ;general. liability, :errors and omissions, fiduciary, crime and fidelity insurance) , :and will direct the acquisition of same. 19. AMENDMENTS. Any amendments to this Agreement must be in writing. This 'Agreement may be amended upon approval of at least two-thirds of the legislative, bodies of all Parties to this Agreement, evidenced by the authorized signatures. of those Parties as of the effective date of the amendment. 'However, any amendment to this Agreement .affecting the terms and conditions of .membership on the Executive Board, powers of the Executive Board, voting rights of Executive. Board. members, Party contribution 18. SKHHP Interlocal Agreement February 06, '2019 responsibilities, hold harmless and indemnification requirements, provisions 'regarding duration:, .terminationor withdrawal, or the conditions of this Section will require consent of the legislative. authorities, ,of all 'Parties'.. This Section will 'not. be 'construedto require amendment Of this Agreement 'for the addition ;of a new Party contemplated under section :20: or for any related revision to Executive Board' membership authorized in Section 5 (a)... 20 . ADDITIONAL PARTIES'. Municipalities, local governments and public agencies within the: .SKHHP Sphere. of Influence may, on execution of the Agreement and approvalof the budget and work plan by its legislativebody, become a Party to this Agreement on affirmative vote of a two-thirds :majority of the membership of the Executive Board. The Executive 'Board will determine by a vote of a majority of its membership what., if any, funding obligations the additional Party will commit to as a condition of becoming a Party to this Agreement.. 21. SEVERABILITY. The invalidity of any clause, sentence,. paragraph, subdivision, section ,or portion .of this Agreement, will not affect the validity, of the remaining provisions of the Agreement.. 22.. CONFLICT RESOLUTION. Whenever any dispute arises between the Parties or between a Party or Parties,, the Executive •Board, or the .Administering Agency (ref erred to collectively in this Section. as the "Parties" ) under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution ofsuch dispute. .in good faith by meeting, as soon .as feasible., The meeting will include the Chair of 'the Executive Board, the SKHHP' Program Manager, and the representative (s) of the Parties involved in the, dispute.. If the parties donot come to an agreement on the dispute, any party may pursue .mediation through a process to be mutually agreed to in good faith between the parties within. 30 days, which may include binding .or nonbinding decisions 'or recommendations. The mediator(s) 'will be individuals skilled in ,the legal and business aspects of the subject matter of this Agreement. The parties to the dispute will share equally the costs of mediation and assurfte their own costs . 23 . SURVIVABILITY.. Notwithstanding any provision in this Agreement to the contrary,. the provisions of Section 10 ;(Agreement Duration),,; Section 11 (Termination 'of Agreement) , Section 12 ,.(Withdrawal) , Section 16 (Public Records Requests) , and Section_ 17 (Indemnif.ication and Hold Harmless) will remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement. 19 SKHHP Interlocal Agreement February 0.6, 2019 24.. WAIVER.. No term or :provision of this Agreement will be' deemed, waived and no .breach excused unless that. waiver or consent is in writing and signed by the Party claimed to have waived .or :consented. 25. SUBSEQUENT BREACH. Waiver of any default will not be deemed a -waiver of :any subsequent default. 'Waiver -of breach of any ,provsiop. of this Agreement will :not 'be. :deemed to be. a 'waiver of any other or subsequent breach and will not be construed to be a modificatiOn of the terms of ;the. Agreement unless stated to be such through written approval of. all Parties. 26-. NOTICE. Any notice to the Executive Board will be in writing and will ,be. addressed, to the Chair of the, Executive Board and, to the SKHHP Program Manager. In the absence of a. SKHHP Program Manager, notice will be given 'to the chief executive officer of the Administering Agency. Any notice, to- an Officer or Party will '.be sent, to 'the ;address specified by the =chief executive officer of the: Party. 2,7. ASSIGNMENT. No Party may' sell, transfer or 'assign any of its rights or' benefits- under this Agreement without Executive Board approval. 28 . APPLICABLE LAW AND VENUE. 'This Agreement and any 'rights, remedies, or obligations provided for in. this Agreement will be governed, construed, .and enforced in accordance with the substantive and. procedural laws of the State. The Parties agree that the venue for any legal action under this Agreement is in the County .in which a project is :located, provided that the' venue for any legal action against King County may be, filed in accordance with RCW 36. 011.,0.50 . 29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain the responsibility and. authority for. managing and maintaining' their own internal systems and programs related to affordable' housing .activities. 30 . INDEPENDENT CONTRACTORS. Each Party to this Agreement is an independent contractor with respect to the' subject matter of this Agreement. No, joint venture Or partnership is formed as a result of this Agreement. Nothing .in this Agreement will make any employee of one Party an employee of another party for any purpose, including, but not limited to.,, for withholding of taxes,, payment of benefits, worker' s 20' SKHHP Interfocal Agreement February 06, '2019: compensation pursuant to Title, 51 RCW., or any other rights or 'privileges accorded by virtue of: their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages,. benef.itS or 'taxes to or ori behalf -of any other Partys employees. No employees or agents of one Party will be deemed, or represent themselves to be, employees of another :Party'.. 31. NO 'THIRD PARTY' BENEFICIERIES'. 'This Agreement is: .for the benefit of the. Parties. only, and no third party will have any rights under 'this agreement. 32. NONDISCRIMINATION. The Parties will .comply with the nondiscrimination requirements of applicable federal, state and local statutes .and regulations. 33 . COUNTERPARTS.. This Agreement may be signed in counterparts :and,, if so 'Signed, Will be deemed one integrated Agreement. 34._ FILING: AND EFFECTIVE' DATE; .PRIOR AGREEMENTS. This Agreement will become effective January 1, .21019, subject to its approval by the legislative bodies of all jurisdictions who are members 'of' SKHHP as. of January 1, 2019, and,, pursuant ;to RCW 39.34. 040, upon recording this Agreement or posting this Agreement on a Party' s web site or other. electronically retrievable public source. Although this Agreement may be approved and signed by a Party after the Agreement':s effective date,: all acts consistent with the authority of this Agreement that occur on or after 'January 1, 2019, are hereby ratified and :affirmed,, and the terms of this Agreement will be deemed to have applied. (Signature Page Follow0 21 SKHHP Interlocal Agreement February 06, 2019 Approved and executed this •day Of X LA\ ,2019. Name. of Party: CITYOF AUBURN ancy , 41140 a13a V Mayor Approyedas to form: 11410 4111:44 • Steve Gross, tit:yAttbriey 22 SKHHP Interlocal Agreement February 06, 2019 Approved and executed this tD day of 0-(4.vie , 2019. Name of Party: [did //Cm Approved as to form ,al Gil 1 ' . / Mertapti' /119 " '2°19 � d By: , City Attorney Its : err i0 Lei 11 • 1 1 22 SKHHP Interlocal Agreement February 06, 2019 Approved and executed this day of , 2019 . • Name of Part : • approved as to form iliaA /i/ /;/ By: "-of City Attorney Its: (:1,6 / e " • .1 .11 2 2 SKHHP •Interlocal Agreement February 06, 2019 ;•I Approved and executed this P-14-'3 day of APY'\ Name of Party: ;(A pc S-N0 j6k Approved as to form By: -PMCAae4 Y4c3S City Atto:Vy - Its: _ vAAn 22 SKHHP Interlocal Agreement February 06, 2019 CITY OF FEDERAL WAY: ATTEST: / � i F rrell, Mayor S T p anie Courtney, MC, City Clerk APPROVED AS TO FORM: Z S e LO 1 c.a./r SAT E: 1- 1 J. Ryan Call, City Attorney 23 SKHHP Interlocal Agreement February 06, 2019 App.toved and executed ICI "c14Y- J14,41,62019. :Name .pf br • Approved as tb fp .rn A." By: e , • . tyt tbria yi ital(rn Its:, SKHHP .interlocal Agreement :February 0.6, 2019 Approved and executed this 12th_ day of March , 2019 . CITY OF NORMANDY PARK By 4a0-4--.4-1, -. 7-"' Mark Hoppen, CW: Manager By direction of the City Council Taken, March 12 , .2019 Approved as to Form: 1.Aif - Alm.. Jim HanJ, City, 'orney ill . 22 SKHHP Interlocal Agreement February 06, 2019 • Approved executed this Z y day of gay , 2019. Name of Party: City of Renton Approved as to form (42/01.60 /AA/ By: Denis Law Shane Moloney Its: Mayor City Attorney Attest .. - /,A 5 Jas, A.Se„"MC,Ci Cl. of REN,N, * SEAL = * lit ttto00% 22 SKHHP Interlocal Agreement February 06, 2019 Si Approved and executed this � / day of Fe-Ora.�0 ,2019. Name of Party: Approved as to form a .__- Ar -, k/i'--g._...44---- By: A wt.n t (,L.e__D City Attorney Its: ma—tor 22 SKHHP Interlocal Agreement February 06, 2019 Approved and executed this day of ,2019. Name of Party: K ',I CO orri-y Approved as to form '''gr—DC51_04 By: bow Cr,vt,r favy City Attorney Its: EXecu+7 ye. SKHHP Interlocal Agreement Page 18 Exhibit A-SKHHP';Sphere of• Influence —•r. 'd+s. ,...„........_...,,....,„.„.....„.7_,-„..-:.,-:. ,,-:„.,,C, ..,...Wn{ii,y •. ..,, •r ) ''',''',';•:.';''''.';''''' �" 'ta," •T "}'_.�::i=...,f'.�LIJ."�h:�-• 'f'^..tP. .., -.. r :.51511(1:;',,,,,.,. Sca'`Ief:PIG'mx,�111.7''- .`y;t.: - I , l:• iA•-;,',r' •',',.,,•4'ii.-;47-..c- }talll.': j._,.,„T.Jt,^J:7.'I r,;a}n - .Lan t �'�;:� - -'.i,•,H �.-�, �.. a e��cie �'�..:� .I • • ', :.3,:}�; :r'$ fr•' Sluiuitaiuiefi.'•.� s..µ 'L.".•, )+ � 1�k '� '1V(.:��. ;�,),. . .:.i:. - :1'';'..:,'',',',.,,:',;-',ii '�'- •� :'.:,,z.--.,:•,. .-,.;11. ,y,la.,al<' ,tuttltidl ' i • cn plilnar 1";..)�� �y vy;r,.3�'.n~' :(i��' ..i' \"...'�: „:�$I�_,t�. i'' �:�-:' �".tan,. .. � - R 111 - .rt: s a,r.e hi a, q • '',,-.1--s.1.11',".1.', •d � • • t:J' ,. 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I', lw etn.im..Y.awti.w,......'W4Cry Ov..rtt....w.lrw.—.rl..ir, f.Owyr •ptw,u.i..,.—..rrY.swr....��..N.[rU«v0ay.owW'.R�wti, N ;'i s,pYbro,a,�1WYbrslw.a..s.wrNld ,. we a Is..'+rvvs,a tlry m..m... ..._ v �.- 11.,.,1..4Yl4wY...Ma'. tics.,. ttAy .77..7._.Cl.sWsdF.e �', Y.RplmN W ler..Jr.rht'.tar Iv:fll T vY'..Ary.Y. M .vgl.en p.a.vv A I � ....e�.r,...e..rW.'1+ro�.. King County ,ore,11=1.03= wm.: ...-- - ..- - - - 23 SKHHP Interlocal Agreement February 06, 2019 EXHIBIT B ,•' _. ='FIRSTYEAR,SKHHP:B110GET- : - P .,; . , 9 cities'&KingiCounty..` . ., i a _. '.';',',:..•4':',''..,::0i1:-..-.,',2,I Year`liSU;montfisofOpe`rations : : _.� _ i 1 IAnnual Expense.Budget 1 1 !Full-time manager with:salary/taxes/benefits 1 $ 130,000 Administrative&,low-level policy support-with.salary/taxes/benefits $ 90,000 'Expenses,-travel,.ph one,,postage;and start-up costs ] $ 19,000 Sp ace. I ._ $. 12,000 !SubTotal j '$ 251,000I I j10%Fiscal Admihistrdtion'Fee ; $ 25,100 ITOTAL ; i I_ '$ 276,100.' ;Costf8r:l0:months of O,peratiOns; S. 3 230,083 i I ,_ _I !'Revenue Budget + Outside sources*(County;,philanthropy,aligned organizations) ! $ 68,000 Office Space donation),[Pro-rated] '$ 10,000 ;Shared among participating cities(see'below) I $ 152,083 TOTAL ._.._ $I .230,083' 'Shares for participating cities: _. . _. _. Population I %of I , '(OFM'2018..est) j Population' ; Grouped by Size** Auburn 80,615 12% $ 20,236' 51,850 8% S 11;675 Burien I _._ ..._ _.. _ Des Moines 31,340 ----_.__ Covington 20;080 . 3%, ._ .i ' $ 5,832 - -- - - _ 5% $ 5,8371 40 15% $...., 20,236.1....._ . .... ... .. .... . - - �_� -'--. __._.._ .... 97;440 26,463 . .., _.._.•_.._. .-!Federal Way LL o 0%. Kent 128,900 'Normandy Park 6,700 1% $ 3,113, Renton 104,100.... _.... _% $ 26,463 Tukwila 19,800 3% :$ '5,837I Unincorporated SKC 111;000 17% $ 26,463 TOTAL 651,825 $ 152,161 *Outsidesources --- **Giouped:,,Y; ze;;Ran'ges-•. ° .., KC Housing Authority 15,000 • <10,000 , $ 3,113' 'Enterprise 5,000 10,001-35,000: • 5,837 !King County*** 48,000, ,35,001-65,000: ' $ 11,675 'TOTAL 68,000 65,001-100,000 I '$, 20,236 ' 100,001+: , $ 26,463: ***King County has committed'$75,000; including covering the share for unincorporated ` , I(in Year 1,theaccrual from the unicorporated SKC, share is used for$7K instartup costs) ! ,_^ _ , 24 SKHHP Interlocal Agreement February '06,. '2019 _ ', ':SECOND.YEAR.SKHHP DRAFT`BUGE_T: : ' ' i' .9 ycitie's;&K f Bounty _D` ,, , '.'1:1'11, 41.12,`•:;k ear:2'FutltYgar'of 0'eratians - •.,,,.:-.-••:`,%,:,:;,,:c.:: :,-4" w' Annual Expense'Budget I i Full-time manager:with salary/taxes/benefits 1' I $ 130,000' :Administrative&;low=leve:policy,support With salary/taxes/benefits $ 90,000 Expenses-travel,phone,postage $ 12,000' ;Space ! 1 $ 12,000 SubTotal j ' $ 244,000' 10%'Fiscal Administration Fee } , $ 24,400 TOTAL. i�,.._ ..:.._..' r :._._ v ._.�:: $ .7' ' ',:.,- .:u 0::1 268;40 I 1 ,.Revenue:Budget IOutsid ace(in*'('County;philan,th'ropy,:aligned organizations) __ $ 61,000; Outsi ep ource kind donation) 1 $ 12,000' :Shared among participating cities(see below): -_, ... :$ 195,400 TOTAL $: : :-..$:;:,:268',400:j Shares for participating.cities: 1 Population , '%of (OFM.2018 est) . Population ;Grouped by Size** Auburn 80;615 12% : $.__-. .. 26,000 a 8/ s 15,000' Covinon 20;080 3/ $ 7,500 ' Des Moines 31,340 5°� '$ 7,500 . j Federal Way 97,440 15%r$ 26,000 Kent128,900 20%; $ 3__4,000. Normandy Park 6,700 i $ 4,000' Renton 104,100 �- ' 16%,:$ ..---- -._. ,34,000' j Tukwila19,800 3°�•_'S 7,500,_-� . . _ Unincorporated'SKC 111,000 17% '$ 34,000 TOTAL , 651,825 $ 195,500 ; *gutside:sources, I **Groupedby Size Ranges. KC Housing Authority 15,000' <10,000 ' $ 4,0001 Enterprise 5,000 _ 10,001-35,000: ' $ 7,500 King County*** 41,00035,001-6 - 5,000: $ 15,000 ` , . -._ TOTAL '61,000: 65,001-1.00,000 ' $ 26,000 100,001+: $ 34,000 ***King County has committed$75,000; including.covering the share for unincorporated 25 SKHHP Interlocal Agreement February 06, 2019 Exhibit B to R-22-1625 RESOLUTION NO. 2021-03 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2022 SKHHP WORK PLAN AND 2022 SKHHP OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in-kind services; and WHEREAS, upon adoption, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance; and implement the overarching SKHHP goals to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2022 work plan includes three major streams of work: governance and administration; policy and planning; and education and outreach; and WHEREAS, the governance and administration work stream includes program- wide management activities including establishing decision-making protocols and reporting procedures; and convening a community advisory board; and WHEREAS, the policy and planning work stream includes advocating for and establishing a SKHHP affordable housing capital fund; and collaborating with partners to enhance local policies and programs that accelerate access to affordable housing, protect existing housing stock, and provide housing security; and WHEREAS, the outreach and education work stream includes representing South King County at all applicable decision tables; and furthering the understanding of the spectrum of affordable housing options and related needs and opportunities; and NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the SKHHP 2022 Work Plan as shown in Attachment A. Resolution No. 2021-03 Rev.2019 July 23, 2021 Page 1 of 8 Section 2. The Executive Board adopts the SKHHP 2022 Budget as shown in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. , Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and Signed this_28 qday of July , 2021. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS . ebgiltkO ANCY C US, CHAIR Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 2 of 8 RESOLUTION 2021-03—ATTACHMENT A SKHHP 2022 WORK PLAN SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. OBJECTIVES • Share technical information and resources to promote sound housing policy • Coordinate public resources to attract greater private and public investment for affordable housing in South King County • Provide a unified voice to advocate for South King County needs at a local, regional, and state levels Purpose Establish a 2022 SKHHP Work Plan that is shaped by member jurisdictions, consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. •Background • The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement to work together and share resources to increase the available options for South King County residents to access affordable housing and preserve the existing affordable housing stock. The SKHHP 2022 work plan includes three major areas of work that will facilitate implementation of the SKHHP Interlocal Agreement: governance and administration; policy and planning; and education and outreach. The 2022 work plan builds on work done in 2020 and 2021 to establish a SKHHP Housing Capital Fund through pooled public resources, increase philanthropic and corporate investment through the creation of a SKHHP 501(c)(3)fundraising branch, and establish a SKHHP Advisory Board made up of community members that will help to ground SKHHP decisions in communities needs and interests. Progress reports Consistent with the Interlocal Agreement, the SKHHP Executive Manager will submit quarterly budget performance and progress reports on the status of the work plan elements to the SKHHP Executive Board and the legislative body of each member Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 3 of 8 jurisdiction. To be consistent with the administering agency's finance department, quarterly progress reports will be provided as follows: • Quarter 1: May • Quarter 2: August • Quarter 3: November • Quarter 4: February Next steps: In accordance with the Interlocal Agreement, the 2022 SKHHP Work Plan will be approved by the legislative body of each member jurisdiction and the SKHHP Executive Board. The timeline for review and adoption of the 2020 SKHHP Work Plan is as follows: April-June: May-June: June 23: Summer-Fall: Review and input Executive Board Executive Board SKHHP partner :: work plan and Ea, consideration of `;'': jurisdiction sought from budget work plan and r adoption of work partner Councils development budget plan and budget Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 4 of 8 GOVERNANCE AND ADMINISTRATION GOAL 1: Define strategy, direction, and long-term goals, and provide direction to staff on implementation of the SKHHP Interlocal Agreement. Outcomes: 1) Functioning and collaborative entity with clear measures of success. 2) Implementation supports equitable outcomes across jurisdictions, community members, and stakeholders. 3) .Added value for SKHHP partners and South King County subregion. Activities/Actions: 1) Develop annual work plan and budget a. Partner jurisdiction input and review b. Partner jurisdiction adoption 2) Quarterly progress and budget reports 3) Annual updates to stakeholders and non-SKHHP South King County cities 4) Strategic planning —establish 3-5 year goals and objectives POLICY AND PLANNING . GOAL 2: Administer and allocate South King County Housing Capital Funds. Outcomes: 1) Increase resources dedicated to affordable housing preservation, rehabilitation, and production in South King County. 2) Pool resources to address the growing affordable housing and homelessness needs in South King County. Activities/Actions: 1) SKHHP Housing Capital Fund application and allocation process 2) Build funding support through advocacy with philanthropic and private corporations GOAL 3: Work with partner jurisdictions to enhance and develop new local policies and programs that protect existing affordable housing stock, provide housing security, and accelerate access to affordable housing. Outcomes: 1) Number of jurisdictions that adopt new or enhanced legislation or programs that support equitable affordable housing production and preservation strategies. 2) Increased number of affordable rental housing units in participating programs. Resolution No. 2021-03 Rev.2019 July 23, 2021 Page 5 of 8 3) Improved collective efforts to address systemic and institutional racism and create greater racial equity and justice in housing. Activities/Actions: 1) Support implementation of housing strategy/action plans to increase equitable housing production and preservation strategies 2) Maintain inventory & assessment of existing city policies and regulations for affordable housing preservation programs and housing production strategies 3) Assist cities in enacting policies and strategies that address tenant protections through anti-displacement, fair housing, and healthy housing 4) Develop subregional affordable housing preservation strategies. 5) Maintain catalog of successful affordable housing development projects OUTREACH AND EDUCATION Goal 4: Represent South King County and its unique affordable housing needs at all decision tables and foster collaboration between partners. Outcomes: 1) Establish credibility of SKHHP with potential partners and funders. 2) South King County is authentically heard, considered, and supported by regional and state stakeholders and policy makers. 3) Changes in policies, practices, and funding streams that support affordable housing and homelessness programs in South King County. Activities/Actions 1) Represent SKHHP at local & regional meetings and forums. 2) Develop annual SKHHP State advocacy priorities 3) Develop annual SKHHP Federal advocacy priorities 4) Conduct work sessions with state legislators Goal 5: Further strengthen regional stakeholders' understanding of the spectrum of affordable.housing options, the range of related needs and opportunities, and the housing system . Outcomes: 1) South King County decision makers are informed and prepared to act based on current information and facts. 2) Increased interest from nonprofit and for-profit developer to partner with South King County cities to produce affordable housing. 3) The broader community is engaged on local housing issues. Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 6 of 8 Activities/Actions 1) Coordinate and work with developers to better understand barriers to increasing construction and preservation of affordable housing 2) Support SKC engagement and elected official participation in affordable housing development tours 3) Coordinate monthly educational topics that promote understanding of the full housing system and practices that have led to inequities in the system, and opportunities to address racial equity and justice 4) Generate educational information for the public including brochures, website, housing tours, and other outreach programs. Resolution No.2021-03 Rev.2019 July 23, 2021 Page 7 of 8 RESOLUTION 2021-03-ATTACHMENT B 2022 SKHHP Operating Budget Projected beginning fund balance-January 1,2022 $211,801.80 Projected ending fund balance-December 31,2022 $143,573.11 REVENUES Auburn $29,900 Burien $17,250 Covington $8,625 : Des Moines $8,625 Federal Way $29,900 Kent $39,100 Normandy Park $4,600 Renton $39,100 Tukwila $8,625 ` Unincorporated King County** $39,100 King County Housing Authority $15,000 King County** $35,900 Interest earnings Office space(in-kind donation) $12,000 Contributions&Donations TOTAL REVENUES $287,725.00 Spend down balance $68,228.69 TOTAL $355,953.69 EXPENSES Salaries and benefits $254,685.17 Misc-travel, phone, postage $12,000.00 Advisory Board compensation $14,400,00 Office space(in-kind donation) $12,000.00 Supplies ,$1,000,00 Professional development $5,000.00 Interfund IT $25,600.00 Subtotal $324,685.17 Administering agency—10%Administrative Fee* $31,26832 TOTAL $355,935.69 *10%administrative fee is calculated as a percentage of operating costs which does not Include in-kind donations,or carry forwards. **King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of$75,000 per year. Resolution No.2021-03 Rev.2019 July 23, 2021 Page 8 of 8