HomeMy WebLinkAbout5408RESOLUTION NO. 5408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN, BURIEN, COVINGTON, DES MOINES,
FEDERAL WAY, KENT, NORMANDY PARK, RENTON,
TUKWILA, AND KING COUNTY, FOR THE CREATION AND
OPERATION OF SOUTH KING HOUSING AND
HOMELESSNESS PARTNERS (SKHHP)
WHEREAS, the cities of Auburn, Burien, Covington, Des Moines, Federal Way,
Kent, Normandy Park, Renton, Tukwila along with King County share a common interest
in addressing homelessness; and
WHEREAS, the parties wish to enter into an Interlocal Agreement for the creation
and operation of South King Housing and Homelessness Partners (SKHHP); and
WHEREAS, SKHHP will formulate affordable housing policies and programs
specific to South King County, complimenting current efforts by public and private
organizations to address housing needs locally; and
WHEREAS, the most efficient and expeditious way for the parties to address
affordable housing needs is through cooperative action and the pooling of public and
private resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement between
the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park,
Renton, and Tukwila along with King County for the creation and operation of South King
Resolution No. 5804
February 4, 2019
Page 1 of 2
Rev. 2018
Housing and Homelessness Partners, which agreement will be in substantial conformity
with the agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this \C\' day of 12019.
ATTEST:
Shawn Campbell, MMC, City Clerk
Resolution No. 5804
February 4, 2019
Page 2 of 2
CITY OF AUBURN
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APP VE S O FORM:
Steven L. Gross, City Attorney
Rev. 2018
Draft Interlocal Agreement for SKHHP
South King Housing and Homelessness Partners
(Effective Date: January 1, 2019)
This Interlocal Agreement ("Agreement") is entered into by
and between the Cities of Auburn, Burien, Covington, Des Moines,
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
"Parties"). This Agreement relates to the creation and operation
of a joint undertaking among the Parties hereto to be known as the
South King Housing and Homelessness Partners ("SKHHP"). This
Agreement is made pursuant to the Interlocal Cooperation Act,
chapter 39.34 RCW, and has been authorized by the legislative body
of each jurisdiction.
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 to 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
(the "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 corporations and other entities
already providing affordable -housing -related services; and
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SKHHP Interlocal Agreement February 06, 2019
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 is one of the key
contributors to homelessness;
NOW, THEREFORE, in consideration of the mutual promises,
benefits and covenants contained in this Agreement and other
valuable consideration, the sufficiency of which is acknowledged,
the Parties agree to the above Recitals and the following terms
and conditions:
1. DEFINITIONS. The following terms used in this Agreement
are defined
as follows:
a. Administering Agency - One or more of the Parties
that 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. One Party
could serve as the fiscal agent and another Party could serve as
the administrative home for SKHHP staff.
b. Advisory Board - A board consisting of 12 to 15
community members appointed by the Executive 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 for emergency shelter and other
immediate affordable housing needs, and to provide public
education and community outreach services.
C. Executive Board - The governing board for SKHHP
comprised of members as provided herein, which will act on behalf
of all Parties and as may be in the best interest of SKHHP in order
to carry out the purposes of this Agreement.
d. Housing Capital Funds Account - An account
established by the Administering Agency within the SKHHP Fund for
the 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.
e. Individual Account (s) - One or more subaccounts
established within the Housing Capital Funds Account for each Party
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SKHHP Interlocal Agreement February 06, 2019
to this Agreement 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
direction of that Party.
f. SKHHP Fund - A special fund established by the
Administering Agency, as authorized by RCW 39.34.030, 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, for 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 assigned with the responsibility for carrying out the
SKHHP work plan.
j. Sphere of Influence - The area in 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 Partners ("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 and private entities in South King County within the
SKHHP Sphere of Influence to join the Parties in this endeavor.
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SKHHP Interlocal Agreement February 06, 2019
3. STRUCTURE; CREATION OF JOINT BOARD. By executing this
Agreement, the Parties hereto create a joint board pursuant to RCW
39.34.030(4) to govern SKHHP. The joint 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 this Agreement. The
Joint Board created in this Agreement is not a separate legal or
administrative entity within the meaning of RCW 39.34.030(3). The
Executive Board will act on behalf of all Parties and as may be in
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 Agreement, the Executive Board 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. The work
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 recommendations to the Parties regarding
the allocation of public and private funding for affordable housing
purposes.
C. Direct the Administering Agency to enter into
agreements with third parties for the use and application of public
and private funds contributed by individual Parties to the SKHHP
Housing Capital Funds Account established in Section 14, under
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 distribution 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
strategies and programs to achieve State Growth
Management Act housing goals, growth targets, local
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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 will research model
programs, develop draft legislation, prepare
briefing materials and make presentations to
planning commissions and councils on request 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 housing strategy plans for an
equitable and rational distribution of low- and
moderate -income housing.
iii. Facilitate cooperation between the private and
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 the public 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 affordable housing 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.
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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 a
strong South King County voice in regional decision
making.
viii. After the Housing Capital Fund is created, develop
and carry out 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 and 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 law, 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
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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 more than 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 5,000 persons, 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, local governments and public agencies within the
Sphere of Influence may become Parties to this Agreement with
representation on the Executive 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 officer 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 the power 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
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SKHHP Interlocal Agreement February 06, 2019
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 Board" ("SKHHP Fund") within which Fund may be
established various accounts 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; (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 services 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 SKHHP 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 corporation to accept grants,
donations 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. ADMINISTRATION 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 supermajority 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 SKHHP to
carry out its purposes. SKHHP will be staffed with personnel
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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 personnel 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 services 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 all purposes, including but not
limited to voting and establishing a quorum.
C. Action. No action may be taken except at a meeting
where a quorum exists. Action by the Executive Board requires an
affirmative vote by a majority of the Board's membership, provided
however, that a supermajority (two-thirds of 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 dues and assessments (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
Advisory Board tc
Executive Board of
affordable housing
housing stability,
BOARD. The Executive Board will create an
provide advice and recommendation to the
1 land and/or money resource allocation for
projects, input on policy needs related to
program design and development, recommendations
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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 operations (with 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 (12) 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 housing in South
King County, and represent diverse community perspectives.
Appointments will be for a 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 deems necessary, 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 not limited 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 to meetings 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 2020. This Agreement will automatically renew
for successive two-year terms, unless sooner terminated under the
provisions of this Agreement.
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SKHHP Interlocal Agreement February 06, 2019
11. TERMINATION OF
terminated at any
legislative bodies
time by
of the
AGREEMENT. This Agreement may
affirmative vote of a majority of
Parties to this Agreement.
be
the
Upon termination of this Agreement, all property acquired during
the life of the Agreement will be disposed of in the following
manner:
a. all property contributed without charge by any
Party will revert to the contributing Party;
b. all property purchased on behalf of 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
in effect 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
agree they 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.
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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
pursuant 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
continue to vote on all matters before the Executive Board prior
to the effective date of its withdrawal, except the budget and
work plan for the following year.
13. BUDGET. The fiscal year for SKHHP will be January 1 to
December 31 of any year. The first 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 become
effective until approved by the legislative body of each Party and
adopted by the Executive Board, except for SKHHP's first year
(2019). For the first year, the budget will be approved as part of
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 contribution(s) is budgeted for 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
SKHHP on a quarterly basis at the beginning of each quarter unless
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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 Individual Account within
the SKHHP Housing Capital Funds Account established by Section 14.
c. If any Party is delinquent by more than three months
in the payment of its approved operating budget contribution to
the SKHHP Operating Account, that Party will not 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 may establish and maintain an account within the SKHHP Fund
for the 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 Individual Account from a Party may
be released only upon, and in accordance with, 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, and 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.
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SKHHP Interlocal Agreement February 06, 2019
d. Funds transmitted to SKHHP for deposit in the
Housing Capital Funds Account will be held by the Administering
Agency on 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 in accordance 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 not limitations on investments for 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 accomplish 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 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
SKHHP Interlocal Agreement February 06, 2019
5. a general description of the security interests,
if any, to be recorded 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.
iii. Funding contributions to, and repayments (if any)
from, specific projects and programs will be
recorded by the Administering Agency, including
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
declared only 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, 2019
notice and information regarding the status of
projects as necessary to each funding Party's chief
executive officer to allow them to make a timely
decision in this regard. Funding Parties not
consenting to such 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 of SKHHP will be provided solely
through the budgetary process. 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 adopted 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 the 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 records. The Party receiving the request should work
with its own public records staff (if any) to 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 will obtain that clarification from the requester. All
communication with the requester 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 which 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, used, 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 is 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. If more than
one Party is held to be at fault, the obligation 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 subject to RCW 4.24.115, 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's 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
W
SKHHP Interlocal Agreement February 06, 2019
responsibilities, hold harmless and indemnification requirements,
provisions regarding duration, termination or withdrawal, or the
conditions of this Section will require consent of the legislative
authorities of all Parties. This Section will not be construed to
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 approval of the budget and work
plan by its legislative body, 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 tows 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 (referred 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 of such 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 do not 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 assume 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
(Indemnification 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 06, 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 provision 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.
27. 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 36.01.050.
29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain
the responsibility
their own internal
housing activities.
and authority for managing and maintaining
systems and programs related to affordable
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 Interlocal 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, benefits or taxes to or on behalf of any other Party's
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, 2019, 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 Follows)
21
SKRKP Interlocal Agreement February 06, 2019
Approved and executed this
Scc\� c '�S=:N 2019.
Name of Party: CITY OF AUBURN
Approved as to form:
Steve Gross, City Attorney
22
SKHHP Interlocal Agreement February 06, 2019
\C\'-- day of
Exhibit A - SKHHP Sphere of influence
SslSntl. Seattle m,.wn�r-I• -
rm
blA
� InL:c I
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_ I v .• vClnli .:.:uo•
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23
SKHHP Interlocal Agreement February 06, 2019
EXHIBIT B
FIRST YEAR SKHHP BUDGET
9 cities & King County
Year 1: 10 months of Operations
Annual Expense Budget
Full-time manager with salary/taxes/benefits
$
130,000
Administrative & low-level policy support with salary/taxes/benefits
$
90,000
Expenses - travel, phone, postage, and start-up costs
$
19,000
Space
$
12,000
SubTotal
$
251,000
10% Fiscal Administration Fee
$
25,100
TOTAL
$
276,100
Cost for 30 months of Operations:
$
230,083
Revenue Budget
97,440
15%
Outside sources* (County, philanthropy, aligned organizations)
$
68,000
Office Space (in-kind donation) (Pro -rated]
$
10,000
Shared among participating cities (see below)
$
152,083
TOTAL
$
230,083
Shares for aarticioatina cities:
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 48,000
TOTAL 68,000
***King County has committed $75,000,
including covering the share for unincorporated
(In Year 1, the accrual from the unicorporated SKC
share is used for $7K in startup costs)
24
SKHHP Interlocal Agreement February 06, 2019
**Grouped by Size Ranges
Population
%of
$
3,113
(OFM 2018 est)
Population
Grouped by Size**
Auburn
80,615
12%
$ 20,236
Burien
51,850
8%
$ 11,675
Covington
20,080
3%
$ 5,837
Des Moines
31,340
5%
$ 5,837
Federal way
97,440
15%
$ 20,236
Kent
128,900
20%$
26,463
Normandy Park
6,700
1%
$ 3,113
Renton
104,100
16%
$ 26,463
Tukwila
19,800
3%
$ 5,837
Unincorporated SKC
111,000
17%
$ 26,463
TOTAL
651,825
$ 152,161
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 48,000
TOTAL 68,000
***King County has committed $75,000,
including covering the share for unincorporated
(In Year 1, the accrual from the unicorporated SKC
share is used for $7K in startup costs)
24
SKHHP Interlocal Agreement February 06, 2019
**Grouped by Size Ranges
<10,000
$
3,113
10,001-35,000:
$
5,837
35,001-65,000:
$
11,675
65,001- 100,000
$
10,236
100,001+:
$
16,463
SECOND YEAR SKHHP DRAFT BUDGET
9 cities & King County
Year 2: Full Year of Operations
Annual Expense Budget
Full-time manager with salary/taxes/benefits $ 130,000
Administrative & low-level policy support with salary/taxes/benefits $ 90,000
Expenses - travel, phone, postage $ 12,000
SubTotal
10% Fiscal Administration Fee
$
$
244,000
14,400
TOTAL
$
268,400
Revenue Budget
Outside sources* (County, philanthropy, aligned organizations) $ 61,000
Office Space (in-kind donation) $ 12,000
Shared among participating cities (see below) $ 195,400
TOTAL '$ 268,400
Shares for oarticipatina cities:
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 41,000
TOTAL 61,000
***King County has committed $75,000,•
including covering the share for unincorporated
25
SKHHP Interlocal Agreement February 06., 2019
**Grouped by Size Ranges
Population
%of
$
4,000
(OFM 2018 est)
Population
Grouped by Size**
Auburn
80,615
12%
$ 26,000
Burien
51,850
8%
$ 15,000
Covington
20,080
3%
$ 7,500
Des Moines
31,340
5%
$ 7,500
Federal Way
97,440
15%
$ 26,000
Kent
128,900
20%
$ 34,000
Normandy Park
6,700
1%
$ 4,000
Renton
104,100
16%
$ 34,000
Tukwila
19,800
3%
$ 7,500
Unincorporated SKC
111,000
17%
$ 34,000
TOTAL
651,825
$ 195,500
*Outside sources
KC Housing Authority 15,000
Enterprise 5,000
King County*** 41,000
TOTAL 61,000
***King County has committed $75,000,•
including covering the share for unincorporated
25
SKHHP Interlocal Agreement February 06., 2019
**Grouped by Size Ranges
<10,000
$
4,000
10,001- 35,000:
$
7,500
35,001- 65,000:
$
15,000
65,001- 100,000
$
26,000
100,001+ :
$
34,000