HomeMy WebLinkAboutCAP 2008-06-23 Item 2A - Interlocal Cooperation Agreement - Community Development Block Grant Program
MEMORANDUM
DATE:
TO:
CC:
FROM:
RE:
JUNE 23, 2008
MAYOR'S OFFICE, CITY COUNCIL
L-&1?
EVIE BOYKAN, HUMAN SERVICES
INTERLOCAL AGREEMENT REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIPS (HOME) PROGRAMS
In order to compete for and receive federal Community Development Block
Grant funds, we must continue to participate in a formalized interlocal agreement
with King County. Technical amendments were made to the agreement
regarding the make-up of the Joint Recommendations Committee (JRC) and to
comply with Housing And Urban Development requirements to affirmatively
further fair housing. The JRC serves as the advisory body that reviews the
recommended allocations of federal housing and community development funds,
in addition to the Regional Affordable Housing Program (document recording fee
funds).
Because City Councils authorized the original interlocal agreement, any
subsequent amendments must also be authorized by Council. This issue is
scheduled for the Community and Parks meeting.
The attached agreement is marked Draft, however, there are no expectations of
any changes as it goes through King County Council.
I'm available to answer questions.
WITNESSETH:
Regular CDBG/HOME Interlocal
Attachment A
INTERLOCAL COOPERATION AGREEMENT
REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is entered into by and between King County (hereinafter the "County and
the City of (hereinafter the "City")
said parties to this Agreement each being a unit of general local government in the State of
Washington.
WHEREAS, the federal government, through adoption and adinistration of the Housing and
Community Development Act of 1974 (the "Act as amended, Will make available to King
County Community Development Block Grant funds hereinafter referred to as for
expenditure during the 2009 -2011 funding years; and
WHEREAS, the area encompassed by unincorporated King County and all participating cities,
has been designated by the United States Department of Housing and Urban Development
"HUD as an urban county for the purpd=se of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribi.teto ea-C county a share of the annual
appropriation of CDBG funds based on formula, takitgnto consideration the social and
economic characteristics of the urban county a td.
WHEREAS, the Act allows participation of units -of general government within an urban county
in undertaking activities that furtherthe goals of the CDBG program within the urban county;
and
WHERE 3o Regulations require the acceptance of the consolidated housing and
community development plan "Consolidated Plan by participating jurisdictions; and
WHEREAS, King County shall undertake CDBG/HOME Program funded activities in
participatingi corporated jurisdictions as specified in the Consolidated Plan by granting funds to
those jurisdictions and to other qualifying entities to carry out such activities; and
WHEREAS, King CAtin responsible to the federal government for all activities undertaken
with CDBG funds ands1hall ensure that all CDBG assurances and certifications King County is
required to submit to HUD with the Annual Action Plan are met; and
WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable
and beneficial to enter into a consortium arrangement pursuant to and authorized by the National
Affordable Housing Act of 1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for
purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME
Program and to cooperate in undertaking HOME Program activities; and
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WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG
and HOME Program funds to ensure benefit for very low to moderate income persons as defined
by HUD; and
WHEREAS, King County and the participating jurisdictions recognize that needs of very low to
moderate income persons may cross jurisdictional boundaries and therefore can be considered
regional and sub regional needs as well as local needs; and
WHEREAS, King County, in conjunction with the participating jurisdictions, must submit an
Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and
WHEREAS, the purpose of this Interlocal Cooperation Agreement, entered into pursuant to and
in accordance with the State Interlocal Cooperation Act, RCVv _Chap. 39.34 is to form an urban
county consortium, "Consortium"), for planning the distribution and administration of CDBG,
HOME Program, and other federal funds received on of the Consortium from HUD, and
for execution of activities in accordance with and uncer authority of the Act:
NOW, THEREFORE, IN CONSIDERATION OF THE'=FOREGOING CIRCUMSTANCES
AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS
AGREED THAT:
I. GENERAL AGREEMENT
King County and participating jurisdictions agree to cooperate to undertake, or assist in
undertaking, activities h eh further the development. of viable urban communities,
including the provision of decent housing and a suitable living environment and
expanding economic opportunities, principally_ for persons of low- and moderate income,
through community renewal. andlower income housing assistance activities, funded from
annuaLCCBG and HOME Pro federal Fiscal Years 2009, 2010 and 2011
appropriations from recaptured funds allocated in those years, and from any program
income generated from the expenditure of such funds.
GENERAL DISTRIBUTION OF FUNDS
The annual distribution Of CDBG and HOME Program funds for the King County urban
county Consortium shall be governed by the following provisions:
A. The amount needed for administration of the Consortium's CDBG, HOME
Program and related federal programs that benefit the Consortium shall be
reserved by the County. This amount (hereinafter referred to as the
"Administrative Setaside is contingent upon review by the Joint
Recommendations Committee "JRC as provided in Section IV, and approval
by the Metropolitan King County Council, as provided by Section V. To the
extent that is reasonable and feasible, the County and the Committee shall strive
to ensure that some portion of the allowable 20 percent of CDBG for planning and
administration remains available for the purposes outlined in II. D. below.
Regular CDBG/HOME Interlocal
Attachment A
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Attachment A
B. Five percent of the funds available from the CDBG entitlement and program
income shall be reserved for the Housing Stability Program, a public service
activity in support of homeless prevention and in support of the affordable
housing requirements under the implementation of the state Growth Management
Act (RCW Chapter 36.70A).
C. Twenty -five percent of the funds available from the CDBG entitlement and
program income shall be reserved for the Consortium -wide Housing Repair
program. The JRC may periodically review and recommend increases or
decreases to this percentage if, in its judgment, there has been a substantial change
in the Consortium's overall funding or in the need for housing repair that justifies
an increase or decrease.
D. The remaining entitlement and program income_ funds, including any remaining
balance of the 20 percent allowable for`planning and administration, as well as
any recaptured or prior year funds, shall-_be divided between two sub -regions of
the county the northeast sub region and the south sub- region. These funds shall
be made available on a competitive basis foiavariety of eligible activities
consistent with the Consolidated Housing arid Community Development Plan.
1. The north/east sub region shall include those cities in the north and east
and those portions of unincorr-ated King County that he north of
Interstate 90. The citiesof Mercer Island,_ Newcastle, Issaquah, and North
Bend which are at or ne.r _tlie Interstate 90 border, along with their
designated potential annexation areas, also shall be included in the
northeast sub- region.
2. The south su rregion shall include those cities south of Interstate 90 and
-those portions of unincorporated King County that he south of Interstate
except for_the cities of Mercer Island, Newcastle, Issaquah, and North
endand their potential annexation areas, which are part of the north/east
sub -:region.
The forula for dividing the funds between the two sub regions shall be
based Q each sub region's share of the Consortium's low -and moderate
Income population.
III. USE OF FUNDS: GENERAL PROVISIONS
A. Funds shall be used to support the goals and objectives of the Consolidated Plan.
B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part
570, Home Program regulations at 24 CFR Part 92, and all other applicable
federal regulations.
IV. JOINT RECOMMENDATIONS COMMITTEE
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An inter jurisdictional Joint Recommendations Committee "JRC shall be established.
A. Composition —The JRC shall be composed of three county representatives and
eight cities representatives.
Regular CDBG/HOME Interlocal
1. The three county representatives shall be King County Executive staff with
broad policy responsibilities and/or department directors. County
representatives shall be specified in writing and, where possible, shall be
consistently the same persons from meeting to meeting.
2. Four of the cities representatives shall be from those cities signing this
interlocal cooperation agreement, two from each sub- region.
3. The remaining four cities representatives shall be from cities that qualify
to receive CDBG entitlement funds directly from HUD and that are not
signing this agreement, but are signing either Joint agreements or HOME
Progam -only agreements. -These latter four_ representatives shall have no
vote on matters specific to the jurisdictions that are parties fo this
agreement.
4. The chairperson and vice- chairperson of the JRC shall be chosen from
among the members of the RC by a majority vote of the members for a
term of one year beginning with the first meeting of the calendar year.
Attendance of five members shall constitute a quorum.
Attachment A
B. AppointrreTheKKing County Executive shall appoint the three county
representatives Tlre cities shall provide for the appointment of their
sh=ared representatives in a manner to be determined by those cities through the
Suburban Cities Association or other agreed -upon mechanism for the execution of
shared app int_i_ng authority. The Suburban Cities Association or other agreed
mechanism IViiiseleerfour jurisdictions of varying size from among those signing
_this agreemen_wo from the north/east sub region and two from the south sub-
region. The eft representatives shall be elected officials, chief administrative
ofee rs, or persons who report directly to the chief administrative officer and who
have br€actpolicy responsibilities; e.g., planning directors, department directors,
etc. Members of the JRC shall serve for two years, or at the pleasure of their
respective appointing authorities.
C. Powers and Duties —The JRC shall be empowered to:
1. Review and recommend to the King County Executive all policy matters
concerning the Consortium CDBG and HOME Program, including but not
limited to the Consolidated Plan and related plans and policies.
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Attachment A
2. Review and recommend to the King County Executive the projects and
programs to be undertaken with CDBG funds and HOME Program funds,
including the Administrative Setaside.
3. Monitor and ensure that all geographic areas and participating jurisdictions
benefit fairly from CDBG and HOME Program funded activities over the
three -year agreement period, so far as is feasible and within the goals and
objectives of the Consolidated Plan.
D. Advisory Committees to JRC —In fulfilling its duty to _review and recommend
projects and programs to be undertaken with the CDBG and HOME Program
funds, the JRC shall consider the advice of inter- junsdictio nal advisory
committees. Sub regional advisory committees, made up of one representative
from each participating jurisdiction in a siub= region that wishes to participate, shall
be convened to assist in the review and recommendation of projects and programs
to be undertaken in that sub region. The JRC may also solicit recommendations
from other inter jurisdictional housmg aid- community development committee
V. RESPONSIBILITIES AND POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in -this Agreement, the County as
the applicant and grantee for CDBG and_HOME Program funds has responsibility
for and assumes all obligations in the execution of the CDBG and HOME
Programs, including final responsibility for selecting and executing activities, and
submitting to'HUE Consolidated Plan, Annual Action Plans, and related plans
and reports, including the Analysis of Impediments to Fair Housing Choice and
the Fair Action Plan. Nothing `contained in this Agreement shall be
construed as a abdication of those responsibilities and obligations.
le Metropolitan Ding County Council shall have authority and responsibility for
Regular CDBG/HOME Interlocal
all policy matters, me uding,the Consolidated Plan, upon review and recom-
mendation by the JRC
=The Metropolitan King County Council shall have authority and responsibility for
all. fund allocation matters, including approval of the annual CDBG and HOME
Program Administrative Setasides and appropriation of all CDBG and HOME
Program
D. The King County Executive, as administrator of the CDBG and HOME Programs,
shall have authority and responsibility for all administrative requirements for
which the County is responsible to the federal government.
E. The King County Executive shall have authority and responsibility for all fund
control and disbursements.
F. The King County Executive shall have the authority and responsibility to staff the
JRC and provide liaison between HUD and the urban county Consortium. County
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G. King County Executive staff shall have the authority and responsibility to
communicate and consult with participating jurisdictions on CDBG and HOME
Program policy and program matters in a timely manner.
H. King County Executive staff shall have the authority and responsibility to convene
sub regional advisory committees made up of representatives from participating
jurisdictions in the sub region, to advise the JRC on the of the sub
regional funds.
King County Executive staff shall provide periodic reports on clients served by
jurisdictions in the Housing Stability Housing Repair programs and on the
status of CDBG and HOME Program funded projects and make them available to
all participating jurisdictions and the JRC-;
J. King County Executive sffshall solicit proposals, administer contracts, and
provide for technical assistance -"both in the development of viable CDBG and
HOME Program proposals and in-cohply ing with CDBG and HOME Program
contractual requirements.
K. King County shall have environtental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under which
King County,may require the local incorporated jurisdiction or contractor to
furnish data,_formation, and assistance for King County's review and assessment
idetermimng wheth
er an- Environmental Impact Statement is required.
SPONSIBILITIFS OF THE PARTICIPATING CITIES
Regular CDBG/HOME Interlocal
Executive staff shall prepare and present to the JRC evaluation reports or
recommendations concerning specific proposals or policies, and any other
material deemed necessary by the JRC to help it fulfill its powers and duties in IV.
C., above.
Attachment A
All participat cities shall cooperate in the development of the Consolidated
'ian and related plans.
B. AIPparticipatiig cities shall assign a staff person to be the primary contact for the
Count -on- DBG/HOME Program issues. The assigned CDBG/HOME Program
contact person is responsible for communicating relevant information to others at
the participating city, including any representative the city may choose to send to
the sub regional advisory committee, if that representative is not the
CDBG/HOME Program contact person.
C. At its discretion, a participating city may assign a representative to attend
meetings of the sub regional advisory committee. This representative may or may
not be the City's CDBG/HOME Program contact person. It may be the
CDBG/HOME Program contact person, a different staff member, an elected
official, or a citizen.
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Attachment A
D. If and when a participating city deems necessary or advisable, it may prepare
applications for CDBG or HOME Program funds to address the needs of its
residents, consistent with the Consolidated Plan.
E. Each participating city shall obtain its council's authorization for any CDBG or
HOME Program application submitted.
F. All participating cities shall carry out CDBG or HOME Program funded projects
in a manner that is timely and consistent with contractual requirements.
G. All participating cities owning community facilities or other real property
acquired or improved in whole or in part with CDBG or HOME Program funds
shall comply with use restrictions as required by'HUD and as required by any
relevant policies adopted by the JRC.
1. During the period of the use-restriction, the participating' cities shall notify
King County prior to any modification or change in the use of real
property acquired or improved ini7hole or in part with CDBG or HOME
Program funds. This includes any modification or change in use from that
planned at the timenf the acquisition or Improvement, including
disposition.
2. During the period of the use restriction, if the property acquired or
improved with CDBG or _HOME Program funds is sold or transferred for a
usevAhieh does not qualifiunder the applicable regulations, the
participating _city shall reimburse King County in an amount equal to the
current fair market value (less any portion thereof attributable to
expencitures ciffunds other than CDBG or HOME Program funds).
RESPONSIB71,ITIES OF -ALL PARTICIPATING JURISDICTIONS
All participating Jurisdictions shall be considered to be those jurisdictions that
have signed thisAgreernent.
B. Allparticipatig'jurisdiction shall fulfill to the County's reasonable satisfaction all
relevant requirements of federal laws and regulations that apply to King County as
applicant; including assurances and certifications described in Section VIII below.
C.
Each partcpatng urisdiction or cooperating unit of general local government
certifies that it has adopted and is enforcing:
1. a policy that prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
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VIII. GENERAL TERMS
Regular CDBG/HOME Interlocal
Attachment A
2. a policy that enforces applicable state and local laws against physically
barring entrance to or exit from a facility or location which is the subject
of non violent civil rights demonstrations within jurisdiction.
D. Pursuant to 24 CFR 570.501(b), all participating units of local governments are
subject to the same requirements applicable to subrecipients when they receive
CDBG funds to implement an activity. The applicable requirements include, but
are not limited to, a written agreement with the County that complies with 24 CFR
570.503 and includes provisions pertaining to: statement of work; records and
reports; program income; uniform administrative items; other program require-
ments; conditions for religious organizations; suspension and termination; and
reversion of assets.
E. All participating units of local government understand that they may not apply for
grants under the federal Small Cities or State CDBG Programs that receive
separate entitlements from HUD during_the period of participation in this
Agreement.
F. All units of local government participating in the_ CDBG urban county consortium
through this interlocal cooperation agreement understand that they are also part of
the urban county for the HOME Program and that may not participate in a
HOME Program consortium'except through the urban county, regardless of
whether the urban county receives a HOME formula allocation.
G. All participating units of local government hereby agree to affnmatively further
fair housing and to e nsure that no CDBG or HOME Program funds shall be
expended fc r activities that do not affinuatively further fair housing within its
jurisdiction or that irni3ede the County's actions to comply with its fair housing
certification Rcr purposes of this section, "affiuuatively furthering fair housing"
includes_participation in the process of developing an Analysis of Impediments to
Fair Housing Choice and a Fair Housing Action Plan. While King County has
the primary responsibihty'for the development of these reports to HUD pursuant
to Section V(A _of this upon request, the City shall provide assistance
to =the County mr preparing such reports.
H. Participating= urisdictions undertaking activities and/or projects with CDBG funds
distriliu €ed under this Agreement shall retain full civil and criminal liability as
thoughthese funds were locally generated.
I. Participating jurisdictions retain responsibility in fulfilling the requirements of the
State Environmental Policy Act under which King County has review
responsibility only.
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Attachment A
A. This Agreement shall extend through the 2009, 2010 and 2011 program years, and
shall remain in effect until the CDBG funds, Home Program funds and program
income received with respect to activities carried out during the three -year
qualification period are expended and the funded activities completed. This
Agreement shall be automatically renewed for participation in successive three
year qualification periods, unless the County or the City provides written notice
that it wishes to amend this agreement or elects not to participate in the new
qualification period by the date set forth by the United States Department of
Housing and Urban Development in subsequent Urban_€ounty Qualification
Notices. King County, as the official applicant, shall have the authority and
responsibility to ensure that any property acquired orssisted with CDBG funds
or HOME Program funds is disposed of or used accordance with federal
regulations.
B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no
included unit of general local government may terminate or withdraw from the
cooperation agreement while it remains in effect.
C. It is understood that by signing this Agreement, the City shall agree to comply
with the policies and implementation of the Consolidated Plan.
D. Parties to this Agreement mint take all required actions necessary to assure
compliance with King County's certification required by Section 104(b) of Title I
of the Housing and CommunityDe elopment Act of 1974, as amended, including
Title VI oftlie Crvrl=Rights Act of 1964, (Title 111 of the Civil Rights Act), the
Fair Housing Act as amended Section 109 of Title I of the Housing and
Community -Development Act of 1974=, as amended, the Americans with
Disabilities Aet_ oto9O, and other applicable laws.
is Agreement shall-be executed in three counterparts, each of which shall be
deemed an o ginal, ny thechief executive officers of the County and the City,
pursuant to theauthority granted them by their respective governing bodies. One
of the signed Agreements shall be filed by the County with the Region X office of
D, one shall_ be filed with the City and one shall be filed with the County.
Priur_to its takrtg effect, the fully executed Agreement shall be filed with the
CourityAu_d-itar, or, alternatively, listed by subject on a public agency's web site
or other ectronically retrievable public source.
F. It is recognized that amendment to the provisions of this Agreement may be
appropriate, and such amendment shall take place when the parties to this
Agreement have executed a written amendment to this Agreement. The City and
the County also agree to adopt any amendments to the Agreement incorporating
changes necessary to meet the requirements for cooperation agreements set forth
in an Urban County Qualification Notice applicable for a subsequent three -year
qualification period, and to submit such amendment to the United States
Department of Housing and Urban Development. Failure to adopt such required
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amendment shall void the automatic renewal of the Agreement for the subsequent
qualification period.
G. This Agreement is made and entered into for the sole protection and benefit of the
parties hereto and their successors and assigns. No other person shall have any
right of action based on any provision of this Agreement.
KING COUNTY, WASHINGTON CITY OF
for King County Executive
Jackie MacLean
Printed Name
Director, Department of Community and
Human Services
Title
Date
Regular CDBG/HOME Interlocal
Approved as to Faun:
OFFICE OF THE KIi\IG=OUNTY
PROSECUTING ATTORr
Attachment A
By: Signature
Printed Name
_Approved as to Form:
CITY OF
CITY ATTORNEY
City Attorney
ATTEST:
CITY OF
City Clerk
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